Mequon City Zoning Code

DIVISION 5

BUSINESS DISTRICTS

Sec. 58-293.- Neighborhood commercial district.

(a)

Purpose. The NC district is established to provide a commercial environment of mixed office, retail and services designed to serve immediate residential neighborhoods and allow for new residential development

(b)

General requirements.

(1)

Buildings shall be designed in individual or small groupings and shall not exceed 20,000 square feet per structure, nor exceed two stories in height, except as approved as a planned unit development. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. Outside storage is not permitted except as specifically approved by the planning commission.

(3)

In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability of development for the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the city planning commission regarding traffic generation, ground water impact, sewage disposal impact, lighting, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The city planning commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the city planning commission may affirm, modify or withdraw its determination of unsuitability.

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

Redevelopment of an existing building, where 50 percent or more of the existing building area is removed, shall be subject to the regulations in subsection (c) unless the city modifies the regulations in accordance with a conditional use process.

(6)

Digital security imaging systems in accordance with chapter 14-300 is required.

(c)

Permitted, accessory and conditional uses. Table 58-293-1, Uses in the Neighborhood Commercial District, lists all the permitted and conditional uses.

(d)

Lot size. The minimum lot size shall have an area of not less than one and one-half acres.

(e)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(f)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(g)

Minimum building setback. All structures within the B-1 district shall be set back from the ultimate road right-of-way as follows:

(1)

Highways, 50 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(2)

Local streets, 30 feet.

(h)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjoining property is zoned residential, no commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(i)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Properties which were the subject of planned unit development zoning or development agreement approval prior to August 12, 1994, shall be subject to the contractual open space ratio approved by the city pursuant to such planned unit development zoning or development agreement.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Proposed redevelopment/reconstruction of sites developed prior to August 12, 1994, shall be subject to the 40 percent open space ratio if the redevelopment razes more than 50 percent of the existing building(s). If the redevelopment does not raze more than 50 percent of the existing building(s), a development shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(j)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(k)

Off-street parking. In accordance with applicable regulation set forth in section 58-441 of this chapter.

(l)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 15 feet to the ultimate road right-of-way.

Table 58-293-1
Uses in the Neighborhood Commercial District

Use	Neighborhood Commercial	Specific Development Standards
Office and Clinic:
Office	P
Medical clinics	P
Optical and vision center	P
Veterinary clinics or hospitals	P	✓
Financial institutions without drive-through	P
Financial institutions with drive-through	C	✓
Institutional and Public:
Public parks
Public administrative offices and services	P
Religious institutions
Public or private schools of 5,000 square feet or less
Public or private schools
Private lodges and clubs of 5,000 square feet or less
Private lodges and clubs
Fine arts school and studios of 2,000 square feet or less	P
Community centers
Libraries
Museums
Crematory services
Mausoleums
Cemeteries
Public parking facilities, nonaccessory
Residential:
Artist's live/work units	P	✓
Residential uses, eight units or less, if part of a mixed-use development
Residential uses, nine units to 16, if part of a mixed-use development
Bed and breakfast	C	✓
Community living arrangements for persons eight or fewer
Single-family residential cluster developments	C	Per Sec. 58-333
Age restrictive housing for persons of 55 years of age and older	PUD
Accessory Residential:
Residential quarters for the owner/proprietor	P	Per Sec. 58-294(d)(1)
Home occupations	P
Private outdoor recreational facilities without lights	P
Private outdoor recreational facilities with lights	C
Retail and Services:
Art, hobby, game and educational supply stores, studios or galleries	P
Interior design services	P
Graphic design services	P
Antiques, collectibles, gift or florists	P	✓
Commercial use of a designated historic structure
Stationary stores	P
Bookstores, new	P
Camera and photography supply store	P
Computer and software store	P
Electronic goods store	P
Tobacco, cigar or nicotine product/e-cigarette store 2,000 square feet or less
Music and musical instrument store including repairs	P
Video stores	P
Paint and wallpaper store	P
Luggage and leather goods store	P
Beauty and personal aid supply store	P
Photocopying, film development, printing and publishing, packaging store of 4,000 square feet of less	P
Dry cleaning and tailors	P
Clothing and accessories including repairs	P
Home furnishings and accessories including repairs of 4,000 square feet or less	P
Sports and fitness centers including retail of 3,000 square feet or less	P
Bicycle repair and sales	P
Indoor recreation and amusement facilities
Pet supplies, grooming and daycare	P	✓
Pet kennel
Garden store	P
Hardware store	P
Child daycare facilities, preschools, learning centers	C
Specialty food stores	P
Beer, wine and liquor stores
Sports and fitness retail store greater than 3,000 square feet
Gas stations
Gas stations with car wash
Convenience store without gas	C
Automobile service facilities including retail and repair
Car dealerships
Shopping centers	C
Funeral homes
Concert halls
Theatres, live performances only
Sexually oriented businesses
Hotels
Planned commercial development	PUD
Grocery store of 20,000 square feet or less	PUD
Pharmacy	C	✓
Food and Beverage:
Catering services	P
Confectionary store without drive through	P
Bakeries, including retail sales without drive-through	P
Bakeries, including retail sales with drive-through	C
Coffee shop of 2,000 square feet of less without drive-through	P
Coffee shop of 2,000 square feet of less with drive-through	C	✓
Delicatessen without drive-through	P
Delicatessen with drive-through		✓
Snack and nonalcoholic beverage bars without drive-through	P
Fast food restaurant without drive-through	P	✓
Fast food restaurant with drive-through
Sit-down restaurants	P
Nightclubs
Town Center breweries
P = Permitted uses
C = Conditional uses

(Ord. No. 2019-1535, § II(Exh. B), 1-8-2019; Ord. No. 2025-1687, § I, 12-9-2025)

Sec. 58-294. - B-1 neighborhood business district.

(a)

Purpose. The B-1 district is established to generally accommodate the basic day-to-day retail and service needs of persons residing in nearby residential areas.

(b)

General requirements.

(1)

Buildings shall be designed in individual or small groupings and shall not exceed 20,000 square feet per structure, nor exceed two stories in height, except as approved as a conditional use. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

(3)

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

(c)

Permitted uses.

(1)

Retail trade establishments which supply convenience and specialty goods and services including, but not limited to, groceries, meats, dairy products, baked goods or other convenience goods, drugs, dry goods and notions.

(2)

Personal and professional service establishments which perform services on the premises including, but not limited to, repair shops, (watches, radio and television, etc.) tailor shops, beauty parlors or barber shops, photographic studios, dry cleaners, laundries.

(3)

General offices.

(4)

Finance, insurance and real estate services including, but not limited to, banks, insurance offices, savings and loan associations and security brokers.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor located in the same building as the business.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.

(2)

Restaurants which provide for the consumption of food primarily within the building. No fast food restaurants will be allowed.

(3)

Cultural activities including, but not limited to, museums, libraries and art galleries.

(4)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(5)

Churches, temples and synagogues.

(6)

Health care facilities including, but not limited to, dental clinics, medical clinics, chiropractic clinics and health clubs.

(7)

Satellite dishes.

(8)

Child day care facilities.

(9)

Structures in which shall be located only principal or conditional uses, as enumerated in subsection (c) above, and this subsection, but which are greater than 20,000 square feet, but not to exceed 40,000 square feet, in size and/or greater than two stories in height.

(10)

Development that includes a proposed modification to one or more standard district regulation applicable to the base zoning district and located on a vacant parcel which is non-conforming to the required base zoning district standards for minimum lot size or minimum lot width.

(11)

Development that includes a proposed modification to one or more standard district regulation applicable to the base zoning district and located on an improved parcel with an existing structure in which parcel, or improvement, or both, are non-conforming to any of the required base zoning district standards.

(12)

Veterinary clinics and animal hospitals.

(f)

Lot size. The minimum lot size shall have an area of not less than 1.5 acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-1 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in section 58-441 of this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(Code 1957, § 3.08(1); Ord. No. 99-984, 1-11-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2003-1078, §§ I, II, V, 8-12-2003; Ord. No. 2005-1143, § 11, 9-13-2005; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2008-1259, § I, 11-11-2008; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2022-1629, § I(Exh. A), 11-9-2022)

Sec. 58-295. - B-2 community business district.

(a)

Purpose. The B-2 district is established to accommodate the retail and service needs of the greater community.

(b)

General requirements.

(1)

(2)

(3)

Building design may provide for either single or multi-tenant structures with the appearance and operation being harmonious and compatible with the surrounding area.

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

[Reserved.]

(6)

In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the city planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area and/or would not generate a significant adverse impact relative to the above mentioned elements.

(7)

[Reserved.]

(c)

Permitted uses.

(1)

Retail trade establishments which supply convenience and specialty goods.

(2)

Retail trade establishments whose primary product line is groceries.

(3)

(4)

General offices.

(5)

Finance, insurance and real estate services including, but not limited to, banks, insurance offices, savings and loan associations and security brokers.

(6)

Health care facilities including, but not limited to, dental clinics, medical clinics, chiropractic clinics and health clubs.

(d)

Accessory uses. Accessory buildings and uses customarily incidental to the above uses including, but not limited to garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.

(2)

Restaurants and nightclubs.

(3)

Cultural activities including, but not limited to, museums, libraries and art galleries.

(4)

(5)

Churches, temples and synagogues.

(6)

Animal hospitals, veterinary clinics and kennels pursuant to the specific requirements set forth in division 11.

(7)

Wholesaling establishments.

(8)

Outdoor recreational facilities.

(9)

Automobile service facilities including, but not limited to, gasoline sale and automotive repair.

(10)

Motels and hotels.

(11)

Satellite dishes.

(12)

Warehouse and distribution facilities.

(13)

Car dealerships.

(14)

Research and development facilities.

(15)

Child day care facilities.

(16)

Light assembly or fabrication incidental to the principal use.

(17)

Structures in which shall be located only principal or conditional uses, as enumerated in subsections (c) and (e) above, but which are greater than 20,000 square feet, but not to exceed 40,000 square feet, in size and/or greater than two stories in height.

(18)

(19)

Fitness centers.

(20)

Indoor recreation and amusement facilities.

(21)

(22)

General merchandise stores subject to the following regulations:

• The GLA of the use must be between 20,000 and 30,000 square feet.

• The square footage of all uses classified as general merchandise stores shall not exceed 40 percent of the total GLA of a retail development.

• Floor area dedicated to food related merchandise shall not exceed five percent of the total GLA of the general merchandise store.

• The development in which the use is located shall be located along a secondary arterial and shall abut an interstate highway.

• General merchandise stores located in an existing multi-tenant building shall be subject to building and site plan review.

(23)

Resale clothing and clothing accessories shall be subject to the following conditions:

• The resale floor area shall not exceed 1,500 square feet.

• All merchandise shall be displayed on permanent racks or shelving which may or may not be affixed to the floor or walls.

• No outdoor display of merchandise.

• All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

• All interior walls and ceilings shall be finished with drywall or other city approved materials.

• No sale of furniture or other household items.

(24)

Banquet or reception hall.

(25)

Convention or conference center.

(f)

Lot size. The minimum lot size shall have an area of not less than two acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-2 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways—50 feet.

(2)

All other streets and highways (excluding local streets)—65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets—60 feet.

(j)

(k)

Open space.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in section 58-441.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(Code 1957, § 3.08(2); Ord. No. 99-984, 1-11-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2003-1078, §§ II, VI, 8-12-2003; Ord. No. 2003-1079, §§ III, IV, 9-9-2003; Ord. No. 2005-1143, § 12, 9-13-2005; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2008-1259, § I, 11-11-2008; Ord. No. 2008-1265, § III, 1-13-2009; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2013-1401, § I(Att.), 10-8-2013; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2019-1559, § II, 1-14-2020; Ord. No. 2022-1633, § I(Exh. A), 1-10-2023)

Editor's note— Ord. No. 2008-1259, § I, adopted Nov. 11, 2008, deleted subsection 58-295(e)(8), thus renumbering subsections 58-295(e)(9)—(19) as 58-295(e)(8)—(18). Subsequently, Ord. No. 2008-1265, § III, adopted January 13, 2009, added subsections 58-295(e)(20), (21), which were renumbered as subsections 58-295(e)(19), (20), at the discretion of the editor, to preserve the style of this Code. See also the Code Comparative Table.

Sec. 58-296. - B-3 office and service business district.

(a)

Purpose. The B-3 office and service district is intended to provide for individual or group office and special service uses where the office activity would be compatible with surrounding uses.

(b)

General requirements.

(1)

(2)

The office development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(3)

All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the planning commission.

(4)

The size and location of projects within the district shall be based upon such factors as justifiable community need, satisfactory traffic impact and its potential contribution to the welfare of the community.

(5)

(6)

Site development shall be approved by the planning commission in accordance with this Code.

(7)

[Reserved.]

(c)

Permitted uses.

(1)

Professional office and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(2)

Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.

(3)

Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.

(d)

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Residential quarters for the owner/proprietor, located in the same building as the business, that were established prior to the effective date of this ordinance may be continued. Residential quarters shall not be allowed for office uses developed subsequent to the effective date of the ordinance from which this section is derived.

(e)

Conditional uses. Conditional uses shall include, but not necessar[il]y be limited to the following:

(1)

Commercial child day care facilities.

(2)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(4)

Research and development facilities.

(5)

Light assembly and/or warehouse if accessory to the principal use.

(6)

Satellite dishes with appropriate screening.

(7)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(8)

Beauty aids and personal grooming services, including but not limited to facial, skin, hair and nail care services and ancillary therapeutic massages and the ancillary retail sale of related products.

(9)

Sit-down restaurants subject to the following:

Restaurants shall be an occupant within a multi-tenant building and no stand-alone restaurants shall be permitted.

Restaurants shall not exceed 5,000 square feet in gross floor area or 50 percent of the total building size, whichever is less.

Only one restaurant shall be permitted per building.

Drive-thru windows shall not be permitted.

Restaurants shall not be permitted if the property is also zoned as an LTD overlay.

(10)

(11)

(12)

Commercial use of historically significant structures not otherwise permitted.

(f)

Lot size. The minimum lot size shall have an area of not less than 1.5 acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height.The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-3 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

(Code 1957, § 3.08(3); Ord. No. 97-921, 6-10-1997; Ord. No. 99-984, 1-11-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2002-1041, § I, 3-12-2002; Ord. No. 2003-1078, § III, VII, 8-12-2003; Ord. No. 2003-1079, § V, VI, 9-9-2003; Ord. No. 2005-1143, § 13, 9-13-2005; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2011-1352, § I, 6-14-2011; Ord. No. 2013-1395, § I[Att.], 4-9-2013)

Sec. 58-297. - B-4 business park district.

(a)

Purpose. The B-4 business park district is intended to provide for the development of an attractive and aesthetically mixed grouping of both office and limited light industrial uses in a planned park-like setting.

(b)

General requirements.

(1)

Buildings shall not exceed 40,000 square feet of gross floor area except as approved as a conditional use.

(2)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(3)

(4)

The business park shall be improved with underground utilities.

(5)

Vehicular circulation within the business park shall be oriented to internal circulation drives with limited access provided to city streets.

(6)

No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution or hazardous by reason of excessive danger of fire or explosion shall be permitted.

(7)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.

(8)

In approving or disapproving proposed locations for uses under this subsection the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the city planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area and/or would not generate a significant adverse impact relative to the above mentioned elements.

(9)

Site development shall be approved by the planning commission in accordance with this chapter.

(10)

[Reserved.]

(c)

Permitted uses.

(1)

Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(2)

(3)

Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investments, insurance agency, insurance carriers, governmental and public services.

(d)

Permitted accessory uses. Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(e)

Conditional uses. Conditional uses shall include, but not necessary be limited to, the following:

(1)

Light manufacturing.

(2)

Processing.

(3)

Wholesaling.

(4)

Distribution.

(5)

Research and development.

(6)

Printing and publication.

(7)

Warehousing.

(8)

Barbershops and beauty salons.

(9)

Bookstores.

(10)

Commercial child day care facilities.

(11)

Restaurants (not including fast food facilities).

(12)

Florists (not including greenhouses).

(13)

Gift shops.

(14)

Pharmacies.

(15)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(16)

Automobile service facilities.

(17)

Satellite dishes.

(18)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(19)

Theatres.

(20)

Structures greater than 40,000 square feet in size and/or greater than two stories in height.

(21)

(22)

Pet day-cares and kennels pursuant to the specific requirements set forth in division 11.

(23)

Fitness centers.

(24)

(25)

Convention or conference center.

(26)

A showroom sales facility where items on display are purchased by order or in bulk and not through onsite inventory. This includes, but is not limited to, building products, interior fixtures, and furnishings. The sales facility is primarily open to contractors and industry professionals but is also open to the general public. No outdoor storage is permitted.

(f)

Lot size. The minimum lot size shall have an area of not less than one acre.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-4 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjoining property is zoned residential, no building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

(Code 1957, § 3.08(4); Ord. No. 99-984, 1-11-2000; Ord. No. 2000-988, 2-8-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2003-1078, §§ IV, VIII, 8-12-2003; Ord. No. 2003-1079, §§ VII, VIII, 9-9-2003; Ord. No. 2005-1143, § 14, 9-13-2005; Ord. No. 2006-1180, § I, 3-14-2006; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2008-1265, § IV, 1-13-2009; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2022-1633, § I(Exh. A), 1-10-2023; Ord. No. 2025-1675, § I, 3-11-2025)

Editor's note— Ord. No. 2008-1265, § IV, adopted January 13, 2009, deleted subsection 58-297(e)(8), thus renumbering subsections 58-297(e)(9)—(23) as 58-297(e)(8)—(22). Subsequently, Ord. No. 2008-1265, § IV, added subsection 58-297(e)(24), which was renumbered as subsection 58-297(e)(23), at the discretion of the editor, to preserve the style of this Code. Additionally, Ord. No. 2010-1316, § I, adopted June 8, 2010, added subsection 58-297(e)(23), which was renumbered as subsection 58-297(e)(24), at the editor's discretion, to preserve the style of this Code. See also the Code Comparative Table.

Sec. 58-298. - B-5 light industrial district.

(a)

Purpose. The B-5 light industrial district is intended to provide for the development of limited industrial and office uses.

(b)

General requirements.

(1)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

(3)

The development shall be improved with underground utilities.

(4)

Site access shall be oriented to internal circulation drives with limited access provided to city streets.

(5)

(6)

(7)

Site development shall be approved by the planning commission in accordance with this chapter.

(8)

[Reserved.]

(c)

Permitted uses. Permitted uses shall include, but not necessarily be limited to, the following:

(1)

Light manufacturing.

(2)

Processing.

(3)

Wholesaling.

(4)

Distribution.

(5)

Research and development.

(6)

Printing and publication.

(7)

Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(8)

(9)

(10)

Reupholstery and furniture repair.

(11)

Specialty trade contractor or building service provider without outside storage of materials including but not limited to: landscaping, exterminating, carpentry, plumbing, electrical, and janitorial services.

(d)

Permitted accessory uses. Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(e)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(1)

Barbershops and beauty salons.

(2)

Bookstores.

(3)

Commercial child day care facilities.

(4)

Restaurants (not including fast food facilities).

(5)

Florists (not including greenhouses).

(6)

Gift shops.

(7)

Pharmacies.

(8)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(9)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(10)

Lumber and building supply yards.

(11)

Transportation terminals.

(12)

Warehousing as principal use.

(13)

Automobile service facilities.

(14)

Satellite dishes and transmission towers.

(15)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(16)

(17)

Pet day-cares and kennels pursuant to the specific requirements set forth in division 11

(18)

Fitness centers.

(19)

(20)

Indoor sport shooting range.

(21)

Resale furniture and household merchandise.

•

The resale floor area shall not exceed 3,000 square feet.

•

No outdoor display of merchandise.

•

All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

•

No sale of clothing or clothing accessories.

(22)

Architectural salvage.

•

The resale floor area shall not exceed 3,000 square feet.

•

No outdoor display of merchandise.

•

All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

•

No sale of clothing or clothing accessories.

(23)

Outdoor power equipment stores, including the servicing, repair and sales of new and used outdoor power equipment (equipment containing small engines or motors) and related parts, supplies, attachments and accessories.

(f)

Lot size. The minimum lot size shall have an area of not less than one acre.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 50 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-5 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjoining property is zoned residential, no building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

(Code 1957, § 3.08(5); Ord. No. 99-984, 1-11-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2003-1079, §§ IX, X, 9-9-2003; Ord. No. 2005-1143, § 15, 9-13-2005; Ord. No. 2006-1180, § II, 3-14-2006; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2008-1254, § I, 10-14-2008; Ord. No. 2008-1265, § V, 1-13-2009; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2015-1461, § I(Att.), 11-10-2015; Ord. No. 2019-1540, § I, 3-12-2019; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2019-1559, § III, 1-14-2020; Ord. No. 2021-1588, § I, 5-11-2021)

Editor's note— Ord. No. 2008-1265, § V, adopted January 13, 2009, deleted subsection 58-298(e)(1), thus renumbering subsections 58-298(e)(2)—(18) as 58-298(e)(1)—(17). Subsequently, Ord. No. 2008-1265, § V, added subsection 58-298(e)(19), which was renumbered as subsection 58-298(e)(18), at the discretion of the editor, to preserve the style of this Code. See also the Code Comparative Table.

Sec. 58-299. - B-6 rural industrial zoning district.

(a)

Establishment. The B-6 district is established to provide the opportunity for low intensity and low impact industrial development that preserves rural character and viewsheds within the unsewered rural area.

(b)

General requirements.

(1)

All industrial uses shall be administered as conditional uses. Therefore, the planning commission shall have authority to require conditions of approval deemed necessary to protect, among other things, the city's tax base, natural environment, and quality of life. Above average traffic (i.e., auto and truck) generation, water use, and sewer use industries are discouraged.

(2)

(3)

(4)

No external nuisance, which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, and pollution or hazardous by reason of excessive danger of fire or explosion, shall be permitted.

(5)

(6)

Site development shall be approved by the planning commission in accordance with sections 58-107 to 58-112; 58-439 to 58-442; and 58-562 to 58-567.

(c)

Permitted uses.

(1)

Agricultural uses.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor located in the same building as the business.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Light industrial uses (note: these uses shall not include heavy fabrication, food processing, warehousing/distribution, transportation terminals, junkyards, and lumberyards as a principle use.

(2)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to city staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(3)

Wineries.

(4)

Microbreweries.

(5)

Indoor sport shooting range.

(f)

Lot size. The minimum lot size shall have an area of not less than five acres.

(g)

Floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 35 feet.

(i)

Minimum building setback. All structures within the B-6 district shall be set back a minimum of 100 feet from the ultimate road right-of-way.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 50 feet to a B-6 zoned side or rear lot line and/or 100 feet to a residentially zoned side or rear lot line.

(k)

Open space ratio. The open space ratio shall not be less than 40 percent.

(l)

Lot width. The minimum lot width shall be 300 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in sections 58-439 to 58-442.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 50 feet to a B-6 zoned side or rear lot line and/or 100 feet to a residentially zoned side or rear lot line.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way.

(Ord. No. 2005-1157, § I, 1-10-2006; Ord. No. 2012-1391, § I, 1-8-2013; Ord. No. 2013-1396, § I[Att.], 4-9-2013; Ord. No. 2015-1461, § I(Att.), 11-10-2015)

Sec. 58-300. - B-7 rural business district.

(a)

Establishment. The B-7 district is established to provide the opportunity for low intensity and low impact commercial development that preserves rural character and viewsheds within the unsewered rural area and areas that transition to the rural area.

(b)

General requirements.

(1)

Buildings shall be designed in individual or small groupings and shall not exceed 5,000 square feet per building or exceed one story in height unless approved as part of a PUD. The commercial development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with the surrounding area.

(2)

Existing structures with historical significance (e.g., barns, silos, fences, homesteads, etc.) and natural rural elements (e.g., topography, treelines, creeks, etc.) shall be preserved unless removal is specifically allowed by the planning commission.

(3)

The planning commission shall have authority to require conditions of approval deemed necessary to protect the area's rural character and moderate the possible negative visual and operational impacts of commercial development, including without limitation such impacts on adjoining residentially used and residentially zoned property.

(4)

(5)

In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability of development for the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the planning commission regarding traffic generation, ground water impact, sewage disposal impact, lighting, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The planning commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the planning commission may affirm, modify or withdraw its determination of unsuitability. The presumption shall be in favor of the planning commission's findings and requirements regarding the limitations on the type and size of proposed businesses.

(6)

Specific design standards. The building design shall incorporate materials that reflect the rural character of the area such as cedar or clapboard siding, stone, brick or other comparable materials that achieve the same quality of appearance. Four-sided architecture that utilizes similar design elements and building materials is required. To the extent that a property in the district is adjacent to a residential property or residentially zoned property, the building design shall be harmonious with Mequon's residential architectural design standards and existing residential structures.

(7)

Site development shall be approved by the planning commission in accordance with sections 58-107 to 58-112; 58-439 to 58-442; and 58-562 to 58-567.

(c)

Permitted uses.

(1)

Roadside farmers markets.

(2)

Offices.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor may be located in the same building as the business or as a separate structure subject to planning commission approval.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses. Conditional uses shall include, but not necessar[il]y be limited to, the following:

(1)

Commercial greenhouses, retail and wholesale nurseries.

(2)

Private outdoor recreational facilities.

(3)

Specialty retail uses (i.e., retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, antique stores, and similar establishments).

(4)

Sit-down restaurants (no fast food and/or drive thru restaurants permitted).

(5)

Landscape contracting offices.

(6)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to city staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(7)

Horse riding academies and stables.

(8)

Churches and religious institutions.

(9)

Bed and breakfast.

(10)

Animal hospitals and veterinary clinics pursuant to the specific requirements set forth in division 11.

(11)

Personal services, including but not limited to facial, skin and nail care, beauty salons and ancillary therapeutic massages.

(12)

Wineries.

(13)

Microbreweries.

(14)

Commercial use of historically significant structures not otherwise permitted.

(f)

Lot size. The minimum lots size shall be two acres

(g)

Building size. Individual buildings shall not exceed 10,000 square feet in size.

(h)

Floor area ratio. The floor area ratio shall not exceed 15 percent.

(i)

Building height. The height of any structure shall not exceed 35 feet.

(j)

Minimum building setback. All structures within the B-7 district shall be set back a minimum of 100 feet from the ultimate road right-of-way, unless waived by the planning commission.

(k)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 30 feet to a side or rear lot line.

(l)

Open space ratio. The open space ratio shall not be less than 50 percent.

(m)

Lot width. The minimum lot width shall be 200 feet.

(n)

Off-street parking. In accordance with applicable regulation set forth in sections 58-439 to 58-442. The planning commission may, however, allow less parking stalls than required by code if the planning commission deems that the rural business's parking demands are unique and the parking standard excessive. Furthermore, the planning commission may waive the requirement for the asphalt-parking surface if the rural business is seasonal or if the character of rural business is compatible with a rustic gravel drive and/or parking area setting.

(o)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 30 feet from a side or rear lot line.

(p)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way.

(q)

Signage. See section 62-15 for specific design criteria for signs in the B-7 district.

(Ord. No. 2005-1157, § II, 1-10-2006; Ord. No. 2007-1222, § I, 7-10-2007; Ord. No. 2008-1238, § III, 4-8-2008; Ord. No. 2010-1325, § I, 1-11-2011; Ord. No. 2012-1391, § I, 1-8-2013; Ord. No. 2013-1395, § I[Att.], 4-9-2013; Ord. No. 2013-1396, § I[Att.], 4-9-2013; Ord. No. 2019-1543, Exh. B, 4-9-2019)

Editor's note— Ord. No. 2013-1395, § I[Att.], adopted April 9, 2013, set out provisions adding subsection 58-300(e)(12). To facilitate inclusion of Ord. No. 2013-1396, § I[Att.], adopted April 9, 2013, which added subsection 58-300(e)(13), and at the editor's discretion, these provisions have been included as subsection 58-300(e)(14).

Sec. 58-301. - TC town center district.

(a)

Purpose. The Town Center (TC) district is established to preserve and enhance the unique character of Mequon's Civic Campus, to create a gateway to the Mequon-Thiensville Town Center, to establish and promote pedestrian character, to protect the natural environment and improve visual and physical access to the Milwaukee River, to mitigate the impacts of vehicular traffic, to establish and maintain small, neighborhood scale mixed uses, including a broad range of housing type at densities that support the Town Center businesses, and to encourage high quality design standards throughout the Town Center.

(b)

Established boundaries. All land located within the established boundaries of the TC district shall be subject to the requirements of this section. The boundaries of the TC district shall be, as shown on the official zoning map, the area commencing in and around the Cedarburg and Mequon Road intersection and along Mequon Road from the Milwaukee River to and around the Buntrock Avenue and Mequon Road intersection.

(c)

Building and site plan review required. The planning commission shall review and take action on development within the TC district. All applicants are required to meet with city staff for a pre-application meeting. The following shall be subject to the building and site plan review standards of this section:

(1)

All conditional uses listed in Table 58-1.

(2)

Any increase in gross floor area through expansion of an existing building or modification of 50 percent or more to the floor plan of an existing multi-tenant building.

(3)

Construction of a new building.

(4)

Any construction of new impervious parking surface area or an increase in impervious parking surface area.

(5)

Any facade modification.

(6)

Any change of use to a single-tenant building if the TC building and site plan review has not occurred at the site in five years from the date of the application for the change in use.

(7)

Minor requests shall be approved by the department of community development upon finding that the request is consistent with section 58-301(a). Minor requests include, but shall not be limited to: ordinary maintenance and operation of an existing use; a change in signage, window or door style, building color, siding, roofing, lighting or landscaping; the addition of ten parking stalls or less; the addition of an accessory structure including architectural screening or fencing; or the addition of an outdoor feature that is pedestrian-oriented.

Any established use of a structure or land that is designated legal nonconforming prior to July 10, 2007, or the enactment of this district, shall continue to be classified as legal nonconforming subsequent to the effective date of the ordinance from which this chapter derived and may be continued in conformance with section 58-63.

All structures classified as legal conforming and legal nonconforming prior to July 10, 2007, or the enactment of this district, shall be classified and considered legal conforming subsequent to the change. Any established structure that is damaged or destroyed may be rebuilt at its previous size and location unless located in the city's ultimate road right-of-way or within a documented easement area. Such damaged or destroyed structures that are located within the city's ultimate road right-of-way or within a documented easement area shall be rebuilt in accordance with a planning commission approved location.

(d)

Relationship to other ordinances, plans and guidelines. All development is required to comply with the Town Center Plan and Design Guidelines and all other provisions of the city's code of ordinances. In the event that code requirements contradict one another, the more restrictive requirement will apply.

(e)

Prohibited uses. Any use not listed as either permitted or conditional in the district shall be prohibited.

(f)

Permitted and conditional uses. Table 58-301-1, Uses in the Town Center District, lists all the permitted and conditional uses.

Table 58-301-1 Uses in the Town Center District
Use	Town Center	Specific Development Standards
Office and Clinic:
Office	P
Medical clinics	P
Financial institutions	P	✓
Institutional and Public Uses:
Public libraries	P
Public parks	P
Public administrative offices and service buildings	P
Performing arts school and studios of 2,000 square feet or less	P
Public and private schools of 2,000 square feet or less	P
Private lodges and clubs	C
Community center	C
Public parking facilities, nonaccessory	C	✓
Residential Uses:
Home occupations	P
Artist's live/work units	P	✓
Multiple-family dwellings, eight units or less, if part of a mixed-use development	P	✓
Multiple-family dwellings, nine units to 16, if part of a mixed-use development* ¹	C	✓
Bed and breakfast	C	✓
Planned residential development	PUD	✓
Retail and Services:
Stationary stores	P
Antiques, collectibles, gift or florist stores	P	✓
Toy, hobby or game store	P
Graphic design	P
Interior design services	P
Paint/wallpaper store	P
Event planning serviced with facilities	P	✓
Luggage and leather goods store	P
Art supply, artistic studios or galleries	P
Camera and photography supply store	P
Music and musical instrument store	P
Optical/vision center	P
Dry cleaning and tailors	P
Apparel and accessories/repair	P
Photocopying, film development, printing and publishing, packaging store of 4,000 square feet gross floor area or less	P
Video stores of 4,000 square feet gross floor area or less	P
Bookstores and newsstands of 2,000 square feet gross floor area or less	P
Home furnishings/accessories 4,000 square feet or less	P
Bicycle repair and sales	P
Computer and software store	P
Electronic goods store	P
Child daycare facilities and preschools	C	✓
Planned commercial development	PUD	✓
Salon and spas	P
Sports and fitness centers of 3,000 square feet or less	P
Farmers market	P	✓
Confectionary (chocolate, ice cream, candy) 2,000 square feet or less	P
Specialty food stores	P
Tobacco, cigar or nicotine product/e-cigarette shop 2,000 square feet or less	P
Beer, wine or liquor store	P
Convenience store w/o gas	C
Grocery store	C
Car wash facility	C	✓
Animal hospitals and veterinary clinics	P	✓
Banquet or reception hall 8,000 square feet or less	C
Food and Beverage:
Catering services	P
Bakeries, retail	P
Coffeeshop of 2,000 square feet gross floor area or less	P	✓
Delicatessen of 2,000 square feet gross floor area or less	P	✓
Fast-food restaurant	P	✓
Sit-down restaurants, if part of a mixed-use development	P	✓
Nightclubs	C
Town center breweries, micro-distilleries, micro-wineries; limited to a total of 4,000 square feet or less of gross floor area devoted to production	C	✓

P = Permitted uses.
C = Conditional uses.
PUD = Planned Unit Development.
* ¹ = excluding density bonuses per section 58-301(i)(2).

_____

(g)

Specific development and design standards. Permitted and conditional uses, building materials, roof forms and materials and signs specified with a "✓" under the specific development and design standards columns shall be subject to the specific standards in section 58-303 and the TC Design Guidelines.

(h)

Lot dimension requirements.

(1)

All uses. The minimum lot area for all uses, except single-family and two-family dwellings, shall be 21,780 square feet, and the minimum street frontage shall be 100 feet.

(2)

Planned unit developments. A planned unit development (PUD) shall contain a minimum contiguous area of one acre. Any land proposed for a PUD shall be platted or replatted into one or more lots suitable for the PUD.

(3)

Maximum number of dwelling units. The maximum number of dwelling units allowed per development is 16 units, except as approved through a PUD.

(i)

Density bonuses.

(1)

Transfer of development rights (TDR) overlay. The maximum number of dwelling units may be increased through application of section 58-332 TDR overly district. The development credit ratio of up to 1:2 may be allowed for multi-family dwellings.

(2)

Building and site amenities. The maximum number of dwelling units may be increased by ten percent for each of the following amenities provided in the building or on-site (subject to all other standards being met):

Historic renovation of a landmark building.

All required parking is provided within the building or entirely below-grade.

Shared parking.

Installation of "green roof" or roof-top patio.

(j)

General district regulations.

(1)

Minimum and maximum gross floor area. All dwelling units shall have a minimum gross floor area of 1,000 square feet and shall have a minimum width of 20 feet. All commercial uses, including shopping centers, shall have a minimum gross floor area of 1,200 square feet per use and maximum gross floor area of 10,000 square feet per use, except as approved by the planning commission. All buildings shall be limited to a maximum gross floor area of 25,000 square feet, except as approved through a PUD.

(2)

Floor area ratio. The maximum floor area ratio of all structures located on a parcel or in a development, expressed as a percentage, shall be 100 percent. A conditional use grant permit for increasing height may be necessary in order to attain the maximum floor area ratio.

(3)

Mixed-use building. Secured access is required for the residential uses when part of a mixed-use building. A minimum of 75 percent of the ground floor of a mixed-use building shall be commercial uses. A mixed-use building is not subject to section 58-303, specific development standards, multiple-family dwellings, up to 16 units, for the following design standards: b., e., f., g.

(k)

Building and parking placement.

(1)

Front yard. The placement of buildings shall reinforce the street wall, maximize natural surveillance and visibility and facilitate pedestrian access and circulation. Parking between the building and the street shall be prohibited. The first floor of buildings shall be located not more than ten feet from the front lot line, except for single-family and two-family dwellings. In the case of a corner lot, the building wall abutting each street shall be located not more than ten feet from each lot line. At least 70 percent of the street frontage shall be occupied with a first-floor building facade at the maximum setback line. The topographic elevation of the interior flooring surface at a building's main entrance and of the floor on which such building's main entrance(s) are located shall not be more than three feet above the average primary public or public street elevation adjacent to such building. The area between the building and the lot line shall include amenities such as but not limited to landscaping, planters, bicycle racks, tables and seating, plazas and patios. Each principal use shall have at least one entrance clearly defined with architectural features facing the public street.

(2)

Side and rear yards. The side and rear yard-shall be not less than ten feet from the lot line, except for single-family and two-family dwellings. Where a commercial use side or rear yard abuts residential zoning, the yard shall be increased to 20 feet. Where side yards are greater than ten feet, the yard shall be landscaped with a mix of trees, shrubs and ground cover, an architectural feature or a combination of landscaping and an architectural feature. The selected feature shall reinforce the street wall.

(3)

Permitted projections. Permitted projections in the required yards, including awnings, canopies, projecting signs, air-conditioning units and systems, balconies, decks, porches, ground level patios, bay windows, chimneys, dumpsters and enclosures, fences, architectural walls, flagpoles, handicap entrance landings and ramps, lighting fixtures, stairs, utility meters, protective entrance vestibules and walkways, are allowed subject to planning commission approval.

(l)

Building composition.

(1)

General design. All buildings shall be designed with four-sided detail, have a distinct base, middle and top and contain features and proportions that are scaled to pedestrians. The base of the building shall be articulated with a horizontal expression line creating a distinct ground level zone of the building. The middle, or mid-section, of the building shall be articulated by surface variations of depth through windows and architectural elements and form an expression line which sets up the building's top. The top portion of the building shall include architectural features of form that provide distinction. In addition to the required windows and principle entrance, the front façade shall include architectural features which emphasize it as the front façade. First floor façades shall maintain open, transparent storefronts and windows subject to technical standards established by the department of community development.

(2)

Floor plan. The principal operations of any use shall be located in a manner that promotes street level activity and interest and shall serve as the principal features within view from the public to reinforce maximum visibility into and out of the building and tenant space.

Service areas are functions that are permitted only as ancillary operations to the principal use. Service areas shall be limited in scale and location within the building and tenant space, Service areas, including, but not limited to, bathrooms, mechanical and storage rooms, closets, staircases, elevators, hallways, private office space and production areas shall be located to the interior of the floor plan as defined by staff. The service area functions do not qualify to activate and engage the public.

(3)

Window area. Required window areas have the following purpose:

Contribute to the overall building composition.

Enhance curb appeal and neighborhood value.

Promote natural surveillance.

Reduce energy consumption through the use of passive solar design.

Display business products and services.

Required window areas shall remain transparent with windows that allow two-way views into first floor occupant spaces, working areas, lobbies or pedestrian entrances, as applicable, except for the following permitted window area obstructions.

Window area obstructions. The following are permitted window area obstructions:

Permitted window signage. Window signage is a permitted window area obstruction and shall comply with the following design standards:

•

Window signage shall be limited to 33 percent of each individual window area in the occupant's space.

•

Window signage shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

The front of the signage shall face the adjacent walkway.

•

Window signage shall be consistent with and relate to the products, services and brand elements of the occupant's use.

ii.

Window shelving. Window shelving located within four feet from the surface of the window is a permitted window area obstruction and shall comply with the following design standards:

•

Window shelving units shall be limited to 33 percent of the use's aggregate window area as defined in section 58-301(l)(2).

•

Window shelving units and product display shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

Window shelving units shall be set back eight inches from the surface of the window.

•

The front of the shelving units and products displayed on shelving shall face the adjacent walkway.

iii.

Enclosed window displays. Enclosed window displays have a full background and sides that completely separate the interior of the store from the display window. Enclosed window displays are permitted window area obstructions and shall comply with the following design standards:

•

Enclosed window displays shall be limited to 33 percent of the use's aggregate window area as defined in section 58-301(l)(2).

•

Only one window pane per use shall be permitted as an enclosed window display.

•

Enclosed window displays shall be internally lit during evening business operating hours. Lighting is subject to the approval of the department of community development.

•

Enclosed window displays shall have a minimum depth of three feet.

•

Enclosed window displays shall be designed to relate to the scale of the window area and be consistent with and relate to the products, services and the brand elements of the associated occupant's use.

•

Displays shall change:

•

At a minimum, seasonally, unless approved by the department of community development.

•

When products or display elements begin to fade or deteriorate in appearance.

•

Enclosed window displays shall be maintained in a clean, clutter free manner.

•

All mechanical equipment shall be disguised from public view.

Prohibited window area obstructions. The following window area obstructions and obstructions similar to the following as determined by the planning commission, are prohibited:

•

Protective grilles.

•

Window bars.

•

Metal or similar material roll down screens or gates reflective, dark tinted or frosted glass.

•

Materials not otherwise permitted in this section that block visibility through windows into first floor occupant spaces along streets, walkways, plazas or parking areas.

•

Backs of signs or backs of shelving units.

Exceptions to window area obstructions. The planning commission may approve window area obstructions of types and amounts not specified in section 58-301(1)(2)a. for first floor windows for the following uses upon finding that strict compliance is impractical under the circumstances and the proposal includes amenities that address the adverse effects, if any, of the exception:

•

Medical and institutional uses.

•

Specialty food retailers.

•

Theatres.

•

Parking garages.

•

Others as approved by planning commission.

(4)

Primary and secondary materials. Table 58-301-2, Building Materials in the Town Center District, lists all permitted and not allowed primary and secondary building materials. Primary material shall be applied to at least 80 percent of the opaque portion of the facade which is visible from a public space. Secondary material shall be applied to not more than 20 percent of the opaque portion of the facade which is visible from a public space.

Table 58-301-2 Building Materials in the Town Center District
Materials	Town Center	Specific Design Standards
Primary:
Common size brick	P
Special size brick	P	✓
Limestone	P
Fieldstone	P
Lannonstone	P
Pre-cast stone	P	✓
Pre-cast concrete	N
Secondary:
Pre-cast stone	P	✓
Pre-cast concrete	N
Terra cotta	P	✓
Stucco	P	✓
Wood siding	P	✓
Ornamental metals	P	✓
Decorative concrete block	P	✓
Plain or glazed concrete block	N

P = Permitted.
N = Not permitted.

_____

(5)

Awnings and canopies. Awning and canopies are encouraged in order to provide protection for pedestrians and shall be placed to emphasize individual uses and entrances. Back-lighted, plastic, vinyl or similar material awnings and canopies shall be prohibited.

(m)

Building height and roofing.

(1)

Height. The maximum building height shall be two and one half stories but shall be no more than 42 feet in height.

(2)

Roof forms and materials. Table 58-301-3, Roof Forms and Materials in the Town Center District, lists all of the roof forms and materials permitted and not allowed.

Table 58-301-3 Roof Forms & Materials in the Town Center District
	Town Center	Specific Design Standards
Roof Forms:
Gabled	P	✓
Hip	P	✓
Flat	P	✓
Combined	P	✓
Gambrel	N
Mansard	N
Roof Materials:
Clay tiles	P
Wood shingles	P
Slate	P
Asphalt shingles	P
Metal tiles	P
Copper-coated	P
Terre metal	P
Painted metal	P	✓
Cement tiles	P	✓
PVC	N
Rubber	N
Tar	N
Bitumen	N

P = Permitted.
N = Not permitted.

_____

(3)

Exceptions. The height limitations of the principal structures, except single-family and two-family dwellings, located in the district may be increased to a maximum of three and one-half stories subject to a conditional use grant. In addition to the conditional use grant standards, the planning commission shall consider, but not be limited to, the following factors when determining height:

Access to light and air of surrounding properties.

Shadowing of residential properties or significant public spaces.

The scale and character of the surrounding uses.

Preservation of significant open spaces, water bodies or landmark buildings.

(n)

Building and site plan review requirements.

(1)

Pedestrian access. Walkways shall connect building entrances to adjacent public sidewalks or trails and to any parking facility located on the same site. Walkways shall be a minimum of four feet in width.

(2)

Vehicular access. Vehicular access and circulation shall be designed to minimize conflicts with pedestrian traffic and surrounding residential uses. Curb cuts shall be consolidated wherever possible.

(3)

Parking. Onsite parking facilities shall be located to the rear or interior side of the site, within the principal building served or entirely below grade. No driveway width shall exceed 20 feet. Shared parking, driveways and loading is encouraged. Specific parking requirements are listed in section 58-441.

(4)

Shared parking calculations. The planning commission may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of peak operation do not overlap. Table 58-301-4, Shared Parking Calculations, lists the land use classification and the peak and low operating hours to calculate shared parking.

Table 58-301-4 Standard Parking Calculation in the Town Center District
Land Use Classification	Weekday			Weekend
Land Use Classification	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.
Office	5%	100%	5%	0%	15%	0%
Retail and services	0%	100%	80%	0%	100%	60%
Restaurant	20%	70%	100%	30%	75%	100%
Residential	100%	60%	100%	100%	75%	90%
Religious institution	0%	25%	50%	0%	100%	50%

The following procedure is required to calculate the minimum number of shared parking spaces:

Multiply the minimum parking required for each use by the appropriate percentage indicated in Table 58-301-2, Shared Parking Calculation in the Town Center District, for each of the six designated time periods.

Add the resulting sums for each of the six columns.

The minimum parking requirement shall be the highest sum among the six columns resulting from the above calculation.

Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

(5)

General landscaping. In general the composition and location of the landscaped areas shall complement the scale of the development and its surroundings. Large, contiguous planting areas shall be provided. Not less than 30 percent of the site not occupied by buildings shall be landscaped in accordance with section 58-564 or alternative hardscape amenities, including but not limited to plazas, seating, dining tables or bicycle racks, as approved by the planning commission. The planning commission may authorize a contribution, of equal or greater value, of off-site open space within the Town Center boundaries in lieu of the required 30 percent landscaping.

(6)

Landscape yards for non-residential uses. Required yards for side and rear setback areas for any non-residential use shall be landscaped with a mix of trees and shrubs and shall include a ground cover of grasses, flowering plants and vines or an alternative feature as approved by the planning commission.

(7)

Hours of operation. Maximum hours of operation for commercial uses shall be as follows unless specifically waived by the planning commission:

Sunday through Thursday, from 6:30 a.m. to 10:00 p.m.

Friday and Saturday, from 6:30 a.m. to 11:00 p.m.

(8)

Enclosed building requirement. All production, processing and storage shall be conducted within a completely enclosed building. All mechanical equipment, located at ground level or on the roof, shall be screened from public view.

(9)

Public improvements. Any change to a building or site plan shall require the installation of public improvements in accordance with the Town Center Design Criteria as determined by the department of community development. Improvements may include street lighting, on street parking, street trees and landscaping, bike racks, benches, and trash receptacles.

(o)

Signage. Table 58-301-5, Signage in the Town Center District, lists all of the permitted and not allowed signage in the Town Center district.

Table 58-301-5 Signage in the Town Center District
Sign Type	Town Center	Specific Design Standards
Awning	P
Decal on glass	P
Hanging sign	P
Raised or painted letters	P
Monument	P
Sandblasted or etched glass	P
Wall-mounted bronze plaques or tablets	P
Backlit	N
Flashing, scrolling or moving	N
Window sign	P	✓
Projecting sign	P	✓
Channel letters	P

P = Permitted.
N = Not permitted.

_____

Dimensional specifications for signs shall be as required by Chapter 16, City of Mequon Sign Code.

(p)

Exceptions to the building and site plan review requirements. The planning commission may approve exceptions to the district requirements upon finding that the use or development includes site amenities that address any adverse effects of the exception and where the planning commission finds that strict compliance to the requirements is impractical because of site conditions or location. Planning commission approval of an exception shall require common council confirmation upon written request from two aldermen or one alderman and the mayor. Such request shall be made within 14 days of the corresponding planning commission approval of the exception. The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the spirit and intent of this district remains at all times on the applicant.

(Ord. No. 2007-1204, § I, 5-8-2007; Ord. No. 2007-1233, § 1, 12-11-2007; Ord. No. 2008-1265, § VI, 1-13-2009; Ord. No. 2010-1324, § I, 8-10-2010; Ord. No. 2011-1370, § I, 12-13-2011; Ord. No. 2015-1451, § I(Att.), 6-9-2015; Ord. No. 2016-1479, § I, 11-9-2016; Ord. No. 2017-1496, § I, 9-12-2017; Ord. No. 2017-1503, § I(Exh. A), 1-9-2018; Ord. No. 2021-1587, § I, 5-11-2021; Ord. No. 2021-1591, § I(Exh. B), 6-8-2021; Ord. No. 2021-1609, § I(Exh. A), 12-14-2021; Ord. No. 2022-1626, § I(Exh. A), 8-10-2022; Ord. No. 2022-1633, § I(Exh. A), 1-10-2023; Ord. No. 2023-1640, § I(Exh. A), 4-11-2023; Ord. No. 2024-1661, § I(Exh. A), 5-14-2024; Ord. No. 2024-1664, §§ I, II, 8-14-2024)

Sec. 58-302. - AC arrival corridor district.

(a)

Purpose. The Arrival Corridor (AC) district is established to create and enhance the mixed-use character of the Arrival Corridor, to create physical connectivity to the Mequon - Thiensville Town Center, to establish and promote pedestrian character, to protect the natural environment, to mitigate the impacts of vehicular traffic, to establish and maintain mixed-uses that are larger in scale than allowed in the Town Center District, including a broad range of housing types at densities that support the Town Center, and to encourage high-quality design standards throughout the Town Center.

(b)

Established boundaries. All land located within the established boundaries of the AC district shall be subject to the requirements of this section. The boundaries of the AC district shall be the following areas as shown on the official zoning map: the area in and around the Mequon Road and Buntrock Avenue intersection, the south side of Mequon Road from Buntrock Avenue to the Wauwatosa and Mequon Road intersection.

(c)

Building and site plan review required. The planning commission shall review and take action on development within the AC district. All applicants are required to meet with city staff for a pre-application meeting. The following shall be subject to the building and site plan review standards of this section:

(1)

All conditional uses listed in Table 58-6.

(2)

Any increase in gross floor area through expansion of an existing building or modification of 50 percent or more to the floor plan of an existing multi-tenant building.

(3)

Construction of a new building.

(4)

Any construction of new impervious parking surface area or an increase in impervious parking surface area.

(5)

Any facade modification.

(6)

Any change of use to a single-tenant building if the TC building and site plan review has not occurred at the site in five years from the date of the application for the change in use.

(7)

Minor requests shall be approved by the department of community development upon finding that the request is consistent with section 58-302(a). Minor requests include, but shall not be limited to: ordinary maintenance and operation of an existing use; a change in signage, window or door style, building color, siding, roofing, lighting or landscaping; the addition of ten parking stalls or less; the addition of an accessory structure including architectural screening or fencing; or the addition of an outdoor feature that is pedestrian-oriented.

Any established use of a structure or land that is designated legal non-conforming prior to July 10, 2007, or the enactment of this district, shall continue to be classified as legal non-conforming subsequent to the effective date of the ordinance from which this chapter derived and may be continued in conformance with section 58-63.

All structures classified as legal conforming and legal non-conforming prior to July 10, 2007, or the enactment of this district, shall be classified and considered legal conforming subsequent to the change. Any established structure that is damaged or destroyed may be rebuilt at its previous size and location unless located in the city's ultimate road right-of-way or within a documented easement area. Such damaged or destroyed structures that are located within the city's ultimate road right-of-way or within a documented easement area shall be rebuilt in accordance with a planning commission approved location.

(d)

(e)

Prohibited uses. Any use not listed as either permitted or conditional in the district shall be prohibited.

(f)

Permitted and conditional uses. Table 58-302-1, Uses in the Arrival Corridor District, lists all the permitted and conditional uses.

Table 58-302-1 Uses in the Arrival Corridor District
Use	Arrival Corridor	Specific Development Standards
Office & Clinic:
Office	P
Medical clinics	P
Financial institutions	P	✓
Institutional & Public Uses:
Public parks	P
Public administrative offices and service buildings	P
Religious institutions	P
Public or private schools	C
Private lodges and clubs	C
Performing arts school and studios
Public parking facilities, non-accessory	C	✓
Residential Uses:
Home occupations	P
Artist's live/work units	P	✓
Bed and breakfast	C	✓
Multiple-family dwellings, eight units per one acre	P	✓
Multiple-family dwellings, nine units to 16* ¹	PUD	✓
Planned residential development	PUD	✓
Retail & Services:
Stationary stores	P
Antiques, collectibles, gift or florists	P	✓
Toy, hobby or game store	P
Luggage and leather goods store	P
Art supply, artistic studios or galleries	P
Camera and photography supply store	P
Music and musical instrument store	P
Apparel and accessories/repair	P
Video stores	P
Bookstores and newsstands	P
Home furnishings and accessories 4,000 sq. ft. or less	P
Bicycle repair and sales	P
Computer and software store	P
Electronic goods store	P
Furniture store	C
Hardware store	C
Garden store	C
Drug store/pharmacy	C	✓
Planned commercial development	PUD	✓
Interior design services	P
Graphic design	P
Paint/wallpaper stores	P
Optical/vision center	P
Dry cleaning and tailors	P
Child daycare facilities and preschools	P	✓
Animal hospitals and veterinary clinics	P	✓
Pet supply stores, pet grooming facilities and pet daycares	C	✓
Photocopying, film development, printing and publishing, packaging store	P
Salon and spa	P
Fitness center	C
Indoor recreation and amusement facilities	C
Theatres, live performances only	C
Farmers market	P	✓
Confectionary (chocolate, ice cream, candy) 2,000 sq. ft.	P
Specialty food stores	P
Tobacco, cigar or nicotine product/e-cigarette shop 2,000 square feet or less	P
Beer, wine or liquor store	P
Grocery store	C
Convenience store w/o gas	C
Gas stations	C	✓
Gas stations with car wash	C	✓
Food & Beverage:
Catering services	P
Bakeries, retail	P
Coffee shop	P	✓
Delicatessen	P	✓
Fast food restaurant, if part of a mixed-use building	P	✓
Sit-down restaurants	P	✓
Nightclubs	C	✓

P = Permitted uses.
C = Conditional uses.
* ¹ = excluding density bonuses per section 58-302(i)(2).

_____

(g)

(h)

Lot dimension requirements.

(1)

All uses. The minimum lot area for all uses, except single-family and two-family dwellings, shall be one acre or 43,560 square feet, and the minimum street frontage shall be 100 feet.

(2)

(3)

Maximum number of dwelling units. The maximum number of dwelling units allowed per development is 16 units, except as approved through a PUD. A mixed-use building is not subject to section 58-303, specific development standards, multiple-family dwellings, up to 16 units, for the following design standards: b., e., f., g.

(i)

Density bonuses.

(1)

Transfer of development rights (TDR) overlay. The maximum number of dwelling units may be increased through application of section 58-332 TDR overlay district. The development credit ratio of up to 1:2 may be allowed for multi-family dwellings.

(2)

Historic renovation of a landmark building.

All required parking is provided within the building, entirely below-grade.

Shared parking.

Installation of "green roof" or roof-top patio.

(j)

General district regulations.

(1)

Minimum and maximum gross floor area. All dwelling units shall have a minimum gross floor area of 1,000 square feet and shall have a minimum width of 20 feet. All commercial uses, including shopping centers, shall have a minimum gross floor area of 1,200 square feet per use and a maximum gross floor area of 25,000 square feet per use, except as approved by the planning commission. All buildings shall be limited to a maximum gross floor area of 25,000 square feet, except as approved through a PUD.

(2)

Floor area ratio. The maximum floor area ratio of all structures located on a parcel or in a development, expressed as a percentage, shall be 50 percent. A conditional use grant permit for increasing height may be necessary in order to attain the maximum floor area ratio.

(3)

Mixed-use building. Secured access is required for residential uses when part of a mixed-use building. A minimum of 75 percent of the ground floor of a mixed-use building shall be commercial use. A mixed-use building is not subject to section 58-303, specific development standards, multiple-family dwellings, up to 16 units, for the following design standards: b., e., f., g.

(k)

Building and parking placement.

(l)

(2)

Side and rear yards. The side and rear yard shall be not less than ten feet from the lot line, except for single-family and two-family dwellings. Where a commercial use side or rear yard abuts residential zoning, the yard shall be increased to 20 feet. Where side yards are greater than ten feet, the yard shall be landscaped with a mix of trees, shrubs and ground cover, an architectural feature or a combination of landscaping and an architectural feature. The selected feature shall reinforce the street wall.

(3)

(l)

Building composition.

(1)

General design. All buildings shall be designed with four-sided detail, have a distinct base, middle and top and contain features and proportions that are scaled to pedestrians. The base of the building shall be articulated with a horizontal expression line creating a distinct ground level zone of the building. The middle, or mid-section, of the building shall be articulated by surface variations of depth through windows and architectural elements and form an expression line which sets up the building's top. The top portion of the building shall include architectural features of form that provide distinction. In addition to the required windows and principle entrance, the front facade shall include architectural features which emphasize it as the front facade. First floor facades shall maintain open, transparent storefronts and windows subject to technical standards established by the department of community development.

(2)

Service areas are functions that are permitted only as ancillary operations to the principal use. Service areas shall be limited in scale and location within the building and tenant space. Service areas, including, but not limited to, bathrooms, mechanical and storage rooms, closets, staircases, elevators, hallways, private office space and production areas shall be located to the interior of the floor plan as defined by staff. The service area functions do not qualify to activate and engage the public.

(3)

Window area. Required window areas have the following purpose:

Contribute to the overall building composition.

Enhance curb appeal and neighborhood value.

Promote natural surveillance.

Reduce energy consumption through the use of passive solar design.

Display business products and services.

Window area obstructions. The following are permitted window area obstructions:

Permitted window signage. Window signage is a permitted window area obstruction and shall comply with the following design standards:

•

Window signage shall be limited to 33 percent of each individual window area in the occupant's space.

•

Window signage shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

The front of the signage shall face the adjacent walkway.

•

Window signage shall be consistent with and relate to the products, services and brand elements of the occupant's use.

ii.

Window shelving. Window shelving located within four feet from the surface of the window is a permitted window area obstruction and shall comply with the following design standards:

•

Window shelving units shall be limited to 33 percent of the use's aggregate window area as defined in section 58-302(l)(2).

•

Window shelving units and product display shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

Window shelving units shall be set back eight inches from the surface of the window.

•

The front of the shelving units and products displayed on shelving shall face the adjacent walkway.

iii.

•

Enclosed window displays shall be limited to 33 percent of the use's aggregate window area as defined in section 58-302(l)(2).

•

Only one window pane per use shall be permitted as an enclosed window display.

•

Enclosed window displays shall be internally lit during evening business operating hours. Lighting is subject to the approval of the department of community development.

•

Enclosed window displays shall have a minimum depth of three feet.

•

Displays shall change:

•

At a minimum, seasonally, unless approved by the department of community development.

•

When products or display elements begin to fade or deteriorate in appearance.

•

Enclosed window displays shall be maintained in a clean, clutter free manner.

•

All mechanical equipment shall be disguised from public view.

Prohibited window area obstructions. The following window area obstructions and obstructions similar to the following as determined by the planning commission, are prohibited:

•

Protective grilles.

•

Window bars.

•

Metal or similar material roll down screens or gates Reflective, dark tinted or frosted glass.

•

Materials not otherwise permitted in this section that block visibility through windows into first floor occupant spaces along streets, walkways, plazas or parking areas.

•

Backs of signs or backs of shelving units.

Exceptions to window area obstructions. The planning commission may approve window area obstructions of types and amounts not specified in section 58-302(1)(2)a. for first floor windows for the following uses upon finding that strict compliance is impractical under the circumstances and the proposal includes amenities that address the adverse effects, if any, of the exception:

•

Medical and institutional uses.

•

Specialty food retailers.

•

Theatres.

•

Parking garages.

•

Others as approved by planning commission.

(4)

Primary and secondary materials. Table 58-302-2, Building Materials in the Arrival Corridor District, lists all the permitted and not allowed primary and secondary building materials. Primary material shall be applied to at least 80 percent of the opaque portion of the facade which is visible from a public space. Secondary material shall be applied to not more than 20 percent of the opaque portion of the facade which is visible from a public space.

Table 58-302-2 Building Materials in the Arrival Corridor District
Materials	Arrival Corridor	Specific Design Standards
Primary:
Common size brick	P
Special size brick	P	✓
Limestone	P
Fieldstone	P
Lannonstone	P
Pre-cast stone	P	✓
Pre-cast concrete	N
Secondary:
Pre-cast stone	P	✓
Pre-cast concrete	N
Terra cotta	P	✓
Stucco	P	✓
Wood siding	P	✓
Ornamental metals	P	✓
Decorative concrete block	P	✓
Plain or glazed concrete block	N

P = Permitted.
N = Not permitted.

(5)

(m)

Building height and roofing.

(1)

Height. The maximum building height shall be two and one half stories but shall be no more than 42 feet in height.

(2)

Roof forms and materials. Table 58-302-3, Roof Forms and Materials in the Arrival Corridor District, lists all of the roof forms and materials permitted and not allowed.

Table 58-302-3 Roof Forms & Materials in the Arrival Corridor District
	Arrival Corridor	Specific Design Standards
Roof Forms:
Gabled	P	✓
Hip	P	✓
Flat	P	✓
Combined	P	✓
Gambrel	N
Mansard	N
Roof Materials:
Clay tiles	P
Wood shingles	P
Slate	P
Asphalt shingles	P
Metal tiles	P
Copper-coated	P
Terre metal	P
Painted metal	P	✓
Cement tiles	P	✓
PVC	N
Rubber	N
Tar	N
Bitumen	N

P = Permitted.
N = Not permitted.

_____

(3)

Exceptions. The height limitations of the principal structures, except single-family and two-family dwellings, located in the district may be increased to a maximum of three and one-half stories subject to a conditional use grant. In addition to the conditional use grant standards, the planning commission shall consider, but not limited to, the following factors when determining height:

Access to light and air of surrounding properties.

Shadowing of residential properties or significant public spaces.

The scale and character of the surrounding uses.

Preservation of significant open spaces, water bodies or landmark buildings.

(n)

Building and site plan review requirements.

(1)

(2)

Vehicular access. Vehicular access and circulation shall be designed to minimize conflicts with pedestrian traffic and surrounding residential uses. Curb cuts shall be consolidated wherever possible.

(3)

(4)

Shared parking calculations. The planning commission may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of peak operation do not overlap. Table 58-302-4, Shared Parking Calculations, lists the land use classification and the peak and low operating hours to calculate shared parking.

Table 58-302-4 Standard Parking Calculation in the Arrival Corridor District
Land Use Classification	Weekday			Weekend
Land Use Classification	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.
Office	5%	100%	5%	0%	15%	0%
Retail and services	0%	100%	80%	0%	100%	60%
Restaurant	20%	70%	100%	30%	75%	100%
Residential	100%	60%	100%	100%	75%	90%
Religious institution	0%	25%	50%	0%	100%	50%

The following procedure is required to calculate the minimum number of shared parking spaces:

Multiply the minimum parking required for each use by the appropriate percentage indicated in Table 58-302-2, Shared Parking Calculation in the Town Center District, for each of the six designated time periods.

Add the resulting sums for each of the six columns.

The minimum parking requirement shall be the highest sum among the six columns resulting from the above calculation.

Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

(5)

General landscaping. In general, the composition and location of the landscaped areas shall complement the scale of the development and its surroundings. Large, contiguous planting areas shall be provided. Not less than 40 percent of the site not occupied by buildings shall be landscaped in accordance with section 58-564 or alternative hardscape amenities, including but not limited to plazas, seating, dining tables or bicycle racks, as approved by the planning commission. The planning commission may authorize a contribution, of equal or greater value, of off-site open space within the Town Center boundaries in lieu of the required 30 percent landscaping.

(6)

Landscape yards for non-residential uses. Required yards for side and rear offset areas for any non-residential uses shall be landscaped with a mix of trees and shrubs and shall include a ground cover of grasses, flowering plants and vines or an alternative feature approved by the planning commission.

(7)

Hours of operation. Maximum hours of operation for commercial uses shall be as follows unless specifically waived by the planning commission:

Sunday through Thursday, from 6:30 a.m. to 10:00 p.m.

Friday and Saturday, from 6:30 a.m. to 11:00 p.m.

(8)

(9)

(o)

Signage. Table 58-302-5, Signage in the Arrival Corridor District, lists all of the permitted and not allowed signage.

Table 58-302-5 Signage in the Arrival Corridor District
Sign Type	Arrival Corridor	Specific Design Standards
Awning	P
Decal on glass	P
Hanging sign	P
Raised or painted letters	P
Monument	P
Sandblasted or etched glass	P
Wall-mounted bronze plaques or tablets	P
Backlit	N
Flashing, scrolling or moving	N
Window sign	P	✓
Projecting sign	P	✓
Channel letters	P

P = Permitted.
N = Not permitted.

_____

Dimensional specifications for signs shall be as required by Chapter 16, City of Mequon Sign Code.

(p)

(Ord. No. 2007-1204, § II, 5-8-2007; Ord. No. 2008-1238, § II, 4-8-2008; Ord. No. 2008-1265, § VII, 1-13-2009; Ord. No. 2015-1451, § I(Att.), 6-9-2015; Ord. No. 2016-1479, § I, 11-9-2016; Ord. No. 2017-1503, § I(Exh. A), 1-9-2018; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2021-1591, § I(Exh. B), 6-8-2021; Ord. No. 2023-1640, § I(Exh. A), 4-11-2023; Ord. No. 2024-1661, § I(Exh. A), 5-14-2024; Ord. No. 2024-1664, § III, 8-14-2024)

Sec. 58-303. - Specific development and design standards.

(a)

Purpose. Specific development and design standards are established to provide supplemental regulations to address unique characteristics of certain land uses.

(b)

Standards. The uses listed below are subject to the following specific development standards, in addition to all other applicable regulations:

Animal hospitals and veterinary clinics. The specific requirements are set forth in division 11.

Antiques, collectibles and florists. An antique and/or collectibles store shall be an establishment where all or a substantial part of the value of the objects is derived from its age, uniqueness or historical association.

Artist live/work units. An artist live/work unit may include the design and fabrication of jewelry, pottery and visual arts. Metalworking shall be prohibited. Artist live/work units shall be located above the ground floor.

Bed and breakfast establishments. A bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent, is the owner's personal residence and is occupied by the owner at the time of rental.

Car wash facility. Car wash facilities shall only be allowed as an accessory use to an existing gas station and shall be limited to one drive bay.

Cement tile roof. Cement roof tiles shall be in natural colors.

Child daycare facilities. A child daycare facility shall provide a designated area for the short term parking of vehicles loading and unloading children. The designated area shall be located where it provides the greatest safety. Playground equipment shall be prohibited in the front yard.

Coffee shop. A coffee shop is an establishment engaged in the sale of coffee and other nonalcoholic beverages for consumption on the premises or for carry-out, which also may include the sale of a limited number of food items. Drive-thru services shall be prohibited in the town center and arrival corridor districts. Any drive-through services approved in the neighborhood commercial district shall comply with the following:

Incorporate masonry or compatible building materials into a drive-through canopy or facility.

The coffee shop shall be considered the principal structure and located at the street edge and the drive-through service area and associated canopy shall be considered accessory and located to the rear.

The building, including the drive-through service canopy, shall incorporate the use of awnings, varied roof forms, roof lines and other elements to provide scale.

The accessory structures, such as service or menu boards, signs, speakers shall be designed to complement the principal structure through the building materials and colors and other features.

All speaker systems shall be operated at a low volume (maximum of 65 decibels) to not cause a nuisance for adjacent residential uses.

Confectionary. A confectionary is an establishment in which retail goods including chocolate, ice cream and frozen beverages and candy is sold, not produced.

Decorative concrete block. Decorative concrete block shall be allowed only when used in nonvisible areas or as a secondary building material or accent. The use of standard, plain, gray block or glazed block is prohibited.

Delicatessen. A delicatessen is an establishment which sells ready-to-eat foods, in bulk or individual servings, primary for the consumption off the premises and is not a fast food restaurant. Drive-thru services shall be prohibited in the town center and arrival corridor districts.

Drug store/pharmacy. Drive-thru services shall be prohibited in the town center and arrival corridor districts. Any drive-through services approved in the neighborhood commercial district shall comply with the same design and development standards for coffee shops.

Event planning services with facilities. An event planning service with facilities is an establishment offering a full-service venue including consultation, planning and coordination, staging and storage of materials, furniture and themed decorations and includes a space in which to host the event. Any facility is limited to 3,000 square feet in total, and no more than 20 percent of the gross floor area shall be utilized for storage and distribution of materials.

Farmer's market. A farmer's market is an establishment in which more than 50 percent of its product sold is agricultural produce. A farmer's market may be either a seasonal or year round operation and indoor or outdoor. If a farmer's market is a seasonal operation then an alternative, principal use (either permitted or conditional) shall be provided for the remainder of the year.

Fast food restaurant. A fast food restaurant is an establishment that includes five of the following:

A permanent menu board.

Customers pay for food before consuming it.

A self-service condiment bar is provided.

Customers must conduct self-service bussing.

Furnishings are hard, finished, stationary seating.

Most food items area prepared or cooked on-premises and packaged in individual, nonreusable containers.

Fast-food restaurants are only permitted within a multi-tenant building. Drive-through services shall be prohibited.

Financial institutions. Drive-through services, including an automated teller machine (ATM) in the drive-through, shall be prohibited in the town center district. Any drive-through service approved in the arrival corridor or neighborhood commercial districts shall comply with the following:

Incorporate masonry or compatible building materials into the drive-through facility.

The financial institution shall be considered the principal structure and located at the street edge and the drive-through service, canopy or ATM shall be considered accessory and located to the rear.

The building shall incorporate the use of awnings, varied roof forms, roof lines and other elements to provide scale.

The ATM shall be designed as part of the principal structure or located under the drive-through canopy and shall compliment the building materials and colors.

All speaker systems shall be operated at a low volume (65 decibels) to not cause a nuisance for adjacent residential uses.

Flat and combined roofs. Flat roofs shall combine gabled roofs, hip roof dormers or articulated parapet walls and may include extended and shaped parapets. Any parapet wall shall be designed in a manner to appear solid, three-dimensional form, rather than a veneer.

Gabled roof. Gabled roofs shall have a minimum eight inches rise for 12 inches of run. The gable end shall face the primary street.

Gas stations. Gas stations with or without car washes shall comply with the following:

Incorporate masonry or compatible building materials into the pump stations.

The C-store shall be considered the principal structure and located at the street edge and the pump stations, canopy or car wash shall be considered accessory and located to the rear or interior side.

The building shall incorporate the use of awnings, varied roof forms, roof lines and other elements to provide scale.

All vacuuming equipment and service shall be conducted within an enclosed building.

Hip roof. Hip roofs shall be done in conjunction with dormers that face the primary street.

Indoor sport shooting ranges. Indoor sport shooting ranges are subject to the following specific development standards:

The building design shall conform to all state and federal standards for environmental protection and occupational health and safety. The operator shall identify all standards and demonstrate how the operations will comply including reporting, inspections and permitting.

The building design shall provide sufficient evidence of compliance with the most current versions of the U.S. Department of Energy Office of Health, Safety and Security's Range Design Criteria or the National Rifle Association's (NRA) Range Source Book as determined by the chief of police and department of community development.

The design and construction shall completely confine all ammunition rounds within the building and demonstrate that nuisances such as air quality and noise will not become a nuisance to neighboring properties. The design and construction shall address the enclosure where the firing of firearms is to take place including, but not limited to air quality, bullet protection, door and window openings, bullet stops, type of targets, the firing line and sound proofing treatment.

Compliance with conditions a—c. above, shall be demonstrated by plans, certified by a State of Wisconsin licensed architect or certified engineer with demonstrated experience in indoor sport shooting range design and construction.

The method of operations shall conform to all state and federal standards for environmental protection and occupational health and safety. The operator shall identify all standards and demonstrate how the operations will comply including reporting, inspections and permitting.

The method of operations shall provide sufficient evidence of compliance with the most current versions of the U.S. Department of Energy Office of Health, Safety and Security's Range Design Criteria or the National Rifle Association's Range Source Book as determined by the chief of police and department of community development.

The method of operations shall address a building security plan for storage of firearms and ammunition as well as carrying procedures, security for entrance to the facility and rules and procedures for safe operations which shall be posted, in public view, at the range.

The method of operations shall specify the type and caliber of ammunition the range is designed to confine. No ammunition shall be used, stored, sold or possessed within the range that exceeds the certified design and construction for the range.

On-site supervision of the range shall be provided at all times by an adult that is certified as a NRA Range Safety Officer.

The on-site supervisor(s) and all employees of the range shall be licensed by the City of Mequon. The license will expire on the 31 ^st of December each year. At the time of filing for a license, each applicant shall be a full citizen of the United States for at least two years and shall be deemed to have satisfactory qualifications as determined by the finance and personnel committee.

The servicing of firearms is permitted.

Sales of firearms is prohibited.

Outdoor display, training or operational activity is prohibited.

No person under the age of 18 shall be permitted within the range unless accompanied by an adult at all times. This does not prohibit minors from participating in safety or training classes.

Hours of operation are limited to 7:00 a.m. to 10:00 p.m.

The parking requirement for an indoor sport range is two spaces/one shooting range firing lane plus one space/employee for the largest work shift.

Micro-distillery. A micro-distillery shall provide the following operations and features:

The manufacturing/production/processing, bottling, packing, storing and shipping of spirits from the bonded premises of the distilled spirits plant.

Retail sale of spirits on the general premises of the distilled spirits plant, on a separate premises as may be authorized by law that is located within the same zoning district, or both.

Consumption of spirits on the general premises of the distilled spirits plant, on a separate premises as may be authorized by law that is located within the same zoning district, or both.

A tasting room for samples of spirits on the general premises of the distilled spirits plant.

Indoor and outdoor event space on the general premises of the distilled spirits plant, on a separate premises as may be authorized by law that is located within the same zoning district, or both.

The operations and features associated with the bonded premises of the distilled premises plant listed above shall not exceed 60 percent of the total floor area of the full micro-distillery operations within the zoning district. A micro-distillery use which consists solely of manufacturing or production facilities shall not be permitted.

In addition to the required operations and features listed above, a micro-distillery may provide the following operations:

Sit-down restaurant on-premises.

Delicatessen on-premises.

A micro-distillery shall not conduct the following operations:

Fast food restaurant.

Drive thru services.

Microwinery. A micro-winery is an establishment that produces less than 10,000 gallons of wine on site per year. Wineries shall provide the following operations and features:

Manufacture, bottle, pack and store wine on-premises and ship wine from premises.

Retail sale of wine on-premises.

Consumption of wine on-premises.

Tasting room for samples on-premises.

Indoor and outdoor event space on-premises.

The operations and features associated with section a. listed above, shall not exceed 60 percent of the total winery operations on-premises.

Microwineries may provide the following operations:

Sit-down restaurant on-premises.

Delicatessen on-premises.

Similar ancillary uses on-premises as approved by the planning commission.

[Microwineries] shall not conduct the following operations:

Fast food restaurant on-premises.

Drive thru services.

Mixed-use development. A mixed-use development contains residential and nonresidential uses authorized in Table 58-301-1 and Table 58-302-1 within a building, or set of buildings on a development site. A mixed-use development shall contain a minimum 30 percent of the development's total square footage as nonresidential use(s) and shall contain landscaped and outdoor public spaces for the use of consumers and residents.

Multiple family dwellings, up to 16 units. A development that includes multiple-family dwellings containing more than two units, and up to 16 units, with or without nonresidential uses, located in the town center or arrival corridor district shall comply with the following:

The height shall not exceed two and one-half stories.

Distinct second story dwelling units shall be prohibited.

The placement of dwellings, if located on a lot zoned town center, that abuts Mequon Road, or Cedarburg Road south of Mequon Road, such dwelling shall be within a mixed-use building as defined in section 58-301(j)(3), general district regulation.

The placement of dwellings shall reinforce the street, maximize natural surveillance and visibility and facilitate pedestrian access and circulation.

The front façade of the structure shall include one principal entrance and a porch, with a minimum depth of six feet, for each dwelling and shall be placed directly towards the adjacent primary public or private street or front yard as determined by the department of community development.

A pedestrian access from the adjacent primary public or private street or front yard to the principal entrance of each dwelling shall be provided and maintained.

A landscaped front yard is required for each unit adjacent to the primary adjacent public or private street and shall create and distinguish separate levels of space as follows: a) private yard with installation of a minimum of one tree and partial screening elements for the required principal entrance and porch, b) a semi-private yard that is privately owned but that is not screened and includes transitional elements blending the public streetscape and the private yard and provides visual cues of entering the private yard.

Parking between the dwelling and the street shall be prohibited.

Vehicular access shall only be from the rear or interior side and shall include below-grade parking and, or an attached garage with a private driveway that can accommodate a minimum of one vehicle.

All facades shall create orderly variation, including projections such as balconies, covered patios and bay windows.

Multiple-family dwellings greater than 16 units. Multiple-family dwellings greater than 16 units, with or without nonresidential uses, are prohibited in the arrival corridor district. Multiple-family dwellings greater than 16 units, may be located in the town center district if part of a mixed-use development as defined in section 58-303 specific development and design standards; however, if located on a lot that abuts Mequon Road, or Cedarburg Road south of Mequon Road, such dwelling shall be within a mixed-use building as defined in section 58-301(j)(3), general district regulation.

Nightclubs. A nightclub is an establishment engaged in the sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges and similar uses or a sit-down restaurant which provides more than 50 percent of its service to the sale of alcoholic beverages.

Ornamental metals. Ornamental metals shall be allowed only as accent materials such as grills, railing, panels and gutters.

Painted metal roof. Metal roof shall include copper coated, terne metal or painted metal to resemble weathered copper.

Parking facilities. The design of a parking facility shall not dominate the street frontage or building facade which faces a public street or significant public space. All vehicles shall be screened from view and at least 60 percent of the first floor facade shall by occupied with active uses and shall be designed with architectural detail and windows to create visual interest.

Pet supply stores, pet grooming facilities and pet daycares. The specific requirements are set forth in division 11.

Planned residential development. A development containing any of the following residential dwellings, combination thereof, with or without nonresidential uses, may be allowed through application of section 58-331, planned unit development overlay and subject to each as defined by section 58-303, specific development and design standards:

Single-family dwellings.

Two-family dwellings.

Multiple-family dwellings, up to 16 units.

Multiple-family dwellings greater than 16 units. Multiple-family dwellings greater than 16 units are prohibited in the arrival corridor district through a PUD.

Pre-cast stone. Pre-cast stone shall be allowed in a finish approved by the planning commission.

Projecting signs. A projecting sign is a sign which projects from the wall of a building in such a manner that the sign face is perpendicular to the wall, or a sign which is suspended from a soffit or other permanent overhang. The sign shall not be located above the base level of the building or above the second floor line. Hanging signs shall not project more than 40 inches total from the face of the building.

Rubber as a roof material. Rubber is permitted where not visible from ground level.

Single-family dwellings. Single-family dwellings, of any number, located in the town center or arrival corridor districts shall comply with the following:

The minimum lot area shall be established by the council through an approved PUD.

The required street frontage shall be a minimum of 36 feet and a maximum of 80 feet.

The front yard setback shall be a minimum of ten feet and a maximum of 25 feet from the abutting street.

The side and rear yards shall be a minimum of five feet and shall be increased by two for every additional story above the ground floor and increased by one foot for a half-story.

The height shall not exceed two and one-half stories and shall be architecturally designed with a gable or hip roof form.

The placement of dwellings shall not be located on a lot that abuts Mequon Road.

The placement of dwellings shall reinforce the street, maximize natural surveillance and visibility and facilitate pedestrian access and circulation.

The front façade of dwellings shall include one principal entrance and a porch, with a minimum depth of six feet, and shall be placed directly towards the adjacent primary public or private street.

A pedestrian access from the adjacent primary public or private street to the principal entrance of the dwelling shall be provided and maintained.

10.

A landscaped front yard for each unit adjacent to the primary adjacent public or private street shall provide and maintain a minimum of one tree.

11.

Parking between the dwelling and the street shall be prohibited.

12.

Vehicular access shall only be from the rear and shall include an attached garage and a private driveway that can accommodate a minimum of one vehicle.

Sit-down restaurants. A sit-down restaurant is engaged in the preparation and retail sale of food and beverages, which is characterized by table service to the customer and is not a delicatessen, fast food or coffee shop. Drive-thru services shall be prohibited.

Special size brick. Special sizes and shapes of brick shall be acceptable only as accents and decorations.

Stucco. Stucco shall be allowed only as a wall finish material on upper floors and gables.

Terra cotta. Terra cotta shall be allowed only as cladding or accent.

Town center brewery. A town center brewery is an establishment that produces less than 10,000 barrels of beer on site per year. Town center breweries shall provide the following operations and features:

Manufacture, bottle, pack and store beer on-premises and ship beer from premises.

Retail sale of beer on-premises.

Consumption of beer on-premises.

Tasting room for samples on-premises.

Indoor and outdoor event space on-premises.

The operations and features associated with a) manufacture, bottle, pack and store beer on-premises list above, shall not exceed 60 percent of the total town center brewery operations on-premises.

Town center breweries may provide the following operations:

Sit-down restaurant on-premises.

Delicatessen on-premises.

Similar ancillary uses on-premises as approved by the planning commission.

Town center breweries shall not conduct the following operations:

Fast food restaurant on-premises.

Drive thru services.

Two-family dwellings. Two-family dwelling, of any number, located in the town center or arrival corridor districts shall comply with the specific development and design standards listed above for single-family dwellings.

Window signs. The size of the sign shall not account for more than 20 percent of the window size.

Wood siding. Wood siding shall be allowed only on upper floors and gable ends or as roofing materials.

(c)

Definitions. The following words, terms and phrases, when used in this article IV, shall have the meanings ascribed to them below, except where the context clearly indicates a different meaning:

Micro-distillery. A micro-distillery is a use that includes both the distilling and/or rectifying of less than 10,000 gallons of distilled spirits on site per year, and additional amenities as may be further required by this Code. ^[6]

(Ord. No. 2007-1204, § III, 5-8-2007; Ord. No. 2011-1370, § I, 12-13-2011; Ord. No. 2015-1461, § I(Att.), 11-10-2015; Ord. No. 2017-1496, § I, 9-12-2017; Ord. No. 2017-1503, § I(Exh. A), 1-9-2018; Ord. No. 2019-1535, § III(Exh. C), 1-8-2019; Ord. No. 2019-1543, Exh. B, 4-9-2019; Ord. No. 2021-1587, § I, 5-11-2021; Ord. No. 2021-1591, § I(Exh. B), 6-8-2021; Ord. No. 2022-1626, § I(Exh. B), 8-10-2022; Ord. No. 2024-1661, § I(Exh. A), 5-14-2024; Ord. No. 2024-1664, §§ IV, V, 8-14-2024)

Footnotes:

--- (6) ---

Federal Law reference—Distilled Spirits Plants—Definitions, 27 C.F.R. § 19.1.

Sec. 58-304. - Ulao Creek Neighborhood Commercial (UCNC) district.

(a)

Purpose. The Ulao Creek Neighborhood Commercial (UCNC) district is established to provide a limited commercial environment for office and services that enhance residential, limited commercial and institutional uses desired in the Ulao Creek neighborhood by providing neighborhood scale services for nearby residential neighborhoods.

(b)

General requirements.

(1)

Buildings shall be designed in individual or small groupings and shall not exceed 25,000 square feet per structure, nor exceed two stories in height. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. Outside storage is prohibited.

(3)

Building and site plan review required. The planning commission shall review and act on development within the UCNC district. All applicants are required to meet with city staff for a pre-application meeting. All development is subject to the following minimum building and site standards:

Primary and secondary conservation features, including, but not limited to, wetlands, floodplains, drainage courses, steep slopes, specimen trees, woodlands, meadows, scenic features and viewsheds shall be integrated into an open space and landscaping plan.

Access to the development shall be minimized and shall be accessed from roadway that are classified as arterials: primary and secondary as described in Resolution 607.

Street alignments and cross street connections are required. Roads shall be designed to ensure that adjacent parcels have adequate connection to maximize development. Connections shall be required even if the adjacent sites do not yet have streets. The approved alignment and cross connection(s) are to be constructed in its entirety or in a phasing plan approved by the planning commission.

A walkway internal to the site, connecting internal site and external neighborhood amenities shall be installed at the time of street construction and prior to occupancy.

Open space and features adjacent to the site's entire extent of perimeter public right-of-way shall be identified. Open space adjacent to the entire extent of any public right-of-way shall be a minimum of 20 feet in width and include light fixtures and street trees, which are subject to the approval of the city tree board and planning commission. City approved and designated UC entryway light fixture(s) are required within this defined entryway and open space. An asphalt multi-use path of 8 feet in width is required on the west side of North Port Washington Road.

Entryway amenities at the access to the development include signage, landscaping, light fixture(s), utilities and utility accessories. These entryway features shall enhance the open space adjacent to the public right-of-way and serve as a transition from public to private lands. City approved and designated UC entryway light fixture(s) are required within this defined entryway.

No commercial tenant space shall be less than 1,500 square feet.

Building placement and composition shall comply with the city approved Ulao Creek Design Standards.

(4)

(c)

Permitted, accessory and conditional uses. Table 58-304-1, uses in the Ulao Creek Neighborhood Commercial district, lists all the permitted and conditional uses.

(d)

Lot size. The minimum lot size shall have an area of not less than two acres.

(e)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 25 percent.

(f)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(g)

Minimum and maximum building setback. All structures within the UCNC shall be set back from the ultimate road right-of-way as follows:

(1)

A minimum building front yard setback of 50 feet and a maximum of 75 feet when located on a highway,

(2)

A minimum building front yard setback of 30 feet and a maximum of 50 feet when located on a local street.

(h)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjacent properties are zoned or used as a residential land use, no commercial building or structure shall be placed closer than 50 feet to the adjoining residential land use or zoning. The offset area adjacent to residential land uses or zoning shall include landscaping that screens operations associated with commercial use activities including, but not limited to, vehicular headlights, service door and operations and parking.

(i)

Open space ratio. The open space ratio shall not be less than 30 percent and include the following open space features:

(1)

Create large and contiguous areas that represent an integrated system that connects to features on adjacent sites and public amenities within the surrounding neighborhood.

(2)

Distribute common, open space throughout the development to serve as connection from the streets and structures to areas of contiguous open space. Small or fragmented open space shall be minimized.

(3)

Protection of site features.

(4)

Connect to environmental features on adjacent sites. Long, thin strips shall be prohibited unless a conservation feature is linear and necessary to provide a green belt between lots or to provide connection with other natural features, amenities and adjacent developments.

(5)

Maintain a perimeter, low-maintenance open space buffer with a minimum width of 20 feet along public streets, paved and unpaved paths.

(6)

Include outdoor plazas and hardscape features intended for informal use or gatherings of customers and employees.

(j)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(k)

Off-street parking. In accordance with applicable regulations set forth in section 58-441 of this chapter.

(l)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 30 feet to the ultimate road right-of-way and shall not project further into the front yard than the building(s).

Table 58-304-1 Uses in the Ulao Creek Neighborhood Commercial District

Use	Neighborhood Commercial	Specific Development Standards
Office and Clinic
Financial institutions with drive-through
Financial institutions without drive-through
Medical clinics	P
Office
Optical and vision center	P
Veterinary clinics or hospitals	C	Use shall comply with regulations as described in division 11 and shall not include retail pet supplies. A 24-hour emergency operational plan and outdoor use and facility plan is subject to staff review and approval.
Institutional and Public
Cemeteries
Community centers
Crematory services
Fine arts school and studios of 2,000 square feet or less	P	May include studios for photography, painting, music, sculpture, and dance or similar related arts. The performance arts school shall not exceed 2,000 square feet
Libraries
Mausoleums
Museums
Private lodges and clubs
Private lodges and clubs of 5,000 square feet or less	P	Operations shall include open space components such as areas for private services, pools, dining, hardscape plazas and gardens, lodging is prohibited. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Public administrative offices and services	P
Public parks	P	Subject to park and open space board and common council approval for acceptance of land and shall comply with the city's policy statement #14 donation policy.
Public parking facilities, non-accessory
Public or private schools
Public or private schools of 5,000 square feet or less	P	An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Religious institutions
Residential
Age restrictive housing for persons of 55 years of age and older
Artist's live/work units	P	as described in 58-303
Bed and breakfast
Community living arrangements for eight or fewer persons
Residential uses, eight units or less, if part of a mixed-use development
Residential uses, nine units to 16, if part of a mixed-use development
Single-family residential cluster developments
Accessory Residential
Home occupations
Private outdoor recreational facilities with lights
Private outdoor recreational facilities without lights
Residential quarters for the owner/proprietor
Retail and Services
Antiques, collectibles, gift or florists	P	as described in 58-303
Art, hobby, game and educational supply stores, studios or galleries
Automobile service facilities including retail and repair
Beauty and personal aid supply store
Beer, wine and liquor stores, 3,000 square feet or less, as part of a mixed-use commercial building	P
Bicycle repair and sales	P
Bookstores, new
Camera and photography supply store
Car dealerships
Clothing and accessories including repairs
Child daycare facilities, preschools, learning centers, as part of a mixed-use commercial building	P	An operational plan, including outdoor use and facilities, including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Commercial use of a designated historic structure
Computer and software store
Concert halls
Convenience store, no greater than 1,500 square feet, without gas, as part of a mixed-use commercial building	P
Dry cleaning and tailors	P
Electronic goods store
Funeral homes
Garden store
Gas stations
Gas stations with car wash
Graphic design services
Grocery store of 25,000 square feet or less		An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Hardware store, 3,000 square feet or less, as part of a mixed-use commercial building	P
Home furnishings and accessories of 4,000 square feet or less	P
Hotels
Indoor recreation and amusement facilities
Interior design service
Luggage and leather goods store
Music and musical instrument store including repairs
Paint and wallpaper store
Pet kennel
Pet supplies, grooming and daycare
Pharmacy, 5,000 square feet or less without drive-through and as part of a mixed-use commercial building Pharmacy, 5,000 square feet or less with a drive-through, and as part of a mixed-use commercial building	P C	Masonry or compatible building materials shall be incorporated into any proposed drive-through facility and shall include a canopy. The drive-through service area and associated canopy shall be considered accessory and located to the rear of the building. The building, including the drive-through service canopy, shall incorporate the use of awnings, varied roof forms, roof lines and other elements to provide scale. The accessory structures, such as service or menu boards, signs, speakers shall be designed to complement the principal structure through the building materials and colors and other features. All speaker systems shall be operated at a low volume (maximum of 65 decibels) to not cause a nuisance for adjacent residential uses.
Photocopying, film development, printing and publishing, packaging store of 4,000 square feet of less	P
Planned commercial development	PUD
Sexually oriented businesses
Shopping centers
Specialty food stores	P
Sports and fitness centers including retail of 3,000 square feet or less	P
Sports and fitness retail store greater than 3,000 square feet
Stationary stores
Theatres, live performances only
Tobacco, cigar or nicotine product/e-cigarette store 2,000 square feet or less
Video stores
Food and Beverage:
Bakeries, including retail sales with drive through
Bakeries, including retail sales without drive through as part of a mixed-use commercial building	P
Catering services as part of a mixed-use commercial building	P
Coffee shop of 2,000 square feet or less with drive-through	C	Masonry or compatible building materials shall be incorporated into any proposed drive-through facility and shall include a canopy. The drive-through service area and associated canopy shall be considered accessory and located to the rear of the building. The building, including the drive-through service canopy, shall incorporate the use of awnings, varied roof forms, roof lines and other elements to provide scale. The accessory structures, such as service or menu boards, signs, speakers shall be designed to complement the principal structure through the building materials and colors and other features. All speaker systems shall be operated at a low volume (maximum of 65 decibels) to not cause a nuisance for adjacent residential uses.
Coffee shop of 2,000 square feet of less without drive-through as part of a mixed-use commercial building	P
Confectionary store without drive-through as part of a mixed-use commercial building	P
Delicatessen with drive-through
Delicatessen without drive-through as part of a mixed-use commercial building	P
Fast food restaurant with drive-through
Fast food restaurant without drive-through as part of a mixed-use commercial building	P	As described in 58-303
Sit-down restaurants as part of a mixed-use commercial building	P	As described in 58-303
Snack and non-alcoholic beverage bars without drive-through as part of a mixed-use commercial building	P
Nightclubs

P = Permitted uses

C = Conditional uses

_____

(n)

Park and open space plan and impact fee. A park and open space impact fee is required for the development in accordance with section 58-138—58-152. All development shall comply with the city approved Ulao Creek Neighborhood park and open space.

(o)

Development agreement. A development agreement is required for development in which public or private infrastructure and open space is planned and shall comply with the City Standard Specifications for Land Development, latest edition. The development agreement is subject to the approval of the city planning commission and common council.

(p)

Exceptions to the district requirements. All district requirements shall be met unless a concept plan review application is submitted to the planning commission that includes each of the following:

(1)

Project concept plan meeting all district requirements.

(2)

Project concept plan graphically detailing any requested exceptions to district requirements.

(3)

Project narrative addressing reason for exception, impact and effect of exception and the additional amenities proposed to mitigate the impact and effect of such exception.

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the spirit and intent of this district always remains on the applicant.

The planning commission may approve exceptions to the district requirements upon finding that the use or development includes building or site amenities that address any adverse effects of the exception and where the planning commission finds that strict compliance to the requirements is impractical because of site conditions or location.

Further, planning commission approval of an exception shall require common council confirmation upon written request from two aldermen or one alderman and the mayor. Such request shall be made within 14 days of the corresponding planning commission approval of the exception.

(Ord. No. 2021-1601, § I(1, Exh. A), 11-9-2021)

Sec. 58-305. - Ulao Creek Mixed Use Commercial (UCMU) district.

(a)

Purpose. The Ulao Creek Mixed Use (UCMU) Commercial district is established to provide a limited rural designed, commercial and light industrial uses desired in the city and not otherwise allowed in commercial zoning districts along the interstate.

(b)

General requirements.

(1)

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. Outside storage is permitted through an outdoor storage permit authorized by the department of community development.

(3)

Building and site plan review required for all land uses listed in Table 58-305-1. The planning commission shall review and act on all development within the UCMU district. All applicants are required to meet with city staff for a pre-application meeting. All development is subject to the following minimum building and site standards:

Access to the development shall be minimized and from N. Port Washington Road.

A walkway internal to the site, connecting internal site and external neighborhood amenities shall be installed at the time of street construction and prior to occupancy.

Building placement and composition shall comply with the city approved Ulao Creek Design Standards.

(4)

(c)

Permitted, accessory and conditional uses. Table 58-305-1, uses in the Ulao Creek Mixed Use Commercial district, lists all the permitted and conditional uses.

Table 58-305-1 Uses in the Ulao Creek Mixed-Use Commercial District

Land Use	Ulao Creek Mixed Use Commercial	Specific Development Standards Notes
Agricultural
Agriculture, horticulture or forestry	P	Located on a lot of ten acres or more in size
Community gardens	P	Private, not for profit, gardens in which accessory structures and other structural or art features are prohibited
Residential
Animals and animal-related uses specified in division 11	P	As described in 58-239(b)(2)
Community Living arrangements of eight or fewer persons	P	In accordance with Wis. Stats. § 62.23(7)(I)
Long-term rental of a structure	P	As described in 58-239(b)(1)
Residential cluster developments	P	Development shall be in accordance with 58-243
Single-family detached dwellings	P	Existing prior to December 1, 2021
Single-family detached dwellings, 4 lots or less	P	Subject to no further lots being derived from the parent parcel and the ability to meet the standards of 58-334(i)(2-3). The lots shall meet the standards of Table 58-243-1
Single-family residential developments created through a conventional subdivision design	PUD	Subject to physical land constraints or surrounding development pattern that prevents the ability to meet the standards of 58-243(i)(1-2). The lots shall meet the standards of Table 58-243-1
Accessory Residential
Artists live/work units	P	As described in 58-303
Home occupations	P	As described in 58-239(c)(2)
Private garages and paved parking areas as permitted in the R-4 district	P	As described in 58-239(c)(1)
Private outdoor recreational facilities with lights	C	Hours of operation for use and illumination are permitted Sunday through Thursday; until 9:00 p.m. and Friday and Saturday; until 10:00 p.m. Organized or league play is prohibited. Parking associated with the facility is limited to four vehicles. Submittal of a lighting plan and pole heights no greater than 16 feet is subject to staff review and approval.
Private outdoor recreational facilities without lights	P
Residential quarters for the owner/proprietor located in the same building as the owner's business	P	As described in 58-294(d)(1)
Short term rental of a structure	P	As described in 58-239(c)(4)
Institutional and Public
Golf courses and driving ranges	P	May include club facilities. An operational plan including hours, staffing, capacity, lighting, noise, safety and security regulations is subject to planning commission approval. Competitions, tournaments, or any annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Horse riding academies and stables	P	May include indoor and outdoor club facilities. An operational plan including hours, staffing, capacity, lighting, noise, safety and security regulations is subject to planning commission approval. Competitions, tournaments, or any annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Outdoor recreational facilities with lights	C	Commercial, for-profit sports operations including one or more of the following; archery ranges, basketball, volleyball, baseball, biking, disc or club golf or similar sports activities. An operational plan including hours, staffing, capacity, lighting, noise, safety and security regulations is subject to planning commission approval. Competitions, tournaments, or any annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Outdoor recreational facilities without lights	P	Commercial, for-profit sports operations including one or more of the following; archery ranges, basketball, volleyball, baseball, biking, disc or club golf or similar sports activities. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Competitions, tournaments, or any annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Public administrative or service facilities	P	An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Public park	P	Subject to park and open space commission and common council approval.
Public or private schools, colleges, universities	C	An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Competitions, tournaments, or any annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Religious institutions	P	An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Roadside farmers market	P	May be a principal use or accessory to farmstead and dwelling and shall comply with section 58-236(c)(1). May include an indoor market and accessory structures. Operations, including special, annual or seasonal events, are subject to planning commission approval and may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Commercial
Animal hospitals and veterinary clinics	C	Use shall be in compliance with regulations as described in Division 11 and shall not include retail pet supplies. A 24-hour emergency operational plan and outdoor use plan is subject to staff review and approval. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Bakeries	C	Use shall include a minimum 20 percent of building area to office and/or retail showroom and a minimum 20 percent of defined baking use. Use shall be a minimum of 3,000 square feet. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Bed and breakfast	P	Floor plans and an operational plan are subject to staff review and approval. The use shall be in accordance with Wis. Admin. Code § ATCP 73.
Breweries	P	As defined and subject to Wis. Stats. § 125.29. Operations shall include a combination of open space components including areas for private services, dining, hardscape plazas, gardens or other amenities as approved by the planning commission. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Building construction including general and sub contractors and operative builders for dwellings, offices, stores, industrial and farms. Manufacturing of prefabricated buildings is prohibited. Uses may include light manufacturing, assemblage, warehouse and distribution.	P	Each business use shall maintain a minimum 20 percent of the tenant building area as office, sales area, showroom, or combination thereof and a minimum 20 percent of the tenant building area as the zoning defined commercial use. Principle structures shall be a minimum of 10,000 square feet. All storage associated with each business use shall be either enclosed within the principle structure or subject to an approved outdoor storage permit. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Catering facilities	C	Use shall include a minimum 20 percent of building area to office and/or retail showroom and a minimum 20 percent of defined catering use. Use shall be a minimum of 3,000 square feet. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Commercial greenhouse or plant nursery	P	May be a principal use or accessory to farmstead and dwelling and shall comply with section 58-236(c)(1). May include an indoor market and accessory structures. Operations, including annual, special or seasonal events, are subject to planning commission approval and may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Flex industrial including laboratories (medical, dental, photofinishing, audio visual) and research and development (biotechnology, physical, engineering and life sciences) and data centers. Uses may include light manufacturing, assemblage, warehouse and distribution.	P	Each business use shall maintain a minimum 20 percent of the tenant building area as office, sales area, showroom, or combination thereof and a minimum 20 percent of the tenant building area as the zoning defined commercial use. Principle structures shall be a minimum of 10,000 square feet. All storage associated with each business use shall be either enclosed within the principle structure or subject to an approved outdoor storage permit. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Light manufacturing trade related to building construction including businesses that manufacture and sell prefabricated equipment and the incidental installation of such and manufacturers of major household products, appliances, windows, doors or partitions. Uses may include light manufacturing, assemblage, warehouse and distribution.	P	Each business use shall maintain a minimum 20 percent of the tenant building area as office, sales area, showroom, or combination thereof and a minimum 20 percent of the tenant building area as the zoning defined commercial use. Principle structures shall be a minimum of 10,000 square feet. All storage associated with each business use shall be either enclosed within the principle structure or subject to an approved outdoor storage permit. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Performing arts center	C	May include studios for photography, painting, music, sculpture, and dance or similar related arts. The performance arts center shall be a minimum of 20,000 square feet. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Pet kennel	C	Use shall be in compliance with regulations as described in division 11 and shall not include retail pet supplies. A 24-hour emergency operational plan and outdoor use and plan is subject to staff review and approval. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Private lodge / clubs	C	Operations shall include a combination of open space components including areas for private services, pools, dining, hardscape plazas, gardens or other amenities as approved by the planning commission. Lodging is limited to no more than 10 percent of the total building. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Salon and spa	C	Operations shall include a combination of open space components including areas for private services, pools, dining, hardscape plazas, gardens or other amenities as approved by the planning commission. Lodging is limited to no more than 10 percent of the total building. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Specialty trade contractor and material suppliers including landscaping, exterminating, carpentry, plumbing, electrical, environmental control, janitorial, painting, signage and furniture repair. Uses may include light manufacturing, assemblage, warehouse and distribution.	P	Each business use shall maintain a minimum 20 percent of the tenant building area as office, sales area, showroom, or combination thereof and a minimum 20 percent of the tenant building area as the zoning defined commercial use. Principle structures shall be a minimum of 10,000 square feet. All storage associated with each business use shall be either enclosed within the principle structure or subject to an approved outdoor storage permit. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.
Wineries	P	As defined and subject to Wis. Stat. § 125.53. Operations shall include a combination of open space components including areas for private services, dining, hardscape plazas, gardens or other amenities as approved by the planning commission. An operational plan including hours, staffing, capacity, noise, safety and security regulations is subject to planning commission approval. Annual, special or seasonal events are subject to planning commission approval. The use may be subject to commissioning a traffic impact analysis and implementation of conditions of such.

(d)

Lot size. The minimum lot size shall have an area of not less than two acres.

(e)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 25 percent.

(f)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(g)

Minimum and maximum building setback. All structures within the UCMU shall be set back from the ultimate road right-of-way as follows:

(1)

A minimum building front yard setback of 50 feet and a maximum of 75 feet.

(2)

A minimum building front yard setback of 30 feet and a maximum of 50 feet when located on a local street.

(h)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjacent properties are zoned residential, no commercial building or structure shall be placed closer than 50 feet to the adjoining residential zoning. The offset area adjacent to residential land uses or zoning shall include landscaping that screens operations associated with commercial use activities including, but not limited to, vehicular headlights, service door and operations, signage and parking.

(i)

Open space ratio.

(1)

The open space ratio shall not be less than 30 percent and include the following open space features:

Create large and contiguous areas that represent an integrated system that connects to features on adjacent sites and public amenities within the surrounding neighborhood.

Distribute common, open space throughout the development to serve as connection from the streets and structures to areas of contiguous open space. Small or fragmented open space shall be minimized.

Protection of site features.

Maintain a perimeter, low-maintenance open space buffer with a minimum width of 20 feet along public streets, paved and unpaved paths.

Include outdoor plazas and hardscape features intended for informal use or gatherings of customers and employees.

(j)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(k)

Off-street parking. In accordance with applicable regulations set forth in section 58-441 of this chapter.

(l)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way and shall not project further into the front yard than the building(s).

(n)

(o)

Development Agreement. A development agreement is required for development in which public or private infrastructure and open space is planned and shall comply with the City Standard Specifications for Land Development, latest edition. The development agreement is subject to the approval of the city planning commission and common council.

(p)

Exceptions to the district requirements. All district requirements shall be met unless a concept plan review application is submitted to the planning commission that includes each of the following:

(1)

Project concept plan meeting all district requirements.

(2)

Project concept plan graphically detailing any requested exceptions to district requirements.

(3)

Project narrative addressing reason for exception, impact and effect of exception and the additional amenities proposed to mitigate the impact and effect of such exception.

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the spirit and intent of this district always remains on the applicant.

(Ord. No. 2021-1601, § I(2, Exh. B), 11-9-2021)

Mequon City Zoning Code

DIVISION 5

BUSINESS DISTRICTS

Sec. 58-293.- Neighborhood commercial district.

(a)

(b)

General requirements.

(1)

(2)

(3)

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

(6)

Digital security imaging systems in accordance with chapter 14-300 is required.

(c)

Permitted, accessory and conditional uses. Table 58-293-1, Uses in the Neighborhood Commercial District, lists all the permitted and conditional uses.

(d)

Lot size. The minimum lot size shall have an area of not less than one and one-half acres.

(e)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(f)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(g)

Minimum building setback. All structures within the B-1 district shall be set back from the ultimate road right-of-way as follows:

(1)

Highways, 50 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(2)

Local streets, 30 feet.

(h)

(i)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(j)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(k)

Off-street parking. In accordance with applicable regulation set forth in section 58-441 of this chapter.

(l)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 15 feet to the ultimate road right-of-way.

Table 58-293-1
Uses in the Neighborhood Commercial District

Use	Neighborhood Commercial	Specific Development Standards
Office and Clinic:
Office	P
Medical clinics	P
Optical and vision center	P
Veterinary clinics or hospitals	P	✓
Financial institutions without drive-through	P
Financial institutions with drive-through	C	✓
Institutional and Public:
Public parks
Public administrative offices and services	P
Religious institutions
Public or private schools of 5,000 square feet or less
Public or private schools
Private lodges and clubs of 5,000 square feet or less
Private lodges and clubs
Fine arts school and studios of 2,000 square feet or less	P
Community centers
Libraries
Museums
Crematory services
Mausoleums
Cemeteries
Public parking facilities, nonaccessory
Residential:
Artist's live/work units	P	✓
Residential uses, eight units or less, if part of a mixed-use development
Residential uses, nine units to 16, if part of a mixed-use development
Bed and breakfast	C	✓
Community living arrangements for persons eight or fewer
Single-family residential cluster developments	C	Per Sec. 58-333
Age restrictive housing for persons of 55 years of age and older	PUD
Accessory Residential:
Residential quarters for the owner/proprietor	P	Per Sec. 58-294(d)(1)
Home occupations	P
Private outdoor recreational facilities without lights	P
Private outdoor recreational facilities with lights	C
Retail and Services:
Art, hobby, game and educational supply stores, studios or galleries	P
Interior design services	P
Graphic design services	P
Antiques, collectibles, gift or florists	P	✓
Commercial use of a designated historic structure
Stationary stores	P
Bookstores, new	P
Camera and photography supply store	P
Computer and software store	P
Electronic goods store	P
Tobacco, cigar or nicotine product/e-cigarette store 2,000 square feet or less
Music and musical instrument store including repairs	P
Video stores	P
Paint and wallpaper store	P
Luggage and leather goods store	P
Beauty and personal aid supply store	P
Photocopying, film development, printing and publishing, packaging store of 4,000 square feet of less	P
Dry cleaning and tailors	P
Clothing and accessories including repairs	P
Home furnishings and accessories including repairs of 4,000 square feet or less	P
Sports and fitness centers including retail of 3,000 square feet or less	P
Bicycle repair and sales	P
Indoor recreation and amusement facilities
Pet supplies, grooming and daycare	P	✓
Pet kennel
Garden store	P
Hardware store	P
Child daycare facilities, preschools, learning centers	C
Specialty food stores	P
Beer, wine and liquor stores
Sports and fitness retail store greater than 3,000 square feet
Gas stations
Gas stations with car wash
Convenience store without gas	C
Automobile service facilities including retail and repair
Car dealerships
Shopping centers	C
Funeral homes
Concert halls
Theatres, live performances only
Sexually oriented businesses
Hotels
Planned commercial development	PUD
Grocery store of 20,000 square feet or less	PUD
Pharmacy	C	✓
Food and Beverage:
Catering services	P
Confectionary store without drive through	P
Bakeries, including retail sales without drive-through	P
Bakeries, including retail sales with drive-through	C
Coffee shop of 2,000 square feet of less without drive-through	P
Coffee shop of 2,000 square feet of less with drive-through	C	✓
Delicatessen without drive-through	P
Delicatessen with drive-through		✓
Snack and nonalcoholic beverage bars without drive-through	P
Fast food restaurant without drive-through	P	✓
Fast food restaurant with drive-through
Sit-down restaurants	P
Nightclubs
Town Center breweries
P = Permitted uses
C = Conditional uses

(Ord. No. 2019-1535, § II(Exh. B), 1-8-2019; Ord. No. 2025-1687, § I, 12-9-2025)

Sec. 58-294. - B-1 neighborhood business district.

(a)

Purpose. The B-1 district is established to generally accommodate the basic day-to-day retail and service needs of persons residing in nearby residential areas.

(b)

General requirements.

(1)

(2)

(3)

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

(c)

Permitted uses.

(1)

(2)

(3)

General offices.

(4)

Finance, insurance and real estate services including, but not limited to, banks, insurance offices, savings and loan associations and security brokers.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor located in the same building as the business.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.

(2)

Restaurants which provide for the consumption of food primarily within the building. No fast food restaurants will be allowed.

(3)

Cultural activities including, but not limited to, museums, libraries and art galleries.

(4)

(5)

Churches, temples and synagogues.

(6)

Health care facilities including, but not limited to, dental clinics, medical clinics, chiropractic clinics and health clubs.

(7)

Satellite dishes.

(8)

Child day care facilities.

(9)

(10)

(11)

(12)

Veterinary clinics and animal hospitals.

(f)

Lot size. The minimum lot size shall have an area of not less than 1.5 acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-1 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in section 58-441 of this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

Sec. 58-295. - B-2 community business district.

(a)

Purpose. The B-2 district is established to accommodate the retail and service needs of the greater community.

(b)

General requirements.

(1)

(2)

(3)

Building design may provide for either single or multi-tenant structures with the appearance and operation being harmonious and compatible with the surrounding area.

(4)

Site development shall be approved by the planning commission in accordance with this chapter.

(5)

[Reserved.]

(6)

(7)

[Reserved.]

(c)

Permitted uses.

(1)

Retail trade establishments which supply convenience and specialty goods.

(2)

Retail trade establishments whose primary product line is groceries.

(3)

(4)

General offices.

(5)

Finance, insurance and real estate services including, but not limited to, banks, insurance offices, savings and loan associations and security brokers.

(6)

Health care facilities including, but not limited to, dental clinics, medical clinics, chiropractic clinics and health clubs.

(d)

Accessory uses. Accessory buildings and uses customarily incidental to the above uses including, but not limited to garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.

(2)

Restaurants and nightclubs.

(3)

Cultural activities including, but not limited to, museums, libraries and art galleries.

(4)

(5)

Churches, temples and synagogues.

(6)

Animal hospitals, veterinary clinics and kennels pursuant to the specific requirements set forth in division 11.

(7)

Wholesaling establishments.

(8)

Outdoor recreational facilities.

(9)

Automobile service facilities including, but not limited to, gasoline sale and automotive repair.

(10)

Motels and hotels.

(11)

Satellite dishes.

(12)

Warehouse and distribution facilities.

(13)

Car dealerships.

(14)

Research and development facilities.

(15)

Child day care facilities.

(16)

Light assembly or fabrication incidental to the principal use.

(17)

(18)

(19)

Fitness centers.

(20)

Indoor recreation and amusement facilities.

(21)

(22)

General merchandise stores subject to the following regulations:

• The GLA of the use must be between 20,000 and 30,000 square feet.

• The square footage of all uses classified as general merchandise stores shall not exceed 40 percent of the total GLA of a retail development.

• Floor area dedicated to food related merchandise shall not exceed five percent of the total GLA of the general merchandise store.

• The development in which the use is located shall be located along a secondary arterial and shall abut an interstate highway.

• General merchandise stores located in an existing multi-tenant building shall be subject to building and site plan review.

(23)

Resale clothing and clothing accessories shall be subject to the following conditions:

• The resale floor area shall not exceed 1,500 square feet.

• All merchandise shall be displayed on permanent racks or shelving which may or may not be affixed to the floor or walls.

• No outdoor display of merchandise.

• All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

• All interior walls and ceilings shall be finished with drywall or other city approved materials.

• No sale of furniture or other household items.

(24)

Banquet or reception hall.

(25)

Convention or conference center.

(f)

Lot size. The minimum lot size shall have an area of not less than two acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-2 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways—50 feet.

(2)

All other streets and highways (excluding local streets)—65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets—60 feet.

(j)

(k)

Open space.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in section 58-441.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

Sec. 58-296. - B-3 office and service business district.

(a)

Purpose. The B-3 office and service district is intended to provide for individual or group office and special service uses where the office activity would be compatible with surrounding uses.

(b)

General requirements.

(1)

(2)

The office development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(3)

(4)

(5)

(6)

Site development shall be approved by the planning commission in accordance with this Code.

(7)

[Reserved.]

(c)

Permitted uses.

(1)

Professional office and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(2)

(3)

(d)

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

(e)

Conditional uses. Conditional uses shall include, but not necessar[il]y be limited to the following:

(1)

Commercial child day care facilities.

(2)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(4)

Research and development facilities.

(5)

Light assembly and/or warehouse if accessory to the principal use.

(6)

Satellite dishes with appropriate screening.

(7)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(8)

(9)

Sit-down restaurants subject to the following:

Restaurants shall be an occupant within a multi-tenant building and no stand-alone restaurants shall be permitted.

Restaurants shall not exceed 5,000 square feet in gross floor area or 50 percent of the total building size, whichever is less.

Only one restaurant shall be permitted per building.

Drive-thru windows shall not be permitted.

Restaurants shall not be permitted if the property is also zoned as an LTD overlay.

(10)

(11)

(12)

Commercial use of historically significant structures not otherwise permitted.

(f)

Lot size. The minimum lot size shall have an area of not less than 1.5 acres.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height.The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-3 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30-percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

Sec. 58-297. - B-4 business park district.

(a)

(b)

General requirements.

(1)

Buildings shall not exceed 40,000 square feet of gross floor area except as approved as a conditional use.

(2)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(3)

(4)

The business park shall be improved with underground utilities.

(5)

Vehicular circulation within the business park shall be oriented to internal circulation drives with limited access provided to city streets.

(6)

(7)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.

(8)

(9)

Site development shall be approved by the planning commission in accordance with this chapter.

(10)

[Reserved.]

(c)

Permitted uses.

(1)

Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(2)

(3)

(d)

Permitted accessory uses. Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(e)

Conditional uses. Conditional uses shall include, but not necessary be limited to, the following:

(1)

Light manufacturing.

(2)

Processing.

(3)

Wholesaling.

(4)

Distribution.

(5)

Research and development.

(6)

Printing and publication.

(7)

Warehousing.

(8)

Barbershops and beauty salons.

(9)

Bookstores.

(10)

Commercial child day care facilities.

(11)

Restaurants (not including fast food facilities).

(12)

Florists (not including greenhouses).

(13)

Gift shops.

(14)

Pharmacies.

(15)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(16)

Automobile service facilities.

(17)

Satellite dishes.

(18)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(19)

Theatres.

(20)

Structures greater than 40,000 square feet in size and/or greater than two stories in height.

(21)

(22)

Pet day-cares and kennels pursuant to the specific requirements set forth in division 11.

(23)

Fitness centers.

(24)

(25)

Convention or conference center.

(26)

(f)

Lot size. The minimum lot size shall have an area of not less than one acre.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-4 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjoining property is zoned residential, no building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

Sec. 58-298. - B-5 light industrial district.

(a)

Purpose. The B-5 light industrial district is intended to provide for the development of limited industrial and office uses.

(b)

General requirements.

(1)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

(3)

The development shall be improved with underground utilities.

(4)

Site access shall be oriented to internal circulation drives with limited access provided to city streets.

(5)

(6)

(7)

Site development shall be approved by the planning commission in accordance with this chapter.

(8)

[Reserved.]

(c)

Permitted uses. Permitted uses shall include, but not necessarily be limited to, the following:

(1)

Light manufacturing.

(2)

Processing.

(3)

Wholesaling.

(4)

Distribution.

(5)

Research and development.

(6)

Printing and publication.

(7)

Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(8)

(9)

(10)

Reupholstery and furniture repair.

(11)

(d)

Permitted accessory uses. Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(e)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(1)

Barbershops and beauty salons.

(2)

Bookstores.

(3)

Commercial child day care facilities.

(4)

Restaurants (not including fast food facilities).

(5)

Florists (not including greenhouses).

(6)

Gift shops.

(7)

Pharmacies.

(8)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(9)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(10)

Lumber and building supply yards.

(11)

Transportation terminals.

(12)

Warehousing as principal use.

(13)

Automobile service facilities.

(14)

Satellite dishes and transmission towers.

(15)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to this chapter When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(16)

(17)

Pet day-cares and kennels pursuant to the specific requirements set forth in division 11

(18)

Fitness centers.

(19)

(20)

Indoor sport shooting range.

(21)

Resale furniture and household merchandise.

•

The resale floor area shall not exceed 3,000 square feet.

•

No outdoor display of merchandise.

•

All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

•

No sale of clothing or clothing accessories.

(22)

Architectural salvage.

•

The resale floor area shall not exceed 3,000 square feet.

•

No outdoor display of merchandise.

•

All windows into the tenant space shall remain clear of merchandise or shelving unless approved by planning commission.

•

No sale of clothing or clothing accessories.

(23)

(f)

Lot size. The minimum lot size shall have an area of not less than one acre.

(g)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 50 feet unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the B-5 district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjoining property is zoned residential, no building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(m)

Off-street parking. Off-street parking shall be in accordance with applicable regulation set forth in this chapter.

(n)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof-mounted equipment. Roof-mounted equipment shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.

Sec. 58-299. - B-6 rural industrial zoning district.

(a)

(b)

General requirements.

(1)

(2)

(3)

(4)

(5)

(6)

Site development shall be approved by the planning commission in accordance with sections 58-107 to 58-112; 58-439 to 58-442; and 58-562 to 58-567.

(c)

Permitted uses.

(1)

Agricultural uses.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor located in the same building as the business.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses.

(1)

Light industrial uses (note: these uses shall not include heavy fabrication, food processing, warehousing/distribution, transportation terminals, junkyards, and lumberyards as a principle use.

(2)

(3)

Wineries.

(4)

Microbreweries.

(5)

Indoor sport shooting range.

(f)

Lot size. The minimum lot size shall have an area of not less than five acres.

(g)

Floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(h)

Building height. The height of any structure shall not exceed 35 feet.

(i)

Minimum building setback. All structures within the B-6 district shall be set back a minimum of 100 feet from the ultimate road right-of-way.

(j)

(k)

Open space ratio. The open space ratio shall not be less than 40 percent.

(l)

Lot width. The minimum lot width shall be 300 feet.

(m)

Off-street parking. In accordance with applicable regulation set forth in sections 58-439 to 58-442.

(n)

(o)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way.

(Ord. No. 2005-1157, § I, 1-10-2006; Ord. No. 2012-1391, § I, 1-8-2013; Ord. No. 2013-1396, § I[Att.], 4-9-2013; Ord. No. 2015-1461, § I(Att.), 11-10-2015)

Sec. 58-300. - B-7 rural business district.

(a)

(b)

General requirements.

(1)

(2)

(3)

(4)

(5)

In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability of development for the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the planning commission regarding traffic generation, ground water impact, sewage disposal impact, lighting, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The planning commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the planning commission may affirm, modify or withdraw its determination of unsuitability. The presumption shall be in favor of the planning commission's findings and requirements regarding the limitations on the type and size of proposed businesses.

(6)

(7)

Site development shall be approved by the planning commission in accordance with sections 58-107 to 58-112; 58-439 to 58-442; and 58-562 to 58-567.

(c)

Permitted uses.

(1)

Roadside farmers markets.

(2)

Offices.

(d)

Accessory uses.

(1)

Residential quarters for the owner/proprietor may be located in the same building as the business or as a separate structure subject to planning commission approval.

(2)

Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.

(e)

Conditional uses. Conditional uses shall include, but not necessar[il]y be limited to, the following:

(1)

Commercial greenhouses, retail and wholesale nurseries.

(2)

Private outdoor recreational facilities.

(3)

(4)

Sit-down restaurants (no fast food and/or drive thru restaurants permitted).

(5)

Landscape contracting offices.

(6)

Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-city transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to city staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(7)

Horse riding academies and stables.

(8)

Churches and religious institutions.

(9)

Bed and breakfast.

(10)

Animal hospitals and veterinary clinics pursuant to the specific requirements set forth in division 11.

(11)

Personal services, including but not limited to facial, skin and nail care, beauty salons and ancillary therapeutic massages.

(12)

Wineries.

(13)

Microbreweries.

(14)

Commercial use of historically significant structures not otherwise permitted.

(f)

Lot size. The minimum lots size shall be two acres

(g)

Building size. Individual buildings shall not exceed 10,000 square feet in size.

(h)

Floor area ratio. The floor area ratio shall not exceed 15 percent.

(i)

Building height. The height of any structure shall not exceed 35 feet.

(j)

Minimum building setback. All structures within the B-7 district shall be set back a minimum of 100 feet from the ultimate road right-of-way, unless waived by the planning commission.

(k)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 30 feet to a side or rear lot line.

(l)

Open space ratio. The open space ratio shall not be less than 50 percent.

(m)

Lot width. The minimum lot width shall be 200 feet.

(n)

(o)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 30 feet from a side or rear lot line.

(p)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way.

(q)

Signage. See section 62-15 for specific design criteria for signs in the B-7 district.

Sec. 58-301. - TC town center district.

(a)

(b)

(c)

(1)

All conditional uses listed in Table 58-1.

(2)

Any increase in gross floor area through expansion of an existing building or modification of 50 percent or more to the floor plan of an existing multi-tenant building.

(3)

Construction of a new building.

(4)

Any construction of new impervious parking surface area or an increase in impervious parking surface area.

(5)

Any facade modification.

(6)

Any change of use to a single-tenant building if the TC building and site plan review has not occurred at the site in five years from the date of the application for the change in use.

(7)

(d)

(e)

Prohibited uses. Any use not listed as either permitted or conditional in the district shall be prohibited.

(f)

Permitted and conditional uses. Table 58-301-1, Uses in the Town Center District, lists all the permitted and conditional uses.

Table 58-301-1 Uses in the Town Center District
Use	Town Center	Specific Development Standards
Office and Clinic:
Office	P
Medical clinics	P
Financial institutions	P	✓
Institutional and Public Uses:
Public libraries	P
Public parks	P
Public administrative offices and service buildings	P
Performing arts school and studios of 2,000 square feet or less	P
Public and private schools of 2,000 square feet or less	P
Private lodges and clubs	C
Community center	C
Public parking facilities, nonaccessory	C	✓
Residential Uses:
Home occupations	P
Artist's live/work units	P	✓
Multiple-family dwellings, eight units or less, if part of a mixed-use development	P	✓
Multiple-family dwellings, nine units to 16, if part of a mixed-use development* ¹	C	✓
Bed and breakfast	C	✓
Planned residential development	PUD	✓
Retail and Services:
Stationary stores	P
Antiques, collectibles, gift or florist stores	P	✓
Toy, hobby or game store	P
Graphic design	P
Interior design services	P
Paint/wallpaper store	P
Event planning serviced with facilities	P	✓
Luggage and leather goods store	P
Art supply, artistic studios or galleries	P
Camera and photography supply store	P
Music and musical instrument store	P
Optical/vision center	P
Dry cleaning and tailors	P
Apparel and accessories/repair	P
Photocopying, film development, printing and publishing, packaging store of 4,000 square feet gross floor area or less	P
Video stores of 4,000 square feet gross floor area or less	P
Bookstores and newsstands of 2,000 square feet gross floor area or less	P
Home furnishings/accessories 4,000 square feet or less	P
Bicycle repair and sales	P
Computer and software store	P
Electronic goods store	P
Child daycare facilities and preschools	C	✓
Planned commercial development	PUD	✓
Salon and spas	P
Sports and fitness centers of 3,000 square feet or less	P
Farmers market	P	✓
Confectionary (chocolate, ice cream, candy) 2,000 square feet or less	P
Specialty food stores	P
Tobacco, cigar or nicotine product/e-cigarette shop 2,000 square feet or less	P
Beer, wine or liquor store	P
Convenience store w/o gas	C
Grocery store	C
Car wash facility	C	✓
Animal hospitals and veterinary clinics	P	✓
Banquet or reception hall 8,000 square feet or less	C
Food and Beverage:
Catering services	P
Bakeries, retail	P
Coffeeshop of 2,000 square feet gross floor area or less	P	✓
Delicatessen of 2,000 square feet gross floor area or less	P	✓
Fast-food restaurant	P	✓
Sit-down restaurants, if part of a mixed-use development	P	✓
Nightclubs	C
Town center breweries, micro-distilleries, micro-wineries; limited to a total of 4,000 square feet or less of gross floor area devoted to production	C	✓

P = Permitted uses.
C = Conditional uses.
PUD = Planned Unit Development.
* ¹ = excluding density bonuses per section 58-301(i)(2).

_____

(g)

(h)

Lot dimension requirements.

(1)

All uses. The minimum lot area for all uses, except single-family and two-family dwellings, shall be 21,780 square feet, and the minimum street frontage shall be 100 feet.

(2)

(3)

Maximum number of dwelling units. The maximum number of dwelling units allowed per development is 16 units, except as approved through a PUD.

(i)

Density bonuses.

(1)

(2)

Historic renovation of a landmark building.

All required parking is provided within the building or entirely below-grade.

Shared parking.

Installation of "green roof" or roof-top patio.

(j)

General district regulations.

(1)

(2)

(3)

(k)

Building and parking placement.

(1)

(2)

(3)

(l)

Building composition.

(1)

(2)

(3)

Window area. Required window areas have the following purpose:

Contribute to the overall building composition.

Enhance curb appeal and neighborhood value.

Promote natural surveillance.

Reduce energy consumption through the use of passive solar design.

Display business products and services.

Window area obstructions. The following are permitted window area obstructions:

Permitted window signage. Window signage is a permitted window area obstruction and shall comply with the following design standards:

•

Window signage shall be limited to 33 percent of each individual window area in the occupant's space.

•

Window signage shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

The front of the signage shall face the adjacent walkway.

•

Window signage shall be consistent with and relate to the products, services and brand elements of the occupant's use.

ii.

Window shelving. Window shelving located within four feet from the surface of the window is a permitted window area obstruction and shall comply with the following design standards:

•

Window shelving units shall be limited to 33 percent of the use's aggregate window area as defined in section 58-301(l)(2).

•

Window shelving units and product display shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

Window shelving units shall be set back eight inches from the surface of the window.

•

The front of the shelving units and products displayed on shelving shall face the adjacent walkway.

iii.

•

Enclosed window displays shall be limited to 33 percent of the use's aggregate window area as defined in section 58-301(l)(2).

•

Only one window pane per use shall be permitted as an enclosed window display.

•

Enclosed window displays shall be internally lit during evening business operating hours. Lighting is subject to the approval of the department of community development.

•

Enclosed window displays shall have a minimum depth of three feet.

•

Displays shall change:

•

At a minimum, seasonally, unless approved by the department of community development.

•

When products or display elements begin to fade or deteriorate in appearance.

•

Enclosed window displays shall be maintained in a clean, clutter free manner.

•

All mechanical equipment shall be disguised from public view.

Prohibited window area obstructions. The following window area obstructions and obstructions similar to the following as determined by the planning commission, are prohibited:

•

Protective grilles.

•

Window bars.

•

Metal or similar material roll down screens or gates reflective, dark tinted or frosted glass.

•

Materials not otherwise permitted in this section that block visibility through windows into first floor occupant spaces along streets, walkways, plazas or parking areas.

•

Backs of signs or backs of shelving units.

•

Medical and institutional uses.

•

Specialty food retailers.

•

Theatres.

•

Parking garages.

•

Others as approved by planning commission.

(4)

Table 58-301-2 Building Materials in the Town Center District
Materials	Town Center	Specific Design Standards
Primary:
Common size brick	P
Special size brick	P	✓
Limestone	P
Fieldstone	P
Lannonstone	P
Pre-cast stone	P	✓
Pre-cast concrete	N
Secondary:
Pre-cast stone	P	✓
Pre-cast concrete	N
Terra cotta	P	✓
Stucco	P	✓
Wood siding	P	✓
Ornamental metals	P	✓
Decorative concrete block	P	✓
Plain or glazed concrete block	N

P = Permitted.
N = Not permitted.

_____

(5)

(m)

Building height and roofing.

(1)

Height. The maximum building height shall be two and one half stories but shall be no more than 42 feet in height.

(2)

Roof forms and materials. Table 58-301-3, Roof Forms and Materials in the Town Center District, lists all of the roof forms and materials permitted and not allowed.

Table 58-301-3 Roof Forms & Materials in the Town Center District
	Town Center	Specific Design Standards
Roof Forms:
Gabled	P	✓
Hip	P	✓
Flat	P	✓
Combined	P	✓
Gambrel	N
Mansard	N
Roof Materials:
Clay tiles	P
Wood shingles	P
Slate	P
Asphalt shingles	P
Metal tiles	P
Copper-coated	P
Terre metal	P
Painted metal	P	✓
Cement tiles	P	✓
PVC	N
Rubber	N
Tar	N
Bitumen	N

P = Permitted.
N = Not permitted.

_____

(3)

Access to light and air of surrounding properties.

Shadowing of residential properties or significant public spaces.

The scale and character of the surrounding uses.

Preservation of significant open spaces, water bodies or landmark buildings.

(n)

Building and site plan review requirements.

(1)

(2)

Vehicular access. Vehicular access and circulation shall be designed to minimize conflicts with pedestrian traffic and surrounding residential uses. Curb cuts shall be consolidated wherever possible.

(3)

(4)

Table 58-301-4 Standard Parking Calculation in the Town Center District
Land Use Classification	Weekday			Weekend
Land Use Classification	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.
Office	5%	100%	5%	0%	15%	0%
Retail and services	0%	100%	80%	0%	100%	60%
Restaurant	20%	70%	100%	30%	75%	100%
Residential	100%	60%	100%	100%	75%	90%
Religious institution	0%	25%	50%	0%	100%	50%

The following procedure is required to calculate the minimum number of shared parking spaces:

Add the resulting sums for each of the six columns.

The minimum parking requirement shall be the highest sum among the six columns resulting from the above calculation.

Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

(5)

(6)

(7)

Hours of operation. Maximum hours of operation for commercial uses shall be as follows unless specifically waived by the planning commission:

Sunday through Thursday, from 6:30 a.m. to 10:00 p.m.

Friday and Saturday, from 6:30 a.m. to 11:00 p.m.

(8)

(9)

(o)

Signage. Table 58-301-5, Signage in the Town Center District, lists all of the permitted and not allowed signage in the Town Center district.

Table 58-301-5 Signage in the Town Center District
Sign Type	Town Center	Specific Design Standards
Awning	P
Decal on glass	P
Hanging sign	P
Raised or painted letters	P
Monument	P
Sandblasted or etched glass	P
Wall-mounted bronze plaques or tablets	P
Backlit	N
Flashing, scrolling or moving	N
Window sign	P	✓
Projecting sign	P	✓
Channel letters	P

P = Permitted.
N = Not permitted.

_____

Dimensional specifications for signs shall be as required by Chapter 16, City of Mequon Sign Code.

(p)

Sec. 58-302. - AC arrival corridor district.

(a)

(b)

(c)

(1)

All conditional uses listed in Table 58-6.

(2)

Any increase in gross floor area through expansion of an existing building or modification of 50 percent or more to the floor plan of an existing multi-tenant building.

(3)

Construction of a new building.

(4)

Any construction of new impervious parking surface area or an increase in impervious parking surface area.

(5)

Any facade modification.

(6)

Any change of use to a single-tenant building if the TC building and site plan review has not occurred at the site in five years from the date of the application for the change in use.

(7)

(d)

(e)

Prohibited uses. Any use not listed as either permitted or conditional in the district shall be prohibited.

(f)

Permitted and conditional uses. Table 58-302-1, Uses in the Arrival Corridor District, lists all the permitted and conditional uses.

Table 58-302-1 Uses in the Arrival Corridor District
Use	Arrival Corridor	Specific Development Standards
Office & Clinic:
Office	P
Medical clinics	P
Financial institutions	P	✓
Institutional & Public Uses:
Public parks	P
Public administrative offices and service buildings	P
Religious institutions	P
Public or private schools	C
Private lodges and clubs	C
Performing arts school and studios
Public parking facilities, non-accessory	C	✓
Residential Uses:
Home occupations	P
Artist's live/work units	P	✓
Bed and breakfast	C	✓
Multiple-family dwellings, eight units per one acre	P	✓
Multiple-family dwellings, nine units to 16* ¹	PUD	✓
Planned residential development	PUD	✓
Retail & Services:
Stationary stores	P
Antiques, collectibles, gift or florists	P	✓
Toy, hobby or game store	P
Luggage and leather goods store	P
Art supply, artistic studios or galleries	P
Camera and photography supply store	P
Music and musical instrument store	P
Apparel and accessories/repair	P
Video stores	P
Bookstores and newsstands	P
Home furnishings and accessories 4,000 sq. ft. or less	P
Bicycle repair and sales	P
Computer and software store	P
Electronic goods store	P
Furniture store	C
Hardware store	C
Garden store	C
Drug store/pharmacy	C	✓
Planned commercial development	PUD	✓
Interior design services	P
Graphic design	P
Paint/wallpaper stores	P
Optical/vision center	P
Dry cleaning and tailors	P
Child daycare facilities and preschools	P	✓
Animal hospitals and veterinary clinics	P	✓
Pet supply stores, pet grooming facilities and pet daycares	C	✓
Photocopying, film development, printing and publishing, packaging store	P
Salon and spa	P
Fitness center	C
Indoor recreation and amusement facilities	C
Theatres, live performances only	C
Farmers market	P	✓
Confectionary (chocolate, ice cream, candy) 2,000 sq. ft.	P
Specialty food stores	P
Tobacco, cigar or nicotine product/e-cigarette shop 2,000 square feet or less	P
Beer, wine or liquor store	P
Grocery store	C
Convenience store w/o gas	C
Gas stations	C	✓
Gas stations with car wash	C	✓
Food & Beverage:
Catering services	P
Bakeries, retail	P
Coffee shop	P	✓
Delicatessen	P	✓
Fast food restaurant, if part of a mixed-use building	P	✓
Sit-down restaurants	P	✓
Nightclubs	C	✓

P = Permitted uses.
C = Conditional uses.
* ¹ = excluding density bonuses per section 58-302(i)(2).

_____

(g)

(h)

Lot dimension requirements.

(1)

All uses. The minimum lot area for all uses, except single-family and two-family dwellings, shall be one acre or 43,560 square feet, and the minimum street frontage shall be 100 feet.

(2)

(3)

(i)

Density bonuses.

(1)

(2)

Historic renovation of a landmark building.

All required parking is provided within the building, entirely below-grade.

Shared parking.

Installation of "green roof" or roof-top patio.

(j)

General district regulations.

(1)

Minimum and maximum gross floor area. All dwelling units shall have a minimum gross floor area of 1,000 square feet and shall have a minimum width of 20 feet. All commercial uses, including shopping centers, shall have a minimum gross floor area of 1,200 square feet per use and a maximum gross floor area of 25,000 square feet per use, except as approved by the planning commission. All buildings shall be limited to a maximum gross floor area of 25,000 square feet, except as approved through a PUD.

(2)

(3)

(k)

Building and parking placement.

(l)

(2)

(3)

(l)

Building composition.

(1)

General design. All buildings shall be designed with four-sided detail, have a distinct base, middle and top and contain features and proportions that are scaled to pedestrians. The base of the building shall be articulated with a horizontal expression line creating a distinct ground level zone of the building. The middle, or mid-section, of the building shall be articulated by surface variations of depth through windows and architectural elements and form an expression line which sets up the building's top. The top portion of the building shall include architectural features of form that provide distinction. In addition to the required windows and principle entrance, the front facade shall include architectural features which emphasize it as the front facade. First floor facades shall maintain open, transparent storefronts and windows subject to technical standards established by the department of community development.

(2)

Service areas are functions that are permitted only as ancillary operations to the principal use. Service areas shall be limited in scale and location within the building and tenant space. Service areas, including, but not limited to, bathrooms, mechanical and storage rooms, closets, staircases, elevators, hallways, private office space and production areas shall be located to the interior of the floor plan as defined by staff. The service area functions do not qualify to activate and engage the public.

(3)

Window area. Required window areas have the following purpose:

Contribute to the overall building composition.

Enhance curb appeal and neighborhood value.

Promote natural surveillance.

Reduce energy consumption through the use of passive solar design.

Display business products and services.

Window area obstructions. The following are permitted window area obstructions:

Permitted window signage. Window signage is a permitted window area obstruction and shall comply with the following design standards:

•

Window signage shall be limited to 33 percent of each individual window area in the occupant's space.

•

Window signage shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

The front of the signage shall face the adjacent walkway.

•

Window signage shall be consistent with and relate to the products, services and brand elements of the occupant's use.

ii.

Window shelving. Window shelving located within four feet from the surface of the window is a permitted window area obstruction and shall comply with the following design standards:

•

Window shelving units shall be limited to 33 percent of the use's aggregate window area as defined in section 58-302(l)(2).

•

Window shelving units and product display shall not obstruct more than 30 percent of the window area measured between four and eight feet in height above the adjacent walkway level.

•

Window shelving units shall be set back eight inches from the surface of the window.

•

The front of the shelving units and products displayed on shelving shall face the adjacent walkway.

iii.

•

Enclosed window displays shall be limited to 33 percent of the use's aggregate window area as defined in section 58-302(l)(2).

•

Only one window pane per use shall be permitted as an enclosed window display.

•

Enclosed window displays shall be internally lit during evening business operating hours. Lighting is subject to the approval of the department of community development.

•

Enclosed window displays shall have a minimum depth of three feet.

•

Displays shall change:

•

At a minimum, seasonally, unless approved by the department of community development.

•

When products or display elements begin to fade or deteriorate in appearance.

•

Enclosed window displays shall be maintained in a clean, clutter free manner.

•

All mechanical equipment shall be disguised from public view.

Prohibited window area obstructions. The following window area obstructions and obstructions similar to the following as determined by the planning commission, are prohibited:

•

Protective grilles.

•

Window bars.

•

Metal or similar material roll down screens or gates Reflective, dark tinted or frosted glass.

•

Materials not otherwise permitted in this section that block visibility through windows into first floor occupant spaces along streets, walkways, plazas or parking areas.

•

Backs of signs or backs of shelving units.

•

Medical and institutional uses.

•

Specialty food retailers.

•

Theatres.

•

Parking garages.

•

Others as approved by planning commission.

(4)

Table 58-302-2 Building Materials in the Arrival Corridor District
Materials	Arrival Corridor	Specific Design Standards
Primary:
Common size brick	P
Special size brick	P	✓
Limestone	P
Fieldstone	P
Lannonstone	P
Pre-cast stone	P	✓
Pre-cast concrete	N
Secondary:
Pre-cast stone	P	✓
Pre-cast concrete	N
Terra cotta	P	✓
Stucco	P	✓
Wood siding	P	✓
Ornamental metals	P	✓
Decorative concrete block	P	✓
Plain or glazed concrete block	N

P = Permitted.
N = Not permitted.

(5)

(m)

Building height and roofing.

(1)

Height. The maximum building height shall be two and one half stories but shall be no more than 42 feet in height.

(2)

Roof forms and materials. Table 58-302-3, Roof Forms and Materials in the Arrival Corridor District, lists all of the roof forms and materials permitted and not allowed.

Table 58-302-3 Roof Forms & Materials in the Arrival Corridor District
	Arrival Corridor	Specific Design Standards
Roof Forms:
Gabled	P	✓
Hip	P	✓
Flat	P	✓
Combined	P	✓
Gambrel	N
Mansard	N
Roof Materials:
Clay tiles	P
Wood shingles	P
Slate	P
Asphalt shingles	P
Metal tiles	P
Copper-coated	P
Terre metal	P
Painted metal	P	✓
Cement tiles	P	✓
PVC	N
Rubber	N
Tar	N
Bitumen	N

P = Permitted.
N = Not permitted.

_____

(3)

Exceptions. The height limitations of the principal structures, except single-family and two-family dwellings, located in the district may be increased to a maximum of three and one-half stories subject to a conditional use grant. In addition to the conditional use grant standards, the planning commission shall consider, but not limited to, the following factors when determining height:

Access to light and air of surrounding properties.

Shadowing of residential properties or significant public spaces.

The scale and character of the surrounding uses.

Preservation of significant open spaces, water bodies or landmark buildings.

(n)

Building and site plan review requirements.

(1)

(2)

Vehicular access. Vehicular access and circulation shall be designed to minimize conflicts with pedestrian traffic and surrounding residential uses. Curb cuts shall be consolidated wherever possible.

(3)

(4)

Shared parking calculations. The planning commission may authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of peak operation do not overlap. Table 58-302-4, Shared Parking Calculations, lists the land use classification and the peak and low operating hours to calculate shared parking.

Table 58-302-4 Standard Parking Calculation in the Arrival Corridor District
Land Use Classification	Weekday			Weekend
Land Use Classification	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.	1:00 a.m.—7:00 a.m.	7:00 a.m.—6:00 p.m.	6:00 p.m.—1:00 a.m.
Office	5%	100%	5%	0%	15%	0%
Retail and services	0%	100%	80%	0%	100%	60%
Restaurant	20%	70%	100%	30%	75%	100%
Residential	100%	60%	100%	100%	75%	90%
Religious institution	0%	25%	50%	0%	100%	50%

The following procedure is required to calculate the minimum number of shared parking spaces:

Add the resulting sums for each of the six columns.

The minimum parking requirement shall be the highest sum among the six columns resulting from the above calculation.

Select the time period with the highest total parking requirement and use that total as the shared parking requirement.

(5)

(6)

(7)

Hours of operation. Maximum hours of operation for commercial uses shall be as follows unless specifically waived by the planning commission:

Sunday through Thursday, from 6:30 a.m. to 10:00 p.m.

Friday and Saturday, from 6:30 a.m. to 11:00 p.m.

(8)

(9)

(o)

Signage. Table 58-302-5, Signage in the Arrival Corridor District, lists all of the permitted and not allowed signage.

Table 58-302-5 Signage in the Arrival Corridor District
Sign Type	Arrival Corridor	Specific Design Standards
Awning	P
Decal on glass	P
Hanging sign	P
Raised or painted letters	P
Monument	P
Sandblasted or etched glass	P
Wall-mounted bronze plaques or tablets	P
Backlit	N
Flashing, scrolling or moving	N
Window sign	P	✓
Projecting sign	P	✓
Channel letters	P