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Ontonagon City Zoning Code

ARTICLE 6

- SCHEDULE OF REGULATIONS—TRADITIONAL ZONING DISTRICTS

SECTION 6.1. - R-1 RESIDENTIAL DISTRICT (R-1)

6.1.1

Intent and guiding principles (R-1). The R-1 Residential district (R-1) provides for single-family residential development and open space preservation development (also conservation subdivision and cluster development) in areas that transition to open and wooded areas in the neighboring Township. This district is meant to support a more rural setting preserving natural landscape features and open space. This district encourages cluster development preserving at least twenty (20) percent of the site as dedicated open space (and preferably more). This District also allows for food production and limited agricultural pursuits close to urban areas to enhance food security.

6.1.2

District use standards (R-1). Use standards for the R-1 district are illustrated in Table 6-1. Uses not listed but of the same general character as those permitted will be interrupted by the Zoning Board of Appeals. Conditional and Special Land Use standards are located in Article 9 and in Article 14.

Table 6-1 Permitted Uses in the R-1 Residential District

R-1 Residential District
Permitted By-Right, With Conditions, or as a Special Land Use
UsesUses By-Right
and with
conditions
(P) & (C)
*As defined in Table 4-1
Development RequirementsSpecial Land
Uses (S)
or (PUD)
*As defined by Table 4-1
Development Requirements
Agricultural Service Establishments Animal Services: with Unenclosed Outdoor Confinement Special Use:
See Article 9
Commercial Agriculture
or Horticulture
All listings in Table 4-1 except large scale
composting or
industrial/intensive agriculture
Conditions:
See Article 9
Small Scale
Food Production
& Urban
Agriculture
Accessory apiary;
Farmer's Markets—Whole Food Stands
Conditions:
See Article 9
Gardens and Orchards in a required yards; Green houses and aquaculture systems;
Community and Urban Gardens
Permitted
Commercial &
Commercial Services
Bed & Breakfast
Establishments
—Tourist Homes
Conditions:
See Article 9
Organized Camps
and Campgrounds
Conditions:
See Article 9
Outdoor
Commercial
Recreation &
Entertainment
per Table 4-1
Special Use:
See Article 9
Home
Occupations
Conditions:
See Article 9
Resorts Planned Unit Development
Institutional Educational Institutions Conditions:
See Article 9
Social
Institutions per Table 4-1
Conditions:
See Article 9
Public Essential Services Permitted Public Buildings & Related
Facilities, including Trails (except roadside parks, public parks, and playgrounds)
Special Use:
See Article 9
Public Parks, including Roadside Parks and playgrounds Permitted
Light Utility
and Public
Service
Installations
(does not
include heavy)
Special Use:
See Article 9
WECS towers
up to and
including 80
feet in height
Special Use:
See Article 9
Residential Services Single Family Housing Types Permitted Mobile Home Park,
Manufactured
Housing
Community
Temporary Dwellings Conditions:
See Article 9 and Article 5
Planned Unit Development Special Use:
See Article 9
Seasonal Cabins and Camps for Single-Family Occupancy Permitted ECHO Units (Accessory dwelling units) Special Use:
See Article 10
Small child care centers, family and group child care homes,
adult foster care
family and group
homes, foster
family group
homes, state licensed
residential
facility.
Permitted Open Space Preservation &
Cluster
Developments
Special Use:
See Article 9
Accessory Uses Decks, Patios, Gazebos; Freestanding Flagpoles; Greenhouses or Aquaculture Systems; Garages or
Carports;
Outdoor
fireplaces;
Storage or
Service
Buildings or
Sauna
Permitted according to standards contained in Article 5 and District Standards Accessory Dwelling Units Special Use:
See Article 9
Amateur radio & TV Antennas; gardens and orchards in required yards Conditions:
See Article 5
Accessory apiary;
Bus Shelters;
Food Stands;
Accessory;
Home
Occupations;
Pole barns;
Outdoor
Swimming Pools
Conditions:
See Article 5

 

6.1.3

Development requirements (R-1).

6.1.3.1

Lot configuration standards (R-1).

6.1.3.1.A

Minimum lot size. Minimum lot size in the R-1 district is as follows:

Single-lot development—23,500 square feet

Qualifying Open Space Preservation Development—10,000 square feet (presuming an appropriate water and wastewater treatment system is approved, and all standards of Section 5.4.6 and Section 9.3.6.2.B are met).

6.1.3.1.B

Minimum lot width. Minimum lot width in the R-1 district is as follows:

Single-lot development—one-hundred (100) feet

Qualifying Open Space Preservation Development—Seventy-five (75) feet

6.1.3.1.C

Front setback. Minimum front setback in the R-1 district is twenty (20) feet. There is no maximum front setback in the R-1 district for a single-lot development. Qualifying Open Space Preservation Developments have a maximum setback of thirty (30) feet.

6.1.3.1.D

Side yard. Minimum side yard in the R-1 district is eight (8) feet.

6.1.3.1.E

Rear yard. Minimum rear yard in the R-1 district is as follows:

Single-lot development—Twenty-five (25) feet

Qualifying Conservation Development—Twenty (20) feet

The Zoning Administrator may authorize an administrative departure for up to five (5) feet in a rear yard setback to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition.

6.1.3.1.F

Maximum lot coverage. Maximum lot coverage in the R-1 district is as follows:

Single-lot development—Twenty-five (25) percent

Qualifying Open Space Preservation Development—Thirty-five (35) percent

6.1.3.1.G

Maximum impervious surface coverage. Maximum impervious surface coverage in the R-1 district is as follows:

Single-lot development—Forty (40) percent

Qualifying Open Space Preservation Development—Fifty (50) percent

6.1.3.2

Principle structure standards (R-1).

6.1.3.2.A

Maximum height. Maximum permitted height in the R-1 district is two and a half (2.5) stories or thirty-five (35) feet.

6.1.3.2.B

Minimum floor area per unit. Minimum floor area in the R-1 district is as follows:

Single-lot development—1,100 square feet per single unit

Qualifying Open Space Preservation Development—900 square feet per single unit

6.1.3.3

Accessory structure standards (R-1).

6.1.3.3.A

Maximum height. The maximum permitted height of accessory structures in the R-1 district is twenty-four (24) feet with the minimum setbacks as listed in Section 6.1.3.3.B below. However, an accessory structure with an accessory dwelling unit in the R-1 district may be up to thirty-five (35) feet in height, provided that the structure is setback from all lot lines an additional foot for each foot in height over twenty-four (24) feet.

6.1.3.3.B

Minimum setback from lot lines.

(1)

Front Lot Line—Accessory structures shall be setback at least ten (10) feet front the front lot line.

(2)

Side Lot Lines—Accessory structures must be placed a minimum distance of eight (8) feet from the side lot line.

(3)

Rear Lot Line—Accessory structures must be placed a minimum distance of ten (10) feet from the rear lot line.

6.1.3.3.C

Miscellaneous accessory provisions. No detached accessory structure shall be closer than ten (10) feet to a principle structure.

6.1.4

Miscellaneous provisions (R-1).

6.1.4.1

Riparian protection standards (R-1).

6.1.4.1.A

Setbacks adjacent to lake superior. For properties adjacent to Lake Superior, the following setback requirements shall apply (this does not apply to pump houses, recreational docks, stormwater and erosion control devices, picnic tables, benches, recreational watercraft, wooden stairways, and unpaved walkways):

(1)

No structure shall be allowed within seventy-five (75) feet of the ordinary high water mark;

(2)

On lots with coastal wetlands, a setback of seventy-five (75) feet shall be maintained from the wetland's edge.

(3)

If a greater setback is required under the provisions of any state or federal law than is required by this section, then such greater setback requirement shall apply.

(4)

Where the imposition of the setbacks above precludes the location of a dwelling or other primary structure, the applicant may request a variance according to the procedures in Article 14, however, no variance shall be granted for any use or structure in violation of the intent and purpose of this Section.

6.1.4.1.B

Setbacks from riparian (river or stream) systems. For properties adjacent to rivers and streams in this district, structures shall be setback seventy-five (75) feet from the edge of the active channel of the water course.

6.1.4.1.C

Special use standards. The following land uses are designated as potential water pollution hazards, and must be set back from any stream or waterbody by the specified distance, provided they are a permitted use in this district (see additional standards for conditional or special uses in Article 9):

(1)

Storage of hazardous substances—Setback one-hundred fifty (150) feet

(2)

Above ground or underground petroleum storage facilities—Setback one-hundred fifty (150) feet

(3)

Drain fields from onsite sewage disposal and treatment systems (i.e., septic systems)—Setback one-hundred (100) feet

(4)

Raised septic systems—Setback two-hundred fifty (250) feet

(5)

Solid waste landfills or junkyards—Setback three-hundred (300) feet

(6)

Subsurface discharges from a wastewater treatment plant—Setback one-hundred (100) feet

(7)

Land application of biosolids—Setback one-hundred (100) feet

(8)

Compost piles and manures/fertilizers shall not be located within the prescribed waterfront setback.

6.1.4.1.D

Riparian buffer zones. A riparian buffer for a stream or river system shall consist of a vegetated strip of land at least fifty (50) foot wide extending along both sides of the water course, and including adjacent wetlands or steep slopes. The buffer shall consist of two distinct zones, configured as follows:

(1)

Zone 1: Streamside Zone

The Streamside Zone begins at the edge of the active channel of the water course and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.1.4.1.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Vegetation shall not be altered, compacted, or built upon in this area, except that individual trees that must be cut due to disease shall be replaced.

(2)

Zone 2: Outer Zone

Zone 2: Outer Zone, begins at the outer edge of the Streamside Zone and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.1.4.1.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

e.

Surfaced biking or hiking paths

f.

Approved stormwater management facilities

g.

Approved recreation facilities

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Mature tree cover may be removed, however, the shrub and herbaceous ground cover layers shall be retained to allow infiltration of run-off.

6.1.4.1.E

Extensions to riparian buffer zones. The fifty (50) foot combined buffer zone above shall be extended to include wetlands or steep slopes as follows:

(1)

Wetlands. When wetlands are present, the width of the Streamside Zone shall be increased beyond the standards in Section 6.1.4.1.D.1 to include the extent of the wetland plus twenty (20) feet beyond the wetland edge.

(2)

Percent slope. The riparian buffer width shall be modified if steep slopes are within close proximity to the stream and drain into the stream system. The following extensions shall be added to the standard fifty (50) foot buffer in relation to slope.

a.

Slopes of fifteen (15) to seventeen (17) percent, add ten (10) feet for a total buffer width of sixty (60) feet.

b.

Slopes of eighteen (18) to twenty (20) percent, add thirty (30) feet for a total buffer width of eighty (80) feet.

c.

Slopes of twenty-one (21) percent or more, add fifty (50) feet for a total buffer width of one-hundred (100) feet.

6.1.4.1.F

Lighting standards.

(1)

Lighting shall not be directed into the riparian buffer area so that natural migrating, feeding, and breeding habits of wildlife shall not be disrupted.

(2)

Paths or gardens shall be lighted sparingly with the lowest amount of light necessary to see foliage and terrain, bulbs will be shielded, and lights will be turned off when the area is not in use.

6.1.4.1.G

Public faculties and use standards.

(1)

Except for unpaved footpaths for public access to a water body, trails shall not be placed between the tops of banks of water bodies.

(2)

The placement of breakwalls, seawalls, bulkheads, broken concrete or other rubble, rock riprap, or other shoreline hardening along the shorelines shall be prohibited. The installation and use of bioengineering and biotechnical shoreline stabilization approaches with pervious surfaces for boat ramps is encouraged.

SECTION 6.2. - R-2 RESIDENTIAL DISTRICT (R-2)

6.2.1

Intent and guiding principles (R-2). The R-2 Residential district (R-2) provides for single-family residential development in the transition areas between denser urban neighborhoods and the outlying rural residential areas. The district is intended to preserve the existing character of the neighborhoods and to guide redevelopment in a manner which is consistent and compatible with this form. Although less urban in nature, pedestrian infrastructure, whether sidewalks or trail systems, is important to connect these neighborhoods to amenities and services.

6.2.2

District use standards (R-2). Use standards for the R-2 district are illustrated in Table 6-2. Uses not listed but of the same general character as those permitted will be interrupted by the Zoning Board of Appeals. Conditional and Special Land Use standards are located in Article 9 and in Article 14.

TABLE 6-2. PERMITTED USES IN THE R-2 RESIDENTIAL DISTRICT

R-2 Residential District
Permitted By-Right, With Conditions, or as a Special Land Use
UsesUses By-Right
and with
conditions
(P) & (C)
*As defined in Table 4-1
Development RequirementsSpecial Land
Uses (S) or
(PUD)
*As defined by Table 4-1
Development Requirements
Small Scale Food Production & Urban Ag Accessory gardens and orchards in required yards;
Accessory greenhouses and aquaculture systems;
Community gardens and urban gardens as principle use
Permitted
Commercial &
Commercial Services
Bed & Breakfast
Establishments;
Tourist Homes
Conditions:
See Article 9
Home
Occupations
Conditions:
See Article 9
Institutional Educational Institutions Conditions:
See Article 9
Public Essential Services Permitted Public Buildings & Related
Facilities,
including Trails
(except
roadside parks,
public parks,
and
playgrounds)
Special Use:
See Article 9
Public Parks including Roadside Parks Permitted
Light Utility
and Public Service
Installations
(does not
include heavy)
Special Use:
See Article 9
Residential Services Multifamily Dwellings Conditions:
See Article 9
ECHO Units (accessory
dwelling unit)
Special Use:
See Article 9
Single Family Housing Types Permitted
Temporary Dwellings Conditions:
See Article 5
Small child care centers, family and group child care homes, adult foster care family and group homes, foster family group homes, state licensed
residential
facility.
Permitted
Tourist Homes/Bed & Breakfast Conditions:
See Article 9
Two-Family Dwellings Permitted
Accessory Uses Decks, Patios, Gazebos;
Freestanding Flagpoles;
Accessory
Greenhouses or
Aquaculture
Systems;
Garages or Carports;
Outdoor fireplaces;
Storage or
Service
Buildings
or Sauna
Permitted according to standards contained in Section 5.2, 5.3 Accessory Dwelling Units Special Land
Use:
See Section 9.4.1
Amateur radio & TV Antennas; Conditions:
See Section 5.2, and 5.4
Bus Shelters;
Home
Occupations;
Outdoor
Swimming
Pools
Conditions:
See Section 9

 

6.2.3

Development requirements (R-2).

6.2.3.1

Lot configuration standards (R-2).

6.2.3.1.A

Minimum lot size. Minimum lot size in the R-2 district varies according to use as follows:

(1)

Single-Family Residential—Five thousand (5,000) square feet

(2)

Duplexes—Eight thousand (8,000) square feet

(3)

Multifamily Residential—Ten thousand (10,000) square feet

(4)

Nonresidential or Mixed-Use—Five thousand (5,000) square feet

6.2.3.1.B

Minimum lot width. Minimum lot width in the R-2 district varies according to use as below:

(1)

Single-Family Residential—Fifty (50) feet

(2)

Duplexes—Seventy-five (75) feet

(3)

Multifamily Residential—Seventy-five (75) feet

(4)

Nonresidential or Mixed-Use—Fifty (50) feet

6.2.3.1.C

Front setback.

Minimum front setback in the R-2 district is twenty (20) feet. Maximum front setback in the R-2 district is thirty-five (35) feet.

When the existing front setback of all adjacent principle structures facing the same street are greater than the maximum front setback, then the maximum front setback shall be no greater than the average of the existing front setback of the adjacent principle structures.

6.2.3.1.D

Side yard. Minimum side yard in the R-2 district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Five (5) feet

(2)

Multifamily Residential—Eight (8) feet

(3)

Nonresidential or Mixed-Use—Eight (8) feet

6.2.3.1.E

Rear yard. Minimum rear yard in the R-2 district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Twenty (20) feet

(2)

Multifamily Residential—Twenty-five (25) feet

(3)

Nonresidential or Mixed-Use—Twenty (20) feet

The Zoning Administrator may authorize an administrative departure for up to five (5) feet in a rear yard setback to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition.

6.2.3.1.F

Maximum lot coverage. Maximum lot coverage in the R-2 district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Thirty-five (35) percent

(2)

Multifamily Residential—Forty (40) percent

(3)

Nonresidential or Mixed-Use—Fifty (50) percent

6.2.3.1.G

Maximum impervious surface coverage. Maximum impervious surface coverage in the R-2 district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Fifty (50) percent

(2)

Multifamily Residential—Fifty-five (55) percent

(3)

Nonresidential or Mixed-Use—Sixty-five (65) percent

6.2.3.2

Principle structure standards (R-2).

6.2.3.2.A

Maximum height. The maximum permitted height in the R-2 district varies per use as follows:

(1)

Single Family residential and duplexes—Two and a half (2.5) stories or thirty-five (35) feet

(2)

All other uses—Two (2) stories or thirty-five (35) feet

6.2.3.2.B

Minimum floor area per unit. The minimum floor area per unit in the R-2 district varies per use as follows:

(1)

Single Family residential—Nine-hundred (900) square feet per single unit

(2)

Duplex—Eight-hundred (800) square feet per single unit

(3)

Multi-Unit Dwelling—Seven-hundred (700) feet per single unit

(4)

There is no minimum floor area per unit for nonresidential or mixed uses.

6.2.3.3

Accessory structure standards (R-2).

6.2.3.3.A

Maximum height. The maximum permitted height of accessory structures in the R-2 district is twenty-four (24) feet with the minimum setbacks as listed in Section 6.2.3.3.B below. However, accessory structures with accessory dwelling units in the R-2 district may be up to thirty-five (35) feet in height, provided that the structure is setback from all lot lines an additional foot for each foot in height over twenty-four (24) feet.

6.2.3.3.B

Minimum setback from lot lines.

(1)

Front Lot Line—Accessory structures are not allowed in the front setback area. The front setback of accessory structures must be equal to or greater than that of the principle structure on the site.

(2)

Side Lot Lines—Accessory structures must be placed a minimum distance of three (3) feet from the side lot line.

(3)

Rear Lot Line—Accessory structures must be placed a minimum distance of ten (10) feet from the rear lot line, except that they may be located as close as three (3) feet to a rear lot line when the rear lot line is co-terminus with an alley.

6.2.3.3.C

Maximum size of accessory structures. Accessory structures in the R-2 district shall be no larger than the building footprint of the principle dwelling.

6.2.3.3.D

Miscellaneous accessory provisions. No detached accessory structure shall be closer than eight (8) feet to a principle structure.

6.2.4

Miscellaneous provisions (R-2).

6.2.4.1

Off-street parking and loading zone standards (R-2). All mixed-use developments which provide automobile parking facilities shall provide bicycle parking facilities (racks) at a ratio of at least one (1) bicycle parking space for every five (5) automobile parking spaces.

6.2.4.2

Streetscape standards (R-2).

6.2.4.2.A

Proposed developments that create new streets shall place utility lines underground.

6.2.4.2.B

The developer shall install sidewalks according to Village standards. Sidewalks shall be separated from the roadway to protect pedestrians from the spray of slush and water from passing cars.

6.2.4.3

Riparian protection standards (R-2).

6.2.4.3.A

Setbacks adjacent to lake superior. For properties adjacent to Lake Superior, the following setback requirements shall apply (this does not apply to pump houses, recreational docks, stormwater and erosion control devices, picnic tables, benches, recreational watercraft, wooden stairways, and unpaved walkways):

(1)

No structure shall be allowed within seventy-five (75) feet of the ordinary high water mark;

(2)

On lots with coastal wetlands, a setback of seventy-five (75) feet shall be maintained from the wetland's edge.

(3)

If a greater setback is required under the provisions of any state or federal law than is required by this section, then such greater setback requirement shall apply.

(4)

Where the imposition of the setbacks above precludes the location of a dwelling or other primary structure, the applicant may request a variance according to the procedures in Article 14, however, no variance shall be granted for any use or structure in violation of the intent and purpose of this Section.

6.2.4.3.B

Setbacks from riparian (river or stream) systems. For properties adjacent to rivers and streams in this district, structures shall be setback seventy-five (75) feet from the edge of the active channel of the water course.

6.2.4.3.C

Special use standards. The following land uses are designated as potential water pollution hazards, and must be set back from any stream or waterbody by the specified distance, provided they are a permitted use in this district (see additional standards for conditional or special uses in Article 9):

(1)

Storage of hazardous substances—Setback one-hundred fifty (150) feet

(2)

Above ground or underground petroleum storage facilities—Setback one-hundred fifty (150) feet

(3)

Drain fields from onsite sewage disposal and treatment systems (i.e., septic systems)—Setback one-hundred (100) feet

(4)

Raised septic systems—Setback two-hundred fifty (250) feet

(5)

Solid waste landfills or junkyards—Setback three-hundred (300) feet

(6)

Subsurface discharges from a wastewater treatment plant—Setback one-hundred (100) feet

(7)

Land application of biosolids—Setback one-hundred (100) feet

(8)

Compost piles and manures/fertilizers shall not be located within the prescribed waterfront setback.

6.2.4.3.D

Riparian buffer zones. A riparian buffer for a stream or river system shall consist of a vegetated strip of land at least fifty (50) foot wide extending along both sides of the water course, and including adjacent wetlands or steep slopes. The buffer shall consist of two distinct zones, configured as follows:

(1)

Zone 1: Streamside Zone

The Streamside Zone begins at the edge of the active channel of the water course and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.2.4.3.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Vegetation shall not be altered, compacted, or built upon in this area, except that individual trees that must be cut due to disease shall be replaced.

(2)

Zone 2: Outer Zone

Zone 2: Outer Zone, begins at the outer edge of the Streamside Zone and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.2.4.3.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

e.

Surfaced biking or hiking paths

f.

Approved stormwater management facilities

g.

Approved recreation facilities

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Mature tree cover may be removed, however, the shrub and herbaceous ground cover layers shall be retained to allow infiltration of run-off.

6.2.4.3.E

Extensions to riparian buffer zones. The fifty (50) foot combined buffer zone above shall be extended to include wetlands or steep slopes as follows:

(1)

Wetlands. When wetlands are present, the width of the Streamside Zone shall be increased beyond the standards in Section 6.2.4.3.D.1 to include the extent of the wetland plus twenty (20) feet beyond the wetland edge.

(2)

Percent Slope. The riparian buffer width shall be modified if steep slopes are within close proximity to the stream and drain into the stream system. The following extensions shall be added to the standard fifty (50) foot buffer in relation to slope.

a.

Slopes of fifteen (15) to seventeen (17) percent, add ten (10) feet for a total buffer width of sixty (60) feet.

b.

Slopes of eighteen (18) to twenty (20) percent, add thirty (30) feet for a total buffer width of eighty (80) feet.

c.

Slopes of twenty-one (21) percent or more, add fifty (50) feet for a total buffer width of one-hundred (100) feet.

6.2.4.3.F

Lighting standards.

(1)

Lighting shall not be directed into the riparian buffer area so that natural migrating, feeding, and breeding habits of wildlife shall not be disrupted.

(2)

Paths or gardens shall be lighted sparingly with the lowest amount of light necessary to see foliage and terrain, bulbs will be shielded, and lights will be turned off when the area is not in use.

6.2.4.3.G

Public facilities and use standards.

(1)

Except for unpaved footpaths for public access to a water body, trails shall not be placed between the tops of banks of water bodies.

(2)

The placement of break walls, seawalls, bulkheads, broken concrete or other rubble, rock riprap, or other shoreline hardening along the shorelines shall be prohibited. The installation and use of bioengineering and biotechnical shoreline stabilization approaches with pervious surfaces for boat ramps is encouraged.

SECTION 6.3. - WATERFRONT MIXED-USE DISTRICT (W-MU)

6.3.1

Intent and guiding principles (W-MU). This District maintains, foremost, a connection with the public waterfront while serving as a link between Downtown and Village neighborhoods. Also it will provide uniform uses on both sides of the waterfront. As such, development must respect, maintain, and enhance public access to the waterfront and be carried out in a way to avoid negative impact on the environment. Development is compact and oriented to the pedestrian, and illustrates a moderately dense, urban form consistent with Downtown, yet unique in the preservation of connected open space and view corridors.

6.3.2

District use standards (W-MU). Use standards for the W-MU District are illustrated in Table 6-3. Uses not listed but of the same general character as those permitted will be interrupted by the Zoning Board of Appeals. Conditional and Special Land Use standards are located in Article 9 and in Article 14.

Table 6-3 Permitted Uses in the Waterfront Mixed-Use District

Waterfront Mixed-Use District
Permitted By-Right, With Conditions, or as a Special Land Use
UsesUses By-Right
and with
conditions
(P) & (C)
*As defined in Table 4-1
Development RequirementsSpecial Land
Uses (S) or
(PUD)
*As defined by Table 4-1
Development Requirements
Agricultural Service Establishments Animal Services:
Completely;
indoor facilities.
Animal Hospitals;
or shelters,
commercial;
kennels,
veterinary;
services.
Conditions:
See Article 9
Animal Services:
with unenclosed;
outdoor;
confinement.
Animal Hospitals;
or shelters,
commercial
kennels,
veterinary services.
Special Use:
See Article 9
Commercial Agriculture or Horticulture All listing in Table 4-1
except large
scale
composting or;
industrial;
scale/intensive;
agriculture.
Conditions:
See Article 9
Small Scale Food Production & Urban Ag Accessory gardens and orchards in required yards;
Greenhouses and aquaculture systems;
Community gardens and urban gardens as principal use
Permitted
Accessory apiary;
Farmer's Markets-Food Stands
Conditions:
See Article 9
Commercial &
Commercial Services
Business Service Establishments Permitted Resorts Planned Unit Development
Convenience Retail
Establishments
Permitted Large Scale
Retail
Establishments,
Building
Materials
Sales,
Warehouse Store or mobile and manufactured home sales.
Special Use:
See Article 9
Food and Drink Establishments Permitted
All General
Retail
Establishments
except Large
Scale Retail
Establishments,
Building
Materials Sales,
Warehouse Store or
mobile and
manufactured
home sales.
Permitted All Outdoor Commercial Recreation & Entertainment Establishments except Animal Racing, Automobile, go-kart, snowmobile and Motorcycle Race Tracks and events. Special Use:
See Article 9
Indoor Entertainment Establishments Permitted
Bed and
Breakfast
Establishments,
Tourist Homes
Permitted
Organized Camps and Campgrounds Conditions:
See Article 9
Hotels, Motels, Auto Courts, Residence Inns. Permitted
Medical Service Establishments except large Hospitals. Permitted All Motorized
Vehicle Sales
and Service
Establishments
(EXCEPT sales/rental of new
and used
vehicles, motor
homes, and
recreational vehicles and trailers; and gasoline and auto service
station)
Special Use:
See Article 9
Mixed-Use Developments Permitted
Office
Establishments
Permitted
Home
Occupations
Conditions:
See Article 9
All Personal
Service
Establishments
EXCEPT Funeral Services, Crematoria, and Marihuana Related
Businesses
Permitted
Light and Medium Repair Services Permitted
Research & Development Establishments Permitted
Tourist Service Establishments Permitted
Industrial & Warehousing Uses Boat works, Custom
Building,
Repair, Storage
Special Use:
See Article 9
Light and Heavy Manufacturing Establishments Special Use:
See Article 9
Self-Service Storage
Facilities and
Rental Storage
Units.
Special Use:
See Article 9
Institutional Educational Institutions Conditions:
See Article 9
Religious Institutions Conditions:
See Article 9
Public Essential Services Permitted Public Buildings
& Related
Facilities,
including Trails
(except roadside
parks, public
parks, and
playgrounds)
Special Use:
See Article 9
Public Parks, including Roadside Parks and playgrounds Permitted
WECS towers up to 80 feet in height Conditions:
See Article 9
Light Utility
and Public
Service
Installations
(does not
include heavy)
Special Use:
See Article 9
Residential Services Institutions for Human Care & Habitation Conditions:
See Article 9
ECHO Units Special Use:
See Article 9
Community Residential Care Facilities Conditions:
See Article 9
Multifamily Dwellings Conditions:
See Article 9
Open Space
Preservation &
Cluster
Developments
Special Use:
See Article 5, Article 9, and District Standards
Single Family Housing Types Permitted
Temporary Dwellings Conditions:
See Article 9
Small child care centers, family and group child care homes, adult foster care family and group homes, foster family group homes, state licensed residential
facility.
Permitted Planned Unit Development Special Use:
See Article 10
Tourist Home/Bed & Breakfast Establishments Permitted
Two-Family Dwellings Permitted
Accessory Uses Boathouses and Hoists; gardens and orchards in required yards; Accessory Greenhouses or Aquaculture Systems; Decks, Patios, Gazebos; Freestanding Flagpoles; Garages or Carports; Outdoor fireplaces; Outdoor Food & Beverage Service; Shelter for Domestic Animals;
Storage or
Service
Buildings or
Sauna
Permitted according to standards contained in Article 5 and District Standards Accessory Dwelling Units Special Use:
See Article 9
Amateur radio & TV Antennas; Accessory apiary; Conditions:
See Article 5
Bus Shelters; Outdoor Display and Sales Areas; Food Stands; Home
Occupations;
Pole Barns; Outdoor
Swimming Pools
Conditions:
See Article 9

 

6.3.3

Development requirements (W-MU).

6.3.3.1

Lot configuration standards (W-MU).

6.3.3.1.A

Minimum lot size. Minimum lot size in the W-MU district varies according to use as below:

(1)

Single-Family Residential—Three thousand seven hundred and fifty (3,750) square feet

(2)

Duplexes—Five thousand (5,000) square feet

(3)

Multifamily Residential—Five thousand (5,000) square feet

(4)

Nonresidential or Mixed-Use—Four thousand (4,000) square feet

6.3.3.1.B

Minimum lot width. Minimum lot width in the W-MU district varies according to use as below:

(1)

Single-Family Residential—Fifty (50) feet

(2)

Duplexes—Seventy-five (75) feet

(3)

Multifamily Residential—Fifty (50) feet

(4)

Nonresidential or Mixed-Use—Forty (40) feet

6.3.3.1.C

Front setback.

Minimum front setback in the W-MU district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Ten (10) feet from the street right-of-way and fifty (50) feet from the Ordinary High Water Mark.

(2)

Multifamily Residential—Ten (10) feet from the street right-of-way and fifty (50) feet from the Ordinary High Water Mark.

(3)

Nonresidential or Mixed-Use—There is no minimum front setback from the street right-of-way and a fifty (50) feet setback from the Ordinary High Water Mark.

The maximum front setback in the W-MU district for all uses is twenty (20) feet from the street right-of-way, except that when the existing front setback of all adjacent principle structures facing the same street are greater than the maximum front setback, then the maximum front setback shall be no greater than the average of the existing front setback of the adjacent principle structures.

There is no maximum front setback from the Ordinary High Water Mark.

6.3.3.1.D

Side yard. Minimum side yard in the W-MU district is eight (8) feet (this does not apply to attached buildings).

6.3.3.1.E

Rear yard. Minimum rear yard in the W-MU district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Fifteen (15) feet

(2)

Multifamily Residential—Fifteen (15) feet

(3)

Nonresidential or Mixed-Use—Ten (10) feet

The Zoning Administrator may authorize an administrative departure for up to five (5) feet in a rear yard setback to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition.

6.3.3.1.F

Maximum lot coverage. Maximum lot coverage in the W-MU district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Sixty (60) percent

(2)

Multifamily Residential—Seventy (70) percent

(3)

Nonresidential or Mixed-Use—Seventy-five (75) percent

6.3.3.1.G

Maximum impervious surface coverage. Maximum impervious surface coverage in the W-MU district varies according to use as below:

(1)

Single-Family Residential and Duplexes—Seventy (70) percent

(2)

Multifamily Residential—Eighty (80) percent

(3)

Nonresidential or Mixed-Use—Eighty (85) percent

6.3.3.2

Principal structure standards (W-MU).

6.3.3.2.A

Maximum height. The maximum permitted height in the W-MU district varies per use as follows:

(1)

Single Family residential and duplexes—Two and a half (2.5) stories or thirty-five (35) feet

(2)

All other uses—Two (2) stories or thirty-five (35) feet

6.3.3.2.B

Minimum floor area per unit. The minimum floor area per unit in the W-MU district varies per use as follows:

(1)

Single Family residential—Eight-hundred (800) square feet per single unit

(2)

Duplex—Nine-hundred (900) square feet per single unit

(3)

Multi-Unit Dwelling—Five-hundred (500) feet per single unit

(4)

There is no minimum floor area per unit for nonresidential or mixed uses.

6.3.3.3

ACCESSORY STRUCTURE STANDARDS (W-MU).

6.3.3.3.A

Maximum height. The maximum permitted height of accessory structures in the W-MU district is twenty-four (24) feet with the minimum setbacks as listed in Section 6.2.3.3.B below. However, accessory structures with accessory dwelling units in the W-MU district may be up to thirty-five (35) feet in height, provided that the structure is setback from all lot lines an additional foot for each foot in height over twenty-four (24) feet.

6.3.3.3.B

Minimum setback from lot lines.

(1)

Front/Rear Lot Line—Accessory structures are allowed in the front setback area that is not adjacent to the shoreline, preferably as close to a road as possible to reduce the amount of impervious surfaces. Accessory structures must be placed a minimum distance of fifty-five (55) feet from a shoreline in the front yard area.

(2)

Side Lot Lines—Accessory structures must be placed a minimum distance of eight (8) feet from the side lot line.

(3)

Rear Lot Line—Accessory structures in rear yards (for properties not adjacent to the shore) must be placed a minimum distance of ten (10) feet from the rear lot line, except that they may be located as close as three (3) feet to a rear lot line when the rear lot line is co-terminus with an alley.

6.3.3.3.C

Maximum size of accessory structures. Accessory structures in the W-MU district shall be no larger than the building footprint of the principle dwelling.

6.3.3.3.D

Miscellaneous accessory provisions. No detached accessory structure shall be closer than eight (8) feet to a principle structure.

6.3.4

Miscellaneous provisions (W-MU).

6.3.4.1

Off-street parking and loading zone standards (W-MU). All mixed-use developments which provide automobile parking facilities shall provide bicycle parking facilities (racks) at a ratio of at least one (1) bicycle parking space for every five (5) automobile parking spaces.

6.3.4.2

Streetscape standards (W-MU).

6.3.4.2.A

Proposed developments that create new streets shall place utility lines underground.

6.3.4.2.B

The developer shall install sidewalks according to Village standards. Sidewalks shall be separated from the roadway to protect pedestrians from the spray of slush and water from passing cars.

6.3.4.3

Riparian protection standards (W-MU).

6.3.4.3.A

Setbacks adjacent to Lake Superior. For properties adjacent to Lake Superior, the following setback requirements shall apply (this does not apply to pump houses, recreational docks, stormwater and erosion control devices, picnic tables, benches, recreational watercraft, wooden stairways, and unpaved walkways):

(1)

No structure shall be allowed within seventy-five (75) feet of the ordinary high water mark;

(2)

On lots with coastal wetlands, a setback of seventy-five (75) feet shall be maintained from the wetland's edge.

(3)

If a greater setback is required under the provisions of any state or federal law than is required by this section, then such greater setback requirement shall apply.

(4)

Where the imposition of the setbacks above precludes the location of a dwelling or other primary structure, the applicant may request a variance according to the procedures in Article 14, however, no variance shall be granted for any use or structure in violation of the intent and purpose of this Section.

6.3.4.3.B

Setbacks from riparian (river or stream) systems. For properties adjacent to rivers and streams in this district, structures shall be setback seventy-five (75) feet from the edge of the active channel of the water course.

6.3.4.3.C

Special use standards. The following land uses are designated as potential water pollution hazards, and must be set back from any stream or waterbody by the specified distance, provided they are a permitted use in this district (see additional standards for conditional or special uses in Article 9):

(1)

Storage of hazardous substances—Setback one-hundred fifty (150) feet

(2)

Above ground or underground petroleum storage facilities—Setback one-hundred fifty (150) feet

(3)

Drainfields from onsite sewage disposal and treatment systems (i.e., septic systems)—Setback one-hundred (100) feet

(4)

Raised septic systems—Setback two-hundred fifty (250) feet

(5)

Solid waste landfills or junkyards—Setback three-hundred (300) feet

(6)

Subsurface discharges from a wastewater treatment plant—Setback one-hundred (100) feet

(7)

Land application of biosolids—Setback one-hundred (100) feet

(8)

Compost piles and manures/fertilizers shall not be located within the prescribed waterfront setback.

6.3.4.3.D

Riparian buffer zones. A riparian buffer for a stream or river system shall consist of a vegetated strip of land at least fifty (50) foot wide extending along both sides of the water course, and including adjacent wetlands or steep slopes. The buffer shall consist of two distinct zones, configured as follows:

(1)

Zone 1: Streamside Zone

The Streamside Zone begins at the edge of the active channel of the water course and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.3.4.3.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Vegetation shall not be altered, compacted, or built upon in this area, except that individual trees that must be cut due to disease shall be replaced.

(2)

Zone 2: Outer Zone

Zone 2: Outer Zone, begins at the outer edge of the Streamside Zone and extends twenty-five (25) feet landward plus any extensions as specified in Section 6.3.4.3.E below.

Permitted uses include:

a.

Flood control structures

b.

Utility rights-of-way

c.

Unpaved footpaths

d.

Road crossings where permitted

e.

Surfaced biking or hiking paths

f.

Approved stormwater management facilities

g.

Approved recreation facilities

Prohibited uses include:

a.

Soil disturbance (grading, stripping, filling, dumping), except minor filling or grading for the establishment of shoreline access paths.

b.

Use of pesticide or fertilizer (except for management of invasive species as approved by the planning commission in consultation with the appropriate agency)

c.

Presence of livestock

d.

Use of motor vehicles

e.

Construction of permanent structures

Mature tree cover may be removed, however, the shrub and herbaceous ground cover layers shall be retained to allow infiltration of run-off.

6.3.4.3.E

Extensions to riparian buffer zones. The fifty (50) foot combined buffer zone above shall be extended to include wetlands or steep slopes as follows:

(1)

Wetlands. When wetlands are present, the width of the Streamside Zone shall be increased beyond the standards in Section 6.3.4.3.D.1 to include the extent of the wetland plus twenty (20) feet beyond the wetland edge.

(2)

Percent slope. The riparian buffer width shall be modified if steep slopes are within close proximity to the stream and drain into the stream system. The following extensions shall be added to the standard fifty (50) foot buffer in relation to slope.

a.

Slopes of fifteen (15) to seventeen (17) percent, add ten (10) feet for a total buffer width of sixty (60) feet.

b.

Slopes of eighteen (18) to twenty (20) percent, add thirty (30) feet for a total buffer width of eighty (80) feet.

c.

Slopes of twenty-one (21) percent or more, add fifty (50) feet for a total buffer width of one-hundred (100) feet.

6.3.4.3.F

Lighting standards.

(1)

Lighting shall not be directed into the riparian buffer area so that natural migrating, feeding, and breeding habits of wildlife shall not be disrupted.

(2)

Paths or gardens shall be lighted sparingly with the lowest amount of light necessary to see foliage and terrain, bulbs will be shielded, and lights will be turned off when the area is not in use.

6.3.4.3.G

Public facilities and use standards.

(1)

Except for unpaved footpaths for public access to a water body, trails shall not be placed between the tops of banks of water bodies.

(2)

The placement of breakwalls, seawalls, bulkheads, broken concrete or other rubble, rock riprap, or other shoreline hardening along the shorelines shall be prohibited. The installation and use of bioengineering and biotechnical shoreline stabilization approaches with pervious surfaces for boat ramps is encouraged.

SECTION 6.4. - GENERAL INDUSTRIAL DISTRICT (I)

6.4.1

Intent and guiding principles (I). This area includes industrial service, manufacturing, bulk commodities, and marine uses which engage in intense scale or volume of activity and may store materials or vehicles outdoors. Few customers, especially the general public, come to the site. These areas are characterized by the presence of heavy machinery, building materials, and raw materials for processing and storage, and the utilization of chemicals and intense processes. Appropriate landscape buffers are very important in transition areas around the perimeter of these uses. The planting of trees is encouraged to soften the impact of buildings of large scale or bulk and outdoor storage areas. This development needs access to minor arterials and collector roads. Roads will be designed to reflect heavier loads and expanded turning radii. Standards for appropriate screening, buffering and reducing fugitive dust materials will be incorporated.

6.4.2

District use standards (I). Use standards for the I district are illustrated in Table 6-5. Uses not listed but of the same general character as those permitted will be interrupted by the Zoning Board of Appeals. Conditional and Special Land Use standards are located in Article 9 and in Article 14.

Table 6-5 Permitted Uses in the General Industrial District

I General Industrial District
Permitted By-Right, With Conditions, or as a Special Land Use
UsesUses By-Right
and with
conditions
(P) & (C)
*As defined in Table 4-1
Development RequirementsSpecial Land
Uses (S) or
(PUD)
*As defined by Table 4-1
Development Requirements
Agricultural Service Establishments All Agricultural Service Establishments Permitted
Commercial Agriculture or Horticulture All Commercial Agriculture or Horticulture EXCEPT Large Scale
Composting or
Industrial Scale
Intensive
Agriculture
Conditions:
See Article 9
Large Scale Composting or Industrial Scale Intensive Agriculture Special Use:
See Article 9
Commercial &
Commercial Services
Food and Drink Establishments Permitted Outdoor archery, rifle, skeet trap shooting ranges; Animal racing; automobile, go-kart, snowmobile and motorcycle race tracks and events Special Use:
See Article 9
All Forest Management Permitted
Large scale
retail
development;
building
material sales;
warehouse store
or mobile and
manufactured
home sales.
Permitted
Indoor Entertainment Establishments Permitted
Repair Services and Research and
Development
Permitted
Sexually-Oriented
Business
Conditions:
See Article 9
Marihuana Related
Businesses
Special Use:
See Article 9
All Motorized Vehicle Sales and Service Establishments EXCEPT Gasoline and Auto Service Station Permitted Gasoline and Auto Service Station Special Use:
See Article 9
Industrial & Warehousing Boatworks and Light and Medium Industrial Service Establishments Permitted Dangerous Chemicals and Fuels Manufacturing, Storage, and/or Distribution Special Use:
See Article 9
Light Manufacturing Establishments Permitted Extractive Industries Special Use:
See Article 9
All Warehousing
and Wholesale
Trade
Establishments
Permitted Heavy Industrial Service Establishments Special Use:
See Article 9
Heavy Manufacturing Establishments Special Use:
See Article 9
Public Essential Services Permitted Public Buildings
& Related
Facilities,
including Trails
(except roadside
parks, public
parks, and
cemeteries)
Special Use:
See Article 9
Public Parks including Roadside Parks, and Cemeteries Permitted
WECS towers up to 80 feet in height Conditions:
See Article 9
Light and Heavy Utility and Public Service Installations, Buried 345kv electric transmission lines. Special Use:
See Article 9
WECS Towers over 80 feet in height Special Use:
See Article 9
Residential Services Company-Sponsored Daycare On-Site Permitted
Temporary Dwellings Conditions:
See Article 5 and 9
Accessory Uses Bus Shelters; Decks, Patios, Gazebos; Freestanding Flagpoles; Garages or Carports; Greenhouses and aquaculture systems; Outdoor fireplaces; Outdoor display and sales areas; Pole Barns;
Storage or
Service
Buildings or
Sauna; Shipping
containers for
storage.
Permitted according to standards contained in Article 5 and District Standards
Amateur radio & TV Antennas Conditions:
See Article 5
Temporary or Permanent Sawmill Conditions:
See Article 9

 

6.4.3

Development requirements (I).

6.4.3.1

Lot configuration standards (I).

6.4.3.1.A

Minimum lot size. Minimum lot size in the I district is one (1) acre or 43,560 square feet.

6.4.3.1.B

Minimum lot width. Minimum lot width in the I district is one-hundred fifty (150) feet.

6.4.3.1.C

Front setback. Minimum front setback in the I district is twenty (20) feet. Maximum front setback in the I district is sixty-five (65) feet (allowing for only one row of appropriately screened front parking in this district).

6.4.3.1.D

Side yard. Minimum side yard in the I district is twenty (20) feet.

6.4.3.1.E

Rear yard. Minimum rear yard in the I district is thirty (30) feet, except that the Zoning Administrator may authorize an administrative departure for up to ten (10) feet in a rear yard setback to accommodate individual site conditions, such as mature trees, topography, or other similar physical condition.

6.4.3.1.F

Maximum lot coverage. The maximum lot coverage in the I district is seventy (70) percent.

6.4.3.1.G

Maximum impervious surface coverage. The maximum impervious surface coverage in the I district is eighty (80) percent.

6.4.3.2

Principle Structure Standards (I)

6.4.3.2.A

Maximum height. The maximum permitted height in the I district is sixty (60) feet.

6.4.3.2.B

Minimum floor area per unit. There is no minimum floor area per unit in the I district.

6.4.3.3

Accessory Structure Standards (I)

6.4.3.3.A

Maximum height. Accessory structures in the I district shall be no taller than the principle structure.

6.4.3.3.B

Minimum setback from lot lines.

(1)

Front Lot Line—Accessory structures are not allowed in the front setback area. The front setback of accessory structures must be equal to or greater than that of the principle structure on the site.

(2)

Side Lot Lines—Accessory structures must be placed a minimum distance of twenty (20) feet from the side lot line.

(3)

Rear Lot Line—Accessory structures must be placed a minimum distance of thirty (30) feet from the rear lot line.

6.4.3.3.C

Maximum size of accessory structures. Accessory structures in the I district shall be no larger than the building footprint of the principle structure.

6.4.3.3.D

Miscellaneous accessory provisions. No detached accessory structure shall be closer than twenty (20) feet to a principle structure.

6.4.4

Miscellaneous provisions (I).

6.4.4.1

Off-street parking and loading zone standards. All nonresidential developments which provide automobile parking facilities shall provide bicycle parking facilities (racks) at a ratio of at least one (1) bicycle parking space for every ten (10) automobile parking spaces.

6.4.4.2

Additional landscaping standards. Native pines and other trees or shrubs as listed in Section 5.6.6 shall be planted along expanses of long walls with no windows (over a 50 foot span) to achieve a fifty (50) percent opacity along the entire wall.