The area located within the jurisdiction of this chapter is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the City of Portage comprehensive plan, and to achieve the other purposes of this zoning ordinance.

(Ord. No. 13-005, § 1, 3-28-2013)

For the purpose of this article, all areas within the city's municipal limits are hereby divided into the following standard zoning districts:

(1)

Agricultural districts:

A-1 Agricultural District

(2)

Residential districts:

R-T Traditional Neighborhood District

R-1 Single Family Residential District

R-2 Single Family Residential District

R-3 Single Family and Two-Family Residential District

R-4 Small-Scale Multi-Family Residential District

R-5 Large-Scale Multi-Family Residential District

R-MH Mobile Home Residential District

(3)

Business districts:

B-1 Neighborhood Business District

B-2 Downtown District

B-3 Interchange Business District

B-4 General Business District

(4)

Industrial districts:

M-1 Industrial District

M-2 Heavy Industrial District

M-3 Interchange Industrial District

(Ord. No. 13-005, § 1, 3-28-2013)

Zoning districts established by this chapter are shown on the official zoning map, and together all explanatory materials thereon are hereby made part of this chapter. The official zoning map shall be properly attested and kept on file along with the text of the zoning ordinance in the office of the city clerk. Every five years, the official zoning map shall be examined, reviewed in detail, verified, and approved by the plan commission.

(Ord. No. 13-005, § 1, 3-28-2013)

The following rules shall be used to determine the precise location of any zoning district boundary shown on the official zoning map of the City of Portage.

(1)

Zoning district boundaries shown as following or approximately following the limits of any city, village, town, or county boundary shall be construed as following such limits.

(2)

Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.

(3)

Zoning district boundaries shown as following or approximately following platted lot lines or other property lines as shown on the City of Portage or Columbia County tax maps shall be construed as following such lines.

(4)

Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline.

(5)

Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

(6)

Zoning district boundaries shown as separated from any of the features listed in paragraphs (1) through (5) above, shall be construed to be at such distances therefrom as are shown on the Official Zoning Map.

(7)

Where any uncertainty exists as to the exact location of a zoning district boundary line as shown on the official zoning map, the location of the line shall be determined by the zoning administrator.

(8)

All lots, uses, structures, and site features within one or more overlay zoning districts shall be subject to the use and bulk requirements of all applicable overlay zoning district requirements in addition to those of the underlying zoning district. Before any proposed use, structure, or site alteration is approved, the applicability of each overlay district shall be determined. Where standard and overlay zoning districts conflict, the more restrictive requirements shall apply.

(Ord. No. 13-005, § 1, 3-28-2013)

The following sections specify the description and purpose of the standard zoning districts established by this chapter, establish principal and accessory uses permitted by right or as conditional uses, establish bulk, density, and intensity standards, and reference other applicable regulations. Definitions and regulations for land uses are provided in Article III. Section 90-52 includes a Table of Land Uses indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Description and purpose. This district is intended to maintain, preserve, and enhance agricultural lands historically exhibiting high crop yields. Such lands are generally covered by Class I, II, and III soils as rated by the U.S. Department of Agriculture, Soil Conservation Service. District standards are designed to ensure that development that requires urban services does not occur until such services are available. As such, the A-1 agricultural district either protects agricultural activities or serves as a holding zone for agriculture as an interim land use; future development may be permitted via rezoning to another district at the appropriate time.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to permit new and existing development of traditional neighborhoods that consist of single family and two-flat homes and exhibit any combination of the following characteristics: alleys, detached garages, streets laid out in a grid system, buildings oriented toward the street with minimal front setbacks, and front porches on houses.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021; Ord. No. 22-006, § 2, 6-9-2022)

(1)

Description and purpose. This district is intended to permit new and existing single family homes and accessory uses at densities up to three dwelling units per acre. This district is intended to provide a residential setting for those residents who want to live in a neighborhood with a suburban character.

(2)

List of permitted principal uses.

(3)

List of permitted accessory uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to provide for single family homes and accessory uses at densities of up to 4.5 dwelling units per acre. Similar to the R-1 district, this R-2 district is intended to provide a residential setting for those residents who want to live in a neighborhood with a suburban character with a slightly higher residential density.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to permit a mix of single family and two-family homes at densities up to six dwelling units per acre. The land use standards for this district permit single family homes, zero lot line construction, two-flats, and duplexes as permitted by right.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021; Ord. No. 22-006, § II, 6-9-2022)

(1)

Description and purpose. This district is intended to permit mixed residential development at densities up to eight dwelling units per acre. The land use standards for this district permit single family homes, zero lot line construction, two-flats, and duplexes as permitted by right.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations. The below listed regulations apply only to townhouse, multiplex, apartment, and institutional residential development. Single family dwellings and two-family dwellings shall comply with the R-3 Residential Zoning District density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021; Ord. No. 22-006, 6-9-2022)

(1)

Description and purpose. This district is intended to permit mixed residential development at densities up to eight dwelling units per acre. The land use standards for this district permit single family, duplex, zero lot line construction, two-flats, townhouses, multiplexes, apartments, and related land uses by right.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations: The below listed regulations apply only to townhouse, multiplex, apartment, and institutional residential development. Single family and two-family dwellings shall comply with the R-3 residential zoning district density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021; Ord. No. 22-006, 6-9-2022)

(1)

Description and purpose. This district is intended to provide for the location of mobile home parks and mobile home subdivisions in a single-family residential setting. All uses in this district shall be provided with public sanitary sewer and water services.

(2)

Where mobile home districts permitted. R-MH districts may hereafter be established in accordance with the procedures, requirements, and limitations set forth in this chapter. Within such district, mobile homes, with such additional supporting uses and occupancies as are permitted herein, may be established subject to the requirements and limitations set forth in these and other regulations.

(a)

It is the intent of this section to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as mobile homes within the definitions of this article and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited.

(b)

No person shall park, locate, or place any mobile home outside of a licensed mobile home park in the city, except unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building, or rear yard of the owner of such mobile home, provided no business is carried on therein.

(3)

List of allowable principal land use.

(4)

List of allowable accessory uses.

(5)

List of allowable temporary uses.

(6)

Minimum dimensional requirements for R-MH zoning districts and for individual mobile home communities; minimum number of lots or spaces.

(a)

Where an R-MH district is to be established for the development of a mobile home community, the minimum area shall be ten acres.

(b)

The minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25 percent of total units permitted on zoned site.

(c)

These limitations shall not apply where expansion of an existing mobile home community is concerned and where such expansion will not increase variation from requirements applying to mobile home communities, as set forth herein.

(7)

In mobile home communities, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots they occupy in residential use.

(8)

No mobile home site shall be rented for a period of less than 30 days.

(9)

Monthly parking fee; limitations on parking.

(a)

There is hereby imposed on each owner of a nonexempt, occupied mobile home in the city a monthly parking fee as determined in accordance with Wis. Stats. § 66.0435(3) which is hereby adopted by reference and made part of this chapter as if fully set forth herein. It shall be the full and complete responsibility of the licensee to collect the proper amount from each mobile homeowner. Licensees shall pay to the treasurer such parking permit fees on or before the tenth day of the month following the month for which such fees are due in accordance with the terms of this chapter and such regulations as the treasurer may reasonably promulgate.

1.

Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information to the city clerk and assessor on such homes added to their park or land within five days after arrival of such home on forms furnished by the city clerk in accordance with Wis. Stats. § 66.0435(3)(c) and (e).

2.

Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the treasurer as provided in this section. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied nonexempt mobile home therein and to remit such fees to the treasurer as provided in this section.

(b)

It shall be unlawful for any person to park any mobile home in the city at any site other than a licensed mobile home park.

(10)

Mobile home park developer's permit.

(a)

No person shall construct, alter, modify or extend any mobile home park or mobile home park building or facility within the limits of the city without first securing a mobile home park developer's permit from the city. Such permits shall be issued by the zoning administrator upon approval by the common council.

(b)

Applications for mobile home park developer's permits shall be filed with the zoning administrator with sufficient copies for the city clerk to forward one to each of the department of inspection which shall investigate and review said application to determine whether the applicant, the premises on which said park will be located and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply with the applicable regulations, ordinances and laws of the state and city and report their findings in writing to the plan commission within 60 days. Such reports shall be considered by the plan commission and recommended for approval by the common council before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.

(c)

Applications for mobile home park developer's permit shall be accompanied by a fee to cover the cost of investigation and processing which is in the official city fee schedule on file in the city clerk's office, plus regular building permit fees for all buildings or structures to be erected within the proposed park.

(d)

Applications shall be made on forms furnished by the zoning administrator.

(e)

Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the common council shall be submitted to the zoning administrator and checked by the proper municipal officials for compliance before the district is approved.

(f)

The procedure for creation of an R-MH district shall be as prescribed in section 90-472, except that the standards and conditions in section 90-473 shall also be followed.

(11)

Standard requirements for mobile home parks, additions or extensions. All mobile home parks and modifications of or additions or extensions to existing parks under the R-MH district shall comply with the following:

(a)

Wis. Admin. Code Ch. SPS 305, as now existing or hereafter amended, is hereby made a part of this chapter and incorporated herein by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this chapter or any other applicable law or ordinance of the state or city.

(b)

Each mobile home space shall be clearly defined or delineated and shall have a minimum frontage of 50 feet and depth of 100 feet.

1.

Each mobile home unit and any attachments thereto and any accessory structure shall have a street yard of not less than 25 feet and side and rear yards of not less than ten feet.

2.

Each mobile home space shall provide not less than two paved spaces for off-street parking of vehicles.

3.

Movable footing slabs of reinforced concrete or other suitable means of supporting the mobile home shall be provided. Enclosing the foundation is recommended for looks and insulating. Basements are not authorized.

4.

A service slab shall be provided for each mobile home space.

5.

Areas not hard surfaced shall be seeded or sodded to prevent the blowing of sand or dirt. Landscaping is encouraged.

6.

Attachments and/or accessory structures shall be designed and constructed so that they will blend in with and not detract from the appearance of the mobile home units. No such attachments or accessory structures shall be constructed without first securing a building permit from the department of inspection.

7.

Attachments to the mobile home unit, such as a sun porch windbreak, etc., shall not be wider than eight feet or longer than 24 feet.

8.

Accessory structures, such as a carport, garage, storage shed, etc., shall not be wider than 18 feet or longer than 28 feet.

(c)

No mobile home park shall be laid out, constructed or operated without city water supply and sanitary sewer service. All water or sanitary sewerage facilities in any unit not connected with public water or sewer systems by approved pipe connections shall be sealed and their use is hereby declared unlawful.

(d)

All mobile home parks shall be furnished with lighting so spaced and equipped with luminaries placed at such heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

1.

All parts of the park street systems: 0.6 foot candle, with a minimum of 0.1 foot candle.

2.

Potentially hazardous locations, such as major park street intersections and steps or stepped ramps, individually illuminated with a minimum of 0.3 foot candle.

(e)

All mobile home spaces shall abut upon a street.

1.

Public streets shall have a right-of-way width of 66 feet and a dust free surfaced width of not less than 32 feet.

2.

Private streets shall have a right-of-way width of 40 feet and a dust free surfaced width of not less than 24 feet.

(f)

All mobile home parks shall have a greenbelt or buffer strip not less than 20 feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all mobile home parks shall be provided within such greenbelt or buffer strip with screening of natural growth or screen fence, except where the adjoining property is also a mobile home park. Compliance with this requirement shall be made within five years from the granting of the mobile home park developer's permit. Permanent planting shall be grown and maintained at a height of not less than six feet. Screening or planting requirements may be waived or modified by the governing body if it finds that the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.

(g)

In all mobile home parks, one or more recreation area shall be provided per the parkland dedication requirements of the City of Portage Subdivision Ordinance. Recreation areas shall be so located as to be free of traffic hazards and convenient to mobile home spaces which they serve.

(h)

All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to parks shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.

(12)

Operation of mobile home parks; responsibilities of park management.

(a)

In every mobile home park, there shall be located an office of the attendant or person in charge of said park. A copy of the park license and of this chapter shall be posted therein and the park register shall, at all times, be kept in said office.

(b)

The attendant or person in charge and the park licensee shall operate the park in compliance with this chapter and regulations and ordinances of the city and state and their agents or officers and shall have the following duties:

1.

Maintain a register of all park occupants, to be open at all times to inspection by state, federal and municipal officers, which shall show:

a.

Names and addresses of all owners and occupants of each mobile home.

b.

Number of children of school age.

c.

State of legal residence.

d.

Dates of entrance and departure of each mobile home.

e.

Make, model, year and serial number or license number of each mobile home and towing or other motor vehicles and state, territory or country which issued such licenses.

f.

Place of employment of each occupant, if any.

(c)

Notify park occupants of the provisions of this chapter and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this chapter or any other violations of law which may come to their attention.

(d)

Report to the health officer all cases of persons or animals affected or suspected of being affected with any dangerous communicable disease.

(e)

Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections and tie downs.

(f)

Maintain park grounds, buildings and structures free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

(g)

Maintain the park free from growth of noxious weeds.

(h)

Maintain the park free of litter, rubbish and other flammable materials; provide portable fire extinguishers of a type approved by the fire chief in all locations designated by the fire chief and maintain such extinguishers in good operating condition and cause every area within the park designated as a fire lane by the fire chief to be kept free and clear of obstructions.

(i)

Check to ensure that every mobile home unit has furnished, and in operation, a substantial, fly tight, watertight, rodent proof container for the deposit of garbage and refuse in accordance with the ordinances of the city. The management shall provide stands for all refuse and garbage containers so designed as to prevent tipping and minimize spillage and container deterioration and facilitate cleaning.

(j)

Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal and disposal of garbage and refuse shall be in accordance with the laws of the state and the ordinances and regulations of the city, including regulations promulgated by the fire chief.

(k)

Collect a security deposit equal to three months' parking fee for each occupied nonexempt mobile home within the park and remit such fees and deposits to the treasurer.

(13)

Responsibilities and duties of mobile home park occupants.

(a)

Park occupants shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain their mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition.

(b)

Park occupants shall be responsible for proper placement of their mobile homes on the mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

(c)

No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to cause any nuisance within the limits of any mobile home park.

(d)

Each owner or occupant of a nonexempt mobile home within a mobile home park shall remit to the licensee or authorized park management the cash deposit and monthly parking permit fee.

(e)

It shall be the duty of every occupant of a park to give the park licensee or management, or his agent or employee, access to any part of such park or mobile home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter or any law or ordinance of the state or city or lawful regulation or order adopted hereunder.

(f)

Mobile homes shall be parked only on the mobile home stands provided and shall be placed thereon in accordance with all requirements of this chapter.

(g)

No mobile home owner or occupant shall conduct in any unit or any mobile home park any business or engage in any other activity which would not be permitted in single-family residential areas in the city.

(h)

No person shall discharge any wastewater on the surface of the ground within any mobile home park.

(i)

No person shall erect or place upon any mobile home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any mobile home unit except as specifically authorized by this chapter.

(14)

Additional regulations on mobile homes and mobile home parks.

(a)

Wrecked, damaged, or dilapidated mobile homes shall not be kept or stored in a mobile home park or upon any premises in the city. The building inspector or common council shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are hereby declared to be a public nuisance. Whenever the building inspector or common council so determines, he shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists within the park or on lands owned by him giving the findings upon which his determination is based and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

(b)

The building inspector, fire chief or their lawful agents or employees are authorized and directed to inspect mobile home parks not less than once in every 12-month period to determine the health, safety and welfare of the occupants of the park and inhabitants of the city as affected thereby and the compliance of structures and activities therein with this chapter and all other applicable laws of the state and ordinances of the city.

(c)

Fires in mobile home parks shall be made only in stoves and other cooking or heating equipment intended for such purposes. Outside burning is prohibited except by permit and subject to requirements or restrictions of the fire chief.

(d)

All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the park shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipalities and their authorized agents.

(e)

No person shall construct, alter or add to any structure, attachment or building in a mobile home park or on a mobile home space without a permit from the building inspector. Construction on, or addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard and rear yard requirements for mobile home units.

(f)

Compliance with plumbing, electrical, and building ordinances. All plumbing, electric, electrical, building and other work on or at any mobile home park under this chapter shall be in accordance with the ordinances of the city and the requirements of the state plumbing, electrical and building codes and the regulations of the state board of health. Licenses and permits granted under this chapter grant no right to erect or repair any structure, to do any plumbing work or to do any electric work.

(15)

Limitations on signs. In connection with mobile home communities within the R-MH district, no sign intended to be read from any public way adjoining the district shall be permitted except:

(a)

No more than one identification sign, not exceeding 20 square feet in area, for each principal entrance.

(b)

No more than one sign, not exceeding four square feet in area, advertising property for sale, lease or rent, or indicating "Vacancy" or "No Vacancy," may be erected at each principal entrance.

(c)

In the case of new mobile home communities consisting in whole or in part of mobile home subdivisions or condominiums, one sign, not exceeding 20 square feet in area, may be erected for a period of not more than two years at each principal entrance to advertise the sale of lots or dwellings.

(d)

No source of illumination for any such signs shall be directly visible from adjoining streets or residential property, and no such signs shall be erected within five feet of any exterior property line.

(16)

Common recreational facilities.

(a)

No less than ten percent of the total area of any mobile home community established under these regulations shall be devoted to common recreational areas and facilities, such as playgrounds, swimming pools, community buildings, ways for pedestrians and cyclists away from streets and play areas for small children for other recreational areas in block interiors. At least one principal recreation and community area shall contain not less than five percent of the total area of the community.

(b)

To be countable as common recreational area, interior-block ways for pedestrians or cyclists shall form part of a system leading to principal destinations. Such ways may also be used for installations of utilities.

(c)

Common recreational area shall not include streets, parking areas, floodplains, wetlands, or steep slopes, and shall be closed to automotive traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.

(17)

Standards for general site planning for mobile home communities. The following guides, standards and requirements shall apply in site planning for mobile home communities:

(a)

Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the district in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.

(b)

Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Such ways need not be adjacent to or limited to the vicinity of vehicular access points. Where there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safety located, marked and controlled and where such ways are exposed to substantial vehicular traffic at edges of communities, safeguards may be required to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.

(c)

Protection of visibility. Automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of article VII shall apply and are hereby adopted by reference. Where there is pedestrian or bicycle access from within the community to a street at its edges by paths or across yards or other open space without a barrier to prevent access to the street, no material impediment to visibility more than 2½ feet above ground level shall be created or maintained within 25 feet of said street unless at least 25 feet from said access measured at right angles to the path.

(d)

Pedestrians and bicyclists. Ways for pedestrians and/or cyclists in exterior yards. In any exterior yard, required or other, ways for pedestrian and/or cyclists may be permitted, if appropriately located, fenced or landscaped to prevent potential hazards arising from vehicular traffic on adjacent streets or other hazards and annoyances to users or to occupants of adjoining property. When otherwise in accord with the requirements concerning such ways set forth above, approved ways in such locations shall be counted as common recreation facilities and may also be used for utilities easements.

(e)

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:

1.

Streets, drives and parking and service areas. Streets, drives and parking and service areas shall provide safe and convenient access to dwellings and community facilities and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the community, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the community into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site and the convenience and safety of the occupants.

2.

Vehicular access to streets. Vehicular access to streets from oft-street parking areas may be directed from dwellings if the street or portion of the street serves 50 units or less. Determination of units served shall be based on normal routes anticipated for traffic. Along streets or portions of streets serving more than 50 dwelling units, or constituting major routes to or around central facilities, access from parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic conveniently, safely and in a manner that minimizes marginal traffic friction, and direct vehicular access from individual dwellings shall generally be prohibited.

3.

Ways for pedestrians and cyclists; use by emergency, maintenance or service vehicles.

a.

Walkways shall form a logical, safe and convenient system for pedestrian access to all dwellings, project facilities and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.

b.

Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If an internal walkway system is provided, away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designated to provide safety and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed and constructed may be combined with other easements and used by emergency, maintenance or service vehicle but shall not be used by other automotive traffic.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-04, § III, 7-22-2021)

(1)

Description and purpose. This district permits both residential development and neighborhood-scale commercial land uses that are compatible with adjacent residential uses and consistent with the neighborhood character.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(6)

Architectural and operational requirements. Under this approach, the B-1 district shall not be vested until the approved project has been completed. Structures and site development shall comply with the architectural and operational requirements for the B-1 district listed below.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to permit a broad range of land uses with a true "downtown" character. This district allows high intensity development to provide incentives for infill development, redevelopment, and the continued economic viability of the existing downtown.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district permits commercial development that is compatible with and achieves the desired character for highway corridor areas. This district is intended as the principal zoning district for new commercial development which occurs after the adoption of this chapter. The standards of this district are designed to provide a clear distinction from the B-4 district in terms of a lower permitted intensity of development and greater required green space areas.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to permit large and small scale commercial development. The standards of this district are distinct from the B-3 interchange business district and are intended to promote the redevelopment of the city's older commercial developments.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013; Ord. No. 21-02, § II, 8-26-2021)

(1)

Description and purpose. This district is intended to provide a location for urban intensity light industrial land uses such as assembly operations, storage, and warehousing facilities, offices, and light manufacturing which are protected from potential nuisances associated with certain development permitted within the M-2 heavy industrial district. To ensure a minimum of disruption to residential development, development within this district shall take access from a collector or arterial street.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Description and purpose. This district is intended to permit industrial and office development at an intensity which provides ample incentive for infill development and redevelopment of existing industrial areas. This district is designed to permit a wide variety of industrial uses, including certain uses which are permitted in no other zoning district because of their potential to create nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, development within this district shall take access from a collector or arterial street. It must be emphasized that this is not a district where virtually any land use is permitted, as all uses shall comply with the minimum performance standards presented in article VII.

(2)

List of permitted principal land uses.

(3)

List of allowable accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Description and purpose. This district is intended to permit high-quality industrial and office development focused toward the highway and interstate highway in a business park setting. Beyond a relatively high minimum landscape surface ratio, the primary distinguishing feature of this district is that it is geared to indoor industrial activities which are not typically associated with high levels of noise, soot, odors, and other potential nuisances for adjoining properties. To ensure a minimum of disruption to residential development, development within this district shall take access from a collector or arterial street.

(2)

List of permitted principal land uses.

(3)

List of permitted accessory land uses.

(4)

List of permitted temporary land uses.

(5)

Density, intensity, and bulk regulations.

(Ord. No. 13-005, § 1, 3-28-2013)