For the purposes of this chapter, the city is hereby divided into the following zoning districts:

(1)

Residence districts:

R1 single-family residence district.

R2 single-family residence district.

R3 limited general residence district.

R4 general residence district.

R5 general residence district.

R6 general residence district.

(2)

Business districts:

O restricted office district.

O-I office/institutional district.

B1 neighborhood convenience district.

B2 community shopping district.

B3 general commercial district.

B4 central business district.

B5 central service district.

(3)

Industrial districts:

I-1 restricted industrial district.

I-2 general industrial district.

(4)

Special districts:

H historic properties district.

(Code 1973, § 16.06.010; Ord. No. 23-05, pt. 4, 12-6-05)

(a)

The location and boundaries of the districts established by this chapter are set forth on the zoning map entitled, "City of Racine Zoning Map," dated February 18, 1976, which is incorporated herein, and hereby made a part of this chapter. Such map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

(b)

The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning district map:

(1)

District boundary lines are the centerlines of highways, streets, alleys, and easements; right-of-way lines of railroads, toll roads, and expressways; or section, division of section, tract and lot lines; or such lines extended, unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, or division lines, or centerlines of streets and highways, or railroad rights-of-way, unless otherwise indicated.

(3)

Where a district boundary line divides a lot in single ownership on the effective date of this chapter, the planning, heritage, and design commission may extend the regulations for either portion of such lot.

(Code 1973, § 16.06.020; Ord. No. 0026-19, pt. 58, 11-12-19)

The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of overhead, surface or underground gas, electrical, steam or water, distribution or transmission systems, collection, communication, supply or disposal systems, including only mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police callboxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety or general welfare, shall be exempt from the regulations of this chapter. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction. Also exempted shall be sanitary landfill operations expressly authorized by the city.

(Code 1973, § 16.06.030)

On land annexed to, or consolidated with, the city, no building or structure shall be erected, enlarged or moved and no change in the use of land or existing buildings or structures shall be made until an ordinance designating the zoning district classification of such annexed land is duly adopted by the common council. Within 30 days of the annexation, the planning, heritage, and design commission shall recommend an amendment to establish the zoning district classification of such land. Action shall be taken by the common council regarding the classification of annexed land within 60 days of its receipt of the recommendation from the planning, heritage, and design commission. When the planning, heritage, and design commission shall have adopted and recommended a specific land use plan to the common council for annexed territory prior to annexation or if the annexation is contested prior to the date the annexation becomes final and uncontestable and the common council shall have adopted such land use plan, such new territory upon final and uncontestable annexation to the city shall be zoned in accord with such land use plan.

(Code 1973, § 16.06.040; Ord. No. 0026-19, pt. 59, 11-12-19)

(a)

Permitted uses of land or buildings, as listed in this division, shall be permitted in the districts indicated under the conditions specified. Unless otherwise specifically set forth, wherever a permitted use is named as a major category in this division, it shall be deemed to include all and only those itemized uses under such major category listed in the R1 district, as set out in subdivision II of this division. No building or tract of land shall be devoted to any use other than a use permitted under this division in the zoning district in which such building or tract of land shall be located, with the exception of the following:

(1)

Uses lawfully established on the effective date of the ordinance from which this chapter derived.

(2)

Conditional uses, allowed in accordance with the provisions of subsection (b) of this section.

(b)

Uses already established on the effective date of the ordinance from which this section derived and rendered nonconforming by the provisions thereof shall be subject to the regulations of article IV of this chapter, pertaining to nonconforming buildings and uses.

(Code 1973, § 16.07.010(a))

Conditional uses, as listed in this division, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits. Unless otherwise specifically set forth, wherever a conditional use is named as a major category in this division, it shall be deemed to include all and only those itemized uses listed under such category in the R1 district.

(Code 1973, § 16.07.010(b))

Lot size requirements shall be as specified under each zoning district in this division. In addition, the following regulations shall be complied with:

(1)

No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(2)

No use shall be established which is of less area or less width than prescribed in this division for such use in the zoning district in which it is to be located, except as specifically allowed in sections 114-772 and 114-773 for recorded lots.

(Code 1973, § 16.07.010(c))

(a)

Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations indicated in this division and shall be unobstructed from the ground level to the sky.

(b)

All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building; except that an attached accessory building may extend ten feet into the required rear yard.

(c)

Front yards shall be as specified in each zoning district.

(d)

In residential developments containing eight or more units, the yard requirements may be waived in order to encourage innovative design and to provide for such housing types as the atrium or patio house. Such waiver may be obtained only by conditional use permit, as provided within each residential district.

(e)

For each structure designed, used or occupied, containing at least 20 residential dwelling units or 18,000 square feet of gross floor area, whichever is less, there shall be provided a minimum of 20 percent of the area of the zoning lot for unobstructed open space, left unpaved and suitably landscaped, but shall not include required yard spaces, or space provided for off-street parking.

(f)

Upon approval of the planning, heritage, and design commission and common council, as evidenced by acceptance of the subdivision plat, a developer shall be allowed to satisfy yard requirements by establishing average setbacks and varying front yards. However, in such instances, the average setbacks or yards shall be at least equal to the minimum prescribed for that district, and the shortest setbacks or yards shall be consistent with public safety and health, and in no case shall any front yard or setback be less than 15 feet in depth. Such exceptional yards or setbacks shall be reflected on the face of the plat.

(g)

Corner side yards may be reduced to the required least interior side yard width if such corner lot is back-to-back with another corner lot.

(h)

Where the length of a side yard adjacent to the side walls of a building is more than 40 feet, two inches for each foot by which such length exceeds 40 feet shall be added to each of the required side yards.

(i)

Required side yard and rear yard depths may be measured to the centerline of an alley adjoining such yards.

(j)

Where an unbroken section of a side wall of a building is not parallel with the side lot line, the required width of any side yard may be applied to the average width; provided, however, that such side yard shall not be narrower than three feet or less than one-half of the required width at any point.

(k)

For each foot by which a lot existing at the time of enactment of the ordinance from which this chapter derived is less than 120 feet deep, six inches may be deducted from the required depth of the rear yard; provided, however, that no required rear yard shall be less than ten feet deep in any case.

(l)

For each foot by which a lot existing and of record at the time of enactment of the ordinance from which this chapter derived is narrower than 50 feet, 3.6 inches may be deducted from the required least width of any side yard and 7.2 inches from the sum of the least width of both side yards for buildings not exceeding three stories in height; provided, however, that no side yard shall be narrower than four feet in any case.

Where, at the time of enactment of the ordinance from which this chapter derived, three-fourths of the lots on both sides of the street within a block front are less than 50 feet wide, an existing plot or unimproved portion of a plot within such block may be deemed to have been divided at the time of enactment of such ordinance into lots of substantially the average width of such three-fourths; provided, however, that no lot shall be deemed to be less than 35 feet wide in any case.

(m)

When the average depth of existing front yards of existing buildings located within 100 feet on each side of a lot and within the same block as such lot is less than the least front yard depth prescribed for a building on such lot by other provisions of this chapter, then the depth of the front yard of any building on such lot need not exceed the average of the prescribed least depth and the average depth of the existing front yards; nor shall it be required to exceed the average of such otherwise prescribed least depth and the depth of the front yard of an existing building on a lot immediately adjoining such lot, nor the average depth of front yards of existing buildings on the two lots immediately adjoining, if shallower, but shall be at least ten feet in any case.

The front yard exceptions specified in this subsection shall apply to any story or part of a new building when the average depth of front yards for the corresponding stories or part of such existing buildings, within such 100 feet and within the same block, is less than the least front yard depth otherwise specified in this chapter for such stories or parts respectively.

(n)

In order to provide adequate vehicular vision clearance in yards, no fence, structure, screening or planting of any kind shall be erected, placed, maintained, or grown on any lot between the heights of 30 inches and seven feet above the curb level or its equivalent within the triangle space formed by two intersecting street lines or the intersection of a street line with an alley line or the intersection of a street line with a private drive and a line joining points on such street lines or street and alley lines or street and private lines, located a minimum distance of 25 feet from the point of intersection of the two street lines or located a minimum distance of ten feet from the point of intersection of a street line and an alley line or of a street line and a private drive line. A fence or wall may be erected and maintained within the vision clearance triangle, except that no such fence shall:

(1)

Exceed a height of six feet if the fence or wall has 25 percent opacity or less.

(2)

Exceed a height of 30 inches if the fence or wall has more than 25 percent opacity.

(Code 1973, § 16.07.010(d); Ord. No. 9-06, pt. 1, 5-24-06; Ord. No. 0026-19, pt. 60, 11-12-19)

(a)

Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height, or in terms of floor area ratio. In the R1 and R2 districts, all uses are regulated on the basis of maximum building height, whereas uses in all other districts must comply with the floor area ratio limitations prescribed in each zoning district in subdivision II of this division.

(b)

The floor area ratio requirements shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

(Code 1973, § 16.07.010(e))

Signs shall be allowed in residence districts in accordance with the regulations established in article X of this chapter.

(Code 1973, § 16.07.010(f))

Off-street parking and loading facilities, accessory to uses allowed in residence districts, shall be provided and used in accordance with the regulations established in article XI of this chapter.

(Code 1973, § 16.07.010(g); Ord. No. 19-05, pt. 1, 9-20-05)

Automobile parking lots accessory to a business or industrial use may be authorized by the board of appeals through variance in the R3 through R6 districts, provided that such lots are solely for the use of employees and customers of the use to which it is accessory. The following conditions shall apply:

(1)

The lot shall abut a business or industrial district or be separated from such districts only by a street or alley.

(2)

The lot shall not exceed 150 feet in width.

(3)

Such lot shall be used solely for the parking of passenger automobiles.

(4)

The parking lot shall be closed between the hours of 11:00 p.m. and 7:00 a.m., unless specifically authorized by the board of appeals.

(5)

Each entrance to and exit from such parking lot shall be at least six feet distant from any adjacent residential property, with such setback suitably landscaped.

(6)

Along any such lot line which abuts a lot line in a residential district there shall be erected an effective screen of at least 50 percent opacity and subject to the approval of the board of appeals.

(7)

No repair or servicing of motor vehicles shall be allowed.

(Code 1973, § 16.07.010(h))

All uses shall comply with appropriate development standards in accordance with the provisions of section 114-732.

(Code 1973, § 16.07.010(i))

No residential property shall be used for parking vehicles weighing more than 12,000 pounds or having a length greater than 30 feet, except for recreational vehicles.

(Code 1973, § 16.07.010(j); Ord. No. 02-15, pt. 1, 4-20-15)

(a)

A home craft show permit may be issued by the chief building inspector subject to satisfaction by the applicant of regulations established by the common council.

(b)

At no time shall any aspect of a home craft show have a detrimental affect on the residential character of the neighborhood because of traffic, noise, vibration, litter, patron conduct, signage, lighting, or odors.

(c)

Home craft shows are events at which homemade craft items are displayed indoors and offered for sale on the ground floor of a single, two or three family structure. Home craft shows shall be conducted on the premises where the crafts are produced and by the person who produced the crafts. However, up to 30 percent of the items offered for sale may be from off premise sources. Craft items are defined as hand made objects such as, but not limited to, wreaths, garland, holiday decorations and ornaments, yard decorations, dried flower arrangements, candles, decorative wall hangings, center pieces, toys, linen, bedding, and clothing.

(Ord. No. 20-03, pt. 1, 10-7-03)

The R1 single-family residence district is intended to provide single-family areas and protect such areas from the encroachment of incompatible uses. This district will be located generally on the periphery of the city, in neighborhoods containing large lots.

(Code 1973, § 16.07.020)

The following uses are permitted in the R1 single-family residence district:

(1)

Single-family detached dwellings.

(2)

Agriculture.

(3)

Educational institutions (nonboarding), as follows:

a.

Elementary schools.

b.

Junior and senior high schools.

c.

Vocational and/or trade schools, public.

(4)

Public recreation and social facilities, as follows:

a.

Golf courses, but not golf driving ranges, pitch and putt, or miniature golf courses.

b.

Grounds of recreational clubs, noncommercial.

c.

Parks, playgrounds and community centers.

(5)

Religious institutions, as follows:

a.

Churches, chapels, temples and synagogues.

b.

Convents, seminaries, monasteries and nunneries.

c.

Rectories, personages and parish houses.

d.

Religious retreats.

(6)

Accessory uses and buildings pursuant to section 114-273.

(7)

Community living arrangements having the capacity to serve eight or fewer persons, excluding staff or live-in family.

(8)

Family day care home.

(9)

Group day care center, but only when operated within an existing educational institution, recreation and social facility, or religious institution.

(Code 1973, § 16.07.020(a)(1)—(5), (7)—(9))

The following are permitted accessory uses and buildings when incidental to and on the same zoning lot as a principal use in the R1 single-family residence district:

(1)

Agricultural buildings and structures.

(2)

Athletic fields and playgrounds.

(3)

Boathouses, private.

(4)

Clubhouses and other structures on the grounds of publicly owned recreation and social facilities.

(5)

Garages and carports.

(6)

Greenhouses and conservatories, private (noncommercial).

(7)

Home occupations.

(8)

Roadside stands for the display and sale of agricultural products on zoning lots where the principal use is agriculture (temporary, for a period not to exceed six months in any one year).

(9)

Secondary religious facilities servicing a principal religious institution.

(10)

Stadiums and grandstands in athletic fields (public).

(11)

Storage of building materials and equipment, and temporary buildings for construction purposes for a period not to exceed the duration of such construction, or a maximum of two years, whichever is less.

(12)

Swimming pools and tennis courts, private (noncommercial).

(13)

Temporary real estate tract offices-for the purpose of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two years.

(14)

Toolhouses, sheds, and other similar buildings for the storage of domestic supplies.

(15)

Professional offices, as defined in this chapter.

(16)

Rummage sales in accordance with the following regulations:

a.

Consecutive days/times. Maximum of three consecutive days per property. Sale can start no earlier than 7:00 a.m. and may run no later than 6:00 p.m.

b.

Display of sale items. Allowed within the property boundaries only. Items for sale may not be placed within the sidewalk, parkway, alley or street.

c.

Sales per year. Maximum of three sales, with a month separation between sales, within the calendar year.

d.

Signage. May be a maximum 12 square feet in size. Maximum two signs per sale. Signs may not be placed on any public structure, including light poles, directional or stop signs, city right-of-way, or in street medians. Signs may be placed on a neighboring property with owner consent. All signs must be removed by 8:00 a.m. of the day following the completion of the sales event.

e.

Prohibited items at a rummage sale. Motor vehicles, secondhand goods obtained for purposes of resale.

f.

Enforcement.; Any person may file a complaint with the building inspection department. The building inspector or designee shall investigate each complaint and, if warranted, issue a citation, give a written warning, or pursue other course of action.

(17)

Short term rental establishments that comply with the following conditions:

a.

All short term rental units shall be primary residence of the proprietor(s).

b.

All proprietors of a short term rental establishment shall have all required licenses and inspections, keeping them current at all times.

c.

Short term rental provisions for sleeping quarters shall occur inside a principal structure and provide proper exiting

d.

All litter, debris, and refuse shall be stored in closed containers.

e.

Vehicles of guest(s) and resident(s) shall be parked on a hard surface of concrete, asphalt or paver stones in accordance with section 114-1167 of this chapter.

(Code 1973, § 16.07.020(a)(6) ; Ord. No. 11-08, pt. 2, 6-17-08; Ord. No. 0004-18, pt. 2, 5-15-18)

(a)

The following conditional uses may be allowed in the R1 single-family residence district:

(1)

Educational institutions (boarding).

(2)

Cultural institutions, including libraries and museums.

(3)

Health and medical institutions.

(4)

Planned developments, residential.

(5)

Public utility and service uses, and civic buildings, such as:

a.

Fire stations.

b.

Pumping stations.

c.

Railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes.

d.

Telephone transmission equipment buildings, and microwave relay towers.

e.

Other municipal facilities.

(6)

Private recreation, golf courses and tennis clubs (noncommercial).

(7)

Philanthropic and charitable institutions.

(8)

Waiver of yard requirements, in accordance with section 114-254 of this article.

(9)

Accessory uses incidental to and on the same zoning lot as a principal use.

(10)

Cemeteries.

(11)

Municipally owned off-street parking facilities.

(12)

Community living arrangements having the capacity to serve nine or more persons.

(13)

Retail uses may be allowed in existing buildings designed for commercial use, subject to the following terms and conditions:

a.

Uses shall be limited to:

1.

Bakery, retail.

2.

Barbershop.

3.

Beauty shop.

4.

Candy and ice cream store.

5.

Cleaners, pickup station only.

6.

Custom dressmaking.

7.

Food store, grocery store, meat market, and delicatessen.

8.

Gift and hobby shop.

9.

Offices, business and professional.

10.

Shoe repair shop.

11.

Tailor shop.

12.

Other uses determined to be similar by the plan commission.

b.

The building existed in its present design and location prior to 1976.

c.

The building was previously zoned commercial or used for commercial purposes before 1946 according to plan commission records.

d.

The building has not been converted for residential use.

e.

There will be no sale or consumption of alcoholic beverages on the premises.

f.

There will be no coin-operated amusement devices on the premises.

g.

The conditional use permit shall not be transferred.

h.

The planning, heritage, and design commission shall adopt standards for review of each use as to its compatibility with surrounding uses and the neighborhood.

(14)

Recreational structures or devices on private property which are designed or built by the owner or person under the direction of the owner, which device or structure is suitable for use by persons over 12 years of age. In reviewing the permit application, the city may require a showing by the applicant that the structure or device is designed in accordance with accepted engineering standards.

(15)

Community gardens.

(16)

Bed and breakfast establishments that comply with the following conditions:

a.

Provides for eight or fewer rooms for rent to no more than 20 tourists or transients for no more than 30 days.

b.

Provides no meals other than breakfast and provides the breakfast only to renters of the establishment.

c.

Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.

d.

Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation.

e.

Shall be the owner's personal residence and is occupied by the owner at the time of rental.

f.

Shall provide maid service, linen service, and room upkeep.

g.

Only one sign shall be allowed, which shall be a maximum of 12 square feet in area and state only the name, address and proprietors of the establishment.

h.

Off-street parking shall be properly screened and be provided in the amount of one parking space per room rented plus two spaces for the owner.

i.

All state and local laws be complied with and permits and licenses acquired.

j.

Any other conditions listed in the conditional use permit approved by the common council.

(b)

Conditional use permits issued for uses under this section shall be valid for one year. The planning, heritage, and design commission shall conduct an annual review of compliance with the permit. If compliance is found, the permit shall continue for an additional year without action of the common council. If noncompliance is found, continuance of the use may only be by the issuance of a new conditional use permit.

(c)

Existing nonconforming uses may become legal uses only upon compliance with the conditional use provisions of this section.

(Code 1973, § 16.07.020(b); Ord. No. 18-99, pt. 2, 12-21-99; Ord. No. 2-03, pt. 1, 2-4-03; Ord. No. 0026-19, pt. 61, 11-12-19)

The lot size requirements for R1 single-family residence districts are as follows:

(1)

Permitted uses:

(2)

Conditional uses:

(3)

Accessory uses. Each accessory use may be established on the same lot as the principal use, provided that such lot meets the lot size requirements of the R1 district as provided in subsections (1) and (2) of this section.

(Code 1973, § 16.07.020(c); Ord. No. 0026-19, pt. 62, 11-12-19)

(a)

The yard requirements for permitted uses in the R1 single-family residence district are as follows:

Variances for yard requirements. With regard to interior side yard requirements for single-family detached dwellings, the six-foot requirement shall be the standard; however, the total of both interior side yards shall be at least 14 feet. The interior side yard and corner side yard requirements for educational institutions, recreational and social buildings and religious institutions set forth in this subsection, shall be the standard plus one foot for each two feet by which the building or structure height exceeds 20 feet.

(b)

The yard requirements for conditional uses in the R1 single-family residence district are as follows:

Variances for yard requirements. With regard to interior side yard and corner side yard requirements for cultural institutions, health and medical institutions and philanthropic and charitable, requirements shall be the standard plus one foot for each two feet by which the building or structure height exceeds 20 feet.

(c)

The yard requirements for structures' and buildings' accessory uses, except those listed below, are the requirements of the principal uses, which shall apply to the accessory buildings. The following yard requirements are established for the following uses:

Variances for yard requirements:

(1)

With regard to interior side yard requirements for buildings accessory to dwellings, other than specified herein, the six-foot requirements shall be the standard unless the entire structure is located in the rear yard, in which case only two feet shall be required. In addition to the standards stated in this subsection for the following: "Clubhouses and other structures on the grounds of private clubs, golf courses, and tennis clubs; mausoleums, crematories, and columbariums in cemeteries," such setback area is not to be used for parking.

(2)

With regard to stadiums and grandstands in athletic fields, and temporary buildings for construction purposes, the requirements shall be the same as set forth in this section, with the addition that such setback area is not to be used for parking.

(Code 1973, § 16.07.020(d); Ord. No. 0026-19, pt. 63, 11-12-19)

_____

The maximum building height for all buildings and structures in the R-1 single-family residence district shall be 2½ stories, but not to exceed 35 feet.

(Code 1973, § 16.07.020(e))

Signs in the R1 single-family residence district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.07.020(f))

Off-street parking and loading facilities in the R1 single-family residence district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.020(g))

The R2 single-family residence district is primarily designed to accommodate existing single-family neighborhoods which are characterized by smaller lots than are required in the R1 district.

(Code 1973, § 16.07.030)

The permitted uses in the R2 single-family residence district shall be any use permitted in the R1 single-family residence district, with the exception of agriculture.

(Code 1973, § 16.07.030(a))

The conditional uses permitted in the R2 single-family residence district shall be any use allowed as a conditional use in the R1 single-family residence district.

(Code 1973, § 16.07.030(b))

The lot size requirements for the R2 single-family residence district are as follows:

(1)

Permitted uses:

(2)

Conditional uses:

(3)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of subsections (1) and (2) of this section.

(Code 1973, § 16.07.030(c); Ord. No. 0026-19, pt. 64, 11-12-19)

(a)

Permitted uses. The yard requirements for permitted uses in the R2 single-family residence district are as follows:

Variances for yard requirements. With regard to interior side yard requirements for single-family detached dwellings, the six-foot requirement shall be the standard; however, the total of both interior side yards shall be at least 14 feet. The interior side yard and corner side yard requirements for educational institutions, recreational and social buildings and religious institutions set forth in this subsection, shall be the standard plus one foot for each two feet by which the building or structure height exceeds 20 feet.

(b)

Conditional uses. The yard requirements for condition uses in the R2 single-family residence district are as follows:

Variances for yard requirements. The interior side yard and corner side yard requirements for cultural institutions, health and medical institutions and philanthropic and charitable set forth in this subsection shall be the standard plus one foot for each two feet by which the building or structure height exceeds 20 feet.

(c)

Accessory uses. The yard requirements for accessory uses in the R2 single-family residence district, except as indicated below, are the yard requirements of the principal uses in the R2 district, which shall apply to the accessory buildings. The following yard requirements are established for the following uses:

Variances for yard requirements. In addition to the standards stated in this subsection for the following: "Clubhouses and other structures on the grounds of private clubs, golf courses, and tennis clubs; mausoleums, crematories, and columbariums in cemeteries; stadiums and grandstands in athletic fields," such setback area is not to be used for parking. With regard to interior side yard requirements for buildings accessory to dwellings, other than specified herein, the six-foot requirement shall be the standard, unless the entire structure is located in the rear yard, in which case only two feet shall be required.

(Code 1973, § 16.07.030(d); Ord. No. 0026-19, pt. 65, 11-12-19)

_____

The maximum building height for all buildings and structures in the R-2 single-family residence district shall be 2½ stories, but not to exceed 35 feet.

(Code 1973, § 16.07.030(e))

Signs in the R2 single-family residence district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.07.030(f))

Off-street parking and loading facilities in the R2 district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.030(g))

The R3 limited general residence district is intended to provide areas which are to be occupied substantially by single-family and two-family dwellings and attached dwellings. It is designed to accommodate limited apartment dwellings while maintaining a low density owner-occupancy character.

(Code 1973, § 16.07.040)

(a)

The following uses are permitted in the R3 limited general residence district:

(1)

Any use permitted in the R1 district, except agriculture.

(2)

Single-family dwellings.

(3)

Two-family dwellings.

(4)

Multiple-family dwellings.

(5)

Community living arrangements having a capacity to serve 15 or fewer persons, excluding staff or live-in family.

(b)

Those permitted uses in the R3 district located in an access corridor overlay district shall comply with article VI of this chapter.

(Code 1973, § 16.07.040(a); Ord. No. 31-90, pt. 3, 9-18-90)

The following are conditional uses in the R3 limited general residence district:

(1)

Any use allowed as a conditional use in R1 district unless otherwise permitted in this subdivision.

(2)

Access corridor overlay district.

(Code 1973, § 16.07.040(b); Ord. No. 31-90, pt. 2, 9-18-90)

The lot size requirements for the R3 limited general residence district are as follows:

(1)

Permitted uses:

(2)

Conditional uses:

(3)

Variances in lot size requirements. Minimum lot area requirements for planned developments, residential, shall be the standard of five acres set forth in subsection (2) of this section, or area bounded on all sides by city streets or other natural boundaries.

(4)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided such lot meets the lot size requirements of the R3 district.

(Code 1973, § 16.07.040(c); Ord. No. 7-93, pt. 1, 4-7-93; Ord. No. 0026-19, pt. 66, 11-12-19)

(a)

Permitted uses. The minimum yard requirements for permitted uses in the R3 limited general residence district are as follows:

Variance in yard requirements. With regard to interior side yard requirements for dwellings, the six-foot requirement shall be the standard; however, the total of both interior side yards shall be at least 14 feet. The total of both interior side yard and corner side yard shall also be at least 14 feet. If the building height exceeds 35 feet, the interior side yards shall equal one-fifth the building height. The interior side yard and corner side yard requirements for educational institutions (nonboarding), recreational and social buildings, and religious institutions set forth in this subsection shall be the standard plus one foot for each two feet by which the building or structure exceeds 25 feet in height. The corner side yards for dwellings shall be as set forth in this subsection plus one foot for each three feet by which the building height exceeds 35 feet. No corner side yard need exceed 25 feet in depth.

(b)

Conditional uses. The yard requirements for conditional uses in the R3 limited general residence district are as follows:

Variances in yard requirements. With regard to interior side yard and corner side yard requirements for cultural institutions, health and medical institutions, philanthropic and charitable, it shall be the standard plus one foot for each two feet by which the building or structure exceeds 25 feet in height.

(c)

Accessory uses. The yard requirements for accessory uses in the R3 limited general residence district, except as indicated below, are the yard requirements of the principal use in the R3 district, which shall apply to the accessory buildings. The following yard requirements are established for the following uses:

Variances in yard requirements. With regard to clubhouses and other structures on the grounds of private clubs, golf courses, and tennis clubs; mausoleums, crematories, and columbariums in cemeteries; and stadiums and grandstands in athletic fields, the standards shall be the same as set forth in subsection (b) of this section, and such setback area is not to be used for parking.

(Code 1973, § 16.07.040(d); Ord. No. 0026-19, pt. 67, 11-12-19)

_____

(a)

Permitted uses. Building bulk limitations for uses permitted in the R3 limited general residence district are as follows:

(b)

Variances. Maximum floor area ratios for permitted uses in the R3 limited general residence district shall be as set forth in subsection (a) of this section with the addition that building height may exceed four stories or 60 feet by conditional use only.

(c)

Conditional uses. Building bulk limitations for conditional uses in the R3 limited general residence district are as follows:

(Code 1973, § 16.07.040(e); Ord. No. 0026-19, pt. 68, 11-12-19)

Signs in the R3 limited general residence district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.07.040(f))

Off-street parking and loading facilities in the R3 district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.040(g))

The R4 general residence district is intended to protect and enhance the character and value of residential areas primarily occupied by varied dwelling types of moderate density (approximately 20 dwelling units per net acre), and to accommodate areas planned for new residential development of moderate density.

(Code 1973, § 16.07.050)

The following uses are permitted in the R4 general residence district, provided that those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter:

(1)

Single-family dwellings.

(2)

Educational institutions (boarding and nonboarding).

(3)

Multiple-family dwellings, including single-family and two-family attached dwellings.

(4)

Cultural institutions.

(5)

Recreational and social facilities.

(6)

Two-family detached dwellings.

(7)

Convalescent and nursing homes, including extended medical care facilities.

(8)

Religious institutions.

(9)

Accessory uses, as described in the R1 district.

(10)

Community living arrangements having the capacity to serve 15 or fewer persons excluding staff or live-in family, as permitted in the R3 district.

(11)

Family day care home.

(12)

Group day care center, but only when operated within an existing educational institution, recreation and social facility, or religious institution.

(13)

Short term rental establishments, as an accessory use, as permitted in the R-1 district.

(Code 1973, § 16.07.050(a); Ord. No. 31-90, pt. 4, 9-18-90; Ord. No. 0004-18, pt. 3, 5-15-18; Ord. No. 0018-19, pt. 4, 8-7-19)

The following conditional uses may be allowed in the R4 general residence district:

(1)

Group day care centers in compliance with the following standards:

a.

The subject location shall not be located closer than 250 feet to a signalized intersection, or at the intersection of major streets.

b.

All facilities such as offices, kitchens, playgrounds, activity areas, classrooms and parking shall be located on the same or directly adjacent property or zoning lot.

c.

All client drop-off and pick-up activities shall be conducted on the same or directly adjacent property or zoning lot.

d.

No other group day care facility should be located within 1,000 feet of the main entrance of another group day care facility.

(2)

Boardinghouses, lodginghouses, and roominghouses.

(3)

Fraternity and sorority houses.

(4)

Mobile home parks.

(5)

Health and medical institutions.

(6)

Planned developments, residential.

(7)

Philanthropic and charitable institutions.

(8)

Public utility and service uses.

(9)

Waiver of yard requirements, in accordance with section 114-254.

(10)

Accessory uses.

(11)

Halfway houses.

(12)

Municipally owned off-street parking facilities.

(13)

Community living arrangements having a capacity for 16 or more occupants, excluding staff or live-in family.

(14)

Retail uses may be allowed in existing buildings designed for commercial use, subject to the following terms and conditions:

a.

Uses shall be limited to:

1.

Bakery, retail.

2.

Barbershop.

3.

Beauty shop.

4.

Candy and ice cream store.

5.

Cleaners, pickup station only.

6.

Custom dressmaking.

7.

Food store, grocery store, meat market, and delicatessen.

8.

Gift and hobby shop.

9.

Offices, business and professional.

10.

Shoe repair shop.

11.

Tailor shop.

12.

Other uses determined to be similar by the planning, heritage, and design commission.

b.

The building existed in its present design and location prior to 1976.

c.

The building was previously zoned commercial according to planning, heritage, and design commission records.

d.

The building has not been converted for residential use.

e.

There will be no sale or consumption of alcoholic beverages on the premises.

f.

There will be no coin-operated amusement devices on the premises.

g.

The conditional use permit shall not be transferred.

h.

The planning, heritage, and design commission shall adopt standards for review of each use as to its compatibility with surrounding uses and the neighborhood.

i.

Conditional use permits issued under this subsection shall be valid for one year. The planning, heritage, and design commission shall conduct an annual review of compliance with the permit. If compliance is found, the permit shall continue for an additional year without action of the common council. If noncompliance is found, continuance of the use may only be by the issuance of a new conditional use permit.

j.

Existing nonconforming uses may become legal uses only upon compliance with the conditional use provisions of this chapter.

(15)

Recreational structures or devices on private property which are designed or built by the owner or person under the direction of the owner, which device or structure is suitable for use by persons over 12 years of age. In reviewing the permit application, the city may require a showing by the applicant that the structure or device is designed in accordance with accepted engineering standards.

(16)

Access corridor overlay district.

(17)

Community gardens.

(18)

Bed and breakfast establishment as permitted by conditional use permit in the R-1 single-family residence district.

(19)

Uses as described in subsection 114-825(b).

(Code 1973, § 16.07.050(b); Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 18-99, pt. 3, 12-21-99; Ord. No. 2-03, pt. 2, 2-4-03; Ord. No. 12-10, pt. 2, 7-6-10; Ord. No. 8-12, pt. 1, 8-15-12; Ord. No. 0026-19, pt. 69, 11-12-19)

The lot size requirements for the R4 general residence district are as follows:

(1)

Permitted uses:

Variances in lot size requirements. Minimum lot area and minimum lot width requirements for other dwellings set forth in this subsection shall be the standard; density may be increased by 20 percent if 80 percent or more of the required parking is provided underground or in-structure.

(2)

Conditional uses:

Variances in lot size requirements. With regard to minimum lot area requirements for planned developments, the five-acre requirement shall be the standard, or area bounded on all sides by city streets or other natural boundaries.

(3)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of the R4 district.

(Code 1973, § 16.07.050(c); Ord. No. 7-93, pt. 2, 4-7-93; Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 70, 11-12-19)

(a)

Permitted uses. The yard requirements for permitted uses in the R4 general residence district are as follows:

Variances in yard requirements. Interior side yard requirements for dwellings, convalescent and nursing homes set forth in this subsection, shall be the standard; however, the total of both interior side yards shall be at least 14 feet, unless the building height exceeds 35 feet, in which case the interior side yards shall equal one-fifth of the building height. Interior side yard and corner side yard requirements for educational, cultural institutions, recreational and social buildings, community centers and religious institutions set forth in this subsection, shall be the standard plus one foot for each two feet by which the building height exceeds 25 feet. Corner side yard requirements for dwellings, convalescent and nursing homes set forth in this subsection, shall be the standard plus one foot for each four feet by which the building height exceeds 35 feet. No corner side yard need exceed 25 feet in depth.

(b)

Conditional uses. The yard requirements for conditional uses in the R4 general residence district are as follows:

Variances in yard requirements. With regard to interior side yard requirements for group day care centers and boardinghouses and fraternity houses, the six-foot requirement shall be the standard; however, the total of both interior side yards shall be at least 14 feet, unless the building height exceeds 35 feet, in which case the interior side yards shall equal one-fifth of the building height. Interior side yard and corner side yard requirements for health and medical institutions, philanthropic and charitable set forth in this subsection, shall be the standard plus one foot for each two feet by which the building height exceeds 25 feet. With regard to corner side yard requirements for group day care centers and boarding and fraternity houses, the 12-foot requirement shall be the standard plus one foot for each four feet by which the building height exceeds 35 feet.

(c)

Accessory uses. The yard requirements for accessory uses in the R4 general residence district, except as indicated below, are the yard requirements of the principal uses in the R4 district, which shall apply to the accessory buildings. The following yard requirements are established for the following uses:

Variances in yard requirements. With regard to interior side yard requirements for buildings accessory to dwellings, except those uses specifically itemized in this section, the six-foot requirement shall be the standard unless the entire structure is located in the rear yard. Requirements for the following: "Clubhouses and other structures on the grounds of private clubs, golf courses, and tennis clubs, stadiums and grandstands in athletic fields," as set forth in this subsection, shall be the standard with the addition that such setback area is not to be used for parking.

(Code 1973, § 16.07.050(d); Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 71, 11-12-19)

_____

Building bulk limitations for uses in the R4 general residence district are as follows:

(1)

Permitted uses.

(2)

Variances in building bulk limitations. With regard to maximum floor area ratio requirements for dwellings and the 2.5 requirement shall be the standard, but the maximum floor area ratio may be increased by 20 percent if 80 percent or more of the required parking is provided underground or in-structure.

(3)

Conditional uses:

(4)

Accessory uses. In the R4 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot, as specified for the principal uses in subsections (1) and (3) of this section.

(Code 1973, § 16.07.050(e); Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 72, 11-12-19)

Signs in the R4 general residence district shall be subject to the regulations of article X of this chapter.

(Code 1973, § 16.07.050(f))

Off-street parking and loading facilities in the R4 district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.050(g))

The R5 general residence district is primarily intended to provide medium to high density residential areas adjacent to major shopping areas and convenient to places of employment. This district requires utilities of high capacity and community facilities sufficient to service the population, and a street system capable of accommodating relatively heavy traffic.

(Code 1973, § 16.07.060)

The permitted uses in the R5 general residence district include any use permitted in the R4 district, and in addition, the following:

Multiple-family dwellings, including restaurants, drugstores, retail food shops, valet shops, beauty shops, and barbershops located in a building containing 50 or more units and accessible to the public only through the lobby of the building; no advertising or display shall be visible from outside the building.

(Code 1973, § 16.07.060(a); Ord. No. 0018-19, pt. 4, 8-7-19)

The conditional uses in the R5 general residence district shall include any use allowed as a conditional use in the R4 district, with the exception of mobile home parks.

(Code 1973, § 16.07.060(b))

_____

(a)

Permitted uses. The lot size requirement for uses permitted in the R5 general residence district are as follows:

Variances in lot size requirements. Minimum lot area and minimum lot width requirements for other dwellings, set forth in this subsection, shall be the standard; however, in no case shall the lot be less than 6,000 square feet in area. If 80 percent or more of the required off-street parking spaces are provided underground or within the structure, the density may be increased by 20 percent.

(b)

Conditional uses. The lot size requirements for conditional uses in the R5 general residence district are as follows:

Variances in lot size requirements. Minimum lot area requirements for planned developments, as set forth in this subsection, shall be the standard, or, area bounded on all sides by city streets or other natural boundaries.

(Code 1973, § 16.07.060(c); Ord. No. 7-93, pt. 3, 4-7-93; Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 73, 11-12-19)

_____

(a)

Permitted uses. The yard requirements for permitted uses in the R5 general residence district are as follows: Uses permitted in the R5 district shall provide required yard space as specified in the R4 district.

(b)

Conditional uses. The yard requirements for conditional uses in the R5 district are as follows: Each conditional use allowed in the R5 district shall provide yard space as specified in the R4 district.

(c)

Accessory uses. The yard requirements for accessory buildings in the R5 district shall be the same as required for the principal buildings, except that garages for storage of automobiles shall provide a rear yard of 2½ feet.

(Code 1973, § 16.07.060(d))

Building bulk limitations in the R5 general residence district are as follows:

(1)

Permitted uses:

(2)

Variances in building bulk limitations. With regard to maximum floor area ratio requirements for dwellings, the 4.8 requirement under subsection (1) of this section shall be the standard; however, if 80 percent or more of the required off-street parking spaces are provided underground or within the structure, the maximum allowable floor area ratio may be increased by 20 percent.

(3)

Conditional uses:

(4)

Accessory uses. In the R5 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot.

(Code 1973, § 16.07.060(e); Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 74, 11-12-19)

Signs in the R5 general residence district shall be subject to the regulations of article X of this chapter.

(Code 1973, § 16.07.060(f))

Off-street parking and loading facilities in the R5 district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.060(g))

The R6 general residence district is primarily intended to provide high density residential areas immediately surrounding the central business and office core. This high density district should be applied only where utilities are of high capacity, community facilities are sufficient to service the population, and the street system is capable of accommodating relatively heavy traffic.

(Code 1973, § 16.07.070)

Any use permitted in the R5 district shall be permitted in the R6 district, plus the following:

(1)

Fraternity and sorority houses.

(2)

Philanthropic and charitable uses.

(Code 1973, § 16.07.070(a))

Any conditional use allowed in the R5 district (unless permitted under section 114-367) shall be a conditional use allowed in the R6 district, plus parking lots and structures other than accessory, and rehabilitation centers or halfway houses.

(Code 1973, § 16.07.070(b))

(a)

Permitted uses. The lot size requirements for uses permitted in the R6 general residence district are as follows:

Variances in lot size requirements. The minimum lot area and minimum lot width requirements for other dwellings, set forth in this subsection, shall be the standard; however, in no case shall the lot be less than 6,000 square feet in area. If 80 percent or more of the required off-street parking spaces are provided underground or within the structure, the density may be increased by 20 percent.

(b)

Conditional uses. The lot size requirements for conditional uses in the R6 general residence district are as follows:

(Code 1973, § 16.07.070(c); Ord. No. 7-93, pt. 4, 4-7-93; Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 75, 11-12-19)

(a)

Permitted uses. Uses permitted in the R6 general residence district shall provide required yard space as specified in the R4 district.

(b)

Conditional uses. Each conditional use allowed in the R6 general residence district shall provide yard space as specified in the R4 district.

(c)

Accessory uses. Yard requirements for accessory buildings in the R6 district shall be the same as required for the principal buildings in the R6 district, except that garages for storage of automobiles shall provide a rear yard of 2½ feet.

(Code 1973, § 16.07.070(d))

Building bulk limitations in the R6 general residence district are as follows:

(1)

Permitted uses:

(2)

Variances in building bulk limitations. With regard to maximum floor area ratio requirements for dwellings, the 8.0 requirement, as set out in subsection (1) of this section, shall be the standard. If 80 percent or more of the required off-street parking spaces are provided underground or within the structure, the maximum allowable floor area may be increased by 20 percent.

(3)

Conditional uses:

(4)

Accessory uses. In the R6 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot.

(Code 1973, § 16.07.070(e); Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 76, 11-12-19)

Signs in the R6 general residence district shall be subject to the regulations of article X of this chapter.

(Code 1973, § 16.07.070(f))

Off-street parking and loading facilities in the R6 district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.07.070(g))

(a)

Permitted uses of land or buildings, as listed in this division, shall be permitted in the districts indicated under the conditions specified. No buildings or zoning lot shall be devoted to any use other than a use permitted in this division in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

(1)

Uses lawfully established on the effective date of this chapter; and

(2)

Conditional uses allowed in accordance with the provisions of section 114-387.

(b)

Uses already established on the effective date of this chapter, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of article IV of this chapter, pertaining to nonconforming buildings and uses.

(Code 1973, § 16.08.010(a))

Conditional uses, as listed in this division, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits.

(Code 1973, § 16.08.010(b))

Lot size requirements in business districts shall be as set forth under each zoning district.

(1)

No use shall be established which is of less area than prescribed in this division for such use in the zoning district in which it is to be located.

(2)

No existing building or dwelling unit shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(Code 1973, § 16.08.010(c))

(a)

Yard requirements shall be as set forth under each zoning district in this division. In addition, in order to provide adequate vehicular vision clearance, no fence, structure, screening or planting of any kind shall be erected, placed, maintained or grown between the heights of 30 inches and seven feet from curb level and no building shall be erected from the curb level to at least eight feet in height or to the first story ceiling above such level, between the lines of intersecting streets or a street and alley intersection and a line joining points on such lines ten feet distant from their point of intersection, or between the lines of intersecting alleys and a line joining points on such lines five feet distant from their point of intersection.

(b)

Fuel dispensing devices with a height of not over six feet shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and the corner side lot line a distance of not less than 15 feet.

(c)

All required yards shall be unobstructed from the ground level to the sky. All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal buildings.

(d)

Wherever a side yard is provided, although not required by this chapter, such yard shall be at least six feet in depth.

(e)

Where portions of the frontage on one side of a street between two intersecting streets are designated on the district map as a residence district, the front or corner side yard requirements of the residence district shall extend into the business district; however, in no case shall such yard be required to extend more than 50 feet into the business district.

(f)

When the average depth of existing front or corner side yards of existing buildings located within 100 feet of each side of a lot, in the same block as such lot, is less than the least front or corner side yard depth prescribed for a building on such lot by other provisions of this division, then the depth of the front or corner side yard of any building need not exceed the shallower of:

(1)

The average depth of the existing front or corner side yards within that 100 feet;

(2)

The depth of existing front or corner side yards on a lot adjacent to such lot; or

(3)

The average depth of existing front or corner side yards of the two immediately adjacent lots.

(g)

In any district where a front or corner side yard is not required, but where such yards have been established by an existing development along a block face, new development shall observe a setback equal to the average of those already existing along such block face. However, new development need not be set back further than the average of existing setbacks on the two lots immediately adjoining, or 25 feet, whichever is less.

(Code 1973, § 16.08.010(d))

The requirements established under each zoning district in this division shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot. Within the O restricted office district, new structures are limited to three stories or 45 feet in height. In all other business and office districts, building height shall be unlimited except as it is governed by maximum floor area ratio. However, all buildings to be erected in the business or office districts shall be limited to a maximum height of 45 feet when located within 100 feet of any property zoned R1, R2 or R3, unless separated therefrom by a major or collector street.

(Code 1973, § 16.08.010(e))

Signs shall be allowed in business and office districts in accordance with the regulations established in article X of this chapter.

(Code 1973, § 16.08.010(f))

Off-street parking and loading facilities, accessory to uses allowed in business and office districts, shall be provided in accordance with the regulations established in article XI of this chapter.

(Code 1973, § 16.08.010(g))

(a)

All uses in business and office districts shall comply with appropriate development standards in accordance with the provisions of section 114-732.

(b)

Not more than two drive-in uses shall be permitted at any street intersection.

(Code 1973, § 16.08.010(h), (i))

The O restricted office district is intended to provide for individual or limited office, professional, and special service uses where such uses would maintain the basic residential character of the district, and adjacent residential districts, in terms of building appearance, yard requirements, and degree of activity connected with the operation of such use.

(Code 1973, § 16.08.020)

(a)

Permitted uses. The following uses are permitted in the O restricted office district:

(1)

Dwellings.

(2)

Office uses:

a.

Accountant.

b.

Architect.

c.

Chiropractor.

d.

Christian Science practitioner.

e.

Commercial artist.

f.

Dentist.

g.

Doctor.

h.

Landscape architect.

i.

Lawyer.

j.

Minister.

k.

Professional engineer.

l.

Real estate and insurance.

m.

Surveyor.

n.

Other recognized professional offices.

(3)

Special service uses:

a.

Art gallery.

b.

Dance studio.

c.

Interior decorator.

d.

Library.

e.

Museum.

f.

Music studio.

g.

Painting studio.

h.

Photography studio.

i.

Sculpture studio.

j.

Travel agency.

k.

Family day care home.

l.

Community living arrangements having the capacity to serve 15 or fewer persons, excluding staff or live-in family.

(4)

Short term rental establishments, as an accessory use, as permitted in the R-1 district.

(b)

Uses subject to conditions. Uses allowed in the O restricted office district are subject to the following conditions:

(1)

Sale of goods or products to customers is not permitted.

(2)

When existing structures are utilized, the external appearance shall remain unchanged except for slight alterations (those modifications which do not change the design, construction, or architecture of the structure), which shall be determined by guidelines established by the planning, heritage, and design commission.

(3)

New construction shall be of an architectural style comparable to the surrounding area. Buildings shall have finished construction on all sides with a roof pitch similar to adjacent buildings and covering the entire structure.

(4)

No building shall be constructed on a lot greater than 12,000 square feet in area except by conditional use permit.

(Code 1973, § 16.08.020(b); Ord. No. 0004-18, pt. 4, 5-15-18; Ord. No. 0026-19, pt. 77, 11-12-19)

The following conditional uses may be allowed in the O restricted office district:

(1)

Religious institutions.

(2)

Cultural institutions.

(3)

Educational institutions.

(4)

Parks and playgrounds.

(5)

Funeral establishments including accessory crematories which comply with the following conditions:

a.

That the unloading of bodies to be cremated be inside a building;

b.

That all cremation operations be within an enclosed building;

c.

That the cremation business not eliminate any required parking;

d.

That no noises from the cremation operations be audible on adjacent residential properties;

e.

That no odor emanate from the cremation operations;

f.

That the cremation operations comply with all air pollution standards;

g.

That the crematory be maintained in good operating condition;

h.

That all codes and ordinances be complied with and required permits acquired; and

i.

That all cremains, ashes and residue be disposed of off-site in a dignified manner.

(6)

Convalescent and nursing homes.

(7)

Planned developments.

(8)

Public utility and service uses.

(9)

Any permitted use to be constructed on a lot greater in area than 12,000 square feet.

(10)

Accessory uses.

(11)

Municipally owned off-street parking facilities.

(12)

Community living arrangements with a capacity of 16 or more excluding staff or live-in family.

(13)

Group day care center in compliance with the following standards:

a.

The subject location shall not be located closer than 250 feet to a signalized intersection, or at the intersection of major streets.

b.

All facilities such as offices, kitchens, playgrounds, activity areas, classrooms and parking shall be located on the same or directly adjacent property or zoning lot.

c.

All client drop-off and pick-up activities shall be conducted on the same or directly adjacent property or zoning lot.

d.

No other group day care facility should be located within 1,000 feet of the main entrance of another group day care facility.

(14)

Bed and breakfast inn which complies with the following conditions:

a.

Shall rent a maximum of ten rooms in the facility.

b.

Rooms shall be rented to transient guests only, for a maximum stay of 30 days.

c.

Shall provide maid service, linen service, bellboy service, room upkeep, front desk and telephone.

d.

Only existing principal buildings shall be used.

e.

The manager shall be an occupant of the inn.

f.

Off-street parking shall be provided in the amount of one parking space per room rented plus two spaces for the manager.

g.

Breakfast shall be the only meal served and shall only be served to guests.

h.

Only one sign shall be allowed, which shall be a maximum of 12 square feet in area and state only the name, address and proprietors of the inn.

i.

That no liquor license for general consumption be acquired.

j.

That all state and local laws be complied with and permits acquired, including the requirements of chapter HSS 195 of the Wisconsin Administrative Code regarding tourist roominghouses.

k.

Any other conditions listed in the conditional use permit approved by the common council.

(15)

Community gardens.

(Code 1973, § 16.08.020(c); Ord. No. 18-99, pt. 4, 12-21-99; Ord. No. 12-10, pt. 2, 7-6-10)

Lot size requirements for the O restricted office district are as follows:

(1)

Permitted uses:

(2)

Conditional uses:

(Code 1973, § 16.08.020(d))

Yard requirements for the O restricted office district are as follows:

(Code 1973, § 16.08.020(e))

No new structure in the O restricted office district shall exceed a floor area ratio of 0.5 nor three stories or 45 feet in height.

(Code 1973, § 16.08.020(f))

Signs in the O restricted office district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.020(g))

Off-street parking and loading facilities in the O district shall be provided as required in article XI of this chapter.

(Code 1973, § 16.08.020(h))

The O-I office/institutional district is designed primarily to accommodate office buildings, civic and governmental structures, and educational and institutional buildings in a mutually compatible environment. Compatible apartment structures may be allowed by conditional use permit.

(Code 1973, § 16.08.030)

The following uses are permitted in the O-I office/institutional district:

(1)

Offices-business, professional, and governmental.

(2)

Philanthropic and charitable uses.

(3)

Clubs and lodges, private.

(4)

Recreational and social facilities as follows:

a.

Parks and playgrounds.

b.

Recreational buildings and community centers, noncommercial.

(5)

Religious institutions as follows:

a.

Churches, chapels, temples, and synagogues.

b.

Rectories, parsonages, and parish houses.

(6)

Accessory uses incidental to and on the same zoning lot as the principal use. Such incidental accessory uses shall include cafeterias, restaurants, gift shops, flower shops, snackbars, drugstores, barbershops, beauty parlors, and office supply stores (not including office machinery and furniture), conducted for the convenience of the employees, patients, patrons or visitors. Such uses shall be designed and located totally within the confines of the principal use. Primary access to the incidental retail uses shall be from within the principal use. All exterior signs related to such uses shall conform to the sign regulations of this district.

(7)

Group day care center, when operated within an existing educational institution, recreation and social facility, or religious institution.

(8)

Short term rental establishments, as an accessory use, as permitted in the R-1 district.

(Code 1973, § 16.08.030(a); Ord. No. 0004-18, pt. 5, 5-15-18)

The following conditional uses may be allowed in the O-I office/institutional district:

(1)

Multiple-family dwellings.

(2)

Convalescent and nursing homes, including extended medical care facilities.

(3)

Group day care centers in compliance with the following standards:

a.

The subject location shall not be located closer than 250 feet to a signalized intersection, or at the intersection of major streets.

b.

All facilities such as offices, kitchens, playgrounds, activity areas, classrooms and parking shall be located on the same or directly adjacent property or zoning lot.

c.

All client drop-off and pick-up activities shall be conducted on the same or directly adjacent property or zoning lot.

d.

No other group day care facility should be located within 1,000 feet of the main entrance of another group day care facility.

(4)

Colleges, junior colleges and universities, including fraternity and sorority houses, dormitories and other structures, and facilities necessary in the operation of a college or university, but specifically excluding trade schools.

(5)

Planned developments, residence, office or institutional.

(6)

Parking lots and garages other than accessory for the storage of private passenger automobiles only.

(7)

Public utility and public service uses as follows:

a.

Fire stations.

b.

Police stations.

c.

Post offices.

d.

Telephone exchanges, telephone transmission equipment buildings, and microwave relay towers.

(8)

Funeral establishments, including accessory crematories which comply with the following conditions:

a.

That the unloading of bodies to be cremated be inside a building;

b.

That all cremation operations be within an enclosed building;

c.

That the cremation business not eliminate any required parking;

d.

That no noises from the cremation operations be audible on adjacent residential properties;

e.

That no odor emanates from the cremation operations;

f.

That the cremation operations comply with all air pollution standards;

g.

That the crematory be maintained in good operating condition;

h.

That all codes and ordinances be complied with and required permits acquired; and

i.

That all cremains, ashes and residue be disposed of off-site in a dignified manner.

(9)

Accessory uses incidental to and on the same zoning lot as the principal use.

(10)

Laboratories, research and testing, when conducted within completely enclosed buildings.

(11)

Banks and other financial institutions, not including drive-in facilities.

(12)

Cultural and civic institutions.

(13)

Educational institutions as follows:

a.

Elementary schools.

b.

High schools.

c.

Colleges, nonboarding.

d.

Public libraries and public art galleries.

e.

Public museums and aquariums.

(14)

Health and medical institutions, including clinics.

(15)

Religious institutions as follows:

a.

Convents, seminaries, monasteries, and nunneries.

b.

Religious retreats.

(16)

Community living arrangements.

(17)

Bed and breakfast inn which complies with the following conditions:

a.

Shall rent a maximum of ten rooms in the facility.

b.

Rooms shall be rented to transient guests only, for a maximum stay of 30 days.

c.

Shall provide maid service, linen service, bellboy service, room upkeep, front desk and telephone.

d.

Only existing principal buildings shall be used.

e.

Manager shall be occupant of the inn.

f.

Off-street parking shall be provided in the amount of one parking space per room rented plus two spaces for the manager.

g.

Breakfast shall be the only meal served and only to guests.

h.

Only one sign shall be allowed, which shall be a maximum of 12 square feet in area and state only the name, address and proprietors of the inn.

i.

That no liquor license for general consumption be acquired.

j.

That all state and local laws be complied with and permits acquired, including the requirements of chapter HSS 195 of the Wisconsin Administrative Code regarding tourist roominghouses.

k.

Any other conditions listed in the conditional use permit approved by the common council.

(18)

Community gardens.

(19)

Uses as described in subsection 114-825(b).

(Code 1973, § 16.08.030(b); Ord. No. 19-95, pt. 1, 10-3-95; Ord. No. 18-99, pt. 5, 12-21-99; Ord. No. 12-10, pt. 2, 7-6-10; Ord. No. 8-12, pt. 1, 8-15-12; Ord. No. 0018-19, pt. 4, 8-7-19)

(a)

Permitted uses. Each permitted use in the O-I office/institutional district shall be located on a lot with a minimum area of 4,800 square feet and a minimum width of 40 feet.

(b)

Conditional uses. Lot size requirements for conditional uses allowed in the O-I district are as follows:

Variances in lot size requirements. Minimum lot area and minimum lot width requirements for multiple-family dwellings set forth in this subsection shall be the standard; however, in no case shall the lot be less than 12,000 square feet in area. If 80 percent or more of the required off-street parking is provided underground or within the structure, the density may be increased by 20 percent. Minimum lot area requirements for planned developments set forth in this subsection, shall be the standard, or, area bounded on all sides by city streets or other natural boundaries.

(Code 1973, § 16.08.030(c); Ord. No. 0018-19, pt. 4, 8-7-19; Ord. No. 0026-19, pt. 78, 11-12-19)

_____

(a)

Generally. The yard requirements for uses permitted in the O-I office/institutional district are as follows:

(b)

Variances. With regard to interior side yard requirements for all uses in the O-I district, the eight-foot requirement in subsection (a) of this section shall be the standard unless the building height exceeds 30 feet, in which case the interior side yards shall equal one-fourth of the building height. Corner side yard requirements for all uses set forth in subsection (a) of this section shall be the standard plus one foot for each three feet by which the building height exceeds 45 feet. No corner side yard in the O-I district need exceed 25 feet in depth.

(c)

Accessory uses. Yard requirements for accessory buildings in the O-I district shall be the same as required for the principal buildings in the O-I district, except that garages for storage of automobiles shall provide a rear yard of five feet.

(Code 1973, § 16.08.030(d))

In the O-I district, the maximum floor area ratio shall be 2.5. If 80 percent or more of the required off-street parking spaces are provided underground or within the structure, the maximum allowable floor area ratio may be increased by 20 percent.

(Code 1973, § 16.08.030(e))

Signs in the O-I district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.030(f))

Off-street parking and loading facilities in the O-I district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.030(g))

The B1 neighborhood convenience district is intended to provide convenience shopping to close proximity for persons residing in nearby residential areas by allowing only such uses as are necessary to satisfy basic shopping needs which occur daily or frequently, and selected additional uses which normally attract little vehicular traffic and are otherwise compatible with residential areas.

(Code 1973, § 16.08.040)

(a)

Uses subject to conditions. Uses allowed in the B1 neighborhood convenience district are subject to the following conditions:

(1)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(2)

Business establishments are restricted to a maximum gross floor area of 6,000 square feet each, exclusive of any floor area devoted to off-street parking or loading facilities. This restriction may be waived by the board of appeals in the case of expansion of established uses.

(3)

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

(4)

Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not allowed.

(5)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this division shall be limited to vehicles of not over 1½ tons capacity when located within 75 feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall, fence, or densely planted compact hedge, not less than five nor more than six feet in height, and having at least 60 percent opacity.

(b)

Permitted uses. The following uses are permitted in the B1 neighborhood convenience district:

(1)

Dwelling units above the first floor.

(2)

Studios or work spaces above the building's street level for artist, sculptor, photographer, composer or other similar artisans or artists, or at the building's street level but no closer than 30 feet to the store front and screened from public view.

(3)

Galleries for artist, sculptor, photographer, composer or other similar artisans or artists.

(4)

Bakeries, retail.

(5)

Banks and other financial institutions.

(6)

Barbershops.

(7)

Beauty shops.

(8)

Bicycle sales, rental, and repair shops.

(9)

Book and stationery stores.

(10)

Camera and photographic supply stores.

(11)

Candy and ice cream stores.

(12)

China and glassware stores.

(13)

Custom dressmaking.

(14)

Drugstores.

(15)

Dry cleaning and laundry receiving stations, processing to be done elsewhere.

(16)

Dry goods stores.

(17)

Florist shops.

(18)

Food stores, grocery stores, meat markets, and delicatessens, not including the sale of alcohol beverages.

(19)

Furniture upholstery, refinishing and repair.

(20)

Gift shops.

(21)

Hobby goods store.

(22)

Interior decorating studios and picture framing.

(23)

Jewelry stores.

(24)

Launderettes, automatic, self-service only (including dry cleaning machines), or hand laundries.

(25)

Massage establishments, as defined in Section 22-766, above the building's street level, or at the building's street level but no closer than 20 feet to the store front with therapy stations being screened from view.

(26)

Offices, business, professional and governmental.

(27)

Office supply stores.

(28)

Opticians sales; retail.

(29)

Shoe, clothing and hat repair stores.

(30)

Shoe stores.

(31)

Sporting goods stores.

(32)

Tailor shops.

(33)

Taverns, cocktail lounges and restaurants, not including live entertainment.

(34)

Television, radio, and other appliance sales and repair stores.

(35)

Telephone booths and coin telephones.

(36)

Tobacco shops.

(37)

Toy stores.

(38)

Wearing apparel shops.

(39)

Variety stores.

(40)

Accessory uses, incidental to and on the same zoning lot as a principal use.

(41)

Community living arrangements having the capacity to serve eight or fewer persons, excluding staff or live-in family.

(42)

Dance studios or dance schools above the building's street level, or at the building's street level but no closer than 20 feet to the store front with instruction and performance areas being screened from view.

(43)

Family day care home.

(44)

Group day care center, when operated within an existing educational institution, recreation and social facility, or religious institution.

(45)

Class 2 non-commercial-type uses as defined in section 114-1.

(46)

Short term rental establishments, as an accessory use, as permitted in the R-1 district.

(Code 1973, § 16.08.040(a), (b); Ord. No. 4-02, pt. 1, 3-19-02; Ord. No. 10-04, pt. 1, 4-7-04; Ord. No. 04-08, pts. 1, 2, 4-14-08; Ord. No. 12-10, pt. 3, 7-6-10; Ord. No. 03-15, pts. 1, 2, 4-8-15; Ord. No. 0004-18, pt. 6, 5-15-18)

The following conditional uses may be allowed in the B1 neighborhood convenience district:

(1)

Parking lots and structures, for the storage of private passenger automobiles.

(2)

Parks, libraries, and other public uses.

(3)

Planned developments.

(4)

Public utility and service uses.

(5)

Radio and television stations and towers.

(6)

Any permitted business development on lots greater than four acres in area.

(7)

Accessory uses, incidental to and on the same zoning lot as a principal use.

(8)

Community living arrangements having a capacity of nine or more, excluding staff or live-in family.

(9)

Group day care centers in compliance with the following standards:

a.

The subject location shall not be located closer than 250 feet to a signalized intersection, or at the intersection of major streets.

b.

All facilities such as offices, kitchens, playgrounds, activity areas, classrooms and parking shall be located on the same or directly adjacent property or zoning lot.

c.

All client drop-off and pick-up activities shall be conducted on the same or directly adjacent property or zoning lot.

d.

No other group day care facility should be located within 1,000 feet of the main entrance of another group day care facility.

(10)

Orthopedic and medical appliance stores.

(11)

Boardinghouses, lodginghouses and roominghouses.

(12)

Other business uses determined by the planning, heritage, and design commission to be of the same general character as the uses permitted in this district.

(13)

Community gardens.

(14)

Photo copying, laser printing, and color copying, letter press, offset printing with sheet sizes up to 11 inches x 17 inches.

(15)

Dwelling units below the second floor.

(16)

Studios or work space located at the buildings street level for artist, photographer, sculptor, composer, tattoo establishment as accessory to a principal use, or other similar artisans or artists.

(17)

Class 1 non-commercial-type uses as defined in section 114-1.

(18)

Takeout-carryout restaurant as defined in 114-1(b).

(Code 1973, § 16.08.040(c); Ord. No. 18-99, pt. 6, 12-21-99; Ord. No. 15-01, pt. 1, 5-16-01; Ord. No. 10-04, pt. 2, 4-7-04; Ord. No. 04-08, pt. 3, 4-14-08; Ord. No. 12-10, pts. 2, 4, 7-6-10; Ord. No. 11-12, pt. 1, 11-20-12; Ord. No. 03-15, pt. 3, 4-8-15; Ord. No. 04-16, pt. 1, 9-28-16; Ord. No. 0026-19, pt. 79, 11-12-19)

In the B1 neighborhood convenience district, there shall be provided not less than 2,400 square feet of lot area for each dwelling unit on a lot.

(Code 1973, § 16.08.040(d))

(a)

Generally. Residential structures in the B1 neighborhood convenience district shall provide yards as specified in the R4 general residence district, section 114-330. However, nonresidential uses in the B1 neighborhood convenience district are not required to provide yards except for transitional yards as set out in subsection (b) of this section.

(b)

Transitional yard requirements.

(1)

Where a side lot line of a lot within the B1 district coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot. In such instances, landscape screening by trees or compact hedge of at least 25 percent opacity shall be provided within such yard.

(2)

Where a rear lot line of a lot within the B1 district coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot. However, when the commercial lot abuts a lot located in the R1 district, the yard provided shall be not less than 15 feet in depth and not less than 12 feet in depth where the commercial lot abuts a lot located in an R2 district; in such instances, landscape screening by trees or compact hedge of at least 25 percent opacity shall be provided within such yard.

(3)

Where the rear lot line of a lot within the B1 district abuts the rear lot line of a lot in a residence district, such lots shall provide a rear yard equal to the average of the required minimums for such yards required in the B1 district and the adjacent residence district.

(Code 1973, § 16.08.040(e))

In the B1 district, floor area ratio shall not exceed 2.0.

(Code 1973, § 16.08.040(f))

Signs in the B1 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.040(g))

Off-street parking and loading facilities in the B1 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.040(h))

The B2 community shopping district is intended to accommodate the needs of a much larger consumer population than is served by the neighborhood convenience district, thus a wider range of uses and structure sizes is permitted for both daily and occasional shopping.

(Code 1973, § 16.08.050)

(a)

Uses subject to conditions. Uses allowed in the B2 community shopping district are subject to the following conditions:

(1)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced except as permitted herein.

(2)

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

(3)

Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are allowed only by conditional use permit.

(4)

Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall, fence, or densely planted compact hedge, not less than five feet nor more than six feet in height, and having at least 60 percent opacity.

(b)

Permitted uses. Any use permitted in the B1 district and the following uses shall be permitted in the B2 district, provided that all those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter:

(1)

Commercial recreational facilities (indoor): Amusement centers, bowling alleys, pool halls, swimming pools, skating rinks and dancehalls.

(2)

Antique shops.

(3)

Educational services:

a.

Schools: Music, and business.

b.

Schools: Commercial or business machine, but not trade schools or vocational.

(4)

Automobile accessory stores.

(5)

Blueprinting and photostating establishments.

(6)

Business machine sales and service.

(7)

Carpet and rug stores, retail sales only.

(8)

Catering establishments.

(9)

Clothing and costume rental stores.

(10)

Coin and philatelic stores.

(11)

Department stores.

(12)

Dry cleaning establishments.

(13)

Electrical and household appliance stores, including radio and television sales, and repair.

(14)

Employment agencies.

(15)

Frozen food stores, including locker rental in conjunction therewith.

(16)

Furniture stores.

(17)

Furrier shops, including the incidental storage and conditioning of furs.

(18)

Garden supply, tool, and seed stores.

(19)

Hearing aid stores.

(20)

Household appliance stores.

(21)

Leather goods and luggage stores.

(22)

Libraries, museums and art galleries, public.

(23)

Locksmith shops.

(24)

Mail order, catalog store.

(25)

Medical and dental clinics and laboratories.

(26)

Musical instrument sales and repair.

(27)

Office machine sales and servicing.

(28)

Orthopedic and medical appliance stores.

(29)

Paint, glass, and wallpaper stores.

(30)

Pet shops.

(31)

Phonograph record and sheet music stores.

(32)

Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.

(33)

Picture framing, when conducted for retail trade on the premises only.

(34)

Radio and television sales, service, and repair shops.

(35)

Restaurants, including entertainment and dancing.

(36)

Secondhand stores and rummage shops.

(37)

Sewing machine sales and service, household appliances only.

(38)

Telegraph offices.

(39)

Theater, indoor.

(40)

Ticket agencies, amusement.

(41)

Travel bureaus and transportation ticket offices.

(42)

Repair, rental, and servicing of any article the sale of which is a permitted use in the district.

(43)

Funeral establishments, including accessory crematories, which comply with the following conditions:

a.

That the unloading of bodies to be cremated be inside a building;

b.

That all cremation operations be within an enclosed building;

c.

That the cremation business not eliminate any required parking;

d.

That no noises from the cremation operations be audible on adjacent residential properties;

e.

That no odor emanate from the cremation operations;

f.

That the cremation operations comply with all air pollution standards;

g.

That the crematory be maintained in good operating condition;

h.

That all codes and ordinances be complied with and required permits acquired; and

i.

That all cremains, ashes and residue be disposed of off-site in a dignified manner.

(44)

Hardware stores.

(45)

Home centers, not including outdoor storage or sales.

(46)

Packaged alcohol beverages.

(47)

Food stores, grocery stores, meat markets, and delicatessens including the sale of packaged alcohol beverages.

(48)

Class 2 non-commercial-type uses as defined in section 114-1.

(Code 1973, § 16.08.050(a), (b); Ord. No. 31-90, pt. 5, 9-18-90; Ord. No. 4-02, pt. 2, 3-19-02; Ord. No. 12-10, pt. 5, 7-6-10; Ord. No. 03-15, pt. 4, 4-8-15; Ord. No. 12-15, pt. 1, 12-15-15)

Any use allowed as a conditional use in the B1 district shall be allowed in the B2 district, and in addition, the following:

(1)

Animal hospitals and kennels (enclosed).

(2)

Automobile service stations.

(3)

Bus stations and terminals.

(4)

Garages for storage, repair, and servicing of motor vehicles.

(5)

Hotels and motels, subject to the following terms and conditions:

a.

The conditional use permit shall not be transferrable from one person to another, nor from one entity to another. The sale or transfer of property from one owner to another shall require a new conditional use permit.

b.

The facility shall not rent rooms on an hourly basis.

c.

The manager may live on site.

d.

The facility shall exclusively accommodate tourists or transients, and only for periods of occupancy less than 30 days, unless the hotel or motel meets all the requirements for an extended stay facility pursuant to subsection (6). For purposes of calculating occupancy, any stays in excess of 29 days within a 90 day period violates this section, whether or not such occupancy was continuous.

e.

The facility shall provide customary hotel or motel services and amenities, such as maid service, laundering, linens, furnishings, room upkeep and front desk services.

f.

The facility must comply with all local and state regulations, including all building, health and fire codes, and shall obtain all required permits, inspections and licenses.

g.

The facility shall not operate in such a way as to constitute a public nuisance in violation of city ordinance or state law.

h.

The facility shall construct and maintain landscaping in compliance with an approved plan and in accordance with section 114-743 of this chapter. Dead, dying or damaged landscaping shall be replaced when necessary and in a timely fashion.

i.

Permitted accessory uses may include related uses such as the following:

1.

Restaurants/taverns, lounges;

2.

Guest laundry;

3.

Recreational activities, including game room, pool, fitness center, and meeting spaces.

j.

The facility shall not concurrently operate under any of the following uses while licensed as a hotel or motel:

1.

Dwelling or dwelling units, whether single-family, two-family, or multiple-family.

2.

Community living arrangements, of any size.

3.

Family day care home.

4.

Charitable meal establishment.

5.

Halfway house.

6.

Boarding, fraternity or sorority house.

7.

Convalescent and nursing home.

8.

Health or medical institutions or clinics.

9.

Roominghouse, boardinghouse or lodginghouse.

k.

In addition to the standards provided in section 114-154 of this Code, no conditional use shall be recommended by the planning, heritage, and design commission unless the following findings of facts can be made with respect to the proposed use:

1.

The applicant has demonstrated that the proposed project will not create urban decay due to significant loss of business or property values in the area surrounding the property.

2.

The applicant has demonstrated that the proposed project will not create an unreasonable or excessive demand for police services.

3.

The applicant has provided an acceptable management plan to deal with potential criminal activities at the premises so as to avoid becoming a public nuisance.

(6)

Hotels and motels—Extended stay facility, subject to the following terms and conditions:

a.

The conditional use permit shall not be transferrable from one person to another, nor from one entity to another. The sale or transfer of property from one owner to another shall require a new conditional use permit.

b.

The facility shall not rent rooms on an hourly basis.

c.

The manager may live on site.

d.

The facility shall exclusively accommodate tourists or transients, except that it may extend the period of occupancy for up to 180 days. For purposes of calculating occupancy, any stays in excess of 180 days within a one year period violates this section, whether or not such occupancy was continuous.

e.

The facility shall provide customary hotel or motel services and amenities, such as maid service, laundering, linens, furnishings, room upkeep and front desk services.

f.

The facility must comply with all local and state regulations, including all building, health and fire codes, and shall obtain all required permits, inspections and licenses.

g.

The facility shall not operate in such a way as to constitute a public nuisance in violation of city ordinance or state law.

h.

The facility shall construct and maintain landscaping in compliance with an approved plan and in accordance with section 114-743 of this chapter. Dead, dying or damaged landscaping shall be replaced when necessary and in a timely fashion.

i.

Permitted accessory uses may include related uses such as the following:

1.

Restaurants/taverns, lounges;

2.

Guest laundry;

3.

Recreational activities, including game room, pool, fitness center, and meeting spaces.

j.

The facility shall not concurrently operate under any of the following uses while licensed as a hotel or motel:

1.

Dwelling or dwelling units, whether single-family, two-family, or multiple-family.

2.

Community living arrangements, of any size.

3.

Family day care home.

4.

Charitable meal establishment.

5.

Halfway house.

6.

Boarding, fraternity or sorority house.

7.

Convalescent and nursing home.

8.

Health or medical institutions or clinics.

9.

Roominghouse, boardinghouse or lodginghouse.

k.

In addition to the standards provided in section 114-154 of this Code, no conditional use shall be recommended by the plan commission unless the following findings of facts can be made with respect to the proposed use:

1.

The applicant has demonstrated that the proposed project will not create urban decay due to significant loss of business or property values in the area surrounding the property.

2.

The applicant has demonstrated that the proposed project will not create an unreasonable or excessive demand for police services.

3.

The applicant has provided an acceptable management plan to deal with potential criminal activities at the premises so as to avoid becoming a public nuisance.

(7)

Parking garages or structures, other than accessory, for the storage of private passenger automobiles only.

(8)

Radio and television stations and studios.

(9)

Recreation buildings and community centers.

(10)

Drive-in establishments.

(11)

Any permitted use or uses located on a zoning lot of four or more acres.

(12)

A brewery, a brewery with a restaurant, or a brew pub, each as defined by Wis. Stat. §§ 125.29 and 125.295, and producing less than 1,000 barrels per year.

(13)

Retail and/or service uses whose primary business does not involve dealing directly with consumers at the establishment.

(14)

Flea market (indoor).

(15)

Physical fitness centers, including physical culture and health services gymnasiums.

(16)

Electrical, plumbing, heating and air conditioning showrooms, including limited storage and shop area.

(17)

Printing and publishing, including newspaper, letter press, business cards, mimeographing and other similar job printing services having not more than five employees.

(18)

Used automobile sales, which are accessory to the storage, repair, and servicing of automobiles, including automobile service stations, provided the used auto sales do not limit vehicular access to and on the site, do not interfere with the storage, repair, and servicing business (the principal use) and when combined with the principal use, complies with city codes and ordinances and state regulations.

(19)

Adult entertainment uses.

(20)

Car wash.

(21)

Pawnbroker businesses, provided that no other pawnbroker business is located within 2,500 feet and the business is located at least 250 feet from a residential district.

(22)

Recycling drop-off sites.

(23)

Access corridor overlay district.

(24)

Mixed use development in an existing building having a minimum of 5,000 square feet of floor area (including all floors except the basement). The uses allowed shall be determined by the planning, heritage, and design commission not to be detrimental to the surrounding properties and uses.

(25)

Charitable meal establishment.

(26)

Body piercing establishments.

(27)

Tattoo establishments.

(28)

Convenient-cash businesses, provided that no other convenient-cash business is located within 2,500 feet and the business is located at least 250 feet from a residential district.

(29)

Uses as described in subsection 114-825(b).

(Code 1973, § 16.08.050; Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 33-90, pt. 1, 9-18-90; Ord. No. 25-94, pt. 1, 12-6-94; Ord. No. 9-98, pt. 2, 7-21-98; Ord. No. 17-98, pt. 2, 10-6-98; Ord. No. 25-06, pt. 2, 7-28-06; Ord. No. 4-07, pt. 2, 5-1-07; Ord. No. 07-08, pt. 3; Ord. No. 8-12, pt. 1, 8-15-12; Ord. No. 05-13, pt. 1, 2-20-13; Ord. No. 03-15, pts. 5, 6, 4-8-15; Ord. No. 12-15, pt. 2, 12-15-15; Ord. No. 0018-19, pts. 5, 6, 8-7-19; Ord. No. 0026-19, pt. 80, 11-12-19)

Charter ordinance reference—Location of gasoline service stations, restricted, § 5-9.

In the B2 district, there shall be no minimum lot area requirements, except for permanent dwelling units which shall provide 2,400 square feet of lot area per dwelling unit.

(Code 1973, § 16.08.050(d))

(a)

Generally. Residential structures in the B2 community shopping district shall provide yards as specified in the R4 general residence district, section 114-330. However, nonresidential uses are not required to provide yards except for transitional yards as provided in subsection (b) of this section.

(b)

Transitional yard requirements. No building or structure in the B2 district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall, fence, or densely planted compact hedge, not less than five feet nor more than eight feet in height; in the event of such screening, the transitional yard requirements specified in the B1 district shall apply in the B2 district. The zoning administrator may waive this requirement if the structure, use, or building is already effectively screened by natural topography or existing screening comparable to the types mentioned.

(Code 1973, § 16.08.050(e))

In the B2 district, floor area ratio shall not exceed 4.0.

(Code 1973, § 16.08.050(f))

Signs in the B2 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.050(g))

Off-street parking and loading facilities in the B2 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.050(h))

The B3 general commercial district is intended to accommodate those commercial activities which may be incompatible with the predominantly retail uses permitted in other business districts; and whose service area is not confined to any one neighborhood or community.

(Code 1973, § 16.08.060)

(a)

Uses subject to conditions. Uses allowed in the B3 general commercial district are subject to the following conditions:

(1)

All business, servicing, or processing shall be conducted within completely enclosed buildings, with the following exceptions: establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles, display of merchandise for sale to the public, and off-street parking and loading.

(2)

Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall, fence, or densely planted compact hedge, not less than five feet nor more than six feet in height, and having at least 60 percent opacity.

(b)

Permitted uses. Any use permitted in the B2 district and the following uses shall be permitted in the B3 district, provided that all those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter:

(1)

Auction rooms.

(2)

Automobile service stations.

(3)

Bakeries, retail and wholesale.

(4)

Boat showrooms, sales, and repairs.

(5)

Car wash facilities.

(6)

Drive-in establishments for uses permitted.

(7)

Electrical showrooms and shops.

(8)

Exterminating shops.

(9)

Farm implement stores.

(10)

Fuel and ice sales.

(11)

Garages used for storage, repair, and servicing of motor vehicles.

(12)

Feed and seed stores.

(13)

Greenhouses and nurseries.

(14)

Heating and air conditioning showrooms and shops.

(15)

Laboratories: Medical, dental, research, and testing.

(16)

Laundries.

(17)

Machinery sales.

(18)

Medical and dental clinics and laboratories.

(19)

Mobile homes sales and rental.

(20)

Motor vehicle sales.

(21)

Parking lots and structures.

(22)

Physical culture and health services, gymnasiums, reducing salons, and public baths.

(23)

Plumbing showrooms and shops.

(24)

Recording or sound studios.

(25)

Schools, vocational or trade.

(26)

Taxidermists.

(27)

Trailer and camper trailer sales and rental, for use with private passenger motor vehicles.

(28)

Repair, rental or servicing of any article, the sale of which is a permitted use in the district.

(29)

Wholesale establishments.

(Code 1973, § 16.08.060(a), (b); Ord. No. 31-90, pt. 6, 9-18-90; Ord. No. 10-04, pt. 3, 4-7-04; Ord. No. 4-07, pt. 3, 5-1-07; Ord. No. 10-12, pts. 1, 2, 11-20-12; Ord. No. 03-15, pt. 7, 4-8-15; Ord. No. 0018-19, pt. 7, 8-7-19)

Any use allowed as a conditional use in the B2 district shall be allowed in the B3 district, unless already permitted in subsection 114-487(b), and, in addition, the following:

(1)

Commercial recreational facilities, including archery ranges, shooting galleries, and other similar commercial recreational facilities.

(2)

Amusement parks, including: permanent carnivals, kiddie parks, golf driving ranges, pitch and putt, miniature golf courses, and other similar outdoor amusement facilities.

(3)

Animal hospitals and kennels, open or enclosed.

(4)

Building material and products sales and storage.

(5)

Cartage and express facilities.

(6)

Contractor or construction offices, shops, and yards.

(7)

Model homes and garage displays.

(8)

Printing and publishing.

(9)

Riding academies and commercial stables.

(10)

Stadiums, auditoriums and arenas, open or enclosed.

(11)

Theaters, drive-in.

(12)

Marinas or establishments leasing mooring space or slips to the public and providing goods and services, including storage, to boat owners; but not engaged in production, processing, or manufacture.

(13)

Flea market.

(14)

Garages for motor vehicle body repair, painting, and engine rebuilding, not to include a towing service, junkyard, auto salvage, or wrecking yard.

(15)

Adult entertainment uses.

(16)

Recycling drop-off sites.

(17)

Access corridor overlay district.

(18)

Pawnbroker businesses, provided that no other pawnbroker business is located within 2,500 feet and the business is located at least 250 feet from a residential district.

(19)

Uses as described in subsection 114-825(b).

(Code 1973, § 16.08.060(c); Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 33-90, pt. 1, 9-18-90; Ord. No. 4-07, pt. 4, 5-1-07; Ord. No. 12-10, pt. 6, 7-6-10; Ord. No. 8-12, pt. 1, 8-15-12; Ord. No. 10-12, pt. 3, 11-20-12)

There are no lot size requirements in the B3 general commercial district.

(Code 1973, § 16.08.060(d))

(a)

Front and corner side yards. Uses allowed in the B3 district shall provide a front yard and corner side yard of not less than 25 feet in depth.

(b)

Transitional yard. No building or structure in the B3 district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall, fence, or densely planted compact hedge, not less than five feet nor more than eight feet in height; in the event of such screening, the transitional yard requirements specified in the B1 district shall apply in the B3 district. The zoning administrator may waive this requirement if the structure, use, or building is already effectively screened by natural topography or existing screening comparable to the types mentioned.

(Code 1973, § 16.08.060(e))

There shall be provided not less than 200 square feet of lot area per dwelling unit in the B3 district.

(Code 1973, § 16.08.060(f))

Signs in the B3 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.060(g))

Off-street parking and loading facilities in the B3 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.060(h))

In the B3 district, the floor area ratio shall not exceed 2.5.

(Code 1973, § 16.08.060(i))

The B4 central business district is intended to accommodate those retail and office uses which are characteristic of the major shopping streets of the downtown area of the city, and discourage uses which detract from, or are incompatible with, pedestrian and shopping oriented traffic.

(Code 1973, § 16.08.070)

(a)

Uses subject to conditions. Uses allowed in the B4 district are subject to the following conditions:

(1)

All business, servicing or processing, except off-street parking, off-street loading, or such drive-in facilities as are specifically authorized in this subdivision, shall be conducted within completely enclosed buildings.

(2)

Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not permitted unless specifically authorized in this subdivision.

(b)

Permitted uses. Any use permitted in the B2 district shall be permitted in the B4 district, and in addition, the following uses shall be permitted:

(1)

Blueprinting and photostating.

(2)

Clothing and costume rental stores.

(3)

Financial institutions.

(4)

Employment agencies.

(5)

Laboratories: Medical and dental, research and testing.

(6)

Machinery sales, with no repair or servicing, provided the storage and display of machinery, except of household appliances and office machines, shall be restricted to floor samples. Not permitted at street level.

(7)

Physical culture and health services: Gymnasiums, reducing salons, and public baths. Not permitted at street level.

(8)

Recording studios. Not permitted at street level.

(9)

Restaurants, including live entertainment and dancing, with the serving of liquor in conjunction therewith.

(10)

Restricted production and repair, limited to the following: art needlework; clothing custom manufacturing and alterations, for retail only; jewelry from precious metals; watches; dentures; and optical lenses. Not permitted at street level.

(11)

Schools: Music and business, when not involving any danger of fire or explosion, nor offensive noise, vibration, smoke, dust, odor, glare, heat, or other objectionable influences. Not permitted at street level.

(12)

Theaters, indoor.

(13)

A brewery, a brewery with a restaurant, or a brew pub, each defined by Wis. Stats. § 125.29 and 125.295 and producing up to 10,000 barrels per year.

(14)

A distiller (rectifier) as defined and regulated by Wis. Stats. § 125.52

(15)

Retail and/or services uses whose primary business does not involve dealing directly with consumers at the establishment.

(16)

Physical fitness centers, including physical culture and health services gymnasiums.

(17)

Printing and publishing, including newspaper, letter press, business cards, and other similar job printing services having not more than five employees.

(18)

Mixed use development in an existing building.

(19)

Studios or work space located at the buildings street level for artist, photographer, sculptor, composer, tattoo establishment as accessory to a principal use, or other similar artisans or artists. Such studio or work space shall have a setback from the storefront of at least 30 feet with the setback area being devoted to active uses such as, but not limited to, galleries, sales floors, display space, cafes.

(20)

Takeout-carryout restaurant as defined in 114-1(b).

(21)

Coffee bean roastery.

(Code 1973, § 16.08.070(a), (b); Ord. No. 10-04, pt. 4, 4-7-04; Ord. No. 03-15, pts. 8, 9, 4-8-15; Ord. No. 0009-18, pt. 2, 6-19-18; Ord. No. 0018-19, pt. 8, 8-7-19)

Any use, except advertising signs and motels, allowed as a conditional use in the B2 district shall be allowed in the B4 district, unless already permitted in section 114-507(b), and in addition, the following:

(1)

Auction rooms.

(2)

Convention and exhibition halls.

(3)

Heliports.

(4)

Printing and publishing.

(5)

Mixed use developments.

(6)

Marinas or establishments leasing mooring space or slips to the public and providing goods, services and boat sales, including storage, to boat owners; but not engaged in production, processing, or manufacture. Not permitted at street level.

(7)

Adult entertainment uses.

(Code 1973, § 16.08.070(c); Ord. No. 0009-18, pts. 1, 2, 6-19-18; Ord. No. 0018-19, pt. 9, 8-7-19)

The regulations governing transitional yards in the B2 district shall apply in the B4 district.

(Code 1973, § 16.08.070(d))

In the B4 district, the floor area ratio shall not exceed 8.0; however, where building floors which meet the established basic floor area ratio of 8.0 are set back from one or more lot lines, floor area ratio premiums may be added to such basic floor area ratio in accordance with each one of the following:

(1)

On any zoning lot where the first story above grade is set back at least 20 feet from the lot line for the entire frontage of the zoning lot on a public street, a premium of 1.5 for each such street setback may be added to the basic floor area ratio, provided that the lot area within such 20-foot setback shall be suitably paved and/or landscaped and otherwise unobstructed except for columns or piers supporting upper stories or a roof. However, if, in addition to the first story, all other stories above grade shall be so set back for at least 20 feet, such premium may be increased to 2.0 for such street setback.

(2)

On any zoning lot where the building from ground level up is set back from one or more lot lines, a premium equal to two times the open area of the lot at ground level divided by the gross lot area may be added to the basic floor area ratio; such open area shall include all lot area at ground level open directly to the sky and extending between exterior building walls and lot lines for a distance of at least eight feet. Such open area shall be suitably landscaped and/or otherwise improved.

(3)

A premium of 1.0 may be added to the basic floor area ratio for those buildings that provide an "interior block arcade" involving the provision of publicly available walkways across or through blocks.

(4)

A premium of 1.0 may be added to the basic floor area ratio for those buildings that provide off-street automobile passenger loading and unloading facilities involving the provision of a special lane and loading area, off the public right-of-way and serving a major passenger destination.

(Code 1973, § 16.08.070(e))

There shall be provided not less than 200 square feet of lot area per dwelling unit in the B4 district.

(Code 1973, § 16.08.070(f))

Signs in the B4 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.070(g))

Off-street parking and loading facilities in the B4 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.070(h))

Any development or structures in the B4 district devoted in whole or in part to residential use shall provide a minimum of 60 square feet of usable leisure space per dwelling unit.

(Code 1973, § 16.08.070(i))

The B5 central service district is intended primarily to furnish areas served by the B4 central business district with a wide variety of services which may be incompatible with the uses permitted in the B4 district. The B5 district also serves as potential expansion areas of the B4 district.

(Code 1973, § 16.08.080)

(a)

Uses subject to conditions. Uses allowed in the B5 central service district are subject to the following conditions: All business, servicing or processing, except off-street parking and loading and establishments of the drive-in type, shall be conducted within completely enclosed buildings.

(b)

Permitted uses. Any use, except parking lots and structures, car wash facilities, farm implement stores, fuel and ice sales, mobile home sales and rental, motor vehicle sales, outdoor advertising devices, trailer and camper sales and rental, permitted in the B3 and B4 districts and the following uses shall be permitted in the B5 district, provided that all those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter.

(1)

Building materials and product sales and storage.

(2)

Bus station or terminal.

(3)

Convention and exhibition halls.

(4)

Dwelling units located in buildings used exclusively for residential purposes, except that dwelling units located on the ground floor or below shall be allowed only by conditional use.

(5)

Printing and publishing.

(6)

Warehousing and wholesale establishments servicing establishments located in the B4 district.

(Code 1973, § 16.08.080(a), (b); Ord. No. 31-90, pt. 7, 9-18-90; Ord. No. 31-93, pt. 1, 1-18-94)

Any use, except advertising signs, allowed as a conditional use in the B4 district shall be allowed in the B5 district, unless already permitted in section 114-527(b), and in addition, the following:

(1)

Stadiums, auditoriums and arenas.

(2)

Dwelling units located on the ground floor or below.

(3)

Adult entertainment uses.

(4)

Recycling drop-off sites.

(5)

Access corridor overlay district.

(6)

Automobile service stations.

(7)

Drive-in establishments for permitted uses.

(8)

Garages for the storage, repair, and servicing of motor vehicles.

(Code 1973, § 16.08.080(c); Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 33-90, pt. 1, 9-18-90; Ord. No. 31-93, pt. 2, 1-18-94)

The regulations governing transitional yards in the B2 district shall apply in the B5 district.

(Code 1973, § 16.08.080(d))

In the B5 district, the floor area ratio may not exceed 8.0; however, floor area ratio premiums may be added to such basic floor area ratio in accordance with premiums specified for the B4 district.

(Code 1973, § 16.08.080(e))

There shall be provided not less than 450 square feet of lot area per dwelling unit in the B5 district.

(Code 1973, § 16.08.080(f))

Signs in the B5 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.08.080(g))

Off-street parking and loading facilities in the B5 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.08.080(h))

Any development or structures in the B5 district devoted in whole or in part to residential use shall provide a minimum of 60 square feet of usable leisure space per dwelling unit.

(Code 1973, § 16.08.080(i))

Permitted uses of land or buildings, as set out in this division, shall be permitted in the districts indicated under the conditions specified. No buildings or zoning lot shall be devoted to any use other than a use permitted in this division in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

(1)

Uses lawfully established on the effective date of the ordinance from which this section was derived.

(2)

Conditional uses allowed in accordance with the provisions of section 114-547.

(Code 1973, § 16.09.010(a))

Conditional uses, as listed in this division, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits.

(Code 1973, § 16.09.010(b))

Yards shall be provided in industrial districts in accordance with the regulations indicated in this division under each zoning district. Yards shall be unobstructed from ground level to the sky. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.

(1)

Where an industrial district adjoins either a residence district or a business district, transitional yards shall be provided in accordance with the regulations indicated in this division under each zoning district. Transitional yards shall be unobstructed from ground level to the sky. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.

(2)

In order to provide adequate vehicular vision clearance, no fence, structure, screening, or planting of any kind shall be erected, placed, maintained, or grown between the heights of 30 inches and seven feet from curb level and no building shall be erected from the curb level to at least eight feet in height or to the first story ceiling above such level, between the lines of intersecting streets or a street and alley intersection and a line joining points on such lines to ten feet distant from their point of intersection or between the lines of intersecting alleys and a line joining points on such lines five feet distant from their point of intersection.

(3)

When the average depth of existing front or corner side yards of existing buildings located within 100 feet of each side of a lot, in the same block as such lot, is less than the least front or corner side yard depth prescribed for a building on such lot by other provisions of this section, then the depth of the front or corner side yard of any building need not exceed the shallower of:

a.

The average depth of the existing front or corner side yards within that 100 feet;

b.

The depth of existing front or corner side yard on a lot adjacent to such lot; or

c.

The average depth of existing front or corner side yards of the two immediately adjacent lots.

(4)

In any district where a front or corner side yard is not required, but where such yards have been established by an existing development along a block face, new development shall observe a setback equal to the average of those already existing along such block face. However, new development need not be set back further than the average of existing setbacks on the two lots immediately adjoining, or 25 feet, whichever is less.

(5)

Wherever a side yard is provided, although not required by this chapter, such yard shall be at least six feet in depth.

(Code 1973, § 16.09.010(c))

The floor area ratio requirements, as set forth in this division under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

(Code 1973, § 16.09.010(d))

Signs shall be allowed in industrial districts in accordance with the regulations established in article X of this chapter.

(Code 1973, § 16.09.010(e))

Off-street parking and loading facilities, accessory to uses allowed in the industrial districts, shall be provided in accordance with the regulations established in article XI of this chapter.

(Code 1973, § 16.09.010(f))

(a)

All uses shall comply with appropriate development standards in accordance with the provisions of article VII, division 6.

(b)

Not more than two drive-in uses shall be permitted at any street intersection.

(Code 1973, § 16.09.010(g), (h))

The I-1 restricted industrial district is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards, or that require a pleasant, hazard-free and nuisance-free environment.

(Code 1973, § 16.09.020)

(a)

Uses subject to conditions. Uses allowed in the I-1 restricted industrial district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not allowed, except as may be authorized within a planned development.

(2)

All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated in this subdivision.

(3)

All storage, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height, and having at least 60 percent opacity.

(4)

Except for those listed, retail uses are not allowed unless accessory, and incidental, to a permitted or conditional use.

(b)

Permitted uses. The following uses are permitted within an I-1 restricted industrial district. Those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter.

(1)

Bakeries.

(2)

Branch banks and credit unions.

(3)

Bedding manufacturing.

(4)

Boot and shoe manufacturing.

(5)

Carpet manufacturing.

(6)

Cloth products manufacturing.

(7)

Dry cleaning establishments.

(8)

Electronic and scientific precision instruments manufacturing.

(9)

Fur processing.

(10)

Glass products production.

(11)

Greenhouse, wholesale.

(12)

Laboratories: Research and testing.

(13)

Laundries.

(14)

Light machinery production: Appliances, business machines, etc.

(15)

Lithographing.

(16)

Mail order houses.

(17)

Musical instruments manufacture.

(18)

Orthopedic and medical appliance manufacture.

(19)

Parking lots, other than accessory, and subject to the provisions of article XI of this chapter.

(20)

Printing and publishing establishments.

(21)

Public utility and service uses.

(22)

Rope, cord, and twine manufacture.

(23)

Sporting goods manufacture.

(24)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(25)

Warehousing, storage, and distribution facilities.

(26)

Wearing apparel manufacture.

(27)

Accessory uses, incidental to and on the same lot as the principal use, including limited retail outlets.

(28)

Plastic product production.

(29)

Office buildings accessory to uses permitted when located in conjunction with or adjacent to the permitted use.

(30)

Studios or work spaces for artist, sculptor, photographer, composer or other similar artisans or artists.

(Code 1973, § 16.09.020(a), (b); Ord. No. 31-90, pt. 8, 9-18-90; Ord. No. 04-08, pt. 4, 4-14-08)

The following conditional uses may be allowed in the I-1 restricted industrial district:

(1)

Airports and commercial heliports, including aircraft landing fields, runways, flight strips, and flying schools, together with hangars, terminal buildings, and other auxiliary facilities.

(2)

Air, motor, water, and railroad freight terminals.

(3)

Bottling company.

(4)

Building materials, sales and storage.

(5)

Chemical processing and productions.

(6)

Cartage and express facilities.

(7)

Cosmetics productions.

(8)

Dairy products processing.

(9)

Food manufacture, packaging, and processing.

(10)

Feed and seed mill.

(11)

Heliports, private.

(12)

Insulating materials manufacture.

(13)

Living quarters for watchmen and their families, located on the premises where they are employed.

(14)

Paper products manufacture.

(15)

Pottery and ceramics manufacture.

(16)

Machine shops.

(17)

Metal stamping.

(18)

Parks and playgrounds.

(19)

Planned developments, industrial.

(20)

Radio and television stations and towers.

(21)

Recreation buildings, community centers, or meeting halls.

(22)

Restaurants.

(23)

Sewage treatment plants, municipal.

(24)

Signs in excess of 35 feet in height from curb level.

(25)

Soap manufacture.

(26)

Advertising signs, in accordance with article X of this chapter.

(27)

Stadiums, auditoriums, and arenas, open or enclosed.

(28)

Trade schools.

(29)

Woodworking and wood products.

(30)

Other manufacturing, processing, storage, or commercial uses determined by the planning, heritage, and design commission to be of the same general character as the uses permitted in section 114-567(b).

(31)

Accessory uses, incidental to and on the same zoning lot as the principal use, including limited retail outlets.

(32)

Marinas or establishments leasing mooring spaces or slips to the public and providing goods, services and boat sales, including storage, production, processing and manufacture.

(33)

Garages for the storage, repair, and servicing of motor vehicles.

(34)

Recycling drop-off sites.

(35)

Access corridor overlay district.

(36)

Mixed use development in an existing building having a minimum of 10,000 square feet of floor area (including all floors except the basement). The uses allowed shall be determined by the planning, heritage, and design commission not to be detrimental to the surrounding properties and uses.

(37)

Community gardens.

(38)

Uses as described in subsection 114-825(b).

(39)

Brewery as defined by Wis. Stat. § 125.29.

(Code 1973, § 16.09.020(c); Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 33-90, pt. 1, 9-18-90; Ord. No. 25-94, pt. 2, 12-6-94; Ord. No. 18-99, pt. 7, 12-21-99; Ord. No. 8-12, pt. 1, 8-15-12; Ord. No. 12-15, pt. 3, 12-15-15; Ord. No. 0026-19, pt. 81, 11-12-19)

There are no lot requirements in the I-1 restricted industrial district.

(Code 1973, § 16.09.020(d))

In the I-1 district, there shall be no yard requirements except for transitional yards as follows:

(1)

Transitional yards. Where a side or rear lot line in an I-1 district coincides with a side or rear lot line in an adjacent residence or business district, a yard shall be provided along such side or rear lot line not less than 25 feet in depth. This yard shall contain landscaping and planting so designed and/or planted as to be 25 percent or more opaque when viewed horizontally between two feet and eight feet above average ground level.

(2)

Where an I-1 district occupies a block face with a residential district, or is across a street from a residential district, there shall be a yard required, as determined by the planning, heritage, and design commission, but not greater than 25 feet in depth.

(Code 1973, § 16.09.020(e); Ord. No. 0026-19, pt. 82, 11-12-19)

In the I-1 district, floor area ratio shall not exceed 1.5.

(Code 1973, § 16.09.020(f))

Signs in the I-1 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.09.020(g))

Off-street parking and loading facilities in the I-1 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.09.020(h))

The I-2 general industrial district is intended to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential and commercial development.

(Code 1973, § 16.09.030)

(a)

Uses subject to conditions. Uses allowed in the I-2 general industrial district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted, except as may be authorized within a planned development.

(2)

All business, servicing or processing conducted within 300 feet of a residence or commercial district shall be conducted within completely enclosed buildings.

(3)

All storage within 300 feet of a residence district, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.

(4)

Except for those listed in this subdivision, retail uses are not allowed unless accessory, and incidental, to a permitted or conditional use.

(b)

Permitted uses. The following uses are permitted in the I-2 general industrial district; provided, that those permitted uses located in an access corridor overlay district shall comply with article VI of this chapter:

(1)

Any use permitted in the I-1 district.

(2)

Abrasives manufacture.

(3)

Asphalt products manufacture.

(4)

Bottling company.

(5)

Brick and structural clay products manufacture.

(6)

Building materials, sales and storage.

(7)

Cartage and express facilities.

(8)

Chemical processing and manufacturing.

(9)

Concrete mixing plants.

(10)

Cosmetics productions.

(11)

Dairy products processing.

(12)

Electroplating.

(13)

Feed and seed mill.

(14)

Food manufacture, packaging, and processing.

(15)

Foundries and forge plants.

(16)

Grain storage and processing.

(17)

Graphite products manufacture.

(18)

Gypsum manufacture.

(19)

Heavy machinery production.

(20)

Insulating materials manufacture.

(21)

Leather tanning or processing.

(22)

Linoleum manufacturing.

(23)

Machine shop.

(24)

Meat packing.

(25)

Metal reduction and refinement.

(26)

Metal stamping.

(27)

Mining operations.

(28)

Paint products manufacture.

(29)

Paper products manufacture.

(30)

Petroleum products storage or processing.

(31)

Plastics manufacture.

(32)

Pottery and ceramics manufacture.

(33)

Rubber processing or manufacture.

(34)

Sewage treatment plants, municipal.

(35)

Soap manufacture.

(36)

Steel manufacture.

(37)

Stone products manufacture.

(38)

Woodworking and wood products.

(39)

Breweries as defined by Wis. Stat. § 125.29.

(Code 1973, § 16.09.030(a), (b); Ord. No. 31-90, pt. 9, 9-18-90; Ord. No. 05-13, pt. 2, 2-20-13; Ord. No. 12-15, pt. 4, 12-15-15)

The following conditional uses may be allowed in the I-2 general industrial district:

(1)

Any use allowed as a conditional use in the I-1 district unless already permitted in section 114-587(b).

(2)

Areas for dumping or disposal of garbage, refuse or trash.

(3)

Automobile service stations.

(4)

Car wash.

(5)

Garages for storage, repair, and servicing of motor vehicles, including body repair, painting, and engine rebuilding.

(6)

Junkyards and auto graveyards.

(7)

Other manufacturing, processing, or storage uses determined by the planning, heritage, and design commission to be of the same general character as the uses permitted in section 114-587(b).

(8)

Advertising signs (see article X of this chapter).

(9)

Contractor or construction offices, shops and yards.

(10)

Recycling drop-off sites.

(11)

Access corridor overlay district.

(Code 1973, § 16.09.030(c); Ord. No. 31-90, pt. 2, 9-18-90; Ord. No. 33-90, pt. 1, 9-18-90; Ord. No. 10-12, pt. 4, 11-20-12; Ord. No. 0026-19, pt. 83, 11-12-19)

There are no lot requirements in the I-2 district.

(Code 1973, § 16.09.030(d))

In the I-2 district, there shall be no yard requirements except for transitional yards, which shall be the same as those required for the I-1 district.

(Code 1973, § 16.09.030(d))

In the I-2 district, floor area ratio shall not exceed 4.0.

(Code 1973, § 16.09.030(f))

Signs in the I-2 district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.09.030(g))

Off-street parking and loading facilities in the I-2 district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.09.030(h))

The I-P industrial park district is an overlay district intended to be applied by the common council to those parts of existing I-1 or I-2 districts where an open, parklike or campus-like environment can and should be developed and maintained, upon recommendation by the planning, heritage, and design commission that such designation is in compliance with the adopted land use plan.

(Code 1973, § 16.09.040)

Land designated I-P industrial park district shall be subject to the following conditions:

(1)

I-P industrial park regulations shall apply to any designated land in addition to all other standards and regulations normally required by the industrial district in which such land is located.

(2)

Structures shall have a finished appearance on all sides.

(3)

Off-street parking and loading areas and outdoor storage shall be screened from view from public ways by the use of earth berms and/or planted areas. Such screening shall be approved by the planning, heritage, and design commission.

(4)

Any part of any lot not devoted to off-street parking or loading, structures, pedestrian or vehicular accessways shall be suitably landscaped and maintained.

(Code 1973, § 16.09.040(a); Ord. No. 0026-19, pt. 85, 11-12-19)

(a)

Permitted uses. Any use normally permitted in the I-1 or I-2 district upon which the I-P district is superimposed shall be allowed in the I-P industrial park district.

(b)

Conditional uses. Any use normally allowed as a conditional use in the I-1 or I-2 district upon which the I-P district is superimposed, except advertising signs, shall be allowed in the I-P industrial park district.

(Code 1973, § 16.09.040(b), (c); Ord. No. 10-12, pt. 5, 11-20-12)

There are no lot requirements in the I-P district.

(Code 1973, § 16.09.040(d))

The yard requirements for the I-P industrial park district are as follows:

(Code 1973, § 16.09.040(e))

In the I-P district, floor area ratio shall not exceed 1.0.

(Code 1973, § 16.09.040(f))

Signs in the I-P district shall be subject to the regulations contained in article X of this chapter.

(Code 1973, § 16.09.040(g))

Off-street parking and loading facilities in the I-P district shall be provided in accordance with article XI of this chapter.

(Code 1973, § 16.09.040(h))

The H historic properties district is an overlay district intended to be applied by the common council to those specific properties, structures, defined areas or locations where, upon the owner's written petition or written consent, it has been recommended by the planning, heritage, and design commission under the authority of chapter 58, that historical, architectural, archeological and cultural resources exist that are important to preserve as a landmark or landmark site to aid in the documentation, study and understanding of the collective history of the city, county, state, region or nation.

(Ord. No. 23-05, pt. 5, 12-6-05; Ord. No. 0026-19, pt. 86, 11-12-19)

Any permitted use and conditional use as permitted in the underlying district is permitted in the H district.

(Ord. No. 23-05, pt. 5, 12-6-05)

(a)

Recommendations for designation, and upon designation the subsequent maintenance, repair, alteration, razing and rescission of designations of specific landmarks and landmark sites shall be regulated by chapter 58.

(b)

Landmarks and landmark sites may include one or more properties, structures, defined areas or locations.

(Ord. No. 23-05, pt. 5, 12-6-05)

In rendering a decision to designate the H historic properties district for a specific property, structure, area or location, the planning, heritage, and design commission and common council shall consider the following:

(1)

Whether all affected property owners have submitted a written petition or written consent for the rezoning of the subject property.

(2)

The findings of the landmarks preservation commission that resulted in a recommendation that the H historic properties district should be designated, thus recognizing a landmark or landmark site or contributing property.

(3)

The suitability for preservation or restoration.

(4)

The cost of maintenance and repair.

(5)

Alternative uses.

(6)

General community planning.

(Ord. No. 23-05, pt. 5, 12-6-05; Ord. No. 4-09, pt. 11, 2-18-09; Ord. No. 0026-19, pt. 87, 11-12-19)

Lot, yard, floor area ratio, sign and off-street parking and loading, and any other requirements are as stipulated for the underlying district.

(Ord. No. 23-05, pt. 5, 12-6-05)

Architectural guidelines may be adopted and amended from time to time by resolution of the common council. The purpose of these guidelines is to provide guiding principles and component specific framework relating to each architectural quality of a property to achieve the outcome of a durable project that upholds or enhances the value of it and adjacent properties. In applying the guidelines, consideration shall be given to the context of the built and natural surroundings in which the property is situated.

(Ord. No. 4-09, pt. 12, 2-18-09)