All buildings and parking areas shall be subject to a special setback from State Highway 42/57 as follows:

(1)

Between the west city limits and the Bayview Bridge such setback shall be 50 feet from the edge of the right-of-way, except that for any property fronting on the south side of Highway 42/57 west of the easterly side of the Elgin Avenue right-of-way extended and east of Duluth Avenue (County S) being zoned C-1 Commercial, the required setback for off-street parking areas shall be 25 feet, and for buildings shall be 40 feet.

(2)

Between Bayview Bridge and the north city limits such setback shall be 200 feet. The setback may be reduced to 100 feet for buildings and 80 feet for parking areas provided a vegetative screen is provided between the right-of-way line and the building/parking areas as follows:

(a)

Number of trees. There shall be at least ten evergreen trees per 100 linear feet of the vegetative screen.

(b)

Height. The required trees shall be at least three feet in height at the time of establishment of the screen.

(c)

Tree placement. The trees shall be staggered such that the centers of the trees are not greater than 15 feet apart, and there is at least one tree within each ten-foot horizontal segment of the vegetative screen.

(d)

Mature height. The required trees shall be capable of attaining heights of at least 20 feet.

(e)

Tree materials. Tree species to be located in the vegetative screen shall be suitable for survival in Sturgeon Bay's climate and soil conditions found at the site.

(f)

Installation. Installation of the required vegetative screen shall be the responsibility of the owner of the lot and it shall be installed with six months of the occupancy.

(g)

Maintenance. Mature vegetative screens shall be maintained by the property owner so as to retain the required spacing and height characteristics. However, trees may be thinned provided an opaque screening is still maintained.

(3)

The setbacks for lots within the Spring Oaks Subdivision and the Leathem Smith Subdivision #2 shall be the state building setback lines as shown on the recorded subdivision plats.

(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1082-1102, § 1, 11-6-02)