The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the "S" suburban district.

(Zoning Ord. § 2-44)

A building or premises in the "S" suburban district shall be used only for the following purposes:

(1)

Accessory building or use, customarily incident to the uses below, provided that any such accessory building shall be erected at the same time or after the construction of the principal building.

(2)

Agricultural uses, such as field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, aviaries and apiaries, including greenhouses; but not including a sales room for the sale of products grown on the premises.

(3)

Church or other place of worship or Sunday school.

(4)

Country club or golf course, except a miniature course or driving range for commercial purposes.

(5)

Hospital or institution of an educational, religious, charitable or philanthropic nature; provided that such buildings shall occupy not more than ten percent of the total area of the lot and shall be set back from all yard lines a distance of not less than two feet for each foot of building height.

(6)

Home occupation.

(7)

Kennel, veterinary hospital or riding stable, provided that any building or enclosure so used shall be located not less than 100 feet from any lot line.

(8)

One-family dwelling.

(9)

Publicly-owned or operated forest reserve, park, playground or community building.

(10)

Seasonal camp or cabin, buildings to be located not less than 200 feet from an R district.

(11)

Tourist home.

(Zoning Ord. § 2-45; Ord. No. O18-4054, § 1, 2-6-2018)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed. In addition, the minimum lot area for kennels, veterinary hospitals, seasonal camp or cabin, riding stables, and farms and agricultural uses listed in section 122-221(2) shall be five acres; and for country clubs and golf courses, the minimum lot area shall be 30 acres.

(Zoning Ord. § 2-46)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-47; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-1-A one-family district.

(Zoning Ord. § 2-48)

A building or premises in the R-1-A one-family district shall be used only for the following purposes:

(1)

One-family dwelling.

(2)

Two-family dwelling, provided that such dwelling is designed to protect and reflect the character of one-family residences. To this intent, in addition to those regulations otherwise set forth in this division, the following requirements shall be observed:

a.

Single front entrance. Access to the second dwelling unit shall be either through a common hallway within one front entrance, or means of a separate entrance at the side or rear of the building.

b.

Exterior stairways. No exterior stairway with a total vertical rise greater than five feet shall be permitted.

c.

Third floor exits. Any dwelling unit or portion thereof which is located on the third floor shall have two separate means of exit.

d.

Roomers. Any two-family dwelling located in a one-family residential district shall be for the exclusive occupancy by two families and no roomers shall be permitted.

e.

Minimum dwelling size. No two-family dwelling within a structure erected after April 11, 1988, shall contain a total of less than 1,800 square feet of floor area other than garages or utility rooms or basement or attic space not used for living quarters.

f.

Dispersion of dwellings. No two-family dwelling shall be constructed and no single-family dwelling shall be converted to a two-family dwelling within a distance of 300 feet from any other two-family dwelling or multiple family dwelling located within the same block.

g.

Limitations on variances. Notwithstanding its power to grant variances as set forth in section 122-116, the board of zoning appeals shall not grant any variance from the requirements for the allowance of two-family dwellings in a one-family residential district; provided that such board may grant a variance reducing by not more than ten percent the minimum dimensional requirements for allowance of a two-family dwelling in a one-family residential district if the required findings are made by the board.

(3)

Accessory building or use, subject to the provisions of section 122-667, including a private garage customarily incident to the uses allowed in this district, but not involving the conduct of a business; provided that any such accessory building shall be erected at the same time or after the construction of the principal building.

(4)

Agricultural uses primarily for home consumption, such as domestic gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, aviaries and apiaries, including a greenhouse, but not including a salesroom or roadside stand.

(5)

Church or other place of worship or Sunday school, provided that any such building shall be located not less than 25 feet from any side lot line.

(6)

Golf club grounds with an area of not less than 30 acres. A miniature course or practice driving tee operated for commercial purposes is not permitted.

(7)

Home occupation.

(8)

Publicly-owned or operated forest reserve, park, playground or community building, museum, library or art gallery, provided that any such building shall be located not less than 25 feet from any side lot line.

(9)

Residential boat dockage under the following conditions:

a.

Dockage of boats owned and primarily used by a resident of the property in question is a permitted accessory use to the primary residential use and shall not be limited in number.

b.

The rental or use of boat dockage spaces on property on which there is a residential structure by owner of boats not residing on the property in question is not a permitted accessory use to the primary residential use.

(10)

Tourist home.

(Zoning Ord. § 2-49; Ord. No. O18-4054, § 1, 2-6-2018)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the R-1-A one-family district.

(Zoning Ord. § 2-50)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-51; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-1-B one-family district.

(Zoning Ord. § 2-52)

The use regulations in the R-1-B one-family district are the same as those in the R-1-A one-family district.

(Zoning Ord. § 2-53)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the R-1-B one-family district.

(Zoning Ord. § 2-54)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-55; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-2 two-family district.

(Zoning Ord. § 2-56)

(a)

Generally. A building or premises in the R-2 two-family district shall be used only for the following purposes:

(1)

Any use permitted in the R-1-A one-family district.

(2)

Two-family dwelling.

(3)

Townhouse dwelling, containing no more than three dwelling units, provided that each dwelling shall exhibit the characteristics of a series of single-family dwellings which are arranged in an attached side-by-side fashion, and that such dwelling is designed to protect the character of one-family residences. To this intent, in addition to those regulations otherwise set forth in this chapter, the following requirements shall be observed:

a.

Dispersion of dwellings. Regardless of ownership, no townhouse dwelling shall be constructed within 300 feet of any other townhouse dwelling.

b.

Modulation of roof lines. The roofs or portions thereof of no more than two adjacent dwelling units within a townhouse dwelling shall be located within the same plane, and any variation in the height of such roofs or portions thereof shall be a minimum of three feet.

c.

Modulation of exterior walls. The exterior vertical walls of no more than two adjacent dwelling units within a townhouse dwelling shall be located within the same vertical plane, and the variation in setback of such exterior vertical walls shall be a minimum of three feet.

d.

Private open space. A private open space shall be provided at each end of all dwelling units by means of an extension of the vertical party or division walls; these extensions shall be provided by wood, brick or stone fences, evergreen vegetative materials, or the direct extension of the party or division walls; these extensions shall be for a minimum distance of six feet and shall have a minimum height of five feet.

e.

Dwelling units must front on a street. Townhouse dwellings shall be located on lots in such a way that each individual dwelling unit has a minimum of 15 feet of street frontage.

(b)

Limitations on variances. Notwithstanding the provisions of section 122-116 of this chapter, no variance from the strict application of the requirements established in this article for townhouse dwellings in R-2 two-family districts shall be granted except variation of not more than ten percent of the dimensional requirements established in this article.

(Zoning Ord. § 2-57)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the R-2 two-family district.

(Zoning Ord. § 2-58)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-59; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-3 apartment residential district.

(Zoning Ord. § 2-60)

A building or premises in the R-3 apartment residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-2 two-family district.

(2)

Apartment hotel.

(3)

Multiple dwelling.

(4)

Roominghouse, boardinghouse and tourist home.

(5)

Row or group dwellings, subject to the requirements of sections 122-400 through 122-404.

(6)

Religious, educational, eleemosynary institution of a philanthropic nature, but not a penal or mental institution.

(7)

Nursing, rest or convalescent home.

(8)

Private club, fraternity, sorority or lodge, excepting only the chief activity of which is a service customarily carried on as a business.

(9)

Accessory building or use customarily incident to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, apartment hotel, row or group house, roominghouse, boardinghouse, hospital or institution; provided that any such accessory building shall be erected at the same time or after the construction of the principal building.

(Zoning Ord. § 2-61)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the R-3 apartment residential district.

(Zoning Ord. § 2-62)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-63; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the R-4 apartment residential district.

(Zoning Ord. § 2-64)

A building or premises in the R-4 apartment residential district shall be used only for the following purposes:

(1)

Any use permitted in the R-3 apartment residential district.

(2)

Hotels, in which services customarily incident to the operation thereof, may be conducted for the convenience of the occupants of the hotel; provided that there is no advertising sign, no show window, or no entrance to such place of business except from the inside of the building.

(Zoning Ord. § 2-65)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the R-4 apartment residential district.

(Zoning Ord. § 2-66)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-67; Ord. No. O92-2686, 10-6-1992)

(a)

Scope. The provisions of this division apply to the PDD planned development district.

(b)

Purpose. The purpose of the PDD planned development district is to encourage and provide a means for effectuating desirable development, redevelopment, rehabilitation and conservation in the city by allowing for greater flexibility, better utilization of topographical and natural site characteristics, more economical and stable development with variations in siting, land use, and types of dwellings and commercial buildings, thereby promoting the public health, safety and welfare. The regulations contained herein are established to permit latitude in the development of a building site, if such development is found not to be harmful, offensive, or otherwise adverse to the environment, property values, or character of the neighborhood in which it is to be located, and is found to be in accordance with the purpose, spirit and intent of this chapter. It is intended to permit and encourage diversification, variation, and imagination in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects. Economic considerations, amenities and compatibility of a PDD planned development district are to be assured through adoption of a development plan.

(c)

Application to existing uses. This section shall operate as a conditional use and as an alternate to permitted uses and regulations applicable to existing districts, and shall be applicable to particular lands only when such lands are zoned under a PDD planned development district by action of the common council.

(Zoning Ord. § 2-36(a), (b); Ord. No. 90-2526, 3-20-1990; Ord. No. O99-3164, 6-1-1999)

All uses which are presently permitted in this chapter and such other uses which, in the opinion of the plan commission and the common council, are felt to be compatible with the permitted uses referred to herein, and which will effectuate the intended purpose of this chapter, shall be permitted.

(Zoning Ord. § 2-36(c)(1); Ord. No. O90-2526, 3-20-1990; Ord. No. O99-3164, 6-1-1999)

(a)

Lot area. The minimum lot area which may be permitted for application of the PDD planned development district shall be 100,000 square feet, except when undertaken in conjunction with a public improvement, in which case 25,000 square feet will be the minimum.

(b)

Standards. Standards for land area per dwelling unit, land coverage by building, density, front, side and rear yard setback requirements, building height requirements, aesthetic considerations, and other requirements deemed necessary by the city plan commission and the common council, shall be determined by standards established in the applicable existing zoning district most similar in nature and function to the proposed PDD planned development district, as determined by the plan commission and the common council. Exceptions to these standards are permissible when the plan commission and the common council find that such exceptions will:

(1)

Encourage a desirable living environment;

(2)

Provide public benefits which outweigh any adverse effect on neighboring lands and the uses and structures found thereon;

(3)

Not unreasonably impact school facilities or other public facilities or services without adequate provision being made to minimize or relieve such impact;

(4)

Not create a traffic or parking demand incompatible with existing or proposed facilities to serve it;

(5)

Be of benefit to the community and be in the public interest;

(6)

Promote the intended purpose of the district, this chapter, and Wis. Stats. § 62.23(7)(b).

(Zoning Ord. § 2-36(c)(2), (c)(3); Ord. No. 90-2526, 3-20-1990; Ord. No. O99-3164, 6-1-1999)

A development plan shall contain such information as the plan commission and the common council shall deem necessary, and shall include the following:

(1)

A plat or survey of the development area by a registered land surveyor, with a recordable legal description, including all existing utilities and recorded easements;

(2)

A plot plan showing the location of all structures, all other features to be constructed, and all other uses of land, to scale, and with sufficient detail to determine the extent of each use of said structures and land;

(3)

A topographic map with a contour interval of not more than two feet, and sufficient spot elevation to determine the nature of the grade in the proposed development;

(4)

Building plans in sufficient detail such that the use of each floor can be determined and the bulk of the building and aesthetic nature of the building may be determined;

(5)

A planting plan sufficient in detail to indicate the nature of all landscaping to be done in the proposed development;

(6)

A statement of the various stages, if more than one is intended, by which the development is proposed to be constructed or undertaken, and the time limit of the completion of each stage, together with a description of the real property to be included in each stage. If more than one stage is proposed, a plot shall be furnished showing the physical location of each stage;

(7)

A statement of the proposed changes, if any, in locations or levels of streets or alleys and any proposed street or alley closings or vacations;

(8)

A statement related to the adequacy of public facilities and utilities;

(9)

A statement of the proposed method of financing the development in sufficient detail to evidence the probability that the proponents of said plan will be able to finance or arrange to finance the development;

(10)

All planned development within the districts zoned W-1 waterfront shall conform to the waterfront commercial development standards.

(Zoning Ord. § 2-36(c)(4); Ord. No. 90-2526, 3-20-1990; Ord. No. O99-3164, 6-1-1999)

(a)

Prepetition conference. Prior to official submittal of a petition for construction of a PDD planned development district, the petitioner (owner, agent or proponent) may meet with the plan commission and city staff as may be provided by the common council for a preliminary discussion as to the scope and nature of the proposed development and to consider alternate solutions to the development of a given area.

(b)

Petition.

(1)

Petition may be made to the common council by the owners, their agents, or the proponents of the development plan for approval of a specific project plan under the provisions of these regulations and for a change in zoning to that of PDD planned development district. Such petition for approval of a plan and for a change of zoning shall be processed in accordance with the procedures set forth in Wis. Stats. § 62.23(7)(d).

(2)

Further, said petitioner shall include in the petition filed with the city, evidence satisfactory to the common council that the petitioner is or has the power to become the owner of all lands in the proposed planned development area upon compliance with prescribed conditions at a date to be established by the common council.

(c)

Referral. Prior to making a final determination, the proposed city development plan shall be referred to the plan commission for advice and recommendation. Unless extended by the common council, the recommendation of the plan commission shall be made to the common council within 60 days of such referral.

(d)

Findings and action required.

(1)

The plan commission may recommend rezoning of an area into a PDD planned development district. The common council, after receiving the recommendation of the plan commission, and after public hearing may, by resolution, approve the development plan as presented or modified and, by ordinance, rezone the area included in said plan to a PDD planned development district, provided the plan commission and the common council finds that the facts submitted with the application and presented at the hearings establish that:

a.

The development plan is in accord with the intent and purpose of this chapter and Wis. Stats. § 62.23(7)(b) and is in the public interest;

b.

The area to be developed is not less than 100,000 square feet, or that it is undertaken in connection with a public improvement, in which case it is not less than 25,000 square feet and will be developed in an efficient and economically satisfactory manner, and will contribute to the improvement of the area in which the development is to be located;

c.

The various stages, if any, by which the development is proposed to be constructed or undertaken as stated in the development plan, are practical and in the public interest;

d.

Public facilities and utilities, existing or proposed, either in conjunction with the plat or separately, are or will be adequate by the time the development plan is completed;

e.

The proposed changes, if any, to the city map with regard to street and alley locations, levels, closings or vacations are necessary, desirable, and in the public interest;

f.

That the development as proposed will create an environment of sustained desirability and stability, will not be significantly incompatible with present and potential surrounding uses, and will have a beneficial effect which could not be achieved under other zoning districts and which outweighs any adverse effect on neighboring property values and uses;

g.

Any exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the development plan;

h.

The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;

i.

The proposed method of financing the development is feasible and that it is probable that proponents of the plan will be able to finance or arrange to finance the development.

(2)

If, from the facts presented, the plan commission or the common council is unable to make the necessary findings, the application shall be denied.

(3)

In taking action, the plan commission may recommend a denial of the development plan and development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments.

(4)

The plan commission or the common council may conditionally approve a plan subject to modification and/or subject to a showing that the method of financing the development plan is feasible and that it is probable that the proponents of the plan will be able to finance or arrange to finance the development plan, such showing to be made at a time thereafter to be determined by the plan commission or the common council, but prior to the giving of final approval hereunder.

(5)

The common council may rezone hereunder to take effect upon final approval of a plan filed pursuant to the provisions of this chapter and/or subject to the issuance of a building permit for the implementation of a plan approved by the common council in accordance with the provisions of this chapter.

(6)

At the time of adopting any ordinance establishing a PDD planned development district, the common council shall make appropriate arrangements with the applicant as may be permitted under law which will assure the accomplishment and completion at scheduled times of the development plan, in accordance with approvals given.

(7)

If no development has occurred to effectuate a planned development within a time limit, if any established by the common council, the plan commission shall review the action and determine whether or not the continuation of a given planned development is in the public interest. Upon its determination, it shall make a recommendation to the common council in accordance therewith. The common council shall then determine what action, if any, shall be taken, including whether or not the area shall be rezoned to its former classification.

(8)

Any changes or additions to the original approved development plan shall require resubmittal and approval by the plan commission, and if such changes or additions are substantial in the opinion of the plan commission, such plan as modified shall be considered as an original application, and the requirements for same shall govern prior to final approval of such modification.

(Zoning Ord. § 2-36(c)(5); Ord. No. 90-2526, 3-20-1990; Ord. No. O99-3164, 6-1-1999)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the C-1 commercial district.

(Zoning Ord. § 2-68)

A building or premises in the C-1 commercial district shall be used only for the following purposes:

(1)

Any use permitted in the R-4 apartment residential district.

(2)

Accessory building or use customarily incident to any of the uses allowed in this district, provided that any such accessory building shall be erected at the same time or after the construction of the principal building.

(3)

Advertising signs which conform to chapter 6 of this Code, advertising and signs.

(4)

Automobile parking lot or parking garage.

(5)

Bank.

(6)

Bicycle assembly, sales and repair.

(7)

Clinics, medical and dental only.

(8)

Display room for merchandise to be sold at wholesale, where merchandise sold is stored elsewhere.

(9)

Dressmaking, tailoring, shoe repairing, repair of household appliances, dry cleaning and pressing, catering and bakery with sale of bakery products on the premises and other uses of a similar character; provided that no use permitted in this subsection shall employ more than five persons in a single shift on the premises, not including employees whose principal duties are off the premises or temporary seasonal employees.

(10)

Filling station.

(11)

Florist shop.

(12)

Laundromat.

(13)

Offices and office building.

(14)

Personal service uses, including barbershops, beauty parlors, photographic or art studios, messenger, taxicab, newspaper service stations, dry cleaning receiving stations, restaurants, bars and other uses of a similar nature.

(15)

Retail store, except uses restricted to other districts. In connection with such store there shall be no slaughtering of animals or poultry, nor commercial fish cleaning and processing on the premises.

(16)

School, private.

(17)

Convenience stores (food/gas/video rentals).

(Zoning Ord. § 2-69; Ord. No. O89-2487, 7-5-1989)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the C-1 commercial district. In addition, every building or portion thereof used for dwelling purposes shall comply with the side yard and lot area per family requirements of the R-4 apartment residential district.

(Zoning Ord. § 2-70)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-71; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the C-2 highway commercial district.

(Zoning Ord. § 2-72)

A building or premises in the C-2 highway commercial district shall be used only for the following purposes:

(1)

Any use permitted in the C-1 commercial district.

(2)

Automobile sales or service.

(3)

Automobile sales or storage lot.

(4)

Boat display, sales room, or service.

(5)

Boat sales or storage lot.

(6)

Bowling alley, drive-in restaurant and drive-in theater.

(7)

Business or commercial school.

(8)

Dancing or music academy.

(9)

Farm implement display lot and sales room.

(10)

Frozen food locker.

(11)

Public garage.

(12)

Marina.

(13)

Milk pasteurizing, bottling and distributing station.

(14)

Mortuary or undertaking business or establishment.

(15)

Motels and hotels.

(16)

Motorcycle sales or repairs.

(17)

Radio or television broadcasting station or studio.

(18)

Truck and trailer display lot and sales and/or leasing room.

(19)

Truck repairs.

(20)

Veterinarian or animal hospital.

(21)

When not employing more than ten persons on the premises in a single shift, not including persons whose principal duties are off the premises: dyeing and cleaning establishment or laundry, painting, plumbing or tinsmithing shop, tire sales and service, including vulcanizing, upholstering shop, not involving furniture manufacturing and any other general service or repair establishment of similar character.

(22)

Camper sales and service.

(23)

Electronics assembly.

(24)

Miniature golf.

(25)

Plumbing and heating shops.

(26)

Interior unit self-service storage facility consisting of a building with all units contained within that building and all units having an access door from an interior hallway. There shall be a separate, secure, 24-hour access entrance to interior units. Operations shall include a retail storefront of related commercial activity. Design standards must reflect surrounding buildings and are subject to review and approval by the planning department.

(Zoning Ord. § 2-73; Ord. No. O88-2455, 11-1-1988; Ord. No. O89-2479, 5-2-1989; Ord. No. O03-3426, 6-3-2003; Ord. No. O17-3997, § 1, 3-7-2017)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the C-2 highway commercial district. In addition, every building or portion thereof used for dwelling purposes shall comply with the side yard and lot area per family requirements of the R-4 apartment residential district.

(Zoning Ord. § 2-74)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-75; Ord. No. O92-2686, 10-6-1992)

In order to provide for modern retail shopping, office and service facilities of integrated design in appropriate locations, the C-3 shopping center district is hereby established. Land within such district shall be laid out and developed as a unit according to an approved plan as provided in this article so as to accomplish such purpose.

(Zoning Ord. § 2-76; Ord. No. O90-2538, 6-5-1990)

The owner of any tract of land within an area zoned C-3 shopping center district may submit to the common council a plan for the use and development of all or part of such tract. The plan shall be referred to the city plan commission for study and report and for public hearing. Notice and publication of such public hearing shall conform to the procedure for hearings on amendments of this chapter. If no report is transmitted by the plan commission within 60 days of notification, the common council may take action without further awaiting such report. If the plan commission approves the plans, they shall then be submitted to the common council for their consideration and action. The plan commission's approval and recommendations shall be accompanied by a report stating the reasons for approval and that the application meets the requirements of the C-3 shopping center district as set forth in this article. Any use or development of the tract shall be in compliance with the plan.

(Zoning Ord. § 2-77; Ord. No. O90-2538, 6-5-1990)

Within the C-3 shopping center district, a building or premises may be used only for such uses permitted in a C-1 or C-2 district. The site shall be designed as a whole, unified and single project in compliance with the requirements of this article, and if built in stages, each stage shall conform with the approved plan.

(Zoning Ord. § 2-79; Ord. No. O90-2538, 6-5-1990)

The aggregate gross area of all buildings in the shopping center shall not exceed 50 percent of the entire lot area of the project. All buildings shall be set back at least 30 feet from all streets adjoining the shopping center site.

(Zoning Ord. § 2-80; Ord. No. O90-2538, 6-5-1990)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-81; Ord. No. O90-2538, 6-5-1990; Ord. No. O92-2686, 10-6-1992)

All roads, parking and loading areas, and walks in the shopping center shall be paved with hard surface material meeting applicable specifications of the department of public works.

(Zoning Ord. § 2-82; Ord. No. O90-2538, 6-5-1990)

Any part of the project area not used for buildings or other structures or for parking, loading or accessways shall be landscaped with grass, trees, shrubs or pedestrian walks.

(Zoning Ord. § 2-83; Ord. No. O90-2538, 6-5-1990)

No building shall exceed three stories or 45 feet in height without special approval by the plan commission.

(Zoning Ord. § 2-84; Ord. No. O90-2538, 6-5-1990)

Reasonable additional requirements as to landscaping, lighting, signs or other advertising devices, screening, accessways and building setbacks, height limitations, design, construction materials, traffic flow, access, and runoff retention may be imposed by the city plan commission for the protection of adjoining residential property.

(Zoning Ord. § 2-85; Ord. No. O90-2538, 6-5-1990)

If required by the plan commission, the applicant shall file a surety bond, conditioned that if the applicant shall commence construction, such construction shall be substantially completed within three years in accordance with the plans and specifications submitted to and approved by the plan commission or in accordance with such altered plans as the plan commission may approve or that, if such construction is not completed within such period, the applicant will remove the buildings and restore the ground to its original condition as nearly as can possibly be done. No such bond shall be accepted unless it be enforceable by or payable to the city in a sum at least equal to the estimated cost of constructing the shopping center and in a form with surety and conditions approved by the city attorney. In the event the development is not constructed within three years, the plan approved by the plan commission and common council shall be deemed null and void.

(Zoning Ord. § 2-86; Ord. No. O90-2538, 6-5-1990)

The regulations set forth in this division or set forth elsewhere in this chapter when referred to in this division, are the regulations in the C-4 central business commercial district.

(Zoning Ord. § 2-87)

A building or premises in the C-4 central business commercial district shall be used only for the following purposes:

(1)

Any use permitted in the C-2 highway commercial district.

(2)

The following uses are permitted, as well as any similar new or improved uses, as determined by the common council, which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries and light industries that manufacture, process, store within a structure, and distribute goods and materials and are in general dependent on raw materials refined elsewhere, and manufacture, compounding, processing, packaging or treatment as specified of the following products or similar products:

a.

Chemicals, petroleum, coal, and allied products.

1.

Cosmetics and toiletries (compounding only).

2.

Ice manufacture, including dry ice.

3.

Ink manufacture (mixing only).

4.

Insecticides, fungicides, disinfectants and related industrial and household chemical compounds (blending only).

5.

Perfumes and perfumed soap (compounding only).

6.

Pharmaceutical products.

7.

Soap, washing or cleaning, powder or soda (compounding only).

b.

Clay, stone and glass products.

1.

Clay, stone and glass products.

2.

Concrete products (except central mixing and proportioning plant).

3.

Pottery and porcelain products.

c.

Food and beverage.

1.

Bakery products, wholesale (manufacturing permitted).

2.

Beverage blending and bottling (all types).

3.

Candy, wholesale (manufacturing permitted).

4.

Chewing gum manufacture.

5.

Chocolate, cocoa and cocoa products, processing and packaging.

6.

Coffee, tea and spices processing and packaging.

7.

Condensed and evaporated milk processing and canning.

8.

Creamery and dairy operation.

9.

Dairy products.

10.

Flour, feed and grain (packaging, blending and storage only).

11.

Fruit and vegetable processing (including canning, preserving, drying and freezing).

12.

Glucose and dextrine.

13.

Grain blending and packaging, but not milling.

14.

Ice cream, wholesale (manufacturing permitted).

15.

Macaroni and noodle manufacturing.

16.

Meat, fish, and poultry products, packaging and processing (no slaughtering).

17.

Oleomargarine (compounding and packaging only).

18.

Yeast.

19.

Distilleries (alcoholic), breweries and alcoholic spirits.

d.

Metals and metal products.

1.

Agricultural or farm implements.

2.

Aircraft and aircraft parts.

3.

Appliances, new.

4.

Bolts, nuts, screws, washers, rivets.

5.

Containers (metal).

6.

Culverts.

7.

Firearms.

8.

Heating, ventilation, cooking and refrigeration supplies.

9.

Nails, brads, tacks, spikes and staples.

10.

Needles and pins.

11.

Plumbing supplies.

12.

Safes and vaults.

13.

Silverware and plated ware.

14.

Tools and hardware products.

15.

Vitreous enameled products.

e.

Textiles, bedding and fibers.

1.

Bedding (mattress, pillow and quilt).

2.

Carpet, rug and hat.

3.

Hat bodies of fur and wool felt (including men's hats) manufacturing.

4.

Hosiery mill.

5.

Knitted and woven goods.

6.

Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing).

7.

Textiles - knitting, weaving, printing, finishing.

8.

Yarn and thread.

f.

Wood and paper products.

1.

Baskets and hampers (wood, reed, rattan, etc.).

2.

Boxes, crates and barrels.

3.

Cooperage works (except cooperage stock mill).

4.

Furniture (wood, reed, rattan, etc.) and furniture repair.

5.

Pencils.

6.

Planing and mill work.

7.

Pulp goods, pressed or molded (including papier-mache products).

8.

Shipping container (corrugated board, fiber or wire bound).

9.

Veneer.

10.

Wood products.

g.

Unclassified uses.

1.

Animal pound.

2.

Boats and other facilities, sales or storage, used in connection with commercial water transportation or navigation.

3.

Bus garage and repair shop.

4.

Button manufacture.

5.

Carbon paper and inked ribbon manufacture.

6.

Cigar and cigarette manufacture.

7.

Cleaning and dyeing of garments, hats and rugs.

8.

Contractor's shop and storage yard, properly fenced.

9.

Exposition building or center.

10.

Greenhouses, wholesale.

11.

Laboratories, research, experimental, including combustion-type motor testing.

12.

Leather goods manufacture, but not including tanning operations.

13.

Laundries, commercial.

14.

Markets, wholesale.

15.

Motion picture production.

16.

Printing, publishing and engraving.

17.

Produce and storage warehouse.

18.

Signs (ground, wall, roof, projecting) in conformance with chapter 6 of the Code of Ordinances, advertising and signs.

19.

Tire retreading and vulcanizing shop.

20.

Truck or transfer terminal, freight.

21.

Wholesale houses and distributors.

22.

Other uses similar to the above when approved by the board of zoning appeals.

(Zoning Ord. § 2-88; Ord. No. O15-3967, § 1, 6-7-2016)

Every building or portion thereof in the C-4 central business commercial district used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-4 apartment residential district.

(Zoning Ord. § 2-89)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-90; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-1 manufacturing district-light.

(Zoning Ord. § 2-91)

A building or premises in the M-1 manufacturing district-light shall be used only for the following purposes:

(1)

The use regulations for theM-1 manufacturing district-light include those found in the C-4 central business commercial district, and the following uses, except that a dwelling, other than for a resident watchman or caretaker employed on the premises, shall not be permitted.

(2)

Building or premises may be used for bulk petroleum distribution plants but only if the storage tanks are buried completely below grade.

(3)

Metals and metal products.

a.

Aluminum extrusion, rolling, fabrication and forming.

b.

Automobile, truck, trailer, and motorcycle assembly.

c.

Boat manufacture (vessels less than five tons).

d.

Foundry products manufacture (electrical only).

e.

Iron (ornamental) fabrication.

f.

Machinery manufacture.

g.

Plating, electrolytic process.

h.

Sheet metal products.

i.

Tool, die, gauge and machine shops.

j.

Welding.

(4)

Unclassified uses.

a.

Building materials (cement, lime, sand, gravel, lumber and the like), storage and sales.

b.

Coal and coke storage and sales.

c.

Wood by-products storage and sales.

d.

Stand-alone warehousing, mini-warehousing, or self-service storage facilities, for the indoor storage of household items and other non-hazardous, non-perishable durable goods.

e.

Impound lots. Must be licensed under section 112-131.

f.

Mixed-use developments.

(Zoning Ord. § 2-92; Ord. No. O88-2454, 11-1-1988; Ord. No. O15-3967, § 1, 6-7-2016; Ord. No. O20-4184, § 1, 2-19-2020; Ord. No. O22-4272, § 1, 5-3-2022)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in theM-1 manufacturing district-light.

(Zoning Ord. § 2-93)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-94; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter, when referred to in this division, are the regulations in the M-2 manufacturing district-heavy.

(Zoning Ord. § 2-95)

A building or premises in the M-2 manufacturing district-heavy shall be used only for the following purposes:

(1)

Any use permitted in theM-1 manufacturing district-light. No dwelling, other than that for a resident watchman or caretaker employed on the premises, shall be permitted.

(2)

Any other use, other than those enumerated in subsection (11) of this section, not in conflict with any state statute or provision of this chapter regulating nuisances, including the manufacture, compounding, processing, packaging or treatment of the following or similar products together with any similar new or improved uses, as determined by the board of zoning appeals, which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from other uses permitted.

(3)

Chemicals, petroleum, coal and allied products.

a.

Adhesives.

b.

Alcohol, industrial.

c.

Bleaching.

d.

Blueing.

e.

Candles.

f.

Cleaning and polishing preparation (nonsoap) dressing and blackenings.

g.

Dye-stuff.

h.

Essential oils.

i.

Exterminating agents and poisons.

j.

Fertilizer (nonorganic).

k.

Fuel briquettes.

l.

Ink manufacture from primary raw materials (including colors and pigments).

m.

Soap and soap products.

(4)

Clay, stone and glass products.

a.

Abrasive wheels, stones, paper, cloth and related products.

b.

Asbestos products.

c.

Brick, fire brick, and clay products.

d.

Concrete products or central mixing and proportioning plant.

e.

Glass and glass products.

f.

Graphite and graphite products.

g.

Monument and architectural stone.

h.

Refractories (other than coal fired).

i.

Stone products.

j.

Wall board and plaster, building insulation and composition flooring.

(5)

Food and beverage.

a.

Casein.

b.

Chocolate and cocoa.

c.

Cider and vinegar.

d.

Reserved.

e.

Flour, feed and grain milling or storage.

f.

Gelatin.

g.

Glucose or dextrine.

h.

Grain elevators.

i.

Malt extracts.

j.

Molasses.

k.

Oils, shortenings and fats (including oleomargarine).

l.

Pickles, vegetable relish, and sauces.

m.

Rice cleaning and polishing.

n.

Sauerkraut.

o.

Sugar refining.

(6)

Metal and metal products.

a.

Boat manufacture.

b.

Boiler manufacture (other than welded).

c.

Brass and bronze foundries.

d.

Forge plant, pneumatic, drop and forging, hammering.

e.

Foundries.

f.

Galvanizing or plating (hot dip).

g.

Iron and steel (structural) fabrication and manufacture.

h.

Lead oxide.

i.

Locomotive and railroad car building and repair.

j.

Motor testing (internal combustion motors).

k.

Ore dumps.

l.

Shipyard.

m.

Stoves and ranges.

n.

Wire rope and cable.

(7)

Textiles, fibers and bedding.

a.

Bedding (mattress, pillow and quilt).

b.

Bleachery.

c.

Carpets, rugs and mats.

d.

Cordage and rope.

e.

Cotton ginning.

f.

Cotton wadding and linter.

g.

Hair and felt products washing, curing and dyeing.

h.

Jute, hemp and sisal products.

i.

Linoleum and other hard-surfaced floor covering.

j.

Nylon.

k.

Oilcloth, oil-treated products, and artificial leather.

l.

Rayon.

m.

Shoddy.

n.

Wool pulling or scouring.

(8)

Wood and paper products.

a.

Carriage and wagons.

b.

Charcoal and pulverizing.

c.

Excelsior manufacturing.

d.

Furniture manufacturing.

e.

Paper and paperboard products manufacturing.

f.

Planing and mill work.

g.

Sawmill (including cooperage stock mill).

h.

Wallboard manufacturing.

i.

Wood preserving treatment.

(9)

Miscellaneous industries.

a.

Battery, storage (wet cell).

b.

Chewing tobacco manufacture.

c.

Rubber (natural and synthetic), gutta-percha, chicle, and balata processing.

d.

Rubber tire and tube.

e.

Shell grinding.

(10)

Miscellaneous uses.

a.

Automobile wrecking, cars and parts, storage and sales.

b.

Boats and shipyards, docks, repair, service, sales or storage of boats. Dock wharves, transit sheds and other facilities used in connection with water transportation or navigation purposes.

c.

Junk and salvage (metal, paper, rags, waste or glass), storage, treatment, baling.

d.

Oils, vegetable and animal (nonedible) and storage.

e.

Paint, lacquer, shellac and varnish (including colors and pigments, thinners and removers).

f.

Railroad yard, roundhouse, repair and overhaul shops.

g.

Roofing materials, building paper and felt (including asphalt and composition).

h.

Tar products (except distillation).

(11)

Uses approved by common council. Any of the following uses, when the location of such use has been approved by the common council after public hearing and investigation and report by the city plan commission:

a.

Acid manufacture; acid bulk storage.

b.

Cement, lime, gypsum, or plaster of Paris manufacture.

c.

Distillation, manufacture or refining of bones, coal or tar asphalt.

d.

Explosives, manufacture or storage.

e.

Fat, grease, lard or tallow rendering or refining.

f.

Fertilizer manufacture (from organic matter).

g.

Glue or size manufacture.

h.

Paper manufacture.

i.

Petroleum or asphalt refining or storage.

j.

Raw hides or fur, storage or processing, and leather tanning.

k.

Smelting of tin, copper, zinc, or iron ores.

l.

Tanning materials (salt) and allied products.

(Zoning Ord. § 2-96; Ord. No. O15-3967, § 1, 6-7-2016)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the M-2 manufacturing district-heavy.

(Zoning Ord. § 2-97)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-98; Ord. No. O92-2686, 10-6-1992)

The regulations set forth in this division or set forth elsewhere in this chapter when referred to in this division, are the regulations in the W-1 waterfront district.

(Zoning Ord. § 2-99)

A building or premises in the W-1 waterfront district shall be used only for the following purposes:

(1)

Boats, ships and shipyards, docks, repair, service, sales or storage of boats. Docks, wharves, transit sheds and other facilities used in connection with water transportation or navigation purposes.

(2)

Sewage pumping and disposal plants.

(3)

Power generation plants.

(4)

Waterworks or water-pumping stations.

(5)

Yacht harbors or clubs, marinas or water-related facilities of an industrial or commercial nature.

(6)

Parks, public access, walking trails.

(7)

Any use permitted as a matter of right or by special permit in the M-2 manufacturing district-heavy, provided that the plan commission, after seeking input from the board of harbor commissioners, certifies to the community development director/designee that the proposed use is advantageously served in this location through the direct access to water transportation for receipt or shipment of fuel, supplies, goods or commodities or requires ready access to large quantities of raw water for condensing, cooling, washing or other mill or manufacturing purposes or for other reasons requires direct access to the waterfront.

(8)

Museums, public and nonprofit heritage center, on publicly-owned property as part of a planned development, provided that the standards set forth for a waterfront, commercial-planned development are met.

(Zoning Ord. § 2-100; Ord. No. O99-3163, 5-4-1999)

The height and area regulations set forth in article VI, division 2 of this chapter shall be observed in the W-1 waterfront district.

(Zoning Ord. § 2-101)

Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in article VI, division 3 of this chapter, parking and loading requirements.

(Zoning Ord. § 2-102; Ord. No. O92-2686, 10-6-1992)