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West Bend City Zoning Code

DISTRICT REGULATIONS

165.21 DISTRICTS ESTABLISHED.

The City is herewith divided into the following districts:
AG   Agricultural District
RS   Residential Single-Family District
RM   Residential Multi-Family District
MH   Mobile Home District
AC   Arterial Commercial District
BC   Central Business Commercial District
LI   Light Industrial District
HI   Heavy Industrial District
These districts are established as identified on the Official Zoning Map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this chapter.

165.22 AG - AGRICULTURAL DISTRICT.

1.   Intent. This district is intended to provide for areas in which agriculture and related uses are encouraged as the principal use of land. However, uses which may be offensive to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, or physical appearance or other similar factors are not permitted. The district prohibits urban density residential use until these areas may be served by utilities and services of the City. This district is also intended to preserve land suited for eventual development into other uses, pending proper timing for economical and practical provisions of streets, utilities, schools, and other facilities so that reasonably compact development will occur and the fiscal integrity of the City is preserved. All newly annexed areas to the City will automatically be placed into this district classification unless otherwise suitably classified.
2.   Permitted Uses. The following uses are permitted in the AG District:
   A.   Agriculture, including the usual agricultural buildings and structures and excluding offensive uses and commercial livestock feed confinements that do not meet the definition of “Agricultural.”
   B.   Home occupations.
3.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the AG District.
   A.   Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
   B.   Private garages, barns, and other farm buildings.
   C.   Roadside stands offering for sale only agricultural products or other products produced on the premises.
   D.   Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
   E.   Satellite dishes.
4.   Special Exceptions. Certain uses may be permitted in the AG District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
   A.   Cemeteries, crematories, or mausoleums.
   B.   Commercial kennels.
   C.   Stables, private or public.
   D.   Greenhouses and nurseries.
   E.   Publicly operated sanitary landfills.
   F.   Private recreational camps, golf courses, and recreational facilities.
   G.   Public or private utility substations, relay stations, etc.
   H.   Churches or accessory facilities (on or off site).
   I.   Publicly owned and operated buildings and facilities.
   J.   Agricultural services.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the AG District:
 
Min. Lot Area
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max Height: The Lesser Of
1 acre
150
50
25
50
2 1/2 stories or 35 feet
 
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the AG District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Feed Lots or Corrals. Feed lots or corrals in which animals are kept at a density of over 10 head per acre or where feed bunkers or water are placed so that animals naturally tend to bunch up shall not be closer than 300 feet away from any lot line adjoining properties which are used for residential, commercial, or light industrial purposes. Such feed lots or corrals shall maintain drainage so as to avoid excessive concentration of contaminated water and such drainage shall be so arranged that contaminated water does not drain into water courses in such a manner that it reaches neighboring property at a concentration noticeable to normal senses.
7.   Off-street Parking. The following off-street parking requirements shall apply in the AG District:
   A.   Dwellings. Two parking spaces on the lot for each living unit in the building.
   B.   Churches. One parking space on the lot for each five seats in the main auditorium.
   C.   Public buildings and facilities. One parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.
   D.   Roadside stands. One parking space for each 50 square feet of enclosed floor area.
   E.   Greenhouses and nurseries. One parking space per 1,000 square feet of enclosed floor area.
8.   Off-street Loading. The following off-street loading requirements shall apply in the AG District:
   A.   All activities or uses allowed in the AG District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the AG District:
   A.   Off-premises signs, except political signs, are not permitted.
   B.   On-premises signs are permitted.
   C.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   D.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   E.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   F.   Signs shall not encroach or extend over public right-of-way.
   G.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   H.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, Municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   I.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   J.   Signs may be erected on municipal utility structures by written approval of the City.

165.23 RS - RESIDENTIAL SINGLE-FAMILY DISTRICT.

1.   Intent. This district is intended to provide for a variety of single-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety, and welfare. Low and medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation, and other public facilities shall be taken into consideration when the lot area requirement is established for the various single-family residential areas of the City.
2.   Permitted Uses. The following uses are permitted in the RS District:
   A.   Single-family detached dwellings.
   B.   Two-family dwellings.
   C.   Family homes.
   D.   Elder homes.
   E.   Home occupations.
3.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RS District:
   A.   Private garages.
   B.   Raising and keeping of animals and fowl, but not on a commercial basis or on a scale objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle, or horses is prohibited except on premises containing two acres or more and except within an enclosure at least 150 feet from any residence now existing or hereafter erected.
   C.   Private recreational facilities.
   D.   Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
4.   Special Exceptions. Certain uses may be permitted in the RS District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
   A.   Nursery schools.
   B.   Public or private utility substations, relay stations, etc.
   C.   Churches and church-owned buildings and facilities.
   D.   Publicly owned and operated buildings and facilities.
   E.   Private schools with a curriculum similar to public schools.
   F.   Golf courses but not miniature courses or separate driving tees.
   G.   Bed and breakfast houses.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RS District:
 
Min. Zoning Symbol
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max. Height: The Lesser Of
6 RS
6,000
60
25
7
20
2 1/2 stories or 35 feet
40 RS
40,000
200
50
20
50
2 1/2 stories or 35 feet
Note: Corner lots shall have two front and two side yards.
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the RS District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Recreational Vehicles. Recreational vehicles and all boats and appurtenant trailers shall not be parked or stored within the front yard of a lot in this district. No more than one such recreational vehicle may be parked or stored within the side yard or rear yard of a residential lot. Recreational vehicles shall not be used for human occupancy in this district for more than 72 hours within any 30 day period. Recreational vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings.
   B.   Special Sales Uses. Special sales uses, including garage sales, porch sales, basement sales, moving sales, estate sales, or similar activities shall be operated not more than three days in the same month or more than six days in the same year.
   C.   Residential Parking. All yard area, except the front yard in this district, may be used for off-street parking, except that portion of the driveway lying within the front yard may be used to satisfy the off-street parking requirements of this paragraph.
7.   Off-street Parking. The following off-street parking requirements shall apply in the RS District:
   A.   Dwellings. Two parking spaces on the lot for each living unit in the building.
   B.   Two-family dwellings. One parking space on the lot for each dwelling unit.
   C.   Churches. One parking space on the lot for each five seats in the main auditorium.
   D.   Public buildings and facilities. One parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.
   E.   Elementary, junior high, and equivalent private or parochial schools. One parking space for each classroom and office plus one parking space for each 300 square feet of gross floor area in the auditorium or gymnasium.
   F.   Senior high schools and equivalent private or parochial schools. One parking space for each employee and one parking space for each 10 students.
   G.   Colleges, universities, institutions of higher learning, and equivalent private or parochial schools. One parking space for each employee and one parking space for each five students.
   H.   Public buildings and facilities. One parking space for each 300 square feet of gross floor area.
   I.   Nursery schools. One parking space per employee.
8.   Off-street Loading. The following off-street loading requirements shall apply in the RS District:
   A.   All activities or uses allowed in the RS District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the RS District:
   A.   Off-premises signs are not permitted except for political signs.
   B.   On-premises signs are permitted.
   C.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   D.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   E.   No sign may imitate or resemble an official traffic control sign, signal or device.
   F.   Signs shall not encroach or extend over public right-of- way.
   G.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   H.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   I.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   J.   Signs may be erected on municipal utility structures by written approval of the City.

165.24 RM - RESIDENTIAL MULTI-FAMILY DISTRICT.

1.   Intent. This district is intended to provide for a variety of multi-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety, and welfare. Medium and high population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation, and other public facilities shall be taken into consideration when the lot area requirement is established for the various multi-family residential areas of the City.
2.   Permitted Uses. The following uses are permitted in the RM District:
   A.   Single-family detached dwellings.
   B.   Multi-family dwellings.
   C.   Home occupations.
   D.   Family homes.
   E.   Elder homes.
3.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RM District:
   A.   Private garages.
   B.   Parking lots.
   C.   Raising and keeping of animals and fowl, but not on a commercial basis or on a scale objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle, or horses is prohibited except on premises containing two acres or more and except within an enclosure at least 150 feet from any residence existing or hereafter erected.
   D.   Private recreational facilities.
   E.   Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
4.   Special Exceptions. Certain uses may be permitted in the RM District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
   A.   Nursery schools.
   B.   Public or private utility substations, relay stations, etc.
   C.   Churches and church-owned facilities and publicly owned and operated buildings and facilities.
   D.   Private schools with curriculum similar to public schools.
   E.   Lodging houses, dormitories, fraternities, and sororities.
   F.   Bed and breakfast houses.
   G.   Health care facilities.
   H.   Hospitals.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RM District:
 
Min. Lot Area Per Dwelling (sq. ft.)
Units Gross Acre
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max. Height (feet)
3,000
(14)
6,000
60
25
5
25
50
Note: Corner lots shall have two front and two side yards.
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the RM District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Recreational Vehicles. Recreational vehicles and all boats and appurtenant trailers shall not be parked or stored within the front yard of a lot in this district. No more than one such recreational vehicle may be parked or stored within the side yard or rear yard of a residential lot. Recreational vehicles shall not be used for human occupancy in this district for more than 72 hours within any 30 day period. Recreational vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings.
   B.   Special Sales Uses. Special sales uses, including garage sales, porch sales, basement sales, moving sales, estate sales, or similar activities shall be operated not more than three days in the same month or more than six days in the same year.
7.   Off-street Parking. The following off-street parking requirements shall apply in the RM District:
   A.   Single-family dwellings. Two parking spaces on the lot.
   B.   Multi-family dwellings. One parking space on the lot for each dwelling unit.
   C.   Churches. One parking space on the lot for each five seats in the main auditorium.
   D.   Elementary, junior high, and equivalent private or parochial schools. One parking space for each classroom and office plus one parking space per each 300 square feet of gross floor area in auditorium or gymnasium.
   E.   Senior high schools and equivalent private or parochial schools. One parking space for each employee and one parking space for each 10 students.
   F.   Colleges, universities, institutions of higher learning, and equivalent private or parochial schools. One parking space for each employee and one parking space for each five students.
   G.   Public buildings and facilities. One parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.
   H.   Nursery schools. One parking space per employee.
8.   Off-street Loading. The following off-street loading requirements shall apply in the RM District:
   A.   All activities or uses allowed in the RM District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the RM District:
   A.   Off-premises signs are not permitted except for political signs.
   B.   On-premises signs are permitted.
   C.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   D.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   E.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   F.   Signs shall not encroach or extend over public right-of- way.
   G.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   H.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   I.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   J.   Signs may be erected on municipal utility structures by written approval of the City.

165.25 MH - MOBILE HOME DISTRICT.

1.   Intent. This district is intended to provide for certain medium density residential areas in the City now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the City where similar development seems likely to occur. This district has useful application as a transition zone between shopping areas and residential areas and is normally located along thoroughfares where direct access to the site is available.
2.   Permitted Uses. The following uses are permitted in the MH District:
   A.   Mobile homes located in an approved mobile home park.
   B.   Home occupations.
3.   Accessory Uses.
   A.   Private recreational facilities.
   B.   Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon completion or abandonment of the construction work.
4.   Special Exceptions.
   A.   Public or private utility substation, relay stations, etc.
   B.   Nursery schools.
   C.   Churches or accessory facilities (on or off site).
   D.   Home occupations in accessory buildings.
   E.   The placement of satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet except for commercial use.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the MH District:
   A.   No mobile home shall be located within 15 feet of any other, within five feet of any driveway or parking space, or within 40 feet of the right-of-way line of a public street.
   B.   Each mobile home site shall be provided with a stand consisting of a solid, six-inch thick, poured Portland cement concrete apron not less than eight feet wide and 45 feet long and a paved outdoor patio of at least 180 square feet located at the main entrance to the mobile home.
   C.   A greenbelt, at least 30 feet in width, shall be located along all boundaries of each mobile home park, except where it is crossed by driveways.
   D.   Each mobile home shall be located on a lot having an area of at least 5,000 square feet.
   E.   Each mobile home park shall be graded and drained so that rain water will not stand in pools or puddles.
   F.   Each street and parking area in any mobile home park shall be bounded by a sidewalk at least four feet wide.
   G.   All minimum street widths in mobile home parks shall be approved as private streets and further comply with the following:
 
(1)   No parking on street
1 way   14 feet
2 way   24 feet
(2)   Parallel parking on side
1 way   20 feet
2 way   30 feet
(3)   Parallel parking both sides
1 way   26 feet
2 way   36 feet
 
6.   Signs. The following sign regulations shall apply to the MH District:
   A.   Off-premises signs are not permitted except for political signs.
   B.   On-premises signs are permitted.
   C.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   D.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   E.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   F.   Signs shall not encroach or extend over public right-of- way.
   G.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   H.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   I.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   J.   Signs may be erected on municipal utility structures by written approval of the City.

165.26 AC - ARTERIAL COMMERCIAL DISTRICT.

1.   Intent. This district is intended to provide for certain areas of the City for the development of service, retail, and other non-residential uses which because of certain locational requirements and operational characteristics are appropriately located in close proximity to arterial and other main thoroughfares. The district is further characterized by a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and egress, and access to other adjacent thoroughfares.
2.   Permitted Uses.
   A.   Sales and display rooms and lots, including yards for the storage or display of new or used building materials but not for any scrap or salvage operation storage or sales.
   B.   Offices and clinics.
   C.   Churches and church or publicly owned and operated buildings, facilities, parks, and campgrounds.
   D.   Hotels and motels.
   E.   Any other retail or service sales business, including food preparation for sale off- premises.
   F.   Publicly owned and operated buildings and facilities.
3.   Accessory Uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the AC District:
   A.   Private recreational facilities.
   B.   Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.
   C.   Private garages.
   D.   Parking lots.
   E.   Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
4.   Special Exceptions. Certain uses may be permitted in the AC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
   A.   Public or private utility substations, relay stations, etc.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the AC District:
 
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max. Height: The Lesser Of
6,000
60
50
20
40
3 stories or 45 feet
Note: Corner lots shall have two front and two side yards.
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the AC District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Tavern or Cocktail Lounge. In no case shall a tavern, cocktail lounge, or club operated as a tavern or cocktail lounge be conducted within 165 feet of any church building or school building.
7.   Off-street Parking. The following off-street parking requirements shall apply in the AC District:
   A.   Sales and service buildings. One parking space per 300 square feet of gross floor area.
   B.   Offices/clinics. One parking space per 300 square feet of gross floor area.
   C.   Churches:. One parking space on the lot for each five seats in the main auditorium.
   D.   Public buildings and facilities. One parking space per 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.
   E.   Hotels and motels. One parking space per room plus one parking space for each employee.
8.   Off-street Loading. The following off-street loading requirements shall apply in the AC District:
   A.   All activities or uses allowed in the AC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the AC District:
   A.   Off-premises and on-premises signs are permitted.
   B.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   C.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   D.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   E.   Signs shall not encroach or extend over public right-of-way.
   F.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   G.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   H.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   I.   Signs may be erected on municipal utility structures by written approval of the City.

165.27 BC - CENTRAL BUSINESS COMMERCIAL DISTRICT.

1.   Intent. This district is intended to accommodate the major business and office concentration in the City. It is characterized further by a variety of stores and related activities which occupy the central commercial area of the City. This district is intended to be the single central business district of the City and no other use of this district shall be utilized other than contiguously with the currently established BC District. Bulk regulations further reflect a more in time use and development pattern.
2.   Permitted Uses. The following uses are permitted in the BC District:
   A.   Business sales and services conducted entirely within the building, including those with incidental manufacturing or processing of goods or products.
   B.   Offices/clinics.
   C.   Hotels and motels.
   D.   Publicly owned and operated buildings and facilities.
   E.   Dwellings.
3.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the BC District:
   A.   Outdoor sales and service.
   B.   Private garages.
   C.   Parking lots.
   D.   Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.
   E.   Accessory uses customarily incidental to any permitted principal use.
4.   Special Exceptions. Certain uses may be permitted in the BC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
   A.   Service stations.
   B.   Warehousing.
   C.   Churches or accessory facilities (on or off site).
   D.   Outdoor storage.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the BC District:
 
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max Height: The Lesser Of
None
None
None
None
None
3 stories or 45 feet
 
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the BC District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Tavern or Cocktail Lounge. In no case shall a tavern, cocktail lounge, or club operated as a tavern or cocktail lounge be conducted within 165 feet of any church building or school building.
7.   Off-street Parking. None required.
8.   Off-street Loading. The following off-street loading requirements shall apply in the BC District:
   A.   All activities or uses allowed in the BC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the BC District:
   A.   On-premises and off-premises signs are permitted.
   B.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   C.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   D.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   E.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   F.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   G.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   H.   Signs may encroach, extend or overhang a public right-of-way but in no instance shall said sign be closer than two feet to the street line.
   I.   Signs may be erected on municipal utility structures by written approval of the City.
10.   Awnings. It shall be unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight feet above the surface of the sidewalk, and the roof or covering is made of duck, canvas, or other suitable material supported by iron frames or brackets securely fastened to the building without any posts or other device that will obstruct the sidewalk or hinder or interfere with the full passage of pedestrians.

165.28 LI - LIGHT INDUSTRIAL DISTRICT.

1.   Intent. This district is intended to provide for areas of development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the development of any manufacturing or industrial operations which on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, physical appearance, or other similar factors. Outdoor storage is allowed in this district when the material is enclosed within a fence at least six feet high and said fence being within required building lines. All industrial operations must be in an enclosed building. No residential uses are permitted in this district.
2.   Permitted Uses. The following uses are permitted in the LI District:
   A.   Any nonresidential building or use which would not be hazardous, obnoxious, offensive or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, or other air pollutants.
   B.   Storage, manufacture, compounding, processing, packing and/or treatment of products, exclusive of the rendering or refining of fats and/or oils.
   C.   Manufacture, compounding, assembly and/or treatment of articles or merchandise derived from previously prepared materials.
   D.   Assembly of appliances and equipment, including manufacture of small parts.
   E.   Wholesale distribution of all standard types of prepared or packaged merchandise.
   F.   Sale and storage of building materials. Outdoor or open storage shall be allowed only when the material is enclosed within a solid fence at least six feet high and said fence being within required building lines.
   G.   Contractors’ offices and storage of equipment.
   H.   Public or private utility substations, relay stations, etc.
3.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the LI District.
   A.   Accessory buildings and uses customarily incidental to a permitted use.
   B.   Living quarters for watchmen or custodians of industrial properties.
4.   Special Exceptions. Certain uses may be permitted in the LI District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the LI District:
 
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max Height: The Lesser Of
5,000
45
35
None
None
3 stories or 45 feet
 
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the LI District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile home, or similar equipment when in operable condition.
   B.   Fire Hazard. No operation shall involve the use of highly flammable gases, acids, alkalines, lacquers, grinding processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels, and welding gases when handled in accordance with State and federal safety standards.
   C.   Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course, or the ground, of liquid wastes of any radioactive nature or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.
7.   Off-street Parking. The following off-street parking requirements shall apply in the LI District:
   A.   All commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.
   B.   All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.
8.   Off-street Loading. The following off-street loading requirements shall apply in the LI District:
   A.   All activities or uses allowed in the LI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the LI District:
   A.   Off-premises and on-premises signs are permitted.
   B.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   C.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   D.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   E.   Signs shall not encroach or extend over public right-of-way.
   F.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   G.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   H.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   I.   Signs may be erected on municipal utility structures by written approval of the City.

165.29 HI - HEAVY INDUSTRIAL DISTRICT.

1.   Intent. This district is intended to provide areas for activities and uses of a heavy industrial character and is the least restrictive of any district. In the best interest of the City, certain uses in the HI District shall be subject to final City Council approval, conditional approval, or denial to insure that proper safeguards are taken. No residential uses are permitted.
2.   Permitted Uses. There may be any use, excluding residential uses and mobile homes. The following uses must be given separate City Council approval before a zoning permit is issued:
   A.   Acid manufacture.
   B.   Cement, lime, gypsum, or plaster of paris manufacture.
   C.   Distillation of bones.
   D.   Explosive manufacture or storage.
   E.   Fat rendering.
   F.   Fertilizer manufacture.
   G.   Gas manufacture.
   H.   Garbage, offal, or dead animals, reduction, or dumping.
   I.   Glue manufacture.
   J.   Petroleum, or its products, refining of.
   K.   Smelting of tin, copper, zinc, or iron ores.
   L.   Stockyards or slaughter of animals.
   M.   Junk yards. Must be surrounded by a solid fence at least six feet high located within building lines and the junk piled not higher than the fence.
   N.   Commercial livestock confinements not meeting the definition of “Agricultural.”
Before granting such separate approval, the City Council shall refer applications to the Commission for study, investigation, and report. If no report is received in 30 days, the City Council may assume approval of the application.
The City Council shall then, after holding a public hearing, consider all of the following provisions in its determination upon the particular use at the location requested:
      (1)   That the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
      (2)   That such use shall not impair an adequate supply of light and air to surrounding property;
      (3)   That such use shall not unduly increase congestion in the streets, or public danger of fire and safety;
      (4)   That such use shall not diminish or impair established property values in adjoining or surrounding property; and
      (5)   That such use shall be in accord with the intent, purpose, and spirit of this chapter and the Comprehensive Plan of the City.
3.   Required Conditions.
   A.   The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed and subject to all State and federal regulations.
   B.   All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any “R” District boundary, except where adjoining a railroad right-of-way, and 50 feet from any commercial boundary.
4.   Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the HI District.
   A.   Accessory buildings and uses customarily incidental to a permitted use.
   B.   Living quarters for watchmen or custodians of industrial properties.
5.   Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the HI District:
 
Min. Lot Area (sq. ft.)
Min. Lot Width (feet)
Min. Front Yard (feet)
Min. Side Yard (feet)
Min. Rear Yard (feet)
Max Height: The Lesser Of
5,000
45
35
None
None
3 stories or 45 feet
 
6.   Performance Standards. The following performance standards shall apply to the uses indicated in the HI District. They shall be supplemental to and in addition to other provisions applying to the property.
   A.   Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile home, or similar equipment when in operable condition.
   B.   Fire Hazard. No operation shall involve the use of highly flammable gases, acids, alkalines, lacquers, grinding processes or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with State and federal safety standards.
   C.   Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge into a sewer, water course, or the ground, of liquid wastes of any radioactive nature or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.
7.   Off-street Parking. The following off-street parking requirements shall apply in the HI District:
   A.   All commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.
   B.   All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.
8.   Off-street Loading. The following off-street loading requirements shall apply in the HI District:
   A.   All activities or uses allowed in the HI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
9.   Signs. The following sign regulations shall apply to the HI District:
   A.   Off-premises signs are permitted.
   B.   Off-premises signs shall comply with the setbacks of the districts they are located in. Other bulk regulations do not apply. Off-premises signs are governed by State and federal regulations along highways, where zoning exists.
   C.   No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.
   D.   No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.
   E.   No sign may imitate or resemble an official traffic control sign, signal, or device.
   F.   Signs shall not encroach or extend over public right-of-way.
   G.   No sign may obscure or physically interfere with an official traffic control sign, signal, or device.
   H.   No advertisement or advertising structure shall be posted, erected, or maintained which simulates any official, directional, or warning sign erected or maintained by the State, County, Municipal, or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.
   I.   No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.
   J.   Signs may be erected on municipal utility structures by written approval of the City.