City of Milwaukee - File #: 031422

File #:

031422 Version:

Type:

Ordinance

Status:

Passed

File created:

2/10/2004

In control:

ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE

On agenda:

Final action:

4/13/2004

Effective date:

4/30/2004

Title:

A substitute ordinance revising various provisions of the zoning code.

Sponsors:

THE CHAIR

Indexes:

ZONING

Attachments:

1. CPC Letter.PDF, 2. Zoning Code Tech. Committee reply.pdf, 3. Publication on 4-29-04.PDF

Date	Ver.	Action By	Action	Result	Tally	Action Details	Meeting Details	Video
3/4/2014	1	COMMON COUNCIL	HEARING NOTICES SENT			Action details	Meeting details	Not available
2/11/2014	1	COMMON COUNCIL	PUBLISHED			Action details	Meeting details	Not available
2/11/2014	1	COMMON COUNCIL	SIGNED			Action details	Meeting details	Not available
11/5/2013	0	COMMON COUNCIL	ASSIGNED TO			Action details	Meeting details	Not available
11/5/2013		COMMON COUNCIL	REFERRED TO			Action details	Meeting details	Not available
11/5/2013		COMMON COUNCIL	REFERRED TO			Action details	Meeting details	Not available
10/30/2013	0	FINANCE & PERSONNEL COMMITTEE	PUBLISHED Minutes note: This file is being published 2/20/04 and 2/27/04 for a CPC Mtg. on 3/8/04 at 3:35 p.m.			Action details	Meeting details	Not available
4/13/2004	1	COMMON COUNCIL	PASSED	Pass	14:0	Action details	Meeting details	Not available
3/30/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0	Action details	Meeting details	Not available
3/25/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT			Action details	Meeting details	Not available
3/25/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT			Action details	Meeting details	Not available
3/3/2004	1	CITY CLERK	DRAFT SUBMITTED			Action details	Meeting details	Not available

Number

031422

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance revising various provisions of the zoning code.

Sections

200-42-1-a am

244-2-1-c-3 cr

295-107-2 (table) am

295-201-11 am

295-201-13 am

295-201-113-a am

295-201-163 am

295-201-345 am

295-201-591 am

295-203-1-n am

295-203-1-u-1 am

295-203-5-g am

295-203-9-L am

295-311-2-d-4 am

295-405-1-c (table) am

295-405-1-c-4 am

295-503-1 (table) am

295-503-2-j-1 am

295-503-2-j-3 am

295-503-2-L rn

295-503-2-L cr

295-503-2-m rn

295-503-2-n rn

295-503-2-o rn

295-503-2-p rn

295-503-2-q rn

295-503-2-r rn

295-503-2-s rn

295-503-2-t rn

295-503-2-u rn

295-503-2-v rn

295-503-2-p-1 am

295-505-2 (table) am

295-505-2-i am

295-505-3 (table) am

295-505-4-c-4-c cr

295-505-5-b rc

295-603-1 (table) am

295-603-2-a rn

295-603-2-a cr

295-603-2-b rn

295-603-2-c rn

295-603-2-d rn

295-603-2-e rn

295-603-2-f rn

295-603-2-f am

295-603-2-g rn

295-603-2-h rn

295-603-2-i rn

295-603-2-j rn

295-603-2-j-2 am

295-603-2-k rn

295-603-2-L rn

295-603-2-m rn

295-603-2-n rn

295-603-2-o rn

295-603-2-o rc

295-603-2-p rn

295-603-2-q rn

295-603-2-r rn

295-603-2-s rn

295-603-2-t rn

295-603-2-u rn

295-603-2-v rn

295-603-2-w rn

295-603-2-x rn

295-603-2-y rn

295-703-2-b-4 cr

295-705-1 (table) am

295-705-7 (table) am

295-803-1 (table) am

295-803-2-j rn

295-803-2-j cr

295-803-2-k rn

295-803-2-k am

295-803-2-L rn

295-803-2-L-4 cr

295-803-2-m rn

295-803-2-m cr

295-803-2-n rn

295-803-2-n-0 am

295-803-2-o rn

295-803-2-o cr

295-803-2-p rn

295-803-2-q rn

295-803-2-r rn

295-803-2-s rn

295-803-2-t rn

295-803-2-u rn

295-803-2-v rn

295-803-2-w rn

295-803-2-x rn

295-803-2-y rn

295-803-2-z rn

295-803-2-aa rn

295-803-2-bb rn

295-803-2-cc rn

295-803-2-dd rn

295-803-2-ee rn

295-805-2 (table) am

295-805-4-b-3 rp

295-805-4-b-4 rn

295-805-4-d (table) am

295-903-2-b-3-d am

295-905-2-b-6-b am

295-905-2-b-7 rc

295-907-0 am

295-907-2-h am

295-1015-3-a (table) am

Analysis

This ordinance makes various corrections, clarifications and minor substantive changes to the zoning code, including:

1. The use classification of drive-through facilities in RO1/RO2 (Residential and Office) districts is changed from prohibited use to limited use, with the limited use standard being that such facility is to be attached to an existing bank or other financial institution.

2. A tavern shall be classified as a prohibited use in an RS6, RT4 or RM3 to RM7 district unless the structure to be occupied was constructed prior to October 1, 2002 and was originally designed and intended to be occupied by a non-residential use. Previously, a tavern that did not meet these conditions could have been allowed by special use permit.

3. In a residential district, no garage may exceed 24 feet or the height of the principal building, whichever is less. Previously, the maximum height was simply 24 feet, creating the potential for garages that were taller than the houses to which they were accessory.

4. Family day care homes shall be classified as a limited use, rather than a permitted use, in commercial zoning districts. The limited use standards require that the operator reside in the dwelling (except in the case of a 2-family dwelling), that there be no other family day care home in the building and that the family day care home not be in operation between 10 p.m. and 6 a.m.

5. Requirements for the provision of "usable open space" in downtown zoning districts are eliminated.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 200-42-1-a of the code is amended to read:

200-42. Certificate of Occupancy.

1. WHEN REQUIRED.

a. It shall be unlawful to occupy or use any building, structure or premises now existing or hereafter erected unless or until a certificate of occupancy or certificate of zoning has been issued by the commissioner of city development. A separate certificate of occupancy shall be obtained for each occupancy and use stated in ch. 295 or any other regulation of this code. >>A new certificate of occupancy or certificate of zoning shall be required each time there is a change in the operator or tenant of a non-residential premises.<<

Part 2. Section 244-2-1-c-3 of the code is created to read:

244-2. Permits.

1. PERMIT REQUIRED.

c-3. Entrance and exit signs which are in compliance with the requirements of s. 295-407-3-d.

Part 3. Table 295-107-2 of the code is amended to read:

TABLE 295-107-2 ZONING DISTRICTS
District	Map Indicator	Most Similar District(s) Under the Previous Code	Subchapter Reference
Residential Districts
Single-Family	RS1, RS2, RS3, RS4, RS5 and RS6	R/F-1/40, R/F-2/40, R/F-3/40, R/F-4/40 and R/F-5/40	5
Two-Family	RT1, RT2, RT3 and RT4	R/D-1/40, R/C-1/40 and R/E/40	5
Multi-Family	RM1	R/D/40	5
Multi-Family	RM2	R/C/40	5
Multi-Family	RM3	R/D/40, R/D/60 and R/D/85	5
Multi-Family	RM4	R/C/40, R/C/60, R/C/85 and R/C/125	5
Multi-Family	RM5	R/B/40	5
Multi-Family	RM6	R/B/60	5
Multi-Family	RM7	R/B/85, R/A/85 and R/A/125	5
Residential and Office	RO1, RO2	all O and RO districts	5
Commercial Districts
Neighborhood Shopping	NS1, NS2	all S districts	6
Local Business	LB1, LB2	all L districts	6
Commercial Service	CS	all CS districts	6
Regional Business	RB1, RB2	all RS districts	6
Central Business	C9A-C9H	C9A-C9H	7
Industrial Districts
Industrial-Office	IO	M/D/40, M/C/60, I/D/40 and I/E/40	8
Industrial- Light	IL	M/B/85, M/A/125, I/C/60, I/D/40, I/D/60 and I/E/60	8
Industrial-Mixed	IM	none	8
Industrial-Heavy	IH	I/A125 and I/B/85	8
Special Districts and Overlay Zones
Parks	PK	None	9
Institution-al	TL	all T districts	9
Planned Development	[[~~GPD~~]] >>PD<< and DPD	GPD and DPD	9
Neighborhood Conservation	NC	None	10
Interim Study	IS	none	10
Development Incentive	DIZ	DIZ	10
Site Plan Review	SP	SPROD	10
Flood Plain	FP1 and FP2	FP1 and FP2	10
Shoreland-Wetland	WL	Shoreland-Wetland	10
Lakefront	LF	LF/C/60	10
Master Sign Program	MSP	None	10

Part 4. Section 295-201-11 of the code is amended to read:

295-201. Definitions.

11. ADULT ENTERTAINMENT ESTABLISHMENT means an establishment providing nude dancing or other live or recorded performances that depict, describe or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts; or specified anatomical areas. >>This term does not include any establishment for which a license is required under ch. 90.<<

Part 5. Section 295-201-13 of the code is amended to read:

13. ADULT FAMILY HOME means a facility [[~~certified or~~]] licensed as an adult family home by the State of Wisconsin [[~~or Milwaukee under s. 50.032 or 50.033, Wis. Stats., where 4 or fewer~~]] >>where 3 or 4<< adults not related to the operator reside and are provided with care, treatment or services above the level of room and board. Such care and treatment may include up to 7 hours per week of nursing care per resident.

Part 6. Section 295-201-113-a of the code is amended to read:

113. COMMUNITY LIVING ARRANGEMENT means either of the following facilities licensed, operated or permitted by the state of Wisconsin:

a. Residential [[~~child~~]] care center. A facility where 4 or more children reside and are provided with care and maintenance for no more than 75 days each in any consecutive 12-month period by persons other than a relative or guardian. The term does not include educational institutions, public agencies, hospitals, maternity homes, nursing homes, sanitariums, foster homes, shelter care facilities, prisons, jails or institutions for children with mental health disabilities having a capacity of less than 150 children.

Part 7. Section 295-201-163 of the code is amended to read:

163. EMERGENCY RESIDENTIAL SHELTER means a facility, other than a community living arrangement, managed by a public or nonprofit agency that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, crime, abuse or neglect, including emergency housing during crisis intervention for victims of rape, child abuse or physical beatings which contains individual >>or group<< sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities.

Part 8. Section 295-201-345 of the code is amended to read:

345. LOT COVERAGE means the area of a site, expressed as a percentage, covered by a principal building, but excluding decks less than 3 feet in height above grade and projecting eaves, balconies >>,stairs<< and similar features.

Part 9. Section 295-201-591 of the code is amended to read:

591. SIGN, PORTABLE means a sign, sandwich board, mobile reader board, merchandise display or other advertising device which [[~~can be readily moved~~]] >>is not installed in accordance with the provisions of s. 244-7-4<<. A vehicle carrying advertising, parked at a curb for other than normal transportation purposes, shall be considered a portable sign.

Part 10. Section 295-203-1-n of the code is amended to read:

295-203. Use Definitions.

1. RESIDENTIAL USES.

n. "Adult family home" means a facility [[~~certified or~~]] licensed as an adult family home by the State of Wisconsin [[~~or Milwaukee under s. 50.032 or 50.033, Wis. Stats., where 4 or fewer~~]] >>where 3 or 4<< adults not related to the operator reside and are provided with care, treatment or services above the level of room and board. Such care and treatment may include up to 7 hours per week of nursing care per resident.

Part 11. Section 295-203-1-u-1 of the code is amended to read:

u. "Community living arrangement" means either of the following facilities licensed, operated or permitted by the state of Wisconsin:

u-1. Residential [[~~child~~]] care center. A facility where 4 or more children reside and are provided with care and maintenance for no more than 75 days each in any consecutive 12-month period by persons other than a relative or guardian. The term does not include educational institutions, public agencies, hospitals, maternity homes, nursing homes, sanitariums, foster homes, shelter care facilities, prisons, jails or institutions for children with mental health disabilities having a capacity of less than 150 children.

Part 12. Section 295-203-5-g of the code is amended to read:

5. HEALTH CARE AND SOCIAL ASSISTANCE.

g. "Emergency residential shelter" means a facility, other than a community living arrangement, managed by a public or nonprofit agency that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, crime, abuse or neglect, including emergency housing during crisis intervention for victims of rape, child abuse or physical beatings which contains individual >>or group<< sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities.

Part 13. Section 295-203-9-L of the code is amended to read:

9. ENTERTAINMENT AND RECREATION USES.

L. "Adult entertainment establishment" means an establishment providing nude dancing or other live or recorded performances that depict, describe or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks or female breasts; or specified anatomical areas. >>This term does not include any establishment for which a license is required under ch. 90.<<

Part 14. Section 295-311-2-d-4 of the code is amended to read:

295-311. Appeals.

2. SPECIAL USE PERMITS.

d. Findings.

d-4. Consistency With Comprehensive Plan. The special use will be designed, located and operated in a manner consistent with >>all applicable elements of<< the city's comprehensive plan.

Part 15. Table 295-405-1-c of the code is amended to read:

Table 295-405-1-c FENCE/WALL AND LANDSCAPING REQUIREMENTS FOR LANDSCAPING TYPES
		Type A Landscaping	Type B Landscaping	Type C Landscaping	Type D Landscaping	Type E Landscaping	Type F Landscaping	Type G Landscaping	Type H Landscaping
Required Fence/Wall	Fence or wall required?	Optional	Yes	yes	yes if located in LB2	yes	yes	optional	yes
	Fence/wall height requirements	fence optional; see below	3 ft. min.; 6 ft. max.	6 ft.	if provided, 3 ft. min.; 6 ft. max.	6 ft. min.; 9 ft. max.	6 ft. min.; 9 ft. max.	to top of object plus one foot (min.); 9 ft. max.	6 ft.; shall be reduced to [[5]] >>3.5<< ft. when adjacent to a residential front yard
	Fence/wall materials required	fence not required	masonry or decorative metal	combination masonry/ decorative metal	if LB2, masonry or decorative metal; other districts, fences are optional	any opaque fence type	any opaque fence type	any opaque fence type	any opaque fence type
	Fence/wall opacity	fence not required	no opacity standard	solid in lower 3 ft.	no opacity standard	100%	100%	100%	100%
	Fence/wall location in landscaped area	if provided, adjacent to parking	anywhere within landscaped area	anywhere within landscaped area	anywhere within landscaped area	behind landscaping	behind landscaping	between object being screened and area of visibility	adjacent to residential property line




Allowable fence/wall	Masonry wall	up to 4 ft. high	up to 4 ft. high	up to 4 ft. high	up to 4 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high
	Decorative metal fence	up to 6 ft. high	up to 6 ft. high	up to 6 ft. high; lowest 3 ft. shall be solid wall	up to 6 ft. high	not permitted	not permitted	allowed, but a second row of shrubs shall be required	up to 9 ft. high
	Wood fence, open	up to 4 ft. high	not permitted	not permitted	if not in LB2, up to 3.5 ft. high	not permitted	not permitted	not permitted	not permitted
	Wood fence, opaque	up to 4 ft. high	not permitted	not permitted	if not in LB2, up to 3.5 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high	up to 9 ft. high
	Chain link fence (coated wire only)	up to 6 ft. high	not permitted	not permitted	not permitted	optional if fence has slats; up to 6 ft. high	optional if fence has slats; up to 6 ft. high	optional if fence has slats; up to 6 ft. high	not permitted with or without slats



Trees and Shrubs Required & Allowed	Minimum landscaped area width	5 ft.	5 ft.	sufficient for wall, trees and optional shrubs	5 ft.	15 ft.	5 ft.; 15 ft. if a chain-link fence is present	sufficient to accommodate required plantings; 15 ft. if a chain-link fence is present	sufficient to accommodate fence/wall and optional trees/shrubs
	Deciduous street-type trees	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	minimum 1 every 25 ft.	allowed but not required unless a loading dock is present	1 every 25 feet or where required by s. 295-405-1-b-8
	Ornamental tree option	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	optional	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	minimum 1 every 20 ft. if landscaped area is at least 10 ft. wide	1 every 20 feet if landscaped area is at least 10 ft. wide
	Shrub spacing requirement	2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on center	2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on center	one row with plants a max. of 3 ft. on center; if a masonry wall is provided, shrubs are optional	if light motor vehicle parking: one row with plants a max. of 3 ft. on center; if heavy motor vehicle parking, 2 staggered rows with plants a max. of 4 ft. on center in each row	one row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each row	one row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each row	2 staggered rows, with plants a maximum of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. of 3 ft. on center	option or, where required by s. 295-405-1-b-8, one row with plants a max. of 8 ft. on center
	Shrub size, min. (at time of planting)	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	if light motor vehicle parking, 1.5 ft. in diameter; if heavy motor vehicle parking, 2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter	2 ft. in diameter
	Shrub height, min. (at time of planting)	2 ft.	2 ft.	2 ft.	if light motor vehicle parking, 2 ft.; if heavy motor vehicle parking, 3 ft.	6 ft.	6 ft.	6 ft.	2 ft.
	Shrub height, max. (at maturity)	3.5 ft.	3.5 ft.	3.5 ft.	if light motor vehicle parking, 3.5. ft.; if heavy motor vehicle parking, 4.5 ft.	no limit	no limit	no limit	no limit

Part 16. Section 295-405-1-c-4 of the code is amended to read:

295-405. Landscaping.

1. PERIMETER LANDSCAPING AND EDGE TREATMENTS.

c. Requirements by Landscaping Type.

c-4. Residential Buffers. A parking lot or structure which is within 25 feet of a wholly residential use shall be screened with an opaque wall or fence at least 6 feet in height erected and maintained between the parking area and the lot line separating the residential use from the parking area. If any adjoining building or fence meeting these height and opacity standards is on or substantially on the common property line, no wall or fence need be erected adjacent to the building or fence. If [[~~a residential fence~~]] >>an adjacent building<< is within 3 feet of the required fence or wall, the required height may be reduced to 3.5 feet. If there is an elevation difference between the parking area and the adjacent residential use, the height of the required fence shall be measured from the point of the higher elevation. Where the required fence or wall abuts a residential front yard, the height of the fence or wall shall be reduced to 3.5 feet. In no case shall a fence or wall be less than 3.5 feet in height. Where the parking area abuts an alley, no fence or wall shall be required.

Part 17. Table 295-503-1 of the code is amended to read:

Table 295-503-1 RESIDENTIAL DISTRICTS USE TABLE

Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use

Zoning Districts

Uses

RS1-RS5

RS6

RT1-RT3

RT4

RM1-RM2

RM3-RM7

RO1

RO2

RESIDENTIAL USES

Single-family dwelling

Two-family dwelling

Multi-family dwelling

Attached single-family dwelling

Live-work unit

Mobile home

Watchman/service quarters

Family day care home

Group Residential

Rooming house

Convent, rectory or monastery

Dormitory

Fraternity or sorority

Adult family home

Foster Homes

Foster family home

Small foster home

Group home or group foster home

Shelter Care Facilities

Family shelter care facility

Small group shelter care facility

Large group shelter care facility

Community living arrangement

Transitional living facility

EDUCATIONAL USES

Day care center

School, elementary or secondary

College

SYY

1Number

031422

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance revising various provisions of the zoning code.

Sections

200-42-1-a am

244-2-1-c-3 cr

295-107-2 (table) am

295-201-11 am

295-201-13 am

295-201-113-a am

295-201-163 am

295-201-345 am

295-201-591 am

295-203-1-n am

295-203-1-u-1 am

295-203-5-g am

295-203-9-L am

295-311-2-d-4 am

295-405-1-c (table) am

295-405-1-c-4 am

295-503-1 (table) am

295-503-2-j-1 am

295-503-2-j-3 am

295-503-2-L rn

295-503-2-L cr

295-503-2-m rn

295-503-2-n rn

295-503-2-o rn

295-503-2-p rn

295-503-2-q rn

295-503-2-r rn

295-503-2-s rn

295-503-2-t rn

295-503-2-u rn

295-503-2-v rn

295-503-2-p-1 am

295-505-2 (table) am

295-505-2-i am

295-505-3 (table) am

295-505-4-c-4-c cr

295-505-5-b rc

295-603-1 (table) am

295-603-2-a rn

295-603-2-a cr

295-603-2-b rn

295-603-2-c rn

295-603-2-d rn

295-603-2-e rn

295-603-2-f rn

295-603-2-f am

295-603-2-g rn

295-603-2-h rn

295-603-2-i rn

295-603-2-j rn

295-603-2-j-2 am

295-603-2-k rn

295-603-2-L rn

295-603-2-m rn

295-603-2-n rn

295-603-2-o rn

295-603-2-o rc

295-603-2-p rn

295-603-2-q rn

295-603-2-r rn

295-603-2-s rn

295-603-2-t rn

295-603-2-u rn

295-603-2-v rn

295-603-2-w rn

295-603-2-x rn

295-603-2-y rn

295-703-2-b-4 cr

295-705-1 (table) am

295-705-7 (table) am

295-803-1 (table) am

295-803-2-j rn

295-803-2-j cr

295-803-2-k rn

295-803-2-k am

295-803-2-L rn

295-803-2-L-4 cr

295-803-2-m rn

295-803-2-m cr

295-803-2-n rn

295-803-2-n-0 am

295-803-2-o rn

295-803-2-o cr

295-803-2-p rn

295-803-2-q rn

295-803-2-r rn

295-803-2-s rn

295-803-2-t rn

295-803-2-u rn

295-803-2-v rn

295-803-2-w rn

295-803-2-x rn

295-803-2-y rn

295-803-2-z rn

295-803-2-aa rn

295-803-2-bb rn

295-803-2-cc rn

295-803-2-dd rn

295-803-2-ee rn

295-805-2 (table) am

295-805-4-b-3 rp

295-805-4-b-4 rn

295-805-4-d (table) am

295-903-2-b-3-d am

295-905-2-b-6-b am

295-905-2-b-7 rc

295-907-0 am

295-907-2-h am

295-1015-3-a (table) am

Analysis

This ordinance makes various corrections, clarifications and minor substantive changes to the zoning code, including:

5. Requirements for the provision of "usable open space" in downtown zoning districts are eliminated.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 200-42-1-a of the code is amended to read:

200-42. Certificate of Occupancy.

1. WHEN REQUIRED.

Part 2. Section 244-2-1-c-3 of the code is created to read:

244-2. Permits.

1. PERMIT REQUIRED.

c-3. Entrance and exit signs which are in compliance with the requirements of s. 295-407-3-d.

Part 3. Table 295-107-2 of the code is amended to read:

TABLE 295-107-2 ZONING DISTRICTSDistrictMap Indicator Most Similar District(s) Under the Previous CodeSubchapter ReferenceResidential DistrictsSingle-FamilyRS1, RS2, RS3, RS4, RS5 and RS6R/F-1/40, R/F-2/40, R/F-3/40, R/F-4/40 and R/F-5/405Two-Family RT1, RT2, RT3 and RT4R/D-1/40, R/C-1/40 and R/E/405Multi-Family RM1R/D/405 Multi-FamilyRM2R/C/405Multi-FamilyRM3R/D/40, R/D/60 and R/D/855Multi-Family RM4 R/C/40, R/C/60, R/C/85 and R/C/1255Multi-Family RM5 R/B/405Multi-FamilyRM6R/B/605Multi-FamilyRM7R/B/85, R/A/85 and R/A/1255Residential and Office RO1, RO2 all O and RO districts 5Commercial DistrictsNeighborhood Shopping NS1, NS2all S districts6Local Business LB1, LB2 all L districts6Commercial Service CS all CS districts6Regional Business RB1, RB2all RS districts6Central BusinessC9A-C9HC9A-C9H 7Industrial DistrictsIndustrial-Office IO M/D/40, M/C/60, I/D/40 and I/E/40 8Industrial- LightIL M/B/85, M/A/125, I/C/60, I/D/40, I/D/60 and I/E/60 8Industrial-Mixed IM none 8Industrial-Heavy IH I/A125 and I/B/85 8 Special Districts and Overlay Zones Parks PKNone9 Institution-alTLall T districts9Planned Development[[~~GPD~~]] >>PD<< and DPDGPD and DPD9 Neighborhood ConservationNCNone10Interim StudyISnone 10Development IncentiveDIZDIZ 10 Site Plan ReviewSPSPROD 10Flood PlainFP1 and FP2FP1 and FP210Shoreland-WetlandWLShoreland-Wetland10LakefrontLFLF/C/6010Master Sign ProgramMSPNone10

Part 4. Section 295-201-11 of the code is amended to read:

295-201. Definitions.

Part 5. Section 295-201-13 of the code is amended to read:

Part 6. Section 295-201-113-a of the code is amended to read:

113. COMMUNITY LIVING ARRANGEMENT means either of the following facilities licensed, operated or permitted by the state of Wisconsin:

Part 7. Section 295-201-163 of the code is amended to read:

Part 8. Section 295-201-345 of the code is amended to read:

Part 9. Section 295-201-591 of the code is amended to read:

Part 10. Section 295-203-1-n of the code is amended to read:

295-203. Use Definitions.

1. RESIDENTIAL USES.

Part 11. Section 295-203-1-u-1 of the code is amended to read:

u. "Community living arrangement" means either of the following facilities licensed, operated or permitted by the state of Wisconsin:

Part 12. Section 295-203-5-g of the code is amended to read:

5. HEALTH CARE AND SOCIAL ASSISTANCE.

Part 13. Section 295-203-9-L of the code is amended to read:

9. ENTERTAINMENT AND RECREATION USES.

Part 14. Section 295-311-2-d-4 of the code is amended to read:

295-311. Appeals.

2. SPECIAL USE PERMITS.

d. Findings.

d-4. Consistency With Comprehensive Plan. The special use will be designed, located and operated in a manner consistent with >>all applicable elements of<< the city's comprehensive plan.

Part 15. Table 295-405-1-c of the code is amended to read:

Table 295-405-1-c FENCE/WALL AND LANDSCAPING REQUIREMENTS FOR LANDSCAPING TYPESType A LandscapingType B LandscapingType C LandscapingType D LandscapingType E LandscapingType F LandscapingType G LandscapingType H LandscapingRequired Fence/WallFence or wall required?OptionalYesyesyes if located in LB2yesyesoptionalyesFence/wall height requirementsfence optional; see below3 ft. min.; 6 ft. max.6 ft.if provided, 3 ft. min.; 6 ft. max.6 ft. min.; 9 ft. max.6 ft. min.; 9 ft. max.to top of object plus one foot (min.); 9 ft. max.6 ft.; shall be reduced to [[5]] >>3.5<< ft. when adjacent to a residential front yardFence/wall materials requiredfence not requiredmasonry or decorative metalcombination masonry/ decorative metalif LB2, masonry or decorative metal; other districts, fences are optionalany opaque fence typeany opaque fence typeany opaque fence typeany opaque fence typeFence/wall opacityfence not requiredno opacity standardsolid in lower 3 ft.no opacity standard100%100%100%100%Fence/wall location in landscaped areaif provided, adjacent to parking anywhere within landscaped areaanywhere within landscaped areaanywhere within landscaped areabehind landscapingbehind landscapingbetween object being screened and area of visibilityadjacent to residential property lineAllowable fence/wallMasonry wallup to 4 ft. highup to 4 ft. highup to 4 ft. highup to 4 ft. highup to 9 ft. highup to 9 ft. highup to 9 ft. highup to 9 ft. highDecorative metal fenceup to 6 ft. highup to 6 ft. highup to 6 ft. high; lowest 3 ft. shall be solid wallup to 6 ft. highnot permittednot permittedallowed, but a second row of shrubs shall be requiredup to 9 ft. highWood fence, openup to 4 ft. highnot permittednot permittedif not in LB2, up to 3.5 ft. highnot permittednot permittednot permittednot permittedWood fence, opaqueup to 4 ft. highnot permittednot permittedif not in LB2, up to 3.5 ft. highup to 9 ft. highup to 9 ft. highup to 9 ft. highup to 9 ft. highChain link fence (coated wire only)up to 6 ft. highnot permittednot permittednot permittedoptional if fence has slats; up to 6 ft. highoptional if fence has slats; up to 6 ft. highoptional if fence has slats; up to 6 ft. highnot permitted with or without slatsTrees and Shrubs Required & AllowedMinimum landscaped area width5 ft.5 ft.sufficient for wall, trees and optional shrubs5 ft.15 ft.5 ft.; 15 ft. if a chain-link fence is presentsufficient to accommodate required plantings; 15 ft. if a chain-link fence is presentsufficient to accommodate fence/wall and optional trees/shrubsDeciduous street-type treesminimum 1 every 25 ft.minimum 1 every 25 ft.minimum 1 every 25 ft.minimum 1 every 25 ft.minimum 1 every 25 ft.minimum 1 every 25 ft.allowed but not required unless a loading dock is present1 every 25 feet or where required by s. 295-405-1-b-8Ornamental tree optionminimum 1 every 20 ft. if landscaped area is at least 10 ft. wideminimum 1 every 20 ft. if landscaped area is at least 10 ft. wideoptionalminimum 1 every 20 ft. if landscaped area is at least 10 ft. wideminimum 1 every 20 ft. if landscaped area is at least 10 ft. wideminimum 1 every 20 ft. if landscaped area is at least 10 ft. wideminimum 1 every 20 ft. if landscaped area is at least 10 ft. wide1 every 20 feet if landscaped area is at least 10 ft. wideShrub spacing requirement2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on center2 staggered rows with plants a max. of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. 3 ft. on centerone row with plants a max. of 3 ft. on center; if a masonry wall is provided, shrubs are optionalif light motor vehicle parking: one row with plants a max. of 3 ft. on center; if heavy motor vehicle parking, 2 staggered rows with plants a max. of 4 ft. on center in each rowone row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each rowone row with plants a max. of 3 ft. on center; if chain-link fence is provided, 2 staggered rows with plants a max. of 4 ft. on center in each row2 staggered rows, with plants a maximum of 4 ft. on center in each row; if a 4-ft. opaque fence is provided, only one row shall be planted, max. of 3 ft. on centeroption or, where required by s. 295-405-1-b-8, one row with plants a max. of 8 ft. on centerShrub size, min. (at time of planting)2 ft. in diameter2 ft. in diameter2 ft. in diameterif light motor vehicle parking, 1.5 ft. in diameter; if heavy motor vehicle parking, 2 ft. in diameter2 ft. in diameter2 ft. in diameter2 ft. in diameter2 ft. in diameterShrub height, min. (at time of planting)2 ft.2 ft.2 ft.if light motor vehicle parking, 2 ft.; if heavy motor vehicle parking, 3 ft.6 ft.6 ft.6 ft.2 ft.Shrub height, max. (at maturity)3.5 ft.3.5 ft.3.5 ft.if light motor vehicle parking, 3.5. ft.; if heavy motor vehicle parking, 4.5 ft.no limitno limitno limitno limitPart 16. Section 295-405-1-c-4 of the code is amended to read:

295-405. Landscaping.

1. PERIMETER LANDSCAPING AND EDGE TREATMENTS.

c. Requirements by Landscaping Type.

Part 17. Table 295-503-1 of the code is amended to read:

Table 295-503-1 RESIDENTIAL DISTRICTS USE TABLEY = Permitted Use L = Limited Use S = Special Use N = Prohibited UseZoning Districts UsesRS1-RS5RS6RT1-RT3RT4RM1-RM2RM3-RM7RO1RO2 RESIDENTIAL USESSingle-family dwellingYYYYYYYYTwo-family dwellingLLYYYYYYMulti-family dwellingNNLLYYYYAttached single-family dwellingNNLLYYYYLive-work unitNNNLLLYYMobile homeNNNNNNNNWatchman/service quartersNNNNNNNNFamily day care homeLLLLLLLLGroup Residential Rooming houseNNNSSSSS Convent, rectory or monasteryYYYYYYYY DormitoryNNNSSSSS Fraternity or sororityNNNSSSSSAdult family homeLLLLLLLLFoster Homes Foster family homeYYYYYYYY Small foster homeLLLLLLLL Group home or group foster homeLLLLLLLLShelter Care Facilities Family shelter care facilityYYYYYYYY Small group shelter care facilityLLLLLLLL Large group shelter care facilityNNNSSSSSCommunity living arrangementLLLLLLLLTransitional living facilityNNNSSSSSEDUCATIONAL USESDay care centerLLLLLLLLSchool, elementary or secondaryYYYYYYYYCollegeNNNSSSYYSchool, specialty or personal instruction

COMMUNITY-SERVING USES

Library

Cultural institution

Community center

Religious assembly

Cemetery or other place of interment

Public safety facility

Correctional facility

COMMERCIAL AND OFFICE USES

General office

Government office

Bank or other financial institution

Currency exchange, payday loan or title loan agency

Retail establishment, general

Garden supply or landscaping center

Home improvement center

Secondhand store

Outdoor merchandise sales

Artist studio

Adult retail establishment

HEALTH CARE AND SOCIAL ASSISTANCE USES

Medical office

Health clinic

Hospital

Medical research laboratory

Medical service facility

Social service facility

Emergency residential shelter

Nursing home

GENERAL SERVICE USES

Personal service

Business service

Building maintenance service

Catering service

Funeral home

Laundromat

Dry cleaning establishment

Furniture and appliance rental and leasing

Household maintenance and repair service

Tool/equipment rental facility

Animal Services

Animal hospital/clinic

Animal boarding facility

Animal grooming or training facility

MOTOR VEHICLE USES

Light Motor Vehicle

Sales facility

Rental facility

Repair facility

Body shop

Outdoor storage

Limited wholesale facility

Heavy Motor Vehicle

Sales facility

Rental facility

Repair facility

Body shop

Outdoor storage

General Motor Vehicle

Filling station

Car wash

Drive-through facility

[[N]] >>L<<

Parking

Parking lot, principal use

Parking lot, accessory use

Parking structure, principal use

Parking structure, accessory use

Heavy motor vehicle parking lot, principal

Heavy motor vehicle parking lot, accessory

ACCOMMODATION AND FOOD SERVICE USES

Bed and breakfast

Hotel, commercial

Hotel, residential

Tavern

Assembly hall

Restaurant, sit-down

Restaurant, fast-food/carry-out

ENTERTAINMENT AND RECREATION USES

Park or playground

Festival grounds

Recreation facility, indoor

Recreation facility, outdoor

Health club

Sports facility

Gaming facility

Theater

Convention and exposition center

Marina

Outdoor racing facility

Adult entertainment establishment

STORAGE, RECYCLING AND WHOLESALE TRADE USES

Recycling collection facility

Mixed-waste processing facility

Material reclamation facility

Salvage operation, indoor

Salvage operation, outdoor

Wholesale and distribution facility, indoor

Wholesale and distribution facility, outdoor

Storage Facilities

Indoor

Outdoor

Hazardous materials

TRANSPORTATION USES

Ambulance service

Ground transportation service

Passenger terminal

Helicopter landing facility

Airport

Ship terminal or docking facility

Truck freight terminal

Railroad switching, classification yard or freight terminal

INDUSTRIAL USES

Manufacturing, light

Manufacturing, heavy

Manufacturing, intense

Research and development

Processing or recycling of mined materials

Contractor's shop

Contractor's yard

AGRICULTURAL USES

Plant nursery or greenhouse

Raising of crops or livestock

UTILITY AND PUBLIC SERVICE USES

Broadcasting or recording studio

Transmission tower

Water treatment plant

Sewage treatment plant

Power generation plant

Substation/distribution equipment, indoor

Substation/distribution equipment, outdoor

TEMPORARY USES

Seasonal market

Temporary real estate sales office

Concrete/batch plant, temporary

Live entertainment special event

Part 18. Section 295-503-2-j-1 of the code is amended to read:

j. Specialty or Personal Instruction School, General Office, Government Office, Bank or Other Financial Institution, General Retail Establishment, Artist Studio, Medical Office, Personal Service, Business Service, Catering Service, Funeral Home, Laundromat, Dry Cleaning Establishment, Sit-down Restaurant or Fast-food/Carry-out Restaurant.

j-1. In the RS6, RT4 and RM3 to RM7 districts, the structure to be occupied was constructed prior to October 1, 2002, was originally designed and intended to be occupied in whole or in part by a non-residential use, and has been continuously occupied by such non-residential use. [[~~If the structure does not meet this standard, the use shall be a prohibited use.~~]] >>If the structure meets the first 2 of these standards, but not the third, the use shall be classified as a special use. If the structure does not meet either the first or second of these standards, the use shall be classified as a prohibited use.<< Any enlargement of the structure or area devoted to the non-residential use shall require special use approval by the board.

Part 19. Section 295-503-2-j-3 of the code is amended to read:

j-3. The use shall not operate between the hours of 10 p.m. and 6 a.m. This provision shall not apply to a >>convenience store,<< personal service, sit-down restaurant or fast-food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.

Part 20. Section 295-503-2-L to v of the code is renumbered 295-503-2-m to w.

Part 21. Section 295-503-2-L of the code is created to read:

L. Drive-through Facility. The facility shall be attached to a bank or other financial institution.

Part 22. Section 295-503-2-p-1 of the code is amended to read:

p. Tavern.

p-1. In the RS6, RT4 and RM3 to RM7 districts, the structure to be occupied was constructed prior to October 1, 2002, was originally designed and intended to be occupied in whole or in part by a non-residential use, and has been continuously occupied by such non-residential use. >>If the structure meets the first 2 of these standards, but not the third, a tavern shall be classified as a special use. If the structure does not meet either the first or second of these standards, a tavern shall be classified as a prohibited use.<< Any enlargement of the structure or area devoted to the non-residential use shall require special use approval by the board.

Part 23. Table 295-505-2 of the code is amended to read:

		Table 295-505-2 PRINCIPAL BUILDING DESIGN STANDARDS
			Single-family Districts											Two-family Districts
			RS1	RS2		RS3			RS4	RS5		RS6		RT1	RT2	RT3	RT4
Lot	Lot area, minimum (sq. ft.) detached housing		20,000	12,000		9,000			7,200	6,000		3,600		7,200	4,800	3,000	2,400
	Lot area, minimum (sq. ft.) attached housing		not applicable											3,600	3,000	1,800	1,800
	Lot area, maximum (sq. ft.)		none	none		none			none	none		none		none	none	none	none
	Lot width, minimum (ft.) detached housing		100	100		75			60	50		30		60	40	30	24
	Lot width, minimum (ft.) attached housing		not applicable											30	25	18	18
	Lot width, maximum (ft.)		none		none		none	none			none		none	none	none	none	none
Density	Lot area per dwelling unit, minimum (sq. ft.)		none		none		none	none			none		3,600	3,600	2,400	1,800	1,200
	Lot area per roomer, minimum (sq. ft.)		NA		NA		NA	NA			NA		NA	NA	NA	NA	600
	Lot coverage, minimum interior lot		none		none		none	none			none		*	none	none	*	*
	Lot coverage, maximum interior lot		15%		30%		30%	30%			30%		[[*]] >>60%<<	30%	30%	[[*]] >>50%<<	[[*]] >>70%<<
	Lot coverage, minimum corner lot		none		none		none	none			none		*	none	none	*	*
	Lot coverage, maximum corner lot		15%		30%		30%	30%			40%		[[*]] >>70%<<	40%	40%	[[*]] >>60%<<	[[*]] >>85%<<
	Floor area, minimum (sq. ft.) one-story structure		1,500		1,500		1,300	1,200			900		None	none	none	none	none
	Floor area, minimum (sq. ft.) split-level or taller		1,900		1,900		1,700	1,450			1,200		None	none	none	none	none
Height	Height, minimum (ft.)		none		none		none	none			none		*	none	none	*	*
	Height, maximum (ft.)		45		45		45	45			45		45	45	45	45	60
*[[~~See table 295-505-2-i~~]] >>The requirements of table 295-505-2-i apply in lieu of the min./max. lot coverage and minimum height requirements of this table.<<









			RS1		RS2		RS3	RS4			RS5		RS6	RT1	RT2	RT3	RT4
Primary Frontage	Front setback, minimum (ft.) (see s. 295-505-2-b)		average or 25 ft., whichever is less		average or 25 ft., whichever is less		average	average			average		average	average	average	average	average
	Front setback, maximum (ft.) (see s. 295-505-2-b)		none		none		none	none			average		average	none	none	average but never more than 20 ft.
	Side street setback, minimum (ft.)		20% of lot width but never more than 15 ft.				10% of lot width but never more than 15 ft.			10% of lot width but never more than 6 ft.				20% of lot width but never more than 15 ft.		10% of lot width but never more than 6 ft.	3
	Side street setback, maximum (ft.)		none		none		none	none			none		none	none	none	none	15
Side Setback	North or west side setback, minimum (ft.)		3		3		3	3			3		1.5	3	3	1.5	1.5
	South or east side setback, minimum (ft.)		6		6		6	6			6		3.5	6	6	3.5	3.5
	Combined side setback, minimum (ft.)		12		12		12	12			12		5	12	12	5	5
	Maximum depth of building without side setback adjustment		50		50		50	50			50		75	50	50	75	100
	Max. no. of stories without side or rear setback adjustment		2		2		2	3			3		3	2	2	3	4
Rear Setback	Rear setback, minimum (ft.) interior lot		25		25		25	20			15		15	25	25	15	15
	Rear setback, minimum (ft. corner lot		25		25		25	15			10		10	20	20	10	[[20]] >>10<<
	Rear street setback, minimum (ft.) (see s. 295-505- -2-e)		average		average		average	average			average		average	average	average	average	average
	Rear street setback, maximum (ft.)		none		none		none	none			none		none	none	none	none	none
Multiple principal residential buildings permitted?			no		no		no	no			no		same as RT3-RT4	no	no	yes, if in existence on November 5, 2003; otherwise, special use

		Table 295-505-2 PRINCIPAL BUILDING DESIGN STANDARDS
			Multi-family Districts							Residence & Office
			RM1	RM2	RM3	RM4	RM5	RM6	RM7	RO1	RO2
Lot	Lot area, minimum (sq. ft.) detached housing		3,600	3,600	3,000	2,400	2,400	2,400	2,400	3,600	2,400
	Lot area, minimum (sq. ft.) attached housing		3,000	3,000	1,800	1,800	1,800	1,800	1,800	3,000	1,800
	Lot area, maximum (sq. ft.)		none	none	none	none	none	none	none	none	none
	Lot width, minimum (ft.) detached housing		40	40	30	24	24	24	24	30	24
	Lot width, minimum (ft.) attached housing		25	25	18	18	18	18	18	25	18
	Lot width, maximum (ft.)		none	none	none	none	none	none	none	none	none
Density	Lot area per dwelling unit, minimum (sq. ft.)		2,400	1,200	2,400 ea. (3 or more); 3,600 for 2; 1,800 for one	1,200	800	400	150	2,400	400
	Lot area per roomer, minimum (sq. ft.)		1,200	600	900	600	400	200	75	1,200	200
	Lot coverage, minimum interior lot		15%	15%	*	*	*	*	20%	15%	*
	Lot coverage, maximum interior lot		30%	50%	[[*]] >>50%<<	[[*]] >>70%<<	[[*]] >>70%<<	[[*]] >>70%<<	85%	30%	[[*]] >>none<<
	Lot coverage, minimum corner lot		15%	15%	*	*	*	*	20%	15%	*
	Lot coverage, maximum corner lot		40%	60%	[[*]] >>60%<<	[[*]] >>85%<<	[[*]] >>85%<<	[[*]] >>85%<<	85%	40%	[[*]] >>none<<
	Floor area, minimum (sq. ft.) one-story structure		none	none	none	none	none	none	none	none	none
	Floor area, minimum (sq. ft.) split-level or taller		none	none	none	none	none	none	none	none	none
Height	Height, minimum (ft.)		none	none	*	*	*	*	20	none	*
	Height, maximum (ft.)		45	45	45	60	60	85	85; no limit if floor area ratio is less than 4:1	45	85
*[[~~See table 295-505-2-i~~]] >>The requirements of table 295-505-2-i apply in lieu of the min./max. lot coverage and minimum height requirements of this table.<<




			RM1	RM2	RM3	RM4	RM5	RM6	RM7	RO1	RO2
Primary Frontage	Front setback, minimum (ft.) (see s. 295-505-2-b)		average	average	average	average	average	average	average	average	average
	Front setback, maximum (ft.) (see s. 295-505-2-b)		none	none	average but never more than 20 ft.		average but never more than 15 ft.			none	15 ft.
	Side street setback, minimum (ft.)		10% of lot width but not more than 15 ft.		3	3	3	3	3	same as RM1-RM2	none
	Side street setback, maximum (ft.)		none	none	15	15	15	15	15	none	none
Side Setback	North or west side setback, minimum (ft.)		3	3	1.5	1.5	1.5	1.5	1.5	3	none
	South or east side setback, minimum (ft.)		6	6	3.5	3.5	3.5	3.5	3.5	6	none
	Combined side setback, minimum (ft.)		12	12	5	5	5	5	5	12	none
	Maximum depth of building without side setback adjustment		50	50	75	100	100	100	100	50	none
	Max. no. of stories without side or rear setback adjustment		2	2	3	4	6	8	8	2	8
Rear Setback	Rear setback, minimum (ft.) interior lot		25	25	20	15	15	15	10	20	none
	Rear setback, minimum (ft. corner lot		10	10	10	10	10	10	10	10	none
	Rear street setback, minimum (ft.) (see s. 295-505- 2-e)		average	average	average	average	average	average	average	average	average
	Rear street setback, maximum (ft.)		none	none	none	none	none	none	none	none	none
Multiple principal residential buildings permitted?			no	no	no	yes	yes	yes	yes	yes	yes

Part 24. Section 295-505-2-i of the code is amended to read:

295-505. Design Standards.

2. PRINCIPAL BUILDING STANDARDS.

i. Lot Coverage. The lot coverage standards set forth in table 295-505-2 relate to the proportion of a lot occupied by principal buildings. Accessory structures shall not be included when determining principal building lot coverage. Table 295-505-2-i provides minimum building height and minimum front façade width requirements that are to be applied in place of the lot coverage standards in certain zoning districts. >>These standards apply only to single-family, two-family and multi-family dwellings.<<

Table 295-505-3 ACCESSORY STRUCTURE DESIGN STANDARDS
	Garage	Shed	Deck/stoop less than one foot above grade	Deck/stoop one to 3 feet above grade	Deck/stoop 3 to 7 feet above grade	Deck/stoop more than 7 feet above grade	Open trellis or arbor
Included in lot coverage calculation?	Yes	Yes	No	No	Yes	Yes	No
Minimum front setback	Same as principal building; if the garage door faces the front of the lot, an additional 4 ft. shall be required.	Same as principal building.	No restriction.	Same as principal building.	Same as principal building.	Same as principal building.	No restriction.
Minimum side street setback	Same as principal building, but not closer to side street than any existing principal building.		No restriction.	Same as principal building.			No restriction.
Minimum rear street setback	Averaged in accordance with s. 295-505-2-e.						No restriction.
Minimum side setback when located in the side yard	Same as principal building.	Same as principal building.	No restriction.	Up to property line; however, all railings above 4 feet shall be at least 50% open.	1.5 feet; however, all railings above 4 feet shall be at least 50% open.	Same as principal building.	Same as principal building.
Minimum side setback when located in the rear yard	1.5 feet	1.5 feet	No restriction.	No restriction.	1.5 feet; however, all railings above 4 feet shall be at least 50% open.	1.5 feet; however, all railings above 4 feet shall be at least 50% open.	No restriction.
Min. rear setback	4 feet; may be reduced to 1.5 feet if there is no alley.	4 feet; may be reduced to 1.5 feet if there is no alley.	No restriction.	No restriction.	1.5 feet; however, all railings above 4 feet shall be at least 50% open.	4 feet; may be reduced to 1.5 feet if there is no alley.	No restriction.
Max. height of sidewall	10 feet	8 feet	No restriction.	No restriction.	No restriction.	10 feet	8 feet
Max. overall height	24 feet >>or the height of the principal building, whichever is less.<<	14 feet	Not applicable.	Not applicable.	Not applicable.	14 feet	14 feet

Part 25. Section 295-505-4-c-4-c of the code is created to read:

4. SITE STANDARDS.

c. Access Drives.

c-4. Shared Drives.

c-4-c. For any newly-constructed shared access drive serving properties with existing buildings, there shall be a recorded legal instrument which guarantees access to the drive for occupants of each dwelling served by the shared drive and which assigns responsibility for maintenance of the drive.

Part 26. Section 295-505-5-b of the code is repealed and recreated to read:

5. SIGNS.

b. Signs for Dwellings. b-1. Single-family, 2-family and 3-family Dwellings. Except for permitted temporary signs, no other signage shall be allowed.

b-2. Multi-family Dwellings. Internally illuminated signs shall be prohibited.

Part 27. Table 295-603-1 of the code is amended to read:

Table 295-603-1 COMMERCIAL DISTRICTS USE TABLE

Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use

Zoning Districts

Uses

NS1

NS2

LB1

LB2

RB1

RB2

RESIDENTIAL USES

Single-family dwelling

Two-family dwelling

Multi-family dwelling

Attached single-family dwelling

Live-work unit

Mobile home

Watchman/service quarters

Family day care home

[[Y]] >>L<<

Group Residential

Rooming house

Convent, rectory or monastery

Dormitory

Fraternity or sorority

Adult family home

Foster Homes

Foster family home

Small foster home

Group home or group foster home

Shelter Care Facilities

Family shelter care facility

Small group shelter care facility

Large group shelter care facility

Community living arrangement

Transitional living facility

EDUCATIONAL USES

Day care center

School, elementary or secondary

College

School, specialty or personal instruction

COMMUNITY-SERVING USES

Library

Cultural institution

Community center

Religious assembly

Cemetery or other place of interment

Public safety facility

Correctional facility

COMMERCIAL AND OFFICE USES

General office

Government office

Bank or other financial institution

Currency exchange, payday loan or title loan agency

Retail establishment, general

Garden supply or landscaping center

Home improvement center

Secondhand store

Outdoor merchandise sales

Artist studio

Adult retail establishment

HEALTH CARE AND SOCIAL ASSISTANCE USES

Medical office

Health clinic

Hospital

Medical research laboratory

Medical service facility

Social service facility

Emergency residential shelter

Nursing home

GENERAL SERVICE USES

Personal service

[[L]] >>Y<<

Business service

Building maintenance service

Catering service

Funeral home

Laundromat

Dry cleaning establishment

Furniture and appliance rental and leasing

Household maintenance and repair service

Tool/equipment rental facility

Animal Services

Animal hospital/clinic

Animal boarding facility

Animal grooming or training facility

MOTOR VEHICLE USES

Light Motor Vehicle

Sales facility

Rental facility

Repair facility

Body shop

Outdoor storage

Limited wholesale facility

Heavy Motor Vehicle

Sales facility

Rental facility

Repair facility

Body shop

Outdoor storage

General Motor Vehicle

Filling station

Car wash

Drive-through facility

Parking

Parking lot, principal use

Parking lot, accessory use

Parking structure, principal use

Parking structure, accessory use

Heavy motor vehicle parking lot, principal use

Heavy motor vehicle parking lot, accessory use

ACCOMMODATION AND FOOD SERVICE USES

Bed and breakfast

Hotel, commercial

Hotel, residential

Tavern

Assembly hall

Restaurant, sit-down

Restaurant, fast-food/carry-out

ENTERTAINMENT AND RECREATION USES

Park or playground

Festival grounds

Recreation facility, indoor

Recreation facility, outdoor

Health club

Sports facility

Gaming facility

Theater

Convention and exposition center

Marina

Outdoor racing facility

Adult entertainment establishment

STORAGE, RECYCLING AND WHOLESALE TRADE USES

Recycling collection facility

Mixed-waste processing facility

Material reclamation facility

Salvage operation, indoor

Salvage operation, outdoor

Wholesale and distribution facility, indoor

Wholesale and distribution facility, outdoor

Storage Facilities

Indoor

Outdoor

Hazardous materials

TRANSPORTATION USES

Ambulance service

Ground transportation service

Passenger terminal

Helicopter landing facility

Airport

Ship terminal or docking facility

Truck freight terminal

Railroad switching, classification yard or freight terminal

INDUSTRIAL USES

Manufacturing, light

Manufacturing, heavy

Manufacturing, intense

Research and development

Processing or recycling of mined materials

Contractor's shop

Contractor's yard

AGRICULTURAL USES

Plant nursery or greenhouse

Raising of crops or livestock

UTILITY AND PUBLIC SERVICE USES

Broadcasting or recording studio

Transmission tower

Water treatment plant

Sewage treatment plant

Power generation plant

Substation/distribution equipment, indoor

Substation/distribution equipment, outdoor

TEMPORARY USES

Seasonal market

Temporary real estate sales office

Concrete/batch plant, temporary

Live entertainment special event

Part 28. Section 295-603-2-a to y is renumbered 295-603-2-b to z.

Part 29. Section 295-603-2-a of the code is created to read:

295-603. Uses.

2. LIMITED USE STANDARDS.

a. Family Day Care Home. a-1. The operator of the family day care home shall reside in the dwelling unit in which the day care home is located, except in a 2-family dwelling, in which case the operator may reside in one dwelling unit and operate the family day care home in the other unit.

a-2. There shall be no other family day care home in the building as of the effective date of this ordinance 4/30/04.

a-3. The family day care home shall not operate between the hours of 10 p.m. and 6 a.m.

a-4. Signs shall not be permitted.

a-5. Any family day care home that does not meet one or more of these standards shall be classified as a day care center.

Part 30. Section 295-603-2-f of the code is amended to read:

f. General Retail Establishment [[~~or Personal Service~~]] . The use shall not be operated between 12 a.m. and 5 a.m. if it is located within 150 feet of a residential district. >>This limitation shall not apply to a convenience store which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.<<

Part 31. Section 295-603-2-j-2 of the code is amended to read:

j. Drive-through Facility.

j-2. The facility shall not be operated between the hours of 10 p.m. and 7 a.m. This limitation shall not apply to an automatic teller machine or a drive-through facility associated with a >>convenience store,<< personal service, >>filling station,<< sit-down restaurant or fast-food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.

Part 32. Section 295-603-2-o of the code is repealed and recreated to read:

o. Fast-food/Carry-out Restaurant. The use shall be located in a building containing at least one other principal use listed as a permitted use in the zoning district in which it is located.

Part 33. Section 295-703-2-b-4 of the code is created to read:

295-703. Uses.

2. LIMITED USE STANDARDS.

b. Family Day Care Home.

b-4. Any family day care home that does not meet one or more of these standards shall be classified as a day care center.

Part 34. Table 295-705-1 of the code is amended to read:

Table 295-705-1 DOWNTOWN DISTRICTS DESIGN STANDARDS
	C9A subdistrict A	C9A subdistrict B	C9B subdistrict A	C9B subdistrict B	C9C	C9D subdistrict A
Front setback (see s. 295-705-2-a)	avg., but not more than 10 ft.	avg., but not more than 10 ft.	no requirement	no requirement	no requirement	10 ft.
Side setback	each side setbac shall be at least 3 ft., with a minimum of 8 ft. total for 2 sides; however, side setbacks shall not be required when a side lot line is shared by separate townhouse units		no requirement	norequirement	no requirement	each side setbac shall be at least 3 ft., with a minimum of 8 ft. total for 2 sides
Side street setback (see s. 295-705-2-a)	avg., but not more than 10 ft.	avg., but not more than 10 ft.	no requirement	no requirement	no requirement	no requirement
Rear setback	10 ft.	10 ft.	no requirement	no requirement	no requirement	no requirement
Rear street setback (see s. 295-705-2-a)	avg., but not more than 10 ft.	avg., but not more than 10 ft.	no requirement	no requirement	no requirement	no requirement
Lot width, minimum	24 ft.	24 ft.	none	none	none	100 ft.
Lot area, minimum	none	none	none	none	none	20,000 sq. ft.
Permitted floor area (when surface open space will comprise 40% or less of the development site); see s. 295-705-4	2(W) + 7.5(X) + 4(Y)	2(W) + 7.5(X) + 4(Y)	6(W) + 5(X) + 2.5(Y)	7(W) + 10(X) + 5(Y)	3(W) + 7.5(X) + 4(Y)	2(W) + 20(X) + 10(Y) + 0.05(Z)
Permitted floor area (when surface open space will comprise more than 40% but less than 80% of the development site); see s. 295-705-4	5(W)	5(W)	7(W)	8(W) + 5(X) + 2.5(Y) + 0.3(Z)	6(W)	4(W) + 10(X) + 5(Y) + 0.05(Z)
Permitted floor area (when surface open space will comprise 80% or more of the development site); see s. 295-705-4	25(W) - 25(X)	25(W) - 25(X)	11.5(W) - 11.5(X)	12(W) + 12(X) + 0.3(Z)	30(W) - 30(X)	8(W) + 0.05(Z)
Building height, minimum	20 ft.	20 ft.	20 ft. if wholly residential; otherwise 30 ft.	20 ft. if wholly residential; otherwise 30 ft.	20 ft.	30 ft.
Building height, maximum	none	40 ft.	none	none	none	none
[[~~Required usable open space~~ ~~(as defined in s. 295-201)~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~]]

Table 295-705-1 DOWNTOWN DISTRICTS DESIGN STANDARDS
	C9D subdist. B	C9E	C9F subdist. A	C9F subdist. B	C9F subdist. C	C9G	C9H
Front setback	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement
Side setback	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement
Side street setback	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement
Rear setback	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement
Rear street setback	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement	no requirement
Lot width, minimum	100 ft.	none	none	none	none	none	none
Lot area, minimum	20,000 sq. ft.	none	none	none	none	none	none
Permitted floor area (when surface open space will comprise 40% or less of the development site); see s. 295-705-4	2(W) + 20(X) + 10(Y) + 0.05(Z)	7(W) + 13(X) + 6.5(Y) + 0.2(Z)	5.5(W) + 15(X) + 7.5(Y) + 0.1(Z)	8(W) + 20(X) + 10(Y) + 0.2(Z)	8(W) + 20(X) + 10(Y) + 0.2(Z)	5(W) + 5(X) + 2.5(Y)	5(W) + 5(X) + 2.5(Y)
Permitted floor area (when surface open space will comprise more than 40% but less than 80% of the development site); see s. 295-705-4	4(W) + 10(X) + 5(Y) + 0.05(Z)	8.1(W) + 2(X) + 1(Y) + 0.2(Z)	7.5(W) + 5(X) + 2.5(Y) + 0.1(Z)	9(W) + 10(X) + 5(Y) + 0.2(Z)	9(W) + 10(X) + 5(Y) + 0.2(Z)	7(W)	7(W)
Permitted floor area (when surface open space will comprise 80% or more of the development site); see s. 295-705-4	8(W) + 0.05(Z)	8.5(W) + 0.2(Z)	9.5(W) + 0.1(Z)	12(W) + 0.2(Z)	12(W) + 0.2(Z)	14(W) - 14(X)	14(W) - 14(X)
Building height, minimum	30 ft.	40 ft.	30 ft.	40 ft.	30 ft.	20 ft.	20 ft.
Building height, maximum	none	none	none	none	50 ft.	none	none
[[~~Required usable open space~~ ~~(as defined in s. 295-201)~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~75 sq. ft./ dwelling unit~~	~~no requirement~~]]

Part 35. Table 295-705-7 of the code is amended to read:

Table 295-705-7 DOWNTOWN DISTRICT SIGN CLASSIFICATIONS
	C9A	C9B	C9C	C9D	C9E	C9F	C9G	C9H
On-premise
Awning	L	L	L	L	L	L	L	L
Canopy	L	L	L	L	[[N]] >>L<<	L	L	L
Hood	L	L	L	L	[[N]] >>L<<	L	L	L
Wall	L	L	L	L	L	L	L	L
Freestanding	L	L	L	L	L	L	L	L
Roof	L	L	L	L	L	L	L	L
Projecting	N	L	L	[[N]] >>L<<	[[N]] >>L<<	L	L	L
Marquee	N	L	[[N]] >>L<<	[[N]] >>L<<	[[N]] >>L<<	[[N]] >>L<<	L	L
Off-premise
All	N	L	N	N	N	L	N	N

Part 36. Table 295-803-1 of the code is amended to read:

Table 295-803-1 INDUSTRIAL DISTRICTS USE TABLE
Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use			Zoning Districts
Uses			IO1/IO2		IL1/IL2		IM	IH
RESIDENTIAL USES
Single-family dwelling			N		N		Y	N
Two-family dwelling			N		N		Y	N
Multi-family dwelling			N		N		Y	N
Attached single-family dwelling			N		N		Y	N
Live-work unit			N		N		Y	N
Mobile home			N		N		N	N
Watchman/service quarters			Y		Y		N	Y
Family day care home			N		N		Y	N
Group Residential
Rooming house			N		N		S	N
Convent, rectory or monastery			N		N		Y	N
Dormitory			N		N		S	N
Fraternity or sorority			N		N		S	N
Adult family home			N		N		L	N
Foster Homes
Foster family home			N		N		Y	N
Small foster home			N		N		L	N
Group home or group foster home			N		N		L	N
Shelter Care Facilities
Family shelter care facility			N		N		Y	N
Small group shelter care facility			N		N		L	N
Large group shelter care facility			N		N		S	N
Community living arrangement			N		N		L	N
Transitional living facility			N		N		S	N
EDUCATIONAL USES
Day care center			S		S		L	S
School, elementary or secondary			N		N		Y	N
College			S		S		S	N
School, specialty or personal instruction			S		S		S	N
COMMUNITY-SERVING USES
Library			N		N		Y	N
Cultural institution			N		N		L	N
Community center			N		N		S	N
Religious assembly			N		N		S	N
Cemetery or other place of interment			N		N		N	N
Public safety facility			Y		Y		Y	Y
Correctional facility			N		N		N	N
COMMERCIAL AND OFFICE USES
General office			Y		Y		Y	L
Government office			Y		Y		Y	L
Bank or other financial institution			S		S		Y	N
Currency exchange, payday loan or title loan agency			N		N		S	N
Retail establishment, general			N		N		Y	N
Garden supply or landscaping center			N		Y		Y	N
Home improvement center			N		Y		Y	N
Secondhand store			N		N		S	N
Outdoor merchandise sales			N		N		L	N
Artist studio			N		Y		Y	N
Adult retail establishment			N		N		S	N
HEALTH CARE AND SOCIAL ASSISTANCE
Medical office			S		N		S	N
Health clinic			L		N		S	N
Hospital			N		N		N	N
Medical research laboratory			Y		Y		Y	N
Medical service facility			N		S		N	N
Social service facility			N		S		S	N
Emergency residential shelter			N		N		N	N
Nursing home			N		N		N	N
GENERAL SERVICE USES
Personal service			N		N		Y	N
Business service			Y		S		Y	N
Building maintenance service			S		Y		S	N
Catering service			S		Y		Y	N
Funeral home			N		N		N	N
Laundromat			N		N		Y	N
Dry cleaning establishment			N		N		Y	N
Furniture and appliance rental and leasing			N		N		Y	N
Household maintenance and repair service			N		Y		Y	N
Tool/equipment rental facility			N		Y		Y	N
Animal Services
Animal hospital/clinic			N		Y		L	Y
Animal boarding facility			N		Y		L	Y
Animal grooming or training facility			N		Y		L	Y
MOTOR VEHICLE USES
Light Motor Vehicle
Sales facility		[[N]] >>L<<			S		S	S
Rental facility			L		S		S	S
Repair facility		[[N]] >>L<<			S		S	L
Body shop		[[N]] >>L<<			S		S	L
Outdoor storage		[[N]] >>L<<			Y		S	Y
Limited wholesale facility			Y		Y		Y	Y
Heavy Motor Vehicle
Sales facility		[[N]] >>L<<			Y		S	Y
Rental facility		[[N]] >>L<<			Y		S	Y
Repair facility		[[N]] >>L<<			L		S	L
Body shop		[[N]] >>L<<			L		S	L
Outdoor storage		[[N]] >>L<<			S		S	Y
General Motor Vehicle
Filling station			S		S		S	S
Car wash			S		S		S	S
Drive-through facility			S		S		S	S
Parking
Parking lot, principal use			Y		Y		L	Y
Parking lot, accessory use			Y		Y		L	Y
Parking structure, principal use			Y		Y		L	Y
Parking structure, accessory use	[[L]] >>Y<<			[[L]] >>Y<<		L			[[L]] >>Y<<
Heavy motor vehicle parking lot, principal use			S		L		L	Y
Heavy motor vehicle parking lot, accessory use			Y		Y		Y	Y
ACCOMODATION AND FOOD SERVICE USES
Bed and breakfast			N		N		Y	N
Hotel, commercial			L		N		Y	N
Hotel, residential			N		N		Y	N
Tavern			L		L		Y	L
Assembly hall			S		S		S	N
Restaurant, sit-down			L		L		Y	L
Restaurant, fast-food/carry-out			L		L		L	L
ENTERTAINMENT AND RECREATION USES
Park or playground			S		S		S	S
Festival grounds			N		N		N	N
Recreation facility, indoor			N		S		Y	N
Recreation facility, outdoor			N		N		S	N
Health club			L		L		Y	N
Sports facility			N		S		S	N
Gaming facility			N		S		N	N
Theater			N		N		Y	N
Convention and exposition center			S		N		S	N
Marina			Y		Y		Y	Y
Outdoor racing facility			N		N		N	S
Adult entertainment establishment			N		N		N	N
STORAGE, RECYCLING AND WHOLESALE TRADE USES
Recycling collection facility			S		Y		S	Y
Mixed-waste processing facility			N		L		S	L
Material reclamation facility			N		N		N	L
Salvage operation, indoor			L		L		L	L
Salvage operation, outdoor			N		S		S	S
Wholesale and distribution facility, indoor			Y		Y		Y	Y
Wholesale and distribution facility, outdoor			S		Y		S	Y
Storage Facilities
Indoor			Y		Y		Y	Y
Outdoor			N		Y		S	Y
Hazardous materials			N		N		N	S
TRANSPORTATION USES
Ambulance service			Y		Y		S	Y
Ground transportation service			S		Y		S	Y
Passenger terminal			Y		Y		Y	Y
Helicopter landing facility			S		S		S	S
Airport			N		Y		N	N
Ship terminal or docking facility			N		Y		N	Y
Truck freight terminal			N		S		S	L
Railroad switching, classification yard or freight terminal			N		Y		Y	Y
INDUSTRIAL USES
Manufacturing, light			Y		Y		Y	Y
Manufacturing, heavy			N		S		S	Y
Manufacturing, intense			N		N		N	S
Research and development			Y		Y		Y	Y
Processing or recycling of mined minerals			N		N		N	S
Contractor's shop			S		Y		Y	Y
Contractor's yard			S		Y		Y	Y
AGRICULTURAL USES
Plant nursery or greenhouse			Y		Y		Y	Y
Raising of crops or livestock			Y		Y		Y	Y
UTILITY AND PUBLIC SERVICE USES
Broadcasting or recording studio			Y		S		Y	S
Transmission tower			L		L		L	L
Water treatment plant			Y		Y		Y	Y
Sewerage treatment plant			N		Y		N	Y
Power generation plant			N		S		N	Y
Substation/distribution equipment, indoor			S		Y		S	Y
Substation/distribution equipment, outdoor			L		Y		L	Y
TEMPORARY USES
Seasonal market			L		L		L	L
Temporary real estate sales office			L		L		L	L
Concrete/batch plant, temporary			L		L		L	L
Live entertainment special event			L		L		L	L

Part 37. Section 295-803-2-j to ee of the code is renumbered 295-803-2-k to ff.

Part 38. Section 295-803-2-j of the code is created to read:

295-803. Uses.

2. LIMITED USE STANDARDS.

j. Light Motor Vehicle Sales Facility or Heavy Motor Vehicle Sales Facility. The facility was in operation on October 1, 2002.

Part 39. Section 295-803-2-k of the code is amended to read:

k. Light Motor Vehicle Rental Facility >>or Heavy Motor Vehicle Rental Facility<< . Not more than 15 vehicles available for rent may be kept on the premises.

Part 40. Section 295-803-2-L-4 of the code is created to read:

L. Light Motor Vehicle Repair Facility or Light Motor Vehicle Body Shop.

L-4. In the IO1 and IO2 districts, the repair facility or body shop was in operation on October 1, 2002, and hs been in continuous operation since that date. If this standard is not met, the use shall be a prohibited use.

Part 41. Section 295-803-2-m to ff of the code is renumbered 295-803-2-n to gg.

Part 42. Section 295-803-2-m of the code is created to read:

m. Light Motor Vehicle Outdoor Storage. The facility was in operation on October 1, 2002, and has been in continuous operation since that date. If this standard is not met, the use shall be a prohibited use.

Part 43. Section 295-803-2-n of the code is amended to read:

n. Heavy Motor Vehicle Repair Facility [[strike ,]] >>or<< Heavy Motor Vehicle Body Shop [[~~or HeavyMotor Vehicle Outdoor Storage~~]].

Part 44. Section 295-803-2-o to gg of the code is renumbered 295-803-2-p to hh.

Part 45. Section 295-803-2-o of the code is created to read:

o. Heavy Motor Vehicle Outdoor Storage. The facility was in operation on October 1, 2002, and has been in continuous operation since that date. If this standard is not met, the use shall be a prohibited use.

Part 46. Table 295-805-2 of the code is amended to read:

Table 295-805-2 PRINCIPAL BUILDING DESIGN STANDARDS
[[Design Standards for Industrial Buildings; see table 295-805-4-d if the building site is adjacent to or across a street or alley from a residential, institutional, park or non-industrial planned development district.]]
	IO1	IO2	IL1	IL2	IM	IH
Front setback, minimum (ft.)	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<
Side street setback, minimum (ft.)	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<
Rear street setback, minimum (ft.)	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<
Side setback, minimum (ft.)	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<
Rear setback, minimum (ft.)	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<	none >>*<<
Height, maximum [[~~(see also s. 295-805-4-~~ e)]]	none >>**<<	none >>**<<	none >>**<<	none >>**<<	85 ft. (new con- struc- tion only) >>**<<	none >>**<<
>>* Whenever a building site is adjacent to or across a street or alley from a residential, institutional, park or non-industrial planned development district, see also the residential buffer (setback) standards of table 295-805-4-d.<<
>>** Whenever a building site is adjacent to or across a street or alley from a residential, institutional, park or non-industrial planned development district, see also s. 295-805-4-e.<<
Design Standards for Non-industrial Buildings Except Single-family and Two-family Dwellings
	IO1	IO2	IL1	IL2	IM		IH
Refer to design standards in subch. 6 for this commercial district:	LB1	LB2	LB1	LB2	LB2 [[]] >>**<<		LB2
[[]] >>**<< Compliance with the lot area and lot coverage requirements of the LB2 district shall not be required and maximum building height shall be 85 feet. For residential buildings, compliance with the glazing requirements of the LB2 district shall not be required.
Design Standards for Single-family and Two-family Dwellings
	IO1	IO2	IL1	IL2	IM	IH
Refer to design standards in subch. 5 for this residential district:	RT2	RT3	RT2	RT3	RT4	RT4

Part 47. Section 295-805-4-b-3 of the code is repealed.

(Note: The provision being repealed reads as follows:

295-805. Industrial Design Standards.

4. SITE STANDARDS.

b. Parking.

b-3. Location. Parking spaces shall not be located within 5 feet of a public street.)

Part 48. Section 295-805-4-b-4 of the code is renumbered 295-805-4-b-3.

Part 49. Table 295-805-4-d of the code is amended to read:

Table 295-805-4-d INDUSTRIAL DISTRICT RESIDENTIAL TRANSITION STANDARDS
		Zoning District
		IO1		IO2		IL1	IL2		IM		IH
Residential Buffer
Min. >>setback (<< Buffer width >>)<<			25 ft.	10 ft.		50 ft.	10 ft.		no buffer reqr.'d		15 ft.
Evergreen trees (min.) per x lineal ft. of alley, street frontage or shared property line			1 per 5 ft.						n.a.		1 per 5 ft.
Evergreen tree spacing			2 staggered rows with trees a maximum of 10 ft. on center in each row						n.a.		same as IO1-IL2
Min. tree height at planting			6 ft.						n.a.		6 ft.
Max. tree height at maturity			no limit						n.a.		no limit
Alternative Residential Buffer Standards (Note: Where an alternative residential buffer is permitted, the use or industrial process shall not produce dust, odor, vibration, noise or light exceeding the standards specified in ch. 80 or elsewhere in this code at the nearest residential property line.)
Min. buffer width			12.5 ft.		alternative standards not permitted	25 ft.	alternative standards not permitted	no buffer reqr.'d			10 ft.
New building construction or addition	[[~~none~~]] >>no alternative buffer standards permitted<<					see s. 295-405, type "A" landsc.		n.a.		[[~~none~~]] >>no alternative buffer standards permitted<<
Light motor vehicle parking			see s. 295-405, type "A" landsc.			see s. 295-405, type "A" landsc.		n.a.			see s. 295-405, type "A" landsc.
Dumpsters and trash collection equip.; loading docks			see s. 295-405, type "G" landsc.			see s. 295-405, type "G" landsc.		n.a.			see s. 295-405, type "G" landsc.
Outdoor storage, outdoor salvage, outdoor operational space			see s. 295-405, type "E" landsc.			see s. 295-405, type "E" landsc.		n.a.			see s. 295-405, type "F" landsc.

Part 50. Section 295-903-2-b-3-d of the code is amended to read:

295-903. Parks District (PK).

2. USES.

b. Limited Use Standards.

b-3. General Retail Establishment or Fast-Food/Carry-Out Restaurant.

b-3-d. The use shall not operate between the hours of 12 a.m. and 5 a.m. if it is located within 150 feet of a residential district. This provision shall not apply to >>convenience stores and<< fast-food/carry-out restaurants open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.

Part 51. Section 295-905-2-b-6-b of the code is amended to read:

295-905. Institutional District (TL).

2. USES.

b. Limited Use Standards.

b-6. Drive-Through Facility.

b-6-b. The drive-through shall not be operated between the hours of 10 p.m. and 7 a.m. This limitation shall not apply to an automatic teller machine or drive-through facility associated with a >>convenience store,<< personal service, sit-down restaurant or fast-food/carry-out restaurant which is open between the hours of 12 a.m. and 5 a.m. and regulated by s. 84-7.

Part 52. Section 295-905-2-b-7 of the code is repealed and recreated to read:

b-7. Restaurant, Fast-Food/Carry-Out. The use shall be located in a building containing at least one other principal use classified as a permanent use in this district.

Part 53. Section 295-907-0 of the code is amended to read:

295-907. Planned Development District ([[~~GPD~~]] >>PD<</DPD).

Part 54. Section 295-907-2-h of the code is amended to read:

2. PROCEDURES.

h. Zoning Map Designators. Each general planned development district shall be shown on the zoning map with a [[~~"GPD"~~]] >>"PD"<< designator and an appropriate number. Each detailed planned development district shall be shown on the zoning map with a "DPD" designator and an appropriate number.

Part 55. Table 295-1015-3-a of the code is amended to read:

Table 295-1015-3-a LAKEFRONT OVERLAY ZONE USE TABLE
Y = Permitted Use L = Limited Use S = Special Use	Overlay Zone
Uses	LF
EDUCATIONAL USES
Day care center	L
COMMUNITY-SERVING USES
Library	Y
Cultural institution	Y
Community center	L
COMMERCIAL AND OFFICE USES
>>General office	S<<
Government office	Y
Retail establishment, general	L
MOTOR VEHICLE USES
Parking lot, principal use	S
Parking lot, accessory use	Y
Parking structure, principal use	S
Parking structure, accessory use	S
ACCOMMODATION AND FOOD SERVICE USES
>>Bed and breakfast	S<<
Tavern	S
Assembly hall	L
Restaurant, sit-down	L
Restaurant, fast-food/carry-out	L
ENTERTAINMENT AND RECREATION USES
Park or playground	Y
Festival grounds	Y
Recreation facility, indoor	S
Recreation facility, outdoor	S
Theater	S
Marina	L
TRANSPORTATION USES
Passenger terminal	Y
Helicopter landing facility	S
Ship terminal or docking facility	S
UTILITY AND PUBLIC SERVICE USES
Transmission tower	L
Water treatment plant	Y
Substation/distribution equipment, indoor	S
Substation/distribution equipment, outdoor	L
TEMPORARY USES
Seasonal market	L
Live entertainment special event	L

LRB

APPROVED AS TO FORM

_________________________

Legislative Reference Bureau

Date:_____________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

________________________

Office of the City Attorney

Date:____________________

Requestor

Department of City Development

Drafter

LRB04046-2

JDO

3/3/04

Legislation Text

Legislation Details

Legislation Details (With Text)