File #:
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031422
Version:
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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Final action:
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4/13/2004
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Effective date:
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4/30/2004
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Title:
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A substitute ordinance revising various provisions of the zoning code.
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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 |
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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 |
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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 |
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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 |
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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 |
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Fence/wall opacity |
fence not required |
no opacity standard |
solid in lower 3 ft. |
no opacity standard |
100% |
100% |
100% |
100% |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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Y = Permitted Use L = Limited Use S = Special Use N = Prohibited Use |
Zoning Districts |
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Uses |
RS1-RS5 |
RS6 |
RT1-RT3 |
RT4 |
RM1-RM2 |
RM3-RM7 |
RO1 |
RO2 |
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RESIDENTIAL USES |
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Single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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Two-family dwelling |
L |
L |
Y |
Y |
Y |
Y |
Y |
Y |
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Multi-family dwelling |
N |
N |
L |
L |
Y |
Y |
Y |
Y |
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Attached single-family dwelling |
N |
N |
L |
L |
Y |
Y |
Y |
Y |
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Live-work unit |
N |
N |
N |
L |
L |
L |
Y |
Y |
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Mobile home |
N |
N |
N |
N |
N |
N |
N |
N |
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Watchman/service quarters |
N |
N |
N |
N |
N |
N |
N |
N |
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Family day care home |
L |
L |
L |
L |
L |
L |
L |
L |
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Group Residential |
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Rooming house |
N |
N |
N |
S |
S |
S |
S |
S |
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Convent, rectory or monastery |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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Dormitory |
N |
N |
N |
S |
S |
S |
S |
S |
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Fraternity or sorority |
N |
N |
N |
S |
S |
S |
S |
S |
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Adult family home |
L |
L |
L |
L |
L |
L |
L |
L |
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Foster Homes |
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Foster family home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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Small foster home |
L |
L |
L |
L |
L |
L |
L |
L |
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Group home or group foster home |
L |
L |
L |
L |
L |
L |
L |
L |
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Shelter Care Facilities |
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Family shelter care facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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Small group shelter care facility |
L |
L |
L |
L |
L |
L |
L |
L |
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Large group shelter care facility |
N |
N |
N |
S |
S |
S |
S |
S |
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Community living arrangement |
L |
L |
L |
L |
L |
L |
L |
L |
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Transitional living facility |
N |
N |
N |
S |
S |
S |
S |
S |
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EDUCATIONAL USES |
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Day care center |
L |
L |
L |
L |
L |
L |
L |
L |
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School, elementary or secondary |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
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College |
N |
N |
N |
S |
S |
SYY |
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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: 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 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. 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 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. 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 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 |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
COMMUNITY-SERVING USES |
|
Library |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Cultural institution |
N |
L |
N |
L |
L |
L |
L |
L |
|
Community center |
N |
S |
N |
S |
S |
S |
S |
S |
|
Religious assembly |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Cemetery or other place of interment |
N |
N |
N |
N |
N |
N |
N |
N |
|
Public safety facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Correctional facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
COMMERCIAL AND OFFICE USES |
|
General office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Government office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Bank or other financial institution |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Currency exchange, payday loan or title loan agency |
N |
N |
N |
N |
N |
N |
N |
N |
|
Retail establishment, general |
N |
L |
N |
L |
N |
L |
L |
L |
|
Garden supply or landscaping center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Home improvement center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Secondhand store |
N |
N |
N |
N |
N |
N |
S |
S |
|
Outdoor merchandise sales |
N |
N |
N |
N |
N |
N |
N |
N |
|
Artist studio |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Adult retail establishment |
N |
N |
N |
N |
N |
N |
N |
N |
|
HEALTH CARE AND SOCIAL ASSISTANCE USES |
|
Medical office |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Health clinic |
N |
N |
N |
N |
N |
S |
S |
S |
|
Hospital |
N |
N |
N |
N |
N |
N |
N |
N |
|
Medical research laboratory |
N |
N |
N |
N |
N |
N |
N |
N |
|
Medical service facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Social service facility |
N |
N |
N |
S |
N |
S |
S |
S |
|
Emergency residential shelter |
N |
N |
N |
N |
S |
S |
S |
S |
|
Nursing home |
N |
S |
N |
S |
S |
S |
S |
S |
|
GENERAL SERVICE USES |
|
Personal service |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Business service |
N |
S |
N |
S |
N |
S |
L |
L |
|
Building maintenance service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Catering service |
N |
L |
N |
L |
N |
L |
L |
L |
|
Funeral home |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Laundromat |
N |
N |
N |
N |
N |
N |
L |
L |
|
Dry cleaning establishment |
N |
L |
N |
L |
N |
L |
L |
L |
|
Furniture and appliance rental and leasing |
N |
N |
N |
N |
N |
N |
N |
N |
|
Household maintenance and repair service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Tool/equipment rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal Services |
|
|
|
|
|
|
|
|
|
Animal hospital/clinic |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal boarding facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Animal grooming or training facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
MOTOR VEHICLE USES |
|
Light Motor Vehicle |
|
|
|
|
|
|
|
|
|
Sales facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Repair facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Body shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor storage |
N |
N |
N |
N |
N |
N |
N |
N |
|
Limited wholesale facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Heavy Motor Vehicle |
|
|
|
|
|
|
|
|
|
Sales facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Rental facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Repair facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Body shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor storage |
N |
N |
N |
N |
N |
N |
N |
N |
|
General Motor Vehicle |
|
|
|
|
|
|
|
|
|
Filling station |
N |
N |
N |
N |
N |
N |
N |
N |
|
Car wash |
N |
N |
N |
N |
N |
N |
N |
N |
|
Drive-through facility |
N |
N |
N |
N |
N |
N |
[[N]] >>L<< |
[[N]] >>L<< |
|
Parking |
|
|
|
|
|
|
|
|
|
Parking lot, principal use |
N |
S |
N |
S |
S |
S |
S |
S |
|
Parking lot, accessory use |
Y |
L |
Y |
L |
Y |
L |
Y |
L |
|
Parking structure, principal use |
N |
N |
N |
N |
N |
S |
S |
S |
|
Parking structure, accessory use |
N |
N |
N |
N |
Y |
Y |
Y |
L |
|
Heavy motor vehicle parking lot, principal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Heavy motor vehicle parking lot, accessory |
N |
N |
N |
N |
N |
N |
N |
N |
|
ACCOMMODATION AND FOOD SERVICE USES |
|
Bed and breakfast |
S |
L |
L |
L |
L |
L |
Y |
Y |
|
Hotel, commercial |
N |
N |
N |
N |
N |
N |
N |
S |
|
Hotel, residential |
N |
N |
N |
N |
N |
N |
N |
Y |
|
Tavern |
N |
L |
N |
L |
N |
L |
N |
S |
|
Assembly hall |
N |
N |
N |
N |
N |
N |
N |
S |
|
Restaurant, sit-down |
N |
L |
N |
L |
N |
L |
Y |
Y |
|
Restaurant, fast-food/carry-out |
N |
L |
N |
L |
N |
L |
L |
L |
|
ENTERTAINMENT AND RECREATION USES |
|
Park or playground |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Festival grounds |
N |
N |
N |
N |
N |
N |
N |
N |
|
Recreation facility, indoor |
N |
N |
N |
N |
N |
N |
S |
S |
|
Recreation facility, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Health club |
N |
N |
N |
N |
N |
N |
Y |
Y |
|
Sports facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Gaming facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Theater |
N |
N |
N |
N |
N |
N |
L |
L |
|
Convention and exposition center |
N |
N |
N |
N |
N |
N |
N |
N |
|
Marina |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor racing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Adult entertainment establishment |
N |
N |
N |
N |
N |
N |
N |
N |
|
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
|
Recycling collection facility |
N |
N |
N |
N |
N |
N |
S |
S |
|
Mixed-waste processing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Material reclamation facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Salvage operation, indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Salvage operation, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Wholesale and distribution facility, indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Wholesale and distribution facility, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Storage Facilities |
|
|
|
|
|
|
|
|
|
Indoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
|
Hazardous materials |
N |
N |
N |
N |
N |
N |
N |
N |
|
TRANSPORTATION USES |
|
Ambulance service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Ground transportation service |
N |
N |
N |
N |
N |
N |
N |
N |
|
Passenger terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Helicopter landing facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Airport |
N |
N |
N |
N |
N |
N |
N |
N |
|
Ship terminal or docking facility |
N |
N |
N |
N |
N |
N |
N |
N |
|
Truck freight terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
Railroad switching, classification yard or freight terminal |
N |
N |
N |
N |
N |
N |
N |
N |
|
INDUSTRIAL USES |
|
Manufacturing, light |
N |
N |
N |
N |
N |
N |
N |
N |
|
Manufacturing, heavy |
N |
N |
N |
N |
N |
N |
N |
N |
|
Manufacturing, intense |
N |
N |
N |
N |
N |
N |
N |
N |
|
Research and development |
N |
N |
N |
N |
N |
N |
N |
N |
|
Processing or recycling of mined materials |
N |
N |
N |
N |
N |
N |
N |
N |
|
Contractor's shop |
N |
N |
N |
N |
N |
N |
N |
N |
|
Contractor's yard |
N |
N |
N |
N |
N |
N |
N |
N |
|
AGRICULTURAL USES |
|
Plant nursery or greenhouse |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
Raising of crops or livestock |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
UTILITY AND PUBLIC SERVICE USES |
|
Broadcasting or recording studio |
N |
N |
N |
N |
N |
N |
N |
N |
|
Transmission tower |
L |
L |
L |
L |
L |
L |
L |
L |
|
Water treatment plant |
S |
S |
S |
S |
S |
S |
S |
S |
|
Sewage treatment plant |
N |
N |
N |
N |
N |
N |
N |
N |
|
Power generation plant |
N |
N |
N |
N |
N |
N |
N |
N |
|
Substation/distribution equipment, indoor |
S |
S |
S |
S |
S |
S |
S |
S |
|
Substation/distribution equipment, outdoor |
L |
L |
L |
L |
L |
L |
L |
L |
|
TEMPORARY USES |
|
Seasonal market |
L |
L |
L |
L |
L |
L |
L |
L |
|
Temporary real estate sales office |
L |
L |
L |
L |
L |
L |
L |
L |
|
Concrete/batch plant, temporary |
L |
L |
L |
L |
L |
L |
L |
L |
|
Live entertainment special event |
L |
L |
L |
L |
L |
L |
L |
L |
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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.<< |
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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 |
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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.<< |
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|
|
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|
|
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 |
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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 |
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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 |
CS |
RESIDENTIAL USES |
Single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Two-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Multi-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Attached single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Live-work unit |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Mobile home |
N |
N |
N |
N |
N |
N |
N |
Watchman/service quarters |
N |
N |
N |
N |
N |
N |
N |
Family day care home |
[[Y]] >>L<< |
[[Y]] >>L<< |
[[Y]] >>L<< |
[[Y]] >>L<< |
[[Y]] >>L<< |
[[Y]] >>L<< |
[[Y]] >>L<< |
Group Residential |
|
|
|
|
|
|
|
Rooming house |
S |
S |
S |
S |
S |
S |
S |
Convent, rectory or monastery |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Dormitory |
S |
S |
S |
S |
S |
S |
S |
Fraternity or sorority |
S |
S |
S |
S |
S |
S |
S |
Adult family home |
L |
L |
L |
L |
L |
L |
L |
Foster Homes |
|
|
|
|
|
|
|
Foster family home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Small foster home |
L |
L |
L |
L |
L |
L |
L |
Group home or group foster home |
L |
L |
L |
L |
L |
L |
L |
Shelter Care Facilities |
|
|
|
|
|
|
|
Family shelter care facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Small group shelter care facility |
L |
L |
L |
L |
L |
L |
L |
Large group shelter care facility |
S |
S |
S |
S |
S |
S |
S |
Community living arrangement |
L |
L |
L |
L |
L |
L |
L |
Transitional living facility |
S |
S |
S |
S |
S |
S |
S |
EDUCATIONAL USES |
Day care center |
L |
L |
L |
L |
L |
L |
L |
School, elementary or secondary |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
College |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
School, specialty or personal instruction |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
COMMUNITY-SERVING USES |
Library |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Cultural institution |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Community center |
S |
S |
S |
S |
S |
S |
S |
Religious assembly |
S |
S |
S |
S |
Y |
Y |
Y |
Cemetery or other place of interment |
N |
N |
N |
N |
N |
N |
N |
Public safety facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Correctional facility |
N |
N |
N |
N |
N |
N |
N |
COMMERCIAL AND OFFICE USES |
General office |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Government office |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Bank or other financial institution |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Currency exchange, payday loan or title loan agency |
S |
S |
S |
S |
S |
S |
S |
Retail establishment, general |
L |
L |
L |
L |
L |
L |
L |
Garden supply or landscaping center |
N |
N |
Y |
Y |
Y |
Y |
Y |
Home improvement center |
N |
N |
S |
S |
Y |
Y |
Y |
Secondhand store |
S |
S |
S |
S |
S |
S |
S |
Outdoor merchandise sales |
S |
S |
S |
S |
S |
S |
S |
Artist studio |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Adult retail establishment |
N |
N |
N |
N |
S |
S |
N |
HEALTH CARE AND SOCIAL ASSISTANCE USES |
Medical office |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Health clinic |
S |
S |
S |
S |
S |
S |
S |
Hospital |
N |
N |
S |
S |
S |
S |
S |
Medical research laboratory |
N |
N |
S |
S |
S |
S |
Y |
Medical service facility |
N |
N |
S |
S |
S |
S |
S |
Social service facility |
S |
S |
S |
S |
S |
S |
S |
Emergency residential shelter |
S |
S |
S |
S |
S |
S |
S |
Nursing home |
S |
S |
Y |
Y |
Y |
Y |
Y |
GENERAL SERVICE USES |
Personal service |
[[L]] >>Y<< |
[[L]] >>Y<< |
[[L]] >>Y<< |
[[L]] >>Y<< |
[[L]] >>Y<< |
[[L]] >>Y<< |
[[L]] >>Y<< |
Business service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Building maintenance service |
N |
N |
S |
S |
Y |
Y |
Y |
Catering service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Funeral home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Laundromat |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Dry cleaning establishment |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Furniture and appliance rental and leasing |
S |
S |
Y |
Y |
Y |
Y |
Y |
Household maintenance and repair service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Tool/equipment rental facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Animal Services |
|
|
|
|
|
|
|
Animal hospital/clinic |
L |
L |
L |
L |
L |
L |
L |
Animal boarding facility |
L |
L |
L |
L |
L |
L |
L |
Animal grooming or training facility |
L |
L |
L |
L |
L |
L |
L |
MOTOR VEHICLE USES |
Light Motor Vehicle |
|
|
|
|
|
|
|
Sales facility |
N |
N |
S |
S |
Y |
Y |
S |
Rental facility |
L |
L |
L |
L |
Y |
Y |
Y |
Repair facility |
N |
N |
S |
S |
S |
S |
S |
Body shop |
N |
N |
S |
S |
S |
S |
S |
Outdoor storage |
N |
N |
S |
S |
S |
S |
S |
Limited wholesale facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Heavy Motor Vehicle |
|
|
|
|
|
|
|
Sales facility |
N |
N |
S |
S |
S |
S |
S |
Rental facility |
N |
N |
S |
S |
S |
S |
S |
Repair facility |
N |
N |
N |
N |
S |
S |
N |
Body shop |
N |
N |
N |
N |
S |
S |
N |
Outdoor storage |
N |
N |
N |
N |
S |
S |
N |
General Motor Vehicle |
|
|
|
|
|
|
|
Filling station |
N |
N |
S |
S |
S |
S |
S |
Car wash |
N |
N |
L |
L |
L |
L |
L |
Drive-through facility |
L |
L |
L |
L |
L |
L |
L |
Parking |
|
|
|
|
|
|
|
Parking lot, principal use |
L |
L |
Y |
L |
Y |
L |
L |
Parking lot, accessory use |
Y |
L |
Y |
L |
Y |
Y |
Y |
Parking structure, principal use |
S |
S |
L |
L |
L |
L |
L |
Parking structure, accessory use |
Y |
L |
Y |
L |
Y |
Y |
Y |
Heavy motor vehicle parking lot, principal use |
N |
N |
S |
S |
S |
S |
S |
Heavy motor vehicle parking lot, accessory use |
S |
S |
S |
S |
S |
S |
S |
ACCOMMODATION AND FOOD SERVICE USES |
Bed and breakfast |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Hotel, commercial |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Hotel, residential |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Tavern |
L |
L |
Y |
Y |
Y |
Y |
Y |
Assembly hall |
S |
S |
S |
S |
S |
S |
S |
Restaurant, sit-down |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Restaurant, fast-food/carry-out |
L |
L |
L |
L |
L |
L |
L |
ENTERTAINMENT AND RECREATION USES |
Park or playground |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Festival grounds |
N |
N |
N |
N |
N |
N |
N |
Recreation facility, indoor |
S |
S |
Y |
Y |
Y |
Y |
Y |
Recreation facility, outdoor |
S |
S |
S |
S |
S |
S |
S |
Health club |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Sports facility |
N |
N |
S |
S |
S |
S |
S |
Gaming facility |
N |
N |
N |
N |
N |
N |
N |
Theater |
L |
L |
Y |
Y |
Y |
Y |
Y |
Convention and exposition center |
N |
N |
S |
S |
S |
S |
S |
Marina |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Outdoor racing facility |
N |
N |
N |
N |
N |
N |
N |
Adult entertainment establishment |
N |
N |
N |
N |
S |
S |
N |
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
Recycling collection facility |
S |
S |
S |
S |
S |
S |
S |
Mixed-waste processing facility |
N |
N |
N |
N |
N |
N |
N |
Material reclamation facility |
N |
N |
N |
N |
N |
N |
N |
Salvage operation, indoor |
N |
N |
N |
N |
N |
N |
S |
Salvage operation, outdoor |
N |
N |
N |
N |
N |
N |
N |
Wholesale and distribution facility, indoor |
S |
S |
L |
L |
L |
L |
Y |
Wholesale and distribution facility, outdoor |
N |
N |
S |
S |
S |
S |
S |
Storage Facilities |
|
|
|
|
|
|
|
Indoor |
S |
S |
L |
L |
L |
L |
Y |
Outdoor |
N |
N |
S |
S |
S |
S |
S |
Hazardous materials |
N |
N |
N |
N |
N |
N |
N |
TRANSPORTATION USES |
Ambulance service |
N |
N |
S |
S |
Y |
Y |
S |
Ground transportation service |
N |
N |
S |
S |
S |
S |
L |
Passenger terminal |
N |
N |
Y |
Y |
Y |
Y |
Y |
Helicopter landing facility |
N |
N |
S |
S |
S |
S |
S |
Airport |
N |
N |
N |
N |
N |
N |
N |
Ship terminal or docking facility |
N |
N |
N |
N |
N |
N |
N |
Truck freight terminal |
N |
N |
N |
N |
N |
N |
N |
Railroad switching, classification yard or freight terminal |
N |
N |
N |
N |
N |
N |
N |
INDUSTRIAL USES |
Manufacturing, light |
N |
N |
L |
L |
L |
L |
L |
Manufacturing, heavy |
N |
N |
N |
N |
N |
N |
N |
Manufacturing, intense |
N |
N |
N |
N |
N |
N |
N |
Research and development |
N |
N |
S |
S |
S |
S |
S |
Processing or recycling of mined materials |
N |
N |
N |
N |
N |
N |
N |
Contractor's shop |
N |
N |
L |
L |
L |
L |
L |
Contractor's yard |
N |
N |
S |
S |
S |
S |
S |
AGRICULTURAL USES |
Plant nursery or greenhouse |
N |
N |
N |
N |
N |
N |
N |
Raising of crops or livestock |
N |
N |
N |
N |
N |
N |
N |
UTILITY AND PUBLIC SERVICE USES |
Broadcasting or recording studio |
N |
N |
Y |
Y |
Y |
Y |
Y |
Transmission tower |
L |
L |
L |
L |
L |
L |
L |
Water treatment plant |
S |
S |
Y |
Y |
Y |
Y |
Y |
Sewage treatment plant |
N |
N |
N |
N |
N |
N |
N |
Power generation plant |
N |
N |
N |
N |
N |
N |
N |
Substation/distribution equipment, indoor |
S |
S |
S |
S |
S |
S |
S |
Substation/distribution equipment, outdoor |
L |
L |
L |
L |
L |
L |
L |
TEMPORARY USES |
Seasonal market |
L |
L |
L |
L |
L |
L |
L |
Temporary real estate sales office |
L |
L |
L |
L |
L |
L |
L |
Concrete/batch plant, temporary |
L |
L |
L |
L |
L |
L |
L |
Live entertainment special event |
L |
L |
L |
L |
L |
L |
L |
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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
|