Number
110685
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. KOVAC
Title
A substitute ordinance relating to creation of the LB3 zoning district.
Sections
295-403-2-a (table) am
295-403-2-b-1 am
295-405-1-a (table) am
295-405-1-b-3 am
295-405-1-c (table) am
295-601-2 am
295-603-1 (table) rc
295-603-2-k-1 am
295-603-2-L rc
295-605-2 (table) rc
295-605-2-f-2 rc
295-605-2-f-4 cr
295-605-2-f-5 cr
295-605-2-g rc
295-605-2-i-3-b am
295-605-4-g-10 am
295-605-5 (table) rc
295-605-5-g-1 am
Analysis
This ordinance creates a new commercial zoning district, LB3, as well as the use regulations, design standards and other requirements for development in the new district. The LB3 district is more urban than the 2 existing local business zoning districts (LB1 and LB2) and is characterized by design standards appropriate for neighborhood commercial hubs, centers, corridors and transit-oriented development areas that have a denser level of development and may have taller buildings, all of which promote compact, walkable, sustainable neighborhoods.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Table 295-403-2-a of the code is amended to read:
Table 295-403-2-a NUMBER OF PARKING SPACES REQUIRED, BY USE |
Uses |
No. of Parking Spaces Required |
RESIDENTIAL USES |
Single-family dwelling |
min. of one space; max. of 4 spaces |
Two-family dwelling |
min. of one space per dwelling unit; max. of 4 spaces on the premises |
Multi-family dwelling: Zoning Districts Min. ratio of parking spaces to dwelling units* RM1, RM2, RM3, RM4, RO1, NS1, LB1, RB1 1:1 RT4, RM5, RM6, RM7, RO2, NS2, LB2, >>LB3,<< RB2, CS, C9A, IM 2:3 * Note: In RM6, RM7, C9A and IM districts, a private elderly housing project shall have one parking space for every 2 dwelling units; in other zoning districts, a private elderly housing project shall have 2 parking spaces for every 3 dwelling units. Public housing for low-income families and public or federally-assisted low-income elderly housing projects shall provide one parking space for every 2 dwelling units. |
Permanent supportive housing |
one for every 5 dwelling units |
Transitional housing |
one for every 5 dwelling units |
Attached single-family dwelling |
min. of one space; max. of 4 spaces |
Live-work unit |
one for each live/work unit in the building |
Mobile home |
N.A. |
Watchman/service quarters |
none |
Family day care home |
see requirement for dwelling unit type |
GROUP RESIDENTIAL USES |
Rooming house |
one for every 2 rooms |
Convent, rectory or monastery |
one per facility |
Dormitory |
one for every 15 beds or fraction thereof |
Fraternity or sorority |
one for every 2 rooms |
Adult family home |
one |
Foster Homes |
|
Foster family home |
one |
Small foster home |
one |
Group home or group foster home |
one |
Shelter Care Facilities |
|
Family shelter care facility |
one |
Small group shelter care facility |
one |
Large group shelter care facility |
one |
Community living arrangement |
one |
Transitional living facility |
one per dwelling unit |
EDUCATIONAL USES |
Day care center |
None (limited use) or as required by the board (special use) |
School, elementary or secondary |
none |
College |
none |
School, personal instruction |
none |
COMMUNITY-SERVING USES |
Library |
none |
Cultural institution |
none |
Community center |
as required by the board for special use approval |
Religious assembly |
one for every 6 seats in the assembly hall |
Cemetery or other place of interment |
none |
Public safety facility |
none |
Correctional facility |
none |
COMMERCIAL AND OFFICE USES |
General office |
one for each 250 sq. ft. of the first 2,000 sq. ft. of gross floor area; one for each 1,000 sq. ft. of gross floor area in excess of 2,000 sq. ft. |
Government office |
see general office |
Bank or other financial institution |
see general office |
Currency exchange, payday loan or title loan agency |
see general retail establishment |
Installment loan agency |
see general retail establishment |
Cash-for-gold business |
see general retail establishment |
Pawn shop |
see general retail establishment |
Retail establishment, general |
one for each 500 sq. ft. of gross floor area on the first floor; one for each 1,000 sq. ft. of gross floor area on the 2nd floor and above |
Garden supply or landscaping center |
see general retail establishment |
Home improvement center |
see general retail establishment |
Secondhand store |
see general retail establishment |
Outdoor merchandise sales |
one for each 500 sq. ft. of outdoor or indoor space devoted to the display of goods for sale |
Artist studio |
none |
Adult retail establishment |
see general retail establishment |
HEALTH CARE AND SOCIAL ASSISTANCE USES |
Medical office |
see general office |
Health clinic |
see general office |
Hospital |
one for every 4 beds |
Medical research laboratory |
see general office |
Medical service facility |
see general office |
Social service facility |
see general office |
Emergency residential shelter |
as required by the board for special use approval |
Nursing home |
one for every 4 beds |
GENERAL SERVICE USES |
Personal service establishment |
see general office |
Business service |
see general office |
Building maintenance service |
see general office |
Catering service |
see general office |
Funeral home |
one for each 100 square feet of floor area of a chapel, parlor or other room used for funeral services, but not less than 4 spaces |
Laundromat |
see general retail establishment |
Dry cleaning establishment |
see general retail establishment |
Furniture and appliance rental and leasing |
see general retail establishment |
Household maintenance and repair service |
see general retail establishment |
Tool/equipment rental facility |
see general retail establishment |
Animal Services |
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Animal hospital/clinic |
see general retail establishment |
Animal boarding facility |
see general retail establishment |
Animal grooming or training facility |
see general retail establishment |
MOTOR VEHICLE USES |
Light Motor Vehicle |
|
Sales facility |
none (permitted use) or as required by the board (special use) |
Rental facility |
none (permitted or limited use) or as required by the board (special use) |
Repair facility |
as required by the board for special use approval |
Body shop |
none (permitted use) or as required by the board (special use) |
Outdoor storage |
none (permitted use) or as required by the board (special use) |
Wholesale facility |
none |
Heavy Motor Vehicle |
|
Sales facility |
none (permitted use) or as required by the board (special use) |
Rental facility |
none (permitted use) or as required by the board (special use) |
Repair facility |
none (permitted use) or as required by the board (special use) |
Body shop |
none (permitted use) or as required by the board (special use) |
Outdoor storage |
none (permitted use) or as required by the board (special use) |
General Motor Vehicle |
|
Filling station |
as required by the board for special use approval |
Car wash |
none |
Drive-through facility |
none |
Parking |
|
Parking lot, principal use |
N.A. |
Parking lot, accessory use |
N.A. |
Parking structure, principal use |
N.A. |
Parking structure, accessory use |
N.A. |
Heavy motor vehicle parking lot, principal |
N.A. |
Heavy motor vehicle parking lot, accessory |
N.A. |
ACCOMODATION AND FOOD SERVICE USES |
Bed and breakfast |
one for each sleeping room, plus one additional space |
Hotel, commercial |
one for every 1,000 square feet, or fraction thereof, of gross floor area on the ground floor or above |
Hotel, residential |
one for every 2 sleeping rooms |
Tavern |
see general retail establishment |
Assembly hall |
one for every 1,000 square feet of gross floor area or fraction thereof |
Restaurant, sit-down |
see general retail establishment |
Restaurant, fast-food/carry-out |
see general retail establishment |
ENTERTAINMENT AND RECREATION USES |
Park or playground |
none |
Festival grounds |
none |
Recreation facility, indoor |
see general retail establishment |
Recreation facility, outdoor |
as required by the board for special use approval |
Health club |
see general retail establishment |
Sports facility |
as required by the board for special use approval |
Gaming facility |
N.A. |
Theater |
one for every 100 square feet of floor area in the theater auditorium |
Convention and exposition center |
as required by the board for special use approval |
Marina |
none |
Outdoor racing facility |
as required by the board for special use approval |
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
Recycling collection facility |
none |
Mixed-waste processing facility |
none |
Material reclamation facility |
none |
Salvage operation, indoor |
none |
Salvage operation, outdoor |
none |
Wholesale and distribution facility, indoor |
none |
Wholesale and distribution facility, outdoor |
none |
Storage Facilities |
|
Indoor |
none |
Outdoor |
none |
Hazardous materials |
none |
TRANSPORTATION USES |
Ambulance service |
see general office |
Ground transportation service |
see general office |
Passenger terminal |
none |
Helicopter landing facility |
none |
Airport |
none |
Ship terminal or docking facility |
none |
Truck freight terminal |
none |
Railroad switching, classification yard or freight terminal |
none |
INDUSTRIAL USES |
Manufacturing, light |
none |
Manufacturing, heavy |
none |
Manufacturing, intense |
none |
Research and development |
none |
Processing or recycling of mined materials |
none |
Contractor's shop |
see general office |
Contractor's yard |
none |
AGRICULTURAL USES |
Plant nursery or greenhouse |
none |
Raising of crops or livestock |
none |
UTILITY AND PUBLIC SERVICE USES |
Broadcasting or recording studio |
see general office |
Transmission tower |
see general office |
Water treatment plant |
see general office |
Sewerage treatment plant |
see general office |
Power generation plant |
see general office |
Substation/distribution equipment, indoor |
see general office |
Substation/distribution equipment, outdoor |
see general office |
TEMPORARY USES |
Seasonal market |
none |
Temporary real estate sales office |
none |
Temporary concrete/batch plant |
none |
Live entertainment special event |
none |
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Part 2. Section 295-403-2-b-1 of the code is amended to read:
295-403. Parking.
2. NUMBER OF SPACES.
b. Adjustment to Number Required.
b-1. One space for each off-site parking space which is owned or rented by the property or business owner for the purpose of providing parking to the use in question. Such off-site spaces shall be located within 700 feet of the use, as measured by using the shortest pedestrian route from the nearest corner of the parking facility to the main public entrance of the use served >>, except that for a use located in the LB3 district, such spaces shall be located within 1,200 feet of the use<< . For a non-residential use, the off-site spaces shall not be located on a site containing a wholly residential use. If the use provides a valet parking service, the off-site spaces may be located more than 700 feet >>or 1,200 feet<< from the use, >>as the case may be,<< provided the property or business owner submits to the department written documentation of permission to use an off-site parking lot or structure for valet parking. Off-site parking spaces shall also conform with the regulations of the zoning district in which they are located.
Part 3. Table 295-405-1-a of the code is amended to read:
Table 295-405-1-a PERIMETER LANDSCAPING AND EDGE TREATMENT REQUIREMENTS BY USE AND ZONING DISTRICT |
Key: required - this is the minimum landscaping/edge treatment requirement for this land use in the specified zoning district allowed - this landscaping/edge treatment type may be used as an alternative to the "required" type for this land use in the specified zoning district not permitted - this landscaping/edge treatment type cannot be used for this particular use in the specified zoning district use not permitted - this land use is not permitted in this zoning district; therefore, no required landscaping type is specified |
Type of Use: |
Light Motor Vehicle Parking; Vehicle Operating Area |
Motor Vehicle Sales Lot |
Heavy Motor Vehicle Parking; Storage Yards; Contractors' Yards; Outdoor Salvage Operations |
Mechanical Equipment, etc. |
Lt. Motor Veh. Parking Next to Res. Use |
|
Type A |
Type B |
Type C |
Type D |
Type E |
Type F |
Type I |
Type G |
Type H |
Zoning District: |
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NS2, LB2, RB2 |
not permitted |
required |
allowed |
required |
not permitted |
required |
allowed* |
required |
required |
>>LB3 |
not permitted |
required** |
allowed |
required |
not permitted |
required |
allowed* |
required |
required<< |
NS1, LB1, RB1, CS |
required |
allowed |
not permitted |
required |
required |
allowed |
allowed* |
required |
required |
C9A-C9H |
not permitted |
required |
allowed |
use not permitted |
not permitted |
required |
allowed* |
required |
required |
IM |
not permitted |
required |
allowed |
required |
not permitted |
required |
allowed* |
required |
required |
IO2, IL2 |
not permitted |
required |
allowed |
required |
required |
allowed |
allowed* |
required |
required |
IO1, IL1 |
required |
allowed |
allowed |
required |
required |
allowed |
allowed* |
required |
required |
IH |
required |
allowed |
allowed |
required |
not permitted |
required |
allowed* |
required |
required |
PK, TL |
required |
allowed |
allowed |
use not permitted |
use not permitted |
use not permitted |
use not permitted |
required |
required |
RM5-RM7, RO2 |
not permitted |
required |
allowed |
use not permitted |
use not permitted |
use not permitted |
use not permitted |
required |
required |
RT3-RT4, RM3-RM4 |
not permitted |
required |
allowed |
use not permitted |
use not permitted |
use not permitted |
use not permitted |
required |
required |
RS1-RS6, RT1-RT2, RM1-RM2, RO1 |
required |
allowed |
not permitted |
use not permitted |
use not permitted |
use not permitted |
use not permitted |
required |
required |
*Not permitted for outdoor storage (except heavy motor vehicle outdoor storage) or outdoor salvage operations. >>**Masonry piers required, per table 295-405-1-c.<< |
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Part 4. Section 295-405-1-b-3 of the code is amended to read:
295-405. Landscaping.
1. PERIMETER LANDSCAPING AND EDGE TREATMENTS.
b-3. Type "C" Landscaping (Modified Hard Urban Edge Landscaping). This type is primarily intended for application along street frontages of light motor vehicle parking lots. It reduces the width of the setback and drops the base-shrub requirement in exchange for upgraded edge elements such as low-level walls. In order to maintain the low-level edge, a wall of at least 3 feet in height is required. Higher fences or walls are allowed. Fences or walls shall clearly define the street edges of properties. The crown of trees in the high-level zone shall create a continuous street edge, while the eye-level zone shall be kept mostly open, consistent with the standards of par. c-5, to allow for surveillance between parking lots and streets. >>Low-level shrubs, plantings and grasses are allowed and encouraged.<<
Part 5. 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 |
Type I Landscaping |
Required Fence/Wall |
Fence or wall required? |
optional |
yes >>; if located in LB3, masonry piers required<< |
yes |
yes if located in LB2 >>or LB3<< |
yes |
yes |
optional |
Yes |
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 3.5 ft. when adjacent to a residential front yard |
6 ft. min.; 9 ft. max. |
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Fence/wall materials required |
fence not required |
masonry or decorative metal >>; if located in LB3, masonry piers required<< |
combination masonry/ decorative metal |
if LB2 >>or LB3<< , 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 |
masonry or decorative metal |
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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% |
no opacity standard |
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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 |
anywhere within landscaped area |
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Allowable fence/wall |
Masonry wall |
up to 6 ft. high |
up to 6 ft. high |
up to 6 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 |
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 |
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 |
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 |
not permitted |
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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 or mesh screening; up to 6 ft. high |
optional if fence has slats or mesh screening; up to 6 ft. high |
optional if fence has slats or mesh screening; up to 6 ft. high |
not permitted with or without slats or mesh screening |
not permitted |
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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 |
10 ft. |
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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 |
minimum 1 every 25 ft. |
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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 |
minimum 1 every 20 ft. 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]] >>low-level shrubs, plantings and grasses are allowed and encouraged, but not required due to wall requirement<< |
if light motor vehicle display : one row with plants a max. of 3 ft. on center; if heavy motor vehicle display, 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 |
one row with a max. of 4 ft. on center; if a masonry wall is provided, shrubs are optional |
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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 display, 1.5 ft. in diameter; if heavy motor vehicle display, 2 ft. in diameter |
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 display, 1.5 ft.; if heavy motor vehicle display, 3 ft. |
6 ft. |
6 ft. |
6 ft. |
2 ft. |
6 ft. |
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Shrub height, max. (at maturity) |
3.5 ft. |
3.5 ft. |
3.5 ft. |
if light motor vehicle display, 3.5. ft.; if heavy motor vehicle display, 4.5 ft. |
no limit |
no limit |
no limit |
no limit |
no limit |
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Part 6. Section 295-601-2 of the code is amended to read:
295-601. Purposes.
2. LOCAL BUSINESS DISTRICTS [[(LB1-LB2)]] >>(LB1-LB3)<< . These districts provide a wide range of goods and services to a large consumer population coming from an extensive area. Within these districts, motor-vehicle-related activities are of major significance. Good access by motor vehicle or public transit is important to local business districts, which are often located adjacent to intersections of major thoroughfares and in close proximity to bus transfer locations. The LB1 districts is characterized by a more suburban development pattern, with larger lots and deeper setbacks, while the development pattern in the LB2 district tends to be more urban, with smaller lots and smaller setbacks. >>The LB3 district is the most urban and is characterized by design standards appropriate for neighborhood commercial hubs, centers, corridors and transit-oriented development areas that have a denser level of development and may have taller buildings, all of which promote compact, walkable, sustainable neighborhoods.<<
Part 7. Table 295-603-1 of the code is repealed and recreated 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 |
LB3 |
RB1 |
RB2 |
CS |
RESIDENTIAL USES |
Single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Two-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Multi-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Permanent supportive housing |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Transitional housing |
S |
S |
S |
S |
S |
S |
S |
S |
Attached single-family dwelling |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Live-work unit |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Mobile home |
N |
N |
N |
N |
N |
N |
N |
N |
Watchman/service quarters |
N |
N |
N |
N |
N |
N |
N |
N |
Family day care home |
L |
L |
L |
L |
L |
L |
L |
L |
GROUP RESIDENTIAL USES |
Rooming house |
S |
S |
S |
S |
S |
S |
S |
S |
Convent, rectory or monastery |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Dormitory |
S |
S |
S |
S |
S |
S |
S |
S |
Fraternity or sorority |
S |
S |
S |
S |
S |
S |
S |
S |
Adult Family home |
L |
L |
L |
L |
L |
L |
L |
L |
Foster Homes |
Foster family home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Small foster home |
L |
L |
L |
L |
L |
L |
L |
L |
Group home or group foster home |
L |
L |
L |
L |
L |
L |
L |
L |
Shelter Care Facilities |
Family shelter care facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Small group shelter care facility |
L |
L |
L |
L |
L |
L |
L |
L |
Large group shelter care facility |
S |
S |
S |
S |
S |
S |
S |
S |
Community living arrangement |
L |
L |
L |
L |
L |
L |
L |
L |
EDUCATIONAL USES |
Day care center |
S |
S |
S |
S |
S |
S |
S |
S |
School, elementary or secondary |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
College |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
School, personal instruction |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
COMMUNITY-SERVING USES |
Library |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Cultural institution |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Community center |
S |
S |
S |
S |
S |
S |
S |
S |
Religious assembly |
S |
S |
S |
S |
S |
Y |
Y |
YS |
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 |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Government office |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Bank or other financial institution |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Currency exchange, payday loan or title loan agency |
S |
S |
S |
S |
S |
S |
S |
S |
Installment loan agency |
S |
S |
S |
S |
S |
S |
S |
S |
Cash-for-gold business |
S |
S |
S |
S |
S |
S |
S |
S |
Pawn shop |
S |
S |
S |
S |
S |
S |
S |
S |
Retail establishment, general |
L |
L |
L |
L |
L |
L |
L |
L |
Garden supply or landscaping center |
N |
N |
Y |
Y |
Y |
Y |
Y |
N |
Home improvement center |
N |
N |
S |
S |
S |
Y |
Y |
Y |
Secondhand store |
S |
S |
S |
S |
S |
S |
S |
S |
Outdoor merchandise sales |
S |
S |
S |
S |
S |
S |
S |
S |
Artist studio |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Adult retail establishment |
N |
N |
N |
N |
N |
S |
S |
N |
HEALTH CARE AND SOCIAL ASSISTANCE USES |
Medical office |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Health clinic |
S |
S |
S |
S |
S |
S |
S |
S |
Hospital |
N |
N |
S |
S |
S |
S |
S |
N |
Medical research laboratory |
N |
N |
S |
S |
S |
S |
Y |
N |
Medical service facility |
N |
N |
S |
S |
S |
S |
S |
N |
Social service facility |
S |
S |
S |
S |
S |
S |
S |
S |
Emergency residential shelter |
S |
S |
S |
S |
S |
S |
S |
S |
Nursing home |
S |
S |
Y |
Y |
Y |
Y |
Y |
S |
GENERAL SERVICE USES |
Personal service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Business service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Building maintenance service |
N |
N |
S |
S |
S |
Y |
Y |
Y |
Catering service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Funeral home |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Laundromat |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Dry cleaning establishment |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Furniture and appliance rental and leasing |
S |
S |
Y |
Y |
Y |
Y |
Y |
S |
Household maintenance and repair service |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Tool/equipment rental facility |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Animal Services |
Animal hospital/clinic |
L |
L |
L |
L |
L |
L |
L |
L |
Animal boarding facility |
L |
L |
L |
L |
L |
L |
L |
L |
Animal grooming or training facility |
L |
L |
L |
L |
L |
L |
L |
L |
MOTOR VEHICLE USES |
Light Motor Vehicle |
Sales facility |
N |
N |
S |
S |
S |
Y |
Y |
S |
Rental facility |
L |
L |
L |
L |
L |
Y |
Y |
Y |
Repair facility |
N |
N |
S |
S |
S |
S |
S |
N |
Body shop |
N |
N |
S |
S |
S |
S |
S |
N |
Outdoor storage |
N |
N |
S |
S |
S |
S |
S |
N |
Wholesale facility |
L |
L |
L |
L |
L |
L |
L |
L |
Heavy Motor Vehicle |
Sales facility |
N |
N |
S |
S |
S |
S |
S |
N |
Rental facility |
N |
N |
S |
S |
S |
S |
S |
N |
Repair facility |
N |
N |
N |
N |
N |
S |
S |
N |
Body shop |
N |
N |
N |
N |
N |
S |
S |
N |
Outdoor storage |
N |
N |
N |
N |
N |
S |
S |
N |
General Motor Vehicle |
Filling station |
N |
N |
S |
S |
S |
S |
S |
N |
Car wash |
N |
N |
L |
L |
L |
L |
L |
N |
Drive-through facility |
L |
L |
L |
L |
L |
L |
L |
L |
Parking |
Parking lot, principal use |
L |
L |
Y |
L |
S |
Y |
L |
L |
Parking lot, accessory use |
Y |
L |
Y |
L |
L |
Y |
Y |
Y |
Parking structure, principal use |
S |
S |
L |
L |
L |
L |
L |
S |
Parking structure, accessory use |
Y |
L |
Y |
L |
L |
Y |
Y |
Y |
Heavy motor vehicle parking lot, principal use |
N |
N |
S |
S |
S |
S |
S |
N |
Heavy motor vehicle parking lot, accessory use |
S |
S |
S |
S |
S |
S |
S |
S |
ACCOMMODATION AND FOOD SERVICE USES |
Bed and breakfast |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Hotel, commercial |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Hotel, residential |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Tavern |
L |
L |
Y |
Y |
Y |
Y |
Y |
L |
Assembly hall |
S |
S |
S |
S |
S |
S |
S |
S |
Restaurant, sit-down |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Restaurant, fast-food/carry-out |
L |
L |
L |
L |
L |
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 |
S |
S |
S |
S |
S |
S |
S |
S |
Recreation facility, outdoor |
S |
S |
S |
S |
S |
S |
S |
S |
Health club |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Sports facility |
N |
N |
S |
S |
S |
S |
S |
N |
Gaming facility |
N |
N |
N |
N |
N |
N |
N |
N |
Theater |
L |
L |
Y |
Y |
Y |
Y |
Y |
L |
Convention and exposition center |
N |
N |
S |
S |
S |
S |
S |
N |
Marina |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
Outdoor racing facility |
N |
N |
N |
N |
N |
N |
N |
N |
STORAGE, RECYCLING AND WHOLESALE TRADE USES |
Recycling collection facility |
S |
S |
S |
S |
S |
S |
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 |
S |
N |
Salvage operation, outdoor |
N |
N |
N |
N |
N |
N |
N |
N |
Wholesale and distribution facility, indoor |
S |
S |
L |
L |
L |
L |
Y |
S |
Wholesale and distribution facility, outdoor |
N |
N |
S |
S |
S |
S |
S |
N |
Storage Facilities |
Indoor |
S |
S |
L |
L |
L |
L |
Y |
S |
Outdoor |
N |
N |
S |
S |
S |
S |
S |
N |
Hazardous materials |
N |
N |
N |
N |
N |
N |
N |
N |
TRANSPORTATION USES |
Ambulance service |
N |
N |
S |
S |
S |
Y |
Y |
SN |
Ground transportation service |
N |
N |
S |
S |
S |
S |
L |
N |
Passenger terminal |
N |
N |
Y |
Y |
Y |
Y |
Y |
N |
Helicopter landing facility |
N |
N |
S |
S |
S |
S |
S |
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 |
L |
L |
L |
L |
L |
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 |
S |
S |
S |
S |
S |
N |
Processing or recycling of mined materials |
N |
N |
N |
N |
N |
N |
N |
N |
Contractor's shop |
N |
N |
L |
L |
L |
L |
L |
N |
Contractor's yard |
N |
N |
S |
S |
S |
S |
S |
N |
AGRICULTURAL USES |
Plant nursery or greenhouse |
S |
S |
S |
S |
S |
S |
S |
S |
Raising of crops or livestock |
S |
S |
S |
S |
S |
S |
S |
S |
UTILITY AND PUBLIC SERVICE USES |
Broadcasting or recording studio |
N |
N |
Y |
Y |
Y |
Y |
Y |
N |
Transmission tower |
L |
L |
L |
L |
L |
L |
L |
L |
Water treatment plant |
S |
S |
Y |
Y |
Y |
Y |
Y |
S |
Sewage treatment plant |
N |
N |
N |
N |
N |
N |
N |
N |
Power generation plant |
N |
N |
N |
N |
N |
N |
N |
N |
Small wind energy system |
S |
S |
S |
S |
S |
S |
S |
S |
Substation/distribution equipment, indoor |
L |
L |
L |
L |
L |
L |
L |
L |
Substation/distribution equipment, outdoor |
N |
N |
Y |
Y |
Y |
Y |
Y |
N |
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 |
|
|
|
|
|
|
|
|
|
Part 8. Section 295-603-2-k-1 of the code is amended to read:
295-603. Uses.
2. LIMITED USE STANDARDS.
k. Parking Lot, Principal Use.
k-1. The width of the paved parking area shall not exceed 60 feet as measured from side lot line to side lot line >>, except in the LB3 district this dimension shall not exceed 45 feet<< .
Part 9. Section 295-603-2-L of the code is repealed and recreated to read:
L. Parking Lot, Accessory Use. L-1. The parking lot shall not be located between the street façade of a principal building and a street lot line. This standard shall not apply to any use listed in the "motor vehicle uses" section of table 295-603-1.
L-2. In the LB3 district, the width of the paved parking area adjacent to the primary street frontage shall not exceed 45 feet as measured from the principal building to the side lot line.
Part 10. Table 295-605-2 of the code is repealed and recreated to read:
Table 295-605-2 PRINCIPAL BUILDING DESIGN STANDARDS |
Design Standards for Non-residential and Multi-family Principal Buildings |
|
NS1 |
NS2 |
LB1 |
LB2 |
LB3 |
RB1 |
RB2 |
CS |
Primary Street |
Front setback, minimum (ft.) (see s. 295-505-2-b) |
average |
none |
average |
none |
none |
average |
none |
none |
Front setback, maximum (ft.) (see s. 295-505-2-b) |
50 |
average |
70 |
average |
average |
none |
70 |
average |
Secondary Street |
Side street setback, min. (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Side street setback, max. (ft.) |
15 |
5 |
25 |
5 |
5 |
none |
70 |
5 |
Rear street setback, minimum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Rear street setback, maximum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Side setback, minimum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Side setback, maximum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Rear setback, minimum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Rear setback, maximum (ft.) |
none |
none |
none |
none |
none |
none |
none |
none |
Lot area per dwelling unit, minimum (sq. ft.) |
2,400 |
1,200 |
1,200 |
800 |
300 |
1,200 |
800 |
1,200 |
Lot area per dwelling unit, permanent supportive housing, minimum (sq. ft.) |
1,200; 2,400 for a unit with 2 or more bedrooms |
600; 1,200 for a unit with 2 or more bedrooms |
600; 1,200 for a unit with 2 or more bedrooms |
400; 800 for a unit with 2 or more bedrooms |
150; 300 for a unit with 2 or more bedrooms |
600; 1,200 for a unit with 2 or more bedrooms |
400; 800 for a unit with 2 or more bedrooms |
600; 1,200 for a unit with 2 or more bedrooms |
Lot area per transitional housing client, minimum (sq. ft.) |
1,200 |
600 |
600 |
400 |
150 |
600 |
400 |
600 |
Height, minimum (ft.) |
none |
18 |
none |
18 |
30 |
none |
24 |
none |
Height, maximum (ft.) |
45 |
60 |
45 |
60 |
75 |
85 |
85 |
60 |
Minimum glazed area, primary street frontage |
40% |
60% |
30% |
60% |
60% |
20% |
30% |
10% |
Minimum glazed area, secondary street frontage |
10% |
15% |
10% |
15% |
15% |
10% |
15% |
5% |
Minimum build-out, primary street frontage |
none |
30% |
none |
30% |
75% |
none |
30% |
none |
Minimum build-out, secondary street frontage |
none |
none |
none |
none |
50% |
none |
None |
none |
Multiple principal residential buildings permitted? |
yes |
yes |
yes |
yes |
yes |
yes |
Yes |
yes |
Design Standards for Single-family and Two-family Dwellings |
|
NS1 |
NS2 |
LB1 |
LB2 |
LB3 |
RB1 |
RB2 |
CS |
Refer to design standards in subch. 5 for this residential district |
RM1 |
RM4 |
RM2 |
RM5 |
RM5 |
RM2 |
RM5 |
RM4 |
|
|
|
|
|
|
|
|
|
Part 11. Section 295-605-2-f-2 of the code is repealed and recreated to read:
295-605. Design Standards.
2. PRINCIPAL BUILDING STANDARDS.
f. Building Height.
f-2. Exceptions to Minimum Height Requirement. f-2-a. Motor Vehicle-Related Uses. Motor vehicle-related uses shall not be subject to a minimum building height requirement.
f-2-b. Additions to Nonconforming Buildings. An addition to an existing building that does not meet the minimum height requirement may be constructed to the same height as the existing building.
f-2-c. Additions to Conforming Buildings. In the LB3 district, an addition not meeting the minimum height requirement may be constructed along a street frontage provided it does not exceed 18 feet in width and meets the minimum height requirement of the LB2 districts. In all districts, an addition to the rear or other non-street wall area of a building shall not be required to meet a minimum height requirement.
f-2-d. Narrow Lots in LB3 District. For a lot located in the LB3 district and measuring 24 feet or less in width along the primary street frontage, the minimum height requirement of the LB2 district shall apply.
Part 12. Section 295-605-2-f-4 and 5 of the code is created to read:
f-4. Minimum Height by Street Frontage. In a district having a minimum building height requirement, at least 70% of the building façade along the primary street frontage shall meet this requirement. On secondary and tertiary street frontages, at least 25% of the building façade shall meet the minimum height requirement.
f-5. Measuring Height. The following standards shall be used to determine compliance with the minimum height requirements specified in table 295-605-2:
f-5-a. Height shall be measured from the average grade level at the front façade to the top of the parapet wall or fascia, except as provided in subpar. c. With a gabled roof or similar wall conditions, the measurement shall be taken at the midpoint of the gable or similar shape.
f-5-b. Height shall be measured for the portion of the façade that is at the front wall line or not more than 10 feet stepped back. The height of a portion of the building that is not at the front wall line, such as a massing of the building that is set back, shall not count towards compliance with the minimum height requirement.
f-5-c. If a gable or irregular roof shape faces the primary street, the measurement shall be taken at the midpoint of the gable or other roof shape. If a gable or irregular roof shape faces the secondary street or a side lot line, the measurement shall be taken at a point 10 feet back from the front façade.
f-5-d. A penthouse for mechanical equipment may not be included when determining compliance with the minimum height requirement unless the penthouse is an integral part of the front façade. Other structures exempt from height limitations, as listed in subd. 1, may not be included when determining compliance with the minimum height requirement.
Part 13. Section 295-605-2-g of the code is repealed and recreated to read:
g. Build-Out Requirement. In a district having a minimum height requirement, the front façade of a building shall be built-out to at least the minimum percentage of the street frontage specified in table 295-605-2.
Part 14. Section 295-605-2-i-3-b of the code is amended to read:
i. Design Features.
i-3. Glazing.
i-3-b. Area of Required Glazing. [[The]] >>For all commercial districts except the LB3 district, the<< percentage of lineal footage of the first floor indicated in table 295-605-2 shall have windows at least 4 feet in height with sills not more than 3 feet 6 inches above the interior floor level. >>For the LB3 district, the requirements shall be at least 6 feet in height and not more than 2 feet 6 inches above the interior floor level.<<
Part 15. Section 295-605-4-g-10 of the code is amended to read:
4. SITE STANDARDS.
g. Fences.
g-10. Prohibited Fence Materials. Barbed-wire, concertina-wire and razor-wire fences are prohibited. >>In the LB3 district, chain-link fences are also prohibited.<<
Part 16. Table 295-605-5 of the code is repealed and recreated to read:
Table 295-605-5 COMMERCIAL DISTRICT SIGN STANDARDS |
|
Zoning District |
|
NS1 |
NS2 |
LB1 |
LB2 |
LB3 |
RB1 |
RB2 |
CS |
Freestanding Signs |
permitted |
permitted |
permitted |
permitted |
type "A" permitted only |
permitted |
permitted |
permitted |
Maximum number |
1 per site |
1 per site |
1 per street frontage* |
1 per site* |
1 per site* |
1 per street frontage* |
1 per street frontage* |
1 per site* |
Type "A" max. display area (sq. ft.) |
64 |
40 |
150 |
100 |
64 |
150 |
150 |
100 |
Type "B" max. display area (sq. ft.) |
32 |
20 |
50 |
32 |
NA |
75 |
50 |
32 |
Maximum height |
10 |
6 |
14 |
14 |
8 |
20 |
20 |
14 |
Wall Signs |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
Maximum number |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
Type "A" max. display area (sq. ft.) |
50 |
40 |
75 |
50 |
100 |
75 |
75 |
50 |
Type "B" max. display area (sq. ft.) |
25 |
25 |
32 |
25 |
25 |
32 |
32 |
25 |
Projecting Signs |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
Maximum number |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
Type "A" max. display area (sq. ft.) |
50 |
50 |
60 |
50 |
100 |
100 |
60 |
50 |
Type "B" max. display area (sq. ft.) |
25 |
25 |
30 |
25 |
25 |
50 |
30 |
25 |
Awning Signs |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
type "A" permitted only |
Maximum number |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
Type "A" max. display area (sq. ft.) |
20 |
10 |
20 |
20 |
20 |
20 |
10 |
20 |
Canopy and Hood Signs |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
permitted |
Maximum number |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
1 per 25 lineal feet |
Type "A" max. display area (sq. ft.) |
50 |
50 |
60 |
50 |
100 |
100 |
60 |
50 |
Type "B" max. display area (sq. ft.) |
25 |
25 |
30 |
25 |
25 |
50 |
30 |
25 |
Roof Signs |
not permitted |
not permitted |
permitted |
type "A" permitted only |
type "A" permitted only |
permitted |
permitted |
type "A" permitted only |
Maximum number |
NA |
NA |
1 per building |
1 per building |
1 per building |
1 per building |
1 per building |
1 per building |
Type "A" max. display area (sq. ft.) |
NA |
NA |
150 |
150 |
150 |
150 |
150 |
100 |
Type "B" max. display area (sq. ft.) |
NA |
NA |
32 |
NA |
NA |
32 |
32 |
NA |
Off-Premise Signs |
not permitted |
not permitted |
permitted** |
permitted** |
permitted** |
permitted** |
permitted** |
permitted** |
Maximum number |
NA |
NA |
1 per site |
1 per site |
1 per site |
1 per site |
1 per site |
1 per site |
Maximum display area per sign (sq. ft.) |
NA |
NA |
300 |
300 |
300 |
300 |
300 |
300 |
Minimum distance between signs |
NA |
NA |
500 ft. between any 2 ground or roof signs; 200 ft. between a ground or roof sign and a wall sign; 200 ft. between any 2 wall signs |
Maximum height, freestanding sign (ft.) |
NA |
NA |
35 |
35 |
35 |
35 |
35 |
35 |
Maximum height, wall sign (ft.) |
NA |
NA |
40 |
40 |
40 |
40 |
40 |
40 |
Maximum height, roof sign |
NA |
NA |
25 ft. above roof |
* Except 2 shall be permitted if the site fronts on 3 streets or has continuous street frontage of at least 240 feet. ** Subject to special use permit requirement set forth in s. 295-407-7-d. |
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Part 17. Section 295-606-5-g-1 of the code is amended to read:
5. SIGNS.
g. Temporary Signs.
g-1. A sign pertaining to the construction of a building or the sale or lease of vacant land shall not exceed:
Zoning District Max. Sign Area
NS1 and NS2 36 sq. ft.
LB1, LB2 and CS 48 sq. ft.
RB1 [[and RB2]] >>, RB2 and LB3<< 72 sq. ft.
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
LRB133933-3
Jeffrey D. Osterman
03/12/2012