The location and boundaries of the zoning districts are established
as shown on the map entitled "Official Zoning Map, City of Edgerton,
Wisconsin," dated as amended, which accompanies and is made part of
this chapter. All notations and references shown on the Zoning Map
are as much a part of this chapter as though specifically described
herein.
The following rules shall apply with respect to the boundaries
of the zoning districts as shown on the Zoning Maps.
A.
Where zoning district boundary lines are indicated as following a
street, alley or extension thereof, such boundary lines shall be construed
to be the center line of said street, alley or extension thereof unless
clearly shown to the contrary.
B.
Where a boundary line coincides approximately but not exactly with
a lot line which existed on the effective date of incorporation of
such boundary line into the Zoning Map, the boundary line shall be
construed to be the lot line at that location.
C.
For unsubdivided property, the location of the district boundary
lines shown on the district map shall be determined by the use of
the scale shown on such map.
D.
Where any uncertainty exists as to the exact location of zoning district
boundary lines, the Zoning Board of Appeals, upon written application,
shall determine the location of such boundary lines.
A.
Purpose and intent.
(1)
This district is intended to permit development that has a moderate
density, community character. Density and intensity standards for
this district are designed to ensure that the R-1 District shall serve
as a designation which preserves and protects the residential community
character of its area. Residential development with a maximum gross
density (MGD) of four dwelling units per gross acre is available within
this district.
(2)
Rationale. This district is used to provide for the permanent protection
of a moderate density residential area for those who want to live
in a suburban residential environment and who retain enough land with
their residence, or in their development, to ensure that the community
character is maintained as long as the R-1 District designation is
retained, regardless of how much development occurs within that area.
B.
List of allowable principal land uses.
(1)
Principal land uses permitted by right:
(a)
Single-family detached (site-built): 10,000 square feet lot [per § 450-33A(2)(a)].
(b)
Manufactured home: 10,000 square feet lot [per § 450-33A(2)(i)].
(c)
Manufactured dwelling (modular): 10,000 square feet lot [per § 450-33A(2)(j)].
(d)
Selective cutting [per § 450-33B(2)].
(e)
Passive outdoor public recreation [per § 450-33C(1)].
(f)
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)].
(2)
Principal land uses permitted by right with additional special requirements.
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Public services and utilities [per § 450-33C(5)].
(d)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3)
Principal land uses permitted as conditional use.
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Indoor institutional [per § 450-33C(3)].
(c)
Outdoor institutional [per § 450-33C(4)].
(d)
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(e)
Bed-and-breakfast establishments [per § 450-33D(10)].
(4)
List of allowable accessory uses.
(a)
Accessory land uses permitted by right.
[1]
Farm residence [per § 450-33E(3)].
[2]
Detached garage, carport or shed [per § 450-33E(4)].
[3]
Family day care home [per § 450-33E(20)].
[4]
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)].
(b)
Accessory land uses permitted by right with additional special
requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Private residential recreational facility [per § 450-33E(5)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
Home occupation [per § 450-33E(14)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
(c)
Accessory land uses permitted as conditional use: intermediate day care home [per § 450-33E(21)].
(5)
List of allowable temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
On-site real estate sales office [per § 450-33F(4)].
(d)
Outdoor assembly [per § 450-33F(7)].
(e)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(2)
Residential bulk requirements:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum street frontage: 40 feet.
(h)
Minimum paved surface setback: five feet from side or rear,
10 feet from street.
(i)
Minimum dwelling unit separation: 12 feet.
(k)
Minimum number of off-street parking spaces required on the
lot (includes garage, drives, and all designated parking surfaces):
two.
(l)
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m)
Minimum eave width: 18 inches.
D.
Regulations applicable to nonresidential uses.
A.
Description and purpose:
(1)
This district is intended to permit development that has a moderate
density community character. The land use standards for this district
permit single-family detached residential development by right and
twin house/duplexes, two flat, mobile home parks, and mobile home
subdivisions by conditional use. Density and intensity standards for
this district are designed to ensure that the R-2 District shall serve
as a designation which preserves and protects the moderate density
residential community character of its area. Various residential development
options are available in this district, with a maximum gross density
(MGD) of eight dwelling units per gross acre.
(2)
Rationale. This district is used to provide for the permanent protection
of an area for those who want to live in a moderate density residential
environment and who retain enough land with their residence, or in
their development, to ensure that the desired community character
is maintained as long as the R-2 District designation is retained,
regardless of how much development occurs within that area. As such,
this district is intended to provide the principal location for a
wide-range of single-family attached dwelling types, including single-family,
duplexes, twin houses, and two flats.
B.
List of allowable principal land uses.
(1)
Principal land uses permitted by right:
(a)
Single-family detached (site-built): 8,000 square feet lot [per § 450-33A(2)(a)].
(b)
Manufactured home: 8,000 square feet lot [per § 450-33A(2)(i)].
(c)
Manufactured dwelling (modular): 8,000 square feet lot [per § 450-33A(2)(j)].
(d)
Selective cutting [per § 450-33B(2)].
(e)
Passive outdoor public recreation [per § 450-33C(1)].
(2)
Principal land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Public services and utilities [per § 450-33C(5)].
(d)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3)
Principal land uses permitted as conditional use:
(a)
Duplex/twin house: 5,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(b)
Two-flat: 10,000 square feet lot [per § 450-33A(1)(d)].
(c)
Clear-cutting [per § 450-33B(3)].
(d)
Indoor institutional [per § 450-33C(3)].
(e)
Outdoor institutional [per § 450-33C(4)].
(f)
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(g)
Bed-and-breakfast establishments [per § 450-33D(10)].
(4)
List of allowable accessory uses:
(a)
Accessory land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Detached garage, carport or shed [per § 450-33E(4)].
[3]
Family day care home [per § 450-33E(20)].
[4]
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)]
(b)
Accessory land uses permitted by right with additional special
requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Private residential recreational facility [per § 450-33E(5)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
Home occupation [per § 450-33E(14)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
(c)
Accessory land uses permitted as conditional use: intermediate day care home [per § 450-33E(21)].
(5)
List of allowable temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
On-site real estate sales office [per § 450-33F(4)].
(d)
Outdoor assembly [per § 450-33F(7)].
(e)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(1)
Residential density requirements:
(2)
Residential bulk requirements:
(b)
Minimum lot width:
[1]
Single-family and two-family: 70 feet.
[2]
Twin house: 35 feet.
[3]
Lots platted before November 20, 1995, for single-family only:
66 feet.
[4]
Lots platted before November 20, 1995, which contained two unit
residential structures at that time are legal conforming uses as long
as the two-unit use continues.
(h)
Minimum paved surface setback: three feet from side except the
paved surface must have a five foot setback at all street property
lines; five feet from rear, 10 feet from street.
(i)
Minimum dwelling unit separation: 12 feet or zero along common
wall.
(k)
Minimum number of off-street parking spaces required on the
lot (includes garage, drives, and all designated parking surfaces):
two.
(l)
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m)
Minimum eave width: 18 inches.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
A.
Description and purpose.
(1)
This district is intended to permit development that has a higher
density community character. The land use standards for this district
permit single-family detached, twin house/duplex, two flats, townhouses,
and multiplexes permitted by right and related institutional land
uses. Density and intensity standards for this district are designed
to ensure that the R-3 District shall serve as a designation which
preserves and protects the community character of its area. A variety
of residential development options are available in this district,
with a maximum gross density (MGD) of 14 dwelling units per gross
acre.
(2)
Rationale. This district is used to provide for the permanent protection
of an area for those who want to live in a higher density residential
environment and who retain enough land with their residence, or in
their development, to ensure that the urban community character is
maintained as long as the R-3 District designation is retained, regardless
of how much development occurs within that area. As such, it is intended
to provide the principal location for mixed residential development.
B.
List of allowable principal land uses.
(1)
Principal land uses permitted by right:
(a)
Single-family detached (site-built): 6,000 square feet lot [per § 450-33A(2)(a)].
(b)
Duplex/twin house: 4,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(c)
Two-flat: 8,000 square feet lot [per § 450-33A(1)(d)].
(d)
Mobile home: 6,000 square feet lot/air pad within a mobile home subdivision or park [per § 450-33A(2)(h)].
(e)
Manufactured home: 6,000 square feet lot/air pad [per § 450-33A(2)(i)].
(f)
Manufactured dwelling (modular): 6,000 square feet lot [per § 450-33A(2)(j)].
(g)
Selective cutting [per § 450-33B(2)].
(h)
Passive outdoor public recreation [per § 450-33C(1)].
(2)
Principal land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Public services and utilities [per § 450-33C(5)].
(d)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(e)
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(3)
Principal land uses permitted as conditional use:
(a)
Townhouse (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(e)].
(b)
Multiplex (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(f)].
(c)
Apartment (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(g)].
(d)
Mobile home subdivision or park [per § 450-33A(3) or (4)].
(e)
Clear-cutting [per § 450-33B(3)].
(f)
Indoor institutional [per § 450-33C(3)].
(g)
Outdoor institutional [per § 450-33C(4)].
(h)
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(i)
Bed-and-breakfast establishments [per § 450-33D(10)].
(j)
Day-care center (nine or more children) [per § 450-33D(11)].
(4)
List of allowable accessory uses:
(a)
Accessory land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Detached garage, carport or shed [per § 450-33E(4)].
[3]
Family day care home [per § 450-33E(20)].
[4]
Power-generated devices incidental to on-site principal use. [per § 450-33E(23)].
(b)
Accessory land uses permitted by right with additional special
requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Private residential recreational facility [per § 450-33E(5)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
Home occupation [per § 450-33E(14)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
(c)
Accessory land uses permitted as conditional use:
[1]
Intermediate day care home [per § 450-33E(21)].
(5)
List of allowable temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
On-site real estate sales office [per § 450-33F(4)].
(d)
Outdoor assembly [per § 450-33F(7)].
(e)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(2)
Residential bulk requirements.
(h)
Minimum paved surface setback: five feet from side or rear,
10 feet from street.
(i)
Minimum dwelling unit separation: 20 feet or zero along common
wall.
(k)
Minimum number of off-street parking spaces required on the
lot (includes garage, drives, and all designated parking surfaces):
two per dwelling unit.
(l)
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m)
Minimum eave width: 18 inches.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
A.
Description and purpose.
(1)
This district is intended to permit development that has a higher
density community character. The land use standards for this district
permit single-family detached, twin house/duplex, two flats, townhouses,
multiplexes, and apartments permitted by right and related institutional
land uses. Density and intensity standards for this district are designed
to ensure that the R-4 District shall serve as a designation which
preserves and protects the community character of its area. A variety
of residential development options are available in this district,
with a maximum gross density (MGD) of 20 dwelling units per gross
acre.
(2)
Rationale. This district is used to provide for the permanent protection
of an area for those who want to live in a higher density residential
environment and who retain enough land with their residence, or in
their development, to ensure that the urban community character is
maintained as long as the R-4 District designation is retained, regardless
of how much development occurs within that area. As such, it is intended
to provide the principal location for mixed residential development.
B.
List of allowable principal land uses.
(1)
Principal land uses permitted by right:
(a)
Single-family detached (site-built): 6,000 square feet lot [per § 450-33A(2)(a)].
(b)
Duplex/twin house: 5,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(c)
Two flat: 10,000 square feet lot [per § 450-33A(1)(d)].
(d)
Townhouse (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(e)].
(e)
Multiplex (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(f)].
(f)
Apartment (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(g)].
(g)
Manufactured home: 6,000 square feet lot [per § 450-33A(2)(i)].
(h)
Manufactured dwelling (modular): 6,000 square feet lot [per § 450-33A(2)(j)].
(i)
Selective cutting [per § 450-33B(2)].
(j)
Passive outdoor public recreation [per § 450-33C(1)].
(2)
Principal land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Public services and utilities [per § 450-33C(5)].
(d)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(e)
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(3)
Principal land uses permitted as conditional use:
(a)
Townhouse (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(e)].
(b)
Multiplex (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(f)].
(c)
Apartment (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(g)].
(d)
Institutional residential [per § 450-33C(6)].
(e)
Clear-cutting [per § 450-33B(3)].
(f)
Indoor institutional [per § 450-33C(3)].
(g)
Outdoor institutional [per § 450-33C(4)].
(h)
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(i)
Bed-and-breakfast establishments [per § 450-33D(10)].
(j)
Day-care center (nine or more children) [per § 450-33D(11)].
(k)
Boardinghouse [per § 450-33D(14)].
(4)
List of allowable accessory uses:
(a)
Accessory land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Detached garage, carport or shed [per § 450-33E(4)].
[3]
Family day care home [per § 450-33E(20)].
[4]
Power-generated devices incidental to on-site principal use. [per § 450-33E(23)].
(b)
Accessory land uses permitted by right with additional special
requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Private residential recreational facility [per § 450-33E(5)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
Home occupation [per § 450-33E(14)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
(c)
Accessory land uses permitted as conditional use:
[1]
Intermediate day care home [per § 450-33E(21)].
(5)
List of allowable temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
On-site real estate sales office [per § 450-33F(4)].
(d)
Outdoor assembly [per § 450-33F(7)].
(e)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(2)
Residential bulk requirements:
(a)
Minimum lot area:
[1]
Eight thousand square feet for single-family dwellings.
[2]
Ten thousand square feet for two-family dwellings.
[3]
Eleven thousand square feet plus 1,000 square feet for each
additional unit over three for three- to eight-family dwellings.
[4]
Eighteen thousand square feet plus 2,000 square feet for each
additional unit over nine for nine- to seventeen-family dwellings.
(h)
Minimum paved surface setback: five feet from side or rear,
10 feet from street.
(i)
Minimum dwelling unit separation: 20 feet or zero along common
wall.
(k)
Minimum number of off-street parking spaces required on the
lot (includes garage, drives, and all designated parking surfaces):
two per unit.
(l)
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m)
Minimum eave width: 18 inches.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: 14,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum street frontage: 50 feet.
(h)
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
(i)
Minimum building separation: 20 feet or zero along common wall.
(j)
Maximum building height: 35 feet.
A.
Description and purpose:
(1)
This district is intended to permit small-scale neighborhood commercial
development which is compatible with the desired overall neighborhood
community character of the area in general and with adjacent residential
development in particular. The desired neighborhood community character
of the development is attained through landscape surface area ratio
(LSR) requirements, and by restricting the maximum building size (MBS)
of all buildings within each instance of this district to 5,000 square
feet. Significant areas of landscaping are required in this district
to ensure that this effect is achieved. In order to ensure a minimum
of disruption to residential development, no development within this
district shall take direct access to a local residential street. If
a parcel is zoned B-1 as of the date of adoption of this chapter and
the parcel or improvements do not comply with one or more of the Local
Business District requirements listed below, the parcel or improvements
is not nonconforming. If, however, any changes are made to the property
after the adoption of the ordinance, the changes themselves must comply
with the district requirements. If the property is redeveloped and
the reconstruction or development is equal to or greater than 50%
of the value of the equalized value of the property, all of the property
improvements must comply with the Local Business District requirements.
(2)
Rationale. This district is used to provide both convenience-oriented
goods and services and for the permanent protection of adjacent residential
areas by permitting only a limited range of commercial activities.
Together, these requirements ensure that the desired character is
maintained as long as the B-1 District designation is retained, regardless
of how much development occurs within that area.
(3)
Local business district requirements.
(a)
Maximum zoning district: two acres of contiguous B-1 properties
excluding rights-of-way.
(b)
Maximum building size: 5,000 square feet. Buildings existing
as of the adoption of this chapter which do not comply with this regulation
cannot be enlarged to increase the square footage.
(c)
No new parking in required setbacks for principal buildings.
(d)
Residential architectural and landscaping requirements include: foundation planting, pitched roof, 25% window covering (see Article VI, Signage Regulations), natural materials (brick, wood, stone).
(e)
Minimum landscape surface ratio: 25%. Improved parcels existing
as of the adoption of this chapter which do not comply with this regulation
cannot be changed if the change will further reduce the landscape
surface ratio.
(f)
Operating hours. No earlier than 6:00 a.m. nor later than 11:00
p.m.
(g)
Shall provide a neighborhood-oriented amenity, per Plan Commission
direction (i.e., outdoor neighborhood gathering area, public art,
etc.).
B.
List of allowable land uses:
(1)
Land uses permitted by right.
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(e)
Indoor sales or service [per § 450-33D(3)].
(f)
Indoor maintenance service [per § 450-33D(5)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Artisan studio/production shop [per § 450-33D(20)].
(3)
Land uses permitted as conditional use:
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Outdoor institutional [per § 450-33C(4)].
(c)
In-vehicle sales or service [per § 450-33D(6)].
(d)
Indoor commercial entertainment [per § 450-33D(7)].
(e)
Bed-and-breakfast establishments [per § 450-33D(10)].
(f)
Day-care center (nine or more children) [per § 450-33D(11)].
(g)
Group development [per § 450-33D(17)].
(h)
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(i)
Indoor vehicle storage [per § 450-33H(5)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
On-site composting/wood piles [per § 450-33E(15)].
[3]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[4]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
On-site composting/wood piles [per § 450-33E(15)].
[7]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c)
Land uses permitted as conditional use:
[1]
Commercial apartment [per § 450-33E(1)].
[2]
In-vehicle sales and service [per § 450-33E(9)].
[3]
Light industrial incidental to indoor sales [per § 450-33E(10)].
[4]
Home occupation [per § 450-33E(14)].
[5]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[6]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
General temporary outdoor sales [per § 450-33F(5)].
(f)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g)
Outdoor assembly [per § 450-33F(7)].
(h)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses: N/A.
D.
Regulations applicable to nonresidential uses:
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 40 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
(e)
Principal and accessory building to nonresidential rear lot
line: 12 feet.
(f)
Principal and accessory building to residential rear lot line:
30 feet.
(g)
Principal and accessory building to nonresidential side lot
line: 10 feet.
(h)
Principal and accessory building to residential side lot line:
10 feet.
(i)
Paved surface setback: five feet from side or rear; 10 feet
from street.
(j)
Maximum building height: 35 feet.
(k)
Maximum accessory building height: 18 feet (up to 20 feet with
a conditional use permit to accommodate roof pitches).
(3)
Nonresidential landscaping requirements:
A.
Description and purpose:
(1)
This district is intended to permit both large- and small-scale,
pedestrian-oriented downtown commercial development at an intensity
which provides significant incentives for infill development, redevelopment,
and the continued economic viability of existing development. A wide
range of office, retail, service, and lodging land uses are permitted
within this district. Institutional residential and multifamily residential
development is also permitted in this district. In order to ensure
a minimum amount of disruption to neighboring residential development,
no development within this district shall take direct access to a
local residential street or a residential collector street. No requirements
for on-site landscaping or parking are required in this district,
except that land uses permitted as conditional uses shall require
a parking waiver from the Plan Commission following a request from
the applicant. This district is strictly limited to the central City
locations. If a parcel is zoned B-2 as of the date of adoption of
this chapter and the parcel or improvements do not comply with one
or more of the Central Business District requirements listed below,
the parcel or improvement is not nonconforming. If however, any changes
are made to the property after the adoption of the ordinance, the
changes themselves must comply with the district requirements. If
the property is redeveloped and the reconstruction or development
is equal to or greater than 50% of the value of the equalized value
of the property, all of the property improvements must comply with
the Central Business District requirements.
(2)
Rationale. This district is intended to provide an alternative designation
(primarily infill development) for commercial activity to the Local
Business (B-1), the Large-Scale Commercial (B-3), and Suburban Commercial
(B-4) Districts. This district is designed to assist in maintaining
the long-term viability of the central City.
(3)
Central Business District architectural requirements:
(a)
General. Nonresidential and residential construction, including
new structures, building additions, building alterations, and restoration
or rehabilitation shall correspond to the downtown design guidelines
as determined by the Plan Commission and as evidenced by certain existing
structures within the downtown and by the following requirements for
building setback; height; building mass; horizontal rhythms (created
by the placement and design of facade openings and related elements
such as piers, columns); vertical rhythms (created by the placement
and design of facade details such as sills, transoms, cornices and
sign bands); roof forms; exterior materials; exterior surface features
and appurtenances; exterior colors; exterior signage; on-site landscaping;
exterior lighting; parking and loading area design; and the use of
screening. Existing and new structures with less than a ten-foot front
yard setback must have a storefront or office (nonresidential) component
on the first floor in the front of the building. All new residential
construction on Fulton Street shall be required to have a storefront
component. The first floor of all new construction which does not
have a storefront shall provide pedestrian amenities such as sitting
areas or shall have other features to make the building interesting
for pedestrian traffic.
[Amended 2-15-2021 by Ord. No. 21-02]
(b)
Building setback. Throughout the district, the setback of buildings
from street yard and side yard property lines shall be compatible
with existing buildings in the immediate area which conform to the
general design theme of the downtown.
(c)
Building height. Throughout the district, the height of buildings
shall be compatible with existing buildings in the immediate area
which conform to the general design theme of the downtown. In no instance
shall buildings be more than one story taller or shorter than the
height of a building of similar use on one of the immediately adjoining
properties, or on the nearest developed parcel along the same street
frontage, whichever applies.
(d)
Building mass. Throughout the district, the mass of buildings
shall be compatible with existing buildings in the immediate area
which conform to the general design theme of the downtown. The characteristic
proportion (relationship between facade height and width) of the general
design theme shall be maintained. Building mass for large structures
shall be disguised through the use of facade articulations, or through
the use of exterior treatments which give the impression of directly
adjoining individual buildings.
(e)
Horizontal rhythms. Throughout the district, the horizontal
pattern of exterior building elements formed by patterns of building
openings for windows and doors, and related elements such as piers
and columns shall be spaced at regular intervals across all visible
facades of the building, and shall be compatible with those of existing
buildings in the immediate area which conform to the general design
theme of the downtown.
(f)
Vertical rhythms. Throughout the district, the floor heights
on main facades shall appear visually in proportion to those of adjoining
buildings. The rhythm of the ground floor shall harmonize with the
rhythm of upper floors. The vertical pattern of exterior building
elements formed by patterns of building openings for windows and doors,
and related elements such as sills, headers, transoms, cornices and
sign bands shall be compatible in design and elevation with those
of existing buildings in the immediate area which conform to the general
design theme of the downtown.
(g)
Roof forms. Throughout the district, flat or gently sloping
roofs which are not visible from the street shall be used. Mansards
or other exotic roof shapes not characteristic of the general design
theme of the downtown, as determined by the Plan Commission shall
not be used. Throughout the district, roof shapes not characteristic
of the general design theme of the downtown, shall not be used.
(h)
Signage. Throughout the district, signage should be designed
to be consistent with architectural design, theme, and character of
the building to which it is affixed and/or the adjacent buildings
within the district. Special consideration should be given to the
design of projecting and awning signage. Recommendations for signage
should be sought from the Historic Preservation Commission, when available.
B.
List of allowable land uses:
(1)
Land uses permitted by right.
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(e)
Indoor sales or service [per § 450-33D(3)].
(f)
Indoor maintenance service [per § 450-33D(5)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Off-site parking lot [per § 450-33H(1)].
(f)
Artisan studio/production shop [per § 450-33D(20)].
(g)
Indoor commercial entertainment [per § 450-33D(7)].
(3)
Land uses permitted as conditional use:
(a)
Institutional residential development [per § 450-33A(1) and C(6)].*
(b)
Conventional residential development - only uses described in § 450-33A(2)(e), (f) and (g) [per § 450-33A(2)].*
[Amended 7-17-2023 by Ord. No. 23-10]
(c)
Clear-cutting [per § 450-33B(3)].
(d)
Outdoor institutional [per § 450-33C(4)].
(e)
Commercial indoor lodging [per § 450-33D(9)].*
(f)
Bed-and-breakfast establishments [per § 450-33D(10)].
(g)
Day-care center (nine or more children) [per § 450-33D(11)].
(h)
Outdoor commercial entertainment [per § 450-33D(13)].**
(i)
Boardinghouse [per § 450-33D(14)].
(j)
Group development [per § 450-33D(17)].
(k)
Indoor vehicle storage [per § 450-33H(5)].
(l)
Vehicular repair and maintenance [per § 450-33D(16)].***
|
*
|
See § 450-88A above regarding general architectural requirements for residential or lodging uses in the B-2 District.
|
|
**
|
Only outdoor eating areas or beer gardens are allowed as outdoor
commercial entertainment uses in the B-2 District.
|
|
***
|
Only auto upholstery and electronic installation are allowed
as vehicular repair and maintenance uses in the B-2 District.
|
(4)
Land uses permitted as accessory uses.
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Light industrial incidental to indoor sales and service [per § 450-33E(10)](.
[4]
Drainage structure [per § 450-33E(11)].
[5]
Filling [per § 450-33E(12)].
[6]
Exterior communication devices [per § 450-33E(13)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
[8]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c)
Land uses permitted as conditional use:
[1]
Commercial apartment [per § 450-33E(1)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Light industrial incidental to indoor sales [per § 450-33E(10)].
[4]
Home occupation [per § 450-33E(14)].
[5]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[6]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
General temporary outdoor sales [per § 450-33F(5)].
(f)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g)
Outdoor assembly [per § 450-33F(7)].
(h)
Polystructure [per § 450-33G(7)].
C.
D.
Regulations applicable to nonresidential uses:
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: 2,000 square feet.
(b)
Minimum lot width: 20 feet.
(c)
Minimum street frontage: 20 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory to front or street side lot line: zero
feet.*
[2]
Principal and accessory to nonresidential rear lot line: 10
feet.
[3]
Principal and accessory to residential rear lot line: 20 feet.
[4]
Principal and accessory to nonresidential side lot line: zero
feet.*
[5]
Principal and accessory to residential side lot line: zero feet.*
[6]
Minimum paved surface setback: zero feet.*
[7]
Minimum building separation: zero feet.*
[8]
Maximum building height: 50 feet, minimum building height: 20
feet.
[9]
Minimum number of off-street parking spaces required on the
lot: no parking lot requirements are required in this zoning district,
except that land uses permitted as conditional uses and indoor commercial
entertainment land uses shall require a parking waiver from the Plan
Commission.
|
*
|
Maximum permitted setback of zero feet, except where permitted
by the Plan Commission, as an essential component of site design to
maintain the character of the historic central City.
|
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose:
(1)
This district is intended to permit both large- and small-scale pedestrian-
and auto-oriented commercial development at intensities which provide
significant incentives for infill development and the continued economic
viability of existing development. To accomplish this effect, minimum
required landscape surface ratios (LSRs) are substantially lower than
those required in the Suburban Commercial (B-4) District. A wide range
of office, retail, and lodging land uses are permitted within this
district. These permitted uses include small tenant group developments
and in-vehicle sales and service uses. In order to ensure a minimum
of disruption to residential development, no development within this
district shall take direct access to a local residential street or
a residential collector street.
(2)
Rationale. The Large-Scale Commercial District is designed to ensure
the long-term economic health of strip commercial development areas
existing as of the effective date of this chapter and is designed
to provide significant incentives for infill development in this area
by limiting large-scale regional business uses which can afford the
relatively higher development costs and rents associated with development
in Suburban Commercial (B-4) District.
B.
List of allowable land uses:
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(e)
Indoor sales or service [per § 450-33D(3)].
(f)
Indoor maintenance service [per § 450-33D(5)].
(g)
Indoor vehicle storage [per § 450-33H(5)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Off-site parking lot [per § 450-33H(1)].
(f)
Artisan studio/production shop [per § 450-33D(20)].
(g)
Indoor commercial entertainment [per § 450-33D(7)].
(3)
Land uses permitted as conditional use:
(a)
Institutional residential development [per § 450-33A(1) and C(6)].
(b)
Clear-cutting [per § 450-33B(3)].
(c)
Outdoor institutional [per § 450-33C(4)].
(d)
Outdoor display (per § 450-33D(4)).
(e)
In-vehicle sales or service [per § 450-33D(6)].
(f)
Commercial animal boarding (per § 450-33D(8)).
(g)
Commercial indoor lodging [per § 450-33D(9)].
(h)
Bed-and-breakfast establishments [per § 450-33D(10)].
(i)
Day-care center (nine or more children) [per § 450-33D(11)].
(j)
Outdoor commercial entertainment [per § 450-33D(13)].
(k)
Boardinghouse [per § 450-33D(14)].
(l)
Vehicle repair and maintenance [per § 450-33D(16)].
(m)
Group development [per § 450-33D(17)].
(n)
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(o)
Indoor storage or wholesaling [per § 450-33G(1)].
(p)
Personal storage facility [per § 450-33G(3)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria (per § 450-33E(6).
[3]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[4]
On-site composting/wood piles [per § 450-33E(15)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)]).
[3]
Light industrial incidental to indoor sales and service [per § 450-33E(10)].
[4]
Drainage structure [per § 450-33E(11)].
[5]
Filling [per § 450-33E(12)].
[6]
Exterior communication devices [per § 450-33E(13)].
[7]
On-site composting/wood piles [per § 450-33E(15)]..
[8]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c)
Land uses permitted as conditional use:
[1]
Commercial apartment [per § 450-33E(1)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Outdoor display incidental to indoor sales [per § 450-33E(8)].
[4]
In-vehicle sales and service [per § 450-33E(9)].
[5]
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6]
Home occupation [per § 450-33E(14)].
[7]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
General temporary outdoor sales [per § 450-33F(5)].
(f)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g)
Outdoor assembly [per § 450-33F(7)].
(h)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses:
(2)
Residential bulk requirements:
(a)
Minimum lot area: 12,000 square feet.
(b)
Minimum lot width: 70 feet.
(c)
Minimum setbacks:
(d)
Principal building to front or street side lot line: 25 feet,
add 10 more feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
(e)
Principal building to rear lot line: 25 feet.
(f)
Principal building to side lot line: 10 feet.
(g)
Accessory building to rear lot line: five feet.
(h)
Accessory building to side lot line: three feet.
(i)
Minimum dwelling unit separation: 20 feet or zero feet on zero
lot line side.
(j)
Maximum height of building: 35 feet (up to 50 feet with a conditional
use permit).
(k)
Maximum height of accessory building: 18 feet (up to 20 feet
with a conditional use permit to accommodate roof pitches).
(l)
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
(3)
Residential landscaping requirements (see nonresidential landscaping
requirements).
D.
Regulations applicable to nonresidential uses:
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: 12,000 square feet.
(b)
Minimum lot width: 70 feet.
(c)
Minimum street frontage: 70 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 35 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
30 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 20 feet or zero feet on zero lot line side.
[5]
Principal and accessory building to residential side lot line:
50 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum principal and accessory building height: 40 feet.
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose.
(1)
This district is intended to permit large- and small-scale commercial
development which is compatible with the desired overall suburban
community character of the area in general. This is accomplished with
relatively low maximum floor area ratios (FARs). Significant areas
of landscaping are required in this district to ensure that this effect
is achieved. A wide range of office, retail, and lodging land uses
are permitted within this district. In order to ensure a minimum of
disruption to residential development, no development within this
district shall take direct access to a local residential street or
a residential collector street.
(2)
Rationale. This district is intended to provide the principal zoning
district for commercial development which occurs after the adoption
of this chapter. The standards of this district are designed to provide
a clear distinction from the Large-Scale Commercial (B-3) and Central
Business (B-2) Districts in terms of permitted intensity of development,
treatment of outdoor sales, and required green space areas. The desired
suburban community character of the development is attained through
the floor area ratio (FAR) and landscape surface area ratio (LSR)
requirements. Together, these requirements ensure that the desired
suburban community character is maintained as long as the Suburban
Commercial (B-4) District designation is retained, regardless of how
much development occurs within that area.
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(e)
Indoor sales or service [per § 450-33D(3)].
(f)
Indoor maintenance service [per § 450-33D(5)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Artisan studio/production shop [per § 450-33D(20)].
(3)
Land uses permitted as conditional use:
(a)
Institutional residential [per § 450-33A(1) and C(6)].
(b)
Clear-cutting [per § 450-33B(3)].
(c)
Outdoor institutional [per § 450-33C(4)].
(d)
Outdoor display [per § 450-33D(4)].
(e)
In-vehicle sales or service [per § 450-33D(6)].
(f)
Indoor commercial entertainment [per § 450-33D(7)].
(g)
Commercial animal boarding [per § 450-33D(8)].
(h)
Commercial indoor lodging [per § 450-33D(9)].
(i)
Bed-and-breakfast establishments [per § 450-33D(10)].
(j)
Group day-care center (4+ children) [per § 450-33D(11)].
(k)
Group development [per § 450-33D(17)].
(l)
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(m)
Company-provided on-site recreation [per § 450-33E(7)].
(n)
Indoor vehicle storage [per § 450-33H(5)].
(4)
Land uses permitted as accessory uses (per § 450-33E).
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Private garage or shed [per § 450-33E(4)].
[3]
Private residential recreational facility [per § 450-33E(5)].
[4]
On-site composting/wood piles [per § 450-33E(15)].
[5]
Company cafeteria [per § 450-33E(6)].
[6]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
Home occupation for single-family residences [per § 450-33E(14)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
[8]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c)
Land uses permitted as conditional use:
[1]
Commercial apartment [per § 450-33E(1)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Outdoor display incidental [per § 450-33E(8)].
[4]
In-vehicle sales and service [per § 450-33E(9)].
[5]
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6]
Home occupation for two-family and multifamily residences [per § 450-33E(14)].
[7]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses (per § 450-33F).
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
General temporary outdoor sales [per § 450-33F(5)].
(f)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g)
Outdoor assembly [per § 450-33F(7)].
(h)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(2)
Residential bulk requirements:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 100 feet.
(c)
Minimum setbacks:
[1]
Front or street side lot line to residence 30 feet, add 10 more
feet for a lot adjacent to a street with an officially mapped right-of-way
equal to or exceeding 100 feet.
[2]
Front or street side lot line to attached garage: 30 feet, add
10 more feet for a lot adjacent to a street with an officially mapped
right-of-way equal to or exceeding 100 feet.
[3]
Side lot line to house or attached garage: 12 feet.
[4]
Total of both sides, lot lines to house/attached garage: 24
feet.
[5]
Rear lot line to house or attached garage: 25 feet.
[6]
Side lot line to accessory building: five feet.
[7]
Rear lot line to accessory building: five feet.
[8]
Minimum paved surface setback: five feet from side or rear;
10 feet from street (except access drives).
[9]
Minimum dwelling unit separation: 24 feet.
[10]
Maximum height of dwelling unit: 35 feet (can
exceed 35 feet with conditional use).
[11]
Maximum height of accessory building: 15 feet
(can exceed 15 feet, up to 20 feet with a conditional use permit to
accommodate roof pitches).
[12]
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): varies, see § 450-37 for detailed parking requirements.
[13]
Minimum dwelling core dimensions of principal
structure: 24 feet by 40 feet.
[14]
Minimum roof pitch of principal structure: 3:12.
[15]
Minimum eave width of principal structure: 18
inches.
(3)
Residential landscaping requirements (see nonresidential landscaping
requirements for Institutional Residential).
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: one acre.*
(b)
Minimum lot width: 100 feet.
(c)
Minimum setbacks:
[1]
Building to front or street side lot line: 30 feet.
[2]
Building to residential side lot line: 30 feet.
[3]
Building to residential rear lot line: 30 feet.
[4]
Building to nonresidential side lot line: 10 feet or zero feet
on zero lot line side.
[5]
Building to nonresidential rear lot line: 25 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum building height: 50 feet (can exceed 50 feet with conditional
use permit).
(3)
Nonresidential landscaping requirements (nonresidential and multifamily):
A.
Description and purpose.
(1)
This district is intended to permit both large- and small-scale industrial,
office, and service development at an intensity that is consistent
with the overall desired character of the community. Personal and
professional service uses in this district should not be pedestrian-oriented,
but rather, should be associated with the office and industrial development
in the district. Beyond a relatively high minimum landscape surface
ratio (LSR), the primary distinguishing feature of this district is
that it is geared to indoor industrial activities which are not typically
associated with high levels of noise, soot, odors and other potential
nuisances for adjoining properties. In order to ensure a minimum of
disruption to residential development, no development within this
district shall take direct access to a local residential street or
a residential collector street.
(2)
Rationale. This district is intended to provide a location for light
industrial land uses such as assembly operations, storage and warehousing
facilities, offices, research and development facilities, and light
manufacturing which are protected from potential nuisances associated
with certain development permitted within the General or Heavy Industrial
Districts. In addition, land uses shall comply with the minimum performance
standards, and the parking and loading requirements presented in this
chapter.
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Indoor maintenance service [per § 450-33D(5)].
(e)
Indoor storage or wholesaling [per § 450-33G(1)] .
(f)
Light industrial [per § 450-33J(1)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Artisan studio/production shop [per § 450-33D(20)].
(3)
Land uses permitted as conditional use:
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Outdoor institutional [per § 450-33C(4)].
(c)
Personal or professional service [per § 450-33D(2)].
(d)
Indoor sales or service [per § 450-33D(3)].
(e)
Day-care center (nine or more children) [per § 450-33D(11)].
(f)
Group development [per § 450-33D(17)].
(g)
Airport/heliport [per § 450-33H(2)].
(h)
Distribution center [per § 450-33H(4)].
(i)
Noncombustion power-generating facility [per § 450-33I(7)].
(j)
Indoor vehicle storage [per § 450-33H(5)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
On-site composting/wood piles [per § 450-33E(15)].
[7]
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c)
Land uses permitted as conditional use:
[1]
Company provided on-site recreation [per § 450-33E(7)].
[2]
Outdoor storage incidental to light industrial [per § 450-33E(30)].
[Added 1-20-2023 by Ord. No. 23-23]
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(f)
Outdoor assembly [per § 450-33F(7)].
(g)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses: N/A.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: one acre (20,000 square feet permitted as
a conditional use).
(b)
Minimum lot width: 100 feet.
(c)
Minimum street frontage: 100 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory building to front or street side lot
line: 40 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
30 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 25 feet.
[5]
Principal and accessory building to residential side lot line:
30 feet.
[6]
Minimum paved surface setback: 15 feet from side or rear; 20
feet from street.
[7]
Maximum building height: 50 feet.
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose.
(1)
This district is intended to permit both large- and small-scale industrial
and office development at an intensity which provides ample incentive
for infill development and redevelopment of industrial areas existing
as of the effective date of this chapter. This district is designed
to permit a very wide variety of industrial uses that may occur both
indoors and outdoors. In order to ensure a minimum of disruption to
residential development, no development within this district shall
take direct access to a local residential street or a residential
collector street.
(2)
Rationale. This district is intended to provide a location for urban
intensity heavy industrial land uses which may include outdoor storage
and display uses. In addition, uses shall comply with the minimum
performance standards presented in this chapter.
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Indoor maintenance service [per § 450-33D(5)].
(e)
Vehicle repair and maintenance [per § 450-33D(16)].
(f)
Indoor storage or wholesaling [per § 450-33G(1)] .
(g)
Indoor vehicle storage [per § 450-33H(5)]
(h)
Light industrial [per § 450-33J(1)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Public services and utilities [per § 450-33C(5)].
(c)
Off-site parking lot [per § 450-33H(1)].
(d)
Artisan studio/production shop [per § 450-33D(20)].
(e)
Outdoor storage or wholesaling [per § 450-33G(2)].
(3)
Land uses permitted as conditional use:
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Outdoor display [per § 450-33D(4)].
(c)
Day-care center (nine or more children) [per § 450-33D(11)].
(d)
Outdoor maintenance service [per § 450-33D(12)].
(e)
Outdoor commercial entertainment [per § 450-33D(13)].
(f)
Group development [per § 450-33D(17)].
(g)
Personal storage facility [per § 450-33G(3)].
(h)
Airport/heliport [per § 450-33H(2)].
(i)
Distribution center [per § 450-33H(4)].
(j)
Communication tower [per § 450-33I(3)].
(k)
Heavy industrial [per § 450-33I(2)].
(l)
Noncombustion power-generating facility [per § 450-33I(7)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
On-site composting/wood piles [per § 450-33E(15)].
[7]
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c)
Land uses permitted as conditional use:
[1]
Company provided on-site recreation [per § 450-33E(7)]
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(f)
Outdoor assembly [per § 450-33F(7)].
(g)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses: N/A.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements.
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 40 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
25 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 20 feet.
[5]
Principal and accessory building to residential side lot line:
25 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum building height: 50 feet.
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose.
(1)
This district is designed to permit a very wide variety of industrial
uses which may occur both indoors and outdoors, including certain
land uses which are permitted in no other zoning district because
of their potential to create nuisances for adjoining properties. In
order to ensure a minimum of disruption to residential development,
no development within this district shall take direct access to a
local residential street or a residential collector street.
(2)
Rationale. This district is intended to provide a location for both light and heavy industrial uses in a zoning district in which the potential for nuisance complaints from nearby properties is minimized. It must be emphasized that this is not a district where virtually any land use is permitted, as all uses shall comply with the minimum performance standards presented in Article V. In addition, certain land uses such as extraction, junkyards and salvage operations, and freight terminals are permitted within this district only upon the granting of a conditional use permit.
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Indoor maintenance service [per § 450-33D(5)].
(e)
Vehicle repair and maintenance [per § 450-33D(16)].
(f)
Indoor storage or wholesaling [per § 450-33G(1)] .
(g)
Indoor vehicle storage [per § 450-33H(5)].
(h)
Light industrial [per § 450-33J(1)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Public services and utilities [per § 450-33C(5)].
(c)
Outdoor storage or wholesaling [per § 450-33G(1)] .
(d)
Off-site parking lot [per § 450-33H(1)].
(e)
Heavy industrial [per § 450-33I(2)].
(3)
Land uses permitted as conditional use:
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Agricultural services [per § 450-33B(4)].
(c)
Outdoor maintenance service [per § 450-33D(12)].
(d)
Sexually oriented land use [per 450-33D(15)].
(e)
Group development [per § 450-33D(17)].
(f)
Junkyard or salvage yard [per § 450-33G(4)].
(g)
Waste disposal facility [per § 450-33G(5)].
(h)
Composting operation [per § 450-33G(6)].
(i)
Airport/heliport [per § 450-33H(2)]).
(j)
Freight terminal [per § 450-33H(3)].
(k)
Distribution center [per § 450-33H(4)].
(l)
Communication tower [per § 450-33I(3)].
(m)
Extraction use [per § 450-33I(4)].
(n)
Noncombustion power-generating facility [per § 450-33I(7)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
On-site composting/wood piles [per § 450-33E(15)].
[7]
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c)
Land uses permitted as conditional use:
[1]
Company provided on-site recreation [per § 450-33E(7)].
[2]
Migrant labor camp [per § 450-33E(17)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
Outdoor assembly [per § 450-33F(7)].
(f)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses: N/A.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: N/A.
(b)
Minimum lot width: 50 feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum setbacks:
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 40 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
50 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 10 feet.
[5]
Principal and accessory building to residential side lot line:
50 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum building height: 45 feet.
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose.
(1)
This district is intended to permit both large- and small-scale commercial
development at an intensity that provides significant incentives for
infill development, redevelopment, and the continued economic viability
of existing development. It is the intent of this district to permit
a broad mix of land uses to encourage this infill development. Therefore,
office and retail land uses are permitted by right in this district.
In addition, a range of storage, wholesaling, and light industrial
land uses, which occur both indoors and outdoors, are permitted as
conditional uses in this zoning district. Further, residential land
uses are permitted as conditional uses to allow for high density apartment
uses and institutional uses. However, in order to ensure a minimum
of disruption to neighboring residential development, no development
within this district shall take direct access to a local residential
street or a residential collector street. In order to accommodate
existing and future uses, minimal requirements for on site landscaping
and parking are required in this district, and where appropriate a
parking waiver from the Plan Commission may be granted for nonresidential
land uses following the issuance of a conditional use. The boundary
of this district is strictly limited to the existing historic central
City tobacco warehouse/rail corridor location.
(2)
Rationale. This district is intended to provide an alternative, primarily
infill development, designation for commercial activity to the Local
Business (B-1), Central Business (B-2), Community Business (B-3),
and Regional Business (B-4) Districts and is designed to assist in
maintaining the long-term viability of the historic central City.
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(e)
Indoor sales or service [per § 450-33D(3)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Off-site parking lot [per § 450-33H(1)].
(f)
Indoor storage or wholesaling [per § 450-33G(1)] .
(g)
Outdoor storage or wholesaling [per § 450-33G(2)].
(h)
Artisan studio/production shop [per § 450-33D(20)].
(i)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3)
Land uses permitted as conditional use:
(a)
Institutional residential development [per § 450-33A(1) and C(6)].
(b)
Conventional residential development [per § 450-33A(2)].
(c)
Clear-cutting [per § 450-33B(3)].
(d)
Outdoor institutional [per § 450-33C(4)].
(e)
Outdoor display [per § 450-33D(4)].
(f)
Indoor maintenance service [per § 450-33D(5)].
(g)
In-vehicle sales or service [per § 450-33D(6)].
(h)
Indoor commercial entertainment [per § 450-33D(7)].
(i)
Commercial animal boarding [per § 450-33D(8)].
(j)
Commercial indoor lodging [per § 450-33D(9)].
(k)
Bed-and-breakfast establishments [per § 450-33D(10)].
(l)
Day-care center (nine or more children) [per § 450-33D(11)].
(m)
Outdoor maintenance service [per § 450-33D(12)].
(n)
Outdoor commercial entertainment [per § 450-33D(13)].
(o)
Boardinghouse [per § 450-33D(14)].
(p)
Vehicle repair and maintenance [per § 450-33D(16)].
(q)
Group development [per § 450-33D(17)].
(r)
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(s)
Personal storage facility [per § 450-33G(3)].
(t)
Indoor vehicle storage [per § 450-33H(5)].
(u)
Light industrial [per § 450-33J(1)].
(v)
Community living arrangements (nine to 15 residents) [per § 450-33C(8)].
(w)
Community living arrangements (16 or more residents) [per § 450-33C(9)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land
use.
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[4]
Drainage structure [per § 450-33E(11)].
[5]
Filling [per § 450-33E(12)].
[6]
Exterior communication devices [per § 450-33E(13)].
[7]
On-site composting/wood piles [per § 450-33E(15)].
[8]
Indoor sales incidental to light industrial use [per § 450-33E(16)].
[9]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c)
Land uses permitted as conditional use:
[1]
Commercial apartment [per § 450-33E(1)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Outdoor display incidental to indoor sales [per § 450-33E(8)].
[4]
In-vehicle sales and service [per § 450-33E(9)].
[5]
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6]
Home occupation [per § 450-33E(14)].
[7]
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
General temporary outdoor sales [per § 450-33F(5)].
(f)
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g)
Outdoor assembly [per § 450-33F(7)].
(h)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(1)
Residential density requirements:
(2)
Residential bulk requirements.*
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum setbacks.
[1]
Principal building to front or street side lot line: 25 feet,
add 10 more feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal building to rear lot line: 25 feet.
[3]
Principal building to side lot line: 10 feet.
[4]
Accessory building to rear lot line: five feet.
[5]
Accessory building to side lot line: three feet.
[6]
Minimum dwelling unit separation: 20 feet or zero feet on zero
lot line side.
[7]
Maximum height of building: 35 feet (up to 50 feet with a conditional
use permit).
[8]
Maximum height of accessory building: 18 feet (up to 20 feet
with a conditional use permit to accommodate roof pitches).
[9]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
(3)
Residential landscaping requirements (see nonresidential landscaping
requirements).
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements.*
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum setbacks.
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 40 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
30 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 20 feet or zero feet on zero lot line side.
[5]
Principal and accessory building to residential side lot line:
50 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum building height: 40 feet.
[8]
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
|
*
|
The bulk requirements for nonresidential development within
the Historic Mixed-Use District may be waived by the issuance of a
planned unit development by the Plan Commission.
|
(3)
Nonresidential landscaping requirements (nonresidential, two-family
and multifamily):
A.
Description and purpose.
(1)
This district is intended to permit high quality office and institutional
land uses at an intensity compatible with the character of older portions
of the City predominantly developed with large homes which are desirable
to maintain, where traffic volumes and adjacent land uses dictate
the transition of these areas to certain nonresidential land uses.
Significant areas of landscaping are required in this district to
ensure that this effect is achieved. In certain instances multifamily
housing uses may be allowed. In order to ensure a minimum of disruption
to adjacent residential development, no nonresidential development
within this district shall take direct access to a local residential
street or a residential collector street.
(2)
Rationale. This district is used to provide for the permanent protection
of an area which preserves the original estate residential appearance,
yet permits office and institutional land uses, and which ensures
that the estate character is maintained as long as the Office District
(O-1) designation is retained regardless of how much development occurs
within that area..
B.
List of allowable land uses.
(1)
Land uses permitted by right:
(a)
Selective cutting [per § 450-33B(2)].
(b)
Passive outdoor public recreation [per § 450-33C(1)].
(c)
Office [per § 450-33D(1)].
(d)
Personal or professional services [per § 450-33D(2)].
(2)
Land uses permitted by right with additional special requirements:
(a)
Cultivation [per § 450-33B(1)].
(b)
Active outdoor public recreation [per § 450-33C(2)].
(c)
Indoor institutional [per § 450-33C(3)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3)
Land uses permitted as conditional use:
(a)
Institutional residential development [per § 450-33A(1) and C(6)].
(b)
Conventional residential development [per § 450-33A(2)].
(c)
Clear-cutting [per § 450-33B(3)].
(d)
Outdoor institutional [per § 450-33C(4)].
(e)
Indoor commercial entertainment [per § 450-33D(7)].
(f)
Bed-and-breakfast establishments [per § 450-33D(10)].
(g)
Day-care center (nine or more children) [per § 450-33D(11)].
(h)
Group development [per § 450-33D(17)].
(i)
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(j)
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(4)
Land uses permitted as accessory uses:
(a)
Land uses permitted by right:
[1]
Farm residence [per § 450-33E(3)].
[2]
Company cafeteria [per § 450-33E(6)].
[3]
On-site composting/wood piles [per § 450-33E(15)].
[4]
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5]
Private garage or shed [per § 450-33E(4)].
(b)
Land uses permitted by right with additional special requirements:
[1]
On-site parking lot [per § 450-33E(2)].
[2]
Company provided on-site recreation [per § 450-33E(7)].
[3]
Drainage structure [per § 450-33E(11)].
[4]
Filling [per § 450-33E(12)].
[5]
Exterior communication devices [per § 450-33E(13)].
[6]
On-site composting/wood piles [per § 450-33E(15)].
(c)
Land uses permitted as conditional use:
[1]
Company provided on-site recreation [per § 450-33E(7)].
[2]
In-vehicle sales and service [per § 450-33E(9)].
[3]
Home occupation [per § 450-33E(14)].
[4]
Light industrial incidental to office [per § 450-33E(19)].
[5]
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5)
Land uses permitted as temporary uses:
(a)
Contractor's project office [per § 450-33F(1)].
(b)
Contractor's on-site equipment storage [per § 450-33F(2)].
(c)
Relocatable building [per § 450-33F(3)].
(d)
On-site real estate sales office [per § 450-33F(4)].
(e)
Outdoor assembly [per § 450-33F(7)].
(f)
Polystructure [per § 450-33G(7)].
C.
Regulations applicable to residential uses.
(1)
Residential density requirements:
(2)
Residential bulk requirements.
(a)
Minimum lot area: 8,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum setbacks.
[1]
Principal building to front or street side lot line: 25 feet,
add 10 more feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal building to rear lot line: 25 feet.
[3]
Principal building to side lot line: 10 feet.
[4]
Accessory building to rear lot line: five feet.
[5]
Accessory building to side lot line: three feet.
[6]
Minimum dwelling unit separation: 20 feet or zero feet on zero
lot line side.
[7]
Maximum height of building: 35 feet (up to 50 feet with a conditional
use permit).
[8]
Maximum height of accessory building: 18 feet (up to 20 feet
with a conditional use permit to accommodate roof pitches).
[9]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
D.
Regulations applicable to nonresidential uses.
(2)
Nonresidential bulk requirements.*
(a)
Minimum lot area: 8,000 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum setbacks.
[1]
Principal and accessory building to front or street side lot
line: 25 feet, 40 feet for a lot adjacent to a street with an officially
mapped right-of-way equal to or exceeding 100 feet.
[2]
Principal and accessory building to nonresidential rear lot
line: 25 feet.
[3]
Principal and accessory building to residential rear lot line:
25 feet.
[4]
Principal and accessory building to nonresidential side lot
line: 10 feet.
[5]
Principal and accessory building to residential side lot line:
10 feet.
[6]
Minimum paved surface setback: five feet from side or rear;
10 feet from street.
[7]
Maximum building height: 35 feet.
[8]
Maximum height of accessory building: 18 feet (up to 20 feet
with a conditional use permit to accommodate roof pitches).
(3)
Nonresidential landscaping requirements:
(a)
Forty five landscaping points per 100 linear feet of building
foundation.
(b)
Twenty landscaping points per 1,000 square feet of gross floor
area.
(c)
Forty five landscaping points per 100 linear feet of street
frontage.
(d)
Ninety five landscaping points per 10,000 square feet paved
area/20 stalls.
A.
Description and purpose:
(1)
This district is intended to permit development that is solely of
a rural community character. The land use standards for this district
permit very low-density single-family residential development at a
density of one dwelling unit for every 35 gross acres, as well as
a variety of agricultural and agricultural support land uses. Density
and intensity standards for this district are designed to ensure that
development that requires even a minimum of urban services does not
occur until such services are available. As such, the Rural Holding
(A-1) District shall either serve as a designation which preserves
and protects agricultural activities, or as a "holding zone" which
provides for an interim land use (agriculture) that will easily permit
further development (with rezoning to another district) at the appropriate
time.
(2)
Rationale. This district is used to provide for the protection of
agricultural activities, and a very low-density residential area for
those who want to live in a rural environment and who retain enough
land with their residence to ensure that the rural environment is
maintained as long as the Rural Holding (A-1) District designation
is retained. In this manner, even if all property were developed in
a given area with the Rural Holding (A-1) District designation, the
rural community character of that area would still be maintained.
B.
List of allowable principal land uses.
(1)
Principal land uses permitted by right:
(a)
Single-family: 35 acre lot [per § 450-33A(2)(a)].
(b)
Cultivation [per § 450-33B(1)].
(c)
Selective cutting [per § 450-33B(2)].
(d)
Passive outdoor public recreation [per § 450-33C(1)].
(2)
Principal land uses permitted by right with additional special requirements:
(a)
Single-family: for lots smaller than 35 acres, up to five acres
can be used for single-family residential purposes and remaining land
must be deed restricted with a conservation easement prohibiting subsequent
development of additional principal structures unless rezoned for
higher density development).
(b)
On-site agricultural retail [per § 450-33B(7)].
(c)
Active outdoor public recreation [per § 450-33C(2)].
(d)
Public services and utilities [per § 450-33C(5)].
(e)
Community living arrangement (one to eight residents) [per § 450-33C(7)].[1]
[1]
Editor's Note: Former Subsection B(2)(f), Cultivation, which
immediately followed this subsection, was repealed 7-17-2023 by Ord.
No. 23-10.
(3)
Principal land uses permitted as conditional use:
(a)
Clear-cutting [per § 450-33B(3)].
(b)
Agricultural services [per § 450-33B(4)].
(c)
Husbandry [per § 450-33B(5)].
(d)
Intensive agriculture [per § 450-33B(6)].
(e)
Indoor institutional [per § 450-33C(3)].
(f)
Outdoor institutional [per § 450-33C(4)].
(g)
Outdoor commercial entertainment [per § 450-33D(7)].[2]
[2]
Editor's Note: Former Subsection B(3)(h), Cultivation, which
immediately followed this subsection, was repealed 7-17-2023 by Ord.
No. 23-10.
(h)
Indoor vehicular storage [per § 450-33H(5)].
(i)
Commercial animal boarding [per § 450-33D(8)].
(j)
Bed-and-breakfast establishments [per § 450-33D(10)].
(k)
Campground [per § 450-33D(19)].
(l)
Composting operation [per § 450-33G(6)].
(m)
Airport/heliport [per § 450-33H(2)].
(n)
Communication tower [per § 450-33I(3)].
C.
List of allowable accessory uses:
(1)
Accessory land uses permitted by right:
(a)
Farm residence [per § 450-33E(3)].
(b)
Detached garage, carport or shed [per § 450-33E(4)].
(c)
Family day care home [per § 450-33E(20)].
(d)
Power-generated device incidental to on-site principal use [per § 450-33E(23)].
(2)
Accessory land uses permitted by right with additional special requirements:
(a)
On-site parking lot [per § 450-33E(2)].
(b)
Private residential recreational facility [per § 450-33E(5)].
(c)
Drainage structure [per § 450-33E(11)].
(d)
Filling [per § 450-33E(12)].
(e)
Exterior communication devices [per § 450-33E(13)].
(f)
Home occupation [per § 450-33E(14)].
(g)
On-site composting/wood piles [per § 450-33E(15)].
(h)
Private residential stable [per § 450-33E(22)].
(3)
Accessory land uses permitted as conditional use:
(a)
Migrant labor camp [per § 450-33E(17)].
(b)
Intermediate day care home [per § 450-33E(21)].
D.
List of allowable temporary uses:
(1)
Contractor's project office [per § 450-33F(1)].
(2)
Contractor's on-site equipment storage [per § 450-33F(2)].
(3)
On-site real estate sales office [per § 450-33F(4)].
(4)
Outdoor sales of farm products [per § 450-33F(6)].
(5)
Outdoor assembly [per § 450-33F(7)]..
(6)
Polystructure [per § 450-33G(7)].
E.
Regulations applicable to residential uses.
(2)
Residential bulk requirements.
(a)
Minimum lot area: 35 acres.
(b)
Minimum lot width: 100 feet.
(c)
Minimum street frontage: 100 feet.
(h)
Minimum paved surface setback: five feet from side or rear,
10 feet from street.
(i)
Minimum dwelling unit separation: 100 feet.
(k)
Minimum number of off-street parking spaces required on the
lot (Includes garage, drives, and all designated parking surfaces):
four spaces if located on street with standard pavement width; eight
spaces if located on street with reduced pavement width.
(l)
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m)
Minimum dwelling unit eave width: 18 inches.
F.
Regulations applicable to nonresidential uses:
(2)
Nonresidential bulk requirements:
(a)
Minimum lot area: 40,000 square feet, 20,000 square feet with
a conditional use permit.
(b)
Minimum lot width: 100 feet.
(c)
Minimum street frontage: 50 feet.
(d)
Minimum setbacks:
[1]
Principal structure to front or street side lot line: 50 feet.
[2]
Principal structure to residential side lot line: 70 feet.
[3]
Principal structure to residential rear lot line: 50 feet.
[4]
Principal structure to nonresidential side lot line: 70 feet.
[5]
Principal structure to nonresidential rear lot line: 50 feet.
[6]
Front or street lot line to accessory structure: equal or greater
than the actual setback of the principal structure.
[7]
Side lot line to accessory structure: 100 feet.
[8]
Rear lot line to accessory structure: 50 feet.
[10]
Minimum paved surface setback: five feet from
side or rear; 10 feet from street.
(e)
Maximum building height: 35 feet.
A.
Description and purpose.
(1)
The purpose of this section is to set forth the requirements for the mandatory protection of natural resources and permanently protected green space areas within the jurisdiction of this chapter (see § 450-5). The provisions of this article interact closely with the provisions of §§ 450-23, 450-29, 450-98. 450-99, 450-100 and 450-101. In part, the provisions of this article are designed to ensure the implementation of the City of Edgerton Comprehensive Master Plan and State of Wisconsin Statutes §§ 62.231 and 87.30.
(2)
These sections contain the standards that govern the protection,
disturbance, and mitigation of disruption of all natural resource
and other permanently protected green space areas. The provisions
of these sections are intended to supplement those of the City of
Edgerton, Rock County, Dane County, the State of Wisconsin, and the
Federal Government of the United States that pertain to natural resource
protection. Prior to using the provisions of this article to determine
the permitted disruption of such areas, the requirements provided
below should be reviewed. These sections recognize the important and
diverse benefits that natural resource features provide in terms of
protecting the health, safety, and general welfare of the community.
Each of the following sections is oriented to each natural resource
type, and is designed to include the following information:
A.
WOODLANDS
Definition. As used in this section, the following terms shall have
the meanings indicated:
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on air photos for the
City of Edgerton and its environs.
B.
Purpose of woodland protection requirements. Woodlands provide a
wide variety of environmental functions. These include atmospheric
benefits such as removing airborne pollutants, carbon dioxide uptake,
oxygen production, and evapotranspiration returns. Water quality benefits
include substantial nutrient uptake rates (particularly for nitrogen
and phosphorus) and surface runoff reduction in terms of both volumes
and velocities. Woodlands provide unique wildlife habitats and food
sources. Woodlands are excellent soil stabilizers, greatly reducing
runoff-related soil erosion. Woodlands also serve to reduce wind velocities,
which further reduces soil erosion. Finally, under proper management
techniques, woodlands serve as regenerative fuel sources.
C.
Determination of woodland boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property that contains a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 450-213. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection A above.
D.
Mandatory woodland protection requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted in § 450-33J and areas subject to the following mitigation requirements. Selective cutting operations are permitted by right in all woodland areas [per the requirements of § 450-33B(2)]. Clear-cutting is permitted as a conditional use in all woodland areas [per the requirements of § 450-33B(3)].
A.
STEEP SLOPES
(1)
(2)
Definition. As used in this section, the following terms shall have
the meanings indicated:
Are defined as follows:
Areas that are at least one acre in size and contain a gradient
of 12% or greater over a distance of more than 150 feet down the face
of the slope. (See graphic diagram below.)
Areas that are at least one acre in size and contain a gradient
of 12% or greater over a distance of less than 150 feet down the face
of the slope if the slope is within 25 feet of the high-water mark
of any adjacent perennial stream pond or wetland.
 |
B.
Purpose of steep slope protection requirements. Steep slopes are
particularly susceptible to damage resulting from site disruption,
primarily related to soil erosion. Such damage is likely to spread
to areas that were not originally disturbed. Such erosion reduces
the productivity of the soil, results in exacerbated erosion downhill,
and results in increased sedimentation in drainageways, wetlands,
streams, ponds and lakes. Beyond adversely affecting the environmental
functions of these resources areas, such sedimentation also increases
flood hazards by reducing the floodwater storage capacity of hydrological
system components, thus elevating the flood level of the drainage
system in effected areas. Beyond these threats to the public safety,
disruption of steep slopes also increases the likelihood of slippage
and slumping, unstable soil movements, which may threaten adjacent
properties, buildings, and public facilities such as roads and utilities.
C.
Determination of steep slope boundaries. General steep slope boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property that contains a steep slope depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 450-23. This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection A, above.
D.
Mandatory steep slope protection requirements. Steep slopes shall remain in an undisturbed state except for the land uses permitted per the requirements of § 450-33J and as provided below:
(1)
Permitted by right: N/A.
(2)
Permitted by right with additional special requirements: 12%
to 20% slopes.
(b)
Shall provide a seventy-five-foot-wide permanent vegetated buffer
strip between the base of the slope and the ordinary high-water mark
of any adjacent perennial stream, pond or wetland.
(c)
The steep slope area is not in conjunction with another conservation
overlay district or natural resource feature.
(d)
The soils in the steep slope area are not highly erodible.
(3)
Conditional use regulations: slopes 20% or greater.
(b)
Shall provide a seventy-five-foot-wide permanent vegetated buffer
strip between the base of the slope and the ordinary high-water mark
of any adjacent perennial stream, pond or wetland.
(c)
If the steep slope area is in conjunction with another conservation
overlay district or natural resource feature other mitigation actions
as required by the Plan Commission.
A.
Purpose. The City of Edgerton recognizes that consequences of certain
land use activities, whether intentional or accidental, can seriously
impair groundwater quality. The purpose of the Municipal Well Recharge
Area Overlay District (MW) is to protect municipal groundwater resources
from certain land use activities by imposing appropriate restrictions
upon lands located within the approximate groundwater recharge area
of the City's municipal wells, either existing or planned. The restrictions
imposed in this section are in addition to those of the underlying
zoning district or any other provisions of this chapter. This chapter
is established per § NR 811.16, Wis. Adm. Code.
B.
Overlay Zones. The Municipal Well Recharge Area Overlay District
is determined by modeling contained in the report entitled "City of
Edgerton Well Head Protection Plan" for new wells and is the contaminant
source inventory reporting area established by the WDNR for existing
wells. These areas are indicated by Zone MW on the Official Zoning
Map. Zone MW is identified as the primary source of water for the
municipal well aquifer and as the most likely to transmit groundwater
contaminants to the municipal wells.
C.
Land use regulations. The following land use regulations are in addition
to the land use regulations established for the underlying zoning
district.
D.
Prohibited uses. The following uses have a high potential to contaminate
groundwater, or have already caused groundwater contamination, in
Wisconsin and elsewhere. Therefore, the following principal or accessory
uses are prohibited within the MW District unless Plan Commission
determines the use has adequate separation distance. This determination
shall be made through the conditional use permit process. All uses
must comply with the separation distances established by the WDNR.
(1)
Agricultural use of pesticides, insecticides, or fungicides.
(2)
Areas for dumping or disposal of garbage, refuse, trash, or
demolition material.
(3)
Application of fertilizer to manicured lawns or grasses in excess
of the nutrient requirements of the grass.
(4)
Asphalt product manufacturing plants.
(5)
Automobile laundries and car washes.
(6)
Automobile service stations.
(7)
Building materials and products sales.
(8)
Cartage and express facilities.
(9)
Cemeteries.
(10)
Chemical storage, sale, processing, or manufacturing.
(11)
Commercial exterior storage of any objects containing petroleum
or other hazardous fluids.
(12)
Dry-cleaning establishments.
(13)
Electronic circuit assembly plant.
(14)
Electroplating plants.
(15)
Exterminating shop/business.
(16)
Fertilizer manufacturing plants.
(17)
Foundries and forge plants.
(18)
Garages for repair and servicing of motor vehicles, including
body repair, painting, or engine rebuilding.
(19)
Highway salt storage areas.
(20)
Industrial liquid waste storage areas.
(21)
Intensive agriculture (i.e., locations of livestock confinement
exceeding three head per acre).
(22)
Junkyards and auto graveyards.
(23)
Landfills.
(24)
Metal reduction and refinement plants.
(25)
Mining operations.
(26)
Motor and machinery service and assembly shops.
(27)
Motor freight terminals.
(28)
Motorized trails, such as snowmobile or RV trails.
(29)
Paint products manufacturing.
(30)
Petroleum products storage or processing.
(31)
Photography studios, including the development of film and pictures.
(32)
Plastics manufacturing.
(33)
Printing and publishing establishments.
(34)
Pulp and paper manufacturing.
(35)
Recycling facilities.
(36)
Residential dwelling units on lots less than 15,000 square feet
in area. However, in any residential district, on a lot of record
on the effective date of this chapter, a single-family dwelling may
be established regardless of the lot size, provided compliance with
all other requirements of this chapter.
(37)
Sewage disposal sites.
(38)
Septic waste/sewage sludge land spreading.
(39)
Sludge disposal sites.
(40)
Storage, manufacture, or disposal of toxic or hazardous materials.
(41)
Underground petroleum products storage tanks.
(42)
Unsewered residential development.
(43)
Woodworking and wood products manufacturing.
F.
Separation distances. The separation distances for particular land
uses established by § NR 811.12(5)(d), Wis. Adm. Code, are
hereby established.
[Amended 7-17-2023 by Ord. No. 23-10]
G.
Additional land use regulations:
(1)
Sewered and unsewered residential uses with a maximum lot area
of 20,000 square feet are allowed to have an area of manicured lawn
or grass up to 15,000 square feet.
(2)
All storage water shall be retained on site. Stormwater shall
be discharged to settling ponds where it will percolate through at
least six inches of topsoil. Use of drywells or other subsurface drains
for stormwater is prohibited.
(3)
All aboveground petroleum product storage tanks shall provide
leakproof containment equal to 125% of the tank volume.
(4)
Pesticide, insecticide, or fungicide storage is permitted for
on farm use by the owner or farm operator only.
(5)
Bulk liquid pesticide, insecticide, fungicide, or fertilizer
storage in excess of 55 gallons is prohibited except in containment
areas not less than 125% of the volume of the largest container. Short-term
storage of one week or less is permitted in ICC-approved transport
containers.
(6)
Animal waste, septic, and sewer sludge shall not be applied
at rates exceeding the nutrient requirements of the crop growing on
the application site. Application of these materials to frozen or
snow covered ground is prohibited.
(7)
All commercial and industrial uses are allowed a maximum of
50% of lot area to be maintained in manicured lawn or grass. However,
the area of the lot in manicured lawn or grass shall not exceed the
area of other naturalized pervious surfaces on the lot.
(8)
Except for existing lots of record on the effective date of
this chapter or developments that will be served by municipal sewer
within five years of the approval of the development, unsewered residential
uses shall have a minimum lot size of two acres. Lots smaller than
two acres may be approved, provided that sufficient land area will
be maintained in an undeveloped state so that no more than one residence
is allowed for each two acres of the overall development.
A.
Purpose and intent. Planned Developments are intended to provide
more incentives for infill development and redevelopment in areas
of the community which are experiencing a lack of significant reinvestment.
Furthermore, Planned Developments are designed to forward both the
aesthetic and economic development objectives of the City by controlling
the site design and the appearance, density or intensity of development
in terms of more flexible requirements for land uses, density, intensity,
bulk, landscaping, and parking requirements. In exchange for such
flexibility, the Planned Development shall provide a much higher level
of site design, architectural control and other aspects of aesthetic
and functional excellence than normally required for other developments.
