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Green Bay Plan Commission

Regular Meeting

Green Bay, WI · October 13, 2025

AgendaPacketMinutes

Minutes

MINUTES OF THE GREEN BAY PLAN COMMISSION MONDAY, OCTOBER 13, 2025, 6:00 PM City Hall, Room 604 - The Harry Maier Room. Virtual attendance is also available via Zoom. A. ZOOM MEETING INFORMATION. 1. Join Zoom Meeting Online: https://us02web.zoom.us/j/84137675822?pwd=L2EyVlpDSlZGZ1FjcmlpWnZIOEVnUT09 Or call in by phone: +1 312 626 6799 Meeting ID: 841 3767 5822 Passcode: 483400 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. ROLL CALL. 1. Members: Chair Lisa Hanson, Vice-Chair Jacob Miller, Ald. Jim Hutchison, Derius Daniels, Ken Rovinski, Emma Fulwilder and Kelsey Lutzow. Present: Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow Excused: Derius Daniels, Emma Fulwilder Absent: None Others Present: Ald. Alyssa Proffitt, Ald. Joey Prestley C. APPROVAL OF THE AGENDA. 1. Approval of the agenda for the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. Moved by Ald. Jim Hutchison, seconded by Jacob Miller to approve the agenda of the October 13, 2025, meeting of the Plan Commission, moving Regular Business items 1 and 2 to items 5 and 6. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. D. APPROVAL OF MINUTES. 1. Approval of the minutes from the Monday, September 29, 2025, meeting. Moved by Ken Rovinski, seconded by Jacob Miller to approve the minutes of the September 29, 2025, meeting. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. E. REGULAR BUSINESS. 1. (TA 24-02) Public hearing on a request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Jon LeRoy Pam Kaster – 2170 Velp Ave Jesse Wellins – 1084 Dousman St. – Fisk Edition Neighborhood Association Frank Torres – 617 Capital Dr Alder Johnson – 516 Hubbard St Alder Prestley – 837 Liebman Ct – Equal Rights Commission Alder Proffitt – 1262 Cherry Street Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 2. (TA 24-02) Consideration with possible action on the request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. Moved by Jacob Miller, seconded by Ken Rovinski to approve the request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. 3. Consideration with possible action on the request by Downtown Green Bay, Inc. (DGBI) Business Improvement District (BID) to approve their 2026 Operating Plan. Moved by Commissioner Jacob Miller, seconded by Ken Rovinski to approve Downtown Green Bay, Inc., (DGBI) to approve their 2025 Business Improvement District (BID) Operation Plan. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No-None, Abstain-None. 4. Consideration with possible action on the request by Olde Main Street Inc. (OMS) Business Improvement District (BID) to approve their 2026 Operating Plan. Moved by Jacob Miller, seconded by Ken Rovinski to approve the request by Olde Main Street Inc., (OMS) to approve their 2025 Business Improvement District (BID) Operating Plan. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. 5. Consideration with possible action on the request by the Broadway Business Improvement District (BID) to approve their 2026 Operating Plan. Moved by Jacob Miller, seconded by Ken Rovinski to approve the request by On Broadway Inc., (OBI) to approve their 2025 Business Improvement District Operating Plan. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. 6. Consideration with possible action on the request by Military Avenue Inc. (MAI) Business Improvement District (BID) to approve their 2026 Operating Plan. Moved by Jacob Miller, seconded by Ken Rovinski to approve the request by Military Avenue Inc., (MAI) to approve their 2025 Business Improvement District (BID) Operating Plan. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No—None, Abstain—None. F. INFORMATIONAL. 1. Director's report. a. Development Tracking –Development Director, Cheryl Renier-Wigg, presented the Director's Report. 2. Next Meeting: Monday, November 3, 2025 G. ADJOURNMENT. 1. Adjournment of the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. Moved by Ken Rovinski, seconded by Jacob Miller to adjourn. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Kelsey Lutzow, No-None, Abstain-None.

Agenda

AGENDA OF THE GREEN BAY PLAN COMMISSION MONDAY, OCTOBER 13, 2025, 6:00 PM City Hall, Room 604 - The Harry Maier Room. Virtual attendance is also available via Zoom. A. Zoom Meeting Information. 1. Join Zoom Meeting Online: https://us02web.zoom.us/j/84137675822?pwd=L2EyVlpDSlZGZ1FjcmlpWnZIOEVnUT09 Or call in by phone: +1 312 626 6799 Meeting ID: 841 3767 5822 Passcode: 483400 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. Roll Call. 1. Members: Chair Lisa Hanson, Vice-Chair Jacob Miller, Ald. Jim Hutchison, Derius Daniels, Ken Rovinski, Emma Fulwilder and Kelsey Lutzow. C. Approval of the Agenda. 1. Approval of the agenda for the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. D. Approval of Minutes. 1. Approval of the minutes from the Monday, September 29, 2025, meeting. E. Regular Business. 1. (TA 24-02) Public hearing on a request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land- use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. Agenda of the Green Bay Planning Commission October 13, 2025 Page 1 2. (TA 24-02) Consideration with possible action on the request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. 3. Consideration with possible action on the request by Downtown Green Bay, Inc. (DGBI) Business Improvement District (BID) to approve their 2026 Operating Plan. 4. Consideration with possible action on the request by Olde Main Street Inc. (OMS) Business Improvement District (BID) to approve their 2026 Operating Plan. 5. Consideration with possible action on the request by the Broadway Business Improvement District (BID) to approve their 2026 Operating Plan. 6. Consideration with possible action on the request by Military Avenue Inc. (MAI) Business Improvement District (BID) to approve their 2026 Operating Plan. F. Informational. 1. Director's report. a. Development Tracking 2. Next Meeting: Monday, November 3, 2025 G. Adjournment. 1. Adjournment of the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. 1) THIS MEETING IS RECORDED: THE VIDEO OF THIS MEETING AND MINUTES ARE AVAILABLE ONLINE AT www.greenbaywi.gov 2) ACCESSIBILITY: Any person wishing to attend who requires special accommodation because of a disability, should contact the City Safety Manager at 920-448-3125 at least 48 hours before the scheduled meeting time so that arrangements can be made. 3) QUORUM: Please take notice that a majority or quorum of the Common Council will attend this Plan Commission meeting and will constitute a meeting of the Common Council for purposes of discussion and information gathering relative to this agenda. 4) REPRESENTATION: The party requesting the communication, or their representative, should be present at this meeting. Agenda of the Green Bay Planning Commission October 13, 2025 Page 2

Packet

AGENDA OF THE GREEN BAY PLAN COMMISSION MONDAY, OCTOBER 13, 2025, 6:00 PM City Hall, Room 604 - The Harry Maier Room. Virtual attendance is also available via Zoom. A. Zoom Meeting Information. 1. Join Zoom Meeting Online: https://us02web.zoom.us/j/84137675822?pwd=L2EyVlpDSlZGZ1FjcmlpWnZIOEVnUT09 Or call in by phone: +1 312 626 6799 Meeting ID: 841 3767 5822 Passcode: 483400 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. Roll Call. 1. Members: Chair Lisa Hanson, Vice-Chair Jacob Miller, Ald. Jim Hutchison, Derius Daniels, Ken Rovinski, Emma Fulwilder and Kelsey Lutzow. C. Approval of the Agenda. 1. Approval of the agenda for the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. D. Approval of Minutes. 1. Approval of the minutes from the Monday, September 29, 2025, meeting. E. Regular Business. 1. (TA 24-02) Public hearing on a request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land- use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. Agenda of the Green Bay Planning Commission October 13, 2025 Page 1 2. (TA 24-02) Consideration with possible action on the request to amend multiple sections of Chapter 44-Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. 3. Consideration with possible action on the request by Downtown Green Bay, Inc. (DGBI) Business Improvement District (BID) to approve their 2026 Operating Plan. 4. Consideration with possible action on the request by Olde Main Street Inc. (OMS) Business Improvement District (BID) to approve their 2026 Operating Plan. 5. Consideration with possible action on the request by the Broadway Business Improvement District (BID) to approve their 2026 Operating Plan. 6. Consideration with possible action on the request by Military Avenue Inc. (MAI) Business Improvement District (BID) to approve their 2026 Operating Plan. F. Informational. 1. Director's report. a. Development Tracking 2. Next Meeting: Monday, November 3, 2025 G. Adjournment. 1. Adjournment of the Monday, October 13, 2025, meeting of the Green Bay Plan Commission. 1) THIS MEETING IS RECORDED: THE VIDEO OF THIS MEETING AND MINUTES ARE AVAILABLE ONLINE AT www.greenbaywi.gov 2) ACCESSIBILITY: Any person wishing to attend who requires special accommodation because of a disability, should contact the City Safety Manager at 920-448-3125 at least 48 hours before the scheduled meeting time so that arrangements can be made. 3) QUORUM: Please take notice that a majority or quorum of the Common Council will attend this Plan Commission meeting and will constitute a meeting of the Common Council for purposes of discussion and information gathering relative to this agenda. 4) REPRESENTATION: The party requesting the communication, or their representative, should be present at this meeting. Agenda of the Green Bay Planning Commission October 13, 2025 Page 2 Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 AGENDA ITEM # D.1 Approval of the minutes from the Monday, September 29, 2025, meeting. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. GBPC MINUTES 09.29.2025 FINAL 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov MINUTES OF THE GREEN BAY PLAN COMMISSION MONDAY, SEPTEMBER 29, 2025, 6:00 PM City Hall, Room 604 - The Harry Maier Room. Virtual attendance is also available via Zoom. A. ZOOM MEETING INFORMATION. 1. Join Zoom Meeting Online: https://us02web.zoom.us/j/84137675822?pwd=L2EyVlpDSlZGZ1FjcmlpWnZIOEVnUT09 Or call in by phone: +1 312 626 6799 Meeting ID: 841 3767 5822 Passcode: 483400 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. ROLL CALL. 1. Members: Chair Lisa Hanson, Vice-Chair Jacob Miller, Ald. Jim Hutchison, Derius Daniels, Ken Rovinski, Emma Fulwilder and Kelsey Lutzow. Present: Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow Excused: none Absent: none C. APPROVAL OF THE AGENDA. 1. Approval of the agenda for the Monday, September 29, 2025, meeting of the Green Bay Plan Commission. Moved by Derius Daniels, seconded by Emma Fulwilder to approve the agenda for the September 29, 2025, meeting of the Plan Commission. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. D. APPROVAL OF MINUTES. 1. Approval of the minutes from the special meeting Thursday, September 4 and Monday, September 8, 2025, meeting. Moved by Ken Rovinski, seconded by Jacob Miller to approve the minutes for the September 4 and September 8, 2025, meetings. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. E. REGULAR BUSINESS. 1. (SC 25-01) Public Hearing on a request to authorize the partial closure of the 1000-1700 Blocks North Quincy Street, 700 Block Eastman and the 700 Block of Vanderbraak Street, submitted by the City of Green Bay (Ald. J. Prestley, District 6 and Ald. A. Proffitt, District 7). Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Dena Mooney Kevin Kuehn – 401 North Quincy St Valerie Joosten, Director of DPW – 100 N Jefferson St Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 2. (SC 25-01) Consideration with possible action on a request to authorize the partial closure of the 1000-1700 Blocks North Quincy Street, 700 Block Eastman and the 700 Block of Vanderbraak Street, submitted by the City of Green Bay, property owner (Ald. J. Prestley, District 6 and Ald. A. Proffitt, District 7). Moved by Jacob Miller, seconded by Ken Rovinski to approve the request to authorize a partial closure of the 1000–1700 Blocks North Quincy Street, 700 Block Eastman but holding the 700 Block of Vanderbraak Street until the October 13, 2025, Plan Commission meeting. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Ken Rovinski, Jim Hutchison, Emma Fulwilder, No—Derius Daniels, Kelsey Lutzow, Abstain—None. 3. (ZP 25-25) Public Hearing on a request to amend a Conditional Use Permit at 1053 Velp Avenue to allow operations of the fuel station/convenience store to increase operating times to 24 hours a day, submitted by Michael Knox of True North Energy LLC, property owner (Ald. A. Proffitt, District 7). Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Stephanie Hummel Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 4. (ZP 25-25) Consideration with possible action on a request to amend a Conditional Use Permit at 1053 Velp Avenue to allow operations of the fuel station/convenience store to increase operating times to 24 hours a day, submitted by Michael Knox of True North Energy LLC, property owner (Ald. A. Proffitt, District 7). Moved by Jacob Miller, seconded by Derius Daniels to approve the amendment request on a Conditional Use Permit at 1053 Velp Avenue to allow operations of the fuel station/convenience store to increase operating times to 24 hours a day, subject to the following conditions: 1. The car wash operating hours shall remain at 7:00am to 10:00pm. 2. Subject to compliance with all existing conditions of the Conditional Use Permit and all other regulations of the Green Bay Municipal Code. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. 5. (ZP 25-26) Public hearing on a request to rezone properties at 1577 Langlade Avenue and the 1400 Block of Argonne Drive (Parcel 6-299-A-8) from a Planned Unit Development (ZO 07-23) to PI Public Institutional; submitted by Angie Strechenback, applicant; Timothy Kuehn of Rock Lake Properties LLC, property owner (Ald. M. Eck, District 11). Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Jon LeRoy Bill Czaja – 1528 Koehler Ct., Bellevue Alan Hicks – 902 S. Madison St Karen Novotny – 1330 S Military Ave Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 6. (ZP 25-26) Consideration with possible action on a request to rezone properties at 1577 Langlade Avenue and the 1400 Block of Argonne Drive (Parcel 6-299-A-8) from a Planned Unit Development (ZO 07-23) to PI Public Institutional; submitted by Angie Strechenback, applicant; Timothy Kuehn of Rock Lake Properties LLC, property owner (Ald. M. Eck, District 11). Moved by Derius Daniels, seconded by Emma Fulwilder to approve the rezone properties at 1577 Langlade Avenue and the 1400 Block of Argonne Drive (Parcel 6-299-A-8) from a Planned Unit Development (ZO 07-23) to PI Public Institutional. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. 7. (ZP 25-27) Public hearing on a request to amend a Planned Unit Development (ZO 20-07) for property located at 1726 and 1760 Shawano Avenue submitted by Aaron Breitenfeldt of Robert E Lee and Associates, applicant; St. Mary’s Hospital Medical Center of Green Bay, Inc, property owner (Ald. B. Delie, District 10). Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Jon LeRoy Alder Eck – 1634 Birchwood Dr Jared Schmidt – 1250 Centennial Blvd – Robert E. Lee and Associates Alder Proffitt – 1262 Cherry St Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 8. (ZP 25-27) Consideration with possible action on a request to amend a Planned Unit Development (ZO 20-07) for property located at 1726 and 1760 Shawano Avenue submitted by Aaron Breitenfeldt of Robert E Lee and Associates, applicant; St. Mary’s Hospital Medical Center of Green Bay, Inc, property owner (Ald. B. Delie, District 10). Moved by Ken Rovinski, seconded by Jacob Miller to open the floor. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. Discussion with Applicant Jared Schmidt – 1250 Centennial Blvd – Robert E. Lee and Associates Moved by Ken Rovinski, seconded by Derius Daniels to close the floor. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. Moved by Ken Rovinski, seconded by Kelsey Lutzow to approve to amend a Planned Unit Development (ZO 20-07) for property located at 1726 and 1760 Shawano Avenue. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. 9. (ZP 25-28) Public Hearing on a request to allow a firearms sales use within the Community Center (C3) district for property located at 2430 E Mason Street, submitted by Jeffery Talbot and John Palmer, on behalf of Sky Green Bay LLC, Inc, property owner (Ald. W. Morgan, District 3). Chair Lisa Hanson read into record the rules and procedures for the public hearing. Chair Lisa Hanson opened the floor for the public hearing. Speakers: Stephanie Hummel Alder Morgan – 2405 Grouse Ct John Palmer – 5607 New King Dr – Sky Green Bay LLC Chair Lisa Hanson asked staff and the public three (3) times if there was anyone else wishing to speak. Hearing/seeing no one else, the public hearing was closed. 10. (ZP 25-28) Consideration with possible action on a request to allow a firearms sales use within the Community Center (C3) district for property located at 2430 E Mason Street, submitted by Jeffery Talbot and John Palmer, on behalf of Sky Green Bay LLC, Inc, property owner (Ald. W. Morgan, District 3). Moved by Jacob Miller, seconded by Emma Fulwilder to approve the request to allow firearms sales use within the Community Center (C3) district for property located at 2430 E Mason Street, subject to the following conditions: 1. Firearms sales are only allowed in conjunction with a sporting goods store. 2. Compliance with all regulations of the Green Bay Municipal Code. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. 11. (AC 25-01) Consideration with possible action on a partial alley closure located near 409 W Walnut Street, submitted by The Tarlton Theatre, adjacent property owner (Ald. B. Johnson, District 9). Moved by Ken Rovinski, seconded by Derius Daniels to approve a partial alley closure located near 409 W Walnut Street with the following conditions: 1. A maintenance/closure agreement shall be established with the Department of Public Works. 2. An ingress/egress easement is required over the drive alley portion of Parcel 3- 99, connecting to the open portion of the alley. 3. This alley closure is contingent on a PUD or other planning device being enacted to create a food truck yard and event space at 409 W Walnut Street. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. 12. (CP 25-05) Consideration with possible action on a request to create a final plat with 88 lots and 7 outlots (Nicolet Heights) that includes public dedications at 2892 Nicolet Drive (Parcel 22-135), 2958 Nicolet Drive (Parcel 22-134), and 0 Durham Road (Parcel 22-144), submitted by Jason Mroz of Apple Tree on behalf of Terra Nullius, LLC, property owner (Ald. J. Grant, District 1). Moved by Ken Rovinski, seconded by Derius Daniels to approve the request to create a final plat with 88 lots and 7 outlots (Nicolet Heights) that includes public dedications at 2892 Nicolet Drive (Parcel 22-135), 2958 Nicolet Drive (Parcel 22-134), and 0 Durham Road (Parcel 22-144), subject to the following condition: 1. Site plan approval of drainage, stormwater, and erosion control plans. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. F. INFORMATIONAL. 1. Director's report. – Development Director, Cheryl Renier-Wigg, presented the Director's Report. 2. Next Meeting: Monday, October 13, 2025 G. ADJOURNMENT. 1. Adjournment of the Monday, September 29, 2025, meeting of the Green Bay Plan Commission. Moved by Ken Rovinski, seconded by Jacob Miller to adjourn the meeting. Motion Passed. Yes—Jacob Miller, Lisa Hanson, Derius Daniels, Ken Rovinski, Jim Hutchison, Emma Fulwilder, Kelsey Lutzow, No-None, Abstain-None. Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.1 (TA 24-02) Public hearing on a request to amend multiple sections of Chapter 44-Zoning and Chapter 36- Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.2 (TA 24-02) Consideration with possible action on the request to amend multiple sections of Chapter 44- Zoning and Chapter 36-Subdivisions, Green Bay Municipal Code adjusting regulations and removing land-use barriers to housing affordability, submitted by the City of Green Bay Department of Community and Economic Development. BACKGROUND Reason for Request: The Zoning and Subdivision Ordinance text amendments are proposed to create revisions to the Municipal Code to reflect updates to bulk requirements and definitions to facilitate affordable housing opportunities within the Code. Comprehensive Plan: The 2022 Smart Growth Green Bay Comprehensive Plan provides a variety of recommendations, which is also consistent with the Go Big Green Bay 2050 Comprehensive Plan Update. Planning staff has reviewed the existing Subdivision (Chapter 36) and Zoning (Chapter 44) Code to identify bulk requirement features which warrant revisions to expand opportunities to increase affordability within the city. The existing comprehensive plan calls for policies to include adaptive reuse, regulatory incentives for infill projects compatible with older neighborhoods, provision of a higher density housing supply, and neighborhood design; specifically emphasizing smaller lots, smaller, less expensive homes built to incorporate neighborhood commercial service centers. Report: Staff has reviewed use regulations, dimensional regulations, and parking requirements within the existing code and identified over 3 dozen concepts within the Code which staff believes a revision is needed to meet the goals of both the existing and 2022 Plan and proposed 2050 Plan. The result is a list of about 79 individual code changes which staff believes better advances affordable housing opportunities in the subdivision and zoning codes. DCED staff has been working on updating numerous provisions of the code since 2024 during the ongoing comprehensive plan update. Planning staff first reached out to other departments within the City to gauge potential conflicts with other goals of individual departments, such as green infrastructure or economic development. Planning staff engaged in numerous discussions with the public during the comprehensive plan update. Many of the discussions led to recommendations in the proposed comprehensive plan update to address the following: -Working with developers and property owners to redevelop underutilized or vacant housing sites -Promote higher residential densities -Modernize code facilitate missing middle, expand mixed use and encourage gentle density. -Create ADUs -Review parking requirements. Staff has reviewed existing code and are bringing forth a variety of changes to the subdivision and zoning code. This staff report includes the individual sections of code which either add (red, bold text) or remove (strike through) language for existing code to specifically address affordable housing. In the future, the overall 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov Zoning Code will have an expansive review pending the final language of the Comp Plan Update. The Common Council is reviewing the comprehensive plan update in October. Staff felt the proposed changes regarding affordable housing are needed to address current and ongoing affordability issues in our city. This staff report includes text changes to the following Articles: Subdivision Code Chapter 36 – Article VII, Division 3, Blocks Pedestrian Ways and Lots 1. Text amendments addressing some dimensional standards to language in Chapter 44. 2. Text amendment to eliminate some dimensional standards for division or re-division of existing platted lots. Subdivision Code Chapter 36 – Article II, Zero Lot Line Dwellings 1. Text created to provide guidance for creating zero lot line dwelling units for two family, semi- detached (side-by-side) buildings. Current code is not detailed in this process and staff has been working with property owners based on Zoning Interpretation. This update codifies the process. Zoning Code Article III – Definition updates 1. Carriage house dwelling definition has been eliminated. A new definition for Accessory Dwelling Unit (ADU) has taken its place. Carriage house was defined as an accessory unit limited to a unit placed above a detached garage. The updated code for ADU means a complete independent living facility for one family per the Wisconsin Unified Dwelling Code, which can take various forms, such as a detached unit, a unit that is a part of an accessory structure such as a detached garage, or as part of an expanded or remodeled principal dwelling. Zoning Code Article VI – Residential District updates 1. R-1 current code notes two-family dwellings are permitted in limited numbers. The code update adds small, lower density multifamily dwellings to the definition. 2. R-2 current code notes single and two-family dwellings, townhomes, and small multifamily buildings. The code revises the multifamily language to “small lower density multifamily dwellings.” 3. Table 44-1 Principal Uses in Residential Districts. Two-family dwellings; both duplexes (upper/lower) and semi-detached (side-by-side) are proposed to be permitted uses within R1 and not permitted in RR, Rural Residential. 4. Table 44-1 Principal Uses in Residential Districts. Carriage house definition has been replaced with Accessory Dwelling Unit (ADU) and proposed to be classified as a conditional use in all residential districts. 5. Table 44-1 Principal Uses in Residential Districts. Short-term rentals have been added as a permitted use in R3 districts. This reflects state statutes which require municipalities to allow STRs in residential districts. 6. Table 44-1 Principal Uses in Residential Districts. Rooming house and boarding house have been added as a conditional use in R1 and R2. 7. Table 44-1 Principal Uses in Residential Districts. Dormitory has been added as a conditional use in R1 and R2 and a permitted use in R3. 8. Table 44-1 Principal Uses in Residential Districts. Fraternity and sorority house use has been updated from conditional to permitted in R3. 9. Table 44-1 Principal Uses in Residential Districts. Convent, monastery, and seminary have been updated from permitted to conditional use in R2. page 2 of 7 10. Table 44-1 Principal Uses in Residential Districts. Nursing homes and assisted living have been updated to conditional use in R1 and R2 and permitted use in R3. Changes to items 7 through 10 were reflected to have uniform permitted/conditional requirements across R1, R2 and R3 for these congregate living categories. 11. Table 44-1 Principal Uses in Residential Districts. Adult day care home was updated from conditional to permitted use in R1 and RR. This update matches the existing family daycare home use standards. 12. Table 44-1 Principal Uses in Residential Districts. “Existing” added to the definition of libraries. This is proposed to match the intent of existing schools within R1. Libraries and schools should be classified as PI Public Institutional and this change reflects consideration for existing library uses within R1 districts. 13. Table 44-1 Principal Uses in Residential Districts. Personal service use and general retail sales use standards were updated from a maximum of 2500 square feet to 5000 square feet. 14. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Single-family detached dwelling minimum size lot reduced to 5,000 square feet from 7,500. This update allows for smaller size lots to be platted or divided in R1 district. 15. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Two-family dwelling, upper and lower duplex minimum lot size was reduced to 5,000 square feet minimum in R1 district. 16. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Two-family dwellings, semi-detached side by side, reduced to 3,000 square feet minimum per unit in R1, R2, and R3. 17. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Townhouse minimum size established as 2500 square foot minimum per townhouse unit or 17 units per acre, whichever is lesser. 18. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Multifamily minimum lot size per unit reduced to 2,000 square feet minimum per unit in R1 and 1500 square feet per unit in R2 and R3. 19. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. RR district establishing a minimum size for all other residential uses on a lot at 10,000 sf minimum, the same as the other residential districts. 20. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Minimum lot width reduced from 75 feet to 50 in R1 districts for single-family or two-family upper-lower duplex dwellings. 21. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Minimum lot width was revised to clarify the lot width of two-family semi-detached, side by side, to a minimum of 60 feet per lot. 22. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Townhouse lot sizes changed to a minimum of 20 feet in R1, R2, and R3. 23. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Minimum building width requirement removed. 24. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Maximum building height of an R3 building increases to 55 feet or 5 stories. Building heights can request a conditional use permit for a height exceeding maximum height standards. 25. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Front yard setback reductions proposed for R1, R2, and R3. With infill lots, the front yard setback is based on existing front yard averages. 26. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Side yard setback, reduced to 5 feet for any principal structure in R1, R2, and R3. 27. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Rear yard setback reduced to 5 feet for any principal structure in R1, R2, and R3. 28. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. For an attached garage, the front yard setback is reduced from 20 to 18 feet for R1, R2, and R3. 29. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. A note has been added that any screening or buffer yard setbacks may supersede setback requirements. page 3 of 7 30. Table 44-2 Lot Dimension and Setback Requirements, Residential Districts. Two notes were removed referencing consideration for setback reduction for narrow or shorter buildings as the proposed updated code is applied to all residential lots. 31. Sec. 44-556 Lot area requirements were updated for R1 and R2 districts to meet proposed criteria in Table 44-2. 32. Sec. 44-557 Lot area requirements were updated for R3 districts to meet proposed criteria in Table 44-2. 33. Sec. 44-559 Maximum impervious surface in each R1, R2, and R3 proposed to increase 10 percent from existing standards. 34. Sec. 44-590 (2). No more than 60 percent of the principal structure's front facade shall be made of an attached garage. 35. Sec. 44-590 (c). Changes to accessory structure code which note an accessory structure cannot be placed in front of a principal structure, removal of a dimension requirement for percentage of accessory structure in the rear yard, and revisions to sizing of accessory structures, generally allowing for larger structure maximum sizes. 36. Table 44-4 Changes made to required setbacks and screening of accessory structures. Zoning Code Article VII – Mixed Use District updates 1. Purpose of OR district to include addition of “higher density residential uses” such as multiple-family housing. An addition of noting larger or more intense office, service, or limited retail would be allowed “only” by CUP. 2. Purpose of NC district noted to added medium density multifamily density use. 3. Table 44-5 Principal Uses in the Mixed-Use Districts. Single-family and two-family dwellings were added as a conditional use in NC. 4. Table 44-5 Principal Uses in the Mixed Use Districts. ADU was added as conditional use in OR and NC. 5. Table 44-5 Principal Uses in the Mixed Use Districts. Dormitory changed to permitted use in OR and NC and a conditional use in D. 6. Table 44-5 Principal Uses in the Mixed Use Districts. Fraternity or sorority house added as permitted use in OR or NC. 7. Table 44-5 Principal Uses in the Mixed Use Districts. Nursing homes and assisted living were added as permitted use in OR. 8. Table 44-5 Principal Uses in the Mixed Use Districts. Hotel, inn added as conditional use in OR. 9. Table 44-5 Principal Uses in the Mixed Use Districts. Laundromat added as permitted use in OR. 10. Table 44-5 Principal Uses in the Mixed Use Districts. Health clubs and fitness centers were added as conditional use in OR. 11. Table 44-5 Principal Uses in the Mixed Use Districts. Parking structure as a principal use was added in OR and NC. 12. Table 44-5 Principal Uses in the Mixed Use Districts. Surface parking lot as a principal use was added in NC. 13. Sec. 44-617 Use restrictions. In a mixed-use building, a residential use shall not be permitted to dominate a ground floor. A proposed maximum of 50 percent of the first floor building façade fronting a street may be used in use for residential design. 14. Table 44-6 Mixed Use Dimensional Standards. Single and two-family home dimensional area requirements are added. The regulations follow R1 standards. 15. Table 44-6 Mixed Use Dimensional Standards. Changes made to minimum square footage of a parcel to allow more units per parcel size in OR, NC, and D 16. Table 44-6 Mixed Use Dimensional Standards. Floor Area Ratio maximum sizes increased across OR, NC, D. 17. Table 44-6 Mixed Use Dimensional Standards. Maximum amount of ground floor area for retail and page 4 of 7 service uses increased in NC and D. 18. Table 44-6 Mixed Use Dimensional Standards. Townhome minimum width reduced to 20 feet per individual townhome 19. Table 44-6 Mixed Use Dimensional Standards. Maximum height requirements increase in D1 and CUP revision applied to NC. 20. Table 44-6 Mixed Use Dimensional Standards. Maximum impervious surface standard for OR increased to 70 percent. 21. Table 44-6 Mixed Use Dimensional Standards. Front yard minimum reduced for residential uses. Infill averaging applies. Side and rear yard minimums reduced. 22. Table 44-6 Mixed Use Dimensional Standards. Side yard and rear yard minimum requirements reduced for nonresidential and mixed uses. 23. 44-652 Nonresidential accessory buildings. Changes proposed to reflect placement of accessory structure to the front plane of a building. 24. 44-652 Nonresidential accessory buildings. Accessory metal building in an OR or NC structures permitted with a CUP. Not permitted in D. Zoning Code Article VIII–Commercial District updates 1. Table 44-8 Principal Uses in the Commercial Districts. Updating “carriage house dwelling” to ADU. Neither is a permitted use in commercial districts. 2. Table 44-8 Principal Uses in the Commercial Districts. Updating permitted uses of full residential multi-family developments within commercial districts with residential uses on the ground floor so long as minimum distance of ¼ of a mile from any other full residential development along the same street frontage or corridor. Zoning Code Article XVI – Residential Land Use Development Standards updates 1. Classification of two-family dwellings references both upper, lower and side-by-side in R1 districts, rather than just upper and lower duplexes. 2. New housing types should be introduced in limited quantity. The existing 300-foot determination has been revised to no more than one quarter of the lineal frontage of a block may be converted to new two-family homes in an R1 district. 3. Both upper, lower (duplexes) and semi-detached (side-by-side) two-family units shall be designed to generally reflect the architectural style of surrounding buildings on the block. 4. Design language specifically referenced to semi-detached (side-by-side) is replaced with language combining design standards to both upper, lower and side-by-side two-family buildings. 5. Multiple-family dwellings with three or four units in an R1 or R2 district have the following language added: (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to paring areas beyond the front yard. (2) If a primary entrance of a structure is not facing the street, the Community and Economic Development Director or their designee may choose to require its location face a public street. If a primary entrance does not face a public street, a dedicated sidewalk must connect said entrance from the right of way to the entrance. (3) Multiple-family dwellings (three or four units) shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition. (4) Each dwelling must include enclosed (garage) space for each individual unit. Multiple-family page 5 of 7 dwellings (three or four units) shall provide a minimum of 2 enclosed parking spaces. If a parcel cannot provide an individual enclosed space for each individual unit beyond 2 enclosed parking spaces, a dedicated storage area exception may be considered by the Community and Economic Development Director or their designee. For each unit which does not have an enclosed (garage) space must be included with a site plan. Said storage area must be a minimum of 120 square feet for each unit. Said storage area shall be tabulated as accessory use. Said storage area can be located within the primary building or accessory building. (5) Minimum number of total parking spaces for each multiple-family dwelling (three-four units). Each unit shall have a minimum of one parking stall enclosed (or dedicated storage area exception if approved by the Community and Economic Development Director or their designee) and one additional parking stall. Parking stalls may be tandem if use is dedicated to a single unit. Access to individual unit parking stalls via the driveway shall remain clear and not used as a parking space for any one unit or visitor. 6. Accessory Dwelling Unit design standards, rather than carriage house dwelling, have been added for all residential or mixed-use districts: (1) Accessory dwelling units are permitted in conjunction with a primary detached single-family dwelling, two-family dwelling (duplex or semi-detached) or single-family attached dwellings (townhouses). They are not permitted in conjunction with multiple-family or mixed-use structures. (2) There shall be no more than one accessory dwelling unit on a parcel/lot. (2) Either the principal/primary dwelling unit or the accessory dwelling unit must be the primary permanent residence of the owner of the parcel/lot. (3) An accessory dwelling unit shall not be permitted to be used as a short-term rental. (4) An accessory dwelling unit must: a. Be located behind any façade plane of the principal/primary dwelling on the parcel/lot fronting the public right-of-way. b. Not contain more than 1000 square feet of gross floor area or greater than the established primary residential building, whichever is less. c. Not be taller than the principal/primary dwelling structure. d. Maintain the architectural design, style, appearance, and character of the principal/primary dwelling by incorporating design elements of the principal residence, including but not limited to similar façade materials, façade colors, window style/treatment, roof design and pitch. (5) A recreational vehicle, travel trailer, camper, or similar vehicle shall not be permitted to be used as an accessory dwelling unit. (6) No portion of a lot on which an accessory dwelling unit is located may be subdivided from or legally described differently than, the lot containing the primary residential unit, and no portion of a structure containing an accessory dwelling unit may have ownership different from the ownership of the primary dwelling unit. (7) A minimum of one parking space shall be dedicated to the accessory dwelling unit and provided on the same parcel/lot. Said parking space, whether open or within a detached or attached accessory building/garage, shall meet all dimensional and other requirements of the Code. (8) There shall be an unobstructed walkway leading from the public street to the ADU. (9) A site plan and a building plan meeting zoning code requirements shall be submitted to the Plan Commission for review and approval at the time of CUP application. Zoning Code Article XVII Division 2 – Parking Table amendments 1. Figure 2. Number of Off-Street Parking Spaces Required by Land Use. Changes made to multi-family dwellings to reflect three and four units specifically to state 3 units must have a minimum of 5 spaces page 6 of 7 with a minimum of 2 enclosed. 4 unit dwellings must have a minimum of 6 spaces and a minimum of 2 enclosed. Specific standards to be noted in Article XVI. 2. Figure 2. Number of Off-Street Parking Spaces Required by Land Use. Changes made to multi-family dwellings to reflect five or more units to denote 1 space per dwelling unit and 1 visitor space for every 4 units. Zoning Code Article XVII Division 3 – Single and 2 Family Drives amendments 1. Updates to code to add “Multiple-Family Dwelling (3 or 4 Units)” to single and two-family language. 2. Specific update to front yard parking space exception to note multi-family (3 or 4 units) are not permitted to utilize the front yard parking space exception. 3. Specific clarification to driveway stacking for 3 or 4 unit multi-family uses, as individual unit parking stall access must remain clear. Zoning Code Article XIX – Division 5, Sec. 44-1964(1) Landscaping Buffer update 1. Change to the perimeter landscape buffer code to reduce the buffer required for new non- residential or multi-family (five or more units) adjacent to residentially zoned or used property can be reduced to 8 feet if the property is both an infill and located in a mixed-use zoned district. 2. Change to the perimeter landscape buffer code to require a 25-foot buffer if a non-residential or multi-family (5 or more units) adjacent to residentially zoned or used property is three or more stories, rather than two. RECOMMENDATION Approve amendments to various sections of the Municipal Code as proposed. FISCAL IMPACT ATTACHMENTS 1. TA 24-02 Summary by category OCTOBER 2025 2. ZONING CODE - ART VI - RESIDENTIAL DISTRICTS OCTOBER 2025 3. ZONING CODE - ART VII - MIXED USE DISTRICTS AMENDED OCTOBER 2025 4. ZONING CODE - ART VIII - COMMERCIAL DISTRICT AMENDED OCTOBER 2025 5. ZONING CODE - ART XIX DIV 5 SEC 44-1964(1) LANDSCAPING BUFFER OCTOBER 2025 6. ZONING CODE - ART XVI SEC 44-1580 RESIDENTIAL LAND USE DEVELOPMENT STNDS OCTOBER 2025 7. ZONING CODE ART XVII DIV 2 SEC 44-1726 - PARKING TABLE AMENDED OCTOBER 2025 8. ZONING CODE ART XVII DIV 3 SEC 44-1746 SF & 2F DRIVES AMENDED OCTOBER 2025 9. SUBDIVISION CODE CHAPTER 36 - ART II - ZERO LOT LINE DWELLINGS OCTOBER 2025 10. SUBDIVISION CODE CHAPTER 36- ART VII DIV 3. BLOCKS, PEDESTRIAN WAYS, AND_LOTS - OCTOBER 2025 11. ZONING CODE - ART III DIV 2. - DEFINITIONS AMENDED OCTOBER 2025 page 7 of 7 PROPOSED CHANGES TO RESIDENTIAL, MIXED-USE AND COMMERCIAL ZONING DISTRICTS RELATED TO INCREASING HOUSING AFFORDABILITY (WILL ALSO REQUIRE CHANGES TO OTHER CHAPTERS OF THE MUNI CODE THAT REFERENCE AND/OR RESTATE REGS) Use Regula�ons 1. Purpose statements in mul�ple districts amended to reflect increased density and residen�al uses in commercial districts. 2. Duplexes (upper/lower) and two-family side-by-sides to be permited by-right in historically single-family (R-1) districts and allow s-f, duplexes and two-family side-by-sides by-right in mixed- use OR district. 3. Allow two-family side-by-sides to be divided into separate lots (with Building Code compliance). 4. 3-4 family mul�-family uses made condi�onal uses in historically S-F (R-1) districts. 5. Congregate living (shelters, rooming houses, boarding houses, dormitory, fraternity/sorority, convent/monastery, and nursing homes/assisted living) uses to be condi�onal uses in historically S-F districts and permited in historically M-F districts and mixed-use districts. 6. Allow accessory dwelling units (ADUs) with a condi�onal use permit (CUP) in all residen�al districts and the mixed use OR and NC districts. Add land development standards. 7. Adult daycare permited in all residen�al districts. 8. Residen�al support businesses like laundromats and health clubs be permited or condi�onal uses in mixed use districts and increase allowable area for said uses. a. Increased the allowable service and retail uses by 50% (2,500 sq � to 5,000 sq �) in historically S-F districts b. Increased the allowable service and retail uses by 50% (5,000 sq f to 7,500 sq �) in OR c. Increased the allowable service and retail uses from 40,000 sq � to unlimited sq � in D 9. Allow half of the first floor fron�ng the street in mixed-use buildings to be residen�al in mixed- use and commercial districts. 10. Hor�culture/gardening and outdoor kennels/exercise runs condi�onal uses in Downtown district. 11. Outdoor recrea�on and solar energy systems (as accessory uses) be permited uses in Downtown district. 12. Addi�onal accessory structures be allowed with CUP for M-F uses. 13. Mul�-family uses allowed in all commercial districts but must be at least ¼ mile from a intersec�on of an arterial or greater LOS right-of-way as well as being separated by ½ mile from another full mul�ple-family residen�al on the same corridor frontage. Dimensional Regula�ons 1. Reduc�on in required lot sizes a. S-F and duplex reduced by 34% (7,500 to 5,000 sq �) in R-1. b. Two-family side-by-sides reduced by 50% in R-1 (6,000 to 3,000 sq � per unit) and by 25% in R-2 & R-3 (4,000 to 3,000 sq � per unit). c. Increased the number of townhomes permited per acre from 15 to 17 (2,900 sq � per unit to 2,500 sq � per unit). d. Reduced sq � of lot area needed per mul�-family unit in R-3 from 1,500 sq � + 500 sq � per bedrooms over 1 to just 1,500 sq � per unit, regardless of # of bedrooms. e. Mul�-family uses reduced by 50% (2,000 sq � to 1,000 sq �) in OR. f. Mul�-family uses reduced by 25% (1,500 sq � to 1,000 sq �) in NC. g. Mul�-family uses reduced by 75% (1,000 sq � to 250 sq �) in D1. h. Mul�-family uses reduced by 100% (1,000 sq � to 0 sq �) in D2. 2. Reduc�on in required lot widths a. single-family and duplex lots from 75 � wide to 50 � wide in R-1. b. two-family side-by-sides lots from 80 � to 60 � in R-1. c. townhome lots from 24’ wide to 20’ wide in all districts allowed. 3. Reduc�on in setbacks a. Principal structure minimum setbacks in all residen�al districts (except RR), OR and NC. Front yard by 50% (15’ to 10’), Side Yards by 38% (8’ to 5’), and rear yards by 80% (25’ to 5’) and atached garage front yard by 10% (20’ to 18’). b. Minimum front yard setback for accessory structures for single-, two- and mul�family uses reduced by 55% (55’ to 25’) but require it to be behind the front façades of the principal structure. c. Minimum side yard setbacks for accessory buildings for mul�family reduced by 50% (10’ to 5’) in residen�al districts. d. Principal residen�al structure minimum setbacks in D districts: Front yard by 100% (10’ to 0’), Side Yards by 20% (6’ to 5’), and rear yards by 80% (25’ to 5’). e. Principal non-residen�al structure minimum setbacks in OR & NC districts. Side Yards and rear yards by 16% (6’ to 5’). f. Principal non-residen�al structure minimum setbacks in D district. Side Yards and rear yards by 100% (6’ to 0’). g. Landscaped buffers adjusted. Needed for 5 or more unit M-F rather than the current 3 or more units. Reduced for in-fill proper�es. Increase stories for increased buffer yard from two-story buildings to three story buildings. 4. Misc. Changes a. Increased maximum height from 45’/4 stories to 55’/5 stories in the R-3 district. Increased maximum height from 45’/4 stories to 55’/5 stories in the D1 district. Note that all heights can be increased above those listed with CUP. b. Removed minimum building width in all residen�al districts. c. Increased maximum impervious surface area for R-1 from 50 to 60%, R-2 and OR from 60 to 70%, and R-3 from 70 to 80%. d. Limit front facades of single- and two-family to contain no more than 60% garage entries. e. Increased 2nd accessory building size from 150 sf to 200 sf for one and two-family. Increased 1st accessory structure from 2,000 sf to 2,500 sf and 2nd accessory structure from 1,000 sf to 1,500 sf in RR. f. Increased maximum Floor Area Ra�o in OR district from 1 to 3, in the NC district from 2 to 3, in the D1 district from 3 to 5, and in the D2 district from 8 to unlimited. Parking Regula�ons 1. Parking for 3-4 family units as if they were a s-f or two-family use, except for minimum required stalls. Allow removal of some garage spaces if resident storage of at least 120 sf per unit is provided. - CODE OF ORDINANCES Chapter 44 - ZONING ARTICLE VI. RESIDENTIAL DISTRICTS ARTICLE VI. RESIDENTIAL DISTRICTS DIVISION 1. GENERAL PROVISIONS Sec. 44-551. Purpose. The residential districts are established to preserve and enhance the quality of living in residential neighborhoods, to regulate structures and uses which may affect the character or desirability of residential areas, to encourage a variety of dwelling types and locations and a range of population densities consistent with the City's comprehensive plan, and to ensure adequate light, air, privacy, and open space. The residential districts and their purposes are as follows: (1) R-1 Low-Density Residential District provides an environment of predominantly single-family dwellings on moderately sized lots. Infill development is encouraged on lots that are consistent in size and dimensions with the predominant lot size and type on adjacent parcels. Two-family and small lower density multifamily dwellings are permitted in limited numbers, consistent with the goals of promoting affordable housing and encouraging a variety of housing sizes and types in each neighborhood. (2) R-2 Medium-Density Residential District is established to provide an environment of moderate-density single- and two-family dwellings, townhouses, and small lower density multifamily dwellings buildings that are designed to be compatible with their neighbors. (3) R-3 Varied Density Residential District is established to provide for an environment of moderate- to high-density attached and multifamily housing designed to present an attractive appearance to neighboring streets and adjacent uses, to include sufficient private and semi-private outdoor space, and to be well integrated into their surroundings. (4) RR Rural Residential District is established to provide for limited large-lot development in areas of the City not yet served by public utilities, as defined by the Urban Reserve District (a municipal service district). In these areas, the intent is to facilitate future urban development in a cost-effective manner that allows for logical street connections and open space protection. In areas served by public utilities, the RR district provides a low-density residential environment and allows for the option of conservation subdivision design. (Code 1984, § 13.601) Sec. 44-552. Principal uses for the residential districts. (a) In general. Table 44-1, Principal Uses in the Residential Districts, lists all permitted and conditional uses allowed in the residential districts. (b) Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or modify a permitted use, excluding single-family residential uses, shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. (c) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as Green Bay, Wisconsin, Code of Ordinances Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 1 of 12 specified in Article II of this chapter, Administration. Condominiums are permitted in all residential districts per Wis. Stats. Ch. 703. (d) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Article II of this chapter, Administration, governing determination of substantially similar uses. (e) Specific development standards. Permitted and conditional uses specified with an "x" under the Specific development standards column shall be subject to the standards identified in Article XVI of this chapter, Land Use Development Standards. Table 44-1. Principal Uses in the Residential Districts District Use R-1 R-2 R-3 RR Dev. Stds. Residential Uses Dwellings Single-family dwelling, detached P P C P x Two-family dwelling - duplex (upper/lower) CP P P - x Two-family dwelling - semi-detached (side- CP P P - x by-side) Single-family attached dwelling, townhouse C C P — x Multiple-family dwelling, three or four units —C C P — x Multiple-family dwelling, more than four — — P — units Carriage-house Accessory Dwelling Unit C —C —C C x (ADU) Live-work unit C C C P x Short-term rentals (STRs) P P —P P x Congregate Living Rooming house, boarding house —C —C P — x Community living arrangement: Serving three to eight persons P* P* P* P* x Serving nine to 15 persons — — P* — x Serving 16 or more persons — — C — x Dormitory —C —C CP — x Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 2 of 12 Fraternity, sorority house C C CP — x Convent, monastery, seminary C PC P — x Nursing home, assisted living —C —C CP — x Transitional facility — — C — *A conditional use permit may be required for community living arrangement uses per the development standards (Section 44-1581) Educational Uses Adult daycare home CP P P —P x Family daycare home (8 or fewer children) P P P P x Group daycare center, preschool (9 or more — — P — x children) Institutional and Civic Uses Cemetery C C C P Community center, neighborhood center C C C — x Cultural institution C C C — x Existing Library * C P P — x Religious institution, place of worship C P P C x Public park, playground, recreation center P P P P Existing School, elementary or secondary* C C C — x Community gardens P P P P x *"Existing" means those elementary and secondary schools and libraries existing and in operation prior to the effective date of the Zoning Code: August 19, 2006 Commercial and Production Uses Bed and breakfast C C P C x Personal service (<2,500 5,000 sq. ft. in floor C C C — x area) General retail sales (<2,500 5,000 sq. ft. in C C C — x floor area) Outdoor commercial recreation — — — C x Agriculture — — — P Campground — — — P x Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 3 of 12 Public Service and Utility Uses Public safety/service facility P P P P x Telecommunication tower, wireless — C C C x communication facility Utility buildings and substations C C C C x Note: P = Permitted Use; C = Conditional Use. (Code 1984, § 13.602; Ord. No. 23-06; Ord. No. 34-09; Ord. No. 1-10; Ord. No. 10-15; Ord. No. 20-16; Ord. No. 10- 18 , § 4, 6-19-2018) Sec. 44-553. Site design considerations. Development of land within the residential districts shall follow established standards for traffic circulation, landscape design, and other considerations as specified in Article XVI of this chapter, Land Use Development Standards, and Article XIX of this chapter, Site Plan Review. (Code 1984, § 13.603) Sec. 44-554. Lot dimension and building bulk requirements. Lot area and setback requirements shall be as specified in Table 44-2, Lot Dimension and Setback Requirements. Table 44-2. Lot Dimension and Setback Requirements, Residential Districts R-1 R-2 R-3 RR Minimum Lot Area (sq. ft.) Single-family detached dwelling 7,500 5,000 5,000 5,000 10,000a Two-family dwelling - duplex 7,500 5,000 5,000 5,000 - (upper/lower) Two-family dwelling - semi- 6,000 3,000 4,000 3,000 4,000 3,000 - detached (side-by-side) per unit Single-family attached, — 2,500 or 2,500 or 2,500 or 1517 - townhouse 17 1517 units/ac units/acre units/ac (the lesser)d (the lesser)d (the lesser)d Multifamily dwelling (per unit) — 2,000 sq 1,500 sq ft 1,500 sq ft *See - ft *See *See Section 44-557 Section 44- Section 44- 557 557 Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 4 of 12 All other uses (per lot): 10,000 10,000 10,000 10,000a Minimum Lot Width (feet) Single-family detached dwelling 75 50 45 45 75 Two-family dwelling - duplex 75 50 45 45 - (upper/lower) Two-family dwelling - semi- 40 60 30 60 30 60 - detached (side-by-side) Single-family attached, 20 25 20 20 - townhouse (per unit)c Multifamily dwelling (per --- 40 40 - building) Minimum Building Width (feet) None See noteb Maximum Height (feet/stories) 35/2.5g f 35/3g f 45/4 55/5 f 35/2.5f Building Setback Requirements (feet) h Front yard 1510 c, h b, g 1510 c, h b, g 1510 c, h b, g 20 c, h b, g Side yard e, f, i d, e 6/8 5 ea.j 6 5 ea. 10 5 ea.j 6/8 ea.j Rear yard 25 5 25 5 25 5 25 Garages (attached) 20 18 20 18 20 18 25 Notes to Table 44-2: a For lots in the RR district without City services, minimum lot area shall be ten acres. Other lot dimensions shall be as specified in Table 44-2. See Section 44-555. b The minimum building width on any side shall be at least 22 feet, not including any entryways or other structures that do not run the full length of the building. bc Where at least 50 percent of the front footage of any block is built up with principal structures, the front yard setback for new structures shall be equal to the average of the existing structures, except that any structure which is set back 20 percent more or less than the average may be discounted from the formula. cd If townhouses are developed on parcels where only the land immediately beneath each dwelling unit constitutes an individually-described lot and all other land constitutes common properties, the density requirement rather than the minimum lot size shall apply to the entire parcel. de Side yards: Setbacks shall apply to the ends of attached or semi-detached dwellings. ef Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. If no structure exists on the adjacent property, the setback shall be a minimum of one-half the required front yard setback of the subject property's zoning district. Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 5 of 12 fg Heights of structures may be increased with a conditional use permit as permitted in Section 44-83. gh Covered porches are permitted in the front setback compliant with the conditional use permit requirements found in Section 44-83. A porch proposed for a designated historic property or a contributing building within a historic district may be constructed within a front and/or side yard setback provided the porch is historically appropriate or a restoration of a significant architectural feature of the original structure. h Note that screening / buffer yard setbacks located in Article XIX, Division 5 of this code may supersede the setback requirements i Lots containing less than 60 feet of public street frontage may have a side yard reduction to six feet for primary buildings. j For single and two-family uses, six feet for a single story, eight feet for 1½ stories or greater. (Code 1984, § 13.604; Ord. No. 11-14; Ord. No. 15-14) Sec. 44-555. Unserviced lots, RR District. All lots developed without City sewer and public water service shall meet the following standards: (1) Lots, houses, and other structures, driveways, and any new streets shall be located in compliance with the comprehensive plan and any more detailed area plans for future roads, utilities, and drainage. (2) The Plan Commission may require a sketch plan showing how the entire tract could be divided when City services become available. Lots and buildings shall be sited and streets shall be laid out to facilitate future subdivision. (3) The ten-acre limit in the RR District may be reduced subject to the following development standards: a. It is relatively similar to other existing parcels in the area. b. An area development plan is submitted and approved for the remaining property and the parcel being created. c. All efforts should be taken to ensure that the existing home and lot will: 1. Comply with future setbacks. 2. Fit with the surrounding future development and the parcels future development. 3. Provide for existing utilities, septic and well currently servicing the home. d. Lot size will be determined by the Plan Commission based on a reasonable determination of the area development plan and future lot lines. e. Remnant parcel shall not be less than ten acres, except in cases where a remnant parcel is part of a division of land for the purposes of acquisition of public property and/or public use. f. The maximum lot to be created should not be greater than 2½ acres. g. The land division should meet all remaining standards of Chapter 36, Subdivisions. (Code 1984, § 13.605; Ord. No. 38-08; Ord. No. 10-14) Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 6 of 12 Sec. 44-556. Lot area requirement, R-1 and R-2 Districts. The lot area requirement for multifamily uses in the R-1 and R-2 Districts is 2,000 square feet per unit one bedroom dwelling unit plus 500 square feet for each additional bedroom within the dwelling unit. In the case of boarding homes, dormitories, hospitals, and other residential facilities, the area requirement shall be 1,000 square feet for each resident occupancy of the structure. (Code 1984, § 13.606) Sec. 44-557. Lot area requirement, R-3 District. The lot area requirement for multifamily uses in the R-3 District is 1,500 square feet per unit one bedroom dwelling unit plus 500 square feet for each additional bedroom within the dwelling unit. In the case of boarding homes, dormitories, hospitals, and other residential facilities, the area requirement shall be 1,000 square feet for each resident occupancy of the structure. (Code 1984, § 13.607) Sec. 44-558. Housing density bonus, R-3 District. In the R-3 District, sites of three acres or more should include at least two of the following housing types: multifamily apartments of three or four units, multifamily apartments of five or more units, senior apartments, townhouses, duplexes, and semi-detached dwellings. For such developments, the number of units permitted may be increased by up to ten percent above the maximum number of units specified in Section 44-557, if the following requirements are met: (1) Two or more of the above-listed housing types are provided. (2) Each housing type may comprise no less than ten percent of the total number of units. (Code 1984, § 13.608) Sec. 44-559. Maximum impervious surface coverage. Impervious surface, including all buildings, drives, and other paved areas, shall not cover more than 40 percent of any zoning lot located in the RR District, 50 60 percent of any zoning lot located in the R1, 60 70 percent of any zoning lot in the R2 Districts, or 70 80 percent of any zoning lot in the R3 District. See the following graphic. Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 7 of 12 Impervious Surface Coverage (Code 1984, § 13.609) Sec. 44-560. Planned Unit Developments and Traditional Neighborhood Developments. A Planned Unit Development or Traditional Neighborhood Development plan may be submitted for consideration within any residential district, subject to the requirements and standards established in Article XX of this chapter, Planned Unit Development Standards, and Article XIV of this chapter, Traditional Neighborhood District. (Code 1984, § 13.610) Sec. 44-561. Parking and loading requirements. Parking and loading requirements for uses in the residential districts shall be as set forth in Article XVIII of this chapter, Off-Street Parking, Drives, and Loading. (Code 1984, § 13.611) Sec. 44-562. Signs. Sign requirements for uses in the residential districts shall be as specified in Chapter 30, Signs. (Code 1984, § 13.612) Secs. 44-563—44-587. Reserved. DIVISION 2. ACCESSORY USES AND STRUCTURES Sec. 44-588. General requirements. Accessory uses and structures in the residential districts shall comply with the following standards and all other applicable regulations of this chapter: Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 8 of 12 (1) No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. (2) The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. (3) The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. (4) The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. (5) The accessory use or structure shall be located on the same zoning lot as the principal use or structure. (Code 1984, § 13.613) Sec. 44-589. Permitted accessory uses. Table 44-3. Permitted Nonresidential Accessory Uses in the Residential Districts Use R1, R2 R3 RR Dev. Stds. Antennas, satellite dishes, and similar P P P X equipment as regulated by Article XVI of this chapter Boarding or renting of rooms to not more P P P than two persons Buildings temporarily located for P P P construction purposes Fences P P P X Gardening and other horticultural uses P P P Home-based occupations P P P X Private garages, carports, and parking P P P spaces Private swimming pools, tennis courts, P P P X indoor exercise facilities, community meeting rooms, and other recreational facilities that are operated for the sole use and convenience of the residents of the principal use and their guests Tool houses, sheds, and similar buildings P P P — Parking, structured P X Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 9 of 12 Outdoor kennel or exercise run for P — P X household pets Retail, office, or service uses designed for P X residents of a multifamily building or complex of limited size and wholly contained within the principal structure On parcels of ten acres or more, keeping of — — P X domestic animals, such as horses or ponies, sheep, goats, or domestic fowl, provided that no more than one horse, pony, sheep, goat, or similar large farm animal may be kept per acre of property. Animal feedlot operations and pig farms are not permitted. Barns and pens for domestic animals are permitted Antennas, satellite dishes, and similar P P P X equipment Parking (surface) P P P Parking (structured) C P X Signs, as regulated by Chapter 30 P P P Small wind energy systems C C C X Solar energy systems, flush roof-mount P P P Solar energy systems, other than flush roof- C P P X mount Telecommunication facilities C C C X Waste and recycling storage P P P X Note: P = Permitted Use; C = Conditional Use. (Code 1984, § 13.614; Ord. No. 36-09; Ord. No. 1-11; Ord. No. 9-12; Ord. No. 13-14) Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 10 of 12 Sec. 44-590. Residential accessory buildings. (a) In general. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. (b) Attached structures. An accessory structure shall be considered attached and an integral part of the principal structure when it is connected by an enclosed passageway. Such structures shall be subject to the following requirements: (1) The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located. (2) No more than 60% of the principal structures ground floor front façade length may be made of attached accessory structure façade. a. Exception to the maximum front façade length will be made for side-loaded accessory structures where entry doors are not street facing. (2) In no case shall the total floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal building located on the same lot. (3) Attached garages may not exceed the height of the principal structure. (c) Detached structures. Detached accessory structures shall be permitted in residential districts in accordance with the requirements shown in Table 44-4 and as follows: (1) Detached accessory structures shall be located to the side or rear of the principal building and are not permitted in front of the principal structures front or corner side façade and the within the required front yard or within a side yard abutting a street. (2) The maximum size may be increased upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. (3) Structures with a metal exterior finish exceeding 120 square feet shall be permitted only by conditional use permit. (4) No more than 30 percent of the required rear yard area may be covered by accessory structures. (5)(4) Distance between structures shall be measured from wall to wall. Table 44-4. Requirements for Detached Accessory Structures, Residential Districts Use One- or Two-Family Townhouse or RR District, Residential Use and Multifamily 10 Acres or More townhouse Residential Use Number of structures allowed 2i 1 per unit principal 2 building g Maximum size - 1st structure 1,000 sq. ft./dwelling 10 percent of lot area* 2,000 2,500 sq. ft. unit Maximum size - 2nd structure 150 200 sq. ft. 150 sq. ft. N/A 1,000 1,500 sq. ft. Maximum heightc 16 feetd 16 feetd 20 feetd Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 11 of 12 Maximum side wall heightc d 10 feet 10 feet 10 feet Required Setbacks h Front yardef 55 25 feet 55 25 feet 55 feet Side yarda, e 4 feet 10 5 feet 15 feet Rear yardb, e 4 feet 10 5 feet 15 feet Between structures 3 feet 3 feet 3 feet Notes to Table 44-4: a One- and two-family lots less than 60 61feet in width only require a 2½-foot side yard for detached accessory structures. b One- and two-family lots less than 90 91 feet in depth only require a 2½-foot rear yard for detached accessory structures. c Maximum height and maximum side wall height may be increased to a height no greater than that of the principal structure located on the same lot provided the accessory structure is used as a carriage-house dwelling. d Heights of structures may be increased with a conditional use permit as permitted in Section 44-83. e A corner yard setback may be reduced where at least 50 percent of the front footage of any block is built up with principal structures, the corner yard setback for new structures shall be equal to the average of the existing structures, except that any structure which is setback 20 percent more or less than the average may be discounted from the formula. In no case shall the setback be less than 15 feet and shall only apply to corner lots of two intersection rights-of-way. f May not be between the principal structures front or corner side yard façade and the right-of-way g Additional accessory structures shall be permitted with a CUP h Note that screening / buffer yard setbacks located in Article XIX, Division 5 of this code may supersede the setback requirement I One accessory dwelling unit with an approved CUP does not count as additional accessory structure. Code 1984, § 13.615; Ord. No. 25-09) Secs. 44-591—44-613. Reserved. Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 12 of 12 - CODE OF ORDINANCES Chapter 44 - ZONING ARTICLE VII. MIXED-USE DISTRICTS ARTICLE VII. MIXED-USE DISTRICTS DIVISION 1. GENERAL PROVISIONS Sec. 44-614. Purpose. The mixed-use districts are established to encourage a mix of compatible land uses in a variety of locations and scales in order to create more vital and walkable activity centers within neighborhoods and the downtown and consistent with the City's comprehensive plan. The mixed-use districts are as follows: (1) The Office-Residential (OR) District is a transitional mixed-use district intended for edges of downtown or segments of commercial corridors where there is some development pressure to convert residential uses to offices or higher density residential uses. Multiple family housing, small office and service establishments are permitted as of right in compliance with specific design standards, while larger or more intense office, service, or limited retail would be allowed only by conditional use permit. (2) The Neighborhood Center (NC) District is intended to apply to small neighborhood commercial nodes and to encourage development that is transit-oriented, which is supportive of and supported by public transit. Permitted uses include limited size retail, office, and service uses, attached and medium density multifamily housing, and supportive civic uses, such as daycare. (3) The Downtown (D) District is designed specifically for the downtown core on both sides of the Fox River, permitting a full range of high-intensity uses: retail, multifamily housing, offices, entertainment, and civic uses. It is divided into two sub-districts (D1 and D2) with differing maximum heights and floor area ratios to recognize the distinctly different building types and character of development found in the central business district, the Broadway District, and the Olde Main Street District. (Code 1984, § 13.701) Sec. 44-615. Principal uses for the mixed-use districts. (a) In general. Table 44-5, Principal Uses in the mixed-use districts, lists all permitted and conditional uses allowed in the mixed-use districts. (b) Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or modify a permitted use, excluding single-family residential uses, shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. Condominiums are permitted in all mixed-use districts per Wis. Stats. Ch. 703. (c) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Article II of this chapter, Administration. (d) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Article II of this chapter, Administration, governing determination of substantially similar uses. Green Bay, Wisconsin, Code of Ordinances Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 1 of 12 (e) Specific development standards. Permitted and conditional uses specified with an "x" under the development standards column shall be subject to the standards identified in Article XVI of this chapter, Land Use Development Standards. Table 44-5. Principal Uses in the Mixed-Use Districts Use OR NC D Dev. Stds. Residential Uses Dwellings Single-family dwelling, detached C —C — Two-family dwelling, duplex (upper/lower) or C —C — semi-detached (side-by-side) Attached single-family dwelling, townhouse P P P Multiple-family dwelling P P P Carriage-house Accessory Dwelling Unit (ADU) PC PC — x Live-work unit P P P Congregate Living Rooming house, boarding house, shelter facility C C C x Community living arrangement: Serving 3 to 8 persons P* P* — x Serving 9 or more persons C C C x Dormitory CP CP —C x Fraternity, sorority house CP CP — x Convent, monastery, seminary C — C x Nursing home, assisted living CP C C x Transitional facility — — C *A conditional use permit may be required for community living arrangement uses per the development standards (Section 44-1581) Educational Uses School, elementary or secondary P P P x College, university, etc. P P P x School, specialty or personal instruction P P P x Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 2 of 12 Adult/family daycare home (8 or fewer children) P P P x Group daycare center, preschool (9 or more P P P x children) Institutional and Civic Uses Cemetery — — — Community center, neighborhood center P P P Cultural institution P P P x Library P P P Public park, playground, recreational center P P P Religious institution, place of worship P P P x Clinic, healthcare facility P P P x Community gardens P P P x Public Service and Utilities Public safety/service facility P P P X Telecommunication facility, wireless C C C X communication facility Governmental buildings and structures P P P Public utility buildings and structures C C C Offices General office P P P Government office P P P Bank or other financial institution (drive- P P P X through is C) Medical office, clinic P P P Artist's studio P P P Commercial Accommodation and Food Service Uses Bed and breakfast P P P X Hotel, inn —C P P Restaurant,* not including drive-through P P P Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 3 of 12 Restaurant with drive-through — C — X Tavern, bar* C C P Service businesses Personal service** P P P Business service** P P P Building maintenance, janitorial service — P P Catering service P P P Day labor agency — — C X Funeral home P P P Furniture and appliance rental and leasing — P P Laundromat —P P P Printing and publishing establishment — P P Small appliance repair service P P P Tool/equipment rental facility — P P Animal hospital, veterinary clinic P P P X Animal grooming establishment P P P X Retail Sales General retail sales** C P P Contractor showroom — C P Currency exchange — — C Firearms sales and service — — P X Greenhouse, lawn and garden supply store — P P X Pawnshop — — C Secondhand goods store, consignment store C P P Production, Processing, and Storage Uses Limited production and processing — — C X Commercial Recreation and Entertainment Convention center — — P Health club, fitness center —C P P Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 4 of 12 Indoor recreation (bowling, billiards, etc.) — C P Restaurant or bar with entertainment, — — C nightclub* Theater, assembly hall — P P X Vehicle services Convenience store — C C X Fueling/gas/service station — C C X Motor vehicle repair, minor C C X Parking structure (principal use) —C —C C Surface parking lot (principal use) C —C — Note: P = Permitted Use; C = Conditional Use. * Any establishment at which primarily alcohol beverages are served must also meet the requirements of Chapter 10, Businesses. ** See definitions section for complete list of uses. (Code 1984, § 13.702; Ord. No. 1-10; Ord. No. 6-12; Ord. No. 10-15; Ord. No. 10-18 , § 5, 6-19-2018) Sec. 44-616. Combination of uses on a lot. Any permitted and conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this chapter, including any specific development standards. (Code 1984, § 13.703) Sec. 44-617. Use restrictions. (a) In mixed-use buildings, residential uses shall not be permitted to dominateon the ground floor. A maximum of 50 percent of first floor building façade(s) fronting a the primary public street may be residential in use and design. (b) Warehousing areas accessory to retail sales shall be limited to 30 percent of gross floor area. (c) Drive-through uses, whether primary or accessory, are not allowed except by conditional use permit. (Code 1984, § 13.704) Sec. 44-618. Enclosed building requirement. All business activities, except for off-street parking and loading, shall take place within completely enclosed buildings, except as provided in subsections (1) through (3) of this section. Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 5 of 12 (1) Outdoor sales and display. Retail merchandise may be displayed on a temporary basis on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere with pedestrian or vehicle traffic or encroach upon landscaped areas. The following uses may include permanent outdoor sales and display, in compliance with the specific development standards for such uses: a. Automobile sales and rental. b. Garden supply store. (2) Outdoor dining areas. Outdoor dining areas may be allowed as a seasonal temporary use, in compliance with the specific development standards for such uses. (3) Outdoor speakers. Outdoor speakers shall not be audible from a residential use or residential district boundary. (Code 1984, § 13.705) Sec. 44-619. Site design considerations. Development of land within the mixed-use districts shall follow the following standards, as well as those specified in Article XVI of this chapter, Land Use Development Standards, and Article XIX of this chapter, Site Plan Review. (1) If a structure originally designed for commercial use is converted wholly or partially to residential use, the elements of traditional storefront design, where present, shall be retained. These include door and window openings, display windows, intermediate cornice lines, sign bands, awnings, arcades, and primary entrances facing the public street. (2) Building materials. All building facades shall be designed with architecturally-finished materials. Durable materials, such as masonry or stucco, shall be used on all street-facing facades. Metal pole barn structures are prohibited. (3) All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of comparable materials and designed in a manner consistent with the original design unless the entire building is being renovated. (4) Signs shall be placed so as not to obscure the architectural features of the principal building and shall be designed to be compatible in materials, size, and appearance with the principal building. (Code 1984, § 13.706) Sec. 44-620. Dimensional and area requirements. Lot area and setback requirements shall be as specified in Table 44-6. Table 44-6. Dimensional and Area Requirements, Mixed-Use Districts OR NC D Minimum Lot Area (sq. ft.) Singel-family and Two-family dwelling, Regulated as if in the R-1 District N/A duplex (upper/lower) or semi-detached (side-by-side) Created: 2021-06-04 15:04:13 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 6 of 12 Single-family attached (townhomes) and 2,500 per unit 2,000 per unit live-work units Multifamily dwelling (per unit) 2,0001,000 per 1,500 1,000 per 1,000 250 per unit (D1) unit unit None (D2) Nonresidential or mixed-use 5,000 None None Floor Area Ratio Minimum 0.3 0.5 1.0 Maximum 1.0 3.0 2.0 3.0 3.0 5.0 (D1) 8.0 None (D2) Maximum ground floor area, retail and 5,000 s.f. 5,000 7,500 s.f. 40,000 s.f. None service usesa Minimum Lot Width (feet) Single-family and Two-family dwelling, Regulated as if in Regulated as if in N/A duplex (upper/lower) or semi-detached the R-1 District the R-1 District (side-by-side) Single-family attached (townhome) and 24 20 24 20 24 20 live-work units Multifamily dwelling None None None All other uses 50 None None Maximum Height (feet) 35h 35 h (45 by CU) 45 55 (D1)h none (D2) Minimum Building Width See noteb Maximum Impervious Surface Coverage 6070% 80% 100% Setbacks - Residential Uses Front yard minimum 1510 c 1510 c 10 None c Front yard maximum 25 c 25 c 20 15 c Side yardd, e 16 (total) 6 min. 5 12 (total) 5 12 (total) 5 Rear yard 25 5 25 5 25 5 Setbacks - Nonresidential and Mixed-Uses Front yard minimum None None None Front yard maximumf 20 20 15 Side yard 65 6g 5 6g None Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 7 of 12 Rear yard 65 6g 5 6g None Notes to Table 44-6: a Maximum ground floor area for retail or service uses may be exceeded as a conditional use. b For residential structures, the minimum building width on any side shall be at least 22 feet, not including any entryways or other structures that do not run the full length of the building. c Where at least 50 percent of the front footage of any block (from intersecting street to intersecting street) is built up with principal structures, the front yard setback for new structures shall be equal to the average of the existing structures, except that any structure which is set back 20 percent more or less than the average may be discounted from the formula. d Side yards are required only for dwelling units on the ends of townhouse buildings. Minimum size is one- half of the total distance shown in the table. e Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. If no structure exists on the adjacent property, the setback shall be a minimum of one-half the required front yard setback of the subject property's zoning district. f At least 60 percent of the front facade must fall between the maximum setback and minimum setback lines. g In the NC and D Districts, side and rear yards shall be required when a nonresidential use adjoins a side yard or rear yard of a residential property or as necessary to provide access for deliveries, loading, etc. h Heights of structures may be increased with a conditional use permit as permitted in Section 44-83. (Code 1984, § 13.707) Sec. 44-621. Planned Unit Developments and Traditional Neighborhood Developments. A Planned Unit Development or Traditional Neighborhood Development plan may be submitted for consideration within any mixed-use district, subject to the requirements and standards established in Article XX of this chapter, Planned Unit Development Standards, and Article XIV of this chapter, Traditional Neighborhood Development. (Code 1984, § 13.708) Sec. 44-622. Parking and loading requirements. Parking and loading requirements for uses in the mixed-use districts shall be as set forth in Article XVIII of this chapter, Off-Street Parking, Drives and Loading, and in the requirements for the individual mixed-use districts. (Code 1984, § 13.709) Sec. 44-623. Signs. Sign requirements for uses in the mixed-use districts shall be as specified in Chapter 30, Signs. (Code 1984, § 13.710) Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 8 of 12 Secs. 44-624—44-649. Reserved. DIVISION 2. ACCESSORY USES AND STRUCTURES Sec. 44-650. General requirements. Accessory uses and structures in the mixed-use districts shall comply with the following standards and all other applicable regulations of this chapter: (1) No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. (2) The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. (3) The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. (4) The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. (5) The accessory use or structure shall be located on the same zoning lot as the principal use or structure. (Code 1984, § 13.711) Sec. 44-651. Residential accessory buildings. The standards applicable to accessory buildings in the residential districts shall apply (Article VI of this chapter). (Code 1984, § 13.712) Sec. 44-652. Nonresidential accessory buildings. (a) Attached structures. An accessory structure shall be considered attached and an integral part of the principal structure when it is connected by an enclosed passageway or common wall. Such structures shall be subject to the following requirements: (1) The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located. (2) In no case shall the total floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal building located on the same lot. (3) The structure shall not exceed the height of the principal building to which it is attached. (b) Detached structures. Detached accessory structures shall be permitted in mixed-use districts in accordance with the requirements shown in Table 44-7 and as follows: (1) Detached accessory structures shall be located to the side or rear of the principal building’s front facade and are not permitted within the required front yard or within a side yard abutting a street, except that a surface parking lot or structure may be located within a side yard. (2) The structure shall meet the required rear and side yard setbacks for a principal structure, as established for the zoning district in which it is located. Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 9 of 12 (3) The total floor area of a detached accessory building shall not exceed the ground floor area of the principal building located on the same lot. (4) The maximum size of a detached accessory building may be increased by up to 25 percent upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. (5) Structures with a metal exterior finish exceeding 120 square feet shall be permitted only by conditional use permit within OR and NC Districts. Structures with metal exterior finish are not permitted within the D Districts. (Code 1984, § 13.713) Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 10 of 12 Sec. 44-653. Permitted accessory uses. Permitted accessory uses are as shown in Table 44-7. Table 44-7. Permitted Accessory Uses in the Mixed-Use Districts Use OR NC D Dev. Stds. Uses Accessory to Dwellings Antennas, satellite dishes, and similar P P P equipment as regulated by Article XVI of this chapter Boarding or renting of rooms to not more than P P P two persons Fences P P P X Gardening and other horticultural uses P P —C Home-based occupations P P P X Outdoor kennel or exercise run P P —C X Private garages, carports, and parking spaces P P P Private swimming pools, tennis courts, indoor P P CP exercise facilities, community meeting rooms, and other recreational facilities that are operated for the sole use and convenience of the residents of the principal use and their guests Small wind energy systems C C C X Solar energy systems CP CP P X Tool houses, sheds, and similar buildings P P P — Uses Accessory to Nonresidential Uses Antennas, satellite dishes and similar P P P X equipment Carwash (automatic) when accessory to an — C C X auto service station in compliance with Article XVI of this chapter Music (outdoor live or amplified music) — — C X Off-street loading docks C P P X Outdoor display of vehicles — — C X Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 11 of 12 Outdoor commercial recreation — C C X Outdoor sales, display, and storage See Section 44-618 X Parking (surface) P P P Parking (structured) C C P X Parking and storage of vehicles licensed to a P P P X business Signs, as regulated by Chapter 30 P P P Small wind energy systems C C C X Solar energy systems CP CP P X Telecommunication facilities C C C X Warehousing, incidental repair, or processing — P P X necessary to conduct a permitted principal use, conducted within principal building, not exceeding 25% of total floor area Waste and recycling storage P P P X (Code 1984, § 13.714; Ord. No. 36-02; Ord. No. 1-11; Ord. No. 7-12; Ord. No. 9-12) Secs. 44-654—44-679. Reserved. Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 12 of 12 - CODE OF ORDINANCES Chapter 44 - ZONING ARTICLE VIII. COMMERCIAL DISTRICTS ARTICLE VIII. COMMERCIAL DISTRICTS DIVISION 1. GENERAL PROVISIONS Sec. 44-680. Purpose. The commercial districts are established to provide a range of goods and services for City residents within the City's existing commercial corridors and districts, to promote employment opportunities and the adaptive re- use of existing commercial buildings, and to maintain and improve compatibility with surrounding areas. In all of the commercial districts, consideration should be given to building and site design to provide for efficient and well- integrated use of land, to ensure compatibility with adjacent zoning districts, to control traffic, and to improve the pedestrian environment. The commercial districts are as follows: (1) C1 General Commercial is intended for use along the City's primary commercial corridors where moderate-intensity retail, office, and service uses are planned. Businesses that typically involve outdoor display, storage, and/or sales, motor vehicle repair, and other intensive or outdoor uses are discouraged. (2) C2 Highway Commercial is intended for use in locations along the City's commercial corridors where automobile-oriented businesses already dominate or are planned. Businesses that typically involve outdoor display, storage, and/or sales, motor vehicle repair, and other intensive or outdoor uses should locate in this district. (3) C3 Community Center Commercial is intended to provide for major commercial districts that serve a significant segment of the City's population. It is characterized by businesses that are major traffic generators requiring access from major thoroughfares, such as shopping centers and "big box" retail establishments. While these businesses are usually characterized by indoor operations, certain permitted uses may include limited outdoor activities. (Code 1984, § 13.801) Sec. 44-681. Principal uses for the commercial districts. (a) In general. Table 44-8lists all permitted and conditional uses allowed in the commercial districts. (b) Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or modify a permitted use shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. (c) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Article II of this chapter, Administration. Condominiums are permitted in all commercial districts per Wis. Stats. Ch. 703. (d) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Article II of this chapter, Administration, governing determination of substantially similar uses. Green Bay, Wisconsin, Code of Ordinances Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 1 of 11 (e) Specific development standards. Permitted and conditional uses specified with an "X" under the development standards column shall be subject to the standards identified in Article XVI of this chapter, Land Use Development Standards. Table 44-8. Principal Uses in the Commercial Districts Use C1 C2 C3 Dev. Stds. Office Uses General office P P P Government office P P P Bank or other financial institution P P P Medical office, clinic P P P Artist's studio P P P Commercial Uses Accommodation and Food Service Uses Bed and breakfast P P P X Hotel, inn C P P Motel — C C Restaurant,* not including drive-through P P P Restaurant* with drive-through C P P X Tavern, bar* C C P X Service Businesses Personal service** P P P Business service** P P P Building maintenance, janitorial service P P P Catering service P P P Day labor agency C C C X Funeral home, crematory P P P Furniture and appliance rental and leasing P P P Laundromat P P P Pet grooming establishment P P P Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 2 of 11 Printing and publishing establishment P P P Small appliance repair service P P P Tool/equipment rental facility P P P Animal hospital, veterinary clinic P P P X Animal grooming establishment P P P X Animal boarding facility, kennel P P P X Material recovery facility (minor) C C — Retail Sales Auto title loan business C C C X General retail sales** P P P Building material sales C P P Contractor showroom P P P Currency exchange — C C Firearms sales and service P C C X Greenhouse, garden supply store C P P X Pawnshop P P P Payday loan business C C C X Pet store P P P Secondhand goods store, consignment store C P P Production, Processing, and Storage Uses Limited production and processing C C C X Commercial Recreation and Entertainment Convention center — — — Health clubs, fitness centers P P P Indoor recreational facility P P P Marina — C C Outdoor commercial recreation area — C C X Restaurant or bar with entertainment, C — C nightclub* Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 3 of 11 Theater, assembly hall P — P X Vehicle Services Automobile rental — P C X Automobile sales - used or new — P C X Carwash — P C X Convenience store — P C Fuel/gas/service station — P C X Motor vehicle repair, major P C X Motor vehicle repair, minor C P C X Parking structure (principal use) C C P Surface parking lot (principal use) C C C Drive-through facility P P P X Residential Uses Dwellings*** Single-family dwelling, detached — — — Two-family dwelling, duplex or semi-detached — — — Attached single-family dwelling, townhouse — — — Multiple-family dwelling P P P Carriage-house dwelling Accessory Dwelling — — — Unit (ADU) Live-work unit P P P X Congregate Living Community living arrangement C — — X Dormitory C — — X Nursing homes, assisted living C C — Educational Uses School, grades K-12 C — C X College, university, etc. C — C X School, specialty or personal instruction, etc. C C X Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 4 of 11 Adult/family daycare facility (8 or fewer P P P X children) Group daycare facility (9 or more children) P P P X Institutional and Civic Uses Cemetery — — — Community center P P P Cultural institution P P P X Library P P P X Park, playground, recreational center P P P Religious institution, place of worship P P P X Clinic, healthcare facility P P P Public Service and Utilities Public safety/service facility P P P Telecommunication tower, wireless C C C X communication facility Note: P = Permitted Use; C = Conditional Use. * Any establishment at which primarily alcohol beverages are served must also meet the requirements of Chapter 10, Businesses. ** See definitions section for complete list of uses. *** Only Residential uses are permitted when located above the ground floor. Full residential developments with residential uses on the ground floor must be a minimum distance of ¼ mile (1,320 feet) from any right-of-way intersection of an arterial street, freeway or highway as well as being separated a minimum of ½ mile (2,640 feet) from any other full residential development along the same street frontage/corridor. (Code 1984, § 13.802; Ord. No. 11-06; Ord. No. 8-09; Ord. No. 20-09; Ord. No. 37-09; Ord. No. 1-10; Ord. No. 6-12; Ord. No. 10-18 , § 6, 6-19-2018) Sec. 44-682. Combination of uses on a lot. Any permitted and conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this chapter, including any specific development standards. More than one principal building on a lot may be permitted as a conditional use, subject to the standards of Article XIX of this chapter, Site Plan Review. (Code 1984, § 13.803) Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 5 of 11 Sec. 44-683. Use restrictions. (a) In mixed-use buildings, residential uses shall not be permitted to dominateon the ground floor. A maximum of 50 percent of first floor building façade(s) fronting a the primary public street may be residential in use and design. (b) Warehousing areas accessory to retail sales shall be limited to 40 percent of gross floor area. (c) Outdoor dining areas. Outdoor dining areas may be allowed as a seasonal temporary use, in compliance with the development standards for such uses. (d) Outdoor speakers. Outdoor speakers shall not be audible from a residential use or residential district boundary. (Code 1984, § 13.804) Sec. 44-684. Outdoor storage and display, C1 and C3 Districts. (a) In the C1 and C3 Districts, outdoor storage, sales, or display are permitted only when accessory to the following uses: (1) Greenhouse, garden supply store (2) Building material sales (b) Where permitted, outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park, or residential property, in compliance with Section 44-1964. Outdoor sales and display areas shall be separated from any adjacent street, sidewalk, or public walkway by a low landscaped screen, in compliance with Section 44-1918. (c) Temporary/seasonal display. Retail merchandise may be displayed on a temporary basis when accessory to a permitted or conditional use. Display areas may be located on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere pedestrians, vehicle traffic, or required parking spaces in conflict with other sections of the Municipal Code. Storage and display of merchandise shall be setback ten feet from any property line and shall not exceed 100 square feet in total area. A temporary use permit shall be required, as specified in Article V of this chapter. Those sites exceeding 100 square feet in storage and/or display area are required to obtain a conditional use permit (CUP) per Section 44-83. (Code 1984, § 13.805; Ord. No. 10-17) Sec. 44-685. Outdoor storage and display, C2 District. (a) In the C2 District, outdoor storage, sales, or display are permitted only when accessory to the following uses: (1) Building material sales. (2) Auto service station, in compliance with Article XVI of this chapter, Land Use Development Standards. (3) Automobile rental or sales. (4) Sales and/or service of watercraft, recreational vehicles, and agricultural equipment. (5) Outdoor commercial recreation. Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 6 of 11 (b) Where permitted, outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park, or residential property, in compliance with Section 44-1964. Outdoor sales and display areas shall be separated from any adjacent street, sidewalk, or public walkway by a low landscaped screen, in compliance with Section 44-1918. (c) Temporary display. Retail merchandise may be displayed on a temporary basis when accessory to a permitted or conditional use. Display areas may be located on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere with pedestrian or vehicle traffic in conflict with other sections of the Municipal Code or encroach upon landscaped areas. A temporary use permit shall be required, as specified in Article V of this chapter. (Code 1984, § 13.806) Sec. 44-686. Site design considerations. Development of land within the commercial districts shall follow the following standards, as well as those specified in Article XVI of this chapter, Land Use Development Standards, and Article XIX of this chapter, Site Plan Review. (1) Building materials. All building facades shall be designed with architecturally-finished materials. Durable materials, such as masonry or stucco, shall be used on all street-facing facades. Metal pole barn structures are prohibited. (2) All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of comparable materials and designed in a manner consistent with the original design, unless the entire building is being renovated. (Code 1984, § 13.807) Sec. 44-687. Parking and loading requirements. Parking and loading requirements for uses in the commercial districts shall be as set forth in Article XVIII of this chapter, Off-Street Parking, Drives and Loading. (Code 1984, § 13.808) Sec. 44-688. Signs. Sign requirements for uses in the commercial districts shall be as specified in Chapter 30, Signs. (Code 1984, § 13.809) Secs. 44-689—44-719. Reserved. DIVISION 2. DIMENSIONAL STANDARDS Sec. 44-720. Dimensional and area requirements. Lot area and setback requirements shall be as specified in Table 44-9. Table 44-9. Dimensional and Area Requirements, Commercial Districts Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 7 of 11 C1 C2 C3 Minimum Lot Area (sq. ft.)d 5,000 10,000 10,000 Floor Area Ratio - Minimum 0.1e 0.1e 0.1e Maximum Height (feet) 35c 35c 35c Maximum Impervious Surface Coverage 80% 80% 80% Building Setbacks Front yard minimum 15 15 15 Side yard 6a b 6a, b 6a, b Rear yard 6b 6b 6b Notes to Table 44-9: a Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. If no structure exists on the adjacent property, the setback shall be a minimum of one-half the required front yard setback of the subject property's zoning district. b Side and rear yards shall be required when a nonresidential use adjoins a side yard of a residential property or as necessary to provide access for deliveries, loading, etc. c Heights of structures may be increased with a conditional use permit as permitted in Section 44-83. d A minimum 75 feet of public street frontage is required. e Surface parking lots (principal use) approved through conditional use permits shall not be required to meet the floor area ratio minimum. (Code 1984, § 13.810; Ord. No. 13-07; Ord. No. 42-09) Secs. 44-721—44-738. Reserved. DIVISION 3. ACCESSORY USES AND STRUCTURES Sec. 44-739. General requirements for commercial districts. Accessory uses and structures in the commercial districts shall comply with the following standards and all other applicable regulations of this chapter: (1) No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. (2) The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. (3) The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 8 of 11 (4) The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. (5) The accessory use or structure shall be located on the same zoning lot as the principal use or structure. (Code 1984, § 13.811) Sec. 44-740. Residential accessory buildings. The standards applicable to accessory buildings in the residential districts shall apply (Article VI of this chapter). (Code 1984, § 13.812) Sec. 44-741. Nonresidential accessory buildings. (a) Attached structures. An accessory structure shall be considered attached and an integral part of the principal structure when it is connected by an enclosed passageway. Such structures shall be subject to the following requirements: (1) The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located. (2) In no case shall the total floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal building located on the same lot. (3) The structure shall not exceed the height of the principal building to which it is attached. (b) Detached structures. Detached accessory structures shall be permitted in commercial districts in accordance with the requirements shown in Table 44-10 and as follows: (1) Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the required front yard or within a side yard abutting a street, except that a surface parking lot or structure may be located within a side yard. (2) The structure shall meet the required rear and side yard setbacks for a principal structure, as established for the zoning district in which it is located. (3) The total floor area of a detached accessory building shall not exceed the ground floor area of the principal building located on the same lot. (4) The maximum size of a detached accessory building may be increased by up to 25 percent upon approval of a conditional use permit, provided that lot coverage requirements are satisfied. (5) Structures with a metal exterior finish exceeding 120 square feet shall be permitted only by conditional use permit. (6) No detached accessory building shall be located closer than three feet from the principal building. Distance between structures shall be measured from wall to wall. (Code 1984, § 13.813) Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 9 of 11 Sec. 44-742. Permitted nonresidential accessory uses. Permitted accessory uses are as shown in Table 44-10. Table 44-10. Permitted Accessory Uses in the Commercial Districts Use C1 C2 C3 Dev. Stds. Uses Accessory to Dwellings Antennas, satellite dishes, and similar P P P equipment as regulated by Article XVI of this chapter Boarding or renting of rooms to not more than P P P two persons Fences P P P X Gardening and other horticultural uses — — — Home-based occupations P P P X Private garages, carports, and parking spaces P P P Private swimming pools, tennis courts, indoor P P C exercise facilities, community meeting rooms, and other recreational facilities that are operated for the sole use and convenience of the residents of the principal use and their guests Solar energy systems P P P X Tool houses, sheds, and similar buildings P P P Outdoor kennel or exercise run — — — Uses Accessory to Nonresidential Uses Antennas, satellite dishes, and similar P P P X equipment Carwash (automatic) when accessory to a C C X service station in compliance with Article XVI of this chapter Music (outdoor live or amplified music) C C C Off-street loading docks C P P X Outdoor display of vehicles P C X Outdoor commercial recreation C C C X Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 10 of 11 Outdoor sales, display, and storage * ** * X Parking (surface) P P P Parking (structured) C P X Parking and storage of vehicles licensed to a P P P X business Self-service storage units C — — X Signs, as regulated by Chapter 30 P P P Small wind energy systems C C C X Solar energy systems P P P X Telecommunication facilities C C C X Warehousing, incidental repair, or processing P P X necessary to conduct a permitted principal use, conducted within the principal building, not exceeding 40 percent of total floor area Waste and recycling storage P P P X Notes to Table 44-10: * See Section 44-684, Outdoor Storage and Display, C1 and C3 Districts. ** See Section 44-685, Outdoor Storage and Display, C2 District. (Code 1984, § 13.814; Ord. No. 26-02; Ord. No. 1-11; Ord. No. 9-12; Ord. No. 2-15) Secs. 44-743—44-767. Reserved. Created: 2021-06-04 15:04:14 [EST] Recodification codified through Ord. No. 02-21, adopted on February 17, 2021 Page 11 of 11 - CODE OF ORDINANCES Chapter 44 - ZONING ARTICLE XIX. - SITE PLAN REVIEW DIVISION 5. LANDSCAPING DIVISION 5. LANDSCAPING Sec. 44-1964. Perimeter landscape buffers. Buffers shall be used to provide visual and noise separation between uses, and to improve water quality and stormwater runoff management. Buffer landscaping shall be provided as follows: (1) For non-residential or multifamily (five or more units) uses when adjacent to residentially zoned property or property used for residential purposes, buffers shall be at least 20 feet wide. If the non- residential or multifamily use (five or more units) is located adjacent to residentially zoned property or property used for residential purposes AND is both an in-fill property (as defined in Article III- Definitions) and located in a mixed use zoned district, thence buffers shall be 8 feet wide. In the The following situations, the buffer yard shall be at least 25 feet wide: a. Buffers for non-residential or multifamily buildings (five or more units) of two three or more stories when adjacent to residentially zoned property or property used for residential purposes. b. Buffers for non-residential or multi-family buildings of 25,000 square feet of floor area or more when adjacent to residentially zoned property or property used for residential purposes. c. Buffers along loading docks, service areas, or outdoor mechanical systems when adjacent to residentially zoned property or property used for residential purposes. (2) Buffer design. a. Buffer areas shall consist of either a masonry wall, fence, berm, plantings, or a combination thereof that forms a screen a minimum of four feet in height and not less than 90 percent opaque on a year-round basis. Screening located along front and corner side yards is limited to four feet in height and not less than 90 percent opaque on a year-round basis and shall effectually block automobile headlights from trespass on roads or adjacent property. b. Buffers shall be landscaped with at least one tree and five shrubs for every 50 linear feet. Soil volumes and depths associated per tree type (small, medium or large) shall be determined by the Director of Community Development or their designee, in consultation with the City Forester, but shall not be greater than 1,200 cubic feet of volume or three feet of depth. c. Buffers may be interrupted for necessary pedestrian and vehicle access. d. Buffer designs included in an approved stormwater management plan under Chapter 16 of this Code shall be constructed in accordance with said plan. Any combination of fencing and plantings may be used, provided the degree of opacity and screening required in this section is achieved. (Code 1984, § 13.1820; Ord. No. 15-22, § 1, 12-6-2022) Sec. 44-1965. Interior parking lot landscaping. The purpose of interior parking lot landscaping is to minimize the expansive appearance of parking lots, to provide shaded parking areas, and to provide water quality and stormwater management benefits where appropriate. Landscaping shall consist of planting islands and/or medians comprising the required planting area specified under item (1) below. Green Bay, Wisconsin, Code of Ordinances Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 1 of 6 (1) Planting area. a. At least ten percent of the interior area of parking lots with 25 or more spaces shall be devoted to landscape planting areas. b. Canopy trees shall be provided within the interior of parking lots of 25 or more parking spaces at the minimum rate of one tree per 15 spaces. Trees required to be planted in landscape islands, landscape medians, and perimeter areas shall count toward this requirement. c. Parking lot landscape areas shall be protected with concrete curbing, wheel stops, or other suitable barriers to protect plant function and ensure survivability, with breaks as required to allow storm water inflow where the landscape areas have been designed to provide storm water treatment and control or to provide pedestrian access. (2) Landscape islands. a. Landscape islands shall be provided at the end of each parking row and within the row of parking spaces so that there are no more than 15 consecutive parking spaces without a landscape island. An alternative to landscape islands at the end of each parking row and within rows is the incorporation of a landscaped median as described in Section 44-1965(c). b. Landscape islands shall have minimum interior dimensions of at least ten feet in width and 18 feet in length. Double rows of parking shall provide parking lot islands opposite one another to form continuous double islands. Where islands include a sidewalk, their width shall be increased to provide a planting area of at least ten feet in width. c. Each landscape island shall be planted with a mix of herbaceous or woody ground cover, shrubs, mulch, or other decorative ground cover sufficient to fully cover the ground surface and prevent the growth of weeds. A minimum soil depth of three feet shall be provided unless this provision is specifically waived due to on-site conditions. d. Required tree planting in landscape islands. 1. A minimum of one canopy tree shall be planted per 180 square feet of landscape island on the site. 2. Except where the Director of Community and Economic Development or their designee determines that the requirements for soil volume and depth in this section cannot be met due to dimensional or site conditions, or where an individual landscape island is designed as part of an approved stormwater management plan described herein, at least one tree shall be planted in each ten- by 18-foot landscape island. Where tree planting is not possible, the required tree(s) shall be planted in another interior or perimeter parking lot landscape area. 3. Soil volumes and depths associated per tree type (small, medium or large) shall be determined by the Director of Community Development or designee, in consultation with the City Forester, but shall not be greater than 1,200 cubic feet of volume or three feet of depth. e. Landscape island designs included in an approved stormwater management plan under Chapter 16 of this Code shall be constructed in accordance with said plan. (3) Landscape medians. As an alternative to the required landscaped islands, parking lot landscape medians may be utilized between every other bay of parking in any lot with more than two parallel bays and more than 40 parking spaces. A parking bay shall be defined as one or two rows of spaces accessed from a single drive aisle. Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 2 of 6 a. Landscape medians shall be a minimum of ten feet wide. Where medians include a sidewalk running lengthwise, their width shall be increased to provide a planting area of at least ten feet in width. b. Landscape medians shall be planted with a mix of herbaceous or woody ground cover, shrubs, mulch, or other decorative ground cover sufficient to fully cover the ground surface and prevent the growth of weeds. c. Required tree planting in landscape medians. 1. Landscape medians shall have a minimum of one canopy tree per 50 lineal feet along the length of the median. 2. Except where the Director of Community and Economic Development or their designee determines that the requirements for soil volume and depth described in this section cannot be met due to dimensional or site conditions, or where an individual landscape median is designed as part of an approved stormwater management plan described herein, at least one tree shall be planted in each landscape median. Where tree planting is not possible, the required tree(s) shall be planted in another interior or perimeter parking lot landscape area. 3. Soil volumes and depths associated per tree type (small, medium or large) shall be determined by the Director of Community Development or designee, in consultation with the City Forester, but shall not be greater than 1,200 cubic feet of volume or three feet of depth. d. Landscape median designs included in an approved stormwater management plan under Chapter 16 of this Code shall be constructed in accordance with said plan. (Code 1984, § 13.1821; Ord. No. 42-10; Ord. No. 15-22, § 2, 12-6-2022) Sec. 44-1966. Perimeter parking lot landscaping. Parking area edges shall be screened from public streets and sidewalks, public open space, and adjacent properties. The perimeter of parking areas shall be screened by means of: (1) A landscaped area meeting the following standards: a. Landscaped areas shall be at least 15 feet wide along each frontage of a public street or sidewalk. b. If a parking area adjacent to a public street or sidewalk contains over 100 parking spaces, the minimum required landscaped area shall be increased to 20 feet in width. c. Where parking lots border property lines, setbacks from the property line to the edge of the parking lot pavement shall meet the buffer requirements of Section 44-1964. d. Exception. In Downtown One and Downtown Two zoning districts, the landscaped area shall be at least five feet wide along each frontage of a public street or sidewalk. (2) Screening consisting of either a masonry wall, fence, berm, plantings, or a combination thereof that forms a screen a minimum of three feet in height, and not less than 90 percent opaque on a year- round basis. Screening located along front and corner side yards is limited to three feet in height and must be at least 90 percent opaque on a year-round basis and effectually block automobile headlights from trespass on adjacent property. (3) Tree planting. A minimum of one canopy tree per 40 lineal feet shall be planted within the perimeter parking lot landscape area. Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 3 of 6 a. Except where the Director of Community Development or their designee determines that the requirements for soil volume and depth in this section cannot be met due to dimensional or site conditions, or where the perimeter parking lot landscape area is designed as part of an approved stormwater management plan described herein, at least one tree shall be planted per 40 lineal feet within each perimeter parking lot landscaping area. Where tree planting is not possible, the required tree(s) shall be planted in another interior or perimeter parking lot landscape area. b. Soil volumes and depths associated per tree type (small, medium or large) shall be determined by the Director of Community Development or designee, in consultation with the City Forester, but shall not be greater than 1,200 cubic feet of volume or three feet of depth. c. Perimeter parking lot landscaping designs included in an approved stormwater management plan under Chapter 16 of this Code shall be constructed in accordance with said plan. d. The number of trees required to be planted pursuant to this Section may be varied or waived upon finding that site conditions or planting area sizes are not likely to lead to successful establishment and growth of a canopy tree. e. Exception. Where the Director of Community and Economic Development or their designee determines that full compliance with this Section would not be possible due to site dimensions or the location of existing buildings; or where full compliance would result in the number of existing parking spaces being reduced by more than ten percent or in a manner that would result in non- compliance of the proposed use(s) with the provisions of this ordinance, the Director or their designee may approve a substitute landscaping plan for the perimeter area which shall consist at a minimum of any combination of a three-foot masonry wall, three-foot ornamental metal fence, and plantings of low shrubs, perennials, or ornamental grasses. (Code 1984, § 13.1822; Ord. No. 15-22, § 3, 12-6-2022) Sec. 44-1967. Building foundation landscaping. Building foundations adjoining parking areas, walkways, or open space shall be planted with plant material such as trees, shrubs, perennials, annuals, and ground covers, with the exception of buildings that have facades flush with the sidewalk, i.e., downtown or storefronts. (1) Foundation plantings shall be installed across 80 percent of the length of the facade of the building, except where walkways and driveways are located. (2) Foundation plantings shall include trees planted at the rate of one tree per 50 lineal feet of building facade, and may also include shrubs, herbaceous perennials, bioretention or rain garden plantings, and groundcover. Tree planting requirements may be varied, or required trees located on another portion of the site, if a minimum distance of five feet from the building cannot be maintained. (3) Where the area between the building and parking or street curb is entirely paved for pedestrian use, landscaping may consist of canopy trees planted in structural soils beneath tree grates or permeable pavement. Soil volumes and depths associated per tree type (small, medium or large) shall be determined by the Director of Community Development or their designee, in consultation with the City Forester, but shall not be greater than 600 cubic feet of volume per tree. (4) Above-ground planter boxes along building facades may be substituted for foundation plantings. (Code 1984, § 13.1823; Ord. No. 15-22, § 4, 12-6-2022) Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 4 of 6 Sec. 44-1968. Plant materials. (a) In general. A reasonable attempt shall be made to preserve as many existing trees with a diameter of six inches diameter at breast height or greater as is practicable, and to incorporate them into the site plan. (1) A minimum of 50 percent of each area required to be landscaped shall be covered in live material. Live material includes trees, shrubs, perennials, ground cover, and sod. Areas not covered in live material may be covered by mulch, rock, or other natural materials. Exposed gravel, aggregate rock, or concrete shall only be used where drainage or soil conditions require a hard surface pan at finished grade adjoining a building foundation. (2) Plants indigenous to Wisconsin shall comprise no fewer than two-thirds of the proposed trees and 60 percent of proposed shrubs and shall be species proven adaptable to the climate and site conditions. (3) Plant species mix. Where 20 or more trees are proposed, at least three species of tree shall be utilized, and no single species of tree shall make up more than 50 percent of the total tree plantings for the property. Where 30 or more shrubs are proposed, no single species of shrub shall comprise more than one-third of shrub plantings. (4) Minimum sizes. All required trees shall meet the following minimum size requirements: Tree/Plant Minimum Required Size at Time of Planting Deciduous trees Two-inch caliper Ornamental deciduous trees One and one-half-inch caliper Evergreen trees Six feet in height Shrubs Five-gallon container size (5) Any plant materials used to meet the requirements of this ordinance shall not include any species identified as a Regulated Invasive Plant by the Wisconsin Department of Natural Resources pursuant to Wis. Admin. Code Ch. NR 40. (Code 1984, § 13.1824; Ord. No. 15-22, § 5, 12-6-2022) 44-1969. Maintenance and installation of materials. Installation and maintenance of all landscape materials shall comply with the following standards: (1) All installed landscape shall conform to the most recently approved American Standard for Nursery Stock, published by the American National Standards Institute. (2) An adequate water supply shall be indicated in the site plan. (3) All required landscaping and screening features shall be kept free of refuse and debris. (4) Maintenance and replacement of landscape materials, including the maintenance of any trees planted in the public right-of-way, shall be the responsibility of the applicant or property owner. All plantings required under this ordinance shall be maintained perpetually and replaced if they die or are substantially weakened or damaged. If plantings succumb due to site conditions to which they are ill adapted, they shall be replaced with more suitable species of the same type (tree, shrub, ground cover, etc.). (Code 1984, § 13.1825; Ord. No. 15-22, § 6, 12-6-2022) Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 5 of 6 Secs. 44-1970—44-1991. Reserved. Created: 2024-12-17 17:12:48 [EST] (Supp. No. 6) Page 6 of 6 Sec. 44-1580. Residential uses. (a) Single-family detached dwelling in all residential districts. (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard. (2) The primary entrance shall be located on the facade fronting a public street. (3) Single-family homes shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition. (b) Two-family dwelling, duplexes and semi-detached in R-1 Residential Districts. (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard. (2) Access to the second dwelling unit shall be either through a common hallway with one front entrance or by means of a separate entrance. The primary entrance shall be located on the facade fronting a public street. (3) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no duplex shall be constructed and no single-family dwelling shall be converted to a duplex within a distance of 300 feet from any other two- family or multifamily dwelling located within the same block without a conditional use permit. Therefore, no more than one-quarter of the lineal frontage of a block may be converted to two- family duplexes or two-family semi-detached housing, and no further two-family duplex or two- family semi-detached housing development is permitted once this threshold is reached. (4) Duplexes and semi-detached housing shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition. (c) Two-family dwelling, semi-detached, in the R-1 and R-2 Residential Districts. (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard. (2) If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street. (3) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no semi-detached dwelling shall be constructed and no single-family dwelling shall be converted to a semi-detached dwelling within a distance of 300 feet from any other two-family or multifamily dwelling located within the same block. (4) Semi-detached dwellings shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Exact replication of attributes of existing buildings is not expected, but rather sensitivity to neighborhood context. (d) (c) Single-family attached dwelling (townhouse) in the R-1 and R-2 Residential Districts. Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 1 of 6 (1) A maximum of six units shall be permitted within a single building. (2) Townhouses shall have sufficient frontage per Table 44-2. No parking shall be located in the front yard or between the front facade and the street. (3) If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street. (4) New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than one-quarter of the lineal frontage of a block may be converted to townhouse units, and no further townhouse development is permitted once this threshold is reached. (5) Townhouse units shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Exact replication of attributes of existing buildings is not expected, but rather sensitivity to neighborhood context. (6) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise of a minimum of 1,500 square feet per unit. (e) (d) Single-family attached dwelling (townhouse) in the R-3 Residential District. (1) A maximum of eight units shall be permitted within a single building. (2) Townhouse dwellings shall have sufficient frontage per Table 44-2. No parking shall be located in the front yard or between the front facade and the street. (3) If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street. (4) Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise of a minimum of 1,500 square feet per unit. (f) (e) Multiple-family dwelling (three or four units) in the R-1 or R-2 Residential Districts. (1) No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to paring areas beyond the front yard. (2) If a primary entrance of a structure is not facing the street, the Community and Economic Development Director or their designee may choose to require its location face a public street. If a primary entrance does not face a public street, a dedicated sidewalk must connect said entrance from right of way to the entrance. (3) Multiple-family dwelling (three or four units) shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition. (4) Each dwelling must include enclosed (garage) space for each individual unit. Multiple-family dwellings (three or four units) shall provide a minimum of 2 enclosed parking spaces. If a parcel cannot provide an individual enclosed space for each individual unit beyond 2 enclosed parking spaces, a dedicated storage area exception may be considered by the Community and Economic Development Director or their designee. For each unit which does not have an enclosed (garage) space must be included with a site plan. Said storage area must be a minimum of 120 square feet for each unit. Said storage area shall be tabulated as accessory use. Said storage area can be located within the primary building or accessory building. Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 2 of 6 (5) Minimum number of total parking spaces for each multiple-family dwelling (three-four units). Each unit shall have a minimum of one parking stall enclosed (or dedicated storage area exception if approved by the Community and Economic Development Director or their designee) and one additional parking stall. Parking stalls may be tandem if use is dedicated to a single unit. Access to individual unit parking stalls via the driveway shall remain clear and not used as a parking space for any one unit or visitor. (g) (f) Carriage-house dwelling Accessory Dwelling Unit (ADU) in all residential or mixed-use districts. (1) Accessory dwelling units are permitted in conjunction with a primary detached single-family dwelling, two-family dwelling (duplex or semi-detached) or single-family attached dwellings (townhouses). They are not permitted in conjunction with multiple-family or mixed-use structures. (2) There shall be no more than one accessory dwelling unit on a parcel/lot. (2) Either the principal/primary dwelling unit or the accessory dwelling unit must be the primary permanent residence of the owner of the parcel/lot. (3) An accessory dwelling unit shall not be permitted to be used as a short term rental. (4) An accessory dwelling unit must: a. Be located behind any façade plane of the principal/primary dwelling on the parcel/lot fronting the public right-of-way. b. Not contain more than 1000 square feet of gross floor area or greater than the established primary residential building, whichever is less. c. not be taller than the principal/primary dwelling structure. d. Maintain the architectural design, style, appearance, and character of the principal/primary dwelling by incorporating design elements of the principal residence including but not limited to similar façade materials, façade colors, window style/treatment, roof design and pitch. (5) A recreational vehicle, travel trailer, camper, or similar vehicle shall not be permitted to be used as an accessory dwelling unit. (6) No portion of a lot on which an accessory dwelling unit is located may be subdivided from or legally described differently than, the lot containing the primary residential unit, and no portion of a structure containing an accessory dwelling unit may have ownership different from the ownership of the primary dwelling unit. (1) A carriage-house dwelling unit shall be located above a detached garage that is accessory to a single- family detached dwelling and located within the rear yard. (2) Any exterior changes or additions for a carriage-house dwelling shall be constructed of similar materials and shall be architecturally compatible with the main (principal) building. (3) The dwelling unit may not contain more than 30 percent of the total floor area on the zoning lot. (4) There shall be a total of no more than one carriage-house dwelling on a zoning lot. (5) The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for the main (principal) building in the zoning district. (6 7) A minimum of one parking space shall be dedicated to the accessory dwelling unit and provided on the same parcel/lot. Said parking space, whether open or within a A detached or attached accessory building/garage with a carriage-house dwelling shall meet all dimensional and other requirements of Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 3 of 6 the Municipal Code district for accessory buildings. If walls of a carriage-house dwelling facing interior lot lines contain windows or other openings, the wall shall be set back at least four feet from the lot line. (7 8) There shall be an unobstructed walkway leading from the public street to the carriage-house dwelling accessory dwelling unit. (8) At least one dwelling unit on the zoning lot shall be owner-occupied. (9 9) A site plan and a building plan meeting zoning code requirements shall be submitted to the Plan Commission for review and approval at the time of Conditional Use Permit application. (h) (g) Live-work unit in all residential districts. (1) The workspace component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street. (2) The dwelling unit component shall be located above or behind the workspace and shall maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street. (3) The office or business component of the unit shall not exceed 30 percent of the total gross floor area of the unit. (4) A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground/enclosed. (5) The size and nature of the workspace shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed-use building. (6) The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business, or auto service or repair for any vehicles other than those registered to residents of the property. (7) The business of the live-work unit must be conducted by a person who resides on the same lot. In no case shall the business employ more than two workers who live outside of the live-work unit. (i) (h) Dwelling in conjunction with business in all industrial districts. (1) There shall be a total of no more than one dwelling in conjunction with business on a zoning lot. (2) The minimum lot area shall be 5,000 square feet greater than the minimum lot area required for the principal use in the zoning district. (3) Only an employee who is a watchman of the principal use, including their family, shall be permitted to reside in the dwelling unit. (4) Access to the dwelling shall be by means of separate individual entrance from that of the principal use. Said access shall be made available to the City's public safety agencies, such as EMS, police, and fire, and approved by the Common Council during conditional use permit review. (5) A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground/enclosed. (6) A site plan and a building plan shall be submitted to the Plan Commission at the time of application for review and approval. Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 4 of 6 (j) (i) Short-term rentals (STRs). (1) Advertising, including but not limited to, through a third-party, is prima facia evidence that the dwelling unit is used for a short-term rental. Prior to advertising or occupancy of a dwelling unit for use as a short-term rental, the following permits, registrations, and other information shall be obtained by the property owner or local representative: a. Proof of registration with the City of Green Bay Treasurer regarding Brown County room tax requirements. b. Proof of registration with the Brown County Health Department. c. A lease agreement example provided that includes language regarding compliance with parking, noise and other applicable City of Green Bay ordinances relevant to occupancy of the structure. d. Proof of condominium association approval if the property is part of one. e. Proof of approval from property owner if applicant is the local representative. f. City of Green Bay short-term rental permit (STRP). (2) An application for a short-term rental permit (STRP) may be an initial application or a renewal application, and shall be complete prior to submittal. STRP applications shall include all of the following: a. Initial application. 1. Completed STRP application on a form established by the City. 2. Application fee as provided in the City Fee Schedule. 3. Proof of insurance. 4. Documentation required in subsection (j)(1) of this section. b. Renewal of STRP. A STRP is valid for one year and shall expire on July 1 of the calendar year. A STRP not renewed prior to July 1 shall be deemed expired, and subject to the initial application requirements. Prior to July 1, a STRP may be renewed on an annual basis, provided that no material changes have occurred to the initial application, and shall meet the following standards: 1. Proof of insurance. 2. Necessary permits and proof of registration as required in subsection (j)(2) of this section. 3. Renewal fee as provided in the City Fee Schedule. 4. All required application material must be submitted at the same time. Applications that are not complete at submission will be returned to the applicant without processing. (3) The number of occupants in STRs shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable County and City of Green Bay housing regulations for residential structures based on the number of bedrooms within the unit. (4) STRPs are issued to a specific property owner, or local representative, of a short-term rental, referred to as the permit holder. STRs shall be immediately terminated when the permit holder sells or transfers the real property which was advertised or used as a short-term rental, except for a change in ownership where the title is held in survivorship or transfers on the owner's death. (5) Availability of STRs to the public shall not be advertised on site, except for as provided in subsection (6) below. Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 5 of 6 (6) A STRP placard shall be visible from the street right-of-way on which the principal structure is addressed on. The placard shall contain the name and telephone number of the local representative responsible for managing short-term rental property. (7) STRs shall not violate any applicable conditions, covenants, or other restrictions on real property. (8) Alcohol may not be sold on site. (9) STRPs granted by the City are subject to review on a yearly basis during renewal. Additionally, STRs may be reviewed at any time when the Community and Economic Development Director or Plan Commission has reason to believe that the regulations are not being adhered to or that there are problems associated with the STRs that warrant review by the Plan Commission and the Green Bay Common Council. STRs may be revoked based on the findings of the Plan Commission. STRs denied by the Planning staff may be appealed to the Plan Commission and Common Council. (10) No recreational vehicle (RV), camper, tent or any other temporary lodging arrangement shall be permitted on site for the means of providing accommodations for occupants and/or guests of a short- term rental. (11) STRs shall comply with all requirements of this article and all applicable standards of this Code. (12) Violations. Failure to comply with the requirements above shall constitute a violation of the provisions of this section. Disturbances or nuisances caused by the tenants of an approved STR which violate this Code, including, but not limited to, outdoor events noise ordinances or state law, shall also constitute a violation. Penalties for each violation shall be imposed in an amount not to exceed $500.00, including court costs, and may result in permit suspension or revocation. (Code 1984, § 13.1602; Ord. No. 9-09; Ord. No. 20-16; Ord. No. 12-23, § 1, 5-16-2023) Created: 2024-07-11 11:24:12 [EST] (Supp. No. 6, Update 2) Page 6 of 6 Sec. 44-1726. Minimum number of required off-street parking spaces. (a) Calculation. Off-street parking requirements for each land use are generally tied to capacity, net floor area, or the number of employees at the subject property during the largest work shift. (1) The term "capacity" means the maximum number of persons that may be accommodated by the use as determined by its design or by building code regulations, whichever is greater. Both indoor and outdoor uses are included in maximum capacity. (2) The term "employees on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period and whether any such person is a full-time versus part-time employee. (3) The term "net floor area" shall mean the total floor area inside the building envelope on all levels of a building excluding mechanical rooms, permanent accessory storage/freezers/coolers, stairwells/elevators, uninhabitable attics or basements, underground parking and other areas deemed appropriate by the Zoning Administrator. (4) When calculating the number of off-street parking spaces resulting in a fraction, each fraction of one- half or more shall be considered a space. (5) Where future potential uses of a building may generate additional parking demand, the City may require a parking plan for the site showing how the anticipated parking demand will be met. The City may require the additional land area identified as anticipated parking to be placed in reserve as landscaped open space until needed. (b) Parking spaces for uses with multiple components, such as hotels with dining and conference facilities, shall be based on the sum of the parking requirements of the separate components. (c) Buildings built on speculation or not initially occupied (unknown use) shall be required to provide one stall per 300 square feet of net floor area. (d) In addition to the requirements in Figure 2: Number of Off-Street Parking Spaces Required by Land Use, one parking space shall be provided for each commercial vehicle or vehicle necessary for the operation of the use that is maintained on the premises. (e) See Figure 2: Number of Off-Street Parking Spaces Required by Land Use for a list of the number of parking spaces required by land use. (f) Parking requirement exceptions in the Downtown Zoning District (D). (1) Within the Downtown Zoning District (D), the minimum required parking space requirements for nonresidential uses are waived. (2) Residential uses within the Downtown Zoning District (D) need only provide evidence of the availability of off-street public or private parking within the district in the amount of one parking space per dwelling unit. (3) When off-street parking facilities are provided, such facilities shall meet all requirements of this chapter, except in respect to the required number of spaces. Figure 2. Number of Off-Street Parking Spaces Required by Land Use Land-Use Minimum Number of Notes Off-Street Parking Spaces Required Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 1 of 6 Single- and two-family dwellings, 2 spaces per dwelling unit, 1 Exception for narrow lots, as detached or attached space per unit must be an outlined in Section 44-1747(c). enclosed (garage) space. Multiple-family dwelling (three 3 unit dwellings must have a Specific standards as outlined in or four units) minimum of 5 spaces (a Section 44-1580 (e) minimum of 2 enclosed). 4 unit dwellings must have a minimum of 6 spaces (a minimum of 2 enclosed) Multiple-family dwelling (five or 1 space per dwelling unit plus 1 more units) visitor space per 4 units. Senior (elderly) housing 1 space per dwelling unit. If senior housing has the potential to be converted to general housing, proof of ability to provide additional parking may be required. Carriage-house 1 space per dwelling unit. Residential Live-work unit and/or home Same as dwelling unit 1 space shall be accessible for occupations requirement. client parking, if applicable. Manufactured and mobile home 1 per dwelling unit. Rooming house/boarding house 2 spaces per 3 bedrooms for rent plus 2 spaces per 3 employees on the largest shift. Community living arrangement 2 space per 3 employees on the largest shift plus 1 visitor space for every 4 residents based on capacity. Dormitories, student housing, To be determined by Zoning Parking study required. fraternity or sorority house, Administrator based on parking convent/monastery study. Shelter facility, transitional 1 space per 5 residents based on housing capacity plus 2 spaces per 3 employees on the largest shift. Nursing home, assisted living 1 space per 4 beds plus 3 spaces per 4 employees on the largest shift. Adult/family daycare home Same as dwelling unit Drop-off space may be on-street requirement plus 1 drop-off adjacent to residence with space. approval of the Department of Public Works. Group daycare center, preschool 2 spaces per 3 employees on the Educational largest shift plus 1 space per 7 students based on capacity. School, grades K—12 2 spaces per 3 employees on the Existing schools not meeting this largest shift plus 1 space per 5 standard may be required to students of legal driving age provide a parking management based on capacity. plan but shall not be required to add the minimum number of spaces. Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 2 of 6 College or university, other adult To be determined by Zoning Parking study required. learning center Administrator based on parking study. Trade school, arts school, dance 2 spaces per 3 employees on the If students are expected to drive, school, etc. largest shift plus 1 space per 5 parking study required. students based on capacity. Community center, Parking equal to 30 percent of neighborhood center, cultural persons based on design institution, library capacity. Cemetery To be determined by Zoning Parking study required. Administrator based on parking study. Institutional and Civic Hospital To be determined by Zoning Parking study required. Administrator based on parking study. Clinic or healthcare facility 1 space per 2 exam rooms plus 2 including veterinary spaces per 3 employees on the largest shift. Park, playground or recreational 1 space per each 4 persons of center maximum design capacity. Religious institution, place of 1 space per each 5 persons based worship on design capacity of the main assembly area. Offices General office, government 1 space per 500 square feet net office, bank/financial institution, floor area. medical office Artist's studio 1 space per 500 sq. ft. net floor area devoted to sales or display. Accommodation and Food Service Hotel, motel and bed and 1 space per guest room plus 2 Additional spaces as needed for breakfast spaces per 3 employees on the conference/meeting or Commercial largest shift. restaurant facilities. Restaurant (with or without 1 space per 300 sq. ft. of net drive-through), tavern/bar, floor area plus 1 space per 500 nightclub sq. ft. exterior seating area. Service Businesses Personal or business service 1 space per 500 sq. ft. net floor Includes any service uses not businesses not listed below area plus 1 space per 1,000 sq. ft. specifically listed. outside sales or display area. Barber shop/beauty salon, spa 2 spaces per 3 workstations plus 2 spaces per 3 employees on the largest shift. Retail Commercial Funeral home 1 space per each 5 persons based on design capacity of the main assembly hall. Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 3 of 6 General retail sales and rental 1 space per 500 sq. ft. net floor Includes any retail uses not area plus 1 space per 1,000 sq. ft. specifically listed. outside sales or display area. Motor vehicle rental/sales 1 space per 500 sq. ft. of net floor area plus adequate storage space for vehicles displayed/maintained on-site. Motor vehicle repair (major or 1 space per 500 sq. ft. of net Service bay shall not be counted minor), service station, floor area used for sales or as a parking space. convenience store customer service plus 2 spaces per service bay. Commercial Recreation and Entertainment Auditorium, assembly hall, 1 space per each 5 persons based theater, convention center, and on design capacity of the main other places of assembly assembly area. Indoor recreation facilities, 1 space per 500 sq. ft. net floor health clubs, fitness centers, area. adult entertainment Outdoor recreation facility To be determined by Zoning Parking study required. Administrator based on parking study. Marina 2 spaces per 3 slips. Additional spaces as needed for accessory uses such as boat sale/rental/service, retail, recreation and restaurant facilities. Boat landing 4 spaces per launch. Spaces associate with launches shall be double depth to accommodate vehicles with trailers. Golf course, bowling alley or 2 spaces per hole, lane or similar Additional spaces for accessory similar use recreation station. uses such as retail, tavern/bar and restaurant facilities. Campground 2 spaces per 3 camp site plus 2 Additional spaces for accessory spaces per 3 employees on the uses such as retail, tavern/bar largest shift. and restaurant facilities. Agriculture 2 spaces per 3 employees on the Additional spaces for accessory Industrial, Production and Storage largest shift. uses such as on-site retail. Industrial uses, including limited 2 spaces per 3 employees on the Customer/visitor parking may production and processing, light largest shift. also be required based on office industrial, general industrial, use. heavy industrial, and other industrial uses not specified below Contractor office and showroom 1 space per 500 square feet net floor area. Self-service storage facility 1 space per 500 sq. ft. net floor area of office or sales area plus 1 Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 4 of 6 space per 10 individual storage units. Wholesaling, warehousing, and 1 space per 500 sq. ft. net floor distribution area of office or sales area plus 2 spaces per 3 employees on the largest shift. Other industrial activities that are 2 spaces per 3 employees on the conducted largely out-of-doors, largest shift. including concrete, asphalt, and rock crushing facility, scrap yard, recycling, etc. Ground transportation service To be determined by Zoning Parking study required. Administrator based on parking study. Freight terminal- motor, rail or 3 spaces per 4 employees on the Transportation ship largest shift. Package delivery service 2 spaces per 3 employees on the Additional parking may be largest shift. required for delivery service vehicles. Airport To be determined by Zoning Parking study required. Administrator based on parking study. Government or public utility uses To be determined by Zoning Based on type of use (offices, Public Service and buildings, public safety Administrator. storage, production, etc.). buildings and Utility Communication facilities As approved by CUP. Yard waste site As approved by CUP. (g) Limit on the number of off-street parking spaces provided. No site plan may be approved for a multiple- family or nonresidential use which contains more than two times the development's minimum number of required parking spaces, except as granted through a conditional use permit. Where no minimum parking requirement is established, the calculation for the maximum number shall be two times what the developments minimum would be if not exempt. Parking facilities containing 40 stalls or fewer are exempt from this regulation. The following criteria shall be reviewed in considering a conditional use permit request: (1) The proposed development has unique or unusual characteristics (such as high sales volume or low parking turnover) which creates a parking demand that exceeds the maximum ratio and does not typically apply to comparable uses. (2) The lot is designed to allow for more intensive future site development that will create and utilize the additional parking demand. (3) The need for additional parking cannot be reasonably met through provision of shared parking with nearby uses. (h) Parking studies. Where a parking study is required, the study shall be performed by a qualified transportation engineer or transportation planner. The study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere. (Ord. No. 19-19, § 1, 9-17-2019; Ord. No. 05-21, § 3, 4-20-2021; Ord. No. 25-21, § 6, 12-7-2021) Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 5 of 6 Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 6 of 6 Sec. 44-1746. Single-family and, two-family, and multiple-family dwelling (three or four units) residential driveways. Driveways shall lead from the public right-of-way directly to a garage door opening plus 24 inches on either side of said door or to a legal surface parking space. Driveways are regulated as follows: (1) Number of driveways. Single-family uses are permitted one driveway per lot unless otherwise regulated in this chapter, subject to the design regulations specified herein. Two-family and multiple- family dwelling (three or four units) uses are permitted two driveways per lot unless otherwise regulated in this chapter, subject to the design regulations specified herein. (2) Minimum driveway setback from property lines. a. Narrow lots. On lots with less than 60 feet of lot width/frontage, driveways shall be set back a minimum of one foot from the side lot line. On lots where the available side yard area prohibits the ability to create/maintain an eight-foot-wide driveway and the required setback as listed below, the setback may be administratively reduced or eliminated. b. Detached garages. Driveways leading to detached garages shall meet the applicable side or rear setbacks for accessory structures established in the district in which it is situated or shall meet the side setback of an existing detached garage, whichever is less. c. Attached garages. Driveways leading to attached garages shall meet the applicable side or rear setbacks for principal structures established in the district in which it is situated or shall meet the side setback of the existing attached garage, whichever is less. d. Uncovered parking. Driveways leading to uncovered parking areas shall meet the applicable side or rear setbacks established within the parking section or shall meet the side setback of the existing legal uncovered parking area, whichever is less. (3) Driveway width. a. Driveways shall be a minimum width of eight feet. Driveways leading to garages are limited to a maximum width of 25 feet at the property line and 30 at the curb/pavement line (2½ foot apron flares), but may increase to the width of the garage. See Figure 3.A: Single-Family and Two-Family Drive Width and 3.B: Single-Family and Two-Family Drive Width-Enlarged with Taper. Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 1 of 9 Fig. 3.A: Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Drive Width—Standard Fig. 3.B: Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Family Drive Width—Enlarged with Taper b. Where no garage exists, the maximum driveway width shall be 12 feet. c. Where the width of the driveway at the garage or other legal parking space exceeds the maximum width of the driveway at the property line, the driveway shall be tapered between the garage or the edge of a legal uncovered space and the property line starting a minimum of five feet inside the parcel. If said taper "triangle" is found to be driven over and in a deteriorated state, the City may require the installation of vegetation or other item designed to prohibit vehicular trespass. See Figure 3.C: Single-Family and Two-Family Drive Width-Taper Detail. When Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 2 of 9 leading to a legal uncovered space, the driveway width shall be the least possible needed and shall not exceed 25 feet in width at the property line. Fig. 3.C: Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Drive Width—Taper Detail When leading to a legal uncovered space, the driveway width shall be the least possible needed and shall not exceed 25 feet in width at the property line. d. Driveways for two-family dwellings with adjacent garages are limited to the 25 feet maximum width at the property line for each individual driveway. Each individual driveway must be separated by a minimum of a two-foot green area extending the full length from the property line to the garage/uncovered parking space. Separation area shall contain vegetation or other item designed to limit vehicular trespass. See Figure 4: Two-Family Drive Separation. Fig. 4: Two-Family Drive Separation e. Side-loading drives. The maximum width of driveway leading to a side-loaded garage shall not exceed 12 feet, except for the area directly leading of the garage, where it can be increased to the width of the garage. See Figure 5.A: Alternative Single-Family and Two-Family Drives-Side Loading. The driveway shall not be located within the side yard setback. f. Circular drives. The maximum width of circular, horseshoe, and similar type driveways shall not exceed 12 feet, except for the area directly leading of the garage, where it can be increased to the width of the garage. See Figure 5.B: Alternative Single-Family and Two-Family Drives-Circular. 1. The driveway shall not be located within the side yard setback. 2. The inside edge of the arc of the driveway shall be at least 15 feet from the lot line. Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 3 of 9 3. The interior area between the drive and the street must be landscaped. Fig. 5.A: Alternative Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Drives—Side Loading Fig. 5.B: Alternative Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Drives —Circular Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 4 of 9 g. Alley drives. The driveway may extend to the garage opening or may extend into the lot for 30 feet in width and 40 feet in depth but shall not extend into the side yard setbacks. See Figure 5.C: Alternative Single-Family and Two-Family Drives-Alley. Fig. 5.C: Alternative Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Drives—Alleys h. In no case shall the maximum driveway width be cumulatively greater than 50 percent of the lot frontage. (Ord. No. 19-19, § 1, 9-17-2019; Ord. No. 25-21, § 7, 12-7-2021) Sec. 44-1747. Parking for single-family and ,two-family uses, and multiple-family dwellings (three and four units). (a) A minimum number of legal parking spaces shall be provided in conformance with Section 44-1726 and Figure 2: Number of Off-Street Parking Spaces Required by Land Use. (b) On a lot containing a single-family or two-family dwelling unit, off-street parking shall not be located between the principal structure and a street right-of-way, except within residential driveways leading to a legal parking space or as otherwise permitted in this chapter. Created: 2024-12-17 17:12:46 [EST] (Supp. No. 6) Page 5 of 9 (1) Parking spaces a minimum of eight feet wide by 15 feet deep must be provided either within a garage, in a driveway, or uncovered parking space(s) on the same lot of the use it is serving and shall meet the requirements of this section. See Figure 6.A: Single-Family and Two-Family Parking Space-Garage or 6.B: Single-Family and Two-Family Parking Space-Uncovered. Fig. 6.A: Single & ,Two-Family &, Multiple-Family Dwelling (Three or Four Units) Parking Space—Garage Created: 2024-12-17 17:12:47 [EST] (Supp. No. 6) Page 6 of 9 Fig. 6.B: Single & , Two-Family Single &, Two-Family &, Multiple-Family Dwelling (Three or Four Units) Parking Space—Uncovered (2) Driveway parking. Driveways shall not count towards minimum parking stall requirement except as provided for narrow lots in subsection (c) of this section. (3) Uncovered parking spaces (not located in driveways). a. No more than four uncovered parking spaces are permitted per unit per lot. b. Uncovered parking spaces may be located in the rear yard and shall be set back from the side and rear lot lines by no fewer than 2.5 feet. Said spaces shall be screened from view per section 44- 1549. See Figure 6.B: Single & Two-Family Parking Space-Uncovered. c. One uncovered parking space is permitted in the side yard alongside a garage provided said space is not located between the building and the street and is set back from the side and rear lot lines by no fewer than 2.5 feet. Said space shall be screened from view per section 44-1549. See Figure 7: Single & Two-Family Parking Space Beside Garage. Created: 2024-12-17 17:12:47 [EST] (Supp. No. 6) Page 7 of 9 Fig. 7: Single &, Two-Family & &, Multiple-Family Dwelling (Three or Four Units) Parking Space Beside Garage d. Front yard parking space exception. For single-family or two-family lots with attached single stall garages that are unable to provide parking as regulated in this article, a single parking space may be established next to the driveway between the front facade of the residence and the public right-of-way as regulated below. Multiple-Family Dwelling (Three or Four Units) with attached single stall garages that are unable to provide parking as regulated in this article are not permitted a front yard parking space exception. e. Front yard space is limited to no greater than eight feet in width beyond the garage door opening but shall not be located in front of the primary entrance to the residence. f. Lots shall not exceed the maximum impervious surface ratio for the applicable zoning district. (c) Driveway as legal parking space for single-family and two-family uses on narrow lots. Driveways may be considered legal "stacked" (meaning in front of one another) parking spaces for required stalls. A driveway parking space need not lead to a legal parking space but must be a minimum of eight feet wide and 15 feet deep. Driveway stacking is permitted for multi-family dwellings (three or four units) provide individual tandem parking is dedicated to a single unit. Access to individual unit parking stalls via the driveway shall remain clear and not used as a parking space for any one unit or visitor. See Section 44-1580(e). (d) Except for driveways leading to legal parking spaces or otherwise regulated in this article, parking is not permitted in the front yard. (e) Parking of commercial vehicles and trailers in residential districts. (1) The intent of this section is to preserve the orderly appearance and quiet enjoyment of residential neighborhoods while allowing reasonable flexibility for parking business-related vehicles. Specifically, this applies to motor vehicles that are driven off-site by a resident but are kept on the premises when not in use. This section shall apply to the following types of vehicles: a. Commercial trucks, tractors, vans, pick-ups, or other motor vehicles not exceeding 10,000 pounds gross vehicle weight; and b. Commercial trailers capable of being trailed behind a commercial motor vehicle that is allowed to be parked on the premises by this section. Created: 2024-12-17 17:12:47 [EST] (Supp. No. 6) Page 8 of 9 (2) Engines of commercial vehicles may not run continuously. A 30-minute engine warm-up time shall be permitted immediately prior to the commercial vehicle and/or any other motorized equipment leaving the premises. The warm-up period shall begin no earlier than 7:00 a.m. and end no later than 10:00 p.m. (3) Commercial trailers parked outside in residential districts shall be fully enclosed or be empty when not in transport. (4) Commercial trailers parked in residential districts shall be actually trailed and transported from the property no less than once per week. (Ord. No. 19-19, § 1(13-1716), 9-17-2019; Ord. No. 40-20, § 1, 12-1-2020; Ord. No. 25-21, § 8, 12-7-2021; Ord. No. 19-22, § 1, 8-30-2022) Created: 2024-12-17 17:12:47 [EST] (Supp. No. 6) Page 9 of 9 - CODE OF ORDINANCES Chapter 36 - SUBDIVISIONS ARTICLE II. - ADMINISTRATION DIVISION 1. GENERAL PROVISIONS SECTION 36-41 ZERO LOT LINE DWELLING DIVISION 1. GENERAL PROVISIONS Sec. 36-41. Zero Lot Line Dwellings. A Zero Lot Line Dwelling is a structure in which each unit within a two-family –semi-detached dwelling will be its own independent unit via ownership. This is typically accomplished through a Certified Survey Map (CSM) or Condominium Plat but can be done through other land division processes. While land use and building code are not typically involved in the land division review process, Zero Lot Line dwellings are unique in that the land use and ownership structure (as determined by the land division) impacts directly if a structure can comply with Zoning Code, Uniform Dwelling Code (UDC) requirements, SPS-321.08(2) fire separation and utility separation. (1) Existing structures may apply for a land division to become a zero lot line dwelling, but shall adhere to the following: a. A plan indicating building compliance with current building code is required. If the building is not in compliance with current building code, a building modification plan must be submitted. b. SPS-321.08(2) requires fire separation for zero lot line building. Fire separation for a zero lot line building ownership must be in compliance with one of the two design method options as noted below (XXX). Green Bay, Wisconsin, Code of Ordinances Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 1 of 4 Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 2 of 4 Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 3 of 4 c. Separate utility lines (water, storm sewer, and sanitary sewer) are also required for each lot. Utility separation must be demonstrated via a plan. If not, a plumbing modification plans must be submitted. The Inspection Department manages this review process. d. If the building plans are approved, the land division will be accepted by the Planning Department and follow the standard process as defined by Green Bay Municipal Code. e. If the building plans are denied, the Planning Department cannot accept the application due to noncompliance with the Zoning Code, UDC requirements, and/or SPS-231.08(2). (2) Land divisions that include new structures that will become zero lot line dwelling units shall follow the standard process as defined by Green Bay Municipal Code, with the following exception: a. The Zoning Administrator shall also review the land division application to confirm the property has the correct Zoning district designation and/or Conditional Use Permit on file. If the property does not, a Rezoning or CUP (and potentially other related actions) will be a condition of approval from the Planning Department during the Preliminary review of the land division. No land division shall be approved until the proper Zoning and/or Conditional Use Permit is in place. b. Construction of the new building will follow the regular process through the Inspection Division as defined by Green Bay Municipal Code. Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 4 of 4 - CODE OF ORDINANCES Chapter 36 - SUBDIVISIONS ARTICLE VII. - DESIGN REQUIREMENTS DIVISION 3. BLOCKS, PEDESTRIAN WAYS, AND LOTS DIVISION 3. BLOCKS, PEDESTRIAN WAYS, AND LOTS Sec. 36-453. Blocks, pedestrian ways, and lots. The size, shape and orientation of blocks, pedestrian ways and lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Block lengths in residential areas shall not exceed 1,500 feet. (Code 1984, § 14.720) Sec. 36-454. Pedestrian ways between blocks. (a) Where deemed essential to provide circulation or access to schools, shopping centers, transportation, and other community facilities, the developer shall dedicate pedestrian ways not less than 15 feet wide through the center of blocks more than 900 feet long and/or at the end of cul-de-sacs. (b) The developer shall construct the pedestrian way at the time streets are constructed in new developments. The pedestrian way shall be made of concrete and be six feet wide and designed according to City sidewalk standards. (c) Maintenance within the pedestrian way shall be the responsibility of adjacent property owners. (Code 1984, § 14.721) Sec. 36-455. Pedestrian ways adjacent to greenways, parks, and playgrounds. (a) Where deemed essential to provide circulation or access to greenways, parks, and playgrounds, the developer shall dedicate pedestrian ways not less than 30 feet wide between lots adjacent to parks. (b) The developer shall construct the pedestrian way at the time streets are constructed in new developments. The pedestrian way shall be made of asphalt and be ten feet wide, unless otherwise instructed by the Green Bay Parks, Recreation and Forestry Department. (c) Maintenance within the pedestrian way shall be the responsibility of the Green Bay Parks, Recreation and Forestry Department. (Code 1984, § 14.722) Sec. 36-456. Sidewalks/pedestrian corridors. (a) Sidewalks or other pedestrian corridors shall be provided on new streets and in new subdivisions in accordance with this section and Table 36-6. To the extent that a new subdivision will impact pedestrian needs on nearby existing streets, the requirements of Table 36-6 for existing streets may be applied if required by the Common Council. Table 36-6. Sidewalk/Pedestrian Corridor Requirements Green Bay, Wisconsin, Code of Ordinances Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 1 of 6 Planned Land Use Type of Street Sidewalk Requirements Sidewalk Requirements (and Density) for New Streets for Existing Streets Commercial and All streets Both sides Both sides industrial Residential (all Arterial streets Both sides Both sides densities) Single-family Collector Both sides Both sides preferred, at residential (all streets least one side required densities) Multifamily Collector Both sides Both sides residential (all streets densities) Residential (more Local streets Both sides Both sides preferred, at than four units per least one side required acre) Residential (one to Local streets Both sides preferred, at One side preferred, at four units per acre) least one side required least a four-foot shoulder on both sides required Residential (less Local streets One side preferred, at One side preferred, at than one unit per least a four-foot least a four-foot acre) shoulder on both sides shoulder on both sides required required Areas within two Local streets Both sides Both sides preferred, at blocks of a school least one side required (Adapted from Wisconsin Pedestrian Planning Guidance, Wisconsin Department of Transportation) (b) Possible exceptions. (1) Sidewalks may be omitted on one side of new streets where that side clearly cannot be developed and where there are not existing or anticipated uses that would generate pedestrian trips on that side. (2) Where there are frontage or service roads, the sidewalk adjacent to the main road may be eliminated and replaced by a sidewalk adjacent to the frontage or service road on the side away from the main road. (3) For rural roads not likely to serve development, a shoulder at least four feet in width, preferably eight feet on primary highways, should be provided. Surface material should provide a stable, mud-free walking surface. (4) A multi-use path or trail system within a subdivision, such as a conservation-by-design subdivision, may be substituted for required sidewalks if such a path is open to the public and connects at two ends to a public sidewalk or multi-use path when available. Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 2 of 6 (c) Effort should be made to add sidewalks where they do not exist and to complete missing links. Sidewalk connections and crosswalks at major intersections should be completed in coordination with new development. (d) Sidewalks should be a minimum of five feet wide in residential areas and wider in commercial areas, where an eight- to ten-foot walking corridor from street curb to building face may be required. Sidewalks internal to parking areas shall comply with the requirements of Chapter 44. (e) Sidewalk installation. This chapter shall supersede the new land division provisions of the City of Green Bay Sidewalk Installation Policy. (1) The cost to construct sidewalks shall be paid by the adjacent property owners and/or the subdivider. For sidewalks or pedestrian ways to be installed at the time of street construction, this cost shall be included in the required development fees (cash sum or cash equivalent) or may be addressed through the development agreement as applicable. (2) Sidewalks abutting residential lots or development sites shall be installed concurrently with the construction of the abutting housing units up to the time of at least 50 percent build-out of the subdivision or land division. A housing unit shall not be occupied until the abutting sidewalk is installed and an occupancy permit is granted. When more than 50 percent of the anticipated housing units have been constructed, the Common Council may order the installation of the rest of the required sidewalks. (3) The Planning and Public Works Departments may require as a condition of final plat approval that certain sidewalks or other pedestrian ways be installed at the time of street construction, including, but not necessarily limited to: a. Sidewalk radii at block corners including curb cuts and detectable warning surfaces in compliance with Department of Public Works requirements. b. Multi-use paths or trails being approved as an alternative to the minimum sidewalk requirements. c. Sidewalks along collector or arterial streets within the subdivision, portions of sidewalks not abutting residential lots or building sites, or other similar key pedestrian linkages. d. Mid-block or park access pedestrian ways shall be installed at the time of street construction in accordance with Sections 36-454 and 36-455. (4) Street frontages where sidewalks are required shall be shown on the face of the CSM or plat, and the following restrictive covenants shall also be placed on the CSM or plat: a. Where the locations of sidewalks have been graphically designated on the CSM or plat, the following restrictive covenant shall be used: "Concrete sidewalks shall be installed as shown on this CSM/subdivision plat. Sidewalks shall be installed in front of lots abutting the locations shown at the time the lots are developed and prior to receiving an occupancy permit or as directed by the Common Council of the City of Green Bay." b. Where the locations of sidewalks have not been graphically designated on the CSM or plat, the following restrictive covenant shall be used: "Concrete sidewalks shall be installed on (side of street/both) side(s) of (street) from (limit) to (limit). Sidewalks shall be installed in front of lots abutting (street) at the time the lots are developed and prior to receiving an occupancy permit or as directed by the Common Council of the City of Green Bay." Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 3 of 6 (Code 1984, § 14.723) Sec. 36-457. Lots. Lot size, width, depth, shape, and orientation shall be appropriate for the location of the plat or certified survey map (CSM) for the type of development and use proposed. The use of green or sustainable development features are encouraged, such as promoting solar access with lot layout, employing infill or redevelopment, using pervious or semi-pervious paving or other appropriate alternative stormwater management features, enhancing walkability or other alternative modes of transportation, following the principles of LEED-ND (neighborhood design), and the like. (1) Minimum lot size and setbacks shall conform to the requirements of Chapter 44 in direct relationship to the zoning district for the proposed lot. (2) Any easement or combination of adjacent easements that are greater than 20 feet wide shall not be considered in determining minimum lot area. (3) Any portion of a lot having a width of less than 30 feet shall not be considered in determining the minimum lot area. (4) Side lot lines shall be substantially at right angles or radial to the public street rights-of-way. (5) The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by Chapter 44. (6) All existing lots shall be connected to public sewer and water systems before any occupancy permits are granted. (7) Lots of varying width shall be divided with more than 50 percent of their maximum width measured as public street frontage, excluding those divided on cul-de-sacs. (8) Division or re-division of existing platted lots. Existing lots located in a clearly defined block of previously platted lots may be divided or re-divided, reducing lot width and area., provided: a. They are not less than the average lot width and area of those lots located on both sides of the street within a distance of 300 feet from the corners of the proposed lots. b. Each lot has at least 50 feet in frontage and 5,000 square feet in area. (Code 1984, § 14.724) Sec. 36-458. Non-sewered lots. Residential lots not served by public sewerage disposal facilities are limited to one single-family dwelling and one on-site sewage disposal system and shall comply with Wis. Admin. Code Ch. SPS 383, and all other applicable state, county, and local requirements. All lots created prior to August 1, 2002, not served by public sewerage disposal facilities shall have a minimum lot area of 40,000 square feet and a minimum street frontage of 100 feet measured along the right-of-way of a public street. (Code 1984, § 14.725; Ord. No. 39-10) Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 4 of 6 Sec. 36-459. Lot combination. Pending installation of public sewers, the minimum lot area and the minimum lot width may be provided through the use of two or more lots if suitable lot combinations are designated on the recorded final plat or CSM. The following restrictive covenant shall be placed on the document in such cases: "Lots _____ and _____ shall remain under the same ownership until such time as these lots are serviced by, and the existing homes are connected to, public sanitary sewer and water." (Code 1984, § 14.726) Sec. 36-460. Lot frontage. (a) All lots shall abut on a public street. (b) Street frontage for lots on cul-de-sac bulbs or the outer radius of a curved street shall be per the requirements of Chapter 44.a minimum of 50 feet. (c) Street frontage for lots designed for attached or semi-detached structures shall be per the requirements of Chapter 44.a minimum of 40 feet. (d) Street frontage for lots designed for attached or semi-detached structures on cul-de-sac bulbs or the outer radius of a curved street shall be per the requirements of Chapter 44.a minimum 25 feet. (e) Corner lots shall have sufficient width to provide usable rear yards and to permit full building setbacks as set forth in Chapter 44 and other regulations. (Code 1984, § 14.727) Sec. 36-461. Double frontage lots. Double frontage lots shall not be permitted, except where desirable to provide separation of residential development from traffic arterials or inharmonious uses, or to overcome disadvantages of topography or situation. Double frontage lots shall have no right of access to the abutting traffic arterial, but shall be provided access through the lesser street. A planting screen easement of at least 20 feet shall be established between the residential lots and the abutting traffic arterial or inharmonious use. (Code 1984, § 14.728) Sec. 36-462. Statement for lots designed for attached or semi-detached structures. The following restrictive covenants shall be placed on the face of all CSMs and subdivision plats with lots designed for attached or semi-detached structures: (1) "When lots designed for attached or semi-detached structures are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe, and maintenance, shall be guarded against by private covenants and deed restrictions and the approving authorities shall not be held responsible for same." (2) "Building permits are limited to the development of attached or semi-detached structures on Lots _____ through _____ inclusive, unless two adjoining lots are combined and used as a single lot for the construction of a single-family dwelling unit. In this case, an odd number of lots may not be left as a series of consecutive lots." Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 5 of 6 (Code 1984, § 14.729) Sec. 36-463. Attached dwelling unit utilities. When attached dwelling units are created, the plans, specifications, and construction of such buildings shall require the installation and construction of separate sewer, water, and other utility services to each dwelling unit. (Code 1984, § 14.730) Sec. 36-464. Lots on municipal boundaries. Lots shall always follow municipal boundaries rather than cross municipal boundaries. (Code 1984, § 14.731) Sec. 36-465. Further land divisions. Further division of lots containing 100 feet of frontage or less, presently abutting existing improved streets, shall not be permitted. (Code 1984, § 14.732) Secs. 36-466—36-483. Reserved. Created: 2024-07-11 11:24:02 [EST] (Supp. No. 6, Update 2) Page 6 of 6 - CODE OF ORDINANCES Chapter 44 - ZONING ARTICLE III. - DEFINITIONS DIVISION 2. DEFINITIONS DIVISION 2. DEFINITIONS Sec. 44-249. General definitions. Unless otherwise expressly stated or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall, for the purposes of this chapter, have the meanings indicated. All words and phrases not defined shall have their common meaning. Definitions of land uses listed in this chapter are listed in Section 44-250. Definitions of signs are listed in Section 30-3. ADT means average daily traffic volumes of vehicles on a street. Accessory building means a subordinate building or a portion of the main building, the use of which is clearly incidental to that of the main building and which is located on the same lot as the main building. See the following graphic. Accessory Building Accessory use means a use on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. Adaptive re-use means a change in use from that for which a structure was originally intended. Such a change provides for the continued utility of the structure without significantly altering the form and character of the original structure. Affordable housing means housing in which mortgage, amortization, taxes, insurance, and condominium and association fees, if any, constitute no more than 30 percent of gross annual household income for a family earning 80 percent of the region's median income. In the case of dwelling units for rent, housing that is affordable means housing for which the rent and utilities constitute no more than 30 percent of gross annual household income for a family earning 80 percent of the region's median income. Alley means a public or private way typically less than 20 feet wide and permanently reserved as a means of access to abutting property. Green Bay, Wisconsin, Code of Ordinances Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 1 of 30 Annexation means the act or process of adding land to a governmental unit, usually an incorporated place, by an ordinance, court order, or other legal action. Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Apartment. See Multiple-family dwelling. Area, building. See Building coverage. Area, lot, means the total horizontal area within the lot lines of a lot. Basement means that portion of a dwelling below the first floor or ground floor with its entire floor below grade. Bioretention area means excavated area that is back-filled with a prepared or amended soil mixture, which may or may not be covered with a mulch layer and planted with a diversity of woody or herbaceous vegetation, to which stormwater is directed to promote infiltration or evapotranspiration. Such an area may also be known as a "rain garden." Boathouse means a permanent structure used for the storage of watercraft and associated materials, including all structures which are totally enclosed and have roofs or walls or any combination of structural parts. Building means a structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals, or chattels. When separated by division walls from the ground up and without openings, each portion of such structure shall be deemed a separate building. Building alteration means changes to structural parts, mechanical equipment, or location of openings, but does not increase the overall area of the building. Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot, generally expressed as a percentage of lot area. Building entry means the doorway into a building along with the architectural treatments that accompany it. Building facade means the entire area of a building facing or side extending from the roof or parapet to the ground and from one corner of the building to another. Building height means the vertical distance measured from the curb level to the mid-height of the roof surface on a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. For buildings set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided its distance from the street line is not less than the height of such grade above the established curb level. See the following graphic example. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 2 of 30 Building Height Building scale means the relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth. Canopy tree means a woody perennial usually having one dominant trunk and a mature height greater than five meters (16 feet). Certificate of zoning means a document that acknowledges that a use, structure, building, or lot either complies with or is nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom. Channel means natural or artificial watercourse of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow means that water which is flowing within the limits of the defined channel. Cistern means a collection system that does not exceed 5,050 gallons and detains rainwater or stormwater runoff in above-ground or underground storage tanks for later outdoor use. A cistern of under 120 gallons in capacity typically is known as a "rain barrel." Class II public notice means publication of a public hearing notice pursuant to Wis. Stats. Ch. 985. Co-location means location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or structure. Columbarium means a building for the entombment of the cremated remains of human bodies as a part of a cemetery. Commercial motor vehicle means a truck, van, or commercial vehicle with less than 10,000 pounds gross vehicle weight rating. Community Development Review Team (CDRT) means a group of professionals who conduct the administrative review of all site plan approval requests. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 3 of 30 Community gardens means sectioned plots of land for individual or group use for the planting, growing and cultivation of fruits, vegetables, plants, flowers, and herbs. Personal gardens on private property used as an accessory use do not apply. Conditional use means uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Corporate retreat means a single-family dwelling unit which is provided with or without monetary compensation by a business, company or corporation, including a nonprofit corporation, to transient occupants, including, but not limited to, agents, customers, clients, consultants, employees, directors, executives or shareholders of the business, company or corporation. Crematorium means a facility within either a funeral home or a cemetery for the cremation of bodies. Curb cut means a curb break or a place or way provided for the purpose of gaining vehicular access between a street and abutting property. Curb level means the mean level of the established curb in front of the building. Where no such curb has been established, the City Engineer shall establish such curb level for the purpose of these regulations. Density means the number of dwelling units permitted on a site, customarily expressed as dwelling units per acre of buildable area. Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures, or accessory structures; the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; and the storage, deposition, or extraction of materials. Development standard means supplemental regulations that address the unique characteristics of certain land uses. Drainage system means one or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. The term "drainage system" shall include storm water conveyance systems as defined in Section 30.04(75), Green Bay Municipal Code. Driveway means an access for vehicles between a roadway and a parking space, garage, dwelling, or other structure. Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate toilets and facilities for cooking and sleeping from any other dwelling unit. Eagle III Rescue means critical care trained personnel prepared for all types of medical emergencies comprised of ground, fixed wing, and helicopter unit transportation. Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce, or aid in the prevention, measurement, control, or monitoring of noise, air, or water pollutants, solid waste, and thermal pollution, radiation, or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptance pollution control standards or which are to be supplemented or replaced by other pollution control facilities. Equalized assessed value means the value of the real property therein as determined by the Department of Revenue under Wis. Stats. § 70.57. Erosion means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 4 of 30 Erosion control measure means a practice or combination of practices to control erosion and attendant pollution. Erosion control plan means a written description of the number, locations, sizes, and other pertinent information of erosion control measures designed to meet the requirements of this chapter, submitted by the applicant for review and approval by the Director of Public Works or Building Inspection Superintendent. Family means a group of two or more persons related by blood, marriage, adoption, or foster care arrangement living together as a single housekeeping unit or a group of not more than three adults not so related maintaining a common household. Federal Aviation Administration (FAA) means an agency of the United States Department of Transportation with authority to regulate and oversee all aspects of civil aviation in the U.S. Fence means an enclosure or barrier, such as wooden posts, wire, iron, masonry or other manufactured material or combination of materials, erected to enclose, screen, or separate areas. Fixed houseboat means a structure not actually used for navigation which extends beyond the ordinary high water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spud poles attached to the bed of the waterway. Flood means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel. Flood, regional, means a flood determined by the State Department of Natural Resources and the Federal Insurance Administration in the flood insurance study for the City dated May 2, 1977, which is representative of large floods known to have occurred generally in Wisconsin and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has an average frequency on the order of the 100-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region. Flood, standard project, means a hypothetical flood projected by the U.S. Army Corps of Engineers, Division of Environmental Protection, or the City Engineering Office representing the critical flood runoff volume and peak discharge that may be expected from the most severe combination of meteorological and hydrologic conditions that are considered reasonably characteristic of the geographical region involved, excluding extremely rare combinations. Flood delineation means based on the channel of the river or stream and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood without any measurable increases in flood heights. Flood frequency means a means of expressing the probability of flood occurrences as determined from statistical analysis of representative stream flow records. The frequency of a particular stage of discharge is usually expressed as occurring once in a specified number of years. Flood profile means a graph of a longitudinal profile showing the relationship of the water surface elevation of a flood event to a location that generally is expressed as a distance upstream from a designated point on a stream or river. Flood protection elevations means that elevation which corresponds to a point not less than two feet above the water surface profile associated with the regional flood plus any increases attributable to encroachments in the floodway. Floodplain means land adjacent to a body of water which has been or may hereafter be covered by floodwater, including, but not limited to, the regional flood. Floodplain storage capacity means the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time regardless of whether the water is moving. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 5 of 30 Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities and structures and contents of buildings in a flood hazard area. Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including, but not limited to, flood flows associated with the regional flood. Floor area ratio (FAR) means the gross floor area of all buildings or structures on a lot divided by the total lot area. See the following graphic example. Floor Area Ratio Garage, private. See Accessory uses. Green infrastructure means any combination of landscaping, facilities, or equipment that captures rain at or near the site where it falls through infiltration, evapotranspiration, or storage for beneficial use or delayed discharge. Green infrastructure includes but is not limited to amended soil areas, bioretention areas, rain gardens, green roofs, vegetated swales, landscaping with deeply-rooted plants in amended soil, cisterns, rain barrels, stormwater trees, permeable pavements, planter boxes, and vegetated buffer strips, as well as the removal of structures or pavements to allow revegetation. Green roof means an engineered roofing system that includes vegetation planted into a growing medium above an underlying waterproof membrane material which is designed to reduce the volume or peak flow of stormwater runoff from a building roof. Green wall means the use of a supporting structure or wall panel installed to enable plants to grow vertically along the façade of a building or structure in order to provide air and water quality improvement as well as aesthetic enhancement. Grid-intertie solar system means a photovoltaic solar system that is connected to an electric circuit served by an electric utility company. Gross acre means an acre of land (43,560 sq. ft.) that includes street rights-of-way and other publicly- dedicated improvements, such as parks, open space, and stormwater management measures. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 6 of 30 Gross floor area means the sum of the gross horizontal area of a floor or several floors of a building or structure measured from the exterior face of exterior walls or the centerline of a wall separating two buildings or structures, not including uninhabitable attics or basements, underground parking, uncovered steps or decks, and exterior balconies. Ground floor means that level of a dwelling below the first floor located on a site with a sloping or multi-level grade and which has a portion of its floor line at grade. Height of building. See Building height. Historic Preservation Commission means a City commission empowered to enforce the regulations of Article XV of this chapter. Home-based occupation means the use of a home in a residential zoning district that is clearly incidental to and secondary to the use of a dwelling unit by only persons residing in said home. Home occupation certificate. See License for home occupation. Homeless family means a group of two or more related individuals who are homeless individuals. Homeless individual means an individual who lacks a fixed, regular, and adequate nighttime residence (without regard to whether the individual is a member of a family) or an individual whose primary nighttime residence is a supervised public or privately operated shelter designed to provide temporary living accommodations. Temporary living accommodations include welfare hotels, congregate shelters, dormitories, and transitional housing. Impervious surface means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, swimming pools, ponds, decks, sidewalks, driveways, gravel, and paved parking lots and streets are examples of areas that typically are impervious. See graphic example. Green infrastructure, gardens, forests, or other similar vegetated areas are examples of surfaces that typically are permeable. Impervious Surface In-fill lot means any vacant lot or parcel within developed areas of the City where at least 80 percent of the land within a 1,000-foot radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been provided. Lots that have private restrictions or housing covenants that outline a general style of housing are not considered infill lots. Land development activity means the construction of buildings, roads, parking lots, paved storage areas, and similar facilities. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 7 of 30 Land-disturbing construction activity means any human-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state, including clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities, and soil stockpiling. Landowner means any person holding title to or having interest in land. License of home occupation means a certificate (renewed annually) certifying that a use within a residential structure is in compliance with the regulations of the Municipal Code. Local representative means a property owner or their designee who permanently resides within the City of Green Bay or a licensed property management company with a physically staffed office within the City of Green Bay who manages a short-term rental. Lot means land occupied or to be occupied by a building and its accessory building, including such open spaces as are required under this chapter, having its principal frontage upon a public street or officially approved place. See the following graphic. Lot, corner, means a lot abutting two or more streets at their intersection or two parts of the same street forming an interior angle of less than 135 degrees. See the following graphic. Lot, interior, means a lot other than a corner lot. See the following graphic. Lot, through, means an interior lot having frontage on two streets. See the following graphic. Lot Types Lot line means a line dividing one lot from an adjoining lot, public place, or public right-of-way, including any of the following: (1) Front lot line. The street frontage shall be the front lot line. On a corner lot, the front lot line shall be along the same street as the front lot line of the immediately adjacent interior lot or, if adjacent to two or more interior lots, the street frontage with the smallest dimension. See the following graphic. (2) Rear lot line. The lot line most closely opposite the front lot line. A triangular lot has two side lot lines but no rear lot line. For any other irregularly shaped lot, the rear lot line is any lot line that is nearly opposite the front lot line. See the following graphic. (3) Side lot line. Any lot line that is neither a front nor a rear lot line. See the following graphic. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 8 of 30 Lot Lines Lot width means the distance between a side lot line and another side lot line or a side street lot line, measured at the front setback. Meteorological tower (met tower) is defined to include the tower, base plate, anchors, and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. Monument means a structure erected to commemorate and/or a memorial perpetuating the memory of a person or event. Motor vehicle, commercial, means a vehicle, which is intended to be self-propelled, including, but not limited to, automobiles, trucks, recreational vehicles, watercraft, and all-terrain vehicles greater than 10,000 pounds. Motor vehicle, residential, means a vehicle, which is intended to be self-propelled, including, but not limited to, automobiles, vans, trucks, and motorcycles as listed below: (1) Passenger vehicle, compact. Any passenger vehicle that does not exceed six feet in width and/or 15 feet in length. (2) Passenger vehicle. Private passenger vehicle properly licensed and operable of less than 10,000 pounds gross vehicle weight rating. (3) Trucks and commercial vehicles. A truck, van, or commercial vehicle with less than 10,000 pounds gross vehicle weight rating. (4) Recreational vehicle. An operable vehicle primarily used for leisure activities, including, but not limited to, motor home, camper trailers, boats with or without trailers, utility trailers, all-terrain vehicles, snowmobiles and like motorized and non-motorized vehicles. Navigable waters means a Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under state law. Under Wis. Stats. § 14.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 61.351 or 62.221 and Wis. Admin. Code Ch. NR 117 do not apply to lands adjacent to farm drainage ditches if: Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 9 of 30 (1) Such lands are not adjacent to a natural navigable stream or river; (2) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and (3) Such lands are maintained in nonstructural agricultural use. Net acre means an acre of land excluding street rights-of-way and other publicly-dedicated improvements, such as parks, open space, and stormwater detention and retention facilities. Net floor area means the horizontal area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as restroom, permanent storage areas, stairwells and ramps, loading facilities, mechanical rooms, and vents or shafts devoted to elevators, wiring, or mechanical equipment. Nonconforming lot means a lot which does not comply with lot width or lot area requirements of the Municipal Code. Nonconforming structure means buildings and structures that do not meet the setback, height, or other dimensional or density requirements of this chapter for permitted uses in the zoning district in which they are located. Nonconforming use means a use lawfully in existence on the effective date of the adoption of the ordinance from which this chapter is derived and not conforming to the regulations of the zoning district in which it is situated. Nonstructural alteration means ordinary repairs that include, but are not limited to, external painting; decorating; paneling; the repair or replacement of doors, windows, nonbearing walls, fixtures, heating and cooling components, wiring, plumbing, roofing, and other nonstructural components. Off-grid solar system means a photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company. Open space, common, means squares, greens, neighborhood parks, community parks, greenways, and other open space owned and maintained by the City, by a homeowners' association, or by other organizations for recreation or natural resource protection and generally accessible to the public. Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction, or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Ornamental refers to trees that are grown primarily for blooms, fruit, foliage, or other seasonal interest. Ornamental trees may be small to medium size at maturity. Overlay district means a zoning district that restricts or modifies uses permitted in the underlying zoning district. Parking lot alteration means modifications to parking areas that do not increase the limits of the existing parking lot and include the following: (1) Patch means re-striping, crack filling, seal coating as general maintenance of existing parking areas, including filling in, removal and replacement of up to 500 square feet of pavement. (2) Resurfacing means existing surfaces that are removed above the base course and repaved with no expansion of the parking area. (3) Rehabilitation means existing parking areas are pulverized and compacted in place with pavement being added on top of the new base material with no expansion of the parking area. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 10 of 30 (4) Reconstruction means existing pavement and base course are removed with the sub-base being re- compacted to allow for pavement or base course and pavement being placed with no expansion of the parking area. (5) New construction means virgin soil or exposed soil is modified to allow for the construction of a parking area. Permeable surfacing means material(s) and accompanying subsurface treatments designed and installed specifically to allow stormwater to penetrate into the material, thereby reducing the volume of stormwater runoff from the surfaced area. Permeable surfacing may include, without limitation, paver blocks, "grasscrete," or similar structural support materials, and permeable concrete or asphalt. Permitted use means any use which is or may be lawfully established in a particular district, provided it conforms to all the regulations and requirements applicable to that district or any use determined by the Zoning Administrator to be substantially similar to a permitted use. Photovoltaic system means an active solar energy system that converts solar energy directly into electricity or another energy form. Plan Commission means a City commission established to promote and administer all planning functions required by Wis. Stats. § 62.23. Pond means any naturally occurring or constructed body of water that retains or detains the natural flow of water. This definition does not include ponds used for or part of a stormwater management plan, as regulated in Chapter 30 of the Green Bay Municipal Code. Pool means any constructed or prefabricated structure either temporary (installed for a duration of less than seven days) or permanent (installed for a duration of seven days or more), either aboveground or in-ground and containing or normally capable of containing water that is primarily for the purpose of wading, swimming, or other recreation use. This definition excludes hot tubs, spas, and ponds. Prohibited use means any use in a particular district that does not conform to the regulations and requirements applicable to that district or any use determined by the Zoning Administrator to not be substantially similar to a permitted use. Queuing means the use of one travel lane on local streets with parking (usually an intermittent parking pattern) on both sides. Rain barrel has the same meaning as "cistern." Rain garden has the same meaning as "bioretention area." Right-of-way means a public or private area that allows for the passage of people or goods. Rights-of-way include, but are not limited to, passageways, such as waterways, freeways, streets, bike paths, alleys, and walkways. A public right-of-way is a right-of-way dedicated or deeded to the public or condemned by the public for public use under the control of a public agency. Rotor diameter means the cross-sectional dimension of the circle swept by the rotating blades. Runoff means the rainfall, snowmelt, or irrigation water flowing over the ground surface. Setback, front yard and corner side yard, means the space between the setback line of the building or use and the street right-of-way line. See the following graphic. Setback, rear yard, means the space between the rear yard setback line of the building or use and the rear lot line. Where an alley exists, minimum horizontal distance may be measured from the centerline of the alley. A rear yard adjoining a public street is considered a corner side yard. See the following graphic. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 11 of 30 Setback, side yard, means the space between the side line of the building or use and the side lot lines unless the side line of the building or use is on a corner lot, in which case it shall be a corner side yard setback. See the following graphic. Setbacks Shadow flicker means the visible flicker of light when rotating blades of the small wind energy system cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow. Shorelands means lands with the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. Short-term rental (STR) means a dwelling unit in which paying guests are entitled to occupancy for a period less than 28 calendar days. Short-term rental permit (STRP) means a permit issued by the City of Green Bay Department of Community and Economic Development to the local representative for compliance with a short-term rental. Short-term vacation unit means a dwelling unit which is provided for compensation to an occupant for less than 28 consecutive calendar days, other than a bed and breakfast. For the purposes of this definition, compensation includes, but is not limited to, monetary payment, services or labor of employees. Sidewalk means that portion of a public street right-of-way or public easement that is paved or otherwise surfaced and intended for pedestrian use. Site means the entire area included in the legal description of the land on which a land-disturbing or land- development activity is proposed. Site area means the total horizontal area included within the property lines of a site devoted to or intended for a use or occupied by a structure or a group of structures. Small wind energy system means a wind energy system that: (1) Is used to generate electricity; (2) Has a nameplate capacity of 100 kilowatts or less; and (3) Has a total height of 170 feet or less. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 12 of 30 Small wind energy system owner means the individual or entity that intends to own and operate the small wind energy system in accordance with this chapter. Solar energy means active radiant energy (direct, diffuse, and reflected) received from the sun. Spa (hot tub) means any hydro-massage pool or tub for recreational or therapeutic use designed for immersion of users that may or may not be equipped with a filter, heater, and motor driven blower. Specified anatomical areas (see Adult entertainment establishment under commercial recreation and entertainment) means: (1) Less than completely and opaquely covered: human genitals, pubic region; buttock; female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Stadium means a permanent or semi-permanent facility that conducts events and has designated seating for spectators. Stormwater management plan means a comprehensive plan that identifies and designs what actions will be taken to reduce storm water quantity and pollutant loadings from the post-development land use condition to levels meeting the requirements of Chapter 30. Stormwater planter box means a structure with vertical walls and an open or closed bottom, which may be attached to a building or structure, that is planted with a soil medium and vegetation intended to collect, absorb, and filter runoff from impervious surfaces. Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. Story, half, means that portion of a building between the eaves and ridge lines of a pitched roof which may or may not be used for tenant purposes. Street means a strip of land including the entire right-of-way, publicly- or privately-owned, serving as a means of vehicular travel and furnishing access to abutting properties which may also be used to provide space for sewers, public utilities, shade trees, and sidewalks. A street is typically more than 20 feet wide. Structural alteration means any change which would alter the supporting structures or members of a building or structures, such as bearing walls, columns, beams or girders. Terrace area means the space between the street pavement and the sidewalk, if any, excluding the driveway apron, often landscaped with grass and street trees. The Austin Straubel International Airport Zoning Ordinance means Brown County Code of Ordinances, Chapter 24, Airport Zoning Districts. Total height (small wind energy systems) means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. Tower means any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Traditional neighborhood means a compact, mixed-use neighborhood where residential, commercial, and civic buildings are within close proximity to each other. Transient residential occupant means a person who is entitled to occupancy at any Transient Residential Use. Transient residential permit (TRP) means a permit issued by the City of Green Bay Clerk to the Local Representative for compliance with a conditional use permit for a transient residential use. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 13 of 30 Transient residential use means a single-family dwelling unit in which a private homeowner's paying guests or a corporate retreat's guests are entitled to occupancy for a period less than 28 consecutive calendar days. Transient room tax means a fee based on the current hotel room tax for Brown County. Transient vacation unit means a dwelling unit which is provided for compensation to transient occupants for less than 28 consecutive calendar days, other than a bed and breakfast. For the purposes of this definition, compensation includes, but is not limited to, monetary payment, services or labor of employees. Transitional yard means an area used as a visual and noise separation/buffer of intensive uses from less intensive uses. See the following graphic. Transitional Yard Unbuildable area means the area of a property upon which structures or parking are not permitted due to natural features and required setbacks. The following natural features, when present within a parcel, constitute unbuildable area: (1) Floodways, as defined. (2) Navigable waters. (3) Slopes of 20 percent or greater. (Gradients between 20 percent and 30 percent may be used for construction if acceptable engineering solutions are presented to and accepted by the Department of Public Works.) (4) Wetlands. (5) Required setback areas. Underlying zoning means that district existing at the time the overlay zoning is adopted or as subsequently amended. Unnecessary hardship means circumstances where special conditions which were not self-created affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height, or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter. Variance means an authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter. Vegetative buffer strip means a vegetated area designed, constructed, and planted as an integral and intentional component of a stormwater management or landscape plan, in a manner specifically intended to collect and slow stormwater runoff and promote uptake by plants and soils. A vegetated filter strip also may be Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 14 of 30 designed in a manner that provides visual and noise buffering between uses. A "vegetated buffer strip" also may be known as a "vegetated filter strip." Vision triangle (sight clearance) means triangular area enclosing an isosceles triangle scribed by two 25-foot equal legs extended each way from the vertex of two intersecting streets, such corner determined by projecting the curblines out to where they meet, or the triangular area enclosing an isosceles triangle scribed by two 15-foot equal legs extended each way from the vertex of an intersecting street and alley or two alleys, such corner determined by projecting the curblines out to where they meet. See the following graphic. Vision Triangle (Sight Clearance) Waste collection area means facilities or areas intended for the temporary retention of garbage, recyclable materials, and other refuse awaiting collection. Waste collection areas consist of dumpsters, bins, and/or trash cans, visually screened from horizontal view from a public street or an adjoining property with fencing or vegetation, and not located within the minimum front or side yards of a property. Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures, or dike and dam construction in a wetland area. Wetlands means those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. Wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis. Stats. § 66.0403(1)(m)). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, inverter, batteries or other component used in the system, including freestanding and roof-mounted systems. Wind generator means blades and associated mechanical and electrical conversion components mounted on top of the tower. Zoning Administrator means that person designated to and responsible for interpreting and administering this chapter. (Code 1984, § 13.302; Ord. No. 5-08; Ord. No. 16-08; Ord. No. 9-09; Ord. No. 36-09; Ord. No. 42-10; Ord. No. 1-11; Ord. No. 14-11; Ord. No. 9-12; Ord. No. 10-15; Ord. No. 20-16; Ord. No. 16-22, §§ 1, 2, 6-7-2022) Sec. 44-250. Land use definitions. This section defines each land use listed in the use tables of the various zoning districts in the order they appear in the tables. General definitions are listed in Section 44-249. Definitions of signs are listed in Section 30-3. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 15 of 30 (1) Residential uses. Single-family detached dwelling means a separate and detached one-family residence on a single lot designed and arranged for use by one family or household. See the following graphic. Single-Family Detached Dwelling Two-family dwelling, duplex means a separate or detached two-family residence on a single lot, the first and second floors of which are each designed and arranged for use by one family. This type of dwelling is commonly referred to as an upper/lower duplex. See the following graphic. Two-Family Dwelling, Duplex Two-family dwelling, semi-detached, means a dwelling within a building containing two attached dwelling units which share a common wall. The dwelling units may be located on the same lot or on separate lots, with the common wall at the lot line. See the following graphic. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 16 of 30 Two-Family Dwelling, Semi-Detached Single-family attached dwelling, townhouse means a one-family dwelling unit with an individual private entrance which is part of a structure containing more than two dwelling units attached horizontally in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation. See the following graphic. Single-Family Attached Dwelling, Townhouse Multiple-family dwelling means a building containing three or more dwelling units; also known as apartment house/apartment building. This type of dwelling typically, but not always, has a common/shared entrance. See the following graphic. Multiple-Family Dwelling Carriage-house dwelling means an additional dwelling unit subordinate to the principal dwelling on the lot and located above a detached garage. Accessory Dwelling Unit (ADU) means a residential dwelling unit on the same parcel as a single-family, two- family duplex or a two-family semi-detached dwelling. The ADU provides complete independent living facilities for one family per Wisconsin’s Unified Dwelling Code. It may take various forms: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled principal/primary dwelling. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 17 of 30 Live-work unit means a dwelling unit in combination with a shop, office, studio, or other workspace within the same unit where the resident occupant both lives and works. (2) Congregate living uses. Rooming house, boarding house means a building that provides a dwelling space to be occupied by four or more individuals who are unrelated and do not constitute a family or by a family and two or more unrelated individuals. A fee is paid to the leaseholder or owner for occupancy for usually longer than one night, and common facilities may be shared, including toilet and kitchen. If, in addition to a room, the leaseholder or owner, as part of the fee for services, provides meals, then the building is considered a boarding house. A rooming house/boarding house may be considered a dormitory as defined and regulated within this Code. Community living arrangement means a facility licensed, operated, or permitted by the State of Wisconsin that is either: a. A facility where four or more children reside and are provided with care and maintenance by persons other than a relative or guardian. This definition includes foster homes, treatment foster homes, community living arrangements for children, and residential childcare centers as defined by Wisconsin State Statute, but does not include educational institutions, public agencies, hospitals, maternity homes, nursing homes, or sanitariums. b. A facility where three or more adults not related to the operator reside and are typically provided with care, treatment, or services above the level of room service, which may include prescribed personal care. This definition includes Community Living Arrangements (CLAs), Community Based Residential Facilities (CBRFs), and Adult Family Homes (AFHs) as defined by Wisconsin State Statutes, but does not include transitional housing, nursing homes, prisons, jails, correctional facilities, convents, monasteries/seminaries, or educational institutions and related student housing. Shelter facility means a temporary place of lodging for homeless individuals or homeless families. A shelter facility may be considered a dormitory as defined and regulated within this Code. Transitional housing means a premises, other than a community living arrangement or community based residential facility, for the temporary placement of persons on parole, extended supervision, or probation in a controlled environment, including supervision or monitoring. A transitional housing facility may be considered a dormitory as defined and regulated within this Code. Dormitory means a communal-type living arrangement of four or more persons not related by blood, adoption, or marriage who share common sleeping areas, kitchen, bath, or restroom facilities. This definition includes, but is not limited to, shelter facilities, educational facility housing, rooming houses, boarding houses or lodging houses, community living arrangements, community-based residential facilities, migrant housing, seminary, or similar institution. Fraternity, sorority means a building used as group living quarters for students of a college, university, or seminary who are members of a fraternity, sorority, or other group that has been officially recognized by the college, university, or seminary. A fraternity/sorority may be considered a dormitory as defined and regulated within this Code. Convent, monastery, seminary, and religious retreat mean a building or group of buildings that serves as the primary dwelling and place of work and worship for members of a religious order. A convent, monastery, seminary, and religious retreat may be considered a dormitory as defined and regulated within this Code. Nursing home, assisted living facility means a building or complex of buildings where four or more persons who are not related to the operator or administrator reside, receive care or treatment Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 18 of 30 and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services, as defined in Wis. Stats. § 50.01. A nursing home/assisted living facility may be considered a dormitory as defined and regulated within this Code. (3) Educational uses. School, elementary or secondary, means a public, parochial, or private school which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as an elementary school, grade school, middle school, junior high school, or high school. College, university, means an educational institution authorized by the state to award associate, baccalaureate, or higher degrees or any campus of the state vocational, technical, or adult education system. School, specialty or personal instruction, means a business, professional, trade, or other specialty school, including, but not limited to, a school offering instruction in music, art, dance, martial arts, GED preparation, computer use or programming, or cosmetology. Daycare home/daycare center, preschool means a facility that provides supervision and care of preschool age children on a regular basis for periods less than 12 hours per day. Daycare or preschool facilities are licensed by the State of Wisconsin Department of Health and Family Services and classified as one of the following: a. Family daycare home means a dwelling unit licensed as a daycare center by the Wisconsin Department of Health and Family Services where care is provided for up to eight children at one time. b. Group daycare center, preschool means a program licensed to provide care for nine or more children at one time. Adult daycare home means a residential dwelling where services are provided for part of a day in a group setting to adults who need assistance with activities of daily living, supervision, or protection. Services may include personal care and supervision, provision of meals, medical care, medication administration, transportation, and activities designed to meet physical, social, and leisure time needs. Such facilities are not licensed by the State of Wisconsin, but may be certified by the State. (4) Institutional and civic uses. Cemetery means a place for the internment of the dead, divided into burial lots subdivided in a cemetery plat in accordance with Wis. Stats. § 157.07, and may also include mausoleum or columbarium and also allow a crematorium as an associated use. Community center or neighborhood center means a building used as a place of meeting, recreation, or social activity catering primarily to the surrounding area or neighborhood. The center may be owned or leased by a public agency or nonprofit organization and is generally open to the public for daily use or scheduled events. Cultural institution means an institution that displays or preserves objects of interest of the arts or sciences. This term includes, but is not limited to, a museum, gallery, or planetarium. Hospital means a state-licensed institution providing primary health services and medical, psychiatric, or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions. Also included are related accessory uses or facilities, such as laboratories, outpatient facilities, and training, research, and administrative services for patients and employees. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 19 of 30 Clinic or healthcare facility means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis. Also included are related accessory uses, such as emergency treatment facilities, diagnostic services, training, administration, and other services to outpatients, employees, or visitors. Library means a public, nonprofit facility in which books, manuscripts, computers, films, or similar materials are kept for use by or loan to patrons but not normally offered for sale. Park, playground or recreational center means a public, noncommercial park, playground, or open space, including any park buildings or other structures. This term does not include commercial recreation facilities. Religious institution or place of worship means a facility where people regularly assemble for religious worship and any incidental religious education which is maintained and controlled by a religious body. This term does not include an elementary, secondary, or specialty school or college. (5) Office uses. General office means use of a building for administrative, executive, professional, research, or similar organizations having only limited contact with the public. A general office is characterized by a low proportion of vehicle trips attributable to visitors or clients in relationship to employees. Examples include, but are not limited to, firms providing architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, or legal services. Government office means an administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of the agency's vehicles. Bank or financial institution means a financial institution that is open to the public and engaged in deposit banking and that performs the related functions of making loans, investments, and fiduciary activities. The bank may be in a freestanding building or contained in an office building with other uses and with or without a drive-up window. Medical office or clinic means an establishment providing diagnostic and outpatient medical, dental, chiropractic, or similar therapeutic care on a routine basis. Such facility may be staffed by physical or mental healthcare professionals who provide specialized diagnostic, testing, physical therapy, or treatment services, including clerical and administrative services, to persons for periods of less than 24 hours. Artist's studio means workspace for artists, artisans, or craftspersons who are engaged in the creation, teaching, or performance of the fine and applied arts and also allows the sale of fine and applied art products as an associated use. (6) Commercial uses; accommodation and food service uses. Bed and breakfast means a lodging establishment that rents rooms for short periods of time to the public, provides meals to renters, and is the operator's place of residence. Hotel or inn means a building containing rooming units providing temporary lodging accommodations to the general public, with rooms having access to the outside through an interior hallway connected to the main lobby of the building and which may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. A hotel shall not include any use which could be defined as a motel. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 20 of 30 Motel means a building containing rooming units designed primarily for providing sleeping accommodations for transient lodgers, with rooms having a separate entrance providing direct access to the outside and with automobile parking located adjacent to or near sleeping rooms. Restaurant means a commercial establishment open to the public where food and beverages are prepared, served, and consumed and where food sales constitute the majority of gross sales. A restaurant may include a drive-through lane for food pick-up by vehicle only where specified in a specific zoning district as "restaurant with drive-through." Tavern or bar means an establishment serving alcohol beverages primarily for consumption on the premises and where food or packaged alcohol beverages may be served or sold only as accessory to the primary use. (7) Service businesses. Personal service business means an establishment providing services which are of a recurring and personal nature to individuals that produce minimal off-site impacts. This term includes, but is not limited to, the following uses: a. Barbershops and beauty shops. b. Dry cleaning pick-up station. c. Interior decorating/upholstery. d. Locksmith. e. Shoe repair. f. Tanning salon. g. Tailor shop. h. Tattoo or body piercing establishment. i. Watch repair and other small goods repair. Business service means an establishment primarily providing services to businesses or individual businesspeople on a fee or contract basis, including, but not limited to: a. Business equipment and furniture sales or rental. b. Copy center, excluding offset printing and publishing. c. Commercial photography studio. d. Mailing and packaging service. Building maintenance or janitorial service means an establishment providing routine maintenance of buildings, including, but not limited to, window washing, building cleaning, pest extermination, or disinfecting service. Catering service means a business that prepares food and beverages to be delivered off-premises for consumption at a social, business, or civic function and may also provide service at the function. Commercial business with dog area means a commercial facility with an accessory use allowing an area for customers to bring their dog(s). Commercial dog day care means a commercial facility occupied by dogs for the purpose of exercise and socialization during daytime business hours. No animal will be kept overnight or on weekends. These facilities can include indoor and outdoor spaces. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 21 of 30 Day labor agency means an establishment engaged in the temporary employment of persons on a daily basis where persons wait on the premises for work assignments. Funeral home means a building used for funeral services, including display of the deceased at a wake for family and friends; embalming and other services in preparation for burial; cremation; storage and sale of caskets, urns, and other funeral supplies for burial or cremation. A funeral home may also include a funeral chapel. Furniture and appliance rental and leasing means an establishment that rents or leases furniture, electronics, small appliances, major appliances, or other household items, including incidental storage and maintenance of such items. Laundromat means a facility that provides washing and drying machines, usually coin-operated, to patrons for cleaning clothes and other fabrics. Material recovery facility (minor) means an establishment for the collection and processing (separation and/or recovery) of materials on-site from products that include, but are not limited to, electronics, computers, televisions, household appliances, monitors, printers, CD/DVD players to be distributed for future re-use. Printing and publishing establishment means an establishment providing custom reproduction of written or graphic materials for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint and facsimile sending and receiving, pre-press services and offset printing, binding, and packaging. Small appliance repair service means an establishment that repairs or services household goods, furniture, appliances, or lawn and garden equipment but not motor vehicles. Tool/equipment rental facility means an establishment that rents tools, lawn and garden equipment, party supplies, and similar goods and equipment, including incidental storage and maintenance of such items. Animal hospital or veterinary clinic means an establishment providing medical and surgical treatment of domestic animals, including grooming and boarding for not more than 30 days if incidental to the medical care. Animal grooming facility means an establishment where domestic animals are bathed, clipped, or combed, including boarding for not more than 48 hours incidental to the grooming services. Animal boarding facility, kennel, or animal shelter means an establishment in which more than two dogs or three cats or any combination thereof may be kept for boarding, breeding, safekeeping, convalescence, placement, sale, or humane disposal. (8) Retail sales. Auto title loan business means any person licensed pursuant to Wis. Stats. §§ 138.09 and 218.05, who makes a loan that is secured by an interest, other than a purchase money security interest, where the title of an automobile, motorcycle, any motor vehicle or titled vehicle is used as collateral. General retail means the retail sale of products, sometimes with provision of related services, to the general public that produce minimal off-site impacts. General retail sales include, but are not limited to, the following: a. Antiques and collectibles store. b. Art gallery. c. Bicycle sales and repair. d. Book store, music store. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 22 of 30 e. Clothing and accessories. f. Drugstore, pharmacy. g. Electronics and appliance sales and repair. h. Florists. i. Food store, including grocery, bakery, butcher shop, and delicatessen. j. Jewelry store. k. Hardware store. l. Liquor store. m. Newsstands, magazine sales. n. Photographic equipment and supplies. o. Picture framing. p. Sporting goods store. q. Stationery store. r. Tobacco store. s. Video rental or sales. Antiques and collectibles store means a retail establishment that displays and sells cultural or collectible objects, such as stamps, coins, sports memorabilia, and art works. Building material sales means an establishment that sells or rents building supplies, construction equipment, or home decorating fixtures and accessories. The term "building material sales" includes a lumberyard or home improvement center and may include outdoor storage or tool and equipment sales or rental. Contractor showroom or workshop means an office of a contractor, builder, painter, etc., that includes an enclosed showroom for display of samples, appliances, supplies, and other materials used in the business and/or an enclosed workshop for limited assembly or preparation of building materials. Currency exchange means an establishment, other than a bank, trust company, savings bank, savings and loan association, credit union, or other financial institution, that exchanges common currencies, sells money orders or cashier's checks, and cashes checks as its principal business activity. Firearms sales and service means any business that sells or services firearms and ammunition as its primary sale item. Garden supply store means an establishment for outdoor retail sale of plants, lawn furniture, playground equipment, and garden supplies. Garden supply store or greenhouse means a retail business whose principal activity is the selling of plants and garden supplies, which may have outside storage, growing, or display, and which may include sales of lawn furniture and playground equipment. Pawnshop means any business that loans or advances money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the depositor, while also selling such items to the public by acting as a consignment or secondhand store. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 23 of 30 Payday loan business means a payday loan business is any person licensed pursuant to Wis. Stats. § 218.05, or a person licensed pursuant to Wis. Stats. § 138.09, who accepts a check, holds the check for a period of time before negotiating or presenting the check for payment, and pays to the issuer an agreed-upon amount of cash or who refinances or consolidated such a transaction. Secondhand store or consignment store means a retail establishment that sells used merchandise, such as clothing, furniture, books, shoes, or household appliances, on consignment or a retail store that sells used merchandise donated to a charitable, tax exempt organization that also sorts, cleans, and marks goods for resale. (9) Commercial recreation and entertainment. Adult entertainment establishment means an establishment providing nude dancing or other live or recorded performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of specified anatomical areas. Adult entertainment establishments include, but are not limited to, the following uses: a. Adult bookstore. An establishment having as a substantial or significant portion of its stock and trade in books, magazines, other periodicals, videotapes, compact disks, and/or other electronic media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. b. Adult motion picture theater. An enclosed building or outdoor land area used for the viewing of films or videos at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein. c. Adult bath house. An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this chapter. d. Adult motel. A hotel, motel, or similar commercial establishment which: 1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or 2. Offers a sleeping room for rent for a period of time that is less than ten hours; or 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours. e. Adult modeling studio. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 24 of 30 f. Adult body painting studio. An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this chapter, the adult body painting studio shall not be deemed to include a tattoo parlor. g. Adult cabaret. An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers. h. Adult novelty shop. An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on or designed for specified sexual activities as defined herein or stimulating such activity. Boat landing means a facility providing space for the launching and landing of watercraft. Convention center means a commercial facility used for assemblies or meetings of the members or representatives of groups, including exhibition space and catering and food service facilities. Health club or fitness center means an establishment for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices and classrooms, and where use is offered on a membership basis. Indoor recreation facility means a facility for the indoor conduct, viewing, or participation in recreational activities. This term includes, but is not limited to, an indoor driving range, volleyball court, tennis court, bowling alley, ice or roller skating rink, swimming pool, billiard hall, or basketball court. Marina means a facility providing mooring of recreational boats, including piers, anchorage areas, launching facilities, boat storage areas, boat sales, service and rentals, and accessory facilities, such as sale of accessories, food, fuel, and fishing supplies for boating patrons. This term does not include a ship terminal used for freight. Nightclub means an establishment dispensing alcohol beverages for consumption on the premises and in which dancing and musical entertainment are permitted and may also include sales of food. This use does not include adult entertainment facilities. Outdoor commercial recreation facility means a facility for outdoor conduct, viewing, or participation in recreational activities, which may include one or more structures. This term includes, but is not limited to, a golf facility, tennis, basketball or volleyball court, soccer, baseball or football field, sporting club, amusement park, miniature golf course, or water park. Campground means an area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind. Theater or assembly hall means a facility for presenting motion pictures or live performances for patrons. This term includes an outdoor stage, band shell, or amphitheater but does not include an adult entertainment establishment. (10) Vehicle services. Automobile rental means an establishment where contracts are prepared or reservations accepted for the rental or leasing of automobiles and other motor vehicles, including incidental storage. Automobile sales means an establishment providing wholesale and retail sales or leasing of new or used automobiles, motorcycles, trucks, trailers, boats, or outdoor recreational vehicles, including outdoor sales area, incidental storage and maintenance and warranty repair work, or other repair service conducted as an accessory use. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 25 of 30 Carwash means an establishment where washing, drying, polishing, or vacuuming of an automobile is done by service personnel, the driver, or by automated machinery. Convenience store means an establishment where motor fuel products or other minor accessories are retailed directly to the public on the premises, in combination with sale of items typically found in a convenience market or supermarket. Drive-through facility means a facility consisting of a dedicated drive aisle that leads to and from a service area for the sale and dispensation of food, beverages, or other consumer items to patrons in motor vehicles. Such facilities may include but are not limited to restaurants, pharmacies, and financial institutions. Fueling/gas/service station means an establishment where the primary use is the sale of gasoline or any other motor fuel, motor oil, or other minor accessories directly to the public on the premises. Motor vehicle repair, major, means an establishment that performs major repairs to motor vehicles, engines, or trailers, including all services found in a minor repair establishment, as well as rebuilding or reconditioning of whole vehicles, body frame and fender straightening and painting, and rustproofing. Motor vehicle repair, minor, means an establishment that may or may not include fuel sales and convenience market, while also performing minor repairs to motor vehicles. Such minor repairs may include muffler replacement, oil changing, lubrication, tire repair and replacement, wheel alignment, brake repair, suspension repair, minor engine repair, transmission repair, radiator flushing and repair, and other activities except rebuilding or reconditioning of whole vehicles, body frame and fender straightening, or painting. Parking lot means an off-street open area used for parking of operable motor vehicles for limited periods of time. A parking lot can be the principal use of the lot or accessory to a commercial, office, residential, or other use. It may be available to the public or reserved for employees, residents, or visitors. Parking structure means a structure of one or more levels or floors used for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or partially or totally above grade. The structure can be the principal use of the lot or accessory to a commercial, office, multiple-family residential, or other use. (11) Production, processing, and storage uses. Agriculture means the use of land for the production of plants, animals, or horticultural products, including farming, dairying, pasturage agriculture, horticulture, floriculture, and animal and poultry husbandry, and the necessary accessory uses for storing the products. Agriculture shall not include animal feedlot operations. Limited production and processing means small-scale activities that are compatible with retail sales and services. These uses produce minimal off-site impacts due to their limited nature and scale. Limited production and processing includes, but is not limited to, the following uses: a. Apparel and other finished products made from fabrics. b. Boat building and repair. c. Computers and accessories, including circuit boards and software. d. Electronic components and accessories. e. Film, video, and audio production. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 26 of 30 f. Food and beverage products, not including live slaughter, grain milling, cereal, vegetable oil, or vinegar production. g. Precision medical and optical goods. h. Signs, including electric and neon signs. i. Watches and clocks. j. Wood crafting and carving. k. Wood furniture and upholstery. Light industrial uses means low impact uses which produce little or no noise, odor, vibration, glare, or other objectionable influences and which have little or no adverse effect on surrounding properties. Light industrial uses generally do not include processing of raw materials or production of primary materials. This term includes, but is not limited to, the production or processing of the following: a. Apparel and other finished products made from fabrics. b. Computers and accessories, including circuit boards and software. c. Electronic components and accessories. d. Food and beverage products, not including live slaughter, grain milling, cereal, vegetable oil, or vinegar production. e. Furniture and fixtures, not including metal working. f. Household appliances and components, not including metal working. g. Measuring, analyzing, and controlling instruments. h. Musical instruments. i. Office and commercial equipment. j. Pharmaceuticals, health and beauty products. k. Precision machined products, including jewelry. l. Printing and publishing, including distribution. m. Signs, including electric and neon signs. n. Sporting and athletic goods. o. Telecommunications products. General industrial uses means general industrial uses include metal working and other uses which have the potential to produce greater amounts of noise, odor, vibration, glare, or other objectionable influences than light industrial uses and which may have an adverse effect on surrounding properties. General industrial uses may include processing of raw materials or production of primary materials. This term includes, but is not limited to, the production or processing of the following: a. Electrical equipment, such as motors and generators, lighting, wiring and transmission, and distribution equipment. b. Fabricated metal products, such as cans and shipping containers, cutlery, hand tools, and general hardware. c. Fabricated plastic and rubber products, except tires and inner tubes. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 27 of 30 d. Glass and glass products, ceramics, china and earthenware, such as dishes and kitchenware. e. Gypsum, drywall, and plaster products. f. Latex paints. g. Lumber and wood products, including plywood. h. Machinery and equipment, such as engines and turbines, farm, lawn, and garden equipment, heating, cooling, and refrigeration equipment, and machine tools. i. Metal-working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing, cleaning, and heat treating. j. Textiles and fabrics. Heavy industrial uses include high impact and outdoor uses which are likely to have a substantial adverse effect on the environment or on surrounding properties and which require careful site selection to ensure compatibility with the surrounding area. These uses often include processing of extracted or raw materials and production of primary materials. The term "heavy industrial uses" includes, but is not limited to, the production or processing of the following: a. Animals or poultry (slaughter or processing). b. Asphalt, paving, and roofing materials. c. Battery manufacture and reprocessing. d. Chemicals and chemical products, including ammonia, chlorine, household cleaners, detergent, and fertilizer. e. Oil-based paints, varnishes, lacquers, and enamels. f. Petroleum and coal products, not including mining or extraction. g. Plastics and synthetic resins and fibers. h. Primary metals, including steelworks, rolling and finishing mills, foundries. i. Pulp or paper products. j. Sand and gravel, not including mining or extraction. k. Tanned hides and leather. l. Tires and inner tubes. Concrete, asphalt, and rock crushing facility means a use in which the principal activity is the processing, handling, sale and transport of concrete, asphalt, rock, brick, cement, or other similar paving or building materials. Contractor yard means an establishment providing general contracting or building construction services, including outdoor storage of machinery or equipment. Dry cleaning establishment or commercial laundry means an establishment that launders or dry cleans fabric, textiles, wearing apparel, or similar articles, including drop-off of articles by customers or cleaning of articles dropped off at other locations. Research and development facility means an establishment which conducts research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 28 of 30 Material recovery facility (major) means a facility for the deposit, sorting, or batching, but not processing, of post-consumer recyclable materials, including limited compacting or crushing of recyclable materials. Auto salvage yard or scrap yard means a facility where scrap or salvage materials, including used motor vehicles, are sorted, stored, dismantled, assembled, and distributed, including wholesale and retail sales of such materials. Scrap or salvage materials include, but are not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles, plastics, and aluminum cans. Self-service storage facility means a facility consisting of individual self-contained storage units or spaces leased to individuals, organizations, or businesses for storage of personal or business property. Wholesale and distribution facility means an establishment providing storage, movement, or sale of merchandise and bulk goods, including mail order and catalog sales, importing, wholesale or retail sales of goods received by the establishment but not sale of goods for individual consumption. (12) Transportation uses. Ground transportation service means an establishment that stores, maintains, or dispatches public transit vehicles, human service vehicles used for the transportation of elderly or handicapped persons, school buses, taxis, or tow trucks. Motor freight terminal means a facility for truck-based freight service and operations, including, but not limited to, local pick-up, local sorting and terminal operations, line-haul loading and unloading, destination sorting, terminal operations, and local delivery. Package delivery service means a facility which transports individual packages for expedited delivery in single rear axle straight trucks or smaller vehicles where no single item weighs over 150 pounds. Railroad switching yard and freight terminal means a facility for the operation of a line-haul or short-line freight railroad. Ship terminal or docking facility means a facility for the docking, loading, or unloading of ships, barges, or boats that primarily transport freight. (13) Public service and utility uses. Public safety/service facility means a government facility for public safety, service, and emergency services, including a facility that provides police or fire protection and public-related services. Sewage treatment plant means a facility which collects, treats, and disposes of water-borne sewage generated within a given service area. Wireless communications facilities means any system of antennas, wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electronic waves external to or attached to the exterior of any structure. This definition also includes all accessory equipment and/or structures which contribute to and are subordinate and secondary to the transmission or reception of electronic waves. a. Wireless communications facilities, attached. Wireless communication facilities that are affixed to existing support structures, such as existing buildings, towers, water tanks, utility poles, and the like. A wireless communication support structure proposed to be newly established shall not be included within this definition. See also "Wireless communication support structures." Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 29 of 30 b. Wireless communications facilities, freestanding. Wireless communication facilities that are not affixed to existing support structures but are mounted on the ground and not supported in any way by a structure. Wireless communication support structure means any exterior structure whether freestanding or mounted on a building or structure that facilitates the broadcast transmission of commercial radio, telephone, or television communication signals. Support structures within this definition include, but are not limited to, monopole towers, lattice towers, light poles, wood poles, guyed towers, or other structures whether or not they appear to be something other than a support structure. Solid waste disposal facility means a facility for the disposal or storage of solid waste material, including garbage, trash, construction debris, and other kinds of organic or inorganic refuse by dumping, burial, incineration, or any other similar means. Substation/distribution equipment means a facility other than a transmission tower enclosed or outdoor that aids in the distribution of a utility, including, but not limited to, electric power or telephone service or in the transmission of voice, data, text, internet, sound, or video between network termination points. Yard waste site, municipal, means a facility for collection, storage, and composting of vegetative matter resulting from landscape maintenance. (14) Accessory and temporary uses. Home-based occupation means an occupation that is conducted by a person on the same lot (in a residential district) where such person resides and is limited in extent, secondary, and incidental to the residential use of the lot. Garage, private, means a detached accessory building or portion of a main building housing not more than four motor vehicles of the occupants of the premises, including no more than one commercial vehicle with a capacity of no more than two tons. Garage means a building or portion of a main building designed or used for parking, storage, service, repair, or sale of motor vehicles. See also Parking structure under subsection (10) of this section, "Vehicle Services." Outdoor display means the display of goods for sale or rental outside of an enclosed building. Seasonal market means a temporary facility used to conduct retail trade for a period not exceeding 90 days in a calendar year. Concrete/batch plant, temporary, means a facility that produces or processes concrete or asphalt only for use in a particular construction project and only for the duration of that project. (Code 1984, § 13.303; Ord. No. 11-06; Ord. No. 8-09; Ord. No. 20-09; Ord. No. 36-09; Ord. No. 1-10; Ord. No. 05- 21, § 1, 4-20-2021; Ord. No. 09-23, § 1, 5-16-2023) Secs. 44-251—44-278. Reserved. Created: 2024-07-11 11:24:06 [EST] (Supp. No. 6, Update 2) Page 30 of 30 Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Rebecca Finco, Staff AGENDA ITEM # E.3 Consideration with possible action on the request by Downtown Green Bay, Inc. (DGBI) Business Improvement District (BID) to approve their 2026 Operating Plan. BACKGROUND Each year, the City of Green Bay's Business Improvement Districts are required to submit their annual operating plans to the Green Bay Plan Commission for review and approval. The attached Downtown Green Bay Business Improvement District 2026 Operating Plan has been approved by the DGBI BID Board of Directors and has been reviewed by the City Attorney. RECOMMENDATION Approve the Downtown Green Bay Business Improvement District 2026 Operating Plan as submitted. FISCAL IMPACT ATTACHMENTS 1. DGBI BID 2026 Operating Plan 9.24.25 2. 2026 DGBI BID Attorney Opinion Letter 10.6.25 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov 2026 Downtown Green Bay, Inc. BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN Downtown Green Bay, Inc. 130 E. Walnut St. Suite 501 Green Bay, WI 54301 Phone: (920) 437-5972 downtowngreenbay.com 1 TABLE OF CONTENTS Item Page Introduction 3 District Boundaries 3 Proposed Operating Plan 3 Method of Assessment 7 Relationship to Comprehensive Plan 8 Plan Approval Process 8 Future Year Operating Plans 9 Appendices 9 2 I. INTRODUCTION A. Background In 1984, the Wisconsin legislature created 66.1109 (formerly S. 66.608) of the Statutes (see Appendix A) enabling cities to establish Business Improvement Districts (BIDs). The purpose of the law is “to allow businesses within those districts to develop, to manage and promote the districts and to establish an assessment method to fund these activities.” (1983 Wisconsin Act 184, Section 1, legislative declaration.) The City of Green Bay received a petition from property owners that requested creation of a Business Improvement District for the purpose of revitalizing and improving the Downtown District business area on Green Bay’s east side. (see Appendix B). The BID law requires that every district have an annual Operating Plan. This document is the 2026 Operating Plan for the Downtown District. B. Physical Setting The physical boundaries of the district include Mason Street to the south, Monroe to the east and the Fox and East Rivers bounding the west and north respectively. II. DISTRICT BOUNDARIES Please see the map of the district in Appendix C of this plan. A listing of the properties included in the district is provided in Appendix C. III. PROPOSED OPERATING PLAN A. Plan Objectives The objective of the BID is to provide leadership and management for revitalizing the Downtown District. By emphasizing community-based planning, planning that appreciates the advantages of low-cost, modest initiatives over the blockbuster resuscitation efforts of large-scale stand-alone projects the District performs the classic function of the urban neighborhood. Such districts give growth to new businesses, add substance to the local economy and export their innovations to the rest of the City. B. Proposed Activities - Principal activities to be engaged in by the district during 2026 include: BUSINESS DEVELOPMENT - DGBI will implement strategies to drive corporate, residential, and retail growth through business recruitment and retention efforts in partnership with regional and local organizations, such as the Chamber of Commerce, City of Green Bay, and Discover Green Bay. Efforts will include promoting available properties and fostering real estate connections. Downtown Green Bay will also host networking events, presentations and business tours, and actively engage district property and business owners through email, social media and in-person conversations. 2026 Initiatives: • Host “Network with Your Neighborhood” an event designed to inform and connect with district businesses. • Begin using BOOMS Tracker, a tool for gathering, storing, and showcasing information about buildings and lots in the district. 3 WELCOMING ENVIRONMENT- DGBI will create an inviting and distinctive environment for residents and visitors by providing amenities such as summer and winter planters, banners, public art, lighting and holiday décor. Cleanliness efforts will be supported by the Clean Team (paid staff) and the Adopt-A-Block program (volunteers), alongside district- wide clean-up events. DGBI will also foster relationships with the Green Bay Police and business partners to address vandalism and enhance public safety in the district. 2026 Initiatives: • Organize placemaking initiatives such as lighting and public art in the Washington Street Alley and Doty Street Farmers Market seating. • Continue to work with the local Urban Design Firm, ISG and the City of Green Bay on streetscape plans and improvements for the district. MARKETING AND PROMOTION OF DOWNTOWN - DGBI will promote the BID as a valuable community asset and a unique destination for events, shopping, dining, and business through a mix of digital and traditional marketing channels, including the website, newsletter, social media, print, broadcast, and billboard advertising, to strengthen the Downtown District’s brand. Collaborating with the DGBI Events team, specific marketing plans will be developed to attract visitors and boost foot traffic. Additionally, DGBI will partner with the City’s Economic Development team to create innovative marketing strategies aimed at recruiting new businesses, supporting existing ones, and attracting residents to the district. 2026 Initiatives: • Redesign and re-evaluate the website and yearly Visitor Guide. • Develop district-specific marketing strategies to highlight Downtown businesses. EVENTS – Although BID funding is not used for event expenses, DGBI will continue to activate the downtown district through a year-round calendar of engaging events and activities designed to support downtown businesses and attract both residents and visitors. These events will serve as a platform to showcase the unique offerings of the district, driving foot traffic and creating vibrant experiences that benefit the local economy and strengthen community connections. 2026 Initiatives: • Continue to host proven, successful events, while introducing several new events. • Partner with local organizations to support additional Downtown events. COMMUNITY OUTREACH AND ENGAGEMENT- DGBI will work with community partners to better understand and respond to social issues and their impact on district businesses. We will celebrate diversity, equity, and inclusion through events and initiatives aimed at fostering a more inclusive environment. Additionally, DGBI will explore the development of an ambassador program in collaboration with city and community partners to ensure a safe and welcoming downtown experience for all. 2026 Initiatives: • Host an annual Safety Summit in collaboration with Public Safety and local community leaders. • Actively work with City Departments, City Government, Public Safety, Community Agencies, Neighborhood Associations, etc. on issues related to safety. C. Proposed Expenditures – 2026 4 Proposed 2026 DGBI Business Improvement District Operating Plan Budget Proposed Approved REVENUE 2026 Budget 2025 Budget BID Assessment - DGBI $260,124.00 $266,308.00 Total Revenue $260,124.00 $266,308.00 EXPENSES Administrative Allocation toward DGBI Staffing $136,679.00 $156,908.00 Operating Expenses Office Supplies & Equipment $2,000.00 $2,000.00 Phone/Internet $2,000.00 $2,550.00 Dues, Fees and Subscriptions $3,350.00 $3,350.00 Conferences/Professional Devel. $3,000.00 $4,000.00 Insurance $11,000.00 $11,000.00 Lease/Rental Fees $29,600.00 $25,000.00 Total Operating Expenses $ 50,950.00 $ 47,900.00 Audit/Accounting Services Annual Audit $14,750.00 $14,000.00 Marketing/Printing Includes graphic design software, printed and digital promotional materials, website, social media, and promotional giveaways Total Marketing allocations $15,000.00 $15,000.00 Economic Development Business recruitment and retention, networking $7,000.00 $7,000.00 Physical Improvements Holiday Wreath Lighting & Décor $2,000.00 $10,000.00 Cleanliness - Litter, Weeds *Note Labor is in staffing for '26 $3,200.00 $9,000.00 Banner and Bracket Replacements $1,000.00 $3,500.00 Public Art $3,000.00 $3,000.00 Planters $14,200.00 Washington & Adams St. Tree Lights-Grow and Glow through June '25 $12,345.00 Total Physical Improvements $35,745.00 $25,500.00 Total Expenses $ 260,124.00 $ 266,308.00 5 D. Financing Method The proposed expenditures contained in Section C, above, will be financed through the BID assessment. It is estimated that approximately $260,124 will be raised through assessments. This amount is a portion of the overall organizational budget of Downtown Green Bay, Inc. Sponsorships and event revenues are anticipated to cover the additional staffing, operating, and event costs. The BID Board shall have the authority and responsibility to prioritize expenditures and to revise the budget as necessary to match the funds available. E. Organization of BID Board Upon creation of the BID, the Mayor will appoint members to the district board ("board"). The board's primary responsibility is the implementation of this Operating Plan. This will require the board to negotiate with providers of services and materials to carry out the Plan; to enter various contracts; to monitor development activity; to periodically revise the Operating Plan; to ensure district compliance with the provisions of applicable statutes and regulations; and to make reimbursements for any overpayments of BID assessments. State law requires that the board be composed of at least five members and that a majority of the board members be owners or occupants of property within the district. It is recommended that the BID board be structured and operate as follows: 1. Board Size – at least Five 2. Composition - At least three fifths members shall be owners or occupants of property within the district. Any non-owner or non-occupant appointed to the board shall be a resident of the City of Green Bay. The board shall elect its Chairperson from among its members. 3. Term - Appointments to the board shall be for a period of three years except that initially two members shall be appointed for a period of three years, two members shall be appointed for a period of two years, and one member shall be appointed for a period of one year. 4. Compensation – None 5. Meetings - All meetings of the board shall be governed by the Wisconsin Open Meetings Law. 6. Record Keeping - Files and records of the board's affairs shall be kept pursuant to public record requirements. 7. Staffing - The board may employ staff and/or contract for staffing services pursuant to this Plan and subsequent modifications thereof. 8. Meetings - The board shall meet regularly, at least twice each year. The board shall adopt rules of order (“by laws”) to govern the conduct of its meetings. F. Relationship to Downtown Green Bay, Inc. The BID shall be a separate entity from Downtown Green Bay, Inc., notwithstanding the fact that members, officers and directors of each may be shared. Downtown Green Bay, Inc. shall remain a private non-profit organization, not subject to the open meeting law, and not subject to the public record law except for its records generated in connection with the BID board. The BID shall contract with Downtown Green Bay, Inc. to provide services, in accordance with this Plan. The Downtown Green Bay, Inc. 501C3 Organization will also manage the Olde Main Street BID. The accounting of the BID 6 assessment funds will be tracked in our accounting software. Each BID’s income and expenses will be separated by Class and can be reported to the BID Boards at any time. IV. METHOD OF ASSESMENT A. Assessment Rate and Method Parcels Assessed All tax parcels within the District are required to pay real estate taxes, including those taxed by the State as manufacturing, and all parcels used exclusively for manufacturing, will be assessed. Real property used exclusively for residential purposes may not be assessed, as required by the BID law. Residential property will be defined as 100% residential property or owner-occupied properties. Property exempt from paying real estate taxes will not be assessed. Property owned by government agencies will not be assessed. Levy of Assessment Special assessments under this 2026 Operating Plan are hereby levied against each tax parcel of property within the District which has a separate tax key number, in the amount shown on the assessment schedule which is attached hereto as Appendix D. The assessment was based on the assessed value of that parcel (land and improvements) as shown in the records of the City Assessor’s office in September 2024 except as otherwise identified below. The principle behind the assessment methodology is that each non-exempt parcel’s owners should pay for District development in proportion to the benefits derived. Obviously, not every parcel within the District will benefit equally, thus it has been assumed that hospitality and entertainment uses will derive the most benefit and therefore will contribute to the BID at a higher assessment rate and warehouse uses will benefit the least and therefore contribute at a lower rate. The 2024 assessment shown on Appendix D was calculated as $2.28 for each $1,000 of assessed value for properties whose use is identified as retail, hospitality or entertainment-related and $.76 for each $1,000 of assessed value for properties whose use is identified as office/commercial. Appendix C, attached hereto, contains a list of SIC codes identifying these properties. For properties whose use comprises mixed SIC codes, the property has been identified by the ground level use(s) of any buildings constructed on the property. The ground level use is presumed to be the dominant use of the property. If a ground level has more than two uses, then the property has been identified by the use that makes up more than one half of the ground level square footage. The burden is on the owner to change a property classification from that designated in Appendix D. It must be proven annually by the owner of the property in question to the BID board. B. Excluded and Exempt Property The BID law requires explicit consideration of certain classes of property. In compliance with the law the following statements are provided. 1. State Statute 66.1109(1)(f)lm: The district will contain property used exclusively for manufacturing purposes, as well as properties used in part for manufacturing. These properties will be assessed according to the method set forth in this plan because it is assumed that they will benefit from development in the district. 2. State Statute 66.1109(5)(a): Property known to be used exclusively for residential purposes will not be assessed; such properties will be identified as BID Exempt Properties in Appendix D, as revised each year. 7 3. In accordance with the interpretation of the City Attorney regarding State Statute 66.1109(1)(b), property exempt from general real estate taxes has been excluded from the district. Privately owned tax-exempt property adjoining the district and which is expected to benefit from district activities may be asked to make a financial contribution to the district on a voluntary basis. V. RELATIONSHIP TO GREEN BAY COMPREHENSIVE PLAN AND ORDERLY DEVELOPMENT OF THE CITY A. City Plans Creation of a business improvement district to facilitate District redevelopment is consistent with the City of Green Bay’s Comprehensive Plan, Downtown Design Plan and Waterfront Plan and would promote the orderly development of the City in general. B. City Role in District Operation The City of Green Bay has committed to helping private property owners in the district promote its development. To this end, the City is expected to play a significant role in the creation of the Business Improvement District and in the implementation of the Operating Plan. In particular, the City will: 1. Provide technical assistance to the proponents of the district through adoption of the Plan and provide assistance as appropriate thereafter. 2. Monitor and, when appropriate, apply for outside funds that could be used in support of the district. 3. Collect assessments, maintain in a segregated account, and disburse the monies of the district. 4. Receive annual audits as required per sec. 66.1109 (3) (c) of the BID law. 5. Provide the board, through the Tax Commissioner's Office on or before June 30th of each Plan year, with the official City records and the assessed value of each tax key number with the district, as of January 1st of each Plan year, for purposes of calculating the BID assessments. 6. Encourage the State of Wisconsin, Brown County and other units of government to support the activities of the district. VI. PLAN APPROVAL PROCESS A. Public Review Process The Wisconsin Business Improvement district law establishes a specific process for reviewing and approving proposed districts. Pursuant to the statutory requirements, the following process will be followed: 1. The City of Green Bay Plan Commission will review the BID audits and approve the proposed Operating Plan. They will provide a recommendation to Council. 2. Common Council will act on the proposed Operating plans. 3. The Common Council will act on the proposed BID Plan. 8 VII. FUTURE YEAR OPERATING PLANS A. Phased Development It is anticipated that the BID will continue to revise and develop the Operating Plan annually, in response to changing development needs and opportunities in the district, in accordance with the purposes and objectives defined in this Operating Plan. Section 66.1109 (3) (a) of the BID law requires the board and the City to annually review and make changes as appropriate in the Operating Plan. Therefore, while this document outlines in general terms the complete development program, it focuses upon 2026 activities, and information on specific assessed values, budget amounts and assessment amounts are based on 2025 conditions. Greater details about subsequent year's activities will be provided in the required annual Plan updates, and approval by the Common Council of such Plan updates shall be conclusive evidence of compliance with this Plan and the BID law. In later years, the BID Operating Plan will continue to apply the assessment formula, as adjusted, to raise funds to meet the next annual budget. However, the method of assessing shall not be materially altered, except with the consent of the City of Green Bay. B. Amendment, Severability and Expansion This BID has been created under authority of Section 66.1109 of the Statutes of the State of Wisconsin. Should any court find any portion of this Statute invalid or unconstitutional its decision will not invalidate or terminate the BID and this BID Plan shall be amended to conform to the law without need of reestablishment. Should the legislature amend the Statute to narrow or broaden the process of a BID so as to exclude or include as assessable properties a certain class or classes of properties, then this BID Plan may be amended by the Common Council of the City of Green Bay as and when it conducts its annual Operating Plan approval and without necessity to undertake any other act. This is specifically authorized under Section 66.1109 (3)(b). APPENDICES A. STATUTE B. PETITION C. PROPOSED DISTRICT BOUNDARIES D. 2026 PROJECTED ASSESSMENTS E. CITY ATTORNEY’S OPINION APPENDIX A & B: Wisconsin State Statute “BID Law” 66.1109 Business improvement districts. (1) In this section: (a) "Board" means a business improvement district board appointed under sub. (3) (a). (b) "Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (c) "Chief executive officer" means a mayor, city manager, village president or town chairperson. (d) "Local legislative body" means a common council, village board of trustees or town board of supervisors. (e) "Municipality" means a city, village or town. 9 (f) "Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its relationship to any municipal master plan. 5. A legal opinion that subds. 1. to 4. have been complied with. (g) "Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed initial operating plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement district shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special assessment. (4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business improvement district. 10 (b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business improvement district is not terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indicate that copies of the operating plan are available from the planning commission on request. (d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement district at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85. 11 APPENDIX C - PROPOSED DISTRICT BOUNDARIES 12 APPENDIX D- 2025 PROJECTED ASSESSMENTS Assessment options are based on the type of business occupying the majority of a parcel. Properties that are assessed are coded as follows: Assessment Rate .00228 Retail, Hospitality or Entertainment (BID 3) .00076 All other commercial properties being assessed (BID 4) Parcel Property Address Owner Name Total Value Assessment District 12-366 301 N Washington St Unit 2 FE Watermark, LLC 410500 $ 936.00 BID 3 12-365 301 N Washington St Unit 1 FE Watermark, LLC 334200 $ 762.00 BID 3 12-367 301 N Washington St Unit 3 325 North Washington, LLC 1646900 $ 3,755.00 BID 3 11-203 119 N Monroe Ave Cowles Limited Partnership Etal 788400 $ 1,798.00 BID 3 11-241 103 S Monroe Ave Tkd Petroleum, LLC 491500 $ 1,121.00 BID 3 11-92 416 N Monroe Ave Green Bay City of 0 $ - BID 3 Vice Enterprises, LLC, A 12-115 119 N Adams St 535500 BID 3 Wisconsin Limited Liability Co $ 1,221.00 12-116 117 N Adams St RBN Properties,, LLC 222300 $ 507.00 BID 3 12-13 227 N Washington St Widmer Properties, LLC 850400 $ 1,939.00 BID 3 12-138 312 Cherry St Frankenthal Building, LLC 125800 $ 287.00 BID 3 12-164 201 Main St Phvif Green Bay, LLC 8262800 $ 18,839.00 BID 3 12-165 501 N Adams St Green Bay Redevelopm Authority 0 $ - BID 3 12-18 217 N Washington St Heights Land Group, LLC 385400 $ 879.00 BID 3 12-191 129 S Washington St Karman Development, LLP 469400 $ 1,070.00 BID 3 12-196 301 N Adams St Unit 120 The Gateway Collective, Inc 934500 $ 2,131.00 BID 3 12-23 201 N Washington St Goelz Jeffrey J Living Trust 331100 $ 755.00 BID 3 12-354 102 N Washington St Unit 4 J Lorraine, LLC 881800 $ 2,011.00 BID 3 12-356 Cherry St Nicolet National Bank 5100 $ 12.00 BID 3 12-38-1 130 E Walnut St Bellin Building, LLC 555200 $ 1,266.00 BID 3 12-38-2 130 E Walnut St Unit B Bellin Building, LLC 638900 $ 1,457.00 BID 3 12-47 119 S Washington St Secora Family Trust 247500 $ 564.00 BID 3 13-10 348 S Washington St Freimann Hotel Building, LLC 499600 $ 1,139.00 BID 3 13-2 234 S Washington St Harp & Eagle Ltd 2203500 $ 5,024.00 BID 3 13-75 345 S Adams St Mcvey Properties, LLC 374100 $ 853.00 BID 3 529 N Monroe Ave Building LLC 11-105 529 N Monroe Ave 1431500 BID 3 Etal $ 3,264.00 11-115 333 Main St 333 Main, LLC 12115200 $ 27,623.00 BID 3 11-116 335 Main St 333 Main, LLC 522500 $ 1,191.00 BID 3 11-149 310 N Monroe Ave Main Oriental Market, LLC 286700 $ 654.00 BID 3 Edward M & Renee J Wineck 11-45 314 N Monroe Ave 205600 BID 3 Revocable Trust $ 469.00 Wagner Robert E & Melida 11-46 610 Bodart St 373800 BID 3 Revocable Living Trust $ 852.00 12-117 115 N Adams St Green Genes Real Estate, LLC 356100 $ 812.00 BID 3 12-120 225 E Walnut St Liza Rae, LLC 232100 $ 529.00 BID 3 12-121 217 E Walnut St Vic Theatre Green Bay, LLC 346100 $ 789.00 BID 3 13 12-145 218 N Adams St Vice Enterprises, LLC 1130000 $ 2,576.00 BID 3 12-147 306 Pine St A & E Investment Corp 828200 $ 1,888.00 BID 3 12-148 304 N Adams St 304 North Adams Green Bay, LLC 10352700 $ 23,604.00 BID 3 12-17 219 N Washington St Ronald L. Smits 584800 $ 1,333.00 BID 3 12-190- 131 S Washington St 131 South Washington, LLC 128300 BID 3 A $ 293.00 12-20 213 N Washington St Cowles Limited Partnership 250000 $ 570.00 BID 3 12-21 209 N Washington St Aj Todey, LLC 519700 $ 1,185.00 BID 3 12-22 207 N Washington St Donna K. Muenster 265300 $ 605.00 BID 3 12-353 211 E Walnut St A&M Futures, LLC 430700 $ 982.00 BID 3 12-355 126 N Washington St Nicolet National Bank 155500 $ 355.00 BID 3 12-44 123 S Washington St Amh, LLC 430300 $ 981.00 BID 3 121 South Washington 12-46 121 S Washington St 184400 BID 3 Investments, LLC $ 420.00 13-39 321 S Washington St Sainaam, LLC 3870000 $ 8,824.00 BID 3 Rummele S Jewelers Inc of Green 13-49 234 S Adams St 636000 BID 3 Bay $ 1,450.00 13-76 339 S Adams St William M. Atkinson 134400 $ 306.00 BID 3 BEHLS REAL ESTATE HOLDING, 15-122 510 S Monroe Ave 629500 BID 3 INC, A Wisconsin Corporatio $ 1,435.00 12-364 115 E Walnut St GB Metreau, LLC 12681400 $ 9,638.00 BID 4 12-368 301 N Washington St Unit 4 FE Watermark, LLC 1778000 $ 1,351.00 BID 4 12-370 301 N Washington St Unit 6 FE Watermark, LLC 23200 $ 18.00 BID 4 12-371 301 N Washington St Unit 7 FE Watermark, LLC 2832400 $ 2,153.00 BID 4 12-372 301 N Washington St Unit 8 FE Watermark, LLC 313100 $ 238.00 BID 4 12-373 115 Pine St Unit 300 FE Watermark, LLC 1082500 $ 823.00 BID 4 301 N Washington St Unit 12-374 FE Watermark, LLC 464400 BID 4 10 $ 353.00 301 N Washington St Unit 12-375 FE Watermark, LLC 474800 BID 4 11 $ 361.00 12-363 E Walnut St Nicolet Joint Ventures, LLC 503000 $ 382.00 BID 4 12-369 301 N Washington St Unit 5 FE Watermark, LLC 802900 $ 610.00 BID 4 11-1 430 Main St Manos Holdings Green Bay, LLC 2713000 $ 2,062.00 BID 4 11-102 500 N Monroe Ave Green Bay Radiator, LLC 298900 $ 227.00 BID 4 11-109 514 N Madison St Fae Holdings 453826r, LLC 66500 $ 51.00 BID 4 11-125 510 Elm St Fae Holdings 453826r, LLC 98800 $ 75.00 BID 4 11-124 516 N Madison St Fae Holdings 453826r, LLC 49200 $ 37.00 BID 4 11-13 201 N Jefferson St Associated Kellogg Bank 298800 $ 227.00 BID 4 11-138- 417 Pine St Pine Street Cat Company, LLC 718100 BID 4 A $ 546.00 11-139 425 Pine St Living Downtown, LLC 2861500 $ 2,175.00 BID 4 11-160 616 Pine St City of Green Bay 0 $ - BID 4 11-174 225 N Madison St Associated Kellogg Bank 728500 $ 554.00 BID 4 11-2 330 N Adams St 304 North Adams Green Bay, LLC 297300 $ 226.00 BID 4 11-202 118 N Monroe Ave Starblazer One4 Investment Trust 291300 $ 221.00 BID 4 11-222 503 E Walnut St The City of Green Bay 0 $ - BID 4 11-243 113 S Monroe Ave Ruesch Properties, LLC 273400 $ 208.00 BID 4 11-264-1 130 S Madison St Gray Television Group, Inc 272800 $ 207.00 BID 4 14 11-269 125 S Jefferson St Uirc-Gsa Green Bay WI, LLC 2640600 $ 2,007.00 BID 4 11-55 406 N Monroe Ave Rico S Parking Lot, LLC 263800 $ 200.00 BID 4 Green Bay Redevelopment 11-95-A Main St 0 BID 4 Authority $ - 12-1-2 335 N Washington St WHPC-Flats on Fox, LLC 0 $ - BID 4 12-114 216 Cherry St 222 Cherry Street, LLC 719500 $ 547.00 BID 4 Green Bay Redevelopment 12-119 227 E Walnut St 0 BID 4 Authority $ - Green Bay Redevelopment 12-122 101 N Adams St 0 BID 4 Authority $ - 12-130 118 S Adams St L & T Investments, LLC 1436300 $ 1,092.00 BID 4 12-137 130 N Adams St Frankenthal Building, LLC 1265200 $ 962.00 BID 4 12-139 314 Cherry St Frankenthal Building, LLC 30900 $ 23.00 BID 4 12-140 202 N Adams St Associated Kellogg Bank 4051100 $ 3,079.00 BID 4 12-185 Washington St 205 Doty, LLC 550100 $ 418.00 BID 4 12-19 215 N Washington St Timothy J. Jelinski 142100 $ 108.00 BID 4 12-190 201 Doty St 205 Doty, LLC 1714800 $ 1,303.00 BID 4 12-197 301 N Adams St Unit 130 301 N Adams Street, LLC 936800 $ 712.00 BID 4 12-198 301 N Adams St Unit 140 301 N Adams Street, LLC 321100 $ 244.00 BID 4 12-202 216 Northland Ave Unit 220 Hcw, LLC 0 $ - BID 4 12-203 216 Northland Ave Unit 230 Hcw, LLC 0 $ - BID 4 12-204 216 Northland Ave Unit 240 Hcw, LLC 0 $ - BID 4 12-205 216 Northland Ave Unit 250 Hcw, LLC 0 $ - BID 4 12-38-10 130 E Walnut St Unit 405 Bellin Building Assoc 364300 $ 277.00 BID 4 12-38-7 130 E Walnut St Unit G-2 Bellin Building, LLC 294300 $ 224.00 BID 4 12-38-7- 130 E Walnut St Unit G-1 Bellin Building, LLC 289700 BID 4 1 $ 220.00 12-38-8 130 E Walnut St Unit H Bellin Building, LLC 60600 $ 46.00 BID 4 12-86 330 N Washington St Schreiber Foods, Inc 557700 $ 424.00 BID 4 Nicolet Real Estate and 13-1 200 S Washington St 3571700 BID 4 Investments Corp $ 2,714.00 13-101 417 S Adams St Sw Leasing, LLP 301200 $ 229.00 BID 4 13-107- 403 S Jefferson St U Save America, LLC 355800 BID 4 A $ 270.00 13-11 400 S Adams St Second Wind Auto Gallery, LLC 1405300 $ 1,068.00 BID 4 13-117 421 Crooks St Jefferson Street Partnership, LLP 117100 $ 89.00 BID 4 13-118 345 S Jefferson St Jefferson Street Partnership, LLP 518500 $ 394.00 BID 4 13-119 333 S Jefferson St Kathleen A. Kitslaar 90400 $ 69.00 BID 4 13-120 325 S Jefferson St Alex Blaney 230700 $ 175.00 BID 4 13-122 315 S Jefferson St Newcap, Inc 0 $ - BID 4 13-123 311 S Jefferson St Eric R. Wimberger 134500 $ 102.00 BID 4 13-125 303 S Jefferson St Vande Castle Properties, LLP 112400 $ 85.00 BID 4 13-132 225 S Jefferson St Brown County 0 $ - BID 4 13-133 221 S Jefferson St Brown County 0 $ - BID 4 13-164 416 S Monroe Ave Lawrence G. Vesely 260200 $ 198.00 BID 4 Washington Street River 13-183 420 S Washington St 3890400 BID 4 Properties, LLC $ 2,957.00 15 Greater Green Bay Community 13-185 400 S Washington St 0 BID 4 Foundation, Inc $ - 13-43 200 S Adams St Peoples Marine Bank 2131400 $ 1,620.00 BID 4 13-50 201 Stuart St Peoples Marine Bank 153300 $ 117.00 BID 4 13-53 211 S Washington St Peoples Marine Bank 46000 $ 35.00 BID 4 13-54 205 S Washington St Peoples Marine Bank 90800 $ 69.00 BID 4 13-55 201 S Washington St Peoples Marine Bank 96800 $ 74.00 BID 4 13-56 201 S Adams St Premonstratensian Fathers the 213400 $ 162.00 BID 4 13-57 219 S Adams St Premonstratensian Fathers 1037500 $ 789.00 BID 4 13-71 336 S Jefferson St Duke Otis, LLC 257500 $ 196.00 BID 4 13-74 315 Crooks St William M. Atkinson 57600 $ 44.00 BID 4 13-8 318 S Washington St River East 318, LLC 5185700 $ 3,941.00 BID 4 13-97-A 445 S Adams St 301 N Broadway, LLC 428900 $ 326.00 BID 4 Van Ess Family Limited 13-99 425 S Adams St 571400 BID 4 Partnership $ 434.00 Family Services of Northeast 14-387 503 S Monroe Ave 0 BID 4 Wisconsin, Inc $ - 14-419 331 S Monroe Ave Bta Gb, LLC 1031900 $ 784.00 BID 4 14-422 327 S Monroe Ave Journey to Adult Success, Inc 0 $ - BID 4 14-439 225 S Monroe Ave Monroe Central, LLC 623900 $ 474.00 BID 4 14-444 203 S Monroe Ave Skinny Buddha Tattoo, LLC 163900 $ 125.00 BID 4 15-105 426 Martin St Marilyn R. Gardner 59000 $ 45.00 BID 4 15-107 526 S Madison St Marilyn R. Gardner 75600 $ 57.00 BID 4 15-117 533 S Jefferson St Marilyn R. Gardner 84400 $ 64.00 BID 4 15-108 530 S Madison St Marilyn R. Gardner 119700 $ 91.00 BID 4 15-118 529 S Jefferson St Jadeite, Inc 779100 $ 592.00 BID 4 11-103- 600 N Monroe Ave Rico S Parking Lot, LLC 73800 BID 4 A $ 56.00 11-107 503 Main St Gb Future 503, LLC 921400 $ 700.00 BID 4 11-117 433 Main St Associated Bank, Inc 12152000 $ 9,236.00 BID 4 11-123 528 N Madison St Fae Holdings 453826r, LLC 48800 $ 37.00 BID 4 11-185 501 Cherry St Brown County 347000 $ 264.00 BID 4 11-188 201 N Monroe Ave Brown County 0 $ - BID 4 11-191 605 Cherry St City of Green Bay 0 $ - BID 4 11-206 512 Cherry St The City of Green Bay 0 $ - BID 4 11-209 126 N Madison St Brian F. Michaud 421500 $ 320.00 BID 4 11-210 435 E Walnut St The City of Green Bay 0 $ - BID 4 11-224 521 E Walnut St New Investing, LLC 73800 $ 56.00 BID 4 11-224- 519 E Walnut St New Investing, LLC 100900 BID 4 A $ 77.00 11-225 533 E Walnut St George M. Lepak 855300 $ 650.00 BID 4 11-228 102 N Monroe Ave Starblazer One4 Investment Trust 94800 $ 72.00 BID 4 11-230 619 E Walnut St Marmes Insurance Agency, LLC 175100 $ 133.00 BID 4 11-253 500 E Walnut St Walnut and Madison, LLC 625500 $ 475.00 BID 4 11-254 117 S Madison St Sas Real Estate, LLC 150300 $ 114.00 BID 4 11-257 414 E Walnut St Columbus Office Building, LLC 1245500 $ 947.00 BID 4 11-258 115 S Jefferson St Gray Television Group, Inc 1959300 $ 1,489.00 BID 4 11-259 434 E Walnut St Sas Real Estate, LLC 182200 $ 138.00 BID 4 16 Edward M & Renee J Wineck 11-44 Bodart St Unit BLK 63400 BID 4 Revocable Trust $ 48.00 11-53 607 Bodart St May Marie, Inc 345800 $ 263.00 BID 4 11-56 300 N Madison St Imperial Supplies, LLC 5319100 $ 4,043.00 BID 4 11-91 420 N Monroe Ave GB Real Estate Investments, LLC 1300 $ 1.00 BID 4 Green Bay Redevelopment 12-118 109 N Adams St 0 BID 4 Authority $ - 12-130-1 110 S Adams St Tmj, LLC 1133600 $ 862.00 BID 4 Neighborhood Housing Services 12-134 112 N Adams St 0 BID 4 of Green Bay, Inc $ - 12-135 116 N Adams St Frankenthal Building, LLC 142800 $ 109.00 BID 4 12-144 214 N Adams St Associated Kellogg Bank 465700 $ 354.00 BID 4 12-175 400 N Washington St Schreiber Foods, Inc 36631400 $ 27,840.00 BID 4 12-184- 401 N Washington St Vast Properties 801, LLC 9749500 BID 4 A $ 7,410.00 12-192 127 S Washington St Manifit Alterations, LLC 248700 $ 189.00 BID 4 12-200 301 N Adams St Unit 160 301 N Adams Street, LLC 212100 $ 161.00 BID 4 12-201 216 Northland Ave Unit 210 The Gateway Collective, Inc 3771500 $ 2,866.00 BID 4 12-206 216 Northland Ave Unit 260 Hcw, LLC 0 $ - BID 4 12-24 111 N Washington St Nicolet Joint Ventures, LLC 10134200 $ 7,702.00 BID 4 126 S Washington St Unit 12-281 Varsity Holdings, LLC 624100 BID 4 A101 $ 474.00 126 S Washington St Unit 12-282 Mancoske Kramer Real Estate 137300 BID 4 A102 $ 104.00 110 S Washington St Unit 1- 12-283 Nicolet National Bank 687600 BID 4 103 $ 523.00 12-38-3 130 E Walnut St Unit C Bellin Building, LLC 190200 $ 145.00 BID 4 12-38-4 130 E Walnut St Unit D Bellin Building, LLC 151700 $ 115.00 BID 4 12-38-5 130 E Walnut St Unit E Bellin Building, LLC 269700 $ 205.00 BID 4 12-38-6 130 E Walnut St Unit F Bellin Building, LLC 190300 $ 145.00 BID 4 12-38-9 130 E Walnut St Unit I Bellin Building, LLC 40800 $ 31.00 BID 4 13-107 416 Crooks St Jrmc Real Estate Partners, LLC 324100 $ 246.00 BID 4 13-112 318 S Madison St Jamkat, LLC 93200 $ 71.00 BID 4 13-114 332 S Madison St Hook and Ladder Properties, LLC 269400 $ 205.00 BID 4 13-121 321 S Jefferson St Jamkat, LLC 93200 $ 71.00 BID 4 13-124 307 S Jefferson St Vande Castle Properties, LLP 37100 $ 28.00 BID 4 13-127 420 Doty St ADL Holdings,, LLC 228200 $ 173.00 BID 4 13-128 212 S Madison St The City of Green Bay 0 $ - BID 4 First United Methodist Church 13-135 200 S Monroe Ave 0 BID 4 Green Bay $ - Warren Family Funeral Homes, 13-153 340 S Monroe Ave 884600 BID 4 Inc $ 672.00 Madison Monroe Investments, 13-163 408 S Monroe Ave 653400 BID 4 LLP $ 497.00 13-165 424 S Monroe Ave Moski Corp 938700 $ 713.00 BID 4 13-171 445 S Madison St Thoughts Holdings, LLC 853200 $ 648.00 BID 4 13-179 413 S Madison St Mce Properties, LLC 293800 $ 223.00 BID 4 13-18 444 S Adams St American Foods Group, LLC 1333800 $ 1,014.00 BID 4 13-20 419 S Washington St Second Wind Auto Gallery, LLC 444000 $ 337.00 BID 4 17 13-51 229 Stuart St Peoples Marine Bank 92100 $ 70.00 BID 4 13-87 414 S Jefferson St 414 S Jefferson St Green Bay, LLC 912300 $ 693.00 BID 4 14-383 535 S Monroe Ave Ps & Lc Real Estate, LLC 237100 $ 180.00 BID 4 14-403 417 S Monroe Ave TBTRAN Investments, LLC 917600 $ 697.00 BID 4 14-424 315 S Monroe Ave Provenance, LLP 539300 $ 410.00 BID 4 14-443 211 S Monroe Ave Merrick Development, LLC 258800 $ 197.00 BID 4 15-103 432 Martin St Marilyn R. Gardner 41300 $ 31.00 BID 4 15-104 508 S Madison St Marilyn R. Gardner 119400 $ 91.00 BID 4 15-106 420 Martin St Marilyn R. Gardner 103400 $ 79.00 BID 4 15-23 501 S Adams St Cosmo, LLC 117900 $ 90.00 BID 4 $227,076,400 $ 260,124.00 18 APPENDIX E - CITY ATTORNEY’S OPINION – TO BE SUBMITTED 19 Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Rebecca Finco, Staff AGENDA ITEM # E.4 Consideration with possible action on the request by Olde Main Street Inc. (OMS) Business Improvement District (BID) to approve their 2026 Operating Plan. BACKGROUND Each year, the City of Green Bay's Business Improvement Districts are required to submit their annual operating plans to the Green Bay Plan Commission for review and approval. The attached Olde Main Street Business Improvement District 2026 Operating Plan has been approved by the OMS BID Board of Directors and has been reviewed by the City Attorney. RECOMMENDATION Approve the Olde Main Street Business Improvement District 2026 Operating Plan as submitted. FISCAL IMPACT ATTACHMENTS 1. OMS BID 2026 Operating Plan 9.24.25 2. 2026 OMS BID Attorney Opinion Letter 10.6.25 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov 2026 OLDE MAIN STREET BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN Without Manufacturing Data from the state of WI Olde Main Street District 130 E. Walnut St. Suite 501 Green Bay, WI 54301 Phone: (920) 437-5972 downtowngreenbay.com 1 TABLE OF CONTENTS Item Page Introduction 3 District Boundaries 3 Proposed Operating Plan 3-5 Method of Assessment 7 Relationship to Comprehensive Plan 8 Plan Approval Process 9 Future Year Operating Plans 9 Appendices 9-10 2 I. INTRODUCTION A. Background In 1984, the Wisconsin legislature created 66.1109 (formerly S. 66.608) of the Statutes (see Appendix A) enabling cities to establish Business Improvement Districts (BIDs). The purpose of the law is “to allow businesses within those districts to develop, to manage and promote the districts and to establish an assessment method to fund these activities.” (1983 Wisconsin Act 184, Section 1, legislative declaration.) The City of Green Bay received a petition from property owners that requested creation of a Business Improvement District for the purpose of revitalizing and improving the Olde Main Street business area on Green Bay’s east side. (see Appendix B). The BID law requires that every district have an annual Operating Plan. This document is the 2026 Operating Plan for the Olde Main Street district. B. Physical Setting The physical boundaries of the district include the Main Street corridor bounded on the west by the alleyway immediately east of Monroe Avenue, on the east by Grove Street, the East River shoreline to the north and varying commercial boundaries on the south. II. DISTRICT BOUNDARIES Please see the map of the district in Appendix C of this plan. A listing of the properties included in the district is provided in Appendix C. III. PROPOSED OPERATING PLAN A. Plan Objectives The objective of the BID is to provide leadership and management for revitalizing Main Street. By emphasizing community-based planning, planning that appreciates the advantages of low-cost, modest initiatives over the blockbuster resuscitation efforts of large-scale stand-alone projects the District performs the classic function of the urban neighborhood. Such districts give growth to new businesses, add substance to the local economy and export their people and innovations to the rest of the City. B. Proposed Activities Principle activities to be engaged in by the district during 2026 include: BUSINESS DEVELOPMENT - Olde Main Street will implement strategies to drive corporate, residential, and retail growth through business recruitment and retention efforts in partnership with regional and local organizations, such as the Chamber of Commerce, City of Green Bay, and Discover Green Bay. Efforts will include promoting available properties and fostering real estate connections. Olde Main Street will also host networking events, presentations and business tours, and actively engage district property and business owners through email, social media and face-to-face conversations. 2026 Initiatives: • Host “Network with Your Neighborhood” an event designed to inform and connect with district businesses. • Coordinate a ‘Benefits of a BID’ Information Campaign. • Begin using BOOMS Tracker, a tool for gathering, storing, and showcasing information about buildings and lots in the district. 3 MARKETING AND PROMOTION OF DOWNTOWN- Olde Main Street will highlight the BID as a vital community asset and a unique destination for events, shopping, dining, and business by utilizing both digital and traditional marketing methods, including the website, newsletter, social media, print, broadcast, and billboard advertising. The goal is to promote the Olde Main Street district as a historic, inclusive, and cultural hub. In collaboration with the Events team, specific marketing plans will be developed to attract visitors and increase foot traffic. Additionally, Olde Main Street will work with DGBI and the City Economic Development team to create innovative marketing strategies aimed at recruiting new businesses and supporting existing ones. 2026 Initiatives: • Redesign and re-evaluate the website and yearly Visitor Guide. • Develop district-specific marketing strategies to highlight Olde Main Street businesses. EVENTS – While BID funding is not used for event expenses, Olde Main Street will continue to organize events that bring the district to life, support local businesses, and showcase the historic, artistic, and inclusive charm of the area to both visitors and residents. 2026 Initiatives: • Continue to host “Experience Olde Main,” an event highlighting the unique businesses. • Continue to host and grow Theatre in The Park with community partners. • Host a new event/initiative called “Olde Main Street Then and Now,” a collaborate event with the Brown County Historical Society, sharing stories of the business history of the district. PHYSICAL IMPROVEMENTS AND FIRST IMPRESSIONS- Olde Main Street will continue to enhance the district with features such as planters, plants in the medians, banners, public art, and holiday décor. Cleanliness and weeds will be maintained through the efforts of paid staff and volunteers participating in the Adopt-A-Block program, along with semi- annual district clean-up events. DGBI will also foster relationships with the Green Bay Police and business partners to address vandalism and enhance public safety in the district. 2026 Initiative: • Bring the history of Olde Main Street to life by telling the stories of current buildings through murals and other public art. COMMUNITY OUTREACH AND ENGAGEMENT- Olde Main Street will work with community partners to better understand and respond to social issues and their impact on district businesses. We will celebrate our diverse neighborhoods through events and initiatives aimed at fostering a more inclusive environment. 2026 Initiatives: • Host an annual Safety Summit in collaboration with Public Safety and local community leaders. • Actively work with City Departments, City Government, Public Safety, Community Agencies, Neighborhood Associations, etc. on issues related to safety. 4 C. Proposed Expenditures – 2026 Proposed 2026 Olde Main Street Business Improvement District Operating Plan Budget Proposed Approved REVENUE 2026 Budget 2025 Budget BID Assessment - Olde Main Street $71,455.00 $66,983.00 Total Revenue $71,455.00 $66,983.00 EXPENSES Administrative Allocation toward DGBI Staffing $40,355.00 $34,233.00 Operating Expenses Office Supplies & Equipment $500.00 $500.00 Phone/Internet $900.00 $900.00 Conferences/Professional Devel. $1,500.00 $1,500.00 Office Rent/Lease $9,000.00 $9,000.00 Dues and Subscriptions $2,200.00 $1,050.00 Total Operating Expenses $14,100.00 $12,950.00 Marketing/Printing Includes graphic design software, printed and digital promotional materials, website, social media, and promotional giveaways Total Marketing allocations $4,500.00 $4,300.00 Economic Development Business recruitment and retention, networking $2,000.00 $2,000.00 Physical Improvements Streetscape-Planters & Medians including new mulch (majority of the cost is paid by sponsorships) $4,500.00 $6,000.00 Cleanliness $1,000.00 $2,500.00 Banners & Holiday Décor $2,000.00 $2,000.00 Public Art $2,000.00 $2,000.00 Three Corners Flags $ 1,000.00 $1,000.00 Total Physical Improvements $10,500.00 $13,500.00 Total Expenses $71,455.00 $66,983.00 5 D. Financing Method The proposed expenditures contained in Section C, above, will be financed through the BID assessment. It is estimated that approximately $71,455 will be raised through assessments. Additionally, we anticipate collecting $8750 in sponsorships to pay for planters that are located around the district. This amount is a portion of the overall organizational budget of Downtown Green Bay, Inc. Sponsorships and event revenues are expected to cover the additional operating costs. The BID Board shall have the authority and responsibility to prioritize expenditures and to revise the budget as necessary to match the funds available. E. Organization of BID Board Upon creation of the BID, the Mayor appointed members to the district board ("board"). The board's primary responsibility is the implementation of this Operating Plan. This will require the board to negotiate with providers of services and materials to carry out the Plan; to enter into various contracts; to monitor development activity; to periodically revise the Operating Plan; to ensure district compliance with the provisions of applicable statutes and regulations; and to make reimbursements for any overpayments of BID assessments. State law requires that the board be composed of at least five members and that a majority of the board members be owners or occupants of property within the district. It is recommended that the BID board be structured and operate as follows: 1. Board Size – at least Five 2. Composition - At least three fifths’ members shall be owners or occupants of property within the district. Any non-owner or non-occupant appointed to the board shall be a resident of the City of Green Bay. The board shall elect its Chairperson from among its members. 3. Term - Appointments to the board shall be for a period of three years except that initially two members shall be appointed for a period of three years, two members shall be appointed for a period of two years, and one member shall be appointed for a period of one year. 4. Compensation – None 5. Meetings - All meetings of the board shall be governed by the Wisconsin Open Meetings Law. 6. Record Keeping - Files and records of the board's affairs shall be kept pursuant to public record requirements. 7. Staffing - The board may employ staff and/or contract for staffing services pursuant to this Plan and subsequent modifications thereof. 8. Meetings - The board shall meet regularly, at least twice each year. The board shall adopt rules of order (“by laws”) to govern the conduct of its meetings. F. Relationship to Olde Main Street, Inc. and Downtown Green Bay, Inc. The Olde Main Street BID shall be a separate entity from Downtown Green Bay, Inc., notwithstanding the fact that members, officers and directors of each may be shared. Downtown Green Bay, Inc. shall remain a private organization, not subject to the open meeting law, and not subject to the public record law except for its records generated in 6 connection with the BID board. The Olde Main Street BID shall contract with Downtown Green Bay, Inc. to provide services, in accordance with this Plan. All income and expenses for each BID (Downtown Green Bay BID and Olde Main Street BID) will be maintained and accounted for independently and separately, despite one entity managing both BIDS. The accounting of the BID assessment funds will be tracked in our accounting software. Each BID’s income and expenses will be separated by Class and can be reported to each of the BID Boards at any time. IV. METHOD OF ASSESMENT A. Assessment Rate and Method Parcels Assessed All tax parcels within the District are required to pay real estate taxes, including those taxed by the State as manufacturing, and all parcels used exclusively for manufacturing, will be assessed. Real property used exclusively for residential purposes may not be assessed, as required by the BID law. Residential property will be defined as 100% residential property or owner-occupied properties. Property exempt from paying real estate taxes will not be assessed. Property owned by government agencies will not be assessed. Levy of Assessment Special assessments under this 2026 Operating Plan are hereby levied against each tax parcel of property within the District which has a separate tax key number, in the amount shown on the assessment schedule which is attached hereto as Appendix D. The assessment was based on the assessed value of that parcel (land and improvements) as shown in the records of the City Assessor’s office in January 2026 except as otherwise identified below. The principle behind the assessment methodology is that each non-exempt parcel’s owners should pay for District development in proportion to the benefits derived. Obviously, not every parcel within the District will benefit equally, thus it has been assumed that hospitality and entertainment uses will derive the most benefit and therefore will contribute to the BID at a higher assessment rate and warehouse uses will benefit the least and therefore contribute at a lower rate. The 2026 assessment shown on Appendix D was calculated as $3.00 for each $1,000 of assessed value for properties whose use is identified as hospitality or entertainment-related and $1.00 for each $1,000 of assessed value for properties whose use is identified as warehouse. Appendix C, attached hereto, contains a list of SIC codes identifying these properties. The 2024 assessment for remaining non-exempt tax parcels in the District, not identified as used for hospitality or entertainment-related uses or for warehousing, was calculated as $2.50 for each $1,000 of assessed value. For properties whose use comprises mixed SIC codes, the property has been identified by the ground level use(s) of any buildings constructed on the property. The ground level use is presumed to be the dominant use of the property. If a ground level has more than two uses, then the property has been identified by the use that makes up more than one half of the ground level square footage. The burden is on the owner to change a property classification from that designated in Appendix D. It must be proven annually by the owner of the property in question to the BID board. The maximum assessment for any individual or business shall be $3,000. 7 B. Excluded and Exempt Property The BID law requires explicit consideration of certain classes of property. In compliance with the law the following statements are provided. 1. State Statute 66.1109(1)(f)lm: The district will contain property used exclusively for manufacturing purposes, as well as properties used in part for manufacturing. These properties will be assessed according to the method set forth in this plan because it is assumed that they will benefit from development in the district. 2. State Statute 66.1109(5)(a): Property known to be used exclusively for residential purposes will not be assessed; such properties will be identified as BID Exempt Properties in Appendix D, as revised each year. 3. In accordance with the interpretation of the City Attorney regarding State Statute 66.1109(1)(b), property exempt from general real estate taxes has been excluded from the district. Privately owned tax-exempt property adjoining the district and which is expected to benefit from district activities may be asked to make a financial contribution to the district on a voluntary basis. V. RELATIONSHIP TO GREEN BAY COMPREHENSIVE PLAN AND ORDERLY DEVELOPMENT OF THE CITY A. City Plans The mission of Olde Main Street- to facilitate District redevelopment, is consistent with the City of Green Bay’s Comprehensive Plan and Downtown Master Plan; the organization promotes the orderly development of the City in general. Olde Main Street’s Design Plan was adopted in 2001 and recognized by the City of Green Bay as an integral element of the city’s vision and plan. B. City Role in District Operation The City of Green Bay has committed to helping private property owners in the district promote its development. To this end, the City expected to play a significant role in the creation of the Business Improvement district and in the implementation of the Operating Plan. In particular, the City will: 1. Provide technical assistance to the proponents of the district through adoption of the Plan and provide assistance as appropriate thereafter. 2. Monitor and, when appropriate, apply for outside funds that could be used in support of the district. 3. Collect assessments, maintain in a segregated account, and disburse the monies of the district. 4. Receive annual audits as required per sec. 66.1109 (3) (c) of the BID law. 5. Provide the board, through the Tax Commissioner's Office on or before June 30th of each Plan year, with the official City records and the assessed value of each tax key number with the district, as of January 1st of each Plan year, for purposes of calculating the BID assessments. 6. Encourage the State of Wisconsin, Brown County and other units of government to support the activities of the district. 8 VI. PLAN APPROVAL PROCESS A. Public Review Process The Wisconsin Business Improvement district law establishes a specific process for reviewing and approving proposed operating plans. Pursuant to the statutory requirements, the following process will be followed: 1. The City of Green Bay Plan Commission will review the BID audits and approve the proposed Operating Plan. They will provide a recommendation to Council. 2. Common Council will act on the proposed Operating Plans 3. The Common Council will act on the proposed BID Plan. B. Petition against Creation of the BID VII. FUTURE YEAR OPERATING PLANS A. Phased Development It is anticipated that the BID will continue to revise and develop the Operating Plan annually, in response to changing development needs and opportunities in the district, in accordance with the purposes and objectives defined in this initial Operating Plan. Section 66.1109 (3) (a) of the BID law requires the board and the City to annually review and make changes as appropriate in the Operating Plan. Therefore, while this document outlines in general terms the complete development program, it focuses upon 2024 activities, and information on specific assessed values, budget amounts and assessment amounts are based on 2024 conditions. Greater detail about subsequent year's activities will be provided in the required annual Plan updates, and approval by the Common Council of such Plan updates shall be conclusive evidence of compliance with this Plan and the BID law. In later years, the BID Operating Plan will continue to apply the assessment formula, as adjusted, to raise funds to meet the next annual budget. However, the method of assessing shall not be materially altered, except with the consent of the City of Green Bay. B. Amendment, Severability and Expansion This BID has been created under authority of Section 66.1109 of the Statutes of the State of Wisconsin. Should any court find any portion of this Statute invalid or unconstitutional its decision will not invalidate or terminate the BID and this BID Plan shall be amended to conform to the law without need of reestablishment. Should the legislature amend the Statute to narrow or broaden the process of a BID so as to exclude or include as assessable properties a certain class or classes of properties, then this BID Plan may be amended by the Common Council of the City of Green Bay as and when it conducts its annual Operating Plan approval and without necessity to undertake any other act. This is specifically authorized under Section 66.1109 (3)(b) APPENDICES A. STATUTE B. PETITION 9 C. PROPOSED DISTRICT BOUNDARIES D. 2023 PROJECTED ASSESSMENTS E. CITY ATTORNEY’S OPINION APPENDIX A & B: Wisconsin State Statute “BID Law” 66.1109 Business improvement districts. (1) In this section: (a) "Board" means a business improvement district board appointed under sub. (3) (a). (b) "Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (c) "Chief executive officer" means a mayor, city manager, village president or town chairperson. (d) "Local legislative body" means a common council, village board of trustees or town board of supervisors. (e) "Municipality" means a city, village or town. (f) "Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its relationship to any municipal master plan. 5. A legal opinion that subds. 1. to 4. have been complied with. (g) "Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed initial operating plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement district shall be approved by the local legislative body. 10 (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special assessment. (4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business improvement district. (b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business improvement district is not terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indicate that copies of the operating plan are available from the planning commission on request. (d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement district at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85. 11 APPENDIX C - PROPOSED DISTRICT BOUNDARIES 12 APPENDIX D- 2026 PROJECTED ASSESSMENTS Assessment options are based on the type of business occupying most of a parcel. Properties that are assessed are coded as follows: Assessment Rate .003 hospitality or entertainment related (BID 12) .001 warehouse (BID 10) .0025 all other properties being assessed (BID 11) Parcel Property Address Owner Name Total Value Assessment District 10-25 801 Cedar St Rfs Green Bay, LLC 1058200 $ 1,058.00 BID 10 11-100 417 N Quincy St Kevin C. Kuehn 48800 $ 49.00 BID 10 Green Bay Area Public School 14-10 Main St 0 BID 10 District Minoka-Hil $ - 14-30 300 N Roosevelt St 318 N Roosevelt, LLC 18500 $ 19.00 BID 10 8-279 313 St George St Green Bay City of 0 $ - BID 10 8-286 1278 Main St Moski Corp 429700 $ 200.00 BID 10 8-324-A 432 N Irwin Ave Patrick J. Liebman 172300 $ 172.00 BID 10 Main Street Green Bay Properties, 9-33-1 413 N Clay St 60000 BID 10 LLC $ 60.00 Main Street Green Bay Properties, 9-34 1023 Main St 277300 BID 10 LLC $ 277.00 Main Street Green Bay Properties, 9-52 423 N Clay St 161200 BID 10 LLC $ 161.00 9-56 1108 Cedar St Pomp S Tire Service, Inc 93100 $ 93.00 BID 10 9-58 1118 Cedar St F R W Realty, LLC 482100 $ 482.00 BID 10 9-62 409 N Roosevelt St F R W Realty, LLC 506500 $ 507.00 BID 10 9-64 435 N Roosevelt St F R W Realty, LLC 120700 $ 121.00 BID 10 9-72 1207 Cedar St Maricque S, Inc 79100 $ 79.00 BID 10 9-74 1141 Cedar St Pomp S Tire Service, Inc 59800 $ 60.00 BID 10 9-80 1111 Cedar St Miller Scrap Iron & Steel 421200 $ 421.00 BID 10 9-81 1101 Cedar St Cedar Street Partnership 1313900 $ 1,314.00 BID 10 10-14 700 Main St U Haul Real Estate Co 742800 $ 1,857.00 BID 11 10-27 Cedar St The City of Green Bay 0 $ - BID 11 10-28 Cedar St Green Bay City of - East River Trail 0 $ - BID 11 10-29 500 N Quincy St The City of Green Bay 0 $ - BID 11 Neighborhood Housing Services of 10-6 722 Bodart St 599900 BID 11 Green Bay, Inc $ 1,500.00 10-8 800 Cedar St Hus Properties, LLC 428100 $ 1,070.00 BID 11 11-104 635 Main St Jnt Venture, LLC 902400 $ 2,256.00 BID 11 11-47 618 Bodart St Ruesch Properties, LLC 128100 $ 320.00 BID 11 11-50 619 Bodart St Kevin C. Kuehn 181500 $ 454.00 BID 11 11-99 620 Main St Kuehn, LLC 153900 $ 385.00 BID 11 14-27 312 N Roosevelt St 318 N Roosevelt, LLC 45900 $ 115.00 BID 11 13 14-7 1138 Main St 1138 Main, LLC 553300 $ 1,383.00 BID 11 8-1 1400 Main St Nulund Group II, LLC 268700 $ 672.00 BID 11 Northeast Wisconsin Technical 8-114 1417 Cedar St 0 BID 11 College $ - 8-117 1405 Cedar St Osvaldo Ordaz 167900 $ 420.00 BID 11 8-263 433 St George St Green Bay City of 0 $ - BID 11 8-264 1245 Main St J Darrell Greig Jr 270600 $ 677.00 BID 11 8-272 1242 Main St Sarah E. Cooper 126800 $ 317.00 BID 11 8-273 1244 Main St Johnson Ventures, LLC 262200 $ 656.00 BID 11 8-280 1250 Main St John L. Lerch 82200 $ 206.00 BID 11 8-282 1260 Main St Moski Corp 146600 $ 367.00 BID 11 8-284 1270 Main St Moski Corp 371600 $ 600.00 BID 11 8-285 1276 Main St Moski Corp 306300 $ 766.00 BID 11 8-287 1296 Main St Moski Corp 123100 $ 300.00 BID 11 8-289 1306 Main St Green Bay City of 0 $ - BID 11 8-290 1322 Main St Green Bay City of 0 $ - BID 11 8-295 1344 Main St Green Bay City of 0 $ - BID 11 8-296 1352 Main St Green Bay City of 0 $ - BID 11 Gb Area Unitarian Universalist 8-301 1313 Main St 0 BID 11 Fellowship, Inc $ - 8-302 1335 Main St Saneha Real Estate, Inc 925000 $ 2,054.00 BID 11 8-305 1281 Main St Kosmoski Investment Corp 212400 $ 531.00 BID 11 8-306 1285 Main St Moski Corp 335400 $ 839.00 BID 11 8-309 1263 Main St West Ave, LLC 950200 $ 2,376.00 BID 11 8-311 1255 Main St Dogfish, LLC 79000 $ 198.00 BID 11 8-312 1251 Main St Dogfish, LLC 44200 $ 111.00 BID 11 8-313 1247 Main St Dogfish, LLC 86500 $ 216.00 BID 11 8-314 1242 Cedar St West Ave, LLC 50100 $ 125.00 BID 11 8-315 1250 Cedar St West Ave, LLC 58800 $ 147.00 BID 11 8-318 1274 Cedar St Dynamic Ventures, LLC 192000 $ 480.00 BID 11 8-320 1284 Cedar St Moski Corp 35800 $ 90.00 BID 11 8-321 433 N Irwin Ave Saneha Real Estate, Inc 378200 $ 946.00 BID 11 8-329 1371 Cedar St Ana Maria Ortega Morano 321500 $ 804.00 BID 11 8-335 1333 Cedar St Ana Rosa Gonzalez 228200 $ 571.00 BID 11 8-75 1405 Main St Kompound Enterprises, LLC 536300 $ 1,341.00 BID 11 8-8 1428 Main St Melotte Distributing, Inc 148000 $ 370.00 BID 11 8-839 1228 Main St Urban Concepts, LLC 50700 $ 127.00 BID 11 8-840 1230 Main St Urban Concepts, LLC 45600 $ 114.00 BID 11 8-841 1232 Main St Urban Concepts, LLC 26200 $ 66.00 BID 11 8-842 1232 Main St Urban Concepts,, LLC 60000 $ 150.00 BID 11 8-843 1234 Main St Urban Concepts, LLC 37900 $ 95.00 BID 11 8-844 1234 Main St Urban Concepts, LLC 56400 $ 141.00 BID 11 8-845 1234 Main St Urban Concepts, LLC 54900 $ 137.00 BID 11 8-846 1234 Main St Urban Concepts, LLC 83000 $ 208.00 BID 11 8-847 1234 Main St Bridge Recording Studio LLC the 124200 $ 311.00 BID 11 14 8-848 1236 Main St Urban Concepts, LLC 46600 $ 117.00 BID 11 8-849 1236 Main St Urban Concepts, LLC 56400 $ 141.00 BID 11 8-850 321 St George St Urban Concepts, LLC 116400 $ 291.00 BID 11 8-851 1238 Main St Liza Rae, LLC 125800 $ 315.00 BID 11 8-852 1238 Main St Rey Rey Properties, LLC 70700 $ 177.00 BID 11 8-853 1240 Main St Rey Rey Properties, LLC 92000 $ 230.00 BID 11 8-854 1240 Main St Rey Rey Properties, LLC 92000 $ 230.00 BID 11 9-14 1000 Main St Ronald L. Smits 628600 $ 1,572.00 BID 11 9-17 1028 Main St Pdq Real Estate Holdings, LLC 592400 $ 1,481.00 BID 11 9-19-1 319 N Clay St Pdq Real Estate Holdings, LLC 29000 $ 73.00 BID 11 9-20 1201 Main St Wochinske Realty, LLC 1995200 $ 1,500.00 BID 11 9-26 1131 Main St Pomp S Tire Service, Inc 541000 $ 1,353.00 BID 11 9-29 1121 Main St Wochinske Realty, LLC 96300 $ - BID 11 9-30 1115 Main St Pomp S Tire Service, Inc 110900 $ 277.00 BID 11 9-31 1109 Main St Pomp S Tire Service, Inc 99600 $ 249.00 BID 11 9-32 416 N Clay St Pomp S Tire Service, Inc 207000 $ 84.00 BID 11 Main Street Green Bay Properties, 9-33 1033 Main St 116700 BID 11 LLC $ 292.00 Main Street Green Bay Properties, 9-33-2 1031 Main St 54200 BID 11 LLC $ 136.00 Main Street Green Bay Properties, 9-35 1021 Main St 111500 BID 11 LLC $ 279.00 Main Street Green Bay Properties, 9-36 1019 Main St 95400 BID 11 LLC $ 239.00 Main Street Green Bay Properties, 9-37 1013 Main St 203100 BID 11 LLC $ 508.00 9-41 931 Main St McHaHa,LLC 246900 $ 617.00 BID 11 9-45 915 Main St Simonet Development, LLC 0 $ - BID 11 9-48 901 Main St Rmr Partners, LLC 2359400 $ 3,000.00 BID 11 9-49 900 Cedar St David Bartikofsky 166500 $ 416.00 BID 11 Main Street Green Bay Properties, 9-50 1018 Cedar St 24600 BID 11 LLC $ 62.00 9-55 1102 Cedar St Pomp S Tire Service, Inc 40000 $ 85.00 BID 11 9-57 1112 Cedar St Pomp S Tire Service, Inc 319400 $ 799.00 BID 11 9-60 1124 Cedar St F R W Realty, LLC 140600 $ 352.00 BID 11 9-77 1123 Cedar St Wochinske Realty, LLC 1959000 $ 1,500.00 BID 11 9-85 500 N Webster Ave Denny H. Brotski 273800 $ 685.00 BID 11 9-86 903 Cedar St 929 Cedar, LLC 718600 $ 1,797.00 BID 11 9-9 930 Main St Scp 2011 C37 044, LLC 2222400 $ 3,000.00 BID 11 10-1 700 Bodart St Gto Investments, LLC 199600 $ 599.00 BID 12 10-2 708 Bodart St AV Holdings, LLC 102100 $ 306.00 BID 12 10-4 714 Bodart St Dan's Kitchen, LLC 184000 $ 552.00 BID 12 10-5 718 Bodart St 720 Bodart, LLC 176300 $ 529.00 BID 12 14-1 1100 Main St Greater Source, LLC 1054200 $ 3,000.00 BID 12 14-2 1106 Main St Heiman Partnership, LLC 362700 $ 1,088.00 BID 12 14-338 324 N Roosevelt St A&J Investment Properties, LLC 249800 $ 749.00 BID 12 15 8-118 500 N Baird St Leonel Cortes 162400 $ 487.00 BID 12 8-266 1237 Main St Dogfish, LLC 528300 $ 1,585.00 BID 12 8-281-A 1258 Main St Everardo Ortiz 584000 $ 1,752.00 BID 12 8-283 1264 Main St Ronald L. Smits 98100 $ 294.00 BID 12 8-297-A 1356 Main St Green Bay City of 0 $ - BID 12 8-303 1301 Main St Tasty Treats Real Estate, LLC 266700 $ 800.00 BID 12 8-307 1277 Main St Circle B Development, LLC 305600 $ 917.00 BID 12 8-332 1351 Cedar St Arnold J. Pendergast 195700 $ 587.00 BID 12 9-25 1139 Main St Cyrus Development Services, LLC 578600 $ 1,736.00 BID 12 Main Street Green Bay Properties, 9-39 1001 Main St 533700 BID 12 LLC $ 1,008.00 9-44 919 Main St Simonet Development, LLC 555800 $ 1,667.00 BID 12 $36,374,400 $71,455.00 16 APPENDIX E - CITY ATTORNEY’S OPINION – TO BE SUBMITTED 17 Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Rebecca Finco, Staff AGENDA ITEM # E.5 Consideration with possible action on the request by the Broadway Business Improvement District (BID) to approve their 2026 Operating Plan. BACKGROUND Each year, the City of Green Bay's Business Improvement Districts are required to submit their annual operating plans to the Green Bay Plan Commission for review and approval. The attached Broadway Business Improvement District 2026 Operating Plan has been approved by the Broadway BID Board of Directors and has been reviewed by the City Attorney. RECOMMENDATION Approve the Broadway Business Improvement District 2026 Operating Plan as submitted. FISCAL IMPACT ATTACHMENTS 1. Broadway BID 2026 Operating Plan 10.8.25 2. 2026 Broadway BID Attorney Opinion Letter 10.8.25 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov 2026 Operating Plan Broadway Business Improvement District BUSINESS IMPROVEMENT DISTRICT NO. 3 PROPOSED OPERATING PLAN I. INTRODUCTION A. Background In 1984, the Wisconsin legislature created 66.1109 (formerly S. 66.608) of the Statutes (see Appendix A) enabling cities to establish Business Improvement Districts (BIDs). The purpose of the law is “to allow businesses within those districts to develop, to manage and promote the districts and to establish an assessment method to fund these activities.” (1983 Wisconsin Act 184, Section 1, legislative declaration.) The City of Green Bay has received a petition from property owners which requests creation of a Business Improvement District for the purpose of revitalizing and improving the Broadway business area on Green Bay’s West side. (see Appendix B). The BID law requires that every district have an annual Operating Plan. This document is the initial Operating Plan for the proposed Broadway Business Improvement District. The BID proponents prepared this Plan with technical assistance from the City of Green Bay Economic Development Department. B. Physical Setting The Broadway Business Improvement District has a general setting starting at the point where Mason Street meets the west bank of the Fox River; west to the southwestern property line of parcel 2-948 (Wisconsin Central LTD); continuing northwest to Maple Avenue; north on Maple Avenue to the northern property line of parcel 3-1144-B (339 South Maple Avenue); east along said property line to Chestnut Avenue; north along Chestnut Avenue to Howard Street; west on Howard Street to the alleyway beginning on the western most property line of parcel 3-330 (506-508 Howard Street); north through the alleyway to the southern border of parcel 3-85 (515 West Walnut Street); west at the property line to South Maple Avenue; north on South Maple Avenue through Walnut Street to the northern property line of 4-223 (514 West Walnut Street); east at said property line to alleyway; north in alleyway to the northern property line of parcel 4-102 (230 North Maple Avenue); west along said property line to North Maple Avenue; north on North Maple Avenue to Dousman Street; west on Dousman Street to alleyway beginning at the western property line of parcel 5-607 (301 North Maple Avenue); north in said alleyway to northern property line of parcel 5-605-1; east along said property line to North Maple Avenue; north on North Maple Avenue to Kellogg Street; east on Kellogg Street to Chestnut Avenue; north on Chestnut Avenue to Elmore Street; east on Elmore Street to Broadway Street; north on Broadway Street to alleyway beginning on the northern property line of parcel 5-72 (710 North Broadway Street); east through said alleyway to McDonald Street; north on McDonald Street to James Street; east on James Street to the northeastern property line of parcel 5-1525-A; south along said property line to western bank of Fox River. II. DISTRICT BOUNDARIES Boundaries of the proposed district are shown on the map in Appendix B of this plan. A listing of the properties included in the district is provided in Appendix C. III. PROPOSED OPERATING PLAN A. Plan Objectives The object of the Broadway Business Improvement District is to foster a vibrant community activated by: o People strolling the streets shopping for one-of-a kind gifts or everyday goods o Diners enjoying diverse restaurants that intermingle with shops and other cultural and entertainment venues o Activity flowing between the streets of Broadway and the waterfront to the rest of downtown o A variety of housing styles mixed throughout the district, providing affordable housing for all markets o The entrepreneurial spirit coupled with a strong dynamic employee base As creativity and art provide the underlying pulse of the district, these elements combine making the Broadway District the place people of all ages and backgrounds come to shop, eat, live, work, network and play. Proposed Activities – Year Next Principle activities to be engaged in by the district during its next year of operation, if the environment allows, will include: 1. Maintain benches, garbage cans, planters/beautification, pole banners, and other hardscape improvements throughout the district. 50 planters will be planted in the spring with flowers, 20 planters with fall décor, weed management throughout district during the growing season, weed management and perennial plantings in 48 tree boxes, 25 bowls with winter décor, coordinated trash pickups once per month, 150 poles banners, and 30 trees with annual lighting. 2. Improve awareness of BBID investments in the district by partnering with On Broadway, Inc. and other funded partners to promote the BBID brand. 3. Maintain a mini-grant program to support retail occupancy of ground floor storefronts. Grants will be provided directly to businesses who sign a minimum of a one-year lease and meet all other grant requirements. 4. Help sustain operations and solvency of On Broadway, Inc. by providing an administrative allocation for payment of rent, telephones, internet, office supplies, utilities and salaries that are necessary to provide services to the businesses in the district with an emphasis on funding a business support position that provides technical assistance for business and property owners 5. Advance conversations with adjacent commercial property owners north of Mason Street to gauge interest in joining the BBID and subsequently propose modifications if warranted to the City of Green Bay Plan Commission. 6. Review and make recommendations to update the by-laws of the BBID. 7. Support the efforts to open a public market by funding the second payment of a four-year pledge to the capital campaign. Provide advocacy for the project recognizing its ability to attract visitors to the district and increase future development and property values. 8. Support efforts for stronger streetscape activation including a microgrant program for businesses and property owners, and subsidy of an intern with a materials budget to create public art, coordinate amenity installation, and provide design assistance for things like planters, sign boards, façade improvements, canopies, flags, banners, outdoor dining areas and more. 9. Provide support to subsidize the implementation of a refreshed website in partnership with Downtown Green Bay, Inc. and Olde Main Street to help promote district activities, businesses, and other unique amenities. 10. Maintain support to develop a concept for the launch and management of a retail incubator that will house retail startup operations and provide training to business owners on how to manage a successful retail operation to reduce retail vacancies and turnover rates. Proposed Budget Design Lighting tree lighting in winter $ 10,000 Annual Maintenance • planters in spring • watering in spring, summer, fall • weeding in spring, summer, fall • fall décor • winter décor • banner maintenance • trash pickup • graffiti removal • weeding • mulched beds $ 25,000 Bike Racks Install artistic bike racks. $ 5,000 Streetscape Microgrants Provide microgrants to business and property owners to enhance streetscape activation. $ 5,000 Design Intern/Residency Help fund a design intern or residency to work with business and property owners to encourage investment and create projects supported by businesses. $ 5,000 Intern/Residency Materials Budget Provide a budget for the purchase of materials and supplies to create and install streetscape amenities placed and maintained by OBI or business owners. $ 5,000 Total Design $ 55,000 Organization Admin Allocation To assist with payment of administrative expenses including but not limited to rent, telephones, internet, office supplies, utilities, and salaries necessary to execute the proposed activities. $ 31,484 BBID Annual Audit 2025 audit $ 4,000 Total Organization $ 35,484 Promotion Marketing Allowance District marketing throughout the year. $ 4,938 Website Partially fund the creation of a new website in partnership with Downtown Green Bay, Inc. including software licensing and plug-in integration. $ 15,000 Total Promotion $ 19,938 Economic Vitality Mini-Grants Maintain a mini-grant program to encourage retail occupancy in ground floor spaces. $ 10,000 Retail Incubator Contribution towards development of a retail incubator space. $ 12,000 Public Market Payment 2 of 4 to the capital campaign for the Green Bay Public Market. $ 25,000 Total Economic Vitality $ 47,000 Total $ 157,422 B. Financing Method It is proposed to raise $157,422 through BID assessments calculated with estimated manufacturing assessments (see Appendix C). The BID Board shall have the authority and responsibility to prioritize expenditures and to revise the budget as necessary to match the funds actually available. C. Organization of BID Board Upon creation of the BID, the Mayor will appoint members to the district board ("board"). The board's primary responsibility will be implementation of this Operating Plan. This will require the board to negotiate with providers of services and materials to carry out the Plan; to enter into various contracts; to monitor development activity; to periodically revise the Operating Plan; to ensure district compliance with the provisions of applicable statutes and regulations; and to make reimbursements for any overpayments of BID assessments. State law requires that the board be composed of at least five members and that a majority of the board members be owners or occupants of property within the district. The Broadway Business Improvement District Board shall be organized as follows: 1. Board size – Maximum of 9, minimum of 7, with one representative of the Mayor or Council. 2. Composition - A majority (at least 5) members shall be owners or occupants of property within the District. 3. Term – The nine board member positions shall rotate every three years, with three positions expiring at the end of each calendar year-end. The Board may remove, by a majority vote, any BID Board member who is absent from more than 3 meetings, without a valid excuse. In the event that a member takes the position mid-term (before the position expires every three years), that term shall count as the first term if two years or more remain on the term. Should less than two years remain on the term, this time is not counted towards the term limit and the board member shall be allowed to serve up to the maximum two additional three year terms. 4. Compensation - None. 5. Meetings - All meetings of the Board shall be governed by the Wisconsin Open Meetings Law. Minutes will be recorded and submitted to the City and the Board. The Board shall adopt rules of order to govern the conduct of its meetings and meet regularly, at least annually. 6. Record keeping - Files and records of the Board’s affairs shall be kept pursuant to public records requirements. 7. Staffing - The Board may employ staff and/or contract for staffing services pursuant to this Plan and subsequent modifications thereof. Unless requested otherwise by the Board, any staff members or employees of contractors may attend all meetings of the Board, but will not have voting authority. 8. Officers - The Board shall appoint a Chairman, Treasurer and Secretary, any two of the three of which shall have the power to execute documents on behalf of the full Board, for the purposes authorized by the full Board. The Board may also give its staff limited ability to write checks to carry out the Plan. Any individual on the Board can be appointed an Officer, but shall be limited to two consecutive years as an Officer. D. Relationship to On Broadway, Inc. The BID shall be a separate entity from On Broadway, Inc., notwithstanding the fact that members, officers and directors of each may be shared. The Association shall remain a private organization, not subject to the open meeting law, and not subject to the public record law except for its records generated in connection with the BID board. The Association may, and it is intended, shall, contract with the BID to provide services to the BID, in accordance with this Plan. IV. METHOD OF ASSESMENT A. Assessment Rate and Method The principle behind the assessment methodology is that each property should contribute to the BID in proportion to the benefit derived from the BID. After consideration of other assessment methods, it was determined that assessed value of a property was the characteristic most directly related to the potential benefit provided by the BID. Therefore, a fixed assessment on the assessed value of the property was selected as the basic assessment methodology for this BID. As of January 1, 2025, the property in the Broadway Business Improvement District will have a total assessed value of $101,562,800 million. This plan proposes to assess the property in the district at a rate of $1.55 per $1,000.00 of assessed value. This represents a 5.4% change from the prior year, or $0.08 per $1,000, and subject to the maximum assessment for the purposes of the BID. Appendix shows the projected BID assessment for each property included in the district. B. Excluded and Exempt Property The BID law requires explicit consideration of certain classes of property. In compliance with the law the following statements are provided. 1. State Statute 66.1109(1)(f)lm: The district will contain property used exclusively for manufacturing purposes, as well as properties used in part for manufacturing. These properties will be assessed according to the method set forth in this plan because it is assumed that they will benefit from development in the district. 2. State Statute 66.1109(5)(a): Property known to be used exclusively for residential purposes will not be assessed; such properties will be identified as BID Exempt Properties in Appendix C, as revised each year. 3. In accordance with the interpretation of the City Attorney regarding State Statute 66.1109 (1)(b), property exempt from general real estate taxes has been excluded from the district. Privately owned tax-exempt property adjoining the district and which is expected to benefit from district activities may be asked to make a financial contribution to the district on a voluntary basis. V. RELATIONSHIP TO GREEN BAY COMPREHENSIVE PLAN AND ORDERLY DEVELOPMENT OF THE CITY A. City Plans Objectives: Downtown Revitalization Support economic revitalization of downtown by encouraging diverse economic activity including government and professional offices, insurance and financial services, education and training, convention, lodging, food and beverages, and entertainment, retail, and high-density residential land uses. - Chapter 26: Economic Development: Objective - 4, from Smart Growth 2022, City of Green Bay, May 2003. Land Uses: “Downtown” Mixed Use: The “downtown” land use category allows and promotes high-intensity office, retail, housing and civic land uses, preferably in mixed use buildings with a strong pedestrian orientation. It applies within the Broadway corridor as it does in Downtown “proper,” although the scale of buildings along Broadway is smaller, and the intensity of use is likely to be somewhat lower. As discussed in the Historic Preservation Plan, the Broadway historic districts could benefit from site plan review of development projects, using design standards that are geared to the specific character of those districts. - Chapter22: Neighborhoods and Districts: Objectives, Policies and Recommendations for District 3, from Smart Growth 2022, City of Green Bay, May 2003. Based on the objectives and land use requirements cited above, this BID Operating Plan is consistent with the City’s Comprehensive Plan for the Broadway District. B. City Role in District Operation The City of Green Bay has committed to helping private property owners in the district promote its development. To this end, the City is expected to play a significant role in the creation of the Business Improvement district and in the implementation of the Operating Plan. In particular, the City will: 1. Provide technical assistance to the proponents of the district through adoption of the Plan, and provide assistance as appropriate thereafter. 2. Monitor and, when appropriate, apply for outside funds that could be used in support of the district. 3. Collect assessments, maintain in a segregated account, and disburse the monies of the district. 4. Receive annual audits as required per sec. 66.1109 (3) (c) of the BID law. 5. Provide the board, through the Tax Commissioner's Office on or before June 30th of each Plan year, with the official City records and the assessed value of each tax key number with the district, as of January 1st of each Plan year, for purposes of calculating the BID assessments. 6. Encourage the State of Wisconsin, Brown County and other units of government to support the activities of the district. VI. PLAN APPROVAL PROCESS A. Public Review Process The Wisconsin Business Improvement district law establishes a specific process for reviewing and approving proposed districts. Pursuant to the statutory requirements, the following process will be followed: 1. The City of Green Bay Plan Commission will review the proposed district boundaries and proposed Operating Plan and will then set a date for a formal public hearing. 2. The City Plan Commission, in cooperation with the Economic Development Department, will send, by certified mail, a public hearing notice and a copy of the proposed Operating Plan to all owners of real property within the proposed district. In addition, a Class 2 notice of the public hearing will be published in a local newspaper of general circulation. 3. The City Plan Commission will hold a public hearing, will approve or disapprove the Plan, and will report its action to the Common Council. 4. The Common Council will act on the proposed BID Plan. 5. If adopted by the Common Council, the proposed BID Plan is sent to the Mayor for his approval. 6. If approved by the Mayor, the BID is created and the Mayor will appoint members to the district board established to implement the Plan. B. Petition against Creation of the BID The City may not create the Business Improvement district if, within 30 days of the City Plan Commission's hearing, a petition is filed with the City containing signatures of: 1. Owners of property to be assessed under the proposed initial Operating Plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial Operating Plan, using the method of valuation specified in the proposed initial Operating Plan; or 2. Owners of property to be assessed under the proposed initial Operating Plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed Operating Plan. VII. FUTURE YEAR OPERATING PLANS A. Phased Development It is anticipated that the BID will continue to revise and develop the Operating Plan annually, in response to changing development needs and opportunities in the district, in accordance with the purposes and objectives defined in this initial Operating Plan. Section 66.1109 (3) (a) of the BID law requires the board and the City to annually review and make changes as appropriate in the Operating Plan. Therefore, while this document outlines in general terms the complete development program, it focuses upon Year One activities, and information on specific assessed values, budget amounts and assessment amounts are based on Year One conditions. Greater detail about subsequent year's activities will be provided in the required annual Plan updates, and approval by the Common Council of such Plan updates shall be conclusive evidence of compliance with this Plan and the BID law. In later years, the BID Operating Plan will continue to apply the assessment formula, as adjusted, to raise funds to meet the next annual budget. However, the method of assessing shall not be materially altered, except with the consent of the City of Green Bay. B. Amendment, Severability and Expansion This BID has been created under authority of Section 66.1109 of the Statutes of the State of Wisconsin. Should any court find any portion of this Statute invalid or unconstitutional its decision will not invalidate or terminate the BID and this BID Plan shall be amended to conform to the law without need of reestablishment. Should the legislature amend the Statute to narrow or broaden the process of a BID to exclude or include as assessable properties a certain class or classes of properties, then this BID Plan may be amended by the Common Council of the City of Green Bay as and when it conducts its annual Operating Plan approval and without necessity to undertake any other act. This is specifically authorized under Section 66.1109(3)(b). OPERATING PLAN APPENDICES A. STATUTE B. DISTRICT BOUNDARIES MAP C. YEAR PROJECTED ASSESSMENTS D. CITY ATTORNEY’S OPINION APPENDIX A - Wisconsin State Statute “BID Law” 66.1109 Business improvement districts. (1) In this section: (a) "Board" means a business improvement district board appointed under sub. (3) (a). (b) "Business improvement district" means an area within a municipality consisting of contiguous parcels and may include railroad rights-of-way, rivers, or highways continuously bounded by the parcels on at least one side, and shall include parcels that are contiguous to the district but that were not included in the original or amended boundaries of the district because the parcels were tax-exempt when the boundaries were determined and such parcels became taxable after the original or amended boundaries of the district were determined. (c) "Chief executive officer" means a mayor, city manager, village president or town chairperson. (d) "Local legislative body" means a common council, village board of trustees or town board of supervisors. (e) "Municipality" means a city, village or town. (f) "Operating plan" means a plan adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of a business improvement district, including all of the following: 1. The special assessment method applicable to the business improvement district. 1m. Whether real property used exclusively for manufacturing purposes will be specially assessed. 2. The kind, number and location of all proposed expenditures within the business improvement district. 3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred. 4. A description of how the creation of the business improvement district promotes the orderly development of the municipality, including its relationship to any municipal master plan. 5. A legal opinion that subds. 1. to 4. have been complied with. (g) "Planning commission" means a plan commission under s. 62.23, or if none a board of public land commissioners, or if none a planning committee of the local legislative body. (2) A municipality may create a business improvement district and adopt its operating plan if all of the following are met: (a) An owner of real property used for commercial purposes and located in the proposed business improvement district designated under par. (b) has petitioned the municipality for creation of a business improvement district. (b) The planning commission has designated a proposed business improvement district and adopted its proposed initial operating plan. (c) At least 30 days before creation of the business improvement district and adoption of its initial operating plan by the municipality, the planning commission has held a public hearing on its proposed business improvement district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed business improvement district shall be sent by certified mail to all owners of real property within the proposed business improvement district. The notice shall state the boundaries of the proposed business improvement district and shall indicate that copies of the proposed initial operating plan are available from the planning commission on request. (d) Within 30 days after the hearing under par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed business improvement district or its proposed initial operating plan. (e) The local legislative body has voted to adopt the proposed initial operating plan for the municipality. (3) (a) The chief executive officer shall appoint members to a business improvement district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the business improvement district. (b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its business improvement district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the business improvement district shall be approved by the local legislative body. (c) The board shall prepare and make available to the public annual reports describing the current status of the business improvement district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the business improvement district. (d) Either the board or the municipality, as specified in the operating plan as adopted, or amended and approved under this section, has all powers necessary or convenient to implement the operating plan, including the power to contract. (4) All special assessments received from a business improvement district and all other appropriations by the municipality or other moneys received for the benefit of the business improvement district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the business improvement district by the municipality, all moneys collected by special assessment remaining in the account shall be disbursed to the owners of specially assessed property in the business improvement district, in the same proportion as the last collected special assessment. (4m) A municipality shall terminate a business improvement district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the business improvement district, subject to all of the following conditions: (a) A petition may not be filed under this subsection earlier than one year after the date the municipality first adopts the operating plan for the business improvement district. (b) On and after the date a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until the expiration of 30 days after the date of hearing under par. (c) and unless the business improvement district is not terminated under par. (e). (c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under ch. 985. Before publication, a copy of the notice together with a copy of the operating plan and a copy of a detail map showing the boundaries of the business improvement district shall be sent by certified mail to all owners of real property within the business improvement district. The notice shall state the boundaries of the business improvement district and shall indicate that copies of the operating plan are available from the planning commission on request. (d) Within 30 days after the date of hearing under par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the business improvement district, or, if the owner did not sign the petition, that the owner requests termination of the business improvement district. (e) If after the expiration of 30 days after the date of hearing under par. (c), by petition under this subsection or subsequent notification under par. (d), and after subtracting any retractions under par. (d), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, have requested the termination of the business improvement district, the municipality shall terminate the business improvement district on the date that the obligation with the latest completion date entered into to implement the operating plan expires. (5) (a) Real property used exclusively for residential purposes and real property that is exempted from general property taxes under s. 70.11 may not be specially assessed for purposes of this section. (b) A municipality may terminate a business improvement district at any time. (c) This section does not limit the power of a municipality under other law to regulate the use of or specially assess real property. History: 1983 a. 184; 1989 a. 56 s. 258; 1999 a. 150 s. 539; Stats. 1999 s. 66.1109; 2001 a. 85. APPENDIX B – District Map APPENDIX C – Year Projected Assessments GISLink TotalAssessedValue BID Assessment PropertyAddress OwnerName 2-72 $ 217,000.00 $ 336.35 519 S Broadway Joseph L. Aerts 2-76 $ - $ - 525 S Broadway Redevelopment Authority of the City of Green Bay 2-77 $ - $ - 531 S Broadway Redevelopment Authority of the City of Green Bay 2-947 $ - $ - 419 S Maple Ave Redevelopment Authority of the City of Green Bay 3-101 $ 116,900.00 $ 181.20 125 S Chestnut Ave Badgerland Management, LLC 3-104-A $ 85,800.00 $ 132.99 116 S Broadway Thavone Ly 3-105 $ 412,800.00 $ 639.84 112 S Broadway Bosley Properties, LLC 3-113 $ 624,200.00 $ 967.51 123 S Broadway Dubois Real Estate Holdings, LLC 3-114 $ 196,400.00 $ 304.42 120 S Pearl St Sma Construction Services, LLC 3-1300 $ 170,500.00 $ 264.28 126 S Broadway Urban Concepts,, LLC 3-100 $ 85,300.00 $ 132.22 117 S Chestnut Ave Badgerland Management, LLC 3-106 $ 349,300.00 $ 541.42 110 S Broadway Thavone Ly 3-107 $ 338,100.00 $ 524.06 405 W Walnut St Historic West, LLC 3-110 $ 402,500.00 $ 623.88 317 W Walnut St Zeise Marital Trust 3-116 $ 76,400.00 $ 118.42 100 S Pearl St Unit BLK Abby Holdings, LLC 3-1301 $ 172,600.00 $ 267.53 126 S Broadway Barbara Johnson 3-310 $ 13,100.00 $ 20.31 307 Howard St 201 Building, LLC 3-312 $ 114,900.00 $ 178.10 127 S Broadway Dubois Real Estate Holdings, LLC 3-313 $ 74,000.00 $ 114.70 131 S Broadway Dubois Real Estate Holdings, LLC 3-314 $ 148,300.00 $ 229.87 201 S Broadway 201 Building, LLC 3-320 $ 251,600.00 $ 389.98 128 S Broadway Slcre, LLC 3-322 $ 132,800.00 $ 205.84 124 S Broadway Thavone Ly 3-325 $ 7,900.00 $ 12.25 412 Howard St Badgerland Management, LLC 3-364 $ 35,000.00 $ 54.25 223 S Broadway Nicker Bobs Craft Mall, LLC 3-562 $ 36,800.00 $ 57.04 325 S Broadway Rbj Holdings, LLC 3-563-1 $ 222,700.00 $ 345.19 339 S Broadway Guppo, LLC 3-572 $ - $ - 402 S Broadway Redevelopment Authority of the City of Green Bay 3-588 $ 118,200.00 $ 183.21 316 S Broadway Chao T. Moua 3-589 $ 10,300.00 $ 15.97 312 S Broadway Dawn M. Mccoy 3-642 $ 218,400.00 $ 338.52 301 S Broadway Vaj Holdings, LLC 3-644 $ 33,100.00 $ 51.31 309 S Broadway Rbj Holdings, LLC 3-85 $ 445,600.00 $ 690.68 515 W Walnut St Kwik Trip, Inc 3-92 $ 241,600.00 $ 374.48 118 S Chestnut Ave Democratic Party of Brown County 3-96 $ 532,300.00 $ 825.07 509 W Walnut St Newcmg Properties, LLC 3-98 $ 47,700.00 $ 73.94 409 W Walnut St Historic West, LLC 4-187 $ 113,200.00 $ 175.46 133 N Pearl St Petes Annex, LLC 4-193 $ 27,000.00 $ 41.85 100 N Pearl St Unit BLK Petes Annex, LLC 4-201 $ 344,300.00 $ 533.67 133 N Broadway Gnly, LLC 4-210 $ 480,100.00 $ 744.16 107 N Broadway Czachor & Polack Development, LLC 4-221 $ 148,000.00 $ 229.40 500 W Walnut St Walnut Auto Investments, LLC 4-223 $ 661,700.00 $ 1,025.64 514 W Walnut St Sorensen Development, Inc 4-253-A $ 34,300.00 $ 53.17 N Pearl St Petes Annex, LLC 4-254 $ 472,400.00 $ 732.22 139 N Broadway KobeCash, LLC 4-264 $ 212,500.00 $ 329.38 111 N Broadway Unit B VantagePoint Holdings, LLC 4-266 $ 212,500.00 $ 329.38 111 N Broadway Eventful Concepts, LLC 4-62 $ 800,700.00 $ 1,241.09 200 N Broadway Theresa M. Beerntsen 4-65 $ 1,035,700.00 $ 1,605.34 240 N Broadway Bfam, LLC 4-68 $ 274,300.00 $ 425.17 231 N Broadway Washington, LLC 4-74 $ 384,700.00 $ 596.29 163 N Broadway Ildeman R. Nielson 4-85 $ 1,303,900.00 $ 2,021.05 505 Dousman St Frank Land Holding, LLC 5-1525-B $ 12,500.00 $ 19.38 201 Mather St Arthur W. Zingler III 5-1525-A $ 1,687,100.00 $ 2,615.01 700 Mc Donald St Graymont Western Lime, Inc 5-1737 $ 1,447,600.00 $ 2,243.78 300 N Broadway Unit 100 Green Bay Broadway Development, LLC 5-1757 $ 3,057,300.00 $ 4,738.82 520 N Broadway Ddl Holdings, LLC 5-1758 $ 300.00 $ 0.47 305 Donald Driver Way DDL Holdings, LLC 3-306 $ 5,198,600.00 $ 8,057.83 111 W Walnut St Green Bay Acquisition Co 4, Inc 3-306-1 $ 544,300.00 $ 843.67 201 W Walnut St Abby Holdings, LLC 3-311 $ 90,700.00 $ 140.59 100 S Pearl St Unit BLK Abby Holdings, LLC 3-315 $ 26,300.00 $ 40.77 205 S Broadway 201 Building, LLC 3-316 $ 48,400.00 $ 75.02 211 S Broadway Outside the Box Properties, LLC 3-317 $ - $ - 200 S Broadway Green Bay Area Public School District, Inc 3-362 $ 146,900.00 $ 227.70 301 S Pearl St Green Bay Acquistion Co 4, Inc 3-363 $ 46,400.00 $ 71.92 S Broadway Vaj Holdings, LLC 3-369-A $ 88,500.00 $ 137.18 226 S Broadway Serrano Enterprises, LLC 3-563 $ 110,500.00 $ 171.28 327 S Broadway Rbj Holdings, LLC 3-569 $ - $ - 420 S Broadway Redevelopment Authority of the City of Green Bay 3-590 $ 11,000.00 $ 17.05 304 S Broadway Dawn M. Mccoy 3-591 $ 199,400.00 $ 309.07 300 S Broadway Sanctuary Spas, LLC 3-643 $ 140,500.00 $ 217.78 307 S Broadway Nicker Bobs Craft Mall, LLC 3-99 $ 55,900.00 $ 86.65 100 S Chestnut Ave Unit BLK Historic West, LLC 4-104 $ 491,800.00 $ 762.29 517 Dousman St Bo Enterprises, LLC 4-154 $ 1,186,700.00 $ 1,839.39 142 N Broadway Lorenzen Holdings, LLC 4-156 $ 334,300.00 $ 518.17 151 N Broadway Noc Harn, LLC 4-157 $ 97,100.00 $ 150.51 147 N Broadway Groovy Real Estate, LLC 4-158 $ 363,600.00 $ 563.58 143 N Broadway Sand and Sun, LLC 4-159 $ 53,800.00 $ 83.39 144 N Chestnut Ave Sand and Sun, LLC 4-188 $ 66,700.00 $ 103.39 119 N Pearl St Petes Annex, LLC 4-189 $ 64,700.00 $ 100.29 127 N Pearl St Petes Annex, LLC 4-190 $ 42,700.00 $ 66.19 115 N Pearl St Petes Annex, LLC 4-192 $ 12,600.00 $ 19.53 105 N Pearl St Petes Annex, LLC 4-191 $ 21,100.00 $ 32.71 111 N Pearl St Petes Annex, LLC 4-194 $ 1,981,100.00 $ 3,070.71 310 W Walnut St Petes Annex, LLC 4-201-1 $ 451,200.00 $ 699.36 127 N Broadway Widmer Properties, LLC 4-204 $ 223,400.00 $ 346.27 123 N Broadway Game Holdings, LLC 4-205 $ 296,100.00 $ 458.96 121 N Broadway Xa Lee 4-206 $ 323,400.00 $ 501.27 119 N Broadway Eric J. Woller 4-215-A $ 212,600.00 $ 329.53 122 N Chestnut Ave Green Bay Community Theatre, Inc 4-216 $ 94,700.00 $ 146.79 138 N Chestnut Ave Bett, LLC 4-263 $ 212,500.00 $ 329.38 111 N Broadway Taj Enterprises, LLC 4-265 $ 216,100.00 $ 334.96 111 N Broadway Whetter Daniel D & Carrie L Joint Revoc Trust 4-59 $ 509,400.00 $ 789.57 N Broadway Parking Lot U, LLC 4-60 $ 2,005,700.00 $ 3,108.84 164 N Broadway Blh Holdings, LLC 4-61-1 $ 900,700.00 $ 1,396.09 154 N Broadway 154 N Broadway, LLC 4-66 $ 586,300.00 $ 908.77 313 Dousman St High Brau, LLC 4-67 $ 2,099,100.00 $ 3,253.61 235 N Broadway Platten Place, LLC 4-71 $ 1,227,200.00 $ 1,902.16 211 N Broadway On Broadway, Inc 4-72 $ 547,600.00 $ 848.78 201 N Broadway 201 Broadway, LLC 4-75 $ 483,100.00 $ 748.81 159 N Broadway David Bartikofsky 4-76 $ 139,400.00 $ 216.07 157 N Broadway Noc Harn, LLC 4-84 $ 576,400.00 $ 893.42 413 Dousman St Kaliz Ltd Partnership 5-1525 $ 2,155,800.00 $ 3,341.49 Dousman St Unit RR Graymont Western Lime, Inc 5-1738 $ 1,251,100.00 $ 1,939.21 300 N Broadway Unit 200 Green Bay Broadway Development, LLC 5-1739 $ 1,281,200.00 $ 1,985.86 300 N Broadway Unit 300 Green Bay Area Chamber of Commerce 5-58 $ 86,600.00 $ 134.23 704 Alma St Nancy Rogers 5-584-2 $ 57,200.00 $ 88.66 308 Dousman St DDL Holdings, LLC 5-584-3 $ 476,100.00 $ 737.96 300 Dousman St Luga Properties, LLC 5-590 $ 355,500.00 $ 551.03 313 N Broadway Fort Howard New Town Redevelopment, LLC 5-591 $ 13,500.00 $ 20.93 Dousman St Brittany J. Paulsen 5-592 $ 302,900.00 $ 469.50 400 Dousman St Cathy T. Lesandrini 5-593 $ 130,500.00 $ 202.28 402 Dousman St Sams Investments, LLC 5-597 $ 409,100.00 $ 634.11 414 Dousman St GNC Development, LLC 5-599 $ - $ - 314 N Chestnut Ave Green Bay Redevelopment Authority 5-600 $ 25,500.00 $ 39.53 N Chestnut Ave Fort Howard New Town Redevelopment, LLC 5-602 $ 49,800.00 $ 77.19 324 N Chestnut Ave Ddl Holdings, LLC 5-54 $ 275,800.00 $ 427.49 200 Mather St Arthur W. Zingler III 5-588 $ 244,400.00 $ 378.82 319 N Broadway Caesars Palace of Green Bay, LLC 5-589 $ 46,000.00 $ 71.30 317 N Broadway Fort Howard New Town Redevelopment, LLC 5-594 $ 478,500.00 $ 741.68 408 Dousman St Brittany J. Paulsen 5-595 $ 136,800.00 $ 212.04 309 N Broadway Dhuey Property, LLC 5-596 $ 163,100.00 $ 252.81 412 Dousman St Widmer Properties, LLC 5-607 $ 310,500.00 $ 481.28 301 N Maple Ave Express Property, LLC 5-877 $ 177,400.00 $ 274.97 335 N Broadway Cst, LLC 5-879 $ 87,800.00 $ 136.09 341 N Broadway Benzplekan Real Estate, LLC 5-882 $ 1,502,900.00 $ 2,329.50 401 N Broadway Hoffman House 34, LLC 5-874 $ 43,300.00 $ 67.12 329 N Broadway Cst, LLC 5-875 $ 189,900.00 $ 294.35 331 N Broadway Cst, LLC 5-876 $ 167,000.00 $ 258.85 333 N Broadway Cst, LLC 5-878 $ 26,300.00 $ 40.77 N Broadway Cst, LLC 5-885 $ 387,900.00 $ 601.25 419 N Broadway 419, LLC 5-890 $ 225,000.00 $ 348.75 431 N Broadway Martin R. Leonhard 5-1761 $ 890,700.00 $ 1,380.59 340 N Broadway Unit 200 Ddl Holdings, LLC 5-1763 $ 1,047,900.00 $ 1,624.25 340 N Broadway Unit 400 Ddl Holdings, LLC 5-1764 $ 249,700.00 $ 387.04 313 Donald Driver Way Unit 6 Ddl Holdings, LLC 5-1759 $ 3,591,000.00 $ 5,566.05 320 N Broadway Ddl Holdings, LLC 5-1760 $ 916,600.00 $ 1,420.73 340 N Broadway Unit 110 Ddl Holdings, LLC 5-1762 $ 890,000.00 $ 1,379.50 340 N Broadway Unit 355 Ddl Holdings, LLC 5-1770 $ 7,844,300.00 $ 12,158.67 200 Bond St Broadway Lofts,,,, LP 5-1782 $ 288,600.00 $ 447.33 400 Donald Driver Way Unit 4 Rail Yard Innovation District Townhomes, LLC 5-1783 $ 253,800.00 $ 393.39 400 Donald Driver Way Unit 5 Rail Yard Innovation District Townhomes, LLC 5-1768 $ 160,200.00 $ 248.31 430 Donald Driver Way Ddl Holdings, LLC 5-1757-1 $ 4,220,300.00 $ 6,541.47 520 N Broadway Ddl Holdings, LLC 5-1765 $ 183,400.00 $ 284.27 333 Donald Driver Way DDL Holdings, LLC 5-1766 $ 1,163,600.00 $ 1,803.58 200 Dousman St Base Companies, LLC 5-1771 $ 497,900.00 $ 771.75 519 Donald Driver Way Ddl Holdings, LLC 5-1772 $ 25,046,300.00 $ 38,821.77 419 Donald Driver Way The Fort,,,, LP 5-1773 $ 62,200.00 $ 96.41 435 Donald Driver Way Ddl Holdings, LLC 5-1774 $ 12,600.00 $ 19.53 500 Donald Driver Way Ddl Holdings, LLC 5-1779 $ 205,900.00 $ 319.15 400 Donald Driver Way Unit 1 Rail Yard Innovation District Townhomes, LLC 5-1780 $ 190,500.00 $ 295.28 400 Donald Driver Way Unit 2 Rail Yard Innovation District Townhomes, LLC 5-1781 $ 262,800.00 $ 407.34 400 Donald Driver Way Unit 3 Rail Yard Innovation District Townhomes, LLC 5-1784 $ 428,800.00 $ 664.64 400 Donald Driver Way Unit 6 Brighid Riordan 5-1785 $ 685,400.00 $ 1,062.37 400 Donald Driver Way Unit 7 Riordan-Vangemert Trust of 2023 5-1786 $ 166,600.00 $ 258.23 400 Donald Driver Way Unit 8 Rail Yard Innovation District Townhomes, LLC 5-1769 $ 75,600.00 $ 117.18 520 Donald Driver Way Ddl Holdings, LLC Total $ 101,562,800.00 $ 157,422.34 APPENDIX D – City Attorney Opinion Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 Rebecca Finco, Staff AGENDA ITEM # E.6 Consideration with possible action on the request by Military Avenue Inc. (MAI) Business Improvement District (BID) to approve their 2026 Operating Plan. BACKGROUND Each year, the City of Green Bay's Business Improvement Districts are required to submit their annual operating plans to the Green Bay Plan Commission for review and approval. The attached Military Avenue Business Improvement District 2026 Operating Plan has been approved by the Military Avenue BID Board of Directors and has been reviewed by the City Attorney. RECOMMENDATION Approve the Military Avenue Business Improvement District 2026 Operating Plan as submitted. FISCAL IMPACT ATTACHMENTS 1. Military Ave BID 2026 Operating Plan 9.25.25 2. 2026 Military Ave BID Attorney Opinion Letter 10.6.25 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 AGENDA ITEM # F.1 Director's report. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov Report to the Green Bay Plan Commission MEETING DATE PREPARED BY October 13, 2025 AGENDA ITEM # F.1.a Development Tracking BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. Development Tracking 20251009 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov City of Green Bay Development Tracker (Large Scale) - October 2025 Project Name Developer Project Location Project Description Status Update Housing Units Est. Prop Value Multi-family Total # Under 80% US Bank Living Market multi-family Construction 66 0 1 425 Pine Street Redevelopment Downtown LLC rental, commercial underway $9,600,000.00 Total # Under 80% 1116 Hobart Construction 30 0 2 Moski Corp 1116 Hobart Drive Market multifamily Drive underway $3,000,000.00 Total # Under 80% Merge @ Market multi-family 2025 construction 225 0 3 Merge LLC 239 Arndt Street Shipyard rental, retail start anticipated $21,000,000.00 Total # Under 80% Mixed Income rental Design and due 175 tbd Three Sixty 4 200 N. Monroe 200 N. Monroe 148 rental units, 27 diligence LLC townhomes underway tbd Total # Under 80% Construction 95 0 5 Gorman @ JBS Gorman & Co. 0 Lime Kiln Rd Workforce multi-family underway $11,000,000.00 Multi-family rental, Sept. DA Total # Under 80% Former Badger General 420 S. Broadway/419 S. retail, Fire approval. 85 85 6 Sheet Metal Capital Maple Station/Admin, Construction greenway Summer 2027 $19,000,000.00 Total # Under 80% New Land 221 New Land Market rate multi-family Construction 268 0 7 221 Cherry Cherry Enterprises rental, retail underway $38,000,000.00 Total # Under 80% DA amendment Market rate apts with 71 0 8 222 Cherry St LLC Peter Nugent 216-222 Cherry St terms under retail 1st floor negotiation $10,500,000.00 DA approved in Total # Under 80% Spark Market rate multi-family April. 2025 125 0 9 One Astor 100 E. Mason Development rental construction start anticipated $15,500,000.00 Single-family Total # Under 80% DA approved. Southwest Single family housing 29 0 10 Garritt Bader Hinkle S. of Mason Construction Woods with new roads planned this year. $8,000,000.00 DA approved in Total # Under 80% Broadway Single family housing May. 2025 11 The Pines 0 Deuchert Street Realty with new roads construction start anticipated. $10,000,000.00 DA approved in Broadway Single family housing May. 2025 41 0 11 The Pines 0 Deuchert Street Realty with new roads construction start anticipated. $10,000,000.00 Commercial Total # Under 80% Mixed use law office, Investment 227 E Walnut, 101 Construction 1 0 12 S&S Buildings retail, market rate Creations & 109 N Adams underway apartment $1,500,000.00 Total # Under 80% Fire station rehab DA approved in 13 Fire Station One MOWGS LLC 501 S. Washington conversion to May. Rehab work 0 0 commercial uses underway. $1,000,000.00 Total # Under 80% Port of Green County approved C. Reiss 420 S. Broadway/419 S. Port development / C. 0 0 14 Bay / Brown agreement in Relocation Maple Reiss relocation County June 2025. TBD Industrial Total # Under 80% Hoban Real Construction 0 0 15 WE Hoban Co. Finger Rd at Northview Rd Industrial Estate underway $10,500,000.00 Total # Under 80% Planning 180-day Grandview - 0 0 16 Keller client Erie Rd south of Mason Industrial Option approved Keller 9 Acres in October tbd Park/Public Event lawn, dog park, Total # Under 80% Construction Shipyard Phase urban beach, splash 0 0 17 City/RDA 100 W. Mason planned to start 2 pad, playground, in 2026. restrooms $0.00 Units Under 80% Value COLOR KEY TOTALS 1,211 94 $158,600,000.00 Multi-family Single-family Commercial Industrial Park/Public
Green Bay Plan Commission — Green Bay, WI