(1) Statement of Intent:

The intent of this district is to provide a planned attractive and aesthetically pleasing mixed grouping of offices and retail activities in a park-like setting. This district is further intended to promote the provision of ample off-street parking and loading areas, on-site open space, landscape plantings, and planting screens in areas adjacent to non-business or other compatible land uses/zoning districts.


(2) Principal Uses: The following and similar uses shall be permitted subject to the review process as set forth by the Town of Menasha (see CUP Requirements).


(a) General clerical and professional offices.

(b) Research and testing laboratories, schools, and training centers.

(c) Wholesalers and distributors.

(d) Painting, printing, and publishing establishments.

(e) Commercial bakeries, or trade and contractor's offices.

(f) Research and development.

(g) Publication.

(h) Professional offices and services including, but not limited to: accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(i) Business offices and services including, but not limited to: advertising agencies, management consultants, manufacturing representatives, public relations, stenographic, travel agencies, and duplicating services.

(j) Financial, insurance, real estate offices and services, including, but not limited to: financial institutions, security brokers, holding and investment firms, insurance agencies, insurance carriers or governmental and public services.

(k) General retail.         

(l) Health clubs, barber shops, beauty salons, florists (not including greenhouses) and studios for photography, painting, music, dance and other recognized fine arts where such uses are situated in the building of an approved principal use.

(m) Commercial child day care facilities.

(n) Restaurants.

            (o) Public and quasi-public cultural recreational facilities, e.g.:

                        (1) Golf courses.

                        (2) Campground.

                        (3) Driving ranges.

                        (4) Race tracks.

                        (5) Exposition & fairgrounds.

                        (6) Riding academies & stables.

                        (7) Sport fields.

                        (8) Zoological and botanical gardens.

                        (9) Archery and firearm ranges (outdoor).


The following uses and similar stores and shops offering retail goods and services, provided there is no outside storage:


(p) Antique shops.

(q) Appliance stores.

(r) Bicycle sales, rental & repair.

(s) Card & picture framing shops.

(t) Carpet stores.

(u) Catalog stores.

(v) Caterers.

(w) Churches.

(x) Dry goods stores.

(y) Electrical supply.

(z) Financial institutions.

(aa) Florist & gift shops.

(bb) Furniture stores & upholstery shops.

(cc) Garden supplies (indoor sales).

(dd) Hardware/sporting goods stores.

(ee) Heating supplies.

(ff) Hotels.

(gg) Junior department stores except discount department stores and discount centers.

(hh) Laundry/dry cleaning establishments employing not over seven (7) persons.

(ii) Leather goods & luggage stores.

(jj) Liquor stores.

            (kk) Medical appliances.

            (ll) Music stores.

            (mm) Night clubs.

            (nn) Office supplies.

            (oo) Personal service establishments.

            (pp) Pet shops without outdoor pens.

            (qq) Photographic supplies.

            (rr) Places of entertainment.

            (ss) Plumbing & heating supplies.

            (tt) Radio & TV repair service shops.

            (uu) Supermarkets.

            (vv) Taxidermists.

            (ww) Trade & variety stores.

            (xx) Travel bureaus.     


The following uses and similar stores and shops offering convenience goods and personal services and shops offering convenience goods and personal services providing that they shall be retail establishments, selling and storing only new merchandise provided there is no outside storage:


(yy) Low-traffic generating retail stores and shops offering convienence goods and services, e.g. mini-markets, bakeries, and beauty shops.

            (zz) Business and professional offices.

            (aaa) Specialties, e.g. dance schools and art studios.

            (bbb) Customer service establishments, e.g. restaurants and tailor shops.

(ccc) Residential apartments may be permitted as a conditional use provided that the quarters are an integral part of the design of the commercial activities not exceeding sixty (60) percent of the floor area of the structure.

(ddd) Public passenger transportation terminals, such as heliports, bus and rail depots--except airports, airstrips and landing fields--provided all principal structures and uses are not less than one (100) feet from any residential district boundary.

(eee) Vehicle service, washing, repair stations; garages; taxi stands; public parking lots; and self-service and full-service gas stations.

(a) Group 3 Standards:

(1) Gas Pump Yards All Minimum 30 feet.

(2) Canopy Yards Street Minimum 18 feet.

(fff) Planned business district with minimum of four (4) acres in one ownership and with a minimum frontage of 200 feet subject to the Approval procedures for Permit provided under the R-5 "Planned Residential District."

(ggg) Adult Entertainment Overlay District in a B-3 Highway Business (HB) district.

(hhh) Utilities--and associated structures--provided all principal structures and uses are not less than fifty (50) feet from any residential district lot line.

(iii) Governmental and cultural uses. Except town halls, town offices and town fire stations shall be considered principal uses.

(jjj) One-time disposal, except in "Flood Plain/Shoreland District," subject to receiving DNR permit.


(3) Application:

Upon written request by the Town Board of Supervisors, all plan review, approval, and enforcement within the B-5 district shall be done by the Town. When such review, approval and enforcement authority has been transferred to a Town; such authority shall remain with the Town for a period of not less than 12 months, after which time the Town may request the County take over this responsibility. When such authority is transferred back to the County, it shall remain so for a period for not less than 12 months. When a Town has assumed the review, approval, and enforcement authority, the plan review fee, if any, shall be set forth by the Town. Application shall be made in duplicate to the governing body on forms furnished by the governing body and shall include the following:


(a) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.


(b) Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.


(c) Additional information may be required, such as ground surface elevations, basement and first floor elevations, utility elevations, roads, contours, historic and probable future flood water elevations, areas subject to inundation by floodwaters, depths or foundation, flood proofing measures, soil types, slope, boundaries, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effects on flood flows.


(4) Accessory Uses:

The following accessory uses shall be permitted:


(a) One residential living quarter when located within the building of an approved principal use and provided occupancy thereof is restricted to an owner, manager, caretaker or employee of the principal business. Such living quarter shall not exceed 1000 square feet in floor space, or 1% of the total building floor space, whichever is less.


(b) Outside storage yards accessory to an approved principal use, provided such storage is adequately screened from the surrounding view.


(c) Fences. Security fences are permitted on the side and rear property lines but n o closer to the street yard property line than the principal structure. Security fences shall not exceed 8 feet in height and shall not exceed 50% opacity. Decorative and private fences shall not be more than six (6) feet in height and shall be permitted on the side and rear lot lines but no closer to the street yard property line than the principal structure. Decorative fences four (4) feet in height or less shall be permitted with a ten (10) foot street yard setback.


(d) Outdoor Lighting. Outdoor lighting installation shall be regulated as follows:


(1) No light fixture shall exceed twenty-five (25) feet in height.


(2) All outdoor lighting fixtures shall be of a cut-off design (i.e. shall not emit light at an angle greater than 90 degrees from vertical).


(3) All outdoor lighting fixtures shall be adequately shielded or directed so as to confine the area of light dispersion to the property and/or building area on which such fixture is located.


(4) Use of wooden poles for outdoor lighting shall be prohibited.


(5) The following types of lighting shall be prohibited except as otherwise approved by the Town Board:


(a) Festoon lighting, "string" lighting of any light source erected in such a manner as to be subject to noticeable periodic movement as a result of wind pressure or atmospheric conditions.


(b) Any artificial light source that creates glare within the normal range of vision from any public walk or thoroughfare under normal weather conditions.


(c) Display of intermittent lights or flashing, blinking, moving, beacon or search lights except as follows:


(1) Where such lights are required by State or Federal law.


(2) Where such lighting is of a temporary nature including but not limited to holiday displays and grand opening events.


(d) Exceptions to the aforesaid language may be granted by the Town Board for decorative lighting fixtures.


(e) Signs. Signs shall be permitted in accordance with the more restrictive regulations (Town or planned commercial business district development).


(f) Parking. Parking requirements shall be in accordance with the parking section, except as follows:


(1) No driveway or parking area shall be located closer than ten (10) feet to a side or rear lot line or twenty-five (25) feet to a street yard lot line. That portion of driveway required for roadway access shall not be subject to the aforesaid street yard setback requirement.


(2) All parking and driveway areas shall be hard surfaced (i.e. blacktop, concrete, etc...) within twelve months of receiving approval to occupy the principal structure.


(g) Garages and Storage Buildings. Detached garages and storage buildings for storage of vehicles, supplies, equipment used in conjunction with the operation of the premises or for use by the resident occupant of the premises subject to the following conditions:


(1) No detached garage or storage building shall exceed 20 feet in height.


(2) No detached garage or storage building shall be situated closer than 10 feet to a side or rear lot line nor shall a detached garage or storage building be situated closer to the street yard lot line than the principal structure.


(h) Radio and Television Antennas. Radio and television antennas not attached to the principal structure may be permitted to the sides and rear of the principal structure provided they are setback from the side and rear property lines a distance equal to or greater than the height of the antenna. No radio or television antenna shall be situated closer to the street yard lot line than the principal structure.


(i) Satellite Dishes. All satellite dishes 36" in diameter or smaller shall be considered radio and television antennas and shall meet the conditions as stated in (h) Radio and Television Antennas above. All satellite dishes larger than 36" in diameter shall be subject to the following conditions:


(1) Not more than one satellite earth station may be allowed per lot.


(2) Satellite earth stations shall be allowed in rear and side yards, however, satellite stations may not be any closer to the streetline than the established setback of the principal building or structure.


(3) Side and rear yard setbacks shall be equal to or greater than the required side and rear yard setbacks for the principal structure, but not less than the total vertical height of the satellite earth station.


(4) Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be permitted subject to engineering calculations being prepared by a registered professional engineer certifying that the proposed satellite earth station is structurally sound. A building mounted satellite earth station where visible from the front lot line will be permitted only when reception would not be possible from a less conspicuous location as verified by appropriate test data.


(5) The owner who proposes a building-mounted satellite earth station must also submit a plan for screening the satellite earth station from surrounding properties in a manner that is appropriate to the architecture of the building. Building mounted satellite earth stations shall not exceed the maximum height regulation of the zoning district in which they are located.


(6) Ground mounted satellite earth stations located where visible to adjacent streets or roadways or neighboring properties shall be of a dark color and effectively screened by the use of appropriate landscaping or a structure (i.e. 100% opaque screening).


(7) All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All installations shall meet a minimum wind load design velocity of 8 m.p.h.


(8) No form of advertising or identification is allowed on the dish or framework other than the customary manufacturer's identification plates.


(9) Portable or trailer mounted satellite earth stations are not allowed. Exception: Temporary installations for on-site testing and demonstration purposes may be allowed for periods not to exceed 48 hours with prior approval from the Town Building Inspector or his/her designee.


(10) Electrical installations in connection with earth satellite receiving stations including grounding of the systems shall be in accordance with National Electrical Code Standards.


(11) All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground.


(12) Satellite earth stations that cause any interference with radio and/or television broadcasting or reception on nearby properties shall be governed in accordance with Federal Communications Commission Standards.


(13) No satellite earth station shall be erected without first obtaining a building and zoning permit.


(5) Landscaping:

A landscape plan shall be required. Landscaping requirements may be adopted by a Town which exceeds but is not less than County requirements.


(1) A landscape plan shall be submitted.


(2) All landscape plans, shall meet the requirements as specified by designated supervising authority.


(3) Verification of completed landscaping shall be filed with the Town.


(4) A two (2) year guarantee will be required on landscape plantings by the landscaper to ensure replacement if necessary.


(6) Review and Approval:

In reviewing the proposed conditional uses, the governing body shall be guided by the following standards and requirements:


(a) All uses must be in accordance with the purpose and intent of this ordinance and shall not be hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the County and its communities.


(b) A review of the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effect of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat.


(c) Conditions, such as landscaping; architectural design; type of construction; construction commencement and completion dates; sureties; lighting; fencing; location, size, and number of signs; water supply and waste disposal systems; higher performance standards; street dedications; certified survey maps; flood proofing; ground cover; diversions; silting basins; terraces; stress bank protection; planting screens; operational control; hours of operation; improved traffic circulation; deed restrictions; highway access restrictions; increased yards; or additional parking may be required by the governing body upon its finding that these are necessary to fulfill the purpose and intent of this ordinance and the State Water Resources Act of 1965, and to meet the provisions of the State's Flood Plain and Shoreland Management Programs.


(d) Compliance with surface water drainage standards and all other provisions of these regulations, such as lot width and area, yards, height, parking, loading, traffic, highway access, performance standards, shall be required of all conditional uses. Variances shall only be granted as provided for these specific uses in special districts.


(7) Expiration Plans:

Plans approved, shall expire within twelve (12) months unless substantial work has commenced pursuant to such grant.


(8) Approval of Buildings, Site and Operational Plans:

All plans including site plans, landscape plans, drainage plans, and all other plans as deemed necessary shall be approved by the governing body.


(9) General Provisions:


(a) No use which is offensive by reason of odor, smoke, fumes, dust, noise, vibrations, radioactive emissions, pollution, or which presents excessive danger for fire or explosion shall be permitted.


(b) Site access shall be oriented toward internal circulation drives with limited access points to existing roads.


(c) All business park developments shall be serviced by underground utilities and infrastructure.


(d) No transformer, electric, gas or other meter of any type shall be visible from the surrounding roadways or neighboring properties.


(e) Curb, gutter and storm sewer shall be required in all business park developments.


(f) All business, servicing, processing, or storage except for off-street loading and parking areas, shall be conducted within completely enclosed buildings unless otherwise permitted herein or specifically approved by the Planning and Zoning Committee and Town Board of Supervisors.


(g) To alleviate any potential off-site impacts due to increased storm water run-off attributable to the planned commercial business district development, one or more storm water retention/detention areas may be required. If such retention/detention areas are required, it shall be the responsibility of the property owner or, if applicable, the Property Owners Association, to provide maintenance and upkeep thereof.


(10) Basic District Standards:


            (a) Lot Size. All lots shall have a minimum area of not less than fifteen thousand (15,000) square feet.


(b) Lot Width. All lots shall have a minimum width, as measured at the streetyard setback line, of not less than one hundred (100) feet.


(c) Lot Coverage/Open Space. Not more than 70 percent of the lot shall be covered by an impervious surface (i.e. buildings, structures, pavement, etc.). The open space configuration shall be an important element in the site plan review process.


(d) Building Size/Floor Area Ratio. The building(s) floor area ratio shall not exceed 40 percent. The floor area ratio shall be calculated as the gross floor area of all buildings on a site divided by the gross site area.


(e) Building Height.


(1) Principal structures. Principal structures shall not exceed 40 feet in height.


(f) Yards.


(1) Street. All structures shall be setback a minimum of 30 feet from any public, private, or officially mapped street/right-of-way if there is not parking or drive situated between the building and the street or a minimum of 60 feet if there is to be parking or drives situated between the building and the street except as otherwise specified in this section.


(2) Rear. All structures shall be setback a minimum of 25 feet from the rear property line except as otherwise specified in this section.


(3) Side. All structures shall be setback a minimum of 20 feet from the side property line except as otherwise specified in this section.


(4) Shore. All structures shall be setback a minimum of 75 feet.


*The above yards shall apply except where any portion of the development is adjacent to a residentially zoned property, in which case the Planning and Zoning Committee and Town Board of Supervisors may require an increased setback of up to 50 feet if deemed necessary to prevent an adverse impact on the residential site.


(g) Loading Docks. Loading docks shall generally not face a dedicated or reserved public street. Sufficient onsite space shall be provided for each principal use as will enable the maneuvering of trucks to and from the loading docks without using public streets.


(h) Roof-Mounted Equipment. All roof-mounted equipment shall be located, screened and/or painted using colors and architectural materials compatible with the principal building in order to minimize its visibility from streets and neighboring properties.


(i) Outside Storage.


(1) All required setback yard areas shall be landscaped and kept clean and free from the accumulation of debris and/or refuse, and shall not be used for the storage or display of any equipment, materials, products, vehicles or supplies.


(2) All development sites shall provide a refuse storage area adequate in size to serve the business uses situated thereon. Refuse storage receptacles shall be entirely screened from the view of surrounding properties and streets and the screening shall be of a height not less than the height of the refuse receptacle.


(3) Refuse storage areas shall be permitted only to the rear of the principal structure. In no case shall a refuse storage area be situated closer than 20 feet to a side or rear property line.


(j) Landscaping. Within one year of receiving approval for building occupancy, all yard areas shall be graded, landscaped and planted with trees, shrubs, ground cover and appropriate natural landscaping materials. Landscaping shall relate to the paved and building areas of the site relative to massing, size, shape and color. At the time of planting, vegetation shall be of sufficient size as to noticeably enhance the site (i.e. whips are inappropriate as primary landscaping elements). Plant material shall be of hardy quality, preferably native to Wisconsin.


(k) Architectural Control.


(1) All exterior building walls shall be of the same color scheme and shall utilize the same architectural materials.


(2)        (a) The exterior building walls may be of metal except the lower one-third or lower seven feet (whichever is less) shall be of masonry, stone, glass or architectural precast concrete panels.


(b) The exterior walls of the entire building may be all metal only where screening covers the lower 1/3 or 7’ (whichever is greater) of the building so as to screen the view of the building from view of all adjacent properties and public right-of-way. Screening shall consist of either a berm or a solid fence of sufficient height to meet 1/3 or 7’ requirements.


(3) Plain concrete blocks are prohibited on any exterior surface of a building.


(l) Sanitation. In the interest of maintaining compact development patterns which in turn promotes efficiency in the delivery of public services such as police and fire safety, transportation, etc. B-5 (Planned Commercial Business District) developments shall be required to utilize municipal sewage disposal systems. Private on-site sewage systems such as septic, mound and holding tanks are expressly prohibited in the B-5 district.


(11) Basis for Approval:

(a) To implement the intent of the B-5 district as set forth in (1), site development plan review shall take into consideration, existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading areas, highway access, traffic generation and circulation, drainage, sewerage and water systems, and proposed operation. The Planning and Zoning Committee or Town Board of Supervisors will approve said site plans only after determining that:


(1) The proposed use(s) to the uses permitted in that zoning district.


(2) The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this section.


(3) The proposed use conforms to all use and design provisions and requirements (if any) as found in this section for the specified uses.


(4) There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.


(5) The proposed on-site buildings, structures, and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, stormwater drainage, erosion control, grading, lighting, and parking, as specified by this section and any other codes or laws.


(6) Natural features of the landscape are retained where they can enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes of where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood.


(7) Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, or landscaping, as provided or required in this section.


(8) Land, buildings, and structures are readily accessible to emergency vehicles and the handicapped.


(9) The site plan is consistent with the intent and purpose of this section, which is to promote the public health, safety and general welfare, to encourage the use of lands, in accordance with their character and adaptability, to avoid overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, and to facilitate existing community development plans.