C-2 Neighborhood Commercial District., SubChapter I. Zoning Code, Chapter 12. Zoning and City Planning, Municipal Code, Code of Ordinances, West Allis

(1)

Permitted Uses.

(a)

Single and two (2) family residences on lots platted or recorded prior to the adoption of this ordinance and meeting the minimum requirements of the RB-2 Residence District.

(b)

Assembly and repair of products accessory to permitted office uses. Assembly and repair area limited to five thousand (5,000) square feet of floor area.

(c)

Barber/beauty shops.

(d)

Bicycle sales, rental and repair shops.

(e)

Book and stationery stores.

(f)

Clothing stores.

(g)

Custom dressmaking shops.

(h)

Drug stores.

(i)

Dry cleaning and laundry receiving stations, processing to be done elsewhere.

(j)

Electronic equipment sales and service.

(k)

Fabric stores.

(l)

Financial institutions except check cashing businesses as defined in Section 9.32.

[Ord. 6380, 4/21/1999; Ord. O-2006-0061, 10/17/2006]

(m)

Florist shops.

(n)

Grocery stores.

[Ord. O-2015-0002, 1/6/2015]

(o)

Furniture upholstery, refinishing and repair shops.

(p)

Gift shops.

(q)

Gun ranges, indoor.

(r)

Hardware stores.

(s)

Hobby and gift stores.

(t)

Laundromats, automatic self-service only (or hand laundry).

(u)

Printing, commercial.

[Ord. O-2017-0043, 10/3/2017]

Editor’s Note: Former Subsection (1)(u), which set forth liquor stores (packaged liquor) as a permitted use, was repealed 3-21-2017 by Ord. O-2017-0016.

(v)

Offices; business, professional and governmental.

[Ord. O-2015-0001, 1/20/2015]

(w)

Office supply stores.

(x)

Medical clinics.

[Ord. O-2015-0001, 1/20/2015]

(y)

Pet shops.

[Ord. O-2015-0016, 3/3/2015]

(z)

Post Office.

(aa)

Animal grooming.

[Ord. O-2005-0022, 5/17/2005; Ord. O-2015-0016, 3/3/2015]

(bb)

Shoe, clothing and hat repair.

(cc)

Shoe stores.

(dd)

Sporting goods shops.

(ee)

Tailor shops.

(ff)

Resale stores.

[Ord. O-2007-0026, 8/7/2007 (repeal and recreate); Ord. O-2015-0029, 5/7/2015]

(gg)

Videotape sales and rental.

(hh)

Tattoo and/or body piercing establishments.

[Ord. O-2016-0020, 5/3/2016]

Editor’s Note: Former Subsection (1)(hh), Catering establishments, added 2/4/1997 by Ord. 6288, was repealed 1/6/2015 by Ord. O-2015-0002.

(ii)

Music stores, including instrument sales and service.

[Ord. 6301, 4/1/1997]

(jj)

Instruction and/or training facility, small.

[Ord. O-2017-0007, 2/23/2017]

Editor's Note: Former Subsection (1)(jj), which set forth tattoo and/or body piercing establishments as permitted uses, added 1-5-1999 by Ord. 6415, was repealed 8-7-2007 by O-2007-0027.

(kk)

Jewelry stores.

[Ord. 6471, 10/19/1999]

(ll)

Home improvement contractors (electrical, plumbing, tile/flooring, HVAC, carpentry and related activities).

[Ord. 6586, 9/18/2001]

(mm)

Tanning and toning salons.

[Ord. O-2005-0022, 5/17/2005]

(nn)

Employment agencies and offices conditioned upon the following:

[Ord. O-2005-0022, 5/17/2005]

(i)

Transportation for temporary employees shall not be provided by, or on behalf of, the employment agency from the agency or office to the work site.

(ii)

Employees shall not report to the employment agency or office for work assignments. The employees shall report directly to the work site assigned. Applicants for employment shall not be allowed to use public property as a waiting area.

(iii)

Restroom facilities adequate for applicants shall be provided on site.

(oo)

Photography studios and film developing.

[Ord. O-2005-0022, 5/17/2005]

(pp)

Public utility service structures not larger than six (6) feet tall and twenty-five (25) square feet in surface area, conditioned upon the following:

[Ord. O-2008-0006, 2/5/2008; Ord. O-2008-0031, 7/1/2008]

Site, landscaping and screening, and architectural review of the public utility service structure and the immediate area surrounding the structure, by the Department of Development staff. Public utility service structures shall be effectively screened from any abutting lot(s) and City right-of-way by landscaping or other means, as necessary, as approved by the Department of Development staff; and

If the staff and applicant are unable to come to an agreement on the proposed location and screening, the applicant may file a request for a variance with the Plan Commission by submitting a written request to the Department of Development not less than twenty (20) days before the next regularly scheduled Plan Commission meeting. At the time that a request for a variance is made, the applicant shall pay the required fee in accordance with development review fees in Chapter 12 of the Revised Municipal Code.

Public utility service structures shall not be located within any front yard or corner side yard on private property.

(qq)

Art galleries.

[Ord. O-2017-0050, 11/21/2017]

(2)

Special Uses.

[Ord. 6380, 4/21/1998]

(a)

Automobile convenience stores and gas stations.

[Ord. O-2006-0012, 3/21/2006]

(b)

Automobile repairs (including automobile body shops).

[Ord. 6615, [repeal 1241(2)(c)], 6/4/2002]

(d)

Automobile service stations.

(e)

Food production, limited.

[Ord. O-2015-0002, 1/6/2015]

(f)

Massage therapy.

[Ord. O-2017-0044, 10/17/2017]

Editor’s Note: Former Subsection (2)(f), Candy and ice cream stores (confectionery), was repealed 1/6/2015 by Ord. O-2015-0002.

(g)

Day care centers and senior day care centers licensed under the provisions of the Wisconsin Statutes.

(h)

Drive-in or drive-thru facilities for permitted uses.

[Ord. 6380, 4/21/1998]

(i)

Family day care homes as licensed under sec. 48.65 of the Wisconsin Statutes.

(j)

Mixed residential and commercial uses.

(k)

Multi-family dwellings.

(l)

Parking lots and structures for the storage of private passenger automobiles.

(m)

Parks, libraries and other public uses.

(n)

Planned developments, business or commercial.

(o)

Public and private educational institutions including the following:

(i)

Elementary schools.

(ii)

Junior and senior high schools.

(iii)

Vocational and/or trade schools.

(iv)

Colleges and Universities.

(p)

Public utility service structures larger than six (6) feet tall and twenty-five (25) square feet in surface area (excluding antenna towers for radio, TV and television, and telephone transmission), electric substations, water pumping stations and other similar uses.

[Ord. O-2008-0006, 2/5/2008]

(q)

Radio towers and transmission stations.

(r)

Religious institutions including the following:

(i)

Churches, chapels, temples of worship, and synagogues.

(ii)

Seminaries, monasteries and religious retreat centers.

(iii)

Rectories, convents and parish houses.

(s)

Restaurants.

(t)

Seasonal outdoor sales and display of nursery stock and related garden equipment, provided such display is limited to not more than five hundred (500) square feet when such outdoor display is accessory to a principal use. When such outdoor sales and display is an extension of the principal use, there shall be no limitation on such outdoor sales and display.

(u)

Taverns and cocktail lounge.

(v)

Instruction and/or training facility.

[Ord. 6471, 10/19/1999; Ord. O-2017-0007, 2/23/2017]

(w)

Homes for the aged and nursing, rest or convalescent homes which are not intended to serve as treatment centers for contagious diseases or for drug or alcohol abuse.

[Ord. 6500, amend, 2/15/2000]

(x)

Entertainment clubs as defined in Section 9.31 of the Revised Municipal Code.

[Ord. 6531, create, 9/5/2000]

(y)

Collocation/attachment of telecommunication equipment.

[Ord. 6538, 10/17/2000]

(z)

Outdoor dining areas for "food establishments" under Section 7.04(1)(c).

[Ord. 6568, 5/15/2001]

(aa)

Veterinary clinics.

[Ord. 6572, 5/15/2001]

(bb)

Funeral homes.

[Ord. 6578, 7/2/2001]

(cc)

Athletic, health clubs.

[Ord. O-2005-0022, 5/17/2005; Ord. O-2015-0001, 1/20/2015]

(dd)

Alcohol beverage sales (Class A License for original and/or transfer applications).

[Ord. O-2017-0016, 3/21/2017]

Editor’s Note: Former Subsection (2)(dd), which set forth secondhand article stores as special uses, added 5-7-2013 by Ord. O-2013-0033, was repealed 6-16-2015 by Ord. O-2015-0034.

(ee)

(Reserved)

[Ord. O-2007-0026, 8/7/2007, Ord. O-2010-0051, 1/4/2011 (repealed)]

(ff)

(Reserved)

[Ord. O-2007-0026, 8/7/2007, Ord. O-2010-0051, 1/4/2011 (repealed)]

(3)

Required Conditions.

[Ord. 6380, 4/21/1998]

(a)

All business, service, repair or processing, storage or merchandise display shall be conducted wholly within an enclosed building, except for off-street automobile parking and loading.

(b)

No business permitted in this district shall occupy a building containing more than five thousand (5,000) square feet of gross floor area.

[Ord. 6586, 9/18/2001]

(c)

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste.

(d)

A site, landscaping and screening plan in accordance with Section 12.13 of the Revised Municipal Code shall be required when commercial vehicles are associated with a use.

[Ord. 6586, 9/18/2001]

(e)

All business establishments shall contain a minimum of 10% of storefront floor area to on-site retail or consumer service area.

[Ord. O-2006-0012, 3/21/2006; Ord. O-2015-0002, 1/6/2015; Ord. O-2017-0043, 10/3/2017]

(4)

Floor Area Ratio. In the C-2 District, floor area ratio shall not exceed 1.0.

(5)

Yard Requirements.

[Ord. 6597, 11/20/2001]

(a)

Front. No required setback.

(b)

Side and Rear. There shall be a ten-foot setback from any side or rear lot line that abuts a lot located in a residential zoning district or a lot in a commercial zoning district used for a single- or two- family dwelling and such use is not a nonconforming use.

(6)

Off-Street Parking and Loading Requirements. Off-street parking and loading facilities shall be provided in accordance with Section 12.19 of this Subchapter.