The following zoning districts are established:

(1)

R-1 single-family residential district.

(2)

R-2 two-family residential district.

(3)

Multiple-family residential district.

(4)

Local business district.

(5)

Commercial district.

(6)

Light manufacturing district.

(7)

Heavy manufacturing district.

(8)

Medical, professional and administrative district.

(9)

Mobile home park district.

(Code 2001, § 17.02)

The boundaries of the zoning districts are established as shown on the "Official Zoning Map, City of Beaver Dam, Wisconsin." Such map, together with this chapter, shall be available for public inspection in the city engineer's office. Any changes in zoning district boundaries shall be recorded on the map.

(Code 2001, § 17.03)

Editor's note— Amendments to the official zoning map are as follows: Ordinance Nos. 22-73, 3-74, 5-74, 11-74, 24-74, 28-74, 31-74, 11-75, 39-75, 4-76, 12-76, 20-76, 26-76, 33-76, 6-77, 7-77, 26-77, 27-77, 28-77, 39-77, 40-77, 3-78, 18-78, 24-78, 25-78, 36-78, 18-79, 22-79, 11-80, 18-80, 2-81, 18-81, 24-81, 36-81, 4-82, 6-82, 8-82, 9-82, 6-83, 10-83, 11-83, 15-83, 18-83, 25-83, 26-83, 3-84, 5-84, 28-84, 30-84, 31-84, 35-84, 17-85, 18-85, 22-85, 6-86, 7-86, 17-86, 4-87, 8-87, 9-87, 10-87, 15-87, 18-87, 19-87, 24-87, 26-87, 28-87, 31-87, 36-87, 1-88, 2-88, 3-88, 17-88, 20-88, 2-89, 3-89, 8-89, 19-89, 25-89, 29-89, 2-90, 6-90, 28-90, 29-90, 1-91, 1-92, 12-92, 14-92, 15-92, 5-93, 7-93, 8-93, 9-93, 13-93, 14-93, 29-94, 32-94, 40-94, 43-94, 7-95, 13-95, 19-95, 30-95, 17-96, 22-96, 23-96, 24-96, 4-97, 15-97, 2-98, 3-98, 10-98, 16-98, 4-99, 6-99, 10-99, 14-99, 22-99, 25-99, 29-99, 7-2000, 13-2000, 15-2000, 4-2001, 7-2001, 3-2002, 5-2002, 18-2002, 19-2002, 22-2002, 11-2003, 15-2003, 2-2004, 5-2004, 6-2004, 9-2004, 13-2004, 15-2005, 17-2005, 18-2005, 19-2005, 20-2005, 21-2005, 23-2005, 33-2005, 39-2005, 40-2005, 41-2005, 42-2005, 1-2006, 5-2006, 12-2006, 20-2006, 21-2006, 22-2006, 23-2006, 24-2006, 25-2006, 26-2006, 27-2006, 28-2006, 29-2006, 30-2006, 31-2006, 32-2006, 33-2006, 34-2006, 35-2006, 43-2006, 50-2006, 51-2006, 6-2007, 16-2007, 24-2007, 25-2007, 26-2007, 1-2008, 10-2008, 13-2008, 19-2008, 22-2008, 26-2008, 9-2009, 13-2010, 6-2012, 7-2012, 10-2012, 13-2012, 5-2013, 8-2013, 12-2013, 16-2013, 19-2013, 20-2013, 24-2013, 2-2014, 15-2014, 16-2014, 21-2014, 24-2014, 5-2015, 6-2015, 8-2015, 18-2015, 8-2016, 10-2017, 1-2018, 3-2018, 9-2018; Ord. No. 22-2018, § I, 8-20-2018; Ord. No. 20-2019, § I, 11-4-2019; Ord. No. 1-2020, § I, 2-17-2020; Ord. No. 15-2020, § I, 8-17-2020; Ord. No. 4-2021, § I, 4-19-2021; Ord. No. 13-2021, § I, 8-16-2021; Ord. No. 1-2022, § I, 3-21-2022; Ord. No. 3-2022, § I, 6-20-2022; Ord. No. 4-2022, § I, 6-20-2022; Ord. No. 10-2023, § I, 10-2-2023.

(a)

The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the district map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(b)

Where district boundaries are not otherwise indicated and the property has been or may hereafter be divided into blocks and lots, district boundaries shall be construed to be lot lines and where the designations on the district map are approximately bounded by lot lines, such lot lines shall be construed to be the boundary of the district.

(c)

In unsubdivided property, the district boundary lines shown on the district map shall be determined by use of the scale shown on such map.

(Code 2001, § 17.04)

(a)

Permitted uses and structures. In this R-1 single-family residential district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Single-family dwellings. Single-family dwellings includes a manufactured home. The term "manufactured home" means a structure certified and labeled as a manufactured home under 42 USC 5401—5426, which, when placed on site:

a.

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), and Wis. Admin. Code Comm. subchs. III, IV and V of ch. 21, or is set on a comparable enclosed foundation system approved by the building inspector. The building inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

b.

Is installed in accordance with the manufacturer's instructions.

c.

The central core of the structure is at least 22 feet by 22 feet in size.

d.

The roof shall have no less than a three to 12 pitch.

e.

Is properly connected to utilities.

(2)

Churches, public schools, parochial schools, colleges, universities, dormitories, public libraries, public museums and art galleries in existence prior to January 1, 1963, and all future extensions, expansions and enlargements thereof and new buildings attendant thereto or subsequent new buildings on land or site acquisition by the organizations, institutions or corporations of this subsection (a)(2) subsequent to such date.

(3)

Municipal buildings, including the water treatment plant, wells, storage facilities, and transmission facilities for water and wastewater, but excluding the wastewater treatment plants, public warehouses, public garages, public shops and storage yards and penal or correctional institutions or asylums. Sideyards and setbacks and height to be set by the council after recommendation of the plan commission on a case-by-case basis.

(4)

Public recreational and community center buildings and grounds. Rental of such facilities is permissible to produce income to help support such facilities.

(5)

Churches, public schools, parochial schools, colleges, universities and dormitories, public libraries, public museums and art galleries having their inception, origination or incorporation after January 1, 1963, shall be permitted uses conditioned upon recommendation by the plan commission and approval by the council.

(6)

Telephone buildings, exchanges and lines, static transformer stations and electric power transformer substations, provided that there is no service garage or storage yard. This subsection, however, shall not include microwave radio relay structures unless and until the location thereof shall first have been recommended by the plan commission and approved by the council.

(7)

Accessory buildings, including one private detached garage, shall be located not less than six feet from a dwelling nor less than 50 feet from the front lot line and six feet from the side lot line and shall not be attached to the main home by a breezeway. In all other instances, the minimum setback shall be 70 feet from the front lot line and two feet from the side and rear lot lines.

(8)

Boardinghouses with no more than two boarders or lodgers not members of the family, foster children excluded.

(9)

Railroad rights-of-way and passenger depots, not including switching, storage, freight yards or sidings.

(10)

Uses customarily incident to any of the uses in subsections (a)(1)—(9) of this section when located on the same lot and not involving the conduct of a business, including home occupations not involving the conduct of a business on the premises.

(11)

The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in a residential district, the professional office shall be incidental to the residential occupation, not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office and only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises shall be exhibited.

(12)

Professional or announcement signs not over one square foot in area, except public or religious institutions may have, for their own use, an announcement sign or bulletin board not over two square feet in area; signs not over three square feet in area pertaining to the lease, hire or sale of a building or premises, provided that no advertising sign of any other character shall be permitted in the single-family residential district; and further provided all permitted signs shall be located within the lot lines and at least ten feet from the inside sidewalk line, but at no time in violation of section 54-6(a) or 70-214 of this Code.

(13)

Congregate housing for the elderly is subject to approval of the plan commission in each individual case, and such approval may be conditional as the best interests of the city requires.

(b)

Height. Buildings in the R-1 district erected or structurally altered shall not exceed neither 33 feet nor 2½ stories in height.

(c)

Side yards. There shall be a side yard on each side of a building in the R-1 district.

(1)

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 16 feet, and no single side yard shall be less than eight feet in width.

(2)

For buildings from 1½ to 2½ stories high, the sum of the widths of the required side yards shall not be less than 20 feet, and no single side yard shall be less than ten feet in width.

(3)

On a single lot having a width of less than 66 feet and of record on January 1, 1963, the sum of the widths of the side yards shall be not less than the equivalent of 3.7 inches per foot of lot width; provided, however, that the buildable width of any such lot in no case shall be reduced to less than 27 feet, nor shall the width of any single side yard be less than 50 percent of the total required side yard width.

(d)

Setback. Unless otherwise provided, there shall be a setback line of not less than 30 feet in the R-1 district, provided that:

(1)

Where 25 percent or more of the frontage is occupied with buildings having an average setback line of more or less than 30 feet, the setback line on any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

(2)

On corner lots less than 70 feet wide, the setback on the side street shall be not less than 80 percent of the setback required on the lot in the rear, and in no case less than 20 feet, and no accessory building shall project beyond the setback line of the lots in the rear; provided further that in no case shall the buildable width of such corner lot be reduced to less than 27 feet.

(e)

Rear yard. There shall be rear yard having a minimum depth of 25 feet in the R-1 district.

(f)

Lot area per family. Every building erected or structurally altered in the R-1 district shall provide a lot area of not less than 8,000 square feet per family.

(g)

Floor area per family. Every building erected or structurally altered in the R-1 district shall provide a minimum floor area of 900 square feet.

(h)

Fire prevention requirements. Wis. Admin. Code Comm. ch. 10, "Flammable and Combustible Liquids," is hereby adopted and by reference made a part of this section regarding the R-1 district as if fully set forth in this section.

(i)

Land dedication or fee in lieu thereof for park and recreation purposes. Land dedication, or a fee in lieu thereof, for parks and recreation purposes, pursuant to section 58-10(b) or (c) of this Code, where applicable, is required for the R-1 district.

(Code 2001, § 17.13)

(a)

Permitted uses and structures. In this R-2 two-family redential district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

Two-family dwellings.

(3)

Day nurseries upon special permit after hearing and recommendation to the council, by the plan commission with the following criteria to be considered: nature and scope of facility to be granted; character of neighborhood; objections as to suitability by abutting property owners and such other matters as may affect the best interest of the city and its residents.

(4)

Tourist home/bed and breakfast facilities, for up to five persons, as defined in Wis. Stats. § 101.05(2).

(b)

Height. Buildings erected or structurally altered in the R-2 two-family residential district shall exceed neither 35 feet nor 2½ stories in height.

(c)

Side yards. There shall be a side yard on each side of a building in the R-2 district.

(1)

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 16 feet, and no single side yard shall be less than eight feet in width.

(2)

For buildings from 1½ to 2½ stories high, the sum of the widths of the required side yards shall not be less than 20 feet and no single side yard shall be less than ten feet in width.

(3)

On a single lot having a width of less than 66 feet and of record on January 1, 1963, the sum of the widths of the side yards shall be not less than the equivalent of 3.7 inches per foot of lot width, provided that the buildable width of any such lot shall not be reduced to less than 27 feet, nor shall the width of any single side yard be less than 50 percent of the total required side yard width.

(d)

Setback. Unless otherwise provided, there shall be a setback line of not less than 30 feet in the R-2 district, provided that:

(1)

Where 25 percent or more of the frontage is occupied with buildings having an average setback line of more or less than 30 feet, the setback line on any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

(2)

On corner lots less than 70 feet wide, the setback on the side street shall be not less than 80 percent of the setback required on the lots in the rear, and not less than 20 feet, and no accessory building shall extend or project beyond the setback line of the lots in the rear; provided, however, that no buildable width of such corner lot shall be reduced to less than 27 feet.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 30 feet in the R-2 district.

(f)

Lot area per family. Every building erected or structurally altered in the R-2 district shall provide a lot area of not less than 4,000 square feet per family in any two-family dwelling, and no such lot shall be less than 66 feet in width. For buildings designed or intended to be used by one family, the area regulations established for the single-family residential district shall apply.

(g)

Fire prevention requirements. Wis. Admin. Code Comm. ch. 10, "Flammable and Combustible Liquids," is hereby adopted and by reference made a part of this section as if fully set forth in this subsection regarding the R-2 district.

(h)

Side-by-side single-family attached dwellings. Side-by-side single-family attached structures, not to exceed two-family living units with one common wall and lot line, shall be a conditional use in the R-2 district, recommended by the plan commission, and confirmed by resolution of the council.

(1)

Each unit shall maintain a minimum lot of 33 feet in width throughout the required lot area.

(2)

All building, fire prevention, area and yard requirements of the R-2 two-family residential district apply except for one common wall lot line.

(3)

The restrictive covenants adopted by the city shall be recorded or referenced to in the chain of title to such premises.

(4)

A certified survey map shall be approved by the city showing the common wall and lot line.

(5)

No existing premises may be remodeled into a side-by-side two-family structure from the date of adoption of the ordinance from which this section is derived in an attempt to qualify for zero lot line treatment.

(Code 2001, § 17.14)

(a)

Permitted structures and uses. In this multiple-family residential district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the R-2 two-family residential district.

(2)

Multiple-family dwellings. Any developer developing more than a two-unit dwelling in a multiple-family residential district must have plan commission and city council approval.

(3)

Boardinghouses and lodginghouses.

(4)

Public hospitals, except hospitals for contagious diseases, alcoholics, drug addicts or the insane or feebleminded, when such building shall be located not less than 75 feet from any lot in any residence district not used for the same purpose.

(5)

Philanthropic and charitable institutions.

(6)

Homes for the aged.

(7)

Child care centers.

(8)

Funeral homes.

(b)

Height. Buildings erected or structurally altered in the multiple-family residential district after the effective date of the ordinance from which this section is derived shall not exceed 35 feet or two and one-half stories in height.

(c)

Side yards. There shall be a side yard on each side of a building in the multiple-family residential district.

(1)

For buildings used or designed to be used by one or two families, the side yard regulations of the R-1 single-family residential district shall apply; or, in the case of zero lot line, see section 70-85(h).

(2)

For buildings used or designed to be used by more than two families, the side yards shall be as follows:

a.

For buildings not over two stories high, the sum of the widths of the required side yards shall be not less than 35 percent of the width of the lot, and no single side yard shall be less than 40 percent of the total required side yard width, provided that no single side yard shall be less than ten feet in width.

b.

For buildings more than two stories high, the widths of the side yards required shall be increased an additional four feet in each side yard for each story or fractional story above two stories.

(d)

Setback. Unless otherwise provided, there shall be a setback line of not less than 30 feet in the multiple-family residential district, provided that:

(1)

Where 25 percent or more of the frontage is occupied with buildings having an average setback line of more or less than 30 feet, the setback line on any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

(2)

On corner lots less than 70 feet wide, the setback on the side street shall be not less than 80 percent of the setback required on the lot in the rear, and in no case less than 20 feet, and no accessory building shall project beyond the setback line of the lots in the rear; provided, however, that in no case shall the buildable width of such corner lot be reduced to less than 27 feet.

(3)

Front yard setback shall be a minimum depth of five feet for multiple-family buildings located in the Downtown Redevelopment District.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 30 feet for a building two stories or less in height in the multiple-family residential district. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet.

(1)

Rear yard setback shall be a minimum depth of 15 feet for multiple-family buildings located in the Downtown Redevelopment District.

(f)

Lot area per family.

(1)

Every building erected or structurally altered for more than two families in the multiple-family residential district shall have a minimum lot area as follows:

a.

Multiple-family dwelling containing dwelling units having three or more bedrooms: 3,000 square feet.

b.

Multiple-family dwelling containing dwelling units having two bedrooms: 2,500 square feet.

c.

Multiple-family dwelling containing dwelling units having one bedroom or less: 2,000 square feet.

(2)

There shall be a maximum floor area ratio in the multiple-family residential district of 0.60.

(3)

There shall be provided two parking stalls for each family unit in the multiple-family residential district, except the parcel of real estate located at 1020 Lakecrest Lane will require only one stall per dwelling unit to allow construction of housing for the elderly. If there should develop a need for more stalls in the future, the developer will provide the stalls.

(4)

No such lot shall be less than 80 feet in width in the multiple-family residential district and shall not be less than 12,000 square feet in area.

(5)

For buildings designed or intended to be used by one family in the multiple-family residential district, the area regulations established for the single-family residential district shall apply.

(6)

For buildings designed or intended to be used by two families in the multiple-family residential district, the area regulations established for the two-family residential district shall apply.

(7)

One and one-half parking stalls required for each multiple-family unit located in the Downtown Redevelopment District.

(g)

Land dedication or fee in lieu thereof for park and recreation purposes. Land dedication, or a fee in lieu thereof, for parks and recreation purposes, pursuant to section 58-10(b) or (c) of this Code, where applicable, is required in the multiple-family residential district.

(Code 2001, § 17.15; Ord. No. 13-2017, § I, 7-17-2017; Ord. No. 22-2023, § 1(Exh. A), 12-18-2023)

(a)

Permitted uses and structures. In this local business district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the R-1 single-family residential district.

(2)

Any use permitted in the R-2 two-family residential district.

(3)

Any of the following specified uses:

a.

Bakery shop with less than seven employees.

b.

Barbershop or beauty parlor.

c.

Candy store or confectionery store.

d.

Dairy store.

e.

Delicatessen.

f.

Dress shop, clothing store, tailor, notion store, dry goods store, hosiery shop.

g.

Drugstore or pharmacy.

h.

Florist shop.

i.

Gift shop.

j.

Grocery store with not more than five employees.

k.

Ice cream store or soda fountain.

l.

Jewelry store.

m.

Meat market (retail).

n.

Photographer and photographer's supplies.

o.

Shoe store.

p.

Gasoline service stations (plan commission and city council approval required).

q.

Home operated business of waxing and shining of automobiles (council approval required).

r.

Paint and decorating store (plan commission and city council approval required for each request).

s.

Expansion of present tavern business located at 817 Madison Street on city parcel no. 10.11.35 to have a tavern with two apartments, one upstairs and one downstairs, adjacent to the tavern premises with full compliance with all current codes, laws and regulations in a local business district.

t.

An administrative office for an off-premises cleaning service.

(4)

Nothing in this section shall be construed to prevent a flat for residence purposes over a store building. Such flat, however, shall house no more than two families.

(5)

A use permitted in a residential district and established in the local business district shall be subject to all the regulations governing such use in the residential districts.

(6)

Any use permitted in the medical, professional and administrative district.

(b)

Height. Buildings erected or structurally altered in the local business district shall exceed neither 35 feet in height nor more than 2½ stories in height.

(c)

Side yards. There shall be a side yard on each side of a building in the local business district.

(1)

For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 16 feet, and no single yard shall be less than eight feet in width.

(2)

For buildings 1½ to 2½ stories high, the sum of the widths of the required side yards shall not be less than 20 feet, and no single side yard shall be less than ten feet in width.

(3)

On a single lot having a width of less than 66 feet and of record on January 1, 1963, the sum of the widths of the side yards shall be not less than the equivalent of 3.7 inches per foot of lot width for buildings not over 1½ stories high and of 4.5 inches per foot of lot width for buildings from 1½ to 2½ stories high; provided, however, that the buildable width of any such lot in no case shall be reduced to less than 27 feet, nor shall the width of any single side yard be less than 50 percent of the total required side yard width.

(d)

Setback.

(1)

For buildings or parts of buildings erected or structurally altered in the local business district, the setback regulations of the single-family residential district shall apply.

(2)

Pump islands of any gasoline service stations in the local business district shall have a minimum setback of 20 feet.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet in the local business district.

(f)

Lot area. Every building erected or structurally altered in the local business district shall provide a lot area of not less than 8,000 square feet, nor shall any building occupy more than 35 percent of the lot area. No lot shall be less than 66 feet in width.

(Code 2001, § 17.16)

(a)

Permitted uses and structures. In this commercial district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the local business district or multiple-family district, except single-family, two-family or multifamily dwellings which shall have plan commission recommendation and council approval by resolution.

(2)

Any of the following specified uses:

a.

Art shop.

b.

Automotive sales and service establishments, public garage and used car parking lots.

c.

Bakery employing seven or more people.

d.

Bowling alleys.

e.

Business and professional offices.

f.

Dyeing, cleaning and pressing establishments.

g.

Food products (retail).

h.

Grocery store, delicatessen, meat and fish market, fruit and vegetable market.

i.

Memorial sales.

j.

Microwave radio relay structure.

k.

Motels, hotels.

l.

Music, radio, television and appliance stores.

m.

Newspaper and magazine distributors.

n.

Paint and decorating store.

o.

Printing and publishing.

p.

Private clubs, labor temples, fraternities and lodges.

q.

Restaurants and taverns.

r.

Theaters and places of amusement, except drive-in theaters.

s.

Package good stores.

(3)

Any other uses similar in character and manufacture and treatment of products clearly incidental to the conduct of a retail business on the premises.

(4)

Accessory uses as are customary in connection with the uses in subsection (2)a.—s. of this section and are incidental thereto.

(5)

Buildings designed or intended for use by more than two families shall conform to the area, yard and setback regulations established for the multiple-family residential district.

(b)

Height. Buildings erected or structurally altered in the commercial district shall not exceed 45 feet or three stories in height.

(c)

Side yards. For buildings or parts of buildings erected or structurally altered for residential use in the commercial district, the side yard regulations for the R-1 single-family residential district shall apply, otherwise no side yard is required for parcels within the construction limits as defined by section 14-62(3)a of this Code, except on corner lots where individual action shall be taken by the plan commission, subject to council approval. Outside such construction limits, the side yard shall be six feet.

(d)

Setback. Where parts of the frontage are designated residential district and parts designated commercial district in the commercial district, the setback regulations of the residential district shall apply to the commercial district, otherwise the setback shall be 30 feet.

(1)

The side yard from South Lincoln Avenue for parcel no. 8.48.9 is established at 30 feet. The setback from Park Avenue for parcel no. 8.48.9 is established at 30 feet; however, for the limited purpose of placing a canopy over the gas pumps presently located thereon, the setback from Park Avenue may be reduced to eight feet from the edge of the canopy roof line or related appurtenances or support structure.

(2)

The setback from North Center Street for parcel no. 5.2.16 is established at 30 feet; however, for the limited purpose of placing a canopy over the gas pumps presently located thereon, the setback from North Center Street may be reduced to ten feet from the edge of the canopy roof line or related appurtenances or support structure.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 15 feet in the commercial district. Where an alley exists, the required rear yard may be measured from the center of the alley. No accessory building in a rear yard shall be located nearer than four feet to any lot line, nor shall such accessory building occupy more than 25 percent of the area of such required rear yard.

(Code 2001, § 17.17)

(a)

Permitted uses and structures. In this light manufacturing district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the commercial district, except residential dwellings, whether single-family, two-family, multiple-family, hotels, motels, boardinghouses or lodginghouses, which are prohibited. Exceptions are made to allow a single-family dwelling on parcel no. 5.28.50 and a church to be maintained on parcel no. 6.51.1 located at 330 East Burnett Street.

(2)

Any of the following specified uses:

a.

Wholesale business.

b.

Manufacture of products from paper, but not the manufacture of paper or pulp.

c.

Repair, service and assembly of motor-propelled or nonmotor propelled vehicles, including the repair and storage of automotive accessories, except the wrecking of motor-propelled vehicles.

d.

Storage and warehousing of solid fuels and materials, flammable gases or liquids, contractors' yards and lumberyards, except the storage of wrecked and dismantled vehicles, junk and explosives.

e.

Manufacturing and bottling of nonalcoholic beverages.

f.

Processing, packing and manufacture of food, except meat and meat products, fish and fish products, sauerkraut and cabbage byproducts or the vining of peas.

g.

Manufacture of products from wood, except the manufacture of paper, pulp and plastics.

h.

Manufacture of sporting goods, house and office supplies and appliances.

i.

Manufacture of goods from leather, but not tanning of hides or the manufacture of leather.

j.

Knitting mills and the manufacture of products from finished fabrics.

k.

Laundries.

l.

Laboratories.

m.

Manufacture of jewelry and cosmetics.

n.

Manufacture of cigars, cigarettes and smoking tobacco.

o.

Blacksmithing, tinsmithing, sheetmetal working and plumbing shops.

p.

Manufacture of goods from plastics.

q.

Farm equipment sales and service.

r.

Livestock food processing and feed mills.

s.

Wireless communication facilities.

t.

Business park, which use is intended to provide for the orderly and attractive grouping of diverse traditional light industrial and office uses of limited intensity where the appearance of such mixed uses is enhanced by pleasing building architecture and generously landscaped sites located in highly visible locations. The Beaver Dam Business Park and any other such future business park created by the city or participated on a joint venture basis with the private sector shall be subject to regulations. The following criteria will be used by the city when considering the granting of use permits for future occupants of business parks:

1.

Allowed uses would include: Light manufacturing, distribution, assembly, professional offices (greater than 50 percent owner-occupied), and other like uses which were approved by resolution, TIF, project plan or other means when business park was formed.

2.

Variances could be granted by recommendation of the plan commission and resolution of the common council approving the same.

3.

All existing uses prior to the date of this ordinance [February 19, 2007] may be maintained. New uses of rental property or purchases of existing and undeveloped real estate would be subject to use permit to preserve the previously approved intent of the business park.

4.

Change of an existing use or the establishment of a new use without permit by a tenant or owner would be subject to injunctive relief or fine or forfeiture by the city.

(b)

Height. Buildings erected or structurally altered in the light manufacturing district shall exceed neither 60 feet nor five stories in height.

(c)

Side yard. A side yard not less than six feet in width shall be provided in the light manufacturing district.

(d)

Setback. Where parts of the frontage are designated as residential district and light manufacturing district in the light manufacturing district, the setback regulations of the residential district shall apply to the light manufacturing district; otherwise, there shall be a setback of not less than 30 feet.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 30 feet for a building two stories or less in height in the light manufacturing district. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet. No accessory building located in a rear yard shall occupy more than 20 percent of the area of such required rear yard. The rear yard may be used for off-street parking.

(f)

Parking. Every building erected or structurally altered in the light manufacturing district shall provide motor vehicle parking space off the public street in the ratio of 300 square feet of area for each five persons employed on the premises, together with provisions for ingress from and egress to the public street or alley.

(g)

Wireless communications facilities.

(1)

Definitions. The following words, terms and phrases, when used in this subsection (g), shall have the meanings ascribed to them in this subsection (g)(1), except where the context clearly indicates a different meaning:

Alternative tower structure means manmade structures such as clock towers, bell steeples, lightpoles, and similar mounting structures.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic magnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switch telephone network.

Collocation means the provision of multiple antennas or more than one commercial wireless communication service provider or government entity on a single tower or structure.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.

Personal communications service (PCS) means a provider of personal wireless service as defined in section 704 of the Telecommunications Act of 1996, 47 USC 332, and as the same may be amended from time to time.

Personal wireless facilities means transmitters, antenna structures and other types of installations used to provide personal wireless services.

Preexisting towers/antennas means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to February 2, 1998.

Tower means any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term "tower" includes the structure and any support thereto.

(2)

Applicability/additional standards and exceptions.

a.

New towers and antennas. All towers or antennas constructed after passage of the ordinance from which this subsection is derived shall be subject to all applicable standards of this subsection (g).

b.

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this subsection (g) is derived shall not be required to meet the requirements of this ordinance, other than the requirements of section 70-47. Any such towers or antennas shall be referred to hereinafter as "preexisting towers" or "preexisting antennas."

c.

Amateur radio and receive-only antennas. This subsection (g) shall not apply to any tower, or the installation of any antenna, that is under 70 feet in height and is owned by a federally licensed amateur radio station operator or is used exclusively for a receive-only antenna.

(3)

General requirements.

a.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.

b.

State or federal requirements. All towers shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.

c.

Collocation.

1.

Any proposed telecommunication tower and tower site shall be designed in all respects to accommodate collocation of the applicant's antennas and at least two additional users. Towers and tower sites shall be designed to allow for the future rearrangement of antennas upon the tower, to accept antennas mounted at varying heights, and to accommodate supporting buildings and equipment.

2.

The holder of a permit for a tower shall allow collocation for at least two additional users and shall not make access to the tower and tower site for an additional user economically unfeasible. If additional users demonstrate, through an independent arbitrator or other pertinent means, that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the permit shall become null and void.

d.

Antenna height. Antenna height shall not be restricted, provided that such device is installed and maintained in accordance with current standards of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate antennas.

e.

Tower height. Tower height shall be 190 feet maximum.

f.

Separation between towers. Separation distances between towers shall be applicable for a proposed tower and any preexisting towers. The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.

g.

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

3.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

4.

The proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the proposed antenna.

5.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

6.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

7.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline systems, is unsuitable. Costs of alternative technology that exceed new tower or antenna development cost shall not be presumed to render the technology unsuitable.

h.

Aesthetics.

1.

Towers shall maintain either a galvanized steel finish or subject to any applicable standards of the FAA, be painted a light grey, so as to reduce visual obtrusiveness and blend into the natural setting and built environment, or otherwise camouflaged.

2.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.

i.

Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

j.

Fencing. A tower shall be enclosed by security fencing not less than six feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.

k.

Landscaping. A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscape strip at least five feet in width outside the perimeter of the tower compound. Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, such as towers placed on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

l.

Accessory equipment and buildings.

1.

Antennas mounted on structures on rooftops: The equipment cabinet or structure used in association with an antenna may be located on a roof. Equipment storage buildings or cabinets shall comply with all applicable building and zoning requirements.

2.

Antennas mounted on utility poles, lightpoles or towers: The equipment cabinet or structure used in association with an antenna shall be sited in accordance with the development standards of the underlying zoning district. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable landscape treatments, except where the use of nonvegetative screening would better reflect and complement the architectural character of the surrounding neighborhood.

m.

Signs. No signage or advertising is allowed to be placed on a wireless communication tower.

n.

Tower separation from residential buildings or land. Towers must be set back a distance equal to the height of the tower from any offsite residential structure or from any parcel of land zoned residential.

(4)

Permitted uses. The installation of a tower or antenna, including the placement of buildings or other supporting equipment used in connection with such tower or antenna, is permitted in all industrial zoning districts.

a.

Antennas or towers on existing structures. An antenna or tower may be situated on the roof of a commercial, industrial, professional, institutional or municipal structure, provided that such device is installed and maintained in accordance with applicable state or local building codes, and complies with current standards of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate antennas. Antennas installed on a structure other than a new communication tower, or antennas installed on an existing communication tower shall be permitted where located on property owned, leased or otherwise controlled by the city, irrespective of zoning district, provided that a lease or other agreement to authorize such antenna or tower has been approved by the city.

b.

Antennas on existing towers. The attachment of a new antenna on an existing tower may be allowed, to minimize adverse visual impacts associated with the proliferation and clustering of towers, provided that:

1.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same type as the existing tower, unless reconstructed as a monopole.

2.

An existing tower may be modified or rebuilt to accommodate the collocation of additional antenna and may be moved on site within 50 feet of its existing location, but the relocation may only occur one time per communication tower.

3.

After a tower is rebuilt to accommodate collocation, only one tower may remain on site.

4.

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands shall only be permitted when approved by the city. The separation distance required is the height of the tower.

c.

Cable microcell network. The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(5)

Conditional uses. The installation of towers and antennas, including the placement of accessory equipment or buildings, may be allowed by conditional use permit in all commercial zoning districts. Such permit to be granted after hearing before the plan commission and recommendation to the council upon such conditions as are appropriate as determined in a case-by-case basis.

(6)

Removal of abandoned antennas and towers. An antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the antenna or tower within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this subsection shall not become effective until all users cease using the tower.

(7)

Nonconforming uses. See section 70-47, nonconforming use regulations.

(Code 2001, § 17.18; Ord. No. 2-2002, § I, 3-4-2002; Ord. No. 3-2007, § I, 2-19-2007)

(a)

Permitted uses and structures. In this heavy manufacturing district, buildings and premises may be used for any use except the following:

(1)

Uses in conflict with law or any provision of this Code governing nuisances.

(2)

Residential dwelling, whether single-family, two-family, multiple-family, hotels, motels, boardinghouses or lodginghouses (varied as to parcel no. 5-28-60, Green Giant Company. See Ord. No. 8-80).

(3)

Any of the following specified uses unless the location of such use has been approved in writing by the plan commission and council after investigation and public hearing.

a.

Abattoirs.

b.

Acid manufacture.

c.

Bulk gasoline and oil storage.

d.

Cement, lime, gypsum or plaster of Paris manufacture and stone crushing.

e.

Distillation of bones.

f.

Enameling and japanning.

g.

Explosives manufacture or storage.

h.

Fat rendering.

i.

Fertilizer manufacture.

j.

Foundries.

k.

Garbage, rubbish, offal or dead animal reduction or dumping.

l.

Glue manufacture.

m.

Junkyards.

n.

Liquefied petroleum gas bulk storage.

o.

Petroleum refining.

p.

Plastics manufacture.

q.

Smelting of tin, copper, zinc or iron ore.

r.

Stockyards.

(b)

Height. Buildings erected or structurally altered in the heavy manufacturing district after the effective date of the ordinance from which this section is derived shall exceed neither 60 feet nor five stories in height.

(c)

Side yard. A side yard not less than six feet in width shall be provided in the heavy manufacturing district.

(d)

Setback. Where parts of the frontage are designated as residential district and heavy manufacturing district in the heavy manufacturing district, the setback regulations of the residential district shall apply to the heavy manufacturing district; otherwise, there shall be a setback of not less than 30 feet.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 20 feet for a building two stories or less in height in the heavy manufacturing district. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet. No accessory building located in a rear yard shall occupy more than 20 percent of the area of such required rear yard. The rear yard may be used for off-street parking.

(f)

Parking. Every building erected or structurally altered in the heavy manufacturing district shall provide motor vehicle parking space off the public street in the ratio of 300 square feet of area for each five persons employed on the premises, together with provisions for ingress from and egress to the public street or alley.

(Code 2001, § 17.19)

(a)

Uses. In this medical, professional and administrative district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Public hospitals, except hospitals for contagious diseases or drug addicts, alcoholics or the insane or feebleminded, when such building shall be located not less than 75 feet from any lot in any residence district not used for the same purpose.

(2)

Philanthropic and charitable institutions.

(3)

Medical and dental clinics.

(4)

Homes for the aged.

(5)

Child care centers.

(6)

Professional offices, administrative offices.

(b)

Height and area. In the medical, professional and administrative district the height of buildings, the minimum dimensions of yards and the minimum lot area shall be as follows:

(1)

Height. Buildings erected or structurally altered after the effective date of the ordinance from which this section is derived shall exceed neither 60 feet in height nor five stories in height.

(2)

Lot area. Every building erected or structurally altered in the medical, professional and administrative district after the effective date of the ordinance from which this section is derived shall have a lot not less than 80 feet in width and shall not be less than 12,000 square feet in area.

(c)

Side yard. There shall be a side yard on each side of a building in the medical, professional and administrative district.

(1)

For buildings not over two stories high, the sum of the widths of the required side yards shall be not less than 35 percent of the width of the lot, and no single side yard shall be less than 40 percent of the total required side yard width, provided that no single side yard shall be less than ten feet in width.

(2)

For buildings more than two stories high, the widths of the side yards required shall be increased an additional four feet in each side yard for each story or fractional story above two stories.

(d)

Setback. Unless otherwise provided, there shall be a setback line of not less than 30 feet in the medical, professional and administrative district, provided that where 25 percent or more of the frontage is occupied with buildings having an average setback line of more or less than 30 feet, the setback line on any vacant interior lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 30 feet for a building two stories or less in height in the medical, professional and administrative district. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet.

(Code 2001, § 17.20)

(a)

Permitted uses and structures. Mobile homes in the mobile home park district, as defined in division 5, article II of chapter 42 of this Code, shall be the only permitted use.

(b)

Regulations. All the regulations of division 5, article II of chapter 42 of this Code apply in the mobile home park district.

(c)

Approval necessary. Mobile home parks shall have the approval of the plan commission and the council.

(Code 2001, § 17.21)

(a)

Permitted uses and structures. In this central business district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the local business district or multiple-family district, except single-family and two-family dwellings which shall have plan commission recommendation and council approval by resolution.

(2)

Any of the following specified uses:

a.

Art shop.

b.

Bakery.

c.

Businesses and professional offices.

d.

Dyeing, cleaning and pressing establishments.

e.

Food products (retail).

f.

Grocery store, delicatessen, meat and fish market, fruit and vegetable market.

g.

Motels, hotels.

h.

Music, radio, television, and appliance stores.

i.

Paint and decorating store.

j.

Printing and publishing.

k.

Private clubs, labor temples, fraternities and lodges.

l.

Restaurants and taverns.

m.

Theaters and places of amusement, except drive-in theaters.

n.

Package good stores.

(3)

Any other uses similar in character.

(4)

The manufacture and treatment of products clearly incidental to the conduct of a retail business on the premises.

(5)

Accessory uses as are customary in connection with the uses in subsection (2)a.—n. of this section and are incidental thereto.

(6)

Nothing in this section shall be construed to prevent a flat for residence purposes over a store building.

(b)

Height. Buildings erected or structurally altered in the central business district shall not exceed 45 feet or three stories in height.

(c)

Side yards. No side yard is required unless the parcel adjoins a residentially zoned lot, in which case the side yard requirements of the residential district shall apply.

(d)

Setback. There is no minimum front yard setback requirement for buildings in the central business district, except that where 25 percent or more of the frontage is occupied with buildings, the setback line on any vacant lot in such frontage shall be established at the point of intersection of its centerline, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.

(e)

Rear yard. There shall be a rear yard having a minimum depth of 15 feet. Where an alley exists, the required rear yard may be measured from the center of the alley. No accessory building in a rear yard shall be located nearer than four feet to any lot line, nor shall such accessory building occupy more than 25 percent of the area of such required rear yard.

(f)

Lot area. Minimum of 2,400 square feet.

(Ord. No. 15-2010, § I, 4-19-2010)

(a)

Permitted uses and structures. In this central business district, buildings and premises shall be used and erected or structurally altered for the following uses and no others:

(1)

Any use permitted in the local business district, multiple-family district, R-2 district, or R-1 district.

(2)

Nothing in this section shall be construed to prevent a flat for residence purposes over a store building.

(b)

Height. Buildings erected or structurally altered in the urban neighborhood district shall exceed neither 45 feet nor three stories in height.

(c)

Side yards. There shall be a side yard of not less than eight feet on each side of a building. Where the parcel adjoins a residentially zoned lot the side yard requirements of the residential district shall apply.

(d)

Front yard setback. There is no minimum front yard setback for commercial and mixed-use buildings erected in the urban neighborhood district. Residential buildings erected in the urban neighborhood district shall have a setback line of not less than 15 feet.

(e)

Rear yards. There shall be a rear yard having a minimum depth of 25 feet. Where an alley exists, the required rear yard may be measured from the center of the alley. No accessory building in a rear yard shall be located nearer than four feet to any lot line, nor shall such accessory building occupy more than 25 percent of the area of such required rear yard.

(f)

Lot area. Minimum lot area of 4,000 square feet for single-family residential and 8,000 square feet for all other uses.

(Ord. No. 15-2010, § I, 4-19-2010)

(a)

Purpose.

(1)

The PUD planned unit development overlay district is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; provide high level site design, architectural controls, and functionality; and to ensure quality standards of construction and planning. The PUD planned unit development overlay district under this chapter will allow for flexibility of overall development design to accommodate unique sites and mixtures of land uses with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying basic zoning district.

(2)

The unified and planned development of a site in a single, partnership, or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Wis. Stats. ch. 703 (condominiums) may be permitted by the city upon specific petition under this section of the chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section of the chapter have been met.

(b)

Permitted uses and structures. Uses allowed in a PUD may be any use permitted in the underlying basic use district(s); however, with the consent of the owners, the permitted and conditional uses may be specifically limited and defined in accordance with the considerations contained in this PUD section 79-95.

(c)

Minimum area requirements. Areas designated as PUD planned unit development overlay districts shall be under single or corporate ownership or control and shall contain a minimum development area of:

•

1 acre for residential PUD

•

1 acre for commercial PUD

•

10 acres for industrial PUD

•

1 acre for mixed compatible use PUD

(d)

Lot area, width, and density. All requirements for the lot area, width, and density of the base zoning district are expected to be observed but may be waived or exchanged within a PUD for characteristics equally desired by the City upon presentation of a compelling justification/rationale.

(e)

Reserved.

(f)

Building height and area.

(1)

The maximum height standards of the base zoning district may be increased as part of the PUD approval.

(2)

The floor area ratio (FAR) and lot coverage percentage (L.C.PO.) for the principal buildings and accessory buildings shall be established on a case-by-case basis as an element of a residential PUD planned unit development project at the time of the final plat approval."

(g)

Setback and yards. The minimum setback standards of the base zoning may be reduced as part of the PUD approval.

(h)

Procedure.

(1)

Prepetition conference. Prior to official submittal of the petition for approval of the designation of a PUD planned unit development overlay district, the owner or his agent making such petition shall meet with the city plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(2)

The petition. Following the prepetition conference, the owner or his agent may file a petition with the city clerk for an amendment to the city's zoning district map designating and adding a PUD planned unit development overlay district to the underlying basic use or other overlay zoning district(s) thereby permitting the application of the provisions of this section to the designated area. Such petition shall be accompanied by a fee as required under article III, chapter 42 of this Code, as well as the following information:

a.

A statement which sets forth the relationship of the proposed PUD planned unit development overlay district to the city's adopted comprehensive plan or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD planned unit development overlay district, including the following information:

1.

Total area to be included in the PUD planned unit development overlay district, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development. In addition, said petition shall include all data required for subdivision preliminary plat review by section 58-6 titled "Preliminary plat" of the General Code of the City of Beaver Dam.

2.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

3.

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

4.

Any proposed departures from the standards of development as set forth in the city zoning regulations, subdivision ordinance, sign ordinance, other city regulations or administrative rules, or other universal guidelines.

5.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

b.

A general development plan which shall include the following:

1.

A preliminary plat of land division of a subdivision or other division of land as part of the plan of development of the PUD planned unit development overlay district. Said preliminary plat shall include all additional information as required by section 58-6 titled "Preliminary plat" of the General Code of the City of Beaver Dam.

2.

A legal description of the boundaries of lands included in the proposed PUD planned unit development overlay district.

3.

A description of the relationship between the lands included in the proposed PUD planned unit development overlay district and the surrounding properties.

4.

The location of public and private roads, driveways, and parking facilities.

5.

The size, arrangement, and location of any individual building sites and proposed building groups on each individual lot.

6.

The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

7.

The type, size, and location of all structures.

8.

General landscape treatment.

9.

Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.

10.

The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater drainage facilities.

11.

The existing and proposed location of all private utilities or other easements.

12.

Characteristics of soils related to contemplated specific uses.

13.

Existing topography, on the site with contours at no greater than two-foot intervals National Geodetic Vertical Elevation.

14.

Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

15.

If the development is to be staged, a staging plan.

(i)

Land divisions. Any proposed division of land which results in a subdivision or any division of land other than a subdivision which is part of the proposed PUD planned unit development overlay district shall be subject to the requirements of chapter 58 titled "Subdivisions" of the General Code of the City of Beaver Dam.

(j)

Referral to plan commission. The petition for a PUD unit development overlay district shall be referred to the plan commission for its review and recommendation. The plan commission may add any additional conditions or restrictions which may deem necessary or appropriate to promote the spirit and intent of this chapter and the purpose of this section.

(k)

Public hearing. Upon receipt of the plan commission's recommendation, the common council shall, before determining the disposition of the petition, hold a public hearing. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.

(l)

Basis for approval.

(1)

The plan commission, in making its recommendation, and the common council, in making its determination, shall consider:

a.

Whether the petitions for the proposed PUD planned unit development overlay district have indicated that they intend to begin the physical development of the designated PUD planned unit development overlay district within nine months following the approval of the petition for a PUD planned unit development overlay district and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

b.

Whether the proposed PUD planned unit development overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter, is in conformity with the comprehensive plan or component plans thereof for community development, would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood, and that the benefits and improved design of the resultant development justifies the establishment of a PUD planned unit development overlay district.

c.

The plan commission and the common council shall not give their respective recommendations or approvals unless it is found that:

1.

The proposed site shall be provided with adequate drainage facilities for surface and stormwaters.

2.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

3.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

4.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances and administrative regulations of the city.

5.

Centralized public water and sewer facilities shall be provided.

6.

The entire tract or parcel of land to be included in a PUD planned unit development overlay district shall be held under single ownership, or if there is more than one owner, the petition for such PUD planned unit development overlay district shall be considered as one tract, lot, or parcel, and the legal description must define said PUD planned unit development overlay district as a single parcel, lot, or tract and be so recorded with the register of deeds for Dodge County.

(2)

That in the case of proposed residential PUD planned unit development overlay districts:

a.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the neighborhood.

b.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

c.

Provision has been made for adequate, continuing fire and police protection.

d.

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

e.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

(3)

That in the case of proposed commercial PUD planned unit development districts:

a.

The economic practicality of the proposed development can be justified.

b.

The proposed development will be adequately served by off-street parking and truck service facilities.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

d.

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

e.

The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(4)

That in the case of proposed industrial PUD planned unit development overlay districts:

a.

The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standard and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

c.

The proposed development will include adequate provision for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

d.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(5)

That in the case of mixed use PUD planned unit development overlay districts:

a.

The proposed mixture of uses produces a unified composite which is compatible within the underlying zoning district(s) and which, as a total development entity, is compatible with the surrounding neighborhood.

b.

The various types of uses conform to the general requirements as hereinbefore set forth, applicable to project of such use and character.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

(m)

Disposition of the petition.

(1)

General approval. After the public hearing and due consideration, the common council shall either deny the rezoning petition for a PUD planned unit development overlay district, approve the petition as submitted or approve the petition as modified by additional conditions and restrictions. The approved preliminary plan shall designate the pattern of proposed streets and the size and arrangement of individual buildings. The approval of the petition shall be based upon the building, site, and operational plans for the development and shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses. Zoning permits may only be issued upon obtaining general approval of the petition for rezoning for a PUD planned unit development overlay district.

(2)

Detailed approval. Plans submitted for detailed approval shall be precise and contain all items as may be required by the plan commission. A letter of credit for all improvements shall be submitted before such approval is granted. Detailed approval of the plans for each stage of development shall be required before building permits will be issued for the construction of the structures which are included in the plans for that stage of development.

(3)

Changes or additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the city plan commission and if, in the opinion of the city plan commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city plan commission shall be required, and said proposed alterations shall be submitted to the common council for approval.

(Ord. No. 15-2010, § I, 4-19-2010; Ord. No. 11-2021, § I, 8-16-2021)

(a)

Purpose. The purpose of this section is to promote the safety, health and general welfare of the citizens of Beaver Dam by providing for the effective regulation of wind energy system facilities under the authority granted by the Wisconsin Statutes.

(b)

Wind energy systems. All applicable rules, regulations, and laws as set forth in the Wis. Stats. §§ 59.69, 66.0401, and 66.403 and the Wisconsin Administrative Code Chapter PSC 128, are hereby adopted by reference and made a part of this section as if fully set forth herein.

(c)

Approval. All plans for wind energy systems must be submitted to the city building inspector and have plan commission approval.

(Ord. No. 14-2015, § I, 7-20-2015)