The following zoning district classifications are hereby created and established for the purpose of this chapter:
(1)
AGRICULTURAL.
(a)
A-1 Agricultural District.
(2)
RESIDENTIAL.
(a)
R-1A Single-Family Residence District.
(b)
R-1B Single-Family Residence District.
(c)
R-1C Single-Family Residence District.
(d)
R-2 Two-Family Residence District.
(e)
R-3A Multifamily Residence District.
(f)
R-3B Multifamily Residence District.
(g)
R-3-4 Multifamily Residence District. (Am. #97-29)
(h)
R-3-8 Multifamily Residence District. (Am. #97-29)
(i)
R-3M Multifamily Residence District. (Am. #97-29)
(3)
OFFICE.
(a)
O-1 Office District.
(4)
COMMERCIAL.
(a)
C-1 Neighborhood Shopping District.
(b)
C-2 General Commercial District.
(c)
C-3 Central Business District.
(d)
C-4 Highway Commercial District.
(5)
INDUSTRIAL.
(a)
I-1 Limited Industrial District.
(b)
I-2 Light Industrial District.
(c)
I-3 Heavy Industrial District.
(6)
PUBLIC AND INSTITUTIONAL.
(a)
P-1 Public/Institutional District.
(7)
CONSERVANCY.
(a)
CN Conservancy District.
The City of Chippewa Falls is hereby divided into zoning districts as shown upon a map designated as the Zoning District Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Zoning District Map shall be properly attested and kept on file along with the rest of the official zoning regulations in the Office of the City Clerk.
(1)
The District Boundaries shall be determined by measurement from and as shown on the Zoning District Map, and in case of any question as to the interpretation of such boundary lines the Plan Commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
(2)
Whenever any street, alley or other public way is vacated by official action of the City Council, the Zoning District adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then henceforth be subject to all appropriate regulations of the extended districts.
(3)
AMENDMENTS. The Zoning District Map was amended by the following ordinances:
A lot of record at the time of adoption of this chapter, which does not meet the minimum lot area and width requirements of this chapter, shall be considered a buildable lot provided front and rear setbacks are met. Where a lot of record at the time of adoption of this chapter is less than 66 feet in width, the required side yard may be reduced to 10 percent of the width of the lot, provided no side yard shall be less than 3 feet.
(1)
HEIGHT.
(a)
In any district, no building or structure shall be hereafter erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district.
(b)
The height regulations prescribed herein shall not apply to chimney and flues, electrical transmissions and distribution facilities, cooling towers, elevator bulkheads, fire towers,, monuments, penthouses, stacks, scenery lofts, tanks, masts, aerials, silos, conveyors, flag poles and necessary mechanical appurtenances.
(c)
Public, semi-public, public utility or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet when the required front, side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(2)
SETBACKS.
(a)
No buildings shall hereafter be erected, structurally altered, or relocated so that any enclosed portion thereof is closer to the yard line than the setback distance hereinafter specified by the regulations of the district in which it is located with the following exceptions applicable only where the setback requirements affecting all properties are identical and provided that in no case shall a building be permitted forward of the yard line. Overhanging eaves and gutters projecting into the yard shall be subject to the provisions stated in §7.08(8) of this chapter.
(b)
When 40 percent or more of the frontage on one side of the street between 2 intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.
(c)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided the buildable width of a lot of record shall not be reduced to less than 28 feet nor closer than 5 feet to any side lot line.
(d)
On lots having double frontage the required front yard shall be provided on both streets.
(e)
Any such required setback shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles or any other material except as may be specifically otherwise permitted under this chapter.
(f)
A setback of 20 feet from the property line abutting an alley is required for all residential garages, whether attached or detached, where the garage entrance is perpendicular to the alley. (Cr. #97-30)
(3)
Dwelling groups as defined in §17.02 of this chapter shall be subject to the following provisions:
(a)
In the R-3A, R-3B, R-3-4, R-3-8, and R-3M districts, more than one dwelling may be permitted on a zoning lot, subject to the following. In addition to the yards and setbacks established by this chapter, the following setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot: (Am. #97-30)
1.
Side to Side. A minimum of 30 feet is required.
2.
Side to Back. A minimum of 30 feet is required.
3.
Front to Front. A minimum of 40 feet is required.
4.
Front to Side. A minimum of 30 feet is required.
5.
Front to Back. A minimum of 40 feet is required.
6.
Back to Back. A minimum of 40 feet is required.
7.
All yards shall be increased by one foot for every increase of 4 feet, or fractions thereof, in height if either of the adjacent buildings are greater than 25 feet in height.
(1)
The regulations as set forth in this chapter are made specifically applicable to each individual district as hereinafter set forth in the individual district regulation summary.
(2)
All property in the City has been placed in one of the basic districts created for the purpose of establishing the general pattern of intended land use consistent with the general plan for comprehensive development.
(3)
Single-family and two-family dwellings in all districts where they are allowed shall have a minimum core living area of 20′×20′ and shall be installed on an enclosed foundation meeting with the standards set forth in subchapters III, IV and V of chapter ILHR 21, Wis. Adm. Code. (Cr. #95-27)
(4)
The Twin Home is intended to provide for development of zero lot line twin home development. Ownership of each unit will be on separate deeds. Compliance with State of Wisconsin one and 2 family Uniform Dwelling Code for attached units is required.
(a)
The plans specification and construction shall require the installation and construction of separate sewer, water and other utility services to each twin home dwelling.
(b)
Both lots containing attached twin home dwellings shall be held under the same ownership until the completion of construction of the twin home dwellings.
(c)
The exterior (such as siding), and roof materials on each attached twin home dwelling shall be the same color, quality and consistency. A maintenance agreement (party wall agreement), approved by the City Zoning Administrator, shall be entered into by the owners of the attached twin home dwelling in order to ensure that equal and reasonable maintenance and repairs are performed on the attached twin home dwellings. Alternatively, provisions for maintenance of common walls may be incorporated into applicable covenants to be reviewed and approved by the City. Such agreements or covenants shall be recorded in the Chippewa County Register of Deeds and a copy provided to the City Zoning Administrator prior to occupancy.
(d)
Easements necessary for water, sewer and utility services and the maintenance agreement shall be recorded with the Chippewa County Register of Deeds prior to occupancy.
(e)
A joint or attached driveway serving the attached twin home dwelling is permitted provided covenants addressing the maintenance of such driveways are in a form approved by the Department.
(f)
A statement shall be placed on the face of all Twin Home plats creating twin home dwelling lots stating: "When two attached, single family dwelling units are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe and/or maintenance, shall be guarded against by private agreements, covenants and deed restrictions and the City of Chippewa Falls shall not be responsible for the same.
(1)
GENERAL PURPOSE. This district is intended to provide for farming and other agricultural activities in those areas where existing non-farm residential development is not of dominant significance, but with adequate regulatory standards to protect the future potential of the area for its most suitable ultimate development.
(2)
SETBACKS.
Minimum Front Yard:
Residential building, 40 feet.
Nonresidential building, 60 feet.
Minimum Either Side Yard:
Residential building, 20 feet.
Nonresidential building, 30 feet.
(3)
LOT SIZE.
Minimum Area - NA
Minimum Width - NA
Minimum Required Floor Area:
Residential building:
One story, 1,000 square feet.
Ground floor of 2 story, 850 square feet.
Maximum Permitted Height:
Residential building, 35 feet.
Nonresidential building, 60 feet.
(4)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Farming, including the raising of livestock.
(c)
Truck gardening, nursery or horticulture.
(d)
Publicly owned or operated park, playground or community buildings provided any building shall be located not less than 50 feet from any side lot line.
(e)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(f)
Roadside stands only for the sale of products raised on the premises operated by the resident and subject to the following:
1.
Off-street parking for a minimum of 4 vehicles shall be provided.
2.
No stand shall be permitted in a location where it would create a traffic hazard or nuisance, and where permitted, driveways shall be located to minimize possible interference with normal flow of highway traffic.
3.
No such stand shall be closer than 30 feet to the existing street line or closer than 20 feet to any other lot line.
4.
Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.
5.
A general sign to advertise the stand, not more than 12 feet square in area, shall be permitted.
(g)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Signs in conformance with Chapter 19, Sign Regulations, of the Chippewa Falls Municipal Code.
(i)
Parking as required in §§17.38—17.43 of this chapter.
(j)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(5)
CONDITIONAL USES.
(a)
Public and private schools provided that any such building shall be located not less than 30 feet from any side line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas, and towers including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Day care centers for 9 or more children, subject to state licensing requirements.
(g)
Golf courses.
(h)
Commercial hatcheries.
(i)
Dairy processing plants.
(j)
Animal hospitals, kennels, and laboratories using animals or animal products.
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of low density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 20,000 square feet.
Minimum Width, 100 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 1,200 square feet.
Ground floor of 2 story, 1,000 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 30 percent of the gross area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playground or community buildings provided that any building shall be located not less than 35 feet from any side lot line.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water tower, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of a moderate density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 18 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 1,000 square feet.
Ground floor of 2 story, 850 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playground or community building provided that any building shall be located not less than 35 feet from any side lot lines.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being serviced by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of a higher density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 7,200 square feet.
Minimum Width, 66 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 900 square feet.
Ground floor of 2 story, 750 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playgrounds, or community buildings provided that any building shall be located not less than 35 feet from any side lot line.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for two-family dwellings, such as duplexes, flats or apartment conversions in large older, single-family dwellings.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet. Twin home lots require a minimum 8 foot side yard setback on each unattached side
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area, 7,200 square feet.; 3,600 square feet per dwelling unit for a twin home.
Minimum Width, 66 feet.; 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One family, 900 square feet.
Two-family, 1,200 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Publicly owned or operated park, playground, or community buildings provided that any building shall be located not less than 35 feet from any side lot lines.
(e)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(f)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(g)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Home occupations as required in §17.12.
(j)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(k)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal mental institution.
(i)
Boarding and lodging houses.
(j)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into not less than 2 nor more than 4 dwelling units per structure of a building which was in use as a residence on July 5, 1967, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
A minimum of 600 square feet shall be provided for each dwelling unit.
3.
The open space surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants.
4.
Adequate measures have been or will be taken to provide for the health, safety, comfort and general welfare of the occupants.
5.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
(k)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(l)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for apartments in low to moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #95-12; Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot.(Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet.
Two-family or more, 600 square feet a unit.
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 30 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Three-family dwellings.
(e)
Four-family dwellings (4-plex).
(f)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(g)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(i)
Parking as required in §§17.38—17.43 of this chapter.
(j)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(k)
Home occupations as required in §17.12.
(l)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(m)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for apartments in moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot. (Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings up to eight-plex apartment units.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for family or garden type apartments in moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot. (Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for family or garden type apartments in moderately high density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area:
One to 4 dwellings units, 8,400 square feet. Twin homes, 4,200 square feet per twin home lot.
More than 4 dwellings units 8,400 square feet plus 1,500 square feet for each additional unit over 4.
Minimum Width, 80 feet. 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units. (Am. #95-4)
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.(Am. #2015-20; Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for elevator, walk-up, efficiency or studio type apartments and apartment conversion in existing single-family dwellings in higher density groupings than R-5 in areas of central urban character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet. Twin home lots require a minimum 8 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area:
One to 4 dwellings units, 7,200 square feet. Twin homes, 3,600 square feet per twin home lot.
More than 4 dwellings units 7,600 square feet plus 1,200 square feet for each additional unit over 4.
Minimum Width, 66 feet. 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 800 square feet;
Two-family or more, 500 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum number of efficiency units allowed in a building restricted to 25 percent of the total units. (Am. #95-4)
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet. (A building may be erected to a height of 60 feet if setback from all required yard lines is increased a distance of one foot for each foot of additional height above 45 feet.)
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2015-20; Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Commercial service facilities in apartment buildings, provided it is intended solely to serve the occupants of the premises.
(k)
Studio or efficiency apartments subject to the following:
1.
Each dwelling units shall be a minimum of 350 square feet of floor area and no more than one bedroom.
2.
Such additional requirements or conditions as the Plan Commission may feel necessary to insure that the units are intended and will serve as "efficiency or studio apartments" for individuals or childless families.
(l)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(m)
Residential care apartment complexes. (Cr. #99-25)
The Planned Development (PD) is a concept which encourages and permits variation in developments by allowing deviation in lot size, bulk or type of dwelling, density, lot coverage, types of land uses, and open space from that required in any one district covered in this chapter. A PD is any development to be constructed by a person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title or interest in the property and maintained by subsequent owners; located on a single tract; planned as an entity and therefore acceptable for development and regulation as one land use.
(1)
PURPOSE. A Planned Development is a conditional use permit process established for the following purposes:
(a)
Provide for concurrent processing and combining review and approval to simplify and shorten the development review process;
(b)
Provide for the orderly and functional arrangement of land uses and buildings;
(c)
Permit flexibility in site design, variety in development and mixed-use development;
(d)
Encourage well-planned neighborhoods through creative and imaginative planning;
(e)
Provide savings in infrastructure installation costs and energy use through the clustering of dwellings;
(f)
Create more functional active and passive open space areas within new development;
(g)
Achieve beneficial land use relationships with nearby areas;
(h)
Encourage development to be compatible with environmentally sensitive areas;
(i)
Preserve areas of natural or manmade scenic beauty and protect sites of historical or other commonly held values.
(j)
Provide for mixed-use development to allow locating stores, offices, restaurants, residences, public services, entertainment, workplaces and recreation spaces together or within walking distance of each other which promotes:
1.
Independence of movement, especially for the young, disabled and the elderly who can conveniently walk, cycle, or ride transit or locomotive aid;
2.
Living in close proximity to most daily living activities or needs;
3.
Safety through around-the-clock presence of people;
4.
Reduction in automobile use and parking, especially for shorter trips;
5.
Support for businesses and their employees, through nearby services and amenities;
6.
Support for those who work at home, through nearby services and amenities; and
7.
A variety of housing choices, so that the young and old, singles and families, and those of varying economic or physical ability may find places to live.
(k)
Provide for traditional neighborhood development.
(2)
DEFINITIONS. In addition to the definitions listed in §17.02 of this chapter, for the purposes of this section, the following terms shall have the meaning stated below:
(a)
Common Open Space. All land which is intended and reserved for the common use and enjoyment of the residents, tenants or occupants of the development.
(b)
Commercial and Industrial Planned Development. A Planned Development within which the predominant land uses are commercial, institutional and/or industrial. In general, at least 90 percent of the project area is in commercial, institutional and/or industrial uses. This type of Planned Development can include office, business or industrial parks, research and technology parks, and institutional, educational or medical campuses. Uses must complement each other and be harmoniously incorporated into the unitary design of the Commercial and Industrial Planned Development.
(c)
Developable Land. Land which is not restricted by regulations or natural limitations (such as floodplains, steep slopes, high groundwater, or other factors) from being developed.
(d)
Mixed-Use Planned Development. A Planned Development within which the types of land uses are mixed, there may be uses granted that are not normally permitted in an underlying district, there may be no discernible predominant type of land use, and individual buildings may be occupied by more than one type of land use.
(e)
Owner. A person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title or interest in the property subject to these PD regulations.
(f)
PD Perimeter. An area of land lying immediately within the perimeter of a PD where lot sizes, housing types, types of land uses, setbacks, lot dimensions and building heights must be planned or designed to mitigate conflicts with existing or planned land uses which are immediately outside the PD. The existence and exact location of the PD perimeter shall be determined by the Plan Commission.
(g)
Planned Development (PD). A land development project comprehensively planned as an entity through a unitary General Development Plan, which permits flexibility in building siting, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features.
(h)
Project Density. The number of dwelling units per acre of developable land, excluding existing or planned dedicated rights-of-way, for a PD established in subsection (5) below.
(i)
Residential Planned Development. A Planned Development within which the predominant land uses are residential. In general, at least 85 percent of the project area is in residential uses. Nonresidential uses must complement residential uses or be harmoniously incorporated into the unitary design of the Residential Planned Development.
(j)
Underlying Zoning District. The zoning classification attached to a given area of land that establishes the permitted and conditional uses to which said land area can legally be put. Examples of underlying zoning districts include R-1A, R-2, C-1, I-1, etc.
(3)
GENERAL PROVISIONS.
(a)
The Planned Development (PD) shall be applied as conditional use permit. When applied to a specific geographic area, the PD shall have the effect of allowing development to be designed, reviewed, approved, constructed and managed according to the provisions of this chapter, rather than as required by the underlying zoning district. However, the underlying zoning district shall prevail in determining permitted and conditional uses of land within the PD as well as the maximum permitted project density or intensity of land use, except as otherwise provided herein. The applicant may petition for the rezoning of land parcels within the PD project area with the PD application. Any rezoning requires Common Council approval after recommendation of the Plan Commission pursuant to §17.46 of this chapter.
(b)
When the Planned Development has been applied to a specific geographic area with the establishment of a Final Development Plan, the zoning classification or classifications of the land included within the PD shall thereafter signify this by the addition of a "PD" to said zoning classifications, such as "R-1APD", "C-2PD", or "I-1PD".
(c)
The Planned Development process shall be required for the following development applications:
1.
Any development where variations in lot sizes, dimensional standards, clustering or more than one principal building on one lot, provisions for common open space, or other design considerations which are not normally allowed under standard zoning districts and subdivision provisions are desired.
2.
Any development where a mix of land uses not normally found in a single zoning district is proposed.
3.
Any single-family dwelling, two-family dwelling or multifamily dwelling residential development or any commercial or industrial development involving a site 40 acres or larger.
Exceptions to these provisions that require approval through the PD process may be allowed by the Plan Commission if it is found that requiring such review will not serve to meet the purpose of this chapter. An example of such an exception would be applications involving only a single step review process.
(d)
The owner of a property under 40 acres can request a property be developed under the PD process.
(e)
Planned developments that require the subdivision of land shall have applications for each processed concurrently. A General Development Plan shall act as a preliminary plat for concurrent processing. In no instance shall the platting requirements for subdivisions, including fees, as set forth in State law and Chapter 18 of the Municipal Code, be waived as a result of this concurrent processing provision.
1.
It is the intent of this provision that if plat review is required under Chapter 18 of the Municipal Code, that it be accomplished simultaneously with the review of the General Development Plan under this chapter.
2.
For such simultaneous review, the General Development Plan shall be submitted in a form that is in accordance with the requirements of Chapter 18 of the Municipal Code relative to preliminary plats, where applicable.
(f)
An application for a Planned Development may be accompanied by all other discretionary requests, such as rezoning and conditional uses required by the underlying zoning, which may relate to the proposal.
1.
The Plan Commission may combine separate permit applications into one application for the convenience of the applicant as well as the City. Planned development applications, conditional use permits required by the underlying zoning, and rezonings may be merged into one PD application for processing and consideration under the PD process. The standards set forth in this chapter shall be used to evaluate the merits of the combined permits. If the combining of permits is accepted by the Plan Commission, the fees for rezoning and conditional use permits shall be waived and fees for only the PD conditional use permit application are required.
2.
The Plan Commission may deny any part of the combined request if they find it does not comply with the purpose or standards of this chapter.
(g)
Dedication, or offers to dedicate, interest in real property for specific public purposes shall be shown on the General Development Plan. Such dedications may be made a condition of approval of a Planned Development if the Plan Commission finds that:
1.
Such additional facilities would serve the public interest in such location;
2.
Such facilities would be in accord with the comprehensive plan or component thereof; and
3.
The amount and location of land to be dedicated bears a reasonable relationship to the demand generated by the proposed development.
Final approval and acceptance of such dedications shall be at the discretion of the Common Council.
(h)
Improvements, consistent with City standards or as shown on the comprehensive plan or component thereof, may be required as a condition of approval of a Planned Development. Improvements may include, but are not limited to, paving, curbs, gutters, sidewalks, bikeways, water lines, sewer lines, drainage works, bus turnouts, streetlights, recreational facilities and landscaping. Improvement requirements for multiphased projects shall be applied to each Final Development Plan as finalized and shall not consider future phases.
(i)
Legal origination and organizational instruments, bylaws and management plans for proposed homeowner's, business or condominium associations shall be provided with the General Development Plan.
(4)
PARCEL SIZE. The minimum site area for a Planned Development shall be 10 contiguous acres. This requirement may be waived on a case-by-case basis by the Plan Commission if the applicant can clearly demonstrate that the proposed PD can meet the purpose of this section. The applicant can request Planned Development review and approval for developments on sites smaller than 10 acres.
(5)
OWNERSHIP. A tract of land to be developed as a Planned Development shall be under the control of:
(a)
A single landowner; or
(b)
A group of landowners, acting through a partnership, firm, limited liability company, corporation, or any other legal entity having legal title or interest in the property subject to Planned Development, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record such covenants, easements, and other provisions with the County Register of Deeds.
(6)
PROCESS DESCRIPTION. An application for a Planned Development shall be initiated by the filing for a Planned Development conditional use permit. Said application shall be submitted to the Secretary of the Plan Commission on forms provided for this purpose, and shall be accompanied by all information requested on said application and indicated herein. See subsection (7). A Planned Development shall be processed in 3 stages: A) preapplication conference; B) General Development Plan; and C) Final Development Plan as follows:
(a)
Preapplication Conference. The purpose of the preapplication conference is to provide two-way communication between the prospective developer and the appropriate City staff regarding the legal, planning, design and engineering aspects of the potential development. Accordingly, prospective developers shall submit sketches and other pertinent information to the planning department for review and discussion by other City departments prior to submittal of an application for a PD conditional use and a General Development Plan. Sketches shall include the entire area of the intended PD, even if the PD is to be developed in phases. A preapplication conference review shall consider: success in achieving the purposes of the PD ordinances; adequacy of public and private services and facilities; ability to conform to all applicable codes and ordinances; utilization of commonly accepted principles of good site planning; and consistency with the comprehensive plan. Submittal requirements for the General Development Plan will be reviewed as part of the preapplication conference. A submittal item may be waived as part of General Development Plan review if determined to be not needed, already known or needed at a future stage. The prospective developer shall be provided with a written copy of the comments and waived submittal items made at such meeting. Applicants shall be advised to take these comments into account in preparation of more detailed plans for the PD. Any statement made by either the City staff or the applicant concerning potential disposition of a PD application or the final form of the development shall not be legally binding.
(b)
General Development Plan. Upon completion of the preapplication conference, an application may be filed for a General Development Plan. See subsection (7). The purpose of the General Development Plan is to establish the framework for future development of the PD in terms of timing, overall building layout and site design, land uses, density or intensity of development, traffic circulation/access, off-street parking, storm drainage, general utility locations, active and passive open space, location and management of common areas, general landscaping treatment and similar development components. The General Development Plan shall include the entire area of the intended PD even if the PD is comprised of several individual underlying zoning districts and/or is to be developed in stages. All subsequent Final Development Plans for such area shall be in conformance with the approved General Development Plan. The General Development Plan may be amended using the same procedure for the initial General Development Plan approval. Submittal requirements for a General Development Plan shall include all items indicated in subsection (7)(c)1. through 16. Upon receipt of all the required submittal items for the General Development Plan, and an application for a PD, the Secretary of the Plan Commission shall coordinate with other departments of the City to review the plan and formulate a recommendation to the Plan Commission. At such time, the Secretary of the Plan Commission shall give notice and set up public hearings before the Plan Commission. The Plan Commission shall review the proposed General Development Plan in accordance with the review criteria set forth in this chapter. It shall also consider the recommendations of the City staff and other comments received. The Plan Commission shall make a determination for approval, approval with conditions, or denial. If, after approval of the General Development Plan, any portion or phase of the PD development schedule established under this section is not met, the Plan Commission may initiate appropriate action to rezone the property which has not been developed in accordance with such development schedule to an appropriate zoning district or districts compatible with the surrounding area.
(c)
Final Development Plan. Following approval of a General Development Plan, a Final Development Plan for all or a portion of the PD shall be submitted to the Secretary of the Plan Commission for review and approval. In the case of a single phase PD, the applicant may combine the General Development Plan and Final Development Plan stages of the review process into a single Final Development Plan, in which case review and approval of such plan shall occur using the procedure set forth in subsection (7). The purpose of the Final Development Plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance and timing aspects of the development. For this reason it is anticipated that a Final Development Plan will normally be prepared only for those portions of a PD which are expected to be developed in the immediate future. The Final Development Plan shall be in substantial conformance with the approved General Development Plan. If the City staff or Plan Commission finds that a proposed Final Development Plan substantially differs from the approved General Development Plan, or that such change gives reason to notify and obtain input from affected residents and property owners, the Plan Commission shall require the applicant to submit a proposed amendment to the General Development Plan as set forth in this chapter. Examples of modifications to a PD which shall first require an amendment to the General Development Plan include changes in the general layout and design of the PD, the area encompassed by the PD, the overall density of dwelling units, the number of dwelling units, the major categories of land use, the mix, magnitude and intensity of residential or nonresidential types of land uses, the parking and traffic circulation system, and major features of the common open space areas. No building permits shall be issued for construction within the PD without first obtaining acceptance of a Final Development Plan for that portion of the PD. All grading, construction, landscaping and other activities associated with land development shall be carried out in strict conformance with the approved Final Development Plan. The items required to be submitted with a Final Development Plan are those found in subsection (7)(c)1. through 16. Upon receipt of all the required items for the Final Development Plan, the Secretary of the Plan Commission shall coordinate its review with other City departments for the purpose of reviewing the Final Development Plan for compliance with the approved General Development Plan. If the proposed Final Development Plan is found to meet these criteria, it shall be approved by City staff and development may then commence accordingly. City staff may approve with conditions or require submittal of a modified Final Development Plan if it does not comply with such criteria. Decisions of the City staff with respect to a Final Development Plan may be appealed within 30 days to the Plan Commission which shall have final jurisdiction in the case of appeals. Establishment of a Final Development Plan shall require a "PD" designation be noted on the official zoning map for the geographic area of the Planned Development.
(7)
APPLICATION AND PROCEDURE.
(a)
Planned Developments shall be regulated and administered as a conditional use permit under the provisions of this section and §17.47, and may only be considered in conjunction with a General Development Plan and the provisions herein set forth.
(b)
After a preapplication conference the request for a Planned Development Conditional Use Permit shall be submitted in writing to the Secretary of the Plan Commission by the person requesting such action. The person requesting such action shall provide all information requested on the application.
(c)
At the time the application for a Planned Development Conditional Use Permit is submitted the applicant shall also submit a General Development Plan which shall contain the following [also see subsection (6)(b)]:
1.
Owner(s) of the property, current mailing address(es) and telephone number(s);
2.
Statement of development concept, including the planning objectives and the character of the development to be achieved through the PD;
3.
An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features;
4.
The pattern of proposed land use, including shape, size, mix, integration and arrangement of proposed use areas, density and environmental character (single-family, multiple-family, commercial, public, etc.);
5.
The pattern of public and private streets;
6.
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as recreational areas and common open space areas. The applicant will describe the intended use and function of open space elements and the relationship of those elements with other non-open space features of the development;
7.
The location, size and character of common facilities;
8.
Preliminary engineering plans, including site grading, street improvements, drainage, and public utility extensions;
9.
Preliminary landscaping plans;
10.
Conceptual or preliminary building plans, including floor plans and exterior designs or elevations;
11.
Development schedule indicating the appropriate date when construction of the PD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development;
12.
General outline of intended organizational structure related to property owners association, condominium association, deed restrictions, common ownership of open space and facilities and private provision of common services;
13.
Statement of financing plan, including sources and amounts of funds;
14.
Statement of intentions regarding the future selling or leasing of all or portions of the PD, such as land areas, dwelling units and public facilities;
15.
Any additional information as required by Chapter 18 of the Municipal Code; and
16.
Any additional information as required by the Plan Commission necessary to evaluate the character and impact of the proposed PD.
City staff may waive the General Development Plan, Final Development Plan or Developer's Agreement requirements of any of the above items (1. through 16.) for all or portions of the Planned Development where or when appropriate.
(d)
The applicant shall submit 15 copies of the application and all related materials to the Secretary of the Plan Commission by 12:00 p.m. on the Monday prior to the regularly scheduled Plan Commission meeting. If the required application and related materials are not submitted by this date, in the form requested, the application shall not be placed on the Plan Commission agenda and no official action will be taken by the Plan Commission. Once timely submissions are completed, the applicant can ask for the matter to be placed on a subsequent agenda. The application shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
(e)
The Secretary of the Plan Commission shall refer the petition and all related materials to the Plan Commission for study and investigation.
(f)
Within 40 days, the Plan Commission shall hold a public hearing concerning the PD Conditional Use Permit request. As soon as possible after such public hearing, the Plan Commission shall act to approve, approve with modifications, or disapprove of the PD Conditional Use Permit and related General Development Plan. The Plan Commission shall render its decision in writing and such decision shall include an accurate description of the use of the property which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval.
(g)
Approval of the PD Permit and General Development Plan shall be granted only upon determination by the Plan Commission that the General Development Plan:
1.
Conforms with the purpose of this section.
2.
Conforms with the development controls set forth in this section.
3.
Provides benefits to the City which outweigh its adverse effects; in making this determination the Plan Commission shall consider the following:
a.
Quality of site design, including integration of a variety of land uses, building types, and densities; preservation of natural features; compatibility with adjacent land uses; provision and type of open space; provision of other amenities designed to benefit the general public;
b.
Traffic flow and safety;
c.
Adequacy of utilities and other public works;
d.
Impact on existing public facilities within the City; and
e.
Potential fiscal impact.
(h)
Approval of the PD Conditional Use Permit and related General Development Plan shall establish the basic right of use for the area in conformity with the General Development Plan as approved. However, prior to the issuance of building permits, the applicant shall provide to the City one true and correct reproducible copy of the General Development Plan for the development or portion thereof and all related materials as approved by the Plan Commission which becomes the Final Development Plan. See subsection (6)(b) and (c).
1.
The Final Development Plan shall consist of final versions of all statements and graphics as required in subsections (6)(b) and (7)(c), and must contain any modifications and/or conditions which were required by the Plan Commission at the time of approval of the PD Conditional Use Permit and General Development Plan. See subsection (6)(c).
2.
When condominiums are proposed, a copy of all condominium instruments as defined and required by Chapter 703, Wis. Stats., shall be submitted with the Final Development Plan.
3.
The Final Development Plan shall be submitted to the City within 6 months of approval of the General Development Plan by the Plan Commission, unless extended by the Plan Commission.
(i)
Fees.
1.
Fees for a PD General Development Plan approval shall be the same as those established for conditional use permits.
(j)
Amendment of the Zoning District Map. Following the submission of the Final Development Plan, the Zoning District Map shall be amended by appropriate symbol (PD) to designate the area covered by the recorded Final Development Plan. Following such action, the zoning and subdivision regulations otherwise applicable to the land included in such Final Development Plan shall cease to apply thereto and the recorded Final Development Plan and all related materials shall govern.
(k)
Zoning Administration Permits. The Zoning Administrator may issue permits for site or building construction for that part of the Final Development Plan that has been approved by the Plan Commission. However, the Zoning Administrator shall not issue an occupancy permit for any building or structure shown on the Final Development Plan of any stage of the Planned Development unless the ownership of all planned open spaces, common elements, rights-of-way, easements, public utilities and any other required facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved Final Development Plan if the completed building or structure conforms to the requirements of the approved Final Development Plan and all other applicable regulations and ordinances.
(l)
Enforcement.
1.
The developer shall begin construction of the PD within 12 months of the date of the recording of the Final Development Plan. The Plan Commission may grant in writing an extension of this time period of up to 12 months upon demonstration of good cause by the developer. If the developer fails to commence construction of the PD within the specified time, the Plan Commission shall proceed with actions as specified in subsection 3. hereinbelow.
2.
If the PD is to be developed in stages, then the developer must begin the construction of each stage within the time limits specified in the Final Development Plan. Construction in each phase shall include all the elements of that phase specified in the Final Development Plan.
3.
The Plan Commission, or its designee, shall periodically monitor the construction of the PD, with respect to conformance with the Final Development Plan, start of construction and development phasing. If the Plan Commission, or its designee, finds that the developer has failed or is failing to develop the PD in conformance with the Final Development Plan; or that the developer has failed to begin development within the specified time period; or that the developer is not proceeding in accordance with the approved development phasing, with respect to either timing of construction or an approved mix of project elements, then the Plan Commission shall give written notice to the developer to appear before the Commission within 30 days to report on the status of the PD. Upon review of the PD, the Plan Commission may extend the time for start of construction or the length of the time needed to complete a phase, recommend that the developer amend the Final Development Plan subject to the procedures specified in subsection (n), or terminate the project and repeal the PD Conditional Use Permit.
When the Commission deems it necessary to terminate the project and repeal the PD Conditional Use Permit, it shall be subject to the procedures specified in §17.47, Conditional Use, of this chapter. At the time of such change, existing completed or partially completed structures and uses thereon that do not conform to the regulations for the district in which located shall be deemed nonconforming as defined by this chapter.
(m)
Amendments to General Development Plan. Amendments to the General Development Plan involving what are considered by City staff or the Plan Commission to be substantial changes shall require the same procedure and criteria for review and approval as the original General Development Plan. Amendments involving what are considered by City staff or the Plan Commission to be minor and of no substantial negative impact upon adjacent properties, the neighborhood or existing dwelling units within the PD may be approved by the Plan Commission without public hearing and notice. The information specified in this chapter under subsections (6)(b), (7)(c) and (8)(a) shall be considered in determining substantial changes.
(n)
Amendments to Final Development Plan.
1.
After approval of the Final Development Plan by the Plan Commission, the developer may seek amendments to the Final Development Plan as recorded, only if difficulties or significant changes in circumstances are encountered in constructing the PD which could not have reasonably been foreseen, such as with terrain or soil conditions or other physical complications, or changing market conditions, new technologies or emerging design ideas.
2.
Minor changes in the location, siting, and height of buildings and structures, or reductions in project density or intensity may be authorized by the Plan Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:
a.
A change in the use or character of the development.
b.
An increase in overall coverage of structures.
c.
An increase in the intensity of use.
d.
An increase in the problems of traffic circulation and public utilities.
e.
A reduction in approved open space.
f.
A reduction of off-street parking and loading space.
g.
A reduction in required pavement widths.
3.
All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the Plan Commission subject to the procedures specified in subsection (7). Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the Final Development Plan was approved or by changes in community policy.
(o)
Recording; Conditions Run with the Land.
1.
Before a Final Development Plan becomes effective, a document shall be recorded by the applicant within 30 days of approval in the office of the county register of deeds. Said document shall identify the property as being part of a PD which is on file with the Secretary of the Plan Commission. Applicant shall furnish evidence of such recording to the Secretary of the Plan Commission prior to any Final Development Plan approval for multiple phased projects or within 15 days of Final Development Plan approval for single phased projects.
2.
Any conditions attached to a General Development Plan or Final Development Plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said lands. Such conditions shall be deemed to be part of the building permit issued for any use or structure within the PD.
(8)
REVIEW CRITERIA.
(a)
General Development Plan. In reviewing the General Development Plan, the following criteria shall be used and applied to making the determination required in subsection (7)(g) and (h):
1.
Conformance with the applicable provisions of the underlying zoning district, unless modified during the Planned Development process;
2.
Conformance with the provisions of this chapter and other applicable chapters of the Code of Ordinances;
3.
Suitability of the site itself for development as proposed;
4.
Compatibility of the proposed development with adjacent and nearby existing or Planned Development in terms of scale, mass, height, bulk, type of land uses, retained open space, activities, traffic, design, structure placement, accessibility, privacy, views and similar concerns;
5.
Compatibility of the internal components of the proposed development in terms of scale, mass, height, bulk, type of land uses, retained open spaces, activities, traffic, design, structure placement, accessibility, privacy, views and similar concerns;
6.
Utilization of site planning principles common to high quality development;
7.
Conformance with City development and design standards and policies;
8.
Availability, both on and off the site, of adequate public utilities and services, including water, sanitary sewer, stormwater management, streets, sidewalks, trails, recreational opportunities, solid waste and recycling facilities, traffic control, fire protection and police protection;
9.
Effective mitigation of any potential negative impacts of the proposed development either on the site itself or off the site;
10.
Adequate provision for preservation and maintenance of areas and/or facilities set aside for common ownership;
11.
Conformance with the comprehensive plan.
(b)
Final Development Plan. In reviewing a Final Development Plan, City staff or the Plan Commission, as appropriate, shall consider the following criteria:
1.
Strict conformance of the Final Development Plan to the adopted General Development Plan, particularly in terms of the general layout and design of the PD; the overall density of dwelling units; the number, type and mix of dwelling units; the major categories of land use types; the mix, integration, magnitude and intensity of types of land uses; the parking and traffic circulation system; and major features of the open space area.
2.
The review criteria set forth in subsection (8)(a).
(9)
STANDARDS AND SPECIAL REQUIREMENTS FOR ALL PLANNED DEVELOPMENTS. The following provisions shall be applied by the City staff and Plan Commission in their consideration of all Planned Development.
(a)
Permitted Uses. Only those uses which are permitted in the underlying zoning district or districts shall be permitted in a PD, unless provided for herein. However, housing types may vary and residential uses may beat higher densities within portions of a Residential PD or Mixed-Use PD, pursuant to subsection (10)(a) below.
(b)
Conditional Uses. Those uses which are conditional uses in the underlying zoning district or districts shall be allowed in a PD only if a conditional use permit is granted by the Plan Commission. Conditional use permits for underlying conditional uses may be reviewed and approved concurrently as part of the General Development Plan for a PD Conditional Use Permit.
(c)
PD Perimeter. The PD perimeter shall be designed and used in such a way as to harmonize land uses, scale, structure heights, setbacks and mass with existing or planned adjacent or nearby development. Reasonable provisions relating to lighting; landscaping; screening; buffering; activity areas; land uses; setbacks; structure height, width, length, orientation; or similar characteristics of the development may be imposed to assure this compatibility.
1.
A building which abuts on a perimeter street shall have a minimum setback of 30 feet for that yard or yards which abut said street. The minimum required setback shall be increased by one foot for each additional foot by which a structure exceeds 36 feet in height.
2.
Where the Planned Development abuts a single-family residential district, the following regulations shall apply:
a.
A permanent open space at least 25 feet wide shall be provided along the property line and such area shall be maintained in landscaping, and no driveway, off-street parking, accessory buildings or uses shall be permitted in such area. In addition, no intensive recreational use shall be permitted in such area.
b.
In order to allow the maximum amount of flexibility and to encourage creative design, the Plan Commission may permit deviations from the standards set forth by the perimeter requirements provided that the perimeter of the PD be developed for similar uses permitted in the adjoining residential district. In addition, the Plan Commission may permit deviations from the perimeter requirements in Planned Developments that involve the use of an existing building where the setbacks of the building in question may be less than those required in subsection (9)(c)1. and 2.a. above.
3.
Screening at Perimeter of Planned Development. Fences, walls, berms, or vegetative screening shall be provided along the perimeter of the PD where needed to shield residents, tenants, occupants or visitors of the PD from undesirable views, glare, noise, or other off-site conditions or to shield residents or visitors in adjoining residential districts from similar adverse conditions emanating from the PD.
4.
The Plan Commission, after receiving City staff recommendation, may adjust PD Perimeter requirements for Planned Developments if it finds such adjustments will not create substantial negative impact upon adjacent properties and the neighborhood.
(d)
Lot Area, Lot Width, Setbacks.
1.
Lot area, lot width and setback requirements for the PD may vary from the underlying zoning district provided the developer has demonstrated to the satisfaction of the Plan Commission that the proposed design and layout meets the provisions, intent and spirit of the PD purposes. Lot areas, lot widths and setbacks within the PD perimeter shall be designed to be compatible to existing or planned land uses immediately outside the development.
2.
Setbacks from public right-of-way shall be a minimum of 20 feet for local streets, 30 feet for collector streets and may be increased accordingly for setbacks from major or minor arterial streets. Nonresidential and mixed uses within a Mixed-Use PD may be allowed zero setbacks, provided the Plan Commission finds it to be compatible and harmoniously incorporated into the unitary design of the Planned Development and consistent with the purpose of this chapter, as provided in subsection (1).
3.
Perimeter setbacks from the edge of the PD shall be at least the same as is required by the adjacent zoning district.
4.
Dwelling groups, as defined in §17.02 and as provided for in §17.17(3), maybe utilized as a design element of a Planned Development. This section does not supersede subsection (9)(h).
(e)
Design and Dimensional Standards. The standards in the underlying zoning district regulating site coverage, building height, site area and setbacks shall be used as a guide in evaluating a PD, and may exceed the maximum established by the underlying zoning district only upon the expressed request by the applicant and upon approval of such as part of the General Development Plan. Building and structure heights within the PD perimeter shall be no higher than allowed height in adjacent districts.
(f)
Environmental Design. Insofar as possible, a PD shall be designed to preserve existing vegetation, terrain, and other significant natural features. Reasonable provisions relating to the preservation of these features may be imposed to assure preservation of such features.
(g)
Preservation and Maintenance of Common Open Space.
1.
Since the PD concept of development is intended to provide more functional open space and to make more efficient use of land, utilities and other improvements, at least 15 percent of the total gross land area of the PD shall be permanently reserved as "common open space." This provision may be waived by the Plan Commission when it is determined that other options for providing open space are available.
2.
Common open space may be held in common, be privately owned, or dedicated to the public, or any combination thereof. Any land dedicated to the public must be officially accepted by the Common Council before such dedication becomes valid. Land dedicated to the public may be considered part of the required common open space area for the PD.
3.
Common open space areas shall be designed creatively, add to the overall appearance and aesthetic qualities of the PD, and be truly functional in providing for the open space needs of the tenants or occupants of a Commercial or Industrial PD, or the open space and recreational needs of the residents, tenants or occupants of a Residential or Mixed-Use PD.
4.
The following areas shall not be included in calculating the minimum amount of common open space for the PD:
a.
Areas within required front and side yard setbacks, except for Commercial and Industrial PD;
b.
Open spaces less than 30 feet wide, unless approved as a common pathway system, except for Commercial and Industrial PD;
c.
Existing or proposed street rights-of-way;
d.
Parking areas and driveways;
e.
Building sites, unless used for recreational purposes; and
f.
Pre-existing easements, except for Commercial and Industrial PD.
5.
The required common open space may consist of designated floodway, the surface area of water bodies, and/or areas having slopes 20 percent or greater, only if the following findings are made:
a.
Said areas are available by legal right for the use and enjoyment of the residents, tenants or occupants of the PD;
b.
Said areas are functional in providing for the open space and outdoor recreation needs of the residents, tenants or occupants of the PD; and
c.
Said areas are safely and conveniently accessible to the residents, tenants or occupants of the PD.
6.
Common open space areas shall be reasonably and evenly distributed throughout to all properties within the PD in relation to the location of the dwelling units or other buildings they are intended to serve.
7.
The Plan Commission may require a reasonable area of the common open space to be developed and improved for active recreational use commensurate with the anticipated need for such private recreational facilities by the intended future occupants of the dwelling units in the PD.
8.
In the case of a PD being developed in phases, at least 15 percent of the gross area of each phase of the PD (subject to Development Plan approval) shall be reserved for open space at all times, unless the Plan Commission allows such requirement to be waived.
9.
At the time of General Development Plan approval, provision must be demonstrated for the ownership and perpetual care and maintenance of all common open space areas. Areas designated as common open space shall be permanently reserved as such, using appropriate legal instruments as approved by the City Attorney, at the time of General Development Plan approval. Covenants or other legal arrangements shall specify ownership of the common open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and assessment provisions, guarantees that any entity formed to own and maintain the common open space will not be dissolved without the consent of the Plan Commission, and any specifications deemed reasonably necessary by the Plan Commission.
10.
If the common open space contains buildings or other facilities as part of the General Development Plan, the developer shall provide legal arrangements or sureties as a part of the General Development Plan submittal, as approved by the City Attorney, to assure that such improvements are completed.
11.
Failure to Maintain Open Space. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the Planned Development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the City may initiate actions in accordance with regulations as provided for in Chapter 10, Public Nuisances, of this Municipal Code and/or §66.0703, Wis. Stats.
(h)
Building Spacing and Orientation.
1.
The minimum spacing allowed between buildings within a Planned Development may be reduced from that which is required in the underlying zoning districts or §17.17(3) provided the developer has demonstrated to the satisfaction of the Plan Commission that the proposed design and layout meets the provisions, intent and spirit of the PD purposes and applicable building codes.
2.
Greater distances may be required by the Plan Commission taking into consideration the need for privacy, traffic circulation, open space, safety and emergency vehicle access.
3.
Windows, patios and balconies shall be located and oriented to maximize privacy of individual dwelling units.
4.
In no case shall the distance between principal buildings or building height be less than what is required by building code construction requirements.
(i)
Building Architecture. Developers shall, where appropriate, incorporate architectural control provisions in the protective covenants for the PD in an effort to maintain long-term property values and the architectural integrity of the development.
(j)
Building and Structure Heights.
1.
Building and structure heights may exceed the maximum established by the underlying zoning district only upon the request by the applicant and approval by the Plan Commission. The Plan Commission shall contact the City Fire Inspector to obtain his recommendation in regards to proposed building and structure heights.
2.
The Plan Commission shall assure that building and structure heights at the PD perimeter are substantially similar to existing or planned land uses.
3.
In evaluating a development proposal providing building heights in excess of that which is allowed in the underlying zoning district, the Plan Commission shall give consideration to evidence presented on the following:
a.
That increased height will not cast shadows or alter air currents in ways that will unreasonably limit the amount of light and air reaching other buildings in the vicinity to a significantly greater extent than if the building height did not exceed that which is allowed in the underlying zoning district.
b.
That increased height would mitigate detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development.
c.
That increased height would not adversely affect and would result in increased sensitivity to the visual and physical characteristics of the particular location through more harmonious relationships to the terrain and to proposed and existing buildings in the vicinity that have functional or visual relationships to the proposed building.
d.
That increased height would result from actions taken to lessen the impact of traffic and parking on the surrounding area.
(k)
Vehicular and Pedestrian Access.
1.
The General Development Plan shall provide for suitable vehicular and pedestrian access to the Planned Development. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within Planned Developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.
2.
It is encouraged that all nonresidential land uses within a PD have direct access to a primary street in order to avoid excessive traffic generation in residential sections of a PD.
(l)
Street Design, Construction and Ownership.
1.
Standards of design and construction for streets, including right-of-way widths and street widths, within Planned Developments may be modified as is deemed appropriate by the Plan Commission. However, the following criteria shall be considered in reducing street design standards less than those provided for in the Chippewa Falls Subdivision Regulations:
a.
Adequate separation of vehicular and pedestrian circulation patterns shall be provided for.
b.
Adequate off-street parking facilities shall be provided for.
c.
The streets and roadways shall be designed to accommodate the proposed density within the PD and their anticipated uses.
d.
Adequate street widths and right-of-way widths shall provide for normal functions such as garbage removal, snow removal, police and fire protection, school buses and ingress and egress of emergency vehicles.
2.
The Plan Commission may refuse to modify the design standards for streets as provided for in the Chippewa Falls Subdivision Regulations if the development plan does not exhibit an efficient vehicle and pedestrian circulation system and meet the criteria specified in this section.
(m)
Parking.
1.
Parking facilities within the PD District shall be provided in accordance with §§17.38—17.43, Parking and Loading, of this chapter and in accordance with the following requirements:
a.
Parking facilities shall be designed to be compatible with the architecture and residential character of the Planned Development. The imaginative use of walls, fences, land forms and plantings to screen motor vehicles is encouraged.
b.
The Plan Commission may require such additional parking, loading and service areas for residential, nonresidential and recreational facilities as shall be required to meet the needs of residents, their visitors and other potential users.
2.
Mixed-use parking facilities: PD's containing uses which have dissimilar peak traffic generation hours may have the total number of parking spaces required for each use reduced by not more than 40 percent where it is shown that the joint facility shall serve all existing, proposed, and potential uses as well as separate parking facilities for each use on the site. As a condition of approval of this joint use provision, reciprocal parking agreements between the parties involved shall be reviewed and approved by the City Attorney and filed with the City.
(n)
Signs.
1.
Chapter 19, the City Sign Regulations, shall be the basis for signage in a PD while the PD process and criteria allow for flexibility and the review of modified signage to meet a stated purpose or need. Signs within a PD shall be in conformance with a sign plan approved as part of the Development Plan.
2.
Such sign plan shall clearly indicate the exact location, height, dimension, design, materials and other significant features of all signs to be located within the PD.
3.
In developing and analyzing sign plans, consideration shall be given to the scale of the project, internal design considerations, and the character of the project as viewed from adjacent streets and properties.
4.
It is the intent of this section to provide for a visually attractive streetscape and to insure that signage in a PD is harmonious with the project and adjacent properties. Therefore, the Plan Commission may require sign provisions which are more restrictive than what is required in the City Sign Code.
(o)
Landscaping, Screening and Buffering. In order to protect the integrity of a PD, and when deemed necessary to provide protection to adjacent properties, landscaping, screening and buffering may be required as part of the General Development Plan. Landscape plans shall show the location, species of plant material, and the size of all plant materials. Screening plans shall include typical details of fences, berms and plant material to be used.
(10)
STANDARDS AND SPECIAL REQUIREMENTS FOR RESIDENTIAL PLANNED DEVELOPMENTS.
(a)
Density and Housing Type.
1.
The maximum number of dwelling units per acre (project density) for the PD as a whole shall be based upon the acreage of developable land as follows:
2.
An increase in said project density may be allowed by the Plan Commission upon finding that:
a.
Adequate public and private facilities and services are available, both on and off the site, to support the increased density or number of units, including but not limited to streets, parking, traffic control, water, sanitary sewer, stormwater management, solid waste disposal and recycling, fire and police protection, recreational opportunities and/or facilities, and schools;
b.
The increased density or number of units would not have a substantial negative effect upon adjacent properties; and
c.
The Residential PD will be superior in design, function and appearance based upon the following criteria:
i.
Orientation of the units on the site to achieve a high level of privacy of interior and exterior spaces;
ii.
Appropriateness of the scale and massing of structures;
iii.
Use of varied building elevations and staggered setbacks;
iv.
Effectiveness of landscaping, screening and buffering within the PD and along its perimeter;
v.
Appropriateness of the type and level of improvements within the common open space areas given the characteristics of the residents of the PD;
vi.
Overall quality of design of the development, including streetscape, parking lots, open space, buildings, lighting, signs, pedestrian pathways, etc.;
vii.
Varied placement of buildings, demonstrating sensitivity to the natural topographic features of the site;
viii.
Retention of unique natural features of the site and incorporation of such features into the project's overall design;
ix.
Recreation areas that are provided are directly accessible to a majority of the dwellings and are well-designed for their intended purpose; and
x.
Overall, the project exceeds the standards established in this chapter for design, function and appearance.
3.
Lot sizes and housing types (e.g., single-family detached, zero lot line, duplex, townhouse, low-rise, high-rise, etc.) may vary from those permitted in the underlying zoning district to the extent that all provisions of this ordinance are met and that the project density for the application as a whole is not exceeded.
4.
Where such increases in density or changes in housing types do occur within a PD, extra measures shall be taken, such as increases in setback, open space, screening, buffering, etc., to assure compatibility with adjacent and nearby land uses, both existing and planned.
5.
Subsection (10)(a) is applicable to Mixed-Use and Traditional Neighborhood Planned Developments.
(b)
Nonresidential uses of a religious, public or semipublic, cultural, educational or commercial character are subject to the following:
1.
Residential Planned Developments are intended to be primarily residential in nature. However, land which is a part of a Residential Planned Development may be used for nonresidential uses as approved in the General Development Plan if such uses are compatible with nearby land uses, are secondary to the primary residential uses and clearly enhance the quality, enjoyment and value of the residential portion of the Residential Planned Development.
2.
The total land area devoted to nonresidential uses of a commercial character shall not exceed 5 percent of the gross land area of the Residential Planned Development. The total area of all such nonresidential uses (religious, public and semipublic, cultural, educational and commercial) in the Planned Development shall not exceed 15 percent of the gross land area of the Residential Planned Development.
3.
Permitted commercial uses in a Residential Planned Development shall be restricted to those uses permitted in the C-l Neighborhood Shopping and C-2 General Commercial Districts and shall primarily be for the benefit and use of the Residential Planned Development residents.
4.
No building permit for any nonresidential use shall be issued prior to the complete construction of at least 20 percent of the dwelling units within the Residential Planned Development.
(11)
STANDARDS AND SPECIAL REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PLANNED DEVELOPMENTS.
(a)
Commercial and Industrial Planned Developments are intended to provide flexibility in design and function of commercial, industrial, institutional, research, technology, office and business developments or parks. The Plan Commission will determine the feasibility of Commercial and Industrial Planned Developments proposed in the General Development Plan that demonstrate an effective, harmonious and functional unifying concept. Hence, the types of land uses can be of any nonresidential nature if their integration can be demonstrated to be complementary and organized into a useful, manageable and well-balanced development. However, Commercial and Industrial Planned Developments should generally be distinguishable as commercial centers, business parks, office parks, institutional campuses, medical campuses, research parks, technology parks or industrial parks.
(b)
Lighting. The following guidelines are to be used when evaluating lighting plans:
1.
The height of light poles shall not exceed 40 feet, but in no case shall said height exceed the maximum height of structures permitted in the base zone.
2.
Lights should be located on standards pointing towards the structures or areas to be illuminated. Lighting shields shall be utilized as appropriate to keep glare on-site.
3.
The lighting fixtures plan shall be designed so as to harmonize with the building design. The design and placement of lighting fixtures shall not have an adverse effect upon abutting properties.
(c)
Signs. Integrated sign themes, developed in a manner that will complement the proposed project, shall be instituted for each commercial or industrial PD. Said signs should include a central sign used to identify the complex or center, as well as wall-mounted signs, or similar treatment, used to identify each individual shop, function or activity. In developing and analyzing signs, consideration shall be given to the scale of the project, internal design considerations, and the character of the project as viewed from adjacent streets and properties. It is the intent of this section to provide for a visually attractive streetscape and to ensure that signs in a commercial or industrial PD are harmonious with the project and adjacent properties.
(d)
Screening of External Activities.
1.
All exterior storage areas, service yards, electrical transformers, storage tanks, refuse collection areas and other similar outdoor areas shall be screened from view if said uses can be seen from a public street or adjacent properties. Said uses shall be screened with opaque fencing or walls which harmonize with the building design of the development.
2.
All roof-mounted mechanical equipment, vents and ductwork shall be concealed by the building mass, or shall be screened from public view in a manner that will harmonize with the building design. Mechanical equipment, vents, and ductwork which are not roof-mounted shall be concealed by the building mass or by walls or fences which are consistent with the design treatment of the building.
(e)
Landscaping.
1.
Landscaping shall consist of an effective, harmonious and functional combination of trees, shrubs and various vegetative materials. Berms, accent boulders, decorative walls and other similar devices are also encouraged as a part of such landscape treatment.
2.
Landscape areas shall be provided throughout the Commercial and Industrial PD to separate pedestrian walks along public rights-of-way or within parking areas from car rows, to shade parking areas, create attractive visual entrance points, define internal circulation patterns, conserve energy, soften the appearance of building walls, and buffer abutting land uses as necessary.
3.
Wheel restraints shall be required around landscape areas where determined to be necessary for protecting landscaped areas from vehicular traffic or where determined to be necessary for directing drainage on site.
4.
Open space areas containing natural features worthy of preservation may be left unimproved. Structures and improvements to be located in or adjacent to the open space shall conserve and enhance the amenities of the area and be designed to be compatible with the topography and natural features of the site.
(f)
Fences, Walls and/or Vegetative Screens. Fences, walls and/or vegetative screens shall be provided at the edges of a commercial or industrial PD where needed to protect adjacent property owners or residents from undesirable views, glare, noise or other on-site influences. Particular attention in this regard shall be given whenever a commercial or industrial PD abuts property zoned for or utilized as residential.
(g)
Residential uses are subject to the following:
1.
Commercial and Industrial Planned Developments are intended to be primarily commercial, business, institutional or industrial in nature. However, land which is a part of a Commercial and Industrial Planned Development may be used for residential uses as approved in the General Development Plan if such uses are compatible with nearby land uses, are secondary to the primary commercial and industrial uses and clearly enhance the quality, enjoyment and value of the commercial and industrial portion of the Commercial and Industrial Planned Development.
2.
The total land area devoted to residential uses shall not exceed 10 percent of the gross land area of the Commercial and Industrial Planned Development.
3.
Permitted residential uses in a Commercial and Industrial Planned Development shall be restricted to multiunit buildings.
4.
No building permit for any residential use shall be issued prior to the complete construction of at least 20 percent of the nonresidential floor area within the Commercial and Industrial Planned Development.
(12)
MIXED-USE PLANNED DEVELOPMENTS. For large-scale projects, including those involving the reuse of older buildings or sites, the Plan Commission may allow uses within a Planned Development which are not allowed within the underlying zoning district, provided the Plan Commission finds them to be compatible and harmoniously incorporated into the unitary design of the Planned Development and consistent with the purpose of this chapter, as provided in subsection (1). This can include a mix of uses within the same structure. With the approval of a Mixed-Use Planned Development, the Plan Commission shall also approve, as part of the General Development Plan for the property, a plan that specifies how individual types of land uses may potentially be located or integrated within the project.
(13)
TRADITIONAL NEIGHBORHOOD PLANNED DEVELOPMENTS. Proposed developments contemplated by an applicant to include design features described as "traditional neighborhood development" in §66.1027(1)(c), Wis. Stats., may be considered for Planned Development approval at locations determined appropriate, including appropriate conditions, by the Common Council, with recommendation of the Plan Commission. A document identified as "A Model Ordinance for Traditional Neighborhood Development", dated December 2000, published by the University of Wisconsin — Extension pursuant to §66.1027 (2), Wis. Stats., shall serve as a nonexclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the Plan Commission and Common Council may choose to consult.
Proposed developments contemplated by an applicant to include design features described as "traditional neighborhood development" in §66.1027(1)(c), Wis. Stats. (1999—2000), may be considered for approval at locations determined appropriate by the City of Chippewa Falls under this section, including appropriate conditions.
A document identified as "A Model Ordinance for Traditional Neighborhood Development", dated December 2000, published by the University of Wisconsin Extension pursuant to §66.1027(2), Wis. Stats., shall serve as a nonexclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the Plan Commission and local governing body may choose to consult. Consideration and approval of all Traditional Neighborhood Developments shall follow approval procedures outlined in §17.26, PUD Planned Unit Development Regulations, of the City of Chippewa Falls Municipal Code.
(1)
GENERAL PURPOSE. This district is intended to provide for individual or small groups of business and professional offices. The character, appearance and operation of which is compatible with the character of the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 18 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area Principal, 1,000 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet. (A building may be erected to a height of 60 feet if setback from all required yard lines is increased a distance of one foot for each foot of additional height above 45 feet.)
Maximum Permitted for Accessory Structure, 25 feet.
(6)
PERMITTED USES.
(a)
Office or office building, clinic or studio, prescription pharmacy and medical laboratory; provided that no building shall be constructed with, or altered to create, a store front, show window or display window; that there shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and that no machinery or equipment, other than that customarily used in business and professional offices, shall be used or stored in the building or on the lot.
(b)
Single-family dwellings.
(c)
Two-family dwellings.
(d)
Churches.
(e)
Accessory building or use, including a private garage, carport, and paved parking areas customarily incident to the above uses, but not involving the conduct of business.
(f)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(7)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Nursing homes, homes for the elderly and hospitals.
(c)
Day care centers for 9 or more children, subject to State licensing requirements.
(d)
Multifamily dwelling units.
(e)
Commercial service facilities, in apartment buildings, provided it is intended solely to serve the occupants of the premises.
(f)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is established to accommodate those professional, office, and institutional uses which are specifically compatible to one another and often located separate from commercial and retail uses. The district is intended to provide for individual sites for professional, office, and institutional buildings serving the needs of both the neighborhood and of the larger community area. It is intended that the uses permitted in this district shall be located and designed to be in harmony with the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Side Yard, 8 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 10,000 square feet.
Minimum Width, 100 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area (in square feet), none.
(5)
HEIGHT.
Maximum Permitted For Principal Structure, 45 feet.*
Maximum Permitted For Accessory Structure, 25 feet.
* A building may be erected to a height of 60 feet if the setback from any required yard lines abutting any residential district, P-1 Public and Institutional District, or CN Conservancy District is increased a distance of one foot for each foot of additional height above 45 feet. A building may exceed 60 feet if a Conditional Use Permit is approved by the Plan Commission as provided for in §17.47.
(6)
PERMITTED USES.
(a)
Professional services and offices such as lawyers, accountants, engineers, architects, real estate, insurance, doctors, dentists, clergy, or other similarly recognized profession.
(b)
Hospitals, medical clinics, and pharmacies.
(c)
Government and public utility offices.
(d)
Studios for photography, painting, music, dance, or other recognized fine arts.
(e)
Financial businesses such as brokerage houses, banks, credit unions, and savings and loan institutions.
(f)
Technical colleges, colleges, and universities.
(g)
Libraries, museums, and art galleries.
(h)
Accessory building or use, including a private garage, carport, and paved parking areas customarily incident to the above uses, but not involving the conduct of business.
(i)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(j)
Signs in conformity with the sign ordinance of Chippewa Falls.
(k)
Parking as required in Article V of this chapter.
(l)
Industrial, commercial, and business headquarters, when not adjacent to their manufacturing or retail operations.
(7)
CONDITIONAL USES. (Am. #99-25)
(a)
Radio and TV studios.
(b)
Day care establishments.
(c)
Veterinary clinics, provided that no service, including the boarding of animals, is offered outside of an enclosed building.
(d)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(e)
Buildings exceeding 60 feet in height.
(f)
Community living arrangements, community based residential facilities, and residential care apartment complexes, subject to State of Wisconsin licensing requirements. (Cr. #2015-02)
(1)
GENERAL PURPOSE. This district is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood and the character, appearance and operation of which are compatible with the character of the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Retail stores and shops offering convenience goods and personal services and not exceeding 1,500 square feet of primary floor area.
(b)
Business, professional, or public service office not exceeding 1,000 square feet of primary floor area.
(c)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(d)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable and telephone distribution liens and other related accessories subject to approval by the City Public Works Department.
(6)
ACCESSORY BUILDINGS OR USES.
(a)
Residential quarters for the owner, proprietor, employer or caretaker located in the same building as the business and, providing a minimum residential floor area of 600 square feet.
(b)
Garages for storage of vehicles used in conjunction with the operation of the business.
(c)
Off-street parking and loading areas, located in the rear yard only, and as required in §§17.38—17.43 of this chapter.
(d)
Any other normal accessory structure or use.
(7)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Nursing homes, homes for the elderly and hospitals.
(c)
Day care centers, subject to State licensing requirements.
(d)
Rental apartments as a secondary use provided each apartment has a minimum residential floor area of 600 square feet.
(e)
Funeral homes.
(f)
Retail stores and shops with a primary floor area larger than 1,500 square feet.
(g)
Business, professional or public service office with a primary floor area larger than 1,000 square feet.
(h)
Automobile service stations.
(i)
Taverns and restaurants.
(j)
Laundromats and dry cleaners.
(k)
Transmission lines, antennas and towers, including, but not limited to, electric gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a more general retail and wholesale nature and office and service facilities serving a larger community trade area. The size and location should be based upon the relationship to the total community need and economy.
(2)
SETBACKS.
Minimum Front Yard, 15 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 5,000 square feet.
Minimum Width, 50 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Retail stores and shops.
(b)
Community and customer service establishments such as, but not limited to, the following:
1.
Business, professional, public service, banking, and savings and loan offices.
2.
Restaurants, taverns, theaters, bowling alleys, night clubs and other indoor commercial entertainment facilities.
3.
Laundromats, coin operated dry cleaning establishments, and laundry or dry cleaning pickup stations.
4.
Private clubs and lodges.
5.
Automobile service stations.
6.
Service and sales establishments for automobiles, not including the storage of junked or wrecked automobiles and parts.
(c)
Commercial studios, display galleries and vocational training schools.
(d)
Rental apartments as a secondary use on a non-ground floor level and providing a minimum residential floor area of 400 square feet.
(e)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(f)
Churches.
(g)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Hotels and motels. (Cr. #94-3)
(i)
Interior unit self-service storage facility consisting of a building with all units having an access door from an interior hallway. There shall be a separate secure 24 hour access entrance to interior units. Operations shall include a retail store front of related commercial activity. (Cr. #2017-12)
(6)
ACCESSORY BUILDINGS OR USES.
(a)
Garage for storage of vehicles used in conjunction with the operation of the business.
(b)
Off-street parking and loading areas located in §§17.38—17.43 of this chapter. (Am. #91-26)
(c)
Any other normal accessory structure or use.
(7)
CONDITIONAL USES.
(a)
Nursing homes, home for the elderly and hospitals.
(b)
Animal hospitals.
(c)
Appliance and small machinery repair establishments.
(d)
Lumber and building supply yards.
(e)
Commercial parking facilities.
(f)
Printing and publishing houses and related activities.
(g)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(h)
Day care centers, subject to State licensing requirements.
(i)
Personal storage facilities (self-storage/mini-warehouse) which means the primary use of a building containing individual, compartmentalized and controlled access spaces, rooms or lockers that are leased, rented or owned by different individuals for the storage of individual possessions or personal property. Building materials and architectural design features shall be consistent with the general design theme of the surrounding development. (Cr. #2017-17)
(1)
GENERAL PURPOSE. This district is intended to provide appropriate regulations to insure the compatibility of the diverse uses typical of the downtown area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other activities which contribute to its role as the heart of the City.
(2)
SETBACKS. None required, however, side yards when adjacent or abutting to residential districts will maintain a setback of 10 feet and rear yards when adjacent or abutting to residential districts will maintain a setback of 25 feet. Where side yards are provided a minimum of 10 feet shall be maintained.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 40 feet.
(4)
PERMITTED USES.
(a)
Retail stores and shops; churches.
(b)
Community and customer service establishments such as, but not limited to, the following:
1.
Business, professional, public service, banking, and savings and loan offices.
2.
Restaurants, taverns, theaters, bowling alleys, night clubs and other indoor commercial entertainment facilities.
3.
Laundromats, coin operated dry cleaning establishments, and laundry or dry cleaning pickup stations.
4.
Private clubs and lodges.
5.
Automobile service stations.
6.
Service and sales establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(c)
Commercial studios, display galleries, museums, libraries and vocational training schools. (Am. #98-12)
(d)
Rental apartments as a secondary use on a non-ground floor level and providing a minimum residential floor area of 400 square feet.
(e)
Printing and publishing houses and related activities.
(f)
Transportation terminals, not including trucking.
(g)
Commercial parking facilities.
(h)
Hotels and motels.
(i)
Appliance and small machinery repair establishments.
(j)
Signs in conformance with the sign ordinance of Chippewa Falls [Chapter 19].
(k)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Garage for storage of vehicles in conjunction with the operation of the business.
(b)
Off-street parking and loading areas as required in §§17.38—17.43 of this chapter. (Am. #97-29)
(c)
Any other normal accessory structure or use.
(6)
CONDITIONAL USES.
(a)
Rental apartments on the ground floor level.
(b)
Lumber and building supply yards.
(c)
General warehousing.
(d)
Experimental, testing and research laboratories.
(e)
Transmission lines, antennas and towers including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Day care centers, subject to State licensing requirements.
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 12,000 square feet.
Minimum Width, 100 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Drive-in establishments providing service to customers without the necessity of their entering the building.
(b)
Gasoline service stations and truck stops.
(c)
Motels and motor hotels.
(d)
Outdoor sales areas such as garden shops, nursery or horticulture.
(e)
Lumber and building supply yards.
(f)
Restaurants.
(g)
Commercial entertainment facilities.
(h)
Churches.
(i)
Accessory building or use including a garage and paved parking areas customarily incident to the above uses, as required in §§17.38—17.43 of this chapter.
(j)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(k)
Sales and service establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(l)
Business, professional, public service, banking, and savings and loan offices.
(m)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(n)
Interior unit self-service storage facility consisting of a building with all units contained within that building and all units having an access door from an interior hallway. There shall be a separate, secure 24 hour access entrance to interior units. Operations shall include a retail store front of related commercial activity. (Cr. #2017-12)
(6)
CONDITIONAL USES.
(a)
Outdoor theaters, summer theaters and outdoor music amphitheaters.
(b)
Kennels.
(c)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(d)
Personal storage facilities (self-storage/mini-warehouse) which means the primary use of a building containing individual, compartmentalized and controlled access spaces, rooms or lockers that are leased, rented or owned by different individuals for the storage of individual possessions or personal property. Building materials and architectural design features shall be consistent with the general design theme of the surrounding development. (Cr. #2017-17)
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping in appropriately landscaped grounds of manufacturing or industrial operations which, on the basis of physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors; and to establish such regulatory controls as will reasonably insure compatibility with the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 35 feet.
(4)
PERMITTED USES.
(a)
Manufacturing, assembly, fabrication and processing plants and similar type industrial operations, not involving operational characteristics which would adversely affect surrounding uses or be basically incompatible with surrounding environmental character and not involving any substantial type of heavy trucking. Such as, but not limited to, the following: art needle work, hand weaving, tapestries, books, hand binding and tooling, compounding of cosmetics and pharmaceuticals, jewelry, precious metals, clay, leather, metal and glass products of a handicraft nature, medical, dental and drafting instruments, optical goods and equipment, watches, clocks and other similar precision instruments, small electronic or electrical apparatus, musical instruments and toys, radio and television broadcasting stations and studios, but not including sending or receiving towers, manufactured products from paper, but not the manufacture of pulp and paper.
(b)
Office buildings.
(c)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations, etc.
(d)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products, or any significant degree of danger or undesirable operational characteristics.
(e)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR PREMISES.
(a)
Office, storage, power supply, and other such uses normally auxiliary to the permitted principal use.
(b)
Off-street parking and loading facilities as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard or caretaker.
(6)
CONDITIONAL USES.
(a)
General warehousing, not to include open storage.
(b)
Lumber and building supply yards.
(c)
Kennels and animal hospitals.
(d)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for manufacturing, industrial and related uses of a limited nature and size in situations where such uses are not in basic industrial groupings and where the relative proximity to other uses requires more restrictive regulations.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 40 feet.
(4)
PERMITTED USES.
(a)
All uses permitted in §17.32(4)(a).
(b)
Manufacturing, assembly, fabrication and processing plants of a limited scope and not involving operational characteristics which would adversely affect surrounding uses or be basically incompatible with surrounding environmental character and not more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment. Such as, but not limited to the following: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering of fats and oils and the vining of peas. Such as, but not limited to: articles made from previously prepared materials such as: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, wax, wire, yarns, and the like, musical instruments, toys, novelties, rubber or metal stamps and other small molded rubber products, fabrication and repair of electric or neon signs or other commercial advertising structures, light sheet metal products and the like; assembly and manufacture from prefabricated parts of household appliances, electronic products and similar products or the processing or assembling of parts for the production of finished equipment.
(c)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products or any significant degree of danger or undesirable operational characteristics.
(d)
Printing and publishing houses and related activities.
(e)
Tool making, cabinetry and repair shops.
(f)
General warehousing and not involving more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment.
(g)
Lumber and building supply yards and not involving more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment.
(h)
Automobile body repair shop, not including the storage of junked or wrecked automobiles and parts.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(k)
Industrial product sales businesses involved in the sale, rent or lease of products generally intended for industrial or commercial users, with sales being either wholesale or retail. Industrial product sales may include the sale of machinery, equipment, special trade tools, welding supplies, office/industrial furniture and fixtures, restaurant equipment, and securing and surveillance equipment. Industrial product sales shall not include firms that are primarily engaged in retail sales to the general public. (Cr. #05-26)
(l)
Industrial service businesses involved in the repair or servicing of industrial or business machinery, equipment, or products, and businesses that provide specialized services for industries and businesses. Industrial service businesses may include welding shops; machine shops; tool and appliance repair, electric motor repair; enameling and plating; truck and large equipment repair and storage; headquarters for building, heating, plumbing, or electrical contractors; security and surveillance contractors; laundry, drycleaning, and carpet cleaning plants; and photo finishing laboratories. Industrial services shall not include outdoor services or activities for repair or salvage. (Cr. #05-26)
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Office, storage, power supply and other such uses normally auxiliary to the principal use.
(b)
Off-street parking, loading and service facilities, as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard or caretaker.
(6)
CONDITIONAL USES.
(a)
Kennels and animal hospitals, laboratories using animal products.
(b)
Transportation terminals including trucking.
(c)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses.
(d)
Office buildings.
(e)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than in the I-2 district in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residence districts.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 50 feet.
(4)
PERMITTED USES.
(a)
Manufacturing, assembly, fabrication and processing plants.
(b)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products or any significant degree of danger or undesirable operational characteristics.
(c)
Printing and publishing houses and related activities.
(d)
Tool making, cabinetry and repair shops.
(e)
General warehousing.
(f)
Transportation terminals including trucking.
(g)
Lumber and building supply yards.
(h)
Automobile body repair shops, not including the storage of junked or wrecked automobiles and parts.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Office, storage, power supply and other such uses normally auxiliary to the principal use.
(b)
Off-street parking, loading and service facilities, as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard, or caretaker.
(6)
CONDITIONAL USES.
(a)
Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives, fertilizers or glue.
(b)
Rendering plants, refineries or tanneries.
(c)
Stockyards or slaughterhouses.
(d)
Junk or salvage yards.
(e)
Storage of explosives except as incidental or a permitted use and storage of gasoline or petroleum in excess of 50,000 gallons.
(f)
Automobile body repair shops, including the storage of junked or wrecked automobiles and parts.
(g)
Animal hospitals, kennels and laboratories using animal products.
(h)
Any similar uses which in the opinion of the Plan Commission would be hazardous, noxious or offensive to the surrounding area.
(i)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses.
(j)
Any other uses not previously stated or permitted elsewhere.
(k)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum, and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substation, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. (Am. #99-25) This district is intended to provide specifically, defined areas where churches, schools, nursing homes, residential care apartment complexes, libraries, parks and other uses of a public or institutional nature are the primary use.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 15 feet.
Minimum Rear Yard, 25 feet.
Minimum Aggregate Side Yard, 30 feet.
(3)
LOT SIZE. (Am. #99-25)
Minimum Area:
(a)
Building sites, minimum 7,200 [square feet].
(b)
Residentail care apartment complexes:
1.
One to 4 residential units, 8,400 square feet.
2.
More than 4 residential units, 8,400 square feet, plus 1,200 square feet for each additional residential unit over 4.
Minimum Width, 80 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 35 feet.
(5)
PERMITTED USES.
(a)
Public and private schools.
(b)
Churches and religious institutions.
(c)
Libraries, museums, art galleries and concert halls.
(d)
Cemeteries and mausoleums.
(e)
Parks, parkways, historical sites, recreational facilities and nature areas.
(f)
Public administrative offices and public service buildings.
(g)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Accessory building or use including a garage or paved parking areas.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Parking as required in §§17.38—17.43 of this chapter.
(k)
Alcoholic beverage and food service facilities basically accessory to a permitted principal use, but open to the public and operated as a business, upon obtaining any required license or licenses.
(l)
Nursing homes. (Cr. #99-25)
(m)
Residential care apartment complexes with a minimum required floor area of 250 square feet per residential unit. (Cr. #99-25)
(6)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Hospitals. (Am. #99-25)
(c)
Public service yards.
(d)
Radio and television transmission and relay towers.
(e)
Service facilities, other than alcoholic beverage and food service facilities, basically accessory to a permitted principal use, but open to the public and operated as a business, upon obtaining any required license or licenses.
(f)
Roadside stands for the sale only of products raised on the premises operated by the resident and subject to the following:
1.
Off-street parking for a minimum of 4 vehicles shall be provided.
2.
No stand shall be permitted in a location where it would create a traffic hazard or nuisance, and where permitted, driveways shall be located to minimize possible interference with normal flow of highway traffic.
3.
No such stand shall be closer than 30 feet to the existing street line or closer than 20 feet to any other lot line.
4.
Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.
5.
A general sign to advertise the stand, not more than 12 feet square in area, shall be permitted.
(g)
Accessory building or use including a private garage carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum, and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. To preserve and perpetuate in an open state certain areas, such as, but not limited to, lakes and waterways, wetlands and marshes, floodplains and streambeds, woodlands, and other areas of aesthetic value which, because of their unique physical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green belts and other multiple purpose uses beneficial to the community.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 15 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area or Width: None.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(5)
PERMITTED USES.
(a)
Management of forestry, wildlife and fish.
(b)
Fishing.
(c)
Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries and tree seeds.
(d)
Parks and forest preserves.
(e)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(6)
CONDITIONAL USES.
(a)
Dams and water storage and pumping facilities.
(b)
Public utility offices, transmission lines, antennas and towers, including but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(c)
Public parking areas that are directly elated to the use of the Conservancy District.
(d)
Designated bicycle and hiking trails.
(1)
PURPOSE. It is the intent and purpose of this section to regulate the placing of mobile homes of all types and varieties in the City of Chippewa Falls with regard to providing adequate standards to protect the public health, safety, morals, convenience and general welfare.
(2)
OCCUPANCY. No mobile home as defined in this chapter shall be occupied or used for living or sleeping purposes unless it is located in an area that has been granted a Special Use Permit by the City Council in accordance with the procedures set forth in this section. Temporary mobile homes or recreational vehicles used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the Zoning Administrator.
(3)
SPECIAL REGULATIONS FOR MOBILE HOME PARKS. The following regulations shall apply to mobile home parks:
(a)
Purpose. The mobile home park, as defined in §17.02 is established to:
1.
Provide regulations and standards for the development of a safe, healthy and well designed community for permanent mobile home living.
2.
Provide, in appropriately located areas within specific zoning districts, sites for mobile home living developed at reasonable density consistent with sound standards of public health and safety.
3.
Comply as much as possible with the objectives and purposes of each zoning district in which mobile home parks are located.
4.
Insure adequate light, air, access and open space for each mobile living unit.
5.
Regulate the mobile home park such that it will complement the land use policy of the zoning district.
(b)
Placement. Mobile home parks may be permitted in the R-3A and R-3B Districts in accordance with the provisions of this chapter.
(c)
Administration.
1.
Mobile Home Park Applications. New mobile home parks, as herein defined, shall require a special use permit, issued in accordance with the provisions of §17.48, Special Use Regulations, of this chapter. Applications for a special use permit shall contain the following information:
a.
Name and address of the applicant. If the owner of the land is other than the applicant, a duly verified statement by the owner that the applicant is authorized by him to construct the proposed park and make the application.
b.
Location and legal description of the proposed mobile home park.
c.
Existing easements/covenants affecting the property.
d.
Land characteristics, such as natural drainage, swamp areas and wooded areas.
e.
Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities.
f.
Complete preliminary engineering plans and specifications of the proposed park showing, but not limited to, the following:
1)
The area and dimensions of the tract of land.
2)
The number, location and size of all mobile home lots, and the location of common and recreational areas.
3)
The location and width of roadways and walkways.
4)
The location of the mobile home stands within the mobile home lot, including a detailed sketch of at least one typical mobile home space and stand therein.
5)
Plans and specifications of all utilities including: sewage collection and disposal, storm water drainage, water distribution and supply, solid waste storage and collection, lighting, electrical telephone and TV antenna systems.
6)
The number, location and size of all individual and common parking areas.
7)
Landscaping plans for the entire park, including a planting plan for the buffer strip.
8)
Plans and specifications of all buildings to be located within the park.
9)
Written statements describing proposed park operations, management, and maintenance including proposed fees and charges and rules to be established by the operator for conduct of persons within the park.
10)
Such other plans and specifications and information as may reasonably be required by the Plan Commission or City Council.
2.
Plan Commission Review and Recommendations. The Plan Commission shall review the Special Use Permit application to determine its conformity with land development trends in the community; standards of the Chippewa Falls Land Use Plan; and recognized principles of design, land use planning and landscape architecture. The Plan Commission shall forward the Special Use Permit application to the City Council with a recommendation that it be:
a.
Approved;
b.
Approved with conditions;
c.
Approved with modifications;
d.
Disapproved.
This communication must be made within 60 days of receipt of the Special Use Permit application.
3.
Determination of City Council. After receipt of the recommendation of the Plan Commission, the City Council shall make its determination regarding the Special Use Permit in accordance with §17.48, Special Use Regulations, of this chapter.
a.
Findings of Facts: Within 30 days after the close of the public hearing in regards to the proposed Special Use Permit, the City Council shall approved, approve with conditions, approve with modifications, or disapprove the Special Use Permit. For the City Council to make an affirmative recommendation, it must find in each of the following instances that:
1)
The establishment of a proposed mobile home park will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2)
The proposed mobile home park will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
3)
The proposed mobile home park will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.
4)
Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being, or will be provided.
5)
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(d)
Mobile Home Park Requirements.
1.
Park Size. The minimum size of a mobile home park shall be 5 acres.
2.
Density. The maximum density for mobile home parks shall be 8 mobile home units or lots per gross acre.
3.
Setbacks. No mobile home shall be located closer than 25 feet from any park property boundary line.
4.
Drainage and Landscaping. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner away from the mobile home stand; all mobile home sites shall be sodded or seeded and the park shall be attractively landscaped in accordance with a plan submitted at the time of initial permit application.
5.
Recreation Areas. Each park shall contain a recreation area. A minimum of one-half acre of area for such use shall be provided for each 100 sites. The minimum area in a park shall be one-half acre.
6.
Screening. All mobile home parks shall be provided with a screening of trees or shrubs along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. Within 6 months after issuance of the appropriate licenses and permits for the occupation of such mobile home park, the following plantings shall be established:
a.
A permanent planting of trees and shrubs so arranged and in sufficient numbers so as to form a solid wall of plant material. such planting shall be a minimum height of 2 feet at the original time of planting and shall be grown or maintained at a height of not less than 10 feet, except where line of sight vision is necessary for pedestrian or vehicular traffic safety.
7.
Permitted Uses. The following uses are permitted within mobile home parks:
a.
Mobile homes used for single-family residential uses.
b.
One single-family dwelling per park for the owner, operator or caretaker thereof.
c.
Service buildings such as park offices, laundromats, and recreational buildings provided that such uses be subordinate to the residential character of the park and are intended for use primarily by park residents.
d.
Accessory structures such as storage sheds, porches and carports as approved by the park management. Accessory structures shall meet the minimum setback requirements prescribed for the basic mobile home unit.
e.
Home occupations as permitted in §17.12 of this chapter.
8.
Prohibited Uses.
a.
Commercial sales of mobile homes.
b.
Dependent mobile homes and recreational vehicle shall be prohibited from placement and occupancy within mobile home parks.
9.
Access, Street and Parking Requirements.
a.
General Requirements: All mobile home stands shall be provided with safe, convenient access to public streets and roads. Such access shall be provided by private streets located within the park boundaries.
b.
Park Entrances: Entrances to parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No entrance shall be from a local road through a residential subdivision.
c.
Interior Streets: Paving requirements for interior streets shall adhere to locally applicable codes and shall meet the following width standards:
2-way street, parking on both sides: 32 feet.
2-way street, parking on one side: 25 feet.
2-way street, parking prohibited: 18 feet.
1-way street, parking on one side: 22 feet.
1-way street, parking prohibited: 14 feet.
d.
Parking Requirements:
1)
A minimum of 2 improved parking spaces shall be provided for each mobile home, one of which will be on the mobile home site.
2)
An open, well drained, dust free storage area for the parking of boats, trailers and outside vehicles shall be provided. The minimum size of such area shall be 100 square feet per mobile home site. The storage area shall be fenced to prevent access from outside the park.
3)
Walkways. Pedestrian walkways shall be provided in the area of the service buildings, along major streets, and other locations of anticipated heavy foot traffic. Walkways shall be a minimum of 3 feet wide and be dust free. In addition, each mobile home stand shall be provided with a walkway from the stand to the street or parking space.
10.
Sanitation. All appropriate state, county and City sanitation regulations shall be strictly observed.
11.
Utilities. All utilities, including television and telephone services shall be underground whenever possible.
(e)
Mobile Home Site Requirements. Each site for the placement of mobile homes shall be clearly staked or otherwise delineated and shall meet the following standards:
1.
Minimum Lot Size. Individual lots within the mobile home. park shall contain an area of not less than 5,000 square feet and shall have a minimum width, at the narrowest point, of 50 feet.
2.
Mobile Home Stand. A mobile home stand with minimum dimensions of 17 feet by 70 feet intended for the actual placement of the mobile home shall be provided on each mobile home site. The stand shall be hard surfaced with asphalt, concrete or similar material and provide adequate drainage and support against settling and frost heave. The mobile home stand shall be equipped with tie downs and anchors to secure the mobile home against winds.
3.
Required Separation Between Mobile Homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or porch attached to the mobile home shall, for purposes of separation requirements, be considered a part of the mobile home. The basic unit shall not occupy in excess of one-fourth of the area of the lot and the complete unit including all accessory structures shall not occupy more than one-half of the area of the lot.
4.
Setback and Buffer Strips. Each mobile home shall be located at least 5 feet from any mobile home lot line. There shall be a minimum setback of the mobile home of 20 feet from the front, or main street side of the lot and of at least 10 feet from the rear of the lot. All mobile homes shall be located at least 25 feet from any park property boundary line.
5.
Skirting. Skirting shall be placed and maintained around the base of all mobile homes.
The following zoning district classifications are hereby created and established for the purpose of this chapter:
(1)
AGRICULTURAL.
(a)
A-1 Agricultural District.
(2)
RESIDENTIAL.
(a)
R-1A Single-Family Residence District.
(b)
R-1B Single-Family Residence District.
(c)
R-1C Single-Family Residence District.
(d)
R-2 Two-Family Residence District.
(e)
R-3A Multifamily Residence District.
(f)
R-3B Multifamily Residence District.
(g)
R-3-4 Multifamily Residence District. (Am. #97-29)
(h)
R-3-8 Multifamily Residence District. (Am. #97-29)
(i)
R-3M Multifamily Residence District. (Am. #97-29)
(3)
OFFICE.
(a)
O-1 Office District.
(4)
COMMERCIAL.
(a)
C-1 Neighborhood Shopping District.
(b)
C-2 General Commercial District.
(c)
C-3 Central Business District.
(d)
C-4 Highway Commercial District.
(5)
INDUSTRIAL.
(a)
I-1 Limited Industrial District.
(b)
I-2 Light Industrial District.
(c)
I-3 Heavy Industrial District.
(6)
PUBLIC AND INSTITUTIONAL.
(a)
P-1 Public/Institutional District.
(7)
CONSERVANCY.
(a)
CN Conservancy District.
The City of Chippewa Falls is hereby divided into zoning districts as shown upon a map designated as the Zoning District Map and all the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The Zoning District Map shall be properly attested and kept on file along with the rest of the official zoning regulations in the Office of the City Clerk.
(1)
The District Boundaries shall be determined by measurement from and as shown on the Zoning District Map, and in case of any question as to the interpretation of such boundary lines the Plan Commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
(2)
Whenever any street, alley or other public way is vacated by official action of the City Council, the Zoning District adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then henceforth be subject to all appropriate regulations of the extended districts.
(3)
AMENDMENTS. The Zoning District Map was amended by the following ordinances:
A lot of record at the time of adoption of this chapter, which does not meet the minimum lot area and width requirements of this chapter, shall be considered a buildable lot provided front and rear setbacks are met. Where a lot of record at the time of adoption of this chapter is less than 66 feet in width, the required side yard may be reduced to 10 percent of the width of the lot, provided no side yard shall be less than 3 feet.
(1)
HEIGHT.
(a)
In any district, no building or structure shall be hereafter erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district.
(b)
The height regulations prescribed herein shall not apply to chimney and flues, electrical transmissions and distribution facilities, cooling towers, elevator bulkheads, fire towers,, monuments, penthouses, stacks, scenery lofts, tanks, masts, aerials, silos, conveyors, flag poles and necessary mechanical appurtenances.
(c)
Public, semi-public, public utility or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet when the required front, side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(2)
SETBACKS.
(a)
No buildings shall hereafter be erected, structurally altered, or relocated so that any enclosed portion thereof is closer to the yard line than the setback distance hereinafter specified by the regulations of the district in which it is located with the following exceptions applicable only where the setback requirements affecting all properties are identical and provided that in no case shall a building be permitted forward of the yard line. Overhanging eaves and gutters projecting into the yard shall be subject to the provisions stated in §7.08(8) of this chapter.
(b)
When 40 percent or more of the frontage on one side of the street between 2 intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.
(c)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided the buildable width of a lot of record shall not be reduced to less than 28 feet nor closer than 5 feet to any side lot line.
(d)
On lots having double frontage the required front yard shall be provided on both streets.
(e)
Any such required setback shall be landscaped and kept clean and free from the accumulation of debris or refuse, and shall not be used for the storage or display of equipment, products, vehicles or any other material except as may be specifically otherwise permitted under this chapter.
(f)
A setback of 20 feet from the property line abutting an alley is required for all residential garages, whether attached or detached, where the garage entrance is perpendicular to the alley. (Cr. #97-30)
(3)
Dwelling groups as defined in §17.02 of this chapter shall be subject to the following provisions:
(a)
In the R-3A, R-3B, R-3-4, R-3-8, and R-3M districts, more than one dwelling may be permitted on a zoning lot, subject to the following. In addition to the yards and setbacks established by this chapter, the following setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot: (Am. #97-30)
1.
Side to Side. A minimum of 30 feet is required.
2.
Side to Back. A minimum of 30 feet is required.
3.
Front to Front. A minimum of 40 feet is required.
4.
Front to Side. A minimum of 30 feet is required.
5.
Front to Back. A minimum of 40 feet is required.
6.
Back to Back. A minimum of 40 feet is required.
7.
All yards shall be increased by one foot for every increase of 4 feet, or fractions thereof, in height if either of the adjacent buildings are greater than 25 feet in height.
(1)
The regulations as set forth in this chapter are made specifically applicable to each individual district as hereinafter set forth in the individual district regulation summary.
(2)
All property in the City has been placed in one of the basic districts created for the purpose of establishing the general pattern of intended land use consistent with the general plan for comprehensive development.
(3)
Single-family and two-family dwellings in all districts where they are allowed shall have a minimum core living area of 20′×20′ and shall be installed on an enclosed foundation meeting with the standards set forth in subchapters III, IV and V of chapter ILHR 21, Wis. Adm. Code. (Cr. #95-27)
(4)
The Twin Home is intended to provide for development of zero lot line twin home development. Ownership of each unit will be on separate deeds. Compliance with State of Wisconsin one and 2 family Uniform Dwelling Code for attached units is required.
(a)
The plans specification and construction shall require the installation and construction of separate sewer, water and other utility services to each twin home dwelling.
(b)
Both lots containing attached twin home dwellings shall be held under the same ownership until the completion of construction of the twin home dwellings.
(c)
The exterior (such as siding), and roof materials on each attached twin home dwelling shall be the same color, quality and consistency. A maintenance agreement (party wall agreement), approved by the City Zoning Administrator, shall be entered into by the owners of the attached twin home dwelling in order to ensure that equal and reasonable maintenance and repairs are performed on the attached twin home dwellings. Alternatively, provisions for maintenance of common walls may be incorporated into applicable covenants to be reviewed and approved by the City. Such agreements or covenants shall be recorded in the Chippewa County Register of Deeds and a copy provided to the City Zoning Administrator prior to occupancy.
(d)
Easements necessary for water, sewer and utility services and the maintenance agreement shall be recorded with the Chippewa County Register of Deeds prior to occupancy.
(e)
A joint or attached driveway serving the attached twin home dwelling is permitted provided covenants addressing the maintenance of such driveways are in a form approved by the Department.
(f)
A statement shall be placed on the face of all Twin Home plats creating twin home dwelling lots stating: "When two attached, single family dwelling units are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe and/or maintenance, shall be guarded against by private agreements, covenants and deed restrictions and the City of Chippewa Falls shall not be responsible for the same.
(1)
GENERAL PURPOSE. This district is intended to provide for farming and other agricultural activities in those areas where existing non-farm residential development is not of dominant significance, but with adequate regulatory standards to protect the future potential of the area for its most suitable ultimate development.
(2)
SETBACKS.
Minimum Front Yard:
Residential building, 40 feet.
Nonresidential building, 60 feet.
Minimum Either Side Yard:
Residential building, 20 feet.
Nonresidential building, 30 feet.
(3)
LOT SIZE.
Minimum Area - NA
Minimum Width - NA
Minimum Required Floor Area:
Residential building:
One story, 1,000 square feet.
Ground floor of 2 story, 850 square feet.
Maximum Permitted Height:
Residential building, 35 feet.
Nonresidential building, 60 feet.
(4)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Farming, including the raising of livestock.
(c)
Truck gardening, nursery or horticulture.
(d)
Publicly owned or operated park, playground or community buildings provided any building shall be located not less than 50 feet from any side lot line.
(e)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(f)
Roadside stands only for the sale of products raised on the premises operated by the resident and subject to the following:
1.
Off-street parking for a minimum of 4 vehicles shall be provided.
2.
No stand shall be permitted in a location where it would create a traffic hazard or nuisance, and where permitted, driveways shall be located to minimize possible interference with normal flow of highway traffic.
3.
No such stand shall be closer than 30 feet to the existing street line or closer than 20 feet to any other lot line.
4.
Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.
5.
A general sign to advertise the stand, not more than 12 feet square in area, shall be permitted.
(g)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Signs in conformance with Chapter 19, Sign Regulations, of the Chippewa Falls Municipal Code.
(i)
Parking as required in §§17.38—17.43 of this chapter.
(j)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(5)
CONDITIONAL USES.
(a)
Public and private schools provided that any such building shall be located not less than 30 feet from any side line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas, and towers including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Day care centers for 9 or more children, subject to state licensing requirements.
(g)
Golf courses.
(h)
Commercial hatcheries.
(i)
Dairy processing plants.
(j)
Animal hospitals, kennels, and laboratories using animals or animal products.
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of low density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 20,000 square feet.
Minimum Width, 100 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 1,200 square feet.
Ground floor of 2 story, 1,000 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 30 percent of the gross area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playground or community buildings provided that any building shall be located not less than 35 feet from any side lot line.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water tower, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of a moderate density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 18 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 1,000 square feet.
Ground floor of 2 story, 850 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playground or community building provided that any building shall be located not less than 35 feet from any side lot lines.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being serviced by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide residential development for single-family homes of a higher density, set individually on separate lots.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 7,200 square feet.
Minimum Width, 66 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One story, 900 square feet.
Ground floor of 2 story, 750 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building accessory buildings.
(7)
PERMITTED USES.
(a)
Single-family dwellings.
(b)
Publicly owned or operated park, playgrounds, or community buildings provided that any building shall be located not less than 35 feet from any side lot line.
(c)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(d)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(e)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(f)
Parking as required in §§17.38—17.43 of this chapter.
(g)
Home occupations as required in §17.12.
(h)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(i)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot line.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into a two-family dwelling of a building which was in use as a residence on July 5, 1967, and which has, prior to such conversion, a floor area in excess of 1,200 square feet, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
3.
The open spaces surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants and to provide for their health, safety, comfort, and general welfare.
(i)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(j)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for two-family dwellings, such as duplexes, flats or apartment conversions in large older, single-family dwellings.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet. Twin home lots require a minimum 8 foot side yard setback on each unattached side
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area, 7,200 square feet.; 3,600 square feet per dwelling unit for a twin home.
Minimum Width, 66 feet.; 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area of Principal Building:
One family, 900 square feet.
Two-family, 1,200 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 14 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Publicly owned or operated park, playground, or community buildings provided that any building shall be located not less than 35 feet from any side lot lines.
(e)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(f)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(g)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Home occupations as required in §17.12.
(j)
Day care centers limited to not more than 8 children, subject to state licensing requirements.
(k)
Community living arrangement (see §17.02) which has a capacity for 8 or fewer persons being served by the program, subject to state licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to state licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal mental institution.
(i)
Boarding and lodging houses.
(j)
In appropriate cases and subject to appropriate conditions and safeguards, the alteration or conversion into not less than 2 nor more than 4 dwelling units per structure of a building which was in use as a residence on July 5, 1967, provided:
1.
The enclosed usable area of the building shall not be increased nor shall the height of the building be increased.
2.
A minimum of 600 square feet shall be provided for each dwelling unit.
3.
The open space surrounding the building shall be of a sufficient size to accommodate the parking needs of the occupants.
4.
Adequate measures have been or will be taken to provide for the health, safety, comfort and general welfare of the occupants.
5.
Living quarters shall not be provided except in those portions of the building devoted to or designed for living quarters on July 5, 1967.
(k)
Community living arrangement (see §17.02) which has a capacity for 9 or more persons being served by the program, subject to state licensing requirements.
(l)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for apartments in low to moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #95-12; Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot.(Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet.
Two-family or more, 600 square feet a unit.
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 30 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Three-family dwellings.
(e)
Four-family dwellings (4-plex).
(f)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(g)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(i)
Parking as required in §§17.38—17.43 of this chapter.
(j)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(k)
Home occupations as required in §17.12.
(l)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(m)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for apartments in moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot. (Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings up to eight-plex apartment units.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for family or garden type apartments in moderate density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Width, 80 feet; 40 feet per twin home lot. (Am. #97-29)
Minimum Area:
(a)
One dwelling unit, 8,400 square feet.
(b)
Two dwelling units, 10,000 square feet. Twin homes, 5,000 square feet per twin home lot.
(c)
More than 2 dwelling units: Lots shall have the minimum of the larger of 12,000 square feet or:
1.
For efficiency, one, and 2 bedroom units, 3,000 square feet per unit;
2.
For 3 bedroom units or more, 3,750 square feet per unit.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for family or garden type apartments in moderately high density groupings in areas of basically residential character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 10 feet. Twin home lots require a minimum 10 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area:
One to 4 dwellings units, 8,400 square feet. Twin homes, 4,200 square feet per twin home lot.
More than 4 dwellings units 8,400 square feet plus 1,500 square feet for each additional unit over 4.
Minimum Width, 80 feet. 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 900 square feet;
Two-family or more, 600 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum allowable number of efficiency units allowed in a building restricted to 25 percent of the total units. (Am. #95-4)
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES.(Am. #2015-20; Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot lines.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(k)
Residential care apartment complexes. (Cr. #99-25)
(1)
GENERAL PURPOSE. This district is intended to provide for elevator, walk-up, efficiency or studio type apartments and apartment conversion in existing single-family dwellings in higher density groupings than R-5 in areas of central urban character.
(2)
SETBACKS. (Am. #2022-13)
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet. Twin home lots require a minimum 8 foot side yard setback on each unattached side.
Minimum Aggregate Side Yard, 16 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE. (Am. #2022-13)
Minimum Area:
One to 4 dwellings units, 7,200 square feet. Twin homes, 3,600 square feet per twin home lot.
More than 4 dwellings units 7,600 square feet plus 1,200 square feet for each additional unit over 4.
Minimum Width, 66 feet. 40 feet per twin home lot.
(4)
BUILDING SIZE.
Minimum Required Floor Area, Principal Building:
One-family, 800 square feet;
Two-family or more, 500 square feet a unit;
Efficiency apartments, 350 square feet per unit with the maximum number of efficiency units allowed in a building restricted to 25 percent of the total units. (Am. #95-4)
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet. (A building may be erected to a height of 60 feet if setback from all required yard lines is increased a distance of one foot for each foot of additional height above 45 feet.)
Maximum Permitted for Accessory Structure, 25 feet.
(6)
MAXIMUM LOT COVERAGE. Not more than 50 percent of the area of a lot shall be covered by the principal building and all accessory buildings.
(7)
PERMITTED USES. (Am. #2015-20; Am. #2022-13)
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Twin Homes.
(d)
Multiple-family dwellings.
(e)
Publicly owned or operated parks, playgrounds, or community buildings, provided that any buildings shall be located not less than 35 feet from any side lot line.
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Accessory building or use, including a private garage, carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Signs in conformance with Chapter 19, Sign Regulations, of the this Municipal Code.
(j)
Home occupations as required in §17.12.
(k)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(l)
Community living arrangement (see §17.02) which has a capacity for 15 or fewer persons being served by the program, subject to State licensing requirements.
(8)
CONDITIONAL USES.
(a)
Public and private schools, provided that any such building shall be located not less than 30 feet from any side lot lines.
(b)
Churches and other religious institutions, provided that any such building shall be located not less than 30 feet from any side lot line.
(c)
Private lodges and clubs.
(d)
Nursing homes, homes for the elderly and hospitals.
(e)
Public utility offices, transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants.
(f)
Golf courses.
(g)
Day care centers for 9 or more children, subject to State licensing requirements.
(h)
Institutions of an educational, eleemosynary or philanthropic nature, but not a penal or mental institution.
(i)
Boarding and lodging houses.
(j)
Commercial service facilities in apartment buildings, provided it is intended solely to serve the occupants of the premises.
(k)
Studio or efficiency apartments subject to the following:
1.
Each dwelling units shall be a minimum of 350 square feet of floor area and no more than one bedroom.
2.
Such additional requirements or conditions as the Plan Commission may feel necessary to insure that the units are intended and will serve as "efficiency or studio apartments" for individuals or childless families.
(l)
Community living arrangement (see §17.02) which has a capacity for 16 or more persons being served by the program, subject to State licensing requirements.
(m)
Residential care apartment complexes. (Cr. #99-25)
The Planned Development (PD) is a concept which encourages and permits variation in developments by allowing deviation in lot size, bulk or type of dwelling, density, lot coverage, types of land uses, and open space from that required in any one district covered in this chapter. A PD is any development to be constructed by a person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title or interest in the property and maintained by subsequent owners; located on a single tract; planned as an entity and therefore acceptable for development and regulation as one land use.
(1)
PURPOSE. A Planned Development is a conditional use permit process established for the following purposes:
(a)
Provide for concurrent processing and combining review and approval to simplify and shorten the development review process;
(b)
Provide for the orderly and functional arrangement of land uses and buildings;
(c)
Permit flexibility in site design, variety in development and mixed-use development;
(d)
Encourage well-planned neighborhoods through creative and imaginative planning;
(e)
Provide savings in infrastructure installation costs and energy use through the clustering of dwellings;
(f)
Create more functional active and passive open space areas within new development;
(g)
Achieve beneficial land use relationships with nearby areas;
(h)
Encourage development to be compatible with environmentally sensitive areas;
(i)
Preserve areas of natural or manmade scenic beauty and protect sites of historical or other commonly held values.
(j)
Provide for mixed-use development to allow locating stores, offices, restaurants, residences, public services, entertainment, workplaces and recreation spaces together or within walking distance of each other which promotes:
1.
Independence of movement, especially for the young, disabled and the elderly who can conveniently walk, cycle, or ride transit or locomotive aid;
2.
Living in close proximity to most daily living activities or needs;
3.
Safety through around-the-clock presence of people;
4.
Reduction in automobile use and parking, especially for shorter trips;
5.
Support for businesses and their employees, through nearby services and amenities;
6.
Support for those who work at home, through nearby services and amenities; and
7.
A variety of housing choices, so that the young and old, singles and families, and those of varying economic or physical ability may find places to live.
(k)
Provide for traditional neighborhood development.
(2)
DEFINITIONS. In addition to the definitions listed in §17.02 of this chapter, for the purposes of this section, the following terms shall have the meaning stated below:
(a)
Common Open Space. All land which is intended and reserved for the common use and enjoyment of the residents, tenants or occupants of the development.
(b)
Commercial and Industrial Planned Development. A Planned Development within which the predominant land uses are commercial, institutional and/or industrial. In general, at least 90 percent of the project area is in commercial, institutional and/or industrial uses. This type of Planned Development can include office, business or industrial parks, research and technology parks, and institutional, educational or medical campuses. Uses must complement each other and be harmoniously incorporated into the unitary design of the Commercial and Industrial Planned Development.
(c)
Developable Land. Land which is not restricted by regulations or natural limitations (such as floodplains, steep slopes, high groundwater, or other factors) from being developed.
(d)
Mixed-Use Planned Development. A Planned Development within which the types of land uses are mixed, there may be uses granted that are not normally permitted in an underlying district, there may be no discernible predominant type of land use, and individual buildings may be occupied by more than one type of land use.
(e)
Owner. A person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title or interest in the property subject to these PD regulations.
(f)
PD Perimeter. An area of land lying immediately within the perimeter of a PD where lot sizes, housing types, types of land uses, setbacks, lot dimensions and building heights must be planned or designed to mitigate conflicts with existing or planned land uses which are immediately outside the PD. The existence and exact location of the PD perimeter shall be determined by the Plan Commission.
(g)
Planned Development (PD). A land development project comprehensively planned as an entity through a unitary General Development Plan, which permits flexibility in building siting, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features.
(h)
Project Density. The number of dwelling units per acre of developable land, excluding existing or planned dedicated rights-of-way, for a PD established in subsection (5) below.
(i)
Residential Planned Development. A Planned Development within which the predominant land uses are residential. In general, at least 85 percent of the project area is in residential uses. Nonresidential uses must complement residential uses or be harmoniously incorporated into the unitary design of the Residential Planned Development.
(j)
Underlying Zoning District. The zoning classification attached to a given area of land that establishes the permitted and conditional uses to which said land area can legally be put. Examples of underlying zoning districts include R-1A, R-2, C-1, I-1, etc.
(3)
GENERAL PROVISIONS.
(a)
The Planned Development (PD) shall be applied as conditional use permit. When applied to a specific geographic area, the PD shall have the effect of allowing development to be designed, reviewed, approved, constructed and managed according to the provisions of this chapter, rather than as required by the underlying zoning district. However, the underlying zoning district shall prevail in determining permitted and conditional uses of land within the PD as well as the maximum permitted project density or intensity of land use, except as otherwise provided herein. The applicant may petition for the rezoning of land parcels within the PD project area with the PD application. Any rezoning requires Common Council approval after recommendation of the Plan Commission pursuant to §17.46 of this chapter.
(b)
When the Planned Development has been applied to a specific geographic area with the establishment of a Final Development Plan, the zoning classification or classifications of the land included within the PD shall thereafter signify this by the addition of a "PD" to said zoning classifications, such as "R-1APD", "C-2PD", or "I-1PD".
(c)
The Planned Development process shall be required for the following development applications:
1.
Any development where variations in lot sizes, dimensional standards, clustering or more than one principal building on one lot, provisions for common open space, or other design considerations which are not normally allowed under standard zoning districts and subdivision provisions are desired.
2.
Any development where a mix of land uses not normally found in a single zoning district is proposed.
3.
Any single-family dwelling, two-family dwelling or multifamily dwelling residential development or any commercial or industrial development involving a site 40 acres or larger.
Exceptions to these provisions that require approval through the PD process may be allowed by the Plan Commission if it is found that requiring such review will not serve to meet the purpose of this chapter. An example of such an exception would be applications involving only a single step review process.
(d)
The owner of a property under 40 acres can request a property be developed under the PD process.
(e)
Planned developments that require the subdivision of land shall have applications for each processed concurrently. A General Development Plan shall act as a preliminary plat for concurrent processing. In no instance shall the platting requirements for subdivisions, including fees, as set forth in State law and Chapter 18 of the Municipal Code, be waived as a result of this concurrent processing provision.
1.
It is the intent of this provision that if plat review is required under Chapter 18 of the Municipal Code, that it be accomplished simultaneously with the review of the General Development Plan under this chapter.
2.
For such simultaneous review, the General Development Plan shall be submitted in a form that is in accordance with the requirements of Chapter 18 of the Municipal Code relative to preliminary plats, where applicable.
(f)
An application for a Planned Development may be accompanied by all other discretionary requests, such as rezoning and conditional uses required by the underlying zoning, which may relate to the proposal.
1.
The Plan Commission may combine separate permit applications into one application for the convenience of the applicant as well as the City. Planned development applications, conditional use permits required by the underlying zoning, and rezonings may be merged into one PD application for processing and consideration under the PD process. The standards set forth in this chapter shall be used to evaluate the merits of the combined permits. If the combining of permits is accepted by the Plan Commission, the fees for rezoning and conditional use permits shall be waived and fees for only the PD conditional use permit application are required.
2.
The Plan Commission may deny any part of the combined request if they find it does not comply with the purpose or standards of this chapter.
(g)
Dedication, or offers to dedicate, interest in real property for specific public purposes shall be shown on the General Development Plan. Such dedications may be made a condition of approval of a Planned Development if the Plan Commission finds that:
1.
Such additional facilities would serve the public interest in such location;
2.
Such facilities would be in accord with the comprehensive plan or component thereof; and
3.
The amount and location of land to be dedicated bears a reasonable relationship to the demand generated by the proposed development.
Final approval and acceptance of such dedications shall be at the discretion of the Common Council.
(h)
Improvements, consistent with City standards or as shown on the comprehensive plan or component thereof, may be required as a condition of approval of a Planned Development. Improvements may include, but are not limited to, paving, curbs, gutters, sidewalks, bikeways, water lines, sewer lines, drainage works, bus turnouts, streetlights, recreational facilities and landscaping. Improvement requirements for multiphased projects shall be applied to each Final Development Plan as finalized and shall not consider future phases.
(i)
Legal origination and organizational instruments, bylaws and management plans for proposed homeowner's, business or condominium associations shall be provided with the General Development Plan.
(4)
PARCEL SIZE. The minimum site area for a Planned Development shall be 10 contiguous acres. This requirement may be waived on a case-by-case basis by the Plan Commission if the applicant can clearly demonstrate that the proposed PD can meet the purpose of this section. The applicant can request Planned Development review and approval for developments on sites smaller than 10 acres.
(5)
OWNERSHIP. A tract of land to be developed as a Planned Development shall be under the control of:
(a)
A single landowner; or
(b)
A group of landowners, acting through a partnership, firm, limited liability company, corporation, or any other legal entity having legal title or interest in the property subject to Planned Development, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record such covenants, easements, and other provisions with the County Register of Deeds.
(6)
PROCESS DESCRIPTION. An application for a Planned Development shall be initiated by the filing for a Planned Development conditional use permit. Said application shall be submitted to the Secretary of the Plan Commission on forms provided for this purpose, and shall be accompanied by all information requested on said application and indicated herein. See subsection (7). A Planned Development shall be processed in 3 stages: A) preapplication conference; B) General Development Plan; and C) Final Development Plan as follows:
(a)
Preapplication Conference. The purpose of the preapplication conference is to provide two-way communication between the prospective developer and the appropriate City staff regarding the legal, planning, design and engineering aspects of the potential development. Accordingly, prospective developers shall submit sketches and other pertinent information to the planning department for review and discussion by other City departments prior to submittal of an application for a PD conditional use and a General Development Plan. Sketches shall include the entire area of the intended PD, even if the PD is to be developed in phases. A preapplication conference review shall consider: success in achieving the purposes of the PD ordinances; adequacy of public and private services and facilities; ability to conform to all applicable codes and ordinances; utilization of commonly accepted principles of good site planning; and consistency with the comprehensive plan. Submittal requirements for the General Development Plan will be reviewed as part of the preapplication conference. A submittal item may be waived as part of General Development Plan review if determined to be not needed, already known or needed at a future stage. The prospective developer shall be provided with a written copy of the comments and waived submittal items made at such meeting. Applicants shall be advised to take these comments into account in preparation of more detailed plans for the PD. Any statement made by either the City staff or the applicant concerning potential disposition of a PD application or the final form of the development shall not be legally binding.
(b)
General Development Plan. Upon completion of the preapplication conference, an application may be filed for a General Development Plan. See subsection (7). The purpose of the General Development Plan is to establish the framework for future development of the PD in terms of timing, overall building layout and site design, land uses, density or intensity of development, traffic circulation/access, off-street parking, storm drainage, general utility locations, active and passive open space, location and management of common areas, general landscaping treatment and similar development components. The General Development Plan shall include the entire area of the intended PD even if the PD is comprised of several individual underlying zoning districts and/or is to be developed in stages. All subsequent Final Development Plans for such area shall be in conformance with the approved General Development Plan. The General Development Plan may be amended using the same procedure for the initial General Development Plan approval. Submittal requirements for a General Development Plan shall include all items indicated in subsection (7)(c)1. through 16. Upon receipt of all the required submittal items for the General Development Plan, and an application for a PD, the Secretary of the Plan Commission shall coordinate with other departments of the City to review the plan and formulate a recommendation to the Plan Commission. At such time, the Secretary of the Plan Commission shall give notice and set up public hearings before the Plan Commission. The Plan Commission shall review the proposed General Development Plan in accordance with the review criteria set forth in this chapter. It shall also consider the recommendations of the City staff and other comments received. The Plan Commission shall make a determination for approval, approval with conditions, or denial. If, after approval of the General Development Plan, any portion or phase of the PD development schedule established under this section is not met, the Plan Commission may initiate appropriate action to rezone the property which has not been developed in accordance with such development schedule to an appropriate zoning district or districts compatible with the surrounding area.
(c)
Final Development Plan. Following approval of a General Development Plan, a Final Development Plan for all or a portion of the PD shall be submitted to the Secretary of the Plan Commission for review and approval. In the case of a single phase PD, the applicant may combine the General Development Plan and Final Development Plan stages of the review process into a single Final Development Plan, in which case review and approval of such plan shall occur using the procedure set forth in subsection (7). The purpose of the Final Development Plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance and timing aspects of the development. For this reason it is anticipated that a Final Development Plan will normally be prepared only for those portions of a PD which are expected to be developed in the immediate future. The Final Development Plan shall be in substantial conformance with the approved General Development Plan. If the City staff or Plan Commission finds that a proposed Final Development Plan substantially differs from the approved General Development Plan, or that such change gives reason to notify and obtain input from affected residents and property owners, the Plan Commission shall require the applicant to submit a proposed amendment to the General Development Plan as set forth in this chapter. Examples of modifications to a PD which shall first require an amendment to the General Development Plan include changes in the general layout and design of the PD, the area encompassed by the PD, the overall density of dwelling units, the number of dwelling units, the major categories of land use, the mix, magnitude and intensity of residential or nonresidential types of land uses, the parking and traffic circulation system, and major features of the common open space areas. No building permits shall be issued for construction within the PD without first obtaining acceptance of a Final Development Plan for that portion of the PD. All grading, construction, landscaping and other activities associated with land development shall be carried out in strict conformance with the approved Final Development Plan. The items required to be submitted with a Final Development Plan are those found in subsection (7)(c)1. through 16. Upon receipt of all the required items for the Final Development Plan, the Secretary of the Plan Commission shall coordinate its review with other City departments for the purpose of reviewing the Final Development Plan for compliance with the approved General Development Plan. If the proposed Final Development Plan is found to meet these criteria, it shall be approved by City staff and development may then commence accordingly. City staff may approve with conditions or require submittal of a modified Final Development Plan if it does not comply with such criteria. Decisions of the City staff with respect to a Final Development Plan may be appealed within 30 days to the Plan Commission which shall have final jurisdiction in the case of appeals. Establishment of a Final Development Plan shall require a "PD" designation be noted on the official zoning map for the geographic area of the Planned Development.
(7)
APPLICATION AND PROCEDURE.
(a)
Planned Developments shall be regulated and administered as a conditional use permit under the provisions of this section and §17.47, and may only be considered in conjunction with a General Development Plan and the provisions herein set forth.
(b)
After a preapplication conference the request for a Planned Development Conditional Use Permit shall be submitted in writing to the Secretary of the Plan Commission by the person requesting such action. The person requesting such action shall provide all information requested on the application.
(c)
At the time the application for a Planned Development Conditional Use Permit is submitted the applicant shall also submit a General Development Plan which shall contain the following [also see subsection (6)(b)]:
1.
Owner(s) of the property, current mailing address(es) and telephone number(s);
2.
Statement of development concept, including the planning objectives and the character of the development to be achieved through the PD;
3.
An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features;
4.
The pattern of proposed land use, including shape, size, mix, integration and arrangement of proposed use areas, density and environmental character (single-family, multiple-family, commercial, public, etc.);
5.
The pattern of public and private streets;
6.
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as recreational areas and common open space areas. The applicant will describe the intended use and function of open space elements and the relationship of those elements with other non-open space features of the development;
7.
The location, size and character of common facilities;
8.
Preliminary engineering plans, including site grading, street improvements, drainage, and public utility extensions;
9.
Preliminary landscaping plans;
10.
Conceptual or preliminary building plans, including floor plans and exterior designs or elevations;
11.
Development schedule indicating the appropriate date when construction of the PD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development;
12.
General outline of intended organizational structure related to property owners association, condominium association, deed restrictions, common ownership of open space and facilities and private provision of common services;
13.
Statement of financing plan, including sources and amounts of funds;
14.
Statement of intentions regarding the future selling or leasing of all or portions of the PD, such as land areas, dwelling units and public facilities;
15.
Any additional information as required by Chapter 18 of the Municipal Code; and
16.
Any additional information as required by the Plan Commission necessary to evaluate the character and impact of the proposed PD.
City staff may waive the General Development Plan, Final Development Plan or Developer's Agreement requirements of any of the above items (1. through 16.) for all or portions of the Planned Development where or when appropriate.
(d)
The applicant shall submit 15 copies of the application and all related materials to the Secretary of the Plan Commission by 12:00 p.m. on the Monday prior to the regularly scheduled Plan Commission meeting. If the required application and related materials are not submitted by this date, in the form requested, the application shall not be placed on the Plan Commission agenda and no official action will be taken by the Plan Commission. Once timely submissions are completed, the applicant can ask for the matter to be placed on a subsequent agenda. The application shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
(e)
The Secretary of the Plan Commission shall refer the petition and all related materials to the Plan Commission for study and investigation.
(f)
Within 40 days, the Plan Commission shall hold a public hearing concerning the PD Conditional Use Permit request. As soon as possible after such public hearing, the Plan Commission shall act to approve, approve with modifications, or disapprove of the PD Conditional Use Permit and related General Development Plan. The Plan Commission shall render its decision in writing and such decision shall include an accurate description of the use of the property which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval.
(g)
Approval of the PD Permit and General Development Plan shall be granted only upon determination by the Plan Commission that the General Development Plan:
1.
Conforms with the purpose of this section.
2.
Conforms with the development controls set forth in this section.
3.
Provides benefits to the City which outweigh its adverse effects; in making this determination the Plan Commission shall consider the following:
a.
Quality of site design, including integration of a variety of land uses, building types, and densities; preservation of natural features; compatibility with adjacent land uses; provision and type of open space; provision of other amenities designed to benefit the general public;
b.
Traffic flow and safety;
c.
Adequacy of utilities and other public works;
d.
Impact on existing public facilities within the City; and
e.
Potential fiscal impact.
(h)
Approval of the PD Conditional Use Permit and related General Development Plan shall establish the basic right of use for the area in conformity with the General Development Plan as approved. However, prior to the issuance of building permits, the applicant shall provide to the City one true and correct reproducible copy of the General Development Plan for the development or portion thereof and all related materials as approved by the Plan Commission which becomes the Final Development Plan. See subsection (6)(b) and (c).
1.
The Final Development Plan shall consist of final versions of all statements and graphics as required in subsections (6)(b) and (7)(c), and must contain any modifications and/or conditions which were required by the Plan Commission at the time of approval of the PD Conditional Use Permit and General Development Plan. See subsection (6)(c).
2.
When condominiums are proposed, a copy of all condominium instruments as defined and required by Chapter 703, Wis. Stats., shall be submitted with the Final Development Plan.
3.
The Final Development Plan shall be submitted to the City within 6 months of approval of the General Development Plan by the Plan Commission, unless extended by the Plan Commission.
(i)
Fees.
1.
Fees for a PD General Development Plan approval shall be the same as those established for conditional use permits.
(j)
Amendment of the Zoning District Map. Following the submission of the Final Development Plan, the Zoning District Map shall be amended by appropriate symbol (PD) to designate the area covered by the recorded Final Development Plan. Following such action, the zoning and subdivision regulations otherwise applicable to the land included in such Final Development Plan shall cease to apply thereto and the recorded Final Development Plan and all related materials shall govern.
(k)
Zoning Administration Permits. The Zoning Administrator may issue permits for site or building construction for that part of the Final Development Plan that has been approved by the Plan Commission. However, the Zoning Administrator shall not issue an occupancy permit for any building or structure shown on the Final Development Plan of any stage of the Planned Development unless the ownership of all planned open spaces, common elements, rights-of-way, easements, public utilities and any other required facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved Final Development Plan if the completed building or structure conforms to the requirements of the approved Final Development Plan and all other applicable regulations and ordinances.
(l)
Enforcement.
1.
The developer shall begin construction of the PD within 12 months of the date of the recording of the Final Development Plan. The Plan Commission may grant in writing an extension of this time period of up to 12 months upon demonstration of good cause by the developer. If the developer fails to commence construction of the PD within the specified time, the Plan Commission shall proceed with actions as specified in subsection 3. hereinbelow.
2.
If the PD is to be developed in stages, then the developer must begin the construction of each stage within the time limits specified in the Final Development Plan. Construction in each phase shall include all the elements of that phase specified in the Final Development Plan.
3.
The Plan Commission, or its designee, shall periodically monitor the construction of the PD, with respect to conformance with the Final Development Plan, start of construction and development phasing. If the Plan Commission, or its designee, finds that the developer has failed or is failing to develop the PD in conformance with the Final Development Plan; or that the developer has failed to begin development within the specified time period; or that the developer is not proceeding in accordance with the approved development phasing, with respect to either timing of construction or an approved mix of project elements, then the Plan Commission shall give written notice to the developer to appear before the Commission within 30 days to report on the status of the PD. Upon review of the PD, the Plan Commission may extend the time for start of construction or the length of the time needed to complete a phase, recommend that the developer amend the Final Development Plan subject to the procedures specified in subsection (n), or terminate the project and repeal the PD Conditional Use Permit.
When the Commission deems it necessary to terminate the project and repeal the PD Conditional Use Permit, it shall be subject to the procedures specified in §17.47, Conditional Use, of this chapter. At the time of such change, existing completed or partially completed structures and uses thereon that do not conform to the regulations for the district in which located shall be deemed nonconforming as defined by this chapter.
(m)
Amendments to General Development Plan. Amendments to the General Development Plan involving what are considered by City staff or the Plan Commission to be substantial changes shall require the same procedure and criteria for review and approval as the original General Development Plan. Amendments involving what are considered by City staff or the Plan Commission to be minor and of no substantial negative impact upon adjacent properties, the neighborhood or existing dwelling units within the PD may be approved by the Plan Commission without public hearing and notice. The information specified in this chapter under subsections (6)(b), (7)(c) and (8)(a) shall be considered in determining substantial changes.
(n)
Amendments to Final Development Plan.
1.
After approval of the Final Development Plan by the Plan Commission, the developer may seek amendments to the Final Development Plan as recorded, only if difficulties or significant changes in circumstances are encountered in constructing the PD which could not have reasonably been foreseen, such as with terrain or soil conditions or other physical complications, or changing market conditions, new technologies or emerging design ideas.
2.
Minor changes in the location, siting, and height of buildings and structures, or reductions in project density or intensity may be authorized by the Plan Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:
a.
A change in the use or character of the development.
b.
An increase in overall coverage of structures.
c.
An increase in the intensity of use.
d.
An increase in the problems of traffic circulation and public utilities.
e.
A reduction in approved open space.
f.
A reduction of off-street parking and loading space.
g.
A reduction in required pavement widths.
3.
All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces and changes other than listed above, must be made by the Plan Commission subject to the procedures specified in subsection (7). Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the Final Development Plan was approved or by changes in community policy.
(o)
Recording; Conditions Run with the Land.
1.
Before a Final Development Plan becomes effective, a document shall be recorded by the applicant within 30 days of approval in the office of the county register of deeds. Said document shall identify the property as being part of a PD which is on file with the Secretary of the Plan Commission. Applicant shall furnish evidence of such recording to the Secretary of the Plan Commission prior to any Final Development Plan approval for multiple phased projects or within 15 days of Final Development Plan approval for single phased projects.
2.
Any conditions attached to a General Development Plan or Final Development Plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said lands. Such conditions shall be deemed to be part of the building permit issued for any use or structure within the PD.
(8)
REVIEW CRITERIA.
(a)
General Development Plan. In reviewing the General Development Plan, the following criteria shall be used and applied to making the determination required in subsection (7)(g) and (h):
1.
Conformance with the applicable provisions of the underlying zoning district, unless modified during the Planned Development process;
2.
Conformance with the provisions of this chapter and other applicable chapters of the Code of Ordinances;
3.
Suitability of the site itself for development as proposed;
4.
Compatibility of the proposed development with adjacent and nearby existing or Planned Development in terms of scale, mass, height, bulk, type of land uses, retained open space, activities, traffic, design, structure placement, accessibility, privacy, views and similar concerns;
5.
Compatibility of the internal components of the proposed development in terms of scale, mass, height, bulk, type of land uses, retained open spaces, activities, traffic, design, structure placement, accessibility, privacy, views and similar concerns;
6.
Utilization of site planning principles common to high quality development;
7.
Conformance with City development and design standards and policies;
8.
Availability, both on and off the site, of adequate public utilities and services, including water, sanitary sewer, stormwater management, streets, sidewalks, trails, recreational opportunities, solid waste and recycling facilities, traffic control, fire protection and police protection;
9.
Effective mitigation of any potential negative impacts of the proposed development either on the site itself or off the site;
10.
Adequate provision for preservation and maintenance of areas and/or facilities set aside for common ownership;
11.
Conformance with the comprehensive plan.
(b)
Final Development Plan. In reviewing a Final Development Plan, City staff or the Plan Commission, as appropriate, shall consider the following criteria:
1.
Strict conformance of the Final Development Plan to the adopted General Development Plan, particularly in terms of the general layout and design of the PD; the overall density of dwelling units; the number, type and mix of dwelling units; the major categories of land use types; the mix, integration, magnitude and intensity of types of land uses; the parking and traffic circulation system; and major features of the open space area.
2.
The review criteria set forth in subsection (8)(a).
(9)
STANDARDS AND SPECIAL REQUIREMENTS FOR ALL PLANNED DEVELOPMENTS. The following provisions shall be applied by the City staff and Plan Commission in their consideration of all Planned Development.
(a)
Permitted Uses. Only those uses which are permitted in the underlying zoning district or districts shall be permitted in a PD, unless provided for herein. However, housing types may vary and residential uses may beat higher densities within portions of a Residential PD or Mixed-Use PD, pursuant to subsection (10)(a) below.
(b)
Conditional Uses. Those uses which are conditional uses in the underlying zoning district or districts shall be allowed in a PD only if a conditional use permit is granted by the Plan Commission. Conditional use permits for underlying conditional uses may be reviewed and approved concurrently as part of the General Development Plan for a PD Conditional Use Permit.
(c)
PD Perimeter. The PD perimeter shall be designed and used in such a way as to harmonize land uses, scale, structure heights, setbacks and mass with existing or planned adjacent or nearby development. Reasonable provisions relating to lighting; landscaping; screening; buffering; activity areas; land uses; setbacks; structure height, width, length, orientation; or similar characteristics of the development may be imposed to assure this compatibility.
1.
A building which abuts on a perimeter street shall have a minimum setback of 30 feet for that yard or yards which abut said street. The minimum required setback shall be increased by one foot for each additional foot by which a structure exceeds 36 feet in height.
2.
Where the Planned Development abuts a single-family residential district, the following regulations shall apply:
a.
A permanent open space at least 25 feet wide shall be provided along the property line and such area shall be maintained in landscaping, and no driveway, off-street parking, accessory buildings or uses shall be permitted in such area. In addition, no intensive recreational use shall be permitted in such area.
b.
In order to allow the maximum amount of flexibility and to encourage creative design, the Plan Commission may permit deviations from the standards set forth by the perimeter requirements provided that the perimeter of the PD be developed for similar uses permitted in the adjoining residential district. In addition, the Plan Commission may permit deviations from the perimeter requirements in Planned Developments that involve the use of an existing building where the setbacks of the building in question may be less than those required in subsection (9)(c)1. and 2.a. above.
3.
Screening at Perimeter of Planned Development. Fences, walls, berms, or vegetative screening shall be provided along the perimeter of the PD where needed to shield residents, tenants, occupants or visitors of the PD from undesirable views, glare, noise, or other off-site conditions or to shield residents or visitors in adjoining residential districts from similar adverse conditions emanating from the PD.
4.
The Plan Commission, after receiving City staff recommendation, may adjust PD Perimeter requirements for Planned Developments if it finds such adjustments will not create substantial negative impact upon adjacent properties and the neighborhood.
(d)
Lot Area, Lot Width, Setbacks.
1.
Lot area, lot width and setback requirements for the PD may vary from the underlying zoning district provided the developer has demonstrated to the satisfaction of the Plan Commission that the proposed design and layout meets the provisions, intent and spirit of the PD purposes. Lot areas, lot widths and setbacks within the PD perimeter shall be designed to be compatible to existing or planned land uses immediately outside the development.
2.
Setbacks from public right-of-way shall be a minimum of 20 feet for local streets, 30 feet for collector streets and may be increased accordingly for setbacks from major or minor arterial streets. Nonresidential and mixed uses within a Mixed-Use PD may be allowed zero setbacks, provided the Plan Commission finds it to be compatible and harmoniously incorporated into the unitary design of the Planned Development and consistent with the purpose of this chapter, as provided in subsection (1).
3.
Perimeter setbacks from the edge of the PD shall be at least the same as is required by the adjacent zoning district.
4.
Dwelling groups, as defined in §17.02 and as provided for in §17.17(3), maybe utilized as a design element of a Planned Development. This section does not supersede subsection (9)(h).
(e)
Design and Dimensional Standards. The standards in the underlying zoning district regulating site coverage, building height, site area and setbacks shall be used as a guide in evaluating a PD, and may exceed the maximum established by the underlying zoning district only upon the expressed request by the applicant and upon approval of such as part of the General Development Plan. Building and structure heights within the PD perimeter shall be no higher than allowed height in adjacent districts.
(f)
Environmental Design. Insofar as possible, a PD shall be designed to preserve existing vegetation, terrain, and other significant natural features. Reasonable provisions relating to the preservation of these features may be imposed to assure preservation of such features.
(g)
Preservation and Maintenance of Common Open Space.
1.
Since the PD concept of development is intended to provide more functional open space and to make more efficient use of land, utilities and other improvements, at least 15 percent of the total gross land area of the PD shall be permanently reserved as "common open space." This provision may be waived by the Plan Commission when it is determined that other options for providing open space are available.
2.
Common open space may be held in common, be privately owned, or dedicated to the public, or any combination thereof. Any land dedicated to the public must be officially accepted by the Common Council before such dedication becomes valid. Land dedicated to the public may be considered part of the required common open space area for the PD.
3.
Common open space areas shall be designed creatively, add to the overall appearance and aesthetic qualities of the PD, and be truly functional in providing for the open space needs of the tenants or occupants of a Commercial or Industrial PD, or the open space and recreational needs of the residents, tenants or occupants of a Residential or Mixed-Use PD.
4.
The following areas shall not be included in calculating the minimum amount of common open space for the PD:
a.
Areas within required front and side yard setbacks, except for Commercial and Industrial PD;
b.
Open spaces less than 30 feet wide, unless approved as a common pathway system, except for Commercial and Industrial PD;
c.
Existing or proposed street rights-of-way;
d.
Parking areas and driveways;
e.
Building sites, unless used for recreational purposes; and
f.
Pre-existing easements, except for Commercial and Industrial PD.
5.
The required common open space may consist of designated floodway, the surface area of water bodies, and/or areas having slopes 20 percent or greater, only if the following findings are made:
a.
Said areas are available by legal right for the use and enjoyment of the residents, tenants or occupants of the PD;
b.
Said areas are functional in providing for the open space and outdoor recreation needs of the residents, tenants or occupants of the PD; and
c.
Said areas are safely and conveniently accessible to the residents, tenants or occupants of the PD.
6.
Common open space areas shall be reasonably and evenly distributed throughout to all properties within the PD in relation to the location of the dwelling units or other buildings they are intended to serve.
7.
The Plan Commission may require a reasonable area of the common open space to be developed and improved for active recreational use commensurate with the anticipated need for such private recreational facilities by the intended future occupants of the dwelling units in the PD.
8.
In the case of a PD being developed in phases, at least 15 percent of the gross area of each phase of the PD (subject to Development Plan approval) shall be reserved for open space at all times, unless the Plan Commission allows such requirement to be waived.
9.
At the time of General Development Plan approval, provision must be demonstrated for the ownership and perpetual care and maintenance of all common open space areas. Areas designated as common open space shall be permanently reserved as such, using appropriate legal instruments as approved by the City Attorney, at the time of General Development Plan approval. Covenants or other legal arrangements shall specify ownership of the common open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and assessment provisions, guarantees that any entity formed to own and maintain the common open space will not be dissolved without the consent of the Plan Commission, and any specifications deemed reasonably necessary by the Plan Commission.
10.
If the common open space contains buildings or other facilities as part of the General Development Plan, the developer shall provide legal arrangements or sureties as a part of the General Development Plan submittal, as approved by the City Attorney, to assure that such improvements are completed.
11.
Failure to Maintain Open Space. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the Planned Development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the City may initiate actions in accordance with regulations as provided for in Chapter 10, Public Nuisances, of this Municipal Code and/or §66.0703, Wis. Stats.
(h)
Building Spacing and Orientation.
1.
The minimum spacing allowed between buildings within a Planned Development may be reduced from that which is required in the underlying zoning districts or §17.17(3) provided the developer has demonstrated to the satisfaction of the Plan Commission that the proposed design and layout meets the provisions, intent and spirit of the PD purposes and applicable building codes.
2.
Greater distances may be required by the Plan Commission taking into consideration the need for privacy, traffic circulation, open space, safety and emergency vehicle access.
3.
Windows, patios and balconies shall be located and oriented to maximize privacy of individual dwelling units.
4.
In no case shall the distance between principal buildings or building height be less than what is required by building code construction requirements.
(i)
Building Architecture. Developers shall, where appropriate, incorporate architectural control provisions in the protective covenants for the PD in an effort to maintain long-term property values and the architectural integrity of the development.
(j)
Building and Structure Heights.
1.
Building and structure heights may exceed the maximum established by the underlying zoning district only upon the request by the applicant and approval by the Plan Commission. The Plan Commission shall contact the City Fire Inspector to obtain his recommendation in regards to proposed building and structure heights.
2.
The Plan Commission shall assure that building and structure heights at the PD perimeter are substantially similar to existing or planned land uses.
3.
In evaluating a development proposal providing building heights in excess of that which is allowed in the underlying zoning district, the Plan Commission shall give consideration to evidence presented on the following:
a.
That increased height will not cast shadows or alter air currents in ways that will unreasonably limit the amount of light and air reaching other buildings in the vicinity to a significantly greater extent than if the building height did not exceed that which is allowed in the underlying zoning district.
b.
That increased height would mitigate detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development.
c.
That increased height would not adversely affect and would result in increased sensitivity to the visual and physical characteristics of the particular location through more harmonious relationships to the terrain and to proposed and existing buildings in the vicinity that have functional or visual relationships to the proposed building.
d.
That increased height would result from actions taken to lessen the impact of traffic and parking on the surrounding area.
(k)
Vehicular and Pedestrian Access.
1.
The General Development Plan shall provide for suitable vehicular and pedestrian access to the Planned Development. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within Planned Developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.
2.
It is encouraged that all nonresidential land uses within a PD have direct access to a primary street in order to avoid excessive traffic generation in residential sections of a PD.
(l)
Street Design, Construction and Ownership.
1.
Standards of design and construction for streets, including right-of-way widths and street widths, within Planned Developments may be modified as is deemed appropriate by the Plan Commission. However, the following criteria shall be considered in reducing street design standards less than those provided for in the Chippewa Falls Subdivision Regulations:
a.
Adequate separation of vehicular and pedestrian circulation patterns shall be provided for.
b.
Adequate off-street parking facilities shall be provided for.
c.
The streets and roadways shall be designed to accommodate the proposed density within the PD and their anticipated uses.
d.
Adequate street widths and right-of-way widths shall provide for normal functions such as garbage removal, snow removal, police and fire protection, school buses and ingress and egress of emergency vehicles.
2.
The Plan Commission may refuse to modify the design standards for streets as provided for in the Chippewa Falls Subdivision Regulations if the development plan does not exhibit an efficient vehicle and pedestrian circulation system and meet the criteria specified in this section.
(m)
Parking.
1.
Parking facilities within the PD District shall be provided in accordance with §§17.38—17.43, Parking and Loading, of this chapter and in accordance with the following requirements:
a.
Parking facilities shall be designed to be compatible with the architecture and residential character of the Planned Development. The imaginative use of walls, fences, land forms and plantings to screen motor vehicles is encouraged.
b.
The Plan Commission may require such additional parking, loading and service areas for residential, nonresidential and recreational facilities as shall be required to meet the needs of residents, their visitors and other potential users.
2.
Mixed-use parking facilities: PD's containing uses which have dissimilar peak traffic generation hours may have the total number of parking spaces required for each use reduced by not more than 40 percent where it is shown that the joint facility shall serve all existing, proposed, and potential uses as well as separate parking facilities for each use on the site. As a condition of approval of this joint use provision, reciprocal parking agreements between the parties involved shall be reviewed and approved by the City Attorney and filed with the City.
(n)
Signs.
1.
Chapter 19, the City Sign Regulations, shall be the basis for signage in a PD while the PD process and criteria allow for flexibility and the review of modified signage to meet a stated purpose or need. Signs within a PD shall be in conformance with a sign plan approved as part of the Development Plan.
2.
Such sign plan shall clearly indicate the exact location, height, dimension, design, materials and other significant features of all signs to be located within the PD.
3.
In developing and analyzing sign plans, consideration shall be given to the scale of the project, internal design considerations, and the character of the project as viewed from adjacent streets and properties.
4.
It is the intent of this section to provide for a visually attractive streetscape and to insure that signage in a PD is harmonious with the project and adjacent properties. Therefore, the Plan Commission may require sign provisions which are more restrictive than what is required in the City Sign Code.
(o)
Landscaping, Screening and Buffering. In order to protect the integrity of a PD, and when deemed necessary to provide protection to adjacent properties, landscaping, screening and buffering may be required as part of the General Development Plan. Landscape plans shall show the location, species of plant material, and the size of all plant materials. Screening plans shall include typical details of fences, berms and plant material to be used.
(10)
STANDARDS AND SPECIAL REQUIREMENTS FOR RESIDENTIAL PLANNED DEVELOPMENTS.
(a)
Density and Housing Type.
1.
The maximum number of dwelling units per acre (project density) for the PD as a whole shall be based upon the acreage of developable land as follows:
2.
An increase in said project density may be allowed by the Plan Commission upon finding that:
a.
Adequate public and private facilities and services are available, both on and off the site, to support the increased density or number of units, including but not limited to streets, parking, traffic control, water, sanitary sewer, stormwater management, solid waste disposal and recycling, fire and police protection, recreational opportunities and/or facilities, and schools;
b.
The increased density or number of units would not have a substantial negative effect upon adjacent properties; and
c.
The Residential PD will be superior in design, function and appearance based upon the following criteria:
i.
Orientation of the units on the site to achieve a high level of privacy of interior and exterior spaces;
ii.
Appropriateness of the scale and massing of structures;
iii.
Use of varied building elevations and staggered setbacks;
iv.
Effectiveness of landscaping, screening and buffering within the PD and along its perimeter;
v.
Appropriateness of the type and level of improvements within the common open space areas given the characteristics of the residents of the PD;
vi.
Overall quality of design of the development, including streetscape, parking lots, open space, buildings, lighting, signs, pedestrian pathways, etc.;
vii.
Varied placement of buildings, demonstrating sensitivity to the natural topographic features of the site;
viii.
Retention of unique natural features of the site and incorporation of such features into the project's overall design;
ix.
Recreation areas that are provided are directly accessible to a majority of the dwellings and are well-designed for their intended purpose; and
x.
Overall, the project exceeds the standards established in this chapter for design, function and appearance.
3.
Lot sizes and housing types (e.g., single-family detached, zero lot line, duplex, townhouse, low-rise, high-rise, etc.) may vary from those permitted in the underlying zoning district to the extent that all provisions of this ordinance are met and that the project density for the application as a whole is not exceeded.
4.
Where such increases in density or changes in housing types do occur within a PD, extra measures shall be taken, such as increases in setback, open space, screening, buffering, etc., to assure compatibility with adjacent and nearby land uses, both existing and planned.
5.
Subsection (10)(a) is applicable to Mixed-Use and Traditional Neighborhood Planned Developments.
(b)
Nonresidential uses of a religious, public or semipublic, cultural, educational or commercial character are subject to the following:
1.
Residential Planned Developments are intended to be primarily residential in nature. However, land which is a part of a Residential Planned Development may be used for nonresidential uses as approved in the General Development Plan if such uses are compatible with nearby land uses, are secondary to the primary residential uses and clearly enhance the quality, enjoyment and value of the residential portion of the Residential Planned Development.
2.
The total land area devoted to nonresidential uses of a commercial character shall not exceed 5 percent of the gross land area of the Residential Planned Development. The total area of all such nonresidential uses (religious, public and semipublic, cultural, educational and commercial) in the Planned Development shall not exceed 15 percent of the gross land area of the Residential Planned Development.
3.
Permitted commercial uses in a Residential Planned Development shall be restricted to those uses permitted in the C-l Neighborhood Shopping and C-2 General Commercial Districts and shall primarily be for the benefit and use of the Residential Planned Development residents.
4.
No building permit for any nonresidential use shall be issued prior to the complete construction of at least 20 percent of the dwelling units within the Residential Planned Development.
(11)
STANDARDS AND SPECIAL REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL PLANNED DEVELOPMENTS.
(a)
Commercial and Industrial Planned Developments are intended to provide flexibility in design and function of commercial, industrial, institutional, research, technology, office and business developments or parks. The Plan Commission will determine the feasibility of Commercial and Industrial Planned Developments proposed in the General Development Plan that demonstrate an effective, harmonious and functional unifying concept. Hence, the types of land uses can be of any nonresidential nature if their integration can be demonstrated to be complementary and organized into a useful, manageable and well-balanced development. However, Commercial and Industrial Planned Developments should generally be distinguishable as commercial centers, business parks, office parks, institutional campuses, medical campuses, research parks, technology parks or industrial parks.
(b)
Lighting. The following guidelines are to be used when evaluating lighting plans:
1.
The height of light poles shall not exceed 40 feet, but in no case shall said height exceed the maximum height of structures permitted in the base zone.
2.
Lights should be located on standards pointing towards the structures or areas to be illuminated. Lighting shields shall be utilized as appropriate to keep glare on-site.
3.
The lighting fixtures plan shall be designed so as to harmonize with the building design. The design and placement of lighting fixtures shall not have an adverse effect upon abutting properties.
(c)
Signs. Integrated sign themes, developed in a manner that will complement the proposed project, shall be instituted for each commercial or industrial PD. Said signs should include a central sign used to identify the complex or center, as well as wall-mounted signs, or similar treatment, used to identify each individual shop, function or activity. In developing and analyzing signs, consideration shall be given to the scale of the project, internal design considerations, and the character of the project as viewed from adjacent streets and properties. It is the intent of this section to provide for a visually attractive streetscape and to ensure that signs in a commercial or industrial PD are harmonious with the project and adjacent properties.
(d)
Screening of External Activities.
1.
All exterior storage areas, service yards, electrical transformers, storage tanks, refuse collection areas and other similar outdoor areas shall be screened from view if said uses can be seen from a public street or adjacent properties. Said uses shall be screened with opaque fencing or walls which harmonize with the building design of the development.
2.
All roof-mounted mechanical equipment, vents and ductwork shall be concealed by the building mass, or shall be screened from public view in a manner that will harmonize with the building design. Mechanical equipment, vents, and ductwork which are not roof-mounted shall be concealed by the building mass or by walls or fences which are consistent with the design treatment of the building.
(e)
Landscaping.
1.
Landscaping shall consist of an effective, harmonious and functional combination of trees, shrubs and various vegetative materials. Berms, accent boulders, decorative walls and other similar devices are also encouraged as a part of such landscape treatment.
2.
Landscape areas shall be provided throughout the Commercial and Industrial PD to separate pedestrian walks along public rights-of-way or within parking areas from car rows, to shade parking areas, create attractive visual entrance points, define internal circulation patterns, conserve energy, soften the appearance of building walls, and buffer abutting land uses as necessary.
3.
Wheel restraints shall be required around landscape areas where determined to be necessary for protecting landscaped areas from vehicular traffic or where determined to be necessary for directing drainage on site.
4.
Open space areas containing natural features worthy of preservation may be left unimproved. Structures and improvements to be located in or adjacent to the open space shall conserve and enhance the amenities of the area and be designed to be compatible with the topography and natural features of the site.
(f)
Fences, Walls and/or Vegetative Screens. Fences, walls and/or vegetative screens shall be provided at the edges of a commercial or industrial PD where needed to protect adjacent property owners or residents from undesirable views, glare, noise or other on-site influences. Particular attention in this regard shall be given whenever a commercial or industrial PD abuts property zoned for or utilized as residential.
(g)
Residential uses are subject to the following:
1.
Commercial and Industrial Planned Developments are intended to be primarily commercial, business, institutional or industrial in nature. However, land which is a part of a Commercial and Industrial Planned Development may be used for residential uses as approved in the General Development Plan if such uses are compatible with nearby land uses, are secondary to the primary commercial and industrial uses and clearly enhance the quality, enjoyment and value of the commercial and industrial portion of the Commercial and Industrial Planned Development.
2.
The total land area devoted to residential uses shall not exceed 10 percent of the gross land area of the Commercial and Industrial Planned Development.
3.
Permitted residential uses in a Commercial and Industrial Planned Development shall be restricted to multiunit buildings.
4.
No building permit for any residential use shall be issued prior to the complete construction of at least 20 percent of the nonresidential floor area within the Commercial and Industrial Planned Development.
(12)
MIXED-USE PLANNED DEVELOPMENTS. For large-scale projects, including those involving the reuse of older buildings or sites, the Plan Commission may allow uses within a Planned Development which are not allowed within the underlying zoning district, provided the Plan Commission finds them to be compatible and harmoniously incorporated into the unitary design of the Planned Development and consistent with the purpose of this chapter, as provided in subsection (1). This can include a mix of uses within the same structure. With the approval of a Mixed-Use Planned Development, the Plan Commission shall also approve, as part of the General Development Plan for the property, a plan that specifies how individual types of land uses may potentially be located or integrated within the project.
(13)
TRADITIONAL NEIGHBORHOOD PLANNED DEVELOPMENTS. Proposed developments contemplated by an applicant to include design features described as "traditional neighborhood development" in §66.1027(1)(c), Wis. Stats., may be considered for Planned Development approval at locations determined appropriate, including appropriate conditions, by the Common Council, with recommendation of the Plan Commission. A document identified as "A Model Ordinance for Traditional Neighborhood Development", dated December 2000, published by the University of Wisconsin — Extension pursuant to §66.1027 (2), Wis. Stats., shall serve as a nonexclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the Plan Commission and Common Council may choose to consult.
Proposed developments contemplated by an applicant to include design features described as "traditional neighborhood development" in §66.1027(1)(c), Wis. Stats. (1999—2000), may be considered for approval at locations determined appropriate by the City of Chippewa Falls under this section, including appropriate conditions.
A document identified as "A Model Ordinance for Traditional Neighborhood Development", dated December 2000, published by the University of Wisconsin Extension pursuant to §66.1027(2), Wis. Stats., shall serve as a nonexclusive guidebook to assist in further defining the various aspects of this form of urban design, along with such other sources of guidance the Plan Commission and local governing body may choose to consult. Consideration and approval of all Traditional Neighborhood Developments shall follow approval procedures outlined in §17.26, PUD Planned Unit Development Regulations, of the City of Chippewa Falls Municipal Code.
(1)
GENERAL PURPOSE. This district is intended to provide for individual or small groups of business and professional offices. The character, appearance and operation of which is compatible with the character of the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 8 feet.
Minimum Aggregate Side Yard, 18 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area Principal, 1,000 square feet.
(5)
HEIGHT.
Maximum Permitted for Principal Structure, 45 feet. (A building may be erected to a height of 60 feet if setback from all required yard lines is increased a distance of one foot for each foot of additional height above 45 feet.)
Maximum Permitted for Accessory Structure, 25 feet.
(6)
PERMITTED USES.
(a)
Office or office building, clinic or studio, prescription pharmacy and medical laboratory; provided that no building shall be constructed with, or altered to create, a store front, show window or display window; that there shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and that no machinery or equipment, other than that customarily used in business and professional offices, shall be used or stored in the building or on the lot.
(b)
Single-family dwellings.
(c)
Two-family dwellings.
(d)
Churches.
(e)
Accessory building or use, including a private garage, carport, and paved parking areas customarily incident to the above uses, but not involving the conduct of business.
(f)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(g)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(h)
Parking as required in §§17.38—17.43 of this chapter.
(i)
Day care centers limited to not more than 8 children, subject to State licensing requirements.
(7)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Nursing homes, homes for the elderly and hospitals.
(c)
Day care centers for 9 or more children, subject to State licensing requirements.
(d)
Multifamily dwelling units.
(e)
Commercial service facilities, in apartment buildings, provided it is intended solely to serve the occupants of the premises.
(f)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is established to accommodate those professional, office, and institutional uses which are specifically compatible to one another and often located separate from commercial and retail uses. The district is intended to provide for individual sites for professional, office, and institutional buildings serving the needs of both the neighborhood and of the larger community area. It is intended that the uses permitted in this district shall be located and designed to be in harmony with the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Side Yard, 8 feet.
Minimum Rear Yard, 20 feet.
(3)
LOT SIZE.
Minimum Area, 10,000 square feet.
Minimum Width, 100 feet.
(4)
BUILDING SIZE.
Minimum Required Floor Area (in square feet), none.
(5)
HEIGHT.
Maximum Permitted For Principal Structure, 45 feet.*
Maximum Permitted For Accessory Structure, 25 feet.
* A building may be erected to a height of 60 feet if the setback from any required yard lines abutting any residential district, P-1 Public and Institutional District, or CN Conservancy District is increased a distance of one foot for each foot of additional height above 45 feet. A building may exceed 60 feet if a Conditional Use Permit is approved by the Plan Commission as provided for in §17.47.
(6)
PERMITTED USES.
(a)
Professional services and offices such as lawyers, accountants, engineers, architects, real estate, insurance, doctors, dentists, clergy, or other similarly recognized profession.
(b)
Hospitals, medical clinics, and pharmacies.
(c)
Government and public utility offices.
(d)
Studios for photography, painting, music, dance, or other recognized fine arts.
(e)
Financial businesses such as brokerage houses, banks, credit unions, and savings and loan institutions.
(f)
Technical colleges, colleges, and universities.
(g)
Libraries, museums, and art galleries.
(h)
Accessory building or use, including a private garage, carport, and paved parking areas customarily incident to the above uses, but not involving the conduct of business.
(i)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(j)
Signs in conformity with the sign ordinance of Chippewa Falls.
(k)
Parking as required in Article V of this chapter.
(l)
Industrial, commercial, and business headquarters, when not adjacent to their manufacturing or retail operations.
(7)
CONDITIONAL USES. (Am. #99-25)
(a)
Radio and TV studios.
(b)
Day care establishments.
(c)
Veterinary clinics, provided that no service, including the boarding of animals, is offered outside of an enclosed building.
(d)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(e)
Buildings exceeding 60 feet in height.
(f)
Community living arrangements, community based residential facilities, and residential care apartment complexes, subject to State of Wisconsin licensing requirements. (Cr. #2015-02)
(1)
GENERAL PURPOSE. This district is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood and the character, appearance and operation of which are compatible with the character of the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 8,400 square feet.
Minimum Width, 80 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Retail stores and shops offering convenience goods and personal services and not exceeding 1,500 square feet of primary floor area.
(b)
Business, professional, or public service office not exceeding 1,000 square feet of primary floor area.
(c)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(d)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable and telephone distribution liens and other related accessories subject to approval by the City Public Works Department.
(6)
ACCESSORY BUILDINGS OR USES.
(a)
Residential quarters for the owner, proprietor, employer or caretaker located in the same building as the business and, providing a minimum residential floor area of 600 square feet.
(b)
Garages for storage of vehicles used in conjunction with the operation of the business.
(c)
Off-street parking and loading areas, located in the rear yard only, and as required in §§17.38—17.43 of this chapter.
(d)
Any other normal accessory structure or use.
(7)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Nursing homes, homes for the elderly and hospitals.
(c)
Day care centers, subject to State licensing requirements.
(d)
Rental apartments as a secondary use provided each apartment has a minimum residential floor area of 600 square feet.
(e)
Funeral homes.
(f)
Retail stores and shops with a primary floor area larger than 1,500 square feet.
(g)
Business, professional or public service office with a primary floor area larger than 1,000 square feet.
(h)
Automobile service stations.
(i)
Taverns and restaurants.
(j)
Laundromats and dry cleaners.
(k)
Transmission lines, antennas and towers, including, but not limited to, electric gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a more general retail and wholesale nature and office and service facilities serving a larger community trade area. The size and location should be based upon the relationship to the total community need and economy.
(2)
SETBACKS.
Minimum Front Yard, 15 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 5,000 square feet.
Minimum Width, 50 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Retail stores and shops.
(b)
Community and customer service establishments such as, but not limited to, the following:
1.
Business, professional, public service, banking, and savings and loan offices.
2.
Restaurants, taverns, theaters, bowling alleys, night clubs and other indoor commercial entertainment facilities.
3.
Laundromats, coin operated dry cleaning establishments, and laundry or dry cleaning pickup stations.
4.
Private clubs and lodges.
5.
Automobile service stations.
6.
Service and sales establishments for automobiles, not including the storage of junked or wrecked automobiles and parts.
(c)
Commercial studios, display galleries and vocational training schools.
(d)
Rental apartments as a secondary use on a non-ground floor level and providing a minimum residential floor area of 400 square feet.
(e)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(f)
Churches.
(g)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Hotels and motels. (Cr. #94-3)
(i)
Interior unit self-service storage facility consisting of a building with all units having an access door from an interior hallway. There shall be a separate secure 24 hour access entrance to interior units. Operations shall include a retail store front of related commercial activity. (Cr. #2017-12)
(6)
ACCESSORY BUILDINGS OR USES.
(a)
Garage for storage of vehicles used in conjunction with the operation of the business.
(b)
Off-street parking and loading areas located in §§17.38—17.43 of this chapter. (Am. #91-26)
(c)
Any other normal accessory structure or use.
(7)
CONDITIONAL USES.
(a)
Nursing homes, home for the elderly and hospitals.
(b)
Animal hospitals.
(c)
Appliance and small machinery repair establishments.
(d)
Lumber and building supply yards.
(e)
Commercial parking facilities.
(f)
Printing and publishing houses and related activities.
(g)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(h)
Day care centers, subject to State licensing requirements.
(i)
Personal storage facilities (self-storage/mini-warehouse) which means the primary use of a building containing individual, compartmentalized and controlled access spaces, rooms or lockers that are leased, rented or owned by different individuals for the storage of individual possessions or personal property. Building materials and architectural design features shall be consistent with the general design theme of the surrounding development. (Cr. #2017-17)
(1)
GENERAL PURPOSE. This district is intended to provide appropriate regulations to insure the compatibility of the diverse uses typical of the downtown area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other activities which contribute to its role as the heart of the City.
(2)
SETBACKS. None required, however, side yards when adjacent or abutting to residential districts will maintain a setback of 10 feet and rear yards when adjacent or abutting to residential districts will maintain a setback of 25 feet. Where side yards are provided a minimum of 10 feet shall be maintained.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 40 feet.
(4)
PERMITTED USES.
(a)
Retail stores and shops; churches.
(b)
Community and customer service establishments such as, but not limited to, the following:
1.
Business, professional, public service, banking, and savings and loan offices.
2.
Restaurants, taverns, theaters, bowling alleys, night clubs and other indoor commercial entertainment facilities.
3.
Laundromats, coin operated dry cleaning establishments, and laundry or dry cleaning pickup stations.
4.
Private clubs and lodges.
5.
Automobile service stations.
6.
Service and sales establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(c)
Commercial studios, display galleries, museums, libraries and vocational training schools. (Am. #98-12)
(d)
Rental apartments as a secondary use on a non-ground floor level and providing a minimum residential floor area of 400 square feet.
(e)
Printing and publishing houses and related activities.
(f)
Transportation terminals, not including trucking.
(g)
Commercial parking facilities.
(h)
Hotels and motels.
(i)
Appliance and small machinery repair establishments.
(j)
Signs in conformance with the sign ordinance of Chippewa Falls [Chapter 19].
(k)
Public utility distribution lines, including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Garage for storage of vehicles in conjunction with the operation of the business.
(b)
Off-street parking and loading areas as required in §§17.38—17.43 of this chapter. (Am. #97-29)
(c)
Any other normal accessory structure or use.
(6)
CONDITIONAL USES.
(a)
Rental apartments on the ground floor level.
(b)
Lumber and building supply yards.
(c)
General warehousing.
(d)
Experimental, testing and research laboratories.
(e)
Transmission lines, antennas and towers including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(f)
Day care centers, subject to State licensing requirements.
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 10 feet.
Minimum Aggregate Side Yard, 20 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area, 12,000 square feet.
Minimum Width, 100 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 20 feet.
(5)
PERMITTED USES.
(a)
Drive-in establishments providing service to customers without the necessity of their entering the building.
(b)
Gasoline service stations and truck stops.
(c)
Motels and motor hotels.
(d)
Outdoor sales areas such as garden shops, nursery or horticulture.
(e)
Lumber and building supply yards.
(f)
Restaurants.
(g)
Commercial entertainment facilities.
(h)
Churches.
(i)
Accessory building or use including a garage and paved parking areas customarily incident to the above uses, as required in §§17.38—17.43 of this chapter.
(j)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(k)
Sales and service establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(l)
Business, professional, public service, banking, and savings and loan offices.
(m)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(n)
Interior unit self-service storage facility consisting of a building with all units contained within that building and all units having an access door from an interior hallway. There shall be a separate, secure 24 hour access entrance to interior units. Operations shall include a retail store front of related commercial activity. (Cr. #2017-12)
(6)
CONDITIONAL USES.
(a)
Outdoor theaters, summer theaters and outdoor music amphitheaters.
(b)
Kennels.
(c)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(d)
Personal storage facilities (self-storage/mini-warehouse) which means the primary use of a building containing individual, compartmentalized and controlled access spaces, rooms or lockers that are leased, rented or owned by different individuals for the storage of individual possessions or personal property. Building materials and architectural design features shall be consistent with the general design theme of the surrounding development. (Cr. #2017-17)
(1)
GENERAL PURPOSE. This district is intended to provide for the orderly and attractive grouping in appropriately landscaped grounds of manufacturing or industrial operations which, on the basis of physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors; and to establish such regulatory controls as will reasonably insure compatibility with the surrounding area.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 35 feet.
(4)
PERMITTED USES.
(a)
Manufacturing, assembly, fabrication and processing plants and similar type industrial operations, not involving operational characteristics which would adversely affect surrounding uses or be basically incompatible with surrounding environmental character and not involving any substantial type of heavy trucking. Such as, but not limited to, the following: art needle work, hand weaving, tapestries, books, hand binding and tooling, compounding of cosmetics and pharmaceuticals, jewelry, precious metals, clay, leather, metal and glass products of a handicraft nature, medical, dental and drafting instruments, optical goods and equipment, watches, clocks and other similar precision instruments, small electronic or electrical apparatus, musical instruments and toys, radio and television broadcasting stations and studios, but not including sending or receiving towers, manufactured products from paper, but not the manufacture of pulp and paper.
(b)
Office buildings.
(c)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations, etc.
(d)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products, or any significant degree of danger or undesirable operational characteristics.
(e)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(f)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR PREMISES.
(a)
Office, storage, power supply, and other such uses normally auxiliary to the permitted principal use.
(b)
Off-street parking and loading facilities as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard or caretaker.
(6)
CONDITIONAL USES.
(a)
General warehousing, not to include open storage.
(b)
Lumber and building supply yards.
(c)
Kennels and animal hospitals.
(d)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for manufacturing, industrial and related uses of a limited nature and size in situations where such uses are not in basic industrial groupings and where the relative proximity to other uses requires more restrictive regulations.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 40 feet.
(4)
PERMITTED USES.
(a)
All uses permitted in §17.32(4)(a).
(b)
Manufacturing, assembly, fabrication and processing plants of a limited scope and not involving operational characteristics which would adversely affect surrounding uses or be basically incompatible with surrounding environmental character and not more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment. Such as, but not limited to the following: bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, except fish and meat products, sauerkraut, vinegar, yeast and the rendering of fats and oils and the vining of peas. Such as, but not limited to: articles made from previously prepared materials such as: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, wax, wire, yarns, and the like, musical instruments, toys, novelties, rubber or metal stamps and other small molded rubber products, fabrication and repair of electric or neon signs or other commercial advertising structures, light sheet metal products and the like; assembly and manufacture from prefabricated parts of household appliances, electronic products and similar products or the processing or assembling of parts for the production of finished equipment.
(c)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products or any significant degree of danger or undesirable operational characteristics.
(d)
Printing and publishing houses and related activities.
(e)
Tool making, cabinetry and repair shops.
(f)
General warehousing and not involving more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment.
(g)
Lumber and building supply yards and not involving more than 10 percent of the lot or tract is used for the open storage of products, materials or equipment.
(h)
Automobile body repair shop, not including the storage of junked or wrecked automobiles and parts.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(k)
Industrial product sales businesses involved in the sale, rent or lease of products generally intended for industrial or commercial users, with sales being either wholesale or retail. Industrial product sales may include the sale of machinery, equipment, special trade tools, welding supplies, office/industrial furniture and fixtures, restaurant equipment, and securing and surveillance equipment. Industrial product sales shall not include firms that are primarily engaged in retail sales to the general public. (Cr. #05-26)
(l)
Industrial service businesses involved in the repair or servicing of industrial or business machinery, equipment, or products, and businesses that provide specialized services for industries and businesses. Industrial service businesses may include welding shops; machine shops; tool and appliance repair, electric motor repair; enameling and plating; truck and large equipment repair and storage; headquarters for building, heating, plumbing, or electrical contractors; security and surveillance contractors; laundry, drycleaning, and carpet cleaning plants; and photo finishing laboratories. Industrial services shall not include outdoor services or activities for repair or salvage. (Cr. #05-26)
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Office, storage, power supply and other such uses normally auxiliary to the principal use.
(b)
Off-street parking, loading and service facilities, as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard or caretaker.
(6)
CONDITIONAL USES.
(a)
Kennels and animal hospitals, laboratories using animal products.
(b)
Transportation terminals including trucking.
(c)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses.
(d)
Office buildings.
(e)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. This district is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than in the I-2 district in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residence districts.
(2)
SETBACKS.
Minimum Front Yard, 25 feet.
Minimum Either Side Yard, 25 feet.*
Minimum Aggregate Side Yard, 50 feet.*
Minimum Rear Yard, 25 feet.*
*When adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, 6-foot high planting screen.
(3)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 50 feet.
(4)
PERMITTED USES.
(a)
Manufacturing, assembly, fabrication and processing plants.
(b)
Experimental, testing and research laboratories, not involving the keeping of animals or use of animal products or any significant degree of danger or undesirable operational characteristics.
(c)
Printing and publishing houses and related activities.
(d)
Tool making, cabinetry and repair shops.
(e)
General warehousing.
(f)
Transportation terminals including trucking.
(g)
Lumber and building supply yards.
(h)
Automobile body repair shops, not including the storage of junked or wrecked automobiles and parts.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(5)
ACCESSORY BUILDINGS OR USES.
(a)
Office, storage, power supply and other such uses normally auxiliary to the principal use.
(b)
Off-street parking, loading and service facilities, as required in §§17.38—17.43 of this chapter.
(c)
Residential quarters for the resident operator, guard, or caretaker.
(6)
CONDITIONAL USES.
(a)
Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives, fertilizers or glue.
(b)
Rendering plants, refineries or tanneries.
(c)
Stockyards or slaughterhouses.
(d)
Junk or salvage yards.
(e)
Storage of explosives except as incidental or a permitted use and storage of gasoline or petroleum in excess of 50,000 gallons.
(f)
Automobile body repair shops, including the storage of junked or wrecked automobiles and parts.
(g)
Animal hospitals, kennels and laboratories using animal products.
(h)
Any similar uses which in the opinion of the Plan Commission would be hazardous, noxious or offensive to the surrounding area.
(i)
Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses.
(j)
Any other uses not previously stated or permitted elsewhere.
(k)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum, and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substation, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. (Am. #99-25) This district is intended to provide specifically, defined areas where churches, schools, nursing homes, residential care apartment complexes, libraries, parks and other uses of a public or institutional nature are the primary use.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 15 feet.
Minimum Rear Yard, 25 feet.
Minimum Aggregate Side Yard, 30 feet.
(3)
LOT SIZE. (Am. #99-25)
Minimum Area:
(a)
Building sites, minimum 7,200 [square feet].
(b)
Residentail care apartment complexes:
1.
One to 4 residential units, 8,400 square feet.
2.
More than 4 residential units, 8,400 square feet, plus 1,200 square feet for each additional residential unit over 4.
Minimum Width, 80 feet.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 60 feet.
Maximum Permitted for Accessory Structure, 35 feet.
(5)
PERMITTED USES.
(a)
Public and private schools.
(b)
Churches and religious institutions.
(c)
Libraries, museums, art galleries and concert halls.
(d)
Cemeteries and mausoleums.
(e)
Parks, parkways, historical sites, recreational facilities and nature areas.
(f)
Public administrative offices and public service buildings.
(g)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(h)
Accessory building or use including a garage or paved parking areas.
(i)
Signs in conformity with the sign ordinance of Chippewa Falls [Chapter 19].
(j)
Parking as required in §§17.38—17.43 of this chapter.
(k)
Alcoholic beverage and food service facilities basically accessory to a permitted principal use, but open to the public and operated as a business, upon obtaining any required license or licenses.
(l)
Nursing homes. (Cr. #99-25)
(m)
Residential care apartment complexes with a minimum required floor area of 250 square feet per residential unit. (Cr. #99-25)
(6)
CONDITIONAL USES.
(a)
Private lodges and clubs.
(b)
Hospitals. (Am. #99-25)
(c)
Public service yards.
(d)
Radio and television transmission and relay towers.
(e)
Service facilities, other than alcoholic beverage and food service facilities, basically accessory to a permitted principal use, but open to the public and operated as a business, upon obtaining any required license or licenses.
(f)
Roadside stands for the sale only of products raised on the premises operated by the resident and subject to the following:
1.
Off-street parking for a minimum of 4 vehicles shall be provided.
2.
No stand shall be permitted in a location where it would create a traffic hazard or nuisance, and where permitted, driveways shall be located to minimize possible interference with normal flow of highway traffic.
3.
No such stand shall be closer than 30 feet to the existing street line or closer than 20 feet to any other lot line.
4.
Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.
5.
A general sign to advertise the stand, not more than 12 feet square in area, shall be permitted.
(g)
Accessory building or use including a private garage carport and paved parking areas customarily incident to the above uses, but not involving the conduct of a business.
(h)
Transmission lines, antennas and towers, including, but not limited to, electric, gas, petroleum, and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(1)
GENERAL PURPOSE. To preserve and perpetuate in an open state certain areas, such as, but not limited to, lakes and waterways, wetlands and marshes, floodplains and streambeds, woodlands, and other areas of aesthetic value which, because of their unique physical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green belts and other multiple purpose uses beneficial to the community.
(2)
SETBACKS.
Minimum Front Yard, 30 feet.
Minimum Either Side Yard, 15 feet.
Minimum Rear Yard, 25 feet.
(3)
LOT SIZE.
Minimum Area or Width: None.
(4)
HEIGHT.
Maximum Permitted for Principal Structure, 35 feet.
Maximum Permitted for Accessory Structure, 25 feet.
(5)
PERMITTED USES.
(a)
Management of forestry, wildlife and fish.
(b)
Fishing.
(c)
Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries and tree seeds.
(d)
Parks and forest preserves.
(e)
Public utility distribution lines including, but not limited to, electric, gas, water, television cable, and telephone distribution lines and other related accessories subject to approval by the City Public Works Department.
(6)
CONDITIONAL USES.
(a)
Dams and water storage and pumping facilities.
(b)
Public utility offices, transmission lines, antennas and towers, including but not limited to, electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants. This is subject to the provisions of §17.08(14) and is subject to all laws, rules, and regulations, statutory or administrative, governing the use and enjoyment of public right of ways. (Am. #2015-20)
(c)
Public parking areas that are directly elated to the use of the Conservancy District.
(d)
Designated bicycle and hiking trails.
(1)
PURPOSE. It is the intent and purpose of this section to regulate the placing of mobile homes of all types and varieties in the City of Chippewa Falls with regard to providing adequate standards to protect the public health, safety, morals, convenience and general welfare.
(2)
OCCUPANCY. No mobile home as defined in this chapter shall be occupied or used for living or sleeping purposes unless it is located in an area that has been granted a Special Use Permit by the City Council in accordance with the procedures set forth in this section. Temporary mobile homes or recreational vehicles used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the Zoning Administrator.
(3)
SPECIAL REGULATIONS FOR MOBILE HOME PARKS. The following regulations shall apply to mobile home parks:
(a)
Purpose. The mobile home park, as defined in §17.02 is established to:
1.
Provide regulations and standards for the development of a safe, healthy and well designed community for permanent mobile home living.
2.
Provide, in appropriately located areas within specific zoning districts, sites for mobile home living developed at reasonable density consistent with sound standards of public health and safety.
3.
Comply as much as possible with the objectives and purposes of each zoning district in which mobile home parks are located.
4.
Insure adequate light, air, access and open space for each mobile living unit.
5.
Regulate the mobile home park such that it will complement the land use policy of the zoning district.
(b)
Placement. Mobile home parks may be permitted in the R-3A and R-3B Districts in accordance with the provisions of this chapter.
(c)
Administration.
1.
Mobile Home Park Applications. New mobile home parks, as herein defined, shall require a special use permit, issued in accordance with the provisions of §17.48, Special Use Regulations, of this chapter. Applications for a special use permit shall contain the following information:
a.
Name and address of the applicant. If the owner of the land is other than the applicant, a duly verified statement by the owner that the applicant is authorized by him to construct the proposed park and make the application.
b.
Location and legal description of the proposed mobile home park.
c.
Existing easements/covenants affecting the property.
d.
Land characteristics, such as natural drainage, swamp areas and wooded areas.
e.
Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities.
f.
Complete preliminary engineering plans and specifications of the proposed park showing, but not limited to, the following:
1)
The area and dimensions of the tract of land.
2)
The number, location and size of all mobile home lots, and the location of common and recreational areas.
3)
The location and width of roadways and walkways.
4)
The location of the mobile home stands within the mobile home lot, including a detailed sketch of at least one typical mobile home space and stand therein.
5)
Plans and specifications of all utilities including: sewage collection and disposal, storm water drainage, water distribution and supply, solid waste storage and collection, lighting, electrical telephone and TV antenna systems.
6)
The number, location and size of all individual and common parking areas.
7)
Landscaping plans for the entire park, including a planting plan for the buffer strip.
8)
Plans and specifications of all buildings to be located within the park.
9)
Written statements describing proposed park operations, management, and maintenance including proposed fees and charges and rules to be established by the operator for conduct of persons within the park.
10)
Such other plans and specifications and information as may reasonably be required by the Plan Commission or City Council.
2.
Plan Commission Review and Recommendations. The Plan Commission shall review the Special Use Permit application to determine its conformity with land development trends in the community; standards of the Chippewa Falls Land Use Plan; and recognized principles of design, land use planning and landscape architecture. The Plan Commission shall forward the Special Use Permit application to the City Council with a recommendation that it be:
a.
Approved;
b.
Approved with conditions;
c.
Approved with modifications;
d.
Disapproved.
This communication must be made within 60 days of receipt of the Special Use Permit application.
3.
Determination of City Council. After receipt of the recommendation of the Plan Commission, the City Council shall make its determination regarding the Special Use Permit in accordance with §17.48, Special Use Regulations, of this chapter.
a.
Findings of Facts: Within 30 days after the close of the public hearing in regards to the proposed Special Use Permit, the City Council shall approved, approve with conditions, approve with modifications, or disapprove the Special Use Permit. For the City Council to make an affirmative recommendation, it must find in each of the following instances that:
1)
The establishment of a proposed mobile home park will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2)
The proposed mobile home park will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
3)
The proposed mobile home park will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.
4)
Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being, or will be provided.
5)
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(d)
Mobile Home Park Requirements.
1.
Park Size. The minimum size of a mobile home park shall be 5 acres.
2.
Density. The maximum density for mobile home parks shall be 8 mobile home units or lots per gross acre.
3.
Setbacks. No mobile home shall be located closer than 25 feet from any park property boundary line.
4.
Drainage and Landscaping. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner away from the mobile home stand; all mobile home sites shall be sodded or seeded and the park shall be attractively landscaped in accordance with a plan submitted at the time of initial permit application.
5.
Recreation Areas. Each park shall contain a recreation area. A minimum of one-half acre of area for such use shall be provided for each 100 sites. The minimum area in a park shall be one-half acre.
6.
Screening. All mobile home parks shall be provided with a screening of trees or shrubs along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. Within 6 months after issuance of the appropriate licenses and permits for the occupation of such mobile home park, the following plantings shall be established:
a.
A permanent planting of trees and shrubs so arranged and in sufficient numbers so as to form a solid wall of plant material. such planting shall be a minimum height of 2 feet at the original time of planting and shall be grown or maintained at a height of not less than 10 feet, except where line of sight vision is necessary for pedestrian or vehicular traffic safety.
7.
Permitted Uses. The following uses are permitted within mobile home parks:
a.
Mobile homes used for single-family residential uses.
b.
One single-family dwelling per park for the owner, operator or caretaker thereof.
c.
Service buildings such as park offices, laundromats, and recreational buildings provided that such uses be subordinate to the residential character of the park and are intended for use primarily by park residents.
d.
Accessory structures such as storage sheds, porches and carports as approved by the park management. Accessory structures shall meet the minimum setback requirements prescribed for the basic mobile home unit.
e.
Home occupations as permitted in §17.12 of this chapter.
8.
Prohibited Uses.
a.
Commercial sales of mobile homes.
b.
Dependent mobile homes and recreational vehicle shall be prohibited from placement and occupancy within mobile home parks.
9.
Access, Street and Parking Requirements.
a.
General Requirements: All mobile home stands shall be provided with safe, convenient access to public streets and roads. Such access shall be provided by private streets located within the park boundaries.
b.
Park Entrances: Entrances to parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No entrance shall be from a local road through a residential subdivision.
c.
Interior Streets: Paving requirements for interior streets shall adhere to locally applicable codes and shall meet the following width standards:
2-way street, parking on both sides: 32 feet.
2-way street, parking on one side: 25 feet.
2-way street, parking prohibited: 18 feet.
1-way street, parking on one side: 22 feet.
1-way street, parking prohibited: 14 feet.
d.
Parking Requirements:
1)
A minimum of 2 improved parking spaces shall be provided for each mobile home, one of which will be on the mobile home site.
2)
An open, well drained, dust free storage area for the parking of boats, trailers and outside vehicles shall be provided. The minimum size of such area shall be 100 square feet per mobile home site. The storage area shall be fenced to prevent access from outside the park.
3)
Walkways. Pedestrian walkways shall be provided in the area of the service buildings, along major streets, and other locations of anticipated heavy foot traffic. Walkways shall be a minimum of 3 feet wide and be dust free. In addition, each mobile home stand shall be provided with a walkway from the stand to the street or parking space.
10.
Sanitation. All appropriate state, county and City sanitation regulations shall be strictly observed.
11.
Utilities. All utilities, including television and telephone services shall be underground whenever possible.
(e)
Mobile Home Site Requirements. Each site for the placement of mobile homes shall be clearly staked or otherwise delineated and shall meet the following standards:
1.
Minimum Lot Size. Individual lots within the mobile home. park shall contain an area of not less than 5,000 square feet and shall have a minimum width, at the narrowest point, of 50 feet.
2.
Mobile Home Stand. A mobile home stand with minimum dimensions of 17 feet by 70 feet intended for the actual placement of the mobile home shall be provided on each mobile home site. The stand shall be hard surfaced with asphalt, concrete or similar material and provide adequate drainage and support against settling and frost heave. The mobile home stand shall be equipped with tie downs and anchors to secure the mobile home against winds.
3.
Required Separation Between Mobile Homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or porch attached to the mobile home shall, for purposes of separation requirements, be considered a part of the mobile home. The basic unit shall not occupy in excess of one-fourth of the area of the lot and the complete unit including all accessory structures shall not occupy more than one-half of the area of the lot.
4.
Setback and Buffer Strips. Each mobile home shall be located at least 5 feet from any mobile home lot line. There shall be a minimum setback of the mobile home of 20 feet from the front, or main street side of the lot and of at least 10 feet from the rear of the lot. All mobile homes shall be located at least 25 feet from any park property boundary line.
5.
Skirting. Skirting shall be placed and maintained around the base of all mobile homes.