For the purpose of this chapter, the city is divided into the zoning districts described in this article.

(1)

District boundaries. Boundaries of these districts are hereby established as shown on a map entitled "Official Zoning Map, City of Delafield, Wisconsin." Such boundaries shall be construed to follow corporate limits; U.S. public survey lines; and centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the zoning map.

(2)

Boundaries of conservancy districts. Boundaries of conservancy districts as drawn on the official zoning map are intended to represent the edge of wetlands, swamps, marshes and floodlands or the high water line along a stream or watercourse and the boundaries of public parklands. Modification of the conservancy district boundaries to exempt lands from this classification may be permitted if a property owner presents documentation that the land or a portion of it does not contain soil types which are poorly drained, very poorly drained or wet alluvial land according to the Soil Survey for Waukesha County prepared by the U.S. Department of Agriculture Soil Conservation Service.

(3)

Boundaries of shoreland-wetland districts.

a.

The Shoreland-Wetland Zoning District includes all wetlands in the city which are five acres or more in size and are shown on the final wetland inventory map that has been adopted and made a part of this chapter in section 52-111(ac)(9) and which are:

1.

Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Ponds or flowages in the city shall be presumed to be navigable if they are listed in the department of natural resources' publication "Surface Water Resources of Waukesha County" or are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been made a part of this chapter in section 52-111(ac)(9).

2.

Within 300 feet of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in section 52-111(ac)(9). Floodplain zoning maps adopted in section 52-111(ac)(9) shall be used to determine the extent of floodplain areas.

b.

Determinations of navigability and ordinary high water mark location shall initially be made by the administrator. When questions arise, the administrator shall contact the appropriate district office of the department for a final determination of navigability or ordinary high water mark.

c.

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and the actual field conditions at the time the maps were adopted, the administrator shall contact the appropriate district office of the department to determine if the shoreland-wetland district boundary as mapped is in error. If department staff concur with the administrator that a particular area was incorrectly mapped as a wetland, the administrator shall have the authority to immediately grant or deny a land use or building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official zoning maps, the administrator shall be responsible for initiating a map amendment within a reasonable period. See sections 52-292 to 52-296.

d.

Under Wis. Stats. § 144.26(2m), notwithstanding any other provision of law or administrative rule, wetland zoning ordinances required under Wis. Stats. § 62.231, and ch. NR 117, Wis. Admin. Code, do not apply to lands adjacent to farm drainage ditches if:

1.

Such lands are not adjacent to a natural navigable stream or river.

2.

Those parts of the drainage ditches adjacent to such lands were not navigable streams before ditching.

3.

Such lands are maintained in nonstructural agricultural use.

e.

Wetlands lying between bulkhead lines and the ordinary high water mark or which have been filled prior to adoption of the shoreland-wetland provisions of this chapter and the final wetland maps are not regulated by the shoreland-wetland provisions of this chapter.

(4)

Boundaries of residential lake districts. Boundaries of residential lake districts as drawn are intended to include subdivisions which immediately abut a lake or stream. A lot in a residential lake district subdivision shall not be subdivided so as to create an additional lot or lots which do not abut the lake or stream without prior permission of the plan commission.

(5)

Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(6)

Zoning of annexed land.

a.

Temporary zoning. Pursuant to Wis. Stats. § 66.021(7), the common council shall refer to the plan commission for recommendation as to temporary zoning classification any land being considered for annexation and shall include in the annexation ordinance a provision designating a temporary zoning district classification for such area.

b.

Permanent zoning. As soon as practical after the annexation is final, the zoning classification for such annexed area shall be established by zoning amendment.

(7)

Environmental corridor boundary.

a.

Purpose and intent. Environmental corridor boundary, as mapped or intended to be mapped, includes primary or secondary environmental corridors as defined in the comprehensive plan, and is intended to be used to preserve, protect, enhance, and restore significant woodlands, upland wildlife habitat areas, scenic overlooks, slopes exceeding 12 percent, and upland wooded areas. Areas designated as being within the environmental corridor may be used for limited residential purposes; provided, however, that residential densities in such areas may not exceed one unit per five acres for all parcels or portions of parcels that lie within the environmental corridor boundary, exclusive of the C-1 conservancy areas. Where questions arise as to the exact location or boundary of an environmental corridor boundary, the extent and location of such corridors shall be field delineated in conjunction with SEWPRC standards for PEC and finally approved by the zoning administrator or his/her designee.

b.

Density and lot size.

1.

In determining the density allowed for any proposed development which includes lands within the environmental corridor boundary one dwelling unit may be permitted for each five acres of land, in either private or common ownership, located entirely within the environmental corridor boundary area; provided, however, that the minimum residential lot size shall be determined in accordance with the underlying zoning district.

2.

Lots or parcels may be created which include lands located partially within the environmental corridor boundary, provided that the building envelope is located outside the environmental corridor boundary, and provided further that no earth altering activity shall be allowed within the environmental corridor boundary. These restrictions shall be noted on the face of any certified survey map or subdivision plat which create lots which include lands located partially within the environmental corridor boundary.

c.

Preservation of open space.

1.

For parcels lying entirely within an environmental corridor boundary, no open space requirement shall apply. However, all area of disturbance, earth altering activity and vegetative removal, including building sites patio space, lawn area and driveways, shall not exceed 15 percent of five acres (32,600 square feet).

2.

For parcels that lie partially within the environmental corridor boundary, the allowable area of disturbance shall be limited to that portion of the lot outside of the environmental corridor unless otherwise permitted by a building envelope on the certified survey map, subdivision plat or other document. The maximum allowable land disturbance within the environmental corridor boundary shall be proportional to the area of lot that falls within the defined boundary. Only 15 percent of the area within the environmental corridor boundary unique to each lot may be disturbed.

(8)

Wetland setback. In all districts, a minimum setback shall be employed to protect and prevent deterioration of existing wetland assets. The wetland setback shall conform to the minimum interior side yard identified in the district bulk regulations.

(Code 1997, § 17.35; Rep. and Recr. #411; Cr. #619; Am. #719)

(a)

A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter, shall bear upon its face the attestation of the mayor and city clerk and shall be available to the public in the office of the city clerk.

(b)

Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.

(Code 1997, § 17.36; Rep. and Recr. #411)

In all districts, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1)

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

(2)

Churches, rectories, parsonages, parish houses and synagogues as conditional uses, subject to the provisions of article V of this chapter.

(Code 1997, § 17.37; Rep. and Recr. #411)

Accessory uses and structures shall be on the same lot as the principal use. The following accessory uses and structures are permitted in the RE-3, RE-2, RE-1, RL-1, RL-1A, RL-2, R-1, R-1D, R-2, R-3, R-4, R-5a, R-6, R-7-EH, B-1, B-1-A, CBD-1, CBD-2, CBD-3, and CBD-4 Zoning Districts when a residential use already exists on a lot:

(1)

Attached garages.

(2)

A maximum of two accessory buildings, subject to the following provisions unless otherwise approved as part of a Planned Unit Development:

a.

Aggregate square footage of accessory buildings shall not exceed 600 square feet on lots less than 10,000 square feet.

b.

Aggregate square footage of accessory buildings shall not exceed 720 square feet on lots between 10,000 square feet and 32,000 square feet.

c.

Aggregate square footage of accessory buildings shall not exceed 2.25 percent, up to a maximum of 1,200 square feet, on lots larger than 32,000 square feet.

d.

Plan Commission may grant approval for accessory buildings larger than 1,200 square feet on lots greater than three acres upon satisfaction of the standards set forth in Section 52-110(1)e.

e.

Plan Commission approval is required for any individual accessory building that exceeds 720 square feet in size. The following standards apply to all accessory buildings that require Plan Commission approval:

1.

The accessory building shall be compatible with the principal building.

2.

Steel and aluminum sided structures must be located a minimum of 50 feet from a lot line and are only allowed on lots five acres or greater.

3.

Roofing materials are limited to dimensional shingles, tile, cedar shake, or manufactured slate. Metal roofing may be considered if it is compatible with the principal structure.

4.

Architectural requirements may apply, such as proportions or inundations of building materials, placement of windows, and number and type of doors.

5.

Exterior lighting shall comply with section 52-27. All lighting shall be limited to downward and shielded lighting.

6.

Landscaping may be required to minimize the impact of the structure on the neighborhood.

7.

The plan commission may require that a written restriction be drafted by city staff and recorded against the premises with Waukesha County Register of Deeds that documents any restrictions of plan commission's approval. The restrictions may also prohibit commercial operations and any human habitation, unless otherwise approved by this chapter.

f.

No accessory structure shall contain the amenities of a living unit, and human habitation and sleeping quarters are prohibited.

g.

Plumbing is limited to a single sink and toilet. Shower or kitchenette facilities are prohibited. A separate sewer connection is required. If any plumbing is proposed in an accessory building, a written restriction shall be drafted by city staff and recorded against the premises with Waukesha County Register of Deeds that prohibits commercial operations and any human habitation, unless otherwise approved by this chapter. Plumbing in boathouses shall comply with section 52-25 of this chapter.

(3)

Home occupations as defined in section 52-11 of this chapter, provided that such occupation does not substantially change the character of the premises or of the neighborhood, and no article is sold or offered for sale on the premises, unless produced by such occupation.

(4)

Signs as indicated in section 52-230 of this chapter.

(5)

Boathouses but limited to one per residential lake lot.

(6)

Private piers complying with Wis. Stats. § 30.12, pertaining to structures and deposits in navigable waters.

(7)

The housing of livestock is prohibited on lots less than three acres in size other than chickens as described in section 52-110(8).

(8)

The keeping of chickens is permitted in all single-family residential districts provided that the lot area exceeds one acre and complies with the following:

a.

A maximum of five adult chickens per acre, not to exceed a total of 20 adult chickens on the premises, may be kept for non-commercial use.

b.

All chickens must be provided adequate shelter with appropriate ventilation.

c.

Chickens must be allowed to roam in a confined pen outside of the shelter.

d.

All feed must be stored in sealed containers to prevent attracting vermin.

e.

Only female hens may be kept.

f.

Male roosters, or any chickens that crow, are prohibited.

(Code 1997, § 17.38; Rep. and Recr. #411; Cr. #648; Am. #648; Rep. & Recr. #679; Am. #719; Rep. #719)

(Ord. No. 827, § 1, 2-22-2024)

(a)

C-1 Conservancy District.

(1)

Intent. The C-1 Conservancy District is intended to preserve, protect and enhance the ponds, streams, islands, wetlands and public parklands in the city. This district has been applied to wetland areas and other high value resource lands in accordance with the city's comprehensive plan. Filling, dumping and drainage are prohibited as are buildings and structures, except as may be permitted below. All structures shall be set back 50 feet from the ordinary high water mark. The boundaries of conservancy districts have been established as outlined in section 52-107.

(2)

Permitted uses. The following are permitted uses:

a.

The harvesting of any wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

b.

Sustained yield forestry.

c.

Dams and hydroelectric power stations.

d.

Utility conduits and lines.

e.

Nonresidential buildings used wholly in conjunction with the raising of animals, fowl or fish adapted to wetlands.

f.

Public parks and buildings and recreational facilities used in conjunction with the operation and maintenance of a park.

(3)

Conditional uses. If through good site and engineering designs a development can be created which is compatible and harmonious with the natural amenities of the conservancy district area and with surrounding land uses, then a request for a conditional use for such development may be submitted. Such requests shall be accompanied by an overall plan of the entire site showing roads, parking areas, lot lines, easements, the location of tree cover, including the designation of individual trees of four inches in diameter or more, the location of other natural and biological features, such as wetlands and areas of valuable wildlife habitat, drainage ways and location of proposed structures, existing contours and proposed grading, drainage utilities and landscaping in such details as the administrator shall require before it may be reviewed by the plan commission. The approval of such request by the common council shall require a finding that:

a.

The development will not detrimentally affect or destroy natural features, such as ponds, streams, wetlands and forested areas, but will preserve and incorporate such features into the development's site design.

b.

The location of natural features and the site's topography have been considered in the design and siting of all physical improvements.

c.

Adequate assurances have been received so that the clearing of the site of topsoil, trees and other natural features before the commencement of building operations will occur. Only those areas approved for the placement of physical improvements may be cleared.

d.

The development will not substantially reduce the natural retention storage capacity of any watercourse, thereby increasing the magnitude and volume of flood at other locations.

e.

The soil and subsoil conditions are suitable for excavation and site preparation and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

f.

The development will be free from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, fumes, water pollution and other objectionable influences.

g.

The petitioner will be substantially damaged by being required to place the intended development outside the conservancy district.

h.

A financial plan to guarantee the completion of the project shall be submitted to and approved by the common council prior to commencing work on any such project.

i.

The Wisconsin Department of Natural Resources has indicated in writing that they have no objection to the proposed project.

(b)

A-1 Agricultural and Residential Holding District.

(1)

Intent. The A-1 Agricultural and Residential Holding District is intended to maintain and preserve existing large-scale farming operations and provide for small farm units located in areas which are predominantly agricultural in character. It is also intended to provide a holding zone for large parcels of land which are intended for rezoning for a more dense residential development at a future date.

(2)

Permitted uses. The following are permitted uses:

a.

Single-family dwellings.

b.

Single-family dwellings in conjunction with an agricultural operation.

c.

Ordinary farm uses, including dairying, truck farming and livestock and poultry raising, provided not more than one head of livestock nor more than 20 fowl are kept for each acre of lot area, except that the keeping of hogs, male goats or fur bearing animals shall not be permitted on less than 20 acres.

d.

Accessory uses and buildings normally associated with an agricultural operation.

e.

Signs not to exceed 12 square feet in area, displaying the name of a farm or farm organization.

f.

Nurseries, greenhouses, hatcheries and horticulture.

g.

Roadside stands, subject to the following:

1.

Off-street parking for a minimum of four vehicles shall be provided.

2.

No such stand shall be closer than 30 feet to the base setback line or closer than 20 feet to any other lot line nor more than 100 square feet in ground area.

(3)

Accessory uses. See section 52-110.

(4)

Conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be three acres, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(6)

Minimum lot width. Minimum lot width shall be 200 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 30 feet.

(9)

Minimum corner side yard. Minimum side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 50 feet.

(11)

Minimum setback from ordinary high water mark. Minimum setback from ordinary high water mark shall be 50 feet.

(12)

Height regulations.

a.

Residences. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak for gable, gambrel, hip and pitch roofs.

b.

Farm buildings. 60 feet maximum.

c.

Other buildings. Fifteen feet maximum, 20 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(13)

Minimum building floor area. See section 52-18.

a.

Total one family. 1,200 square feet.

b.

First floor. 900 square feet.

c.

Site plan requirement. None.

(14)

Minimum open space. Minimum open space shall be 90,000 square feet.

(c)

A-1E Exclusive Agricultural District.

(1)

Intent. The A-1E Exclusive Agricultural District is designed to comply with Wisconsin's Farm Preservation Act and is intended to maintain and preserve existing large-scale farming operations and provide for small farm units of 35 acres or more located in areas which are predominantly agricultural in character.

(2)

Permitted uses. One-family dwellings in conjunction with an agricultural operation to be occupied by the farmer, one of his relatives or a person working on the farm.

(3)

Accessory uses. See section 52-110.

(4)

Conditional uses.

a.

See article V of this chapter.

b.

Conditional uses must be agriculturally related, religious, other utility, institutional or governmental uses, which do not conflict with agricultural uses and are found to be necessary in light of alternative locations available for such use.

(5)

Minimum lot area. Minimum lot area shall be 35 acres for uses as in subsection (c)(2) of this section.

(6)

Minimum lot width. Minimum lot width shall be 200 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 30 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 50 feet.

(11)

Height regulations.

a.

Residences. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Farm buildings. 60 feet maximum.

(12)

Minimum building floor area. See section 52-18.

a.

Total one family. 1,200 square feet.

b.

First floor. 900 square feet.

c.

Site plan requirement. None.

(13)

Minimum open space. Minimum open space shall be 90,000 square feet.

(d)

RE-3 Three-Acre Rural Estate District.

(1)

Intent. This district is intended to provide for high quality, low density, single-family development on three-acre lots, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(2)

Permitted uses. Single-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Permitted accessory uses. See section 52-110. Also, noncommercial barns, stables, and sheds for use only by the resident lot owner are permitted accessory uses, subject to the requirements of section 52-110(9).

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot width. Minimum lot width shall be 200 feet.

(6)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(7)

Minimum interior side yard. Minimum interior side yard shall be 30 feet.

(8)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(9)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(10)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(11)

Minimum open space. Minimum open space shall be 90,000 square feet.

(12)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,500 square feet.

b.

First floor. 900 square feet.

(e)

RE-2 Two-Acre Rural Estate District.

(1)

Intent. This district is intended to provide for high quality, low density, single-family development with two-acre lots.

(2)

Permitted uses. Single-family dwellings and uses indicated in section 52-109.

(3)

Permitted accessory uses. See section 52-110.

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 87,120 square feet (two acres), unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(6)

Minimum lot width. Minimum lot width shall be 200 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 30 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Minimum open space. Minimum open space shall be 60,000 square feet.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,500 square feet.

b.

First floor. 900 square feet.

(f)

RE-1 One-Acre Rural Estate District.

(1)

Intent. This district is intended to provide for high quality, low density, single-family development on one-acre lots.

(2)

Permitted uses. Single-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Permitted accessory uses. See section 52-110.

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 43,560 square feet (one acre), unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(6)

Minimum lot width. Minimum lot width shall be 140 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 20 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 20 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Minimum open space. Minimum open space shall be 30,000 square feet.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,200 square feet.

b.

First floor. 900 square feet.

(g)

RL-1 Residential Lake District.

(1)

Permitted uses. Single-family dwellings and uses indicated in section 52-109 are permitted uses.

(2)

Permitted accessory uses. See section 52-110.

(3)

Permitted conditional uses. See article V of this chapter.

(4)

Minimum lot area. Minimum lot area shall be 40,000 square feet.

(5)

Minimum lot width. Minimum lot width shall be 100 feet.

(6)

Minimum front street yard setback. Minimum front yard setback shall be 50 feet.

(7)

Minimum setback from the ordinary high water mark. Minimum setback from ordinary high water mark shall be 60 feet.

(8)

Minimum shore frontage.

a.

Existing lots. 100 feet at ordinary high water mark.

b.

Newly created lots. 150 feet at ordinary high water mark, see section 52-22 for additional regulations.

(9)

Minimum rear yard when not fronting on lake. Minimum rear yard when not fronting on lake shall be 15 feet.

(10)

Minimum interior side yard. Minimum interior side yard shall be 15 feet.

(11)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(12)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building other than a boathouse. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

c.

Boathouse above ordinary water level. 12 feet or 18 feet. See section 52-25.

(13)

Maximum floor area ratio. 0.25.

(14)

Minimum open space. Minimum open space shall be 30,000 square feet.

(15)

Minimum building floor area regulations. See section 52-18.

a.

Single story. 1,500 square feet.

b.

Two story. 1,800 square feet.

c.

First floor. 1,200 square feet.

(16)

Impervious surface. See section 52-28.

(h)

RL-1A Residential Lake District.

(1)

Intent. The RL-1A Residential Lake District is intended to include subdivisions which immediately abut a lake or stream and are intermediate between RL-1 and RL-2 densities.

(2)

Permitted accessory uses. See section 52-110.

(3)

Permitted conditional uses. See article V of this chapter.

(4)

Minimum lot area. Minimum lot area shall be 20,000 square feet.

(5)

Minimum lot width. Minimum lot width shall be 80 feet.

(6)

Minimum front street yard setback. Minimum front street yard setback shall be 50 feet.

(7)

Minimum setback from the ordinary high water mark. Minimum setback from ordinary high water mark shall be 55 feet.

(8)

Minimum shore frontage.

a.

Existing lots. 80 feet at ordinary high water mark.

b.

Newly created lots. 150 feet at ordinary high water mark, see section 52-22 for additional regulations.

(9)

Minimum interior side yard. Minimum interior side yard shall be 15 feet.

(10)

Minimum rear yard when not fronting on lake. Minimum rear yard when not fronting on lake shall be 15 feet.

(11)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(12)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building other than a boathouse. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

c.

Boathouse above ordinary high water level. 12 feet or 18 feet. See section 52-25.

(13)

Maximum floor area ratio. 0.25.

(14)

Minimum open space. Minimum open space shall be 15,000 square feet.

(15)

Minimum building floor area regulations. See section 52-18.

a.

Single story. 1,200 square feet.

b.

Two story. 1,500 square feet.

c.

First floor. 1,000 square feet.

(16)

Impervious surface. See section 52-28.

(i)

RL-2 Residential Lake District.

(1)

Intent. The RL-2 Residential Lake District is intended to include subdivisions which immediately abut a lake or stream.

(2)

Permitted uses. Single-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Permitted accessory uses. See section 52-110.

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 10,000 square feet.

(6)

Minimum lot width. Minimum lot width shall be 50 feet.

(7)

Minimum front street yard setback. Minimum front street yard setback shall be 25 feet.

(8)

Minimum setback from the ordinary high water mark. Minimum setback from ordinary high water mark shall be 50 feet.

(9)

Minimum shore frontage.

a.

Existing lots. 50 feet at ordinary high water mark.

b.

Newly created lots. 150 feet at ordinary high water mark, see section 52-22 for additional regulations.

(10)

Minimum interior side yard. Minimum interior side yard shall be eight feet.

(11)

Minimum rear yard when not fronting on lake. Minimum rear yard when not fronting on lake shall be eight feet.

(12)

Minimum corner side yard. Minimum corner side yard shall be 25 feet.

(13)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building other than a boathouse. Ten feet maximum, 15 feet maximum peak height.

c.

Boathouse above ordinary high water level. 12 feet or 18 feet. See section 52-25.

(14)

Maximum floor area ratio. 0.40.

(15)

Minimum open space. Minimum open space shall be 7,000 square feet.

(16)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,100 square feet.

b.

First floor. 900 square feet.

(17)

Impervious surface. See section 52-28.

(j)

R-1 Single-Family Residence.

(1)

Intent. This district is intended to provide for high quality single-family developments on approximately three-quarter-acre lots.

(2)

Permitted uses. Single-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Permitted accessory uses. See section 52-110.

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 30,000 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(6)

Minimum lot width. Minimum lot width shall be 120 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 20 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 20 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Minimum open space. Minimum open space shall be 25,000 square feet.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,200 square feet.

b.

First floor. 850 square feet.

(14)

Maximum floor area ratio. 0.20.

(k)

R-1D Single-Family Residence - Downtown.

(1)

Intent. This district is intended to protect the predominantly single-family residential character of the neighborhoods in the older part of the city adjacent to the downtown business district. The purposes and intent of the district is similar to the R-1 Single-Family District, except that the R-1D Single-Family - Downtown district recognizes that many of the existing lots in the older sections of the city are smaller than the lot sizes required in the R-1 Single-Family District and the lot size requirements are reduced accordingly.

(2)

Permitted uses. Single-family dwelling and uses indicated in section 52-109 are permitted uses.

(3)

Permitted accessory uses. See section 52-110.

(4)

Permitted conditional uses. See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 10,000 square feet.

(6)

Minimum lot width. Minimum lot width shall be 100 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 15 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 25 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 20 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip, and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Minimum open space. Minimum open space shall be 5,000 square feet.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,200 square feet.

b.

First floor. 850 square feet.

(14)

Maximum floor area ratio. 0.50.

(l)

R-2 Single- and Two-Family Residential District.

(1)

Permitted uses. Single- and two-family residences and uses indicated in section 52-109 are permitted uses.

(2)

Permitted accessory uses. See section 52-110.

(3)

Permitted conditional uses. See article V of this chapter.

(4)

Minimum lot area. Minimum lot area shall be 30,000 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(5)

Minimum lot width. Minimum lot width shall be 120 feet.

(6)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(7)

Minimum interior side yard. Minimum interior side yard shall be 20 feet.

(8)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(9)

Minimum rear yard. Minimum rear yard shall be 20 feet.

(10)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(11)

Maximum floor area ratio. 0.20.

(12)

Minimum open space. Minimum open space shall be 22,000 square feet.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,200 square feet per family unit.

b.

First floor. 850 square feet per family unit.

(m)

R-3 Single- and Two-Family Residential District.

(1)

Permitted uses. Single- and two-family residences and uses indicated in section 52-109 are permitted uses.

(2)

Permitted accessory uses. See section 52-110.

(3)

Permitted conditional uses. See article V of this chapter.

(4)

Minimum lot area. Minimum lot area shall be 20,000 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(5)

Minimum lot width. Minimum lot width shall be 100 feet.

(6)

Minimum front yard setback. Minimum front yard setback shall be 50 feet.

(7)

Minimum interior side yard. Minimum interior side yard shall be 16 feet.

(8)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(9)

Minimum rear yard. Minimum rear yard shall be 16 feet.

(10)

Minimum setback from ordinary high water mark. Minimum setback from ordinary high water mark shall be 50 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Maximum floor area ratio. 0.25.

(13)

Minimum open space. Minimum open space shall be 15,000 square feet.

(14)

Minimum building floor area regulations. See section 52-18.

a.

Total. 1,100 square feet per family unit.

b.

First floor. 850 square feet per family unit.

(n)

R-4 Single- and Two-Family Residential District.

(1)

Permitted uses. Single- and two-family dwellings and uses indicated in section 52-109 are permitted uses.

(2)

Permitted accessory uses. See section 52-110.

(3)

Permitted conditional uses. See article V of this chapter.

(4)

Minimum lot area. Minimum lot area shall be 7,900 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(5)

Minimum lot width. Minimum lot width shall be 66 feet.

(6)

Minimum front yard setback. Minimum front yard setback shall be 25 feet.

(7)

Minimum interior side yard. Minimum interior side yard shall be ten feet.

(8)

Minimum corner side yard. Minimum corner side yard shall be 25 feet.

(9)

Minimum rear yard. Minimum rear yard shall be ten feet.

(10)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(11)

Maximum floor area ratio. 0.65.

(12)

Minimum open space. Minimum open space shall be 4,000 square feet per family.

(13)

Minimum building floor area regulations. See section 52-18.

a.

Total, two families. 900 square feet per family.

b.

Total, one family. 1,000 square feet.

c.

First floor. 850 square feet per family unit.

(o)

R-5a PUD St. John's Single- and Two-Family Residential District.

(1)

Intent. The R-5a district was previously established specifically to regulate the development of St. John's-On-The-Lake subdivision. This zoning district includes additional regulations which are contained in conditional use documents applicable to St. John's-On-The-Lake subdivision. Additional districts of this type shall not be created elsewhere in the city.

(2)

Permitted uses. Single- and two-family residences are permitted uses.

(3)

Permitted accessory uses. As indicated in section 52-110.

(4)

Permitted conditional uses. See conditional use documents.

(5)

Minimum front yard setback. Minimum front yard setback shall be 50 feet from Genesee Street; 35 feet from all other public streets in the project.

(6)

Minimum interior side yard. Minimum interior side yard shall be 20 feet, except where abutting a more restrictive district, the minimum shall be 30 feet.

(7)

Minimum rear yard. Minimum rear yard shall be 20 feet, except where abutting a more restrictive district, the minimum shall be 30 feet.

(8)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(9)

Minimum setback from shore lot line. Minimum setback from shore lot line shall be 60 feet.

(10)

Maximum floor area ratio. 0.25.

(11)

Minimum project site area. Minimum project site area shall be ten acres.

(12)

Minimum open space. Minimum open space shall be 12,000 square feet per each dwelling unit.

(13)

Open space formula. Open space = (total project area square feet) - (roads + ROW + first floor areas) divided by project density.

(14)

Minimum building floor area. See section 52-18.

a.

Single-family.

1.

Single story. 1,500 square feet per dwelling unit.

2.

Two story.

(i)

First floor: 1,200 square feet per dwelling unit.

(ii)

Total: 1,800 square feet per dwelling unit.

b.

Two-family.

1.

Single story. 1,400 square feet per dwelling unit.

2.

Two story.

(i)

First floor: 750 square feet per dwelling unit.

(ii)

Total: 1,400 square feet per dwelling unit.

(15)

Relationship to chapter 44, pertaining to subdivisions.

a.

Unless specifically waived by the plan commission in part or in whole, the regulations of chapter 44, pertaining to subdivisions, shall apply to this zoning classification and any developments shall apply to this zoning classification and any developments under the terms of this section shall be classified a subdivision irrespective of the definition of "subdivision" contained in chapter 44.

b.

For the purpose of computing the dedication of sites or their alternate, each dwelling unit shall be considered as a separate residential dwelling unit and the provision of section 52-13 and/or chapter 44, pertaining to subdivisions, shall determine the appropriate ratio.

(16)

Special provisions. This district is subject to all regulations contained in the conditional use documents applicable to St. John's-On-The-Lake subdivision and on file in the city clerk-treasurer's office.

(p)

R-6 Multiple-Family Residential District.

(1)

Intent. The R-6 district is intended to provide for attached multiple-family housing developments. All housing permitted in this district shall be served by public sanitary sewer service, except for housing developments or complexes in districts zoned R-6 at the time of adoption of the ordinance from which this chapter is derived. Only multifamily developments or complexes in R-6 Districts existing prior to adoption of the ordinance from which this chapter is derived may be reconstructed or enlarged without public sanitary sewer service.

(2)

Permitted uses. Attached multiple-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Accessory uses. See section 52-110.

(4)

Conditional uses. See article V of this chapter.

(5)

Minimum lot area per dwelling unit. The minimum lot area per dwelling unit shall be exclusive of parking area required.

(6)

Maximum number of units per building. Maximum number of units per building shall be 36, of which not more than one in three may be efficiency units.

(7)

Minimum lot width. Minimum lot width shall be 100 feet.

(8)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(9)

Minimum interior side yard. Minimum interior side yard shall be 15 feet each.

(10)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(11)

Minimum rear yard. Minimum rear yard shall be 50 feet.

(12)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(13)

Minimum open space. Minimum open space shall be 500 square feet per dwelling unit.

(14)

Minimum dwelling unit floor area. See section 52-18.

(q)

R-7-EH Multiple-Family Elderly Housing District.

(1)

Intent. The R-7-EH district is intended to provide for attached multiple-family housing developments designed specifically for elderly residents and located in areas that are both compatible with and convenient to the residents of such a district. All housing in this district must either be deed restricted or licensed as an elderly housing facility, as allowed under state and federal fair housing regulations. All new housing permitted in this district shall be served by public sanitary sewer service.

(2)

Permitted uses. Attached multiple-family dwellings and uses indicated in section 52-109 are permitted uses.

(3)

Accessory uses. See section 52-110.

(4)

Conditional uses. See article V of this chapter.

(5)

Minimum lot area per dwelling unit. Minimum lot area per dwelling unit shall be as follows:

(6)

Minimum lot width. Minimum lot width shall be 100 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be 15 feet for each side yard.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 25 feet.

(11)

Maximum building height.

a.

Residence. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Maximum number of units per building. Maximum number of units per building shall be 60 units.

(13)

Minimum dwelling unit floor area. See section 52-18.

(14)

Minimum open space. Minimum open space shall be 500 square feet per dwelling unit.

(r)

Reserved.

(s)

Reserved.

(t)

Reserved.

(u)

B-1 Local Business and Residence District.

(1)

Intent. The B-1 district is intended to establish and preserve areas for convenience shopping and service needs which are located in close proximity to residential areas while minimizing the undesirable impact of such uses on the neighborhoods which they serve. This district requires amenities, such as increased open space, off-street parking and loading facilities, to make the commercial uses compatible with the character of adjacent residential districts. The district also permits dwelling units for the owner or proprietor or apartments to be located in a commercial building.

(2)

Permitted uses. The following are permitted uses:

a.

Generally recognized retail business that supply commodities on the premises for persons residing in adjacent residential areas, such as, but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware, including restaurants and taverns.

b.

Personal service establishment which performs services on the premises, such as, but not limited to, repair shops (watches, radio, television, appliances, shoes), tailor shops, beauty parlors or barbershops, photographic studios and self-service laundries.

c.

Dry cleaning establishments or pickup stations dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited.

d.

Business establishments that perform services on the premises, such as, but not limited to, banks, loan companies, insurance offices and real estate offices.

e.

Professional services, including medical clinics (outpatient only) and offices of doctors, dentists and similar or allied professions.

f.

Sales and service establishments, including only plumbing, heating and electrical showrooms and shops operating entirely within an enclosed building.

g.

Post office and similar governmental office buildings serving persons living in the adjacent residential area.

h.

Residential dwelling units in a commercial building for the owner or proprietor or rental apartments in a commercial building, both in accord with the following regulations:

1.

In a single-story structure, the residential units shall be located to the rear of the commercial portion of a building and not more than 25 percent of a building's total floor may be used for residential purposes.

2.

In a multistory structure, the residential units shall be located only above the ground floor and not more than 50 percent of a building's total floor area may be used for residential purposes. There shall be no mixture of commercial and residential uses on any floor in a multistory building containing residential units.

i.

Single-family residences.

j.

Essential services.

k.

Other uses similar to the above uses, subject to the recommendation of the plan commission and approval by the common council.

l.

Only accessory structures and uses customarily incidental to the above permitted uses are permitted.

(3)

Required conditions.

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold on premises where produced.

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building, except for occasional outside storage.

(4)

Conditional uses. See article V of this chapter.

(5)

Signs. See article VIII of this chapter.

(6)

Lot area requirements. In the B-1 district, there shall be provided a minimum lot area of 5,000 square feet for each business establishment located on a lot. In addition, for each dwelling unit located on a lot, there shall be provided additional lot area as follows:

(7)

Minimum lot width. Minimum lot width shall be 100 feet. The minimum lot width does not apply to residential uses existing prior to the effective date of the ordinance from which this chapter is derived.

(8)

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet. However, there shall be no separation required between integrated buildings comprising a group of businesses.

(9)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(10)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(11)

Minimum rear yard. Minimum rear yard shall be ten feet.

(12)

Minimum setback from ordinary high water mark. Minimum setback from ordinary high water mark shall be 50 feet.

(13)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(14)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. 10 feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(15)

Minimum residential dwelling unit floor area. See section 52-18.

(16)

Special provisions. The minimum lot width may be waived by the plan commission on lots with less than the minimum required width which were platted prior to the effective date of the ordinance from which this chapter is derived.

(v)

B-1-A Business and Limited Residence.

(1)

Intent. The B-1-A district is intended for existing areas of combined business and residential use with the residential use being limited to one residential dwelling unit for the owner or proprietor of a business establishment. It is not intended to create additional districts of this type elsewhere in the city.

(2)

Permitted uses. Permitted uses are as follows:

a.

Only the following are permitted:

1.

Art studio.

2.

Bakery, not over six employees.

3.

Barbershop.

4.

Beauty parlor.

5.

Bank or savings and loan office.

6.

Book or stationery store.

7.

Clinic.

8.

Confectionery store.

9.

Delicatessen.

10.

Drugstore.

11.

Essential services.

12.

Florist shop.

13.

Gift shop.

14.

Grocery.

15.

Hardware store.

16.

Interior decorator.

17.

Ice cream store.

18.

Jewelry store.

19.

Meat and fish market.

20.

Music and radio store.

21.

Notion or variety shop.

22.

Parking lot.

23.

Pharmacy.

24.

Photographer.

25.

Professional office or studio.

26.

Radio and television sales, service and repair shop.

27.

Real estate office.

28.

Restaurant.

29.

Shoe store.

30.

Soda fountain.

31.

Tailor or dressmaking shop.

32.

Tavern.

33.

Taxidermists.

34.

Tobacco shops.

35.

Travel bureaus and ticket offices.

36.

Undertaking establishments and funeral parlors.

b.

One residential dwelling unit for the owner, proprietor or caretaker located in the same building as the business establishment. The number of residential dwelling units per building shall not exceed the number of business establishments.

c.

Other uses similar in character to the above retail and service businesses, subject to the recommendation of the plan commission and approval by the common council.

d.

Single-family homes.

e.

Only accessory structures and uses customarily incidental to the above permitted uses are permitted.

(3)

Required conditions.

a.

All business establishments shall be retail or service establishments dealing directly with consumers.

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building, except for occasional outside storage.

(4)

Conditional uses. Uses indicated in article V of this chapter are conditional uses.

(5)

Signs. Sign regulations are as indicated in article VIII of this chapter.

(6)

Lot area requirements. In the B-1-A district, there shall be provided a minimum lot area of 10,000 square feet for each business establishment (see definition) located on a lot. In addition, for each residential dwelling unit located on a lot, an additional lot area of 10,000 square feet shall be provided. Lots served by a private septic system shall comply with the standards of section 52-19(c).

(7)

Minimum lot width. Minimum lot width shall be 100 feet. See subsection (v)(15) of this section.

(8)

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet.

(9)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(10)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(11)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(12)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(13)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet maximum peak height.

(14)

Minimum residential dwelling unit floor area. 800 square feet. See section 52-18.

(15)

Special provisions. The minimum lot width may be waived by the plan commission on lots with less than the minimum required width, which were platted prior to the effective date of the ordinance from which this chapter is derived.

(w)

B-2 Local Business District.

(1)

Intent. The B-2 district is intended to establish and preserve areas for convenience shopping and service needs that are located in close proximity to residential areas while minimizing the undesirable impact of such uses on the neighborhoods which they serve. This district requires amenities, such as increased open space and off-street parking and loading facilities, to make the commercial uses more compatible with the character of adjacent residential districts. Residential uses are not permitted.

(2)

Permitted uses. The following are permitted uses:

a.

All uses permitted in the B-1 district, except for residential dwelling units.

b.

Other uses similar to the above uses, subject to the recommendation of the plan commission and approval by the common council.

c.

Only accessory structures and uses customarily incidental to the above permitted uses are permitted.

(3)

Required conditions.

a.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold on premises where produced.

b.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building, except for occasional outside storage.

(4)

Conditional uses. Uses indicated in article V of this chapter and motels are conditional uses.

(5)

Signs. Sign regulations are as indicated in article VIII of this chapter.

(6)

Minimum lot area. Minimum lot area shall be 15,000 square feet, which shall include sufficient area for the principal structure, its accessory structures, all required off-street parking and loading areas and the required yards.

(7)

Minimum lot width. Minimum lot width shall be 120 feet. See subsection (w)(14) of this section.

(8)

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet. However, there shall be no separation required between integrated buildings comprising a group of businesses.

(9)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(10)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(11)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(12)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(13)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet maximum peak height.

(14)

Special provisions. The minimum lot width may be waived by the plan commission on lots with less than the minimum required width, which were platted prior to the effective date of the ordinance from which this chapter is derived.

(x)

B-3 Local and Highway Business District.

(1)

Intent. The B-3 district is intended to establish and preserve areas for local business use, which are located along major highways and near limited access highway interchanges. No residential uses are permitted.

(2)

Permitted uses. All uses permitted in the B-2 district are permitted in the B-3 district and, in addition, the following uses shall be permitted:

a.

Amusement establishments including bowling alleys, gymnasiums, swimming pools, skating rinks, indoor tennis, and handball facilities and indoor theaters.

b.

Animal hospitals without outdoor runs or pens.

c.

Auction rooms without outdoor sales and storage.

d.

Blueprinting and photostating establishments.

e.

Cocktail lounges.

f.

Garden supplies and equipment.

g.

Greenhouses and nurseries.

h.

Hotels.

i.

Laboratories, medical and dental.

j.

Motels.

k.

Offices, professional, public and business.

l.

Pet shops without outdoor kennels.

m.

Printing establishments, limited to 2,000 square feet of floor area per establishment.

n.

Research establishments and laboratories (nonmanufacturing).

o.

Schools, commercial, trade, technical, private or public.

p.

Taxidermists.

q.

Television and radio broadcasting studios.

r.

Drive-through windows for restaurants.

(3)

Other permitted uses. Other permitted uses are uses similar to the above and subject to the recommendation of the plan commission and approval by the common council.

(4)

Conditional uses. Uses indicated in article V of this chapter are conditional uses.

(5)

Signs. Sign regulations are as indicated in article VIII of this chapter.

(6)

Minimum lot area. Minimum lot area shall be 20,000 square feet, which shall include sufficient area for the principal structure, its accessory structures, all required off-street parking and loading areas and the required yards.

(7)

Minimum lot width. Minimum lot width shall be 120 feet.

(8)

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet. However, there shall be no separation required between buildings comprising a group of businesses.

(9)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(10)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(11)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(12)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(13)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roof.

b.

Accessory building. Ten feet maximum, 15 feet maximum peak height.

(14)

Special provisions. No building customarily used for night operation shall have any opening other than stationary windows or required fire exits within 200 feet of any residential district and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any residential district.

(y)

B-4 General Business District.

(1)

Intent. The B-4 district is intended to accommodate a wide variety of business uses. The district can accommodate separate buildings on individual sites and integrated groups of business establishments served by a common parking area. Residential uses are not permitted.

(2)

Permitted uses. All uses permitted in the B-2 and B-3 districts are permitted in the B-4 district and, in addition, the following uses shall be permitted:

a.

Bakeries, commercial.

b.

Building materials and products sales and storage yards.

c.

Cold storage locker plants.

d.

Exterminating shops.

e.

Feed and seed stores.

f.

Garages for storage, repair and servicing of cars and trucks, including body repair, painting, engine rebuilding and upholstery work, but excluding motorcycles and snowmobiles.

g.

Laundries and dry cleaning operations, commercial.

h.

Printing and newspaper publishing.

i.

Warehousing, wholesaling and distribution operations.

(3)

Other permitted uses. Other permitted uses are uses similar to the above and subject to the recommendation of the plan commission and approval by the common council.

(4)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Garages for storage of vehicles used in conjunction with the operation of a business.

b.

Off-street parking and loading areas and parking structures.

(5)

Conditional uses.

a.

The conditional uses indicated in article V of this chapter may be permitted in the B-4 district. In addition, permitted manufacturing uses listed in the M-1 Industrial District may be considered "light manufacturing" uses and these uses may be permitted as a conditional use in the B-4 district, except for cartage and express facilities and food and meat processing plants.

b.

Light manufacturing, as defined elsewhere in this chapter, may be permitted as a conditional use, provided that the use is compatible with adjacent existing or planned land uses and the following conditions are established and complied with to regulate the conditional use:

1.

Complete site and operational plans as described in sections 52-61 and 52-137 shall be submitted to the plan commission for their review in conjunction with the conditional use request. These plans shall fully describe the proposed light manufacturing operation. The plans shall include data and information on the degree of noise, vibration, smoke, dust, odor, fumes and other operating characteristics including, but not limited to, number of employees, parking arrangement, outdoor storage plans and a written plan of operation.

2.

The light manufacturing use shall not create a degree of noise, vibration, smoke, dust, odor, fumes or other operating characteristics, which would be detrimental to the surrounding neighborhood area. This determination shall be based upon a technical review of the operational plans by the building inspector, who shall report the findings to the plan commission in writing.

3.

All light manufacturing uses shall be conducted within completely enclosed buildings.

4.

All outdoor storage of equipment or materials used in conjunction with the principal use shall be completely enclosed behind a wall or fence.

5.

Any outdoor parking of trucks or other vehicles used in conjunction with a light manufacturing use shall be limited to vehicles of not over 1.5 tons' capacity when located within 75 feet of a residential district boundary.

(6)

Signs. See article VIII of this chapter.

(7)

Minimum lot area. Minimum lot area shall be 20,000 square feet, which shall include sufficient area for the principal structure, its accessory structures, all required off-street parking and loading areas and the required yards.

(8)

Minimum lot width. Minimum lot width shall be 120 feet.

(9)

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet.

(10)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(11)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(12)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(13)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(14)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet maximum peak height.

(15)

Special provisions. No building customarily used for night operation shall have any opening other than stationary windows or required fire exits within 200 feet of any residential district and any space used for loading or unloadingcommercial vehicles in connection with such an operation shall not be within 100 feet of any residential district.

(z)

B-5 Office and Research Commercial District.

(1)

Intent. The B-5 district is intended to establish an exclusive high quality commercial area for offices and similar compatible commercial operations that have similar operating characteristics.

(2)

Permitted uses. Only the following are permitted:

a.

Automobile parking lots.

b.

Banks and financial institutions.

c.

Business office equipment sales and service establishments.

d.

Essential services.

e.

General headquarters offices.

f.

Medical and dental centers, clinics, hospitals, medical laboratories, including a variety of senior living housing types such as memory care, independent living, and assisted living, if the use is accessory and complementary to a medical use on the same property.

g.

Printing, blueprinting, and duplication limited to 2,000 square feet per establishment.

h.

Professional, public, and business offices.

i.

Research establishments and laboratories.

j.

Sales offices or servicing headquarters with provision for storage of vehicles for salesmen or servicemen.

k.

Other uses similar to the above uses, subject to the recommendation of the plan commission and approval by the common council.

(3)

Conditional uses. See article V of this chapter.

(4)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Essential services.

b.

Off-street parking and loading areas.

c.

Accessory structures and uses customarily incidental to the above permitted uses.

(5)

Minimum lot area. Minimum lot area shall be 40,000 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(6)

Minimum lot width. Minimum lot width shall be 120 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(8)

Minimum side yard. Minimum side yard shall be 20 feet.

(9)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(11)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(aa)

B-6 Commercial Holding Zone.

(1)

Definitions. The following terms have the meanings indicated:

Entire property holding means all contiguous holdings in common ownership. Properties divided by a public street right-of-way are considered contiguous.

General development plan (PD-GDP) means the first phase of approval in the planned development process which shows the entire property holding. The PD-GDP must show the general location of buildings or building envelopes, common spaces, parking and drive areas, conceptual stormwater drainage plan and principal landscape features. If the development is proposed to occur in phases, the sequence of development should be indicated. It is recognized that PD-GDPs are often submitted prior to the identification of the ultimate land user or the specific land use. The intent of the GDP is to be conceptual. A public hearing is required for a GDP.

Specific implementation plan (PD-SIP) means the second phase of approval is a detailed plan, also referred to as a PD-SIP, which must show detailed information for that portion or phase of the project proposed for approval. Frequently PD-SIPs are submitted for only those portions of the total project shown in the PD-GDP which are planned for immediate development. Subsequent phases of development are shown in separate detailed plans prepared at the time of development. If as a result of more detailed planning or engineering at the PD-SIP stage changes need to be made in the PD-GDP, applicants can submit PD-GDP amendments. The submittal and review requirements of PD-GDP amendments are the same as those for the initial PD-GDP.

(2)

Intent. Any development other than the identified permitted uses of this district must occur as a planned development - conditional use under the terms and conditions of this chapter or successor provisions. The intent of this zoning is to create a district which will enable flexibility in terms of the specific types of land uses, but will assure that any development occurring in this area will be planned and designed within the context of a business district or integrated planned development.

(3)

Permitted uses. All uses permitted in the B-2 and B-3 districts are permitted in the B-6 district and in addition to uses indicated in section 52-109, provided they conform to the geometric standard as set forth in subsections (x)(6) through (14) of this section and as described in subsection (aa)(5)b of this section, and the following:

a.

Amusement establishments including bowling alleys, gymnasiums, swimming pools, skating rinks, indoor tennis, and handball facilities and indoor theaters.

b.

Animal hospitals without outdoor runs or pens.

c.

Art studio.

d.

Auction rooms without outdoor sales and storage.

e.

Bakery, not over six employees.

f.

Bank or savings and loan office.

g.

Barbershop.

h.

Beauty parlor.

i.

Blueprinting and photostating establishments.

j.

Book or stationery store.

k.

Clinic.

l.

Cocktail lounges.

m.

Confectionery store.

n.

Delicatessen.

o.

Drive-through windows for restaurants.

p.

Drugstore.

q.

Essential services.

r.

Florist shop.

s.

Garden supplies and equipment.

t.

Gift shop.

u.

Greenhouses and nurseries.

v.

Grocery.

w.

Hardware store.

x.

Hotels.

y.

Interior decorator.

z.

Ice cream store.

aa.

Jewelry store.

ab.

Laboratories, medical and dental.

ac.

Meat and fish market.

ad.

Motels.

ae.

Music and radio store.

af.

Notion or variety shop.

ag.

Offices, professional, public and business.

ah.

Parking lot.

ai.

Pet shops without outdoor kennels.

aj.

Pharmacy.

ak.

Photographer.

al.

Printing establishments, limited to 2,000 square feet of floor area per establishment.

am.

Professional office or studio.

an.

Radio and television sales, service and repair shop.

ao.

Real estate office.

ap.

Research establishments and laboratories (nonmanufacturing).

aq.

Restaurant.

ar.

Schools, commercial, trade, technical, private or public.

as.

Shoe store.

at.

Soda fountain.

au.

Tailor or dressmaking shop.

av.

Tavern.

aw.

Taxidermists.

ax.

Television and radio broadcasting studios.

ay.

Tobacco shops.

az.

Travel bureaus and ticket offices.

ba.

Undertaking establishments and funeral parlors.

bb.

Indoor firing ranges subject to the following limitations and restrictions:

1.

Indoor firing ranges within an enclosed building or structure. Outdoor or exterior firing ranges are prohibited.

2.

No conditional use authorizing any use or activity on the property on which an indoor firing range is located shall be permitted.

3.

Any building in which firearms are discharged shall be entirely enclosed, configured, constructed and maintained in a manner that prevents firearm projectiles from escaping the confines of the building from any entrance door, window, loading dock, or any other or similar access point to the building.

Other permitted uses may be allowed if determined by the plan commission to be substantially similar to the above and subject to the approval by the common council.

(4)

Other uses. All other uses must be approved as planned developments - conditional uses as described in article IX of this chapter provided they conform to the geometric standard as set forth herein.

a.

Minimum lot area. Minimum lot area shall be 20,000 square feet, which shall include sufficient area for the principal structure, its accessory structures, all required off-street parking and loading areas and the required yards. Lots served by a private septic system shall comply with the standards of section 52-19(c).

b.

Minimum lot width. Minimum lot width shall be 120 feet.

c.

Minimum interior side yard. Minimum interior side yard shall be ten feet, except where abutting a residential district, the side yard adjacent to the residential district shall be 25 feet. However, there shall be no separation required between buildings comprising a group of businesses.

d.

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

e.

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

f.

Minimum rear yard. Minimum rear yard shall be 30 feet.

g.

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

h.

Maximum building height.

1.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roof.

2.

Accessory building. Ten feet maximum, 15 feet maximum peak height.

i.

Maximum impervious surface ratio. The total surface area of all principal and accessory buildings, hard-surfaced parking areas, driveways, private streets, sidewalks and other impervious surfaces shall not exceed 65 percent of total land area.

(5)

Required conditions of planned developments.

a.

Floor area ratio (FAR). The maximum floor area ratio (FAR) shall be 0.50.

b.

Maximum impervious surface ratio. The total surface area of all principal and accessory buildings, hard surfaced parking areas, driveways, private streets, sidewalks and other impervious surfaces shall not exceed 65 percent of total land area.

c.

Minimum landscaped green space ratio.

1.

At least 20 percent of the land area, exclusive of land required for stormwater management and parkland dedication and exclusive of wetlands and slopes over 25 percent shall be landscaped open space. To the maximum extent possible, such open space shall include existing wooded areas and individual mature trees on the site at the time of development.

2.

The plan commission may allow all or a portion of the stormwater management area to be counted toward the 20 percent landscaped green area requirement under the following conditions:

(i)

The stormwater management area is a permanent water feature designed with sufficient flow of water and aeration to maintain aesthetic quality.

(ii)

There is sufficient landscaping to assure that the stormwater management area will be an aesthetic asset to the development and the community as a whole.

3.

The plan commission may allow all or a portion of the area with steep slopes over 25 percent grade to be counted toward the 20 percent landscaped green area requirements under the following conditions:

(i)

The proposed development will include restoration of degraded slope areas.

(ii)

The use of the steeply sloped land will be integrated into the landscape plan and overall architectural concept of the project.

4.

The above exceptions may only be granted at the PD-SIP stage of the review and approval process based on selected site and architectural plan submittals.

5.

In the event that a planned development is divided into more than one lot and parcel, each parcel shall have at least ten percent of its area in landscaped green space as defined by this subsection (aa)(5)c.

d.

Prohibition on construction on steep slopes. Steeply sloped terrain with a natural grade of 25 percent or more may not be regraded or built upon.

e.

Public street right-of-way.

1.

All planned developments must have public street rights-of-way which are consistent with city design standards as set forth in chapter 44, article VI. Any right-of-way requirements recommended by the Wisconsin Department of Transportation for frontage roads or key intersections must be shown on planned development plans. Waukesha County must approve right-of-way widths for all county trunk system roads which will be under county jurisdiction.

2.

In those situations where more than 80 feet right-of-way is required for a public street, the developer may be allowed to credit that portion of the public street right-of-way over 80 feet toward meeting the open space and landscaped green space provisions of this subsection (aa).

f.

Land use compatibility.

1.

Planned developments permit a variety of land uses and allow applicants flexibility in land use planning. However, all land uses within a planned development in the B-6 zoning district must be compatible with other land uses within the proposed development and compatible with the land uses on adjoining properties.

2.

The evaluation of compatibility between residential and commercial uses should specifically include:

(i)

Lighting impact.

(ii)

Screening of parking areas, outside storage and loading areas.

(iii)

Preserving privacy.

(iv)

Noise impact.

(v)

Hours of operation.

g.

Setbacks and yard requirements.

1.

Planned developments shall meet the following setback and yard standards with respect to yards adjoining neighboring properties which are not part of the planned development and yards adjoining public street rights-of-way:

(i)

Minimum front yard: 30 feet.

(ii)

Minimum corner side yard: 30 feet.

(iii)

Minimum interior side yard: ten feet, unless abutting residential, in which case it shall be 25 feet.

(iv)

Minimum rear yard: 30 feet.

2.

Setbacks for yards that are internal to the development and do not adjoin public streets or land outside of the planned development may deviate from the setback and yard requirements.

h.

Stormwater management. Planned developments shall have an integrated stormwater management plan that considers potential runoff from all of the land within the proposed planned development. Stormwater retention and/or detention basins should be constructed in areas which reflect natural drainage patterns. Stormwater drainage facilities shall meet the minimum requirements set forth in section 44-224.

(ab)

M-1 Limited Industrial District.

(1)

Intent. The M-1 district is intended to accommodate wholesale and warehouse activities and industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts. The M-1 district is structured to permit along with any specified uses the manufacturing, compounding, processing, packaging, assembly, and/or treatment of finished or semi-finished products from previously prepared material. It is the intent of this subsection (ab) that the processing of raw material for shipment in bulk form to be used in an industrial operation at another location not be permitted.

(2)

Permitted uses. The following are permitted uses:

a.

Building materials sales and storage yards.

b.

Cartage and express facilities.

c.

Cleaning, pressing and dyeing.

d.

Cold storage locker plants.

e.

Commercial bakeries.

f.

Commercial greenhouses.

g.

Commercial laundries.

h.

Contractors' offices, shops and yards.

i.

Cosmetic manufacturing, processing and packaging.

j.

Electrical appliances manufacturing.

k.

Electronic devices manufacturing.

l.

Essential services.

m.

Farm machinery sales and repair.

n.

Food processing, except cabbage.

o.

Food lockers and meat processing plants.

p.

Garages for servicing and repair of cars, trucks and other equipment and machinery.

q.

Instrument manufacturing.

r.

Jewelry manufacturing.

s.

Laboratories.

t.

Leather fabrication, not including tanning.

u.

Machine shops.

v.

Manufacture and bottling of nonalcoholic beverages.

w.

Manufacture, fabrication, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood.

x.

Municipal service buildings.

y.

Packaging and packing of confections.

z.

Pharmaceuticals processing.

aa.

Painting.

ab.

Storage and sale of machinery and equipment.

ac.

Warehousing operations.

ad.

Wholesaling operations.

(3)

Other permitted uses. All uses permitted in the B-1, B-2, B-3, and B-4 districts are permitted in the M-1 district and, in addition, any uses substantially similar to those listed in subsection (ab)(2) of this section subject to the recommendation of the plan commission and approval by the common council.

(4)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Garages for storage of vehicles used in conjunction with the operation of a business.

b.

Off-street parking and loading areas.

c.

Office, storage, power supply and other uses normally auxiliary to the principal industrial operations.

(5)

Conditional uses. Conditional uses are as indicated in article V of this chapter.

(6)

Signs. Sign regulations are as indicated in article VIII of this chapter.

(7)

Minimum lot area. Minimum lot area shall be 43,560 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(8)

Minimum lot width. Minimum lot width shall be 150 feet.

(9)

Minimum front yard setback. Minimum front yard setback shall be 50 feet, except where opposite a residential or agricultural district, then 100 feet minimum.

(10)

Minimum side yard. Minimum side yard shall be ten feet, except where abutting a residential or commercial district, the side yard shall be a minimum of 25 feet. Minimum interior side yard setback adjoining a railroad right-of-way shall be ten feet. Loading platforms may be located in a side yard where abutting a rail line.

(11)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(12)

Minimum rear yard. Minimum rear yard shall be 30 feet. Minimum rear yard on lots adjoining a railroad right-of-way shall be ten feet. Where adjoining a residential district, there shall be no parking allowed in the 30 feet adjacent to the residential district and the 30 feet adjacent to the residential district shall be landscaped and seeded with perennial grass.

(13)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(14)

Maximum building or structure height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(ac)

SW-1 Shoreland-Wetland Zoning District.

(1)

Purpose. The purpose of this subsection (ac) is to preserve, protect and enhance the ponds, streams, islands and wetlands in the city. This subsection (ac) is adopted pursuant to the authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26, and Wis. Admin. Code § NR 117.01. The boundaries of shoreland-wetland districts have been established as outlined in section 52-107. This district has been established to:

a.

Maintain the stormwater and floodwater storage capacity of wetlands.

b.

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into waters of the city or state.

c.

Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat.

d.

Prohibit certain uses detrimental to the shoreland wetland area.

e.

Preserve shore cover and natural beauty by restricting shoreland-wetland excavation, filling and other earth-moving activities.

f.

Minimize expenditures of public moneys for costly flood control projects.

g.

Reduce rescue and relief efforts generally undertaken at the expense of the taxpaying public.

h.

Prevent business interruptions which usually result in the loss of local incomes.

i.

Discourage the victimization of unwary land and home buyers.

(2)

Compliance; other permits. Any development in shoreland-wetlands shall be in full compliance with the terms of this subsection (ac). It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state and local agencies, including those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, amendments of 1972, 33 USC 1334.

(3)

Municipality regulated. Unless specifically exempted by law, the city and county are required to comply with this subsection (ac) and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), or Wis. Admin. Code § NR 117.02(1) apply. The construction reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. § 30.12(4)(a) applies.

(4)

Greater restrictions.

a.

The more restrictive of either the C-1 Conservancy District, SW-1 Shoreland-Wetland District or floodplain district regulations in chapter 16, article II, shall apply when a property is located in more than one zoning district. See Wis. Stats. §§ 61.351(4)(b) and 62.231(4)(b).

b.

This subsection (ac) is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this subsection (ac) imposes greater restrictions, the provisions of this subsection (ac) shall prevail.

(5)

Interpretation. In their interpretation and application, the provisions of this subsection (ac) shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this subsection (ac) is required by a standard in Wis. Admin. Code ch. NR 116 or NR 117, and where the subsection provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code ch. NR 116 or NR 117 standards in effect on the date of the adoption of the ordinance from which this subsection (ac) is derived or in effect on the date of the most recent text amendment to this subsection (ac).

(6)

Permitted uses. Under Wis. Admin. Code § NR 117.05(2), the city may permit, authorize as a conditional use, or prohibit the following uses of shoreland-wetlands. The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state, and federal laws, if applicable:

a.

Activities and uses that do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

1.

Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating.

2.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

3.

The practice of silviculture, including the planting, thinning, and harvesting of timber.

4.

The pasturing of livestock.

5.

The cultivation of agricultural crops.

6.

The construction and maintenance of duck blinds.

b.

Uses that do not require the issuance of a zoning permit and that may involve wetland alterations only to the extent specifically provided below:

1.

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

2.

The maintenance and repair of existing drainage systems where permissible under Wis. Stats. § 30.20, to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Wis. Stats. ch. 30, and that dredged spoil is placed on existing spoil banks, where possible.

3.

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance.

4.

The construction and maintenance of piers, docks and walkways, observation decks and trail bridges not requiring pilings, excavating or filling for such construction.

5.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland wetland listed in subsection (ac)(8) of this section.

6.

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.

c.

Uses that are allowed upon the issuance of a conditional use permit and that may include wetland alterations only to the extent specifically provided below:

1.

The construction and maintenance of roads that are necessary for continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under this subsection (ac)(6), provided that:

(i)

The road cannot, as a practical matter, be located outside the wetland.

(ii)

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (ac)(8) of this section.

(iii)

The road is designed and constructed with the minimum cross sectional area practical to serve the intended use.

(iv)

Road construction activities are carried out in the immediate area of the roadbed only.

(v)

Any wetland alteration must be necessary for the construction or maintenance of the road.

(vi)

The construction and maintenance of piers, docks and walkways, observation decks, and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance.

2.

The construction and maintenance of nonresidential buildings, provided that:

(i)

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows, or other wetland or aquatic animals.

(ii)

The building cannot, as a practical matter, be located outside the wetland.

(iii)

The building does not exceed 500 square feet in floor area.

(iv)

Only limited filling and excavating necessary to provide structural support for the building is allowed.

3.

The establishment and development of public and private parks and recreation areas; outdoor education areas; historic, natural and scientific areas; game refuges and closed areas; fish and wildlife habitat improvement projects; game bird and animal farms; wildlife preserves; and public boat launching ramps, provided that:

(i)

Any private development allowed under this subsection (ac)(6)c.3 shall be used exclusively for the permitted purpose.

(ii)

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed.

(iii)

The construction and maintenance of roads necessary for the uses permitted under this subsection (ac)(6)c.3 are allowed only where such construction and maintenance meets the criteria in subsection (ac)(6)c.1 of this section.

(iv)

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

4.

The construction and maintenance of electric and telephone transmission lines and water, gas and sewer lines and related facilities and the construction and maintenance of railroad lines provided that:

(i)

The transmission and distribution lines and related facilities and railroad lines cannot, as a practical matter, be located outside the wetland.

(ii)

Only limited filling or excavating necessary for such construction or maintenance is allowed.

(iii)

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in subsection (ac)(8) of this section.

5.

Repair or expansion of nonconforming structures within the boundaries of shoreland-wetland zoning is not limited because of the SW-1 zoning, but is regulated by article VII of this chapter. Nonconforming boathouse repair shall conform with Wis. Stats. § 30.121.

(7)

Prohibited uses in shoreland-wetlands.

a.

Any use not listed in subsection (ac)(6) of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this subsection (ac) in accordance with subsections (ac)(6) and (8) of this section.

b.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high water mark of any navigable waters are prohibited.

(8)

Rezoning shoreland-wetland.

a.

Rezoning of a shoreland-wetland shall require amendment of the final Wisconsin wetland inventory map adopted in subsection (ac)(9) of this section pursuant to procedures established in subsection (ac)(10) of this section. In order to ensure that any amendment will be consistent with the shoreland protection objectives of Wis. Stats. § 144.26, the city shall not rezone a wetland in a shoreland-wetland zoning district or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:

1.

Stormwater and floodwater storage capacity;

2.

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

3.

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

4.

Shoreline protection against soil erosion;

5.

Fish spawning, breeding, nursery or feeding grounds;

6.

Wildlife habitat; or

7.

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat or endangered species.

b.

Upon notification of a proposed amendment as required by subsection (ac)(10) of this section, if the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (ac)(8) of this section, the department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

c.

If the department notifies the city planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (ac)(8) of this section, that proposed amendment, if approved by the city, shall not become effective until more than 30 days have elapsed since written notice of the council approval was mailed to the department, as required by subsection (ac)(10) of this section. If, within the 30-day period, the department notifies the council that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city under Wis. Stats. § 62.231(6), the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the council decision on the proposed amendment shall advise the petitioner of the provisions of this subsection.

(9)

Zoning maps. The maps designated below are hereby adopted and made part of this subsection (ac). They are on file in the office of the city clerk.

a.

United States Geological Survey Quadrangle Maps, most recent revision.

b.

Wisconsin Wetland Inventory maps for Township 7 North, Range 17 East, stamped "FINAL" on July 7, 1988, and for Township 7 North, Range 18 East, stamped "REVISED" on February 6, 1989.

c.

Floodplain zoning maps titled "Floodway Flood Boundary and Floodway Map, City of Delafield, Wisconsin, Waukesha County," and dated August 15, 1983, including the flood insurance study and corresponding profiles from the Federal Emergency Management Agency, dated February 15, 1983.

d.

Comprehensive zoning base maps titled "City of Delafield Official Zoning Map" and dated July 9, 1978, with changes and amendments.

(10)

Amending shoreland-wetland zoning regulations; procedures. The common council may supplement or change the district boundaries and the regulations contained in this subsection (ac) according to section 52-294, Wis. Stats. § 62.23(7)(d)2., and Wis. Admin. Code chs. NR 116 and 117, and the following:

a.

The shoreland-wetland district amendment provisions of subsection (ac)(8) of this section apply.

b.

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department within five days of the submission of the proposed amendment to the city planning agency.

c.

All proposed text and map amendments or conditional use requests shall be referred to the city planning agency and a public hearing shall be held as required by Wis. Stats. § 62.23(7)(d)2., following publication of a Class 2 notice as defined in Wis. Stats. ch. 985. The appropriate district office of the department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

d.

A copy of the decision on each amendment shall be provided to the department district office within ten days of the decision.

(11)

Annexed areas. The zoning of annexed lands shall comply with the provisions of Wis. Stats. § 59.97(7) and § 59.971(7). Annexed lands are designated on the city's official zoning map. The Waukesha County shoreland and floodplain zoning provisions are incorporated by reference for the purpose of administering this subsection (ac) and are on file in the office of the city administrator and city clerk.

a.

Annexed floodplains. The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the city for all areas annexed by the city until the city adopts and enforces an ordinance which meets the requirements of Wis. Admin. Code ch. NR 116.

b.

Annexed shorelands. The Waukesha County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the city for all shoreland areas annexed by the city after May 7, 1982.

(12)

Conditional use permits. The provisions of section 52-136 shall apply to this subsection (ac).

(13)

Enforcement and penalties. The penalty provisions of section 52-296 shall apply to this subsection (ac). Any development or use established after the effective date of the ordinance from which this subsection (ac) is derived in violation of this subsection (ac) by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The administrator shall refer violations to the plan commission and the city attorney who shall prosecute such violations. Every violation of this subsection (ac) is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the city, state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(ad)

P-1 Public and Semipublic Use District.

(1)

Intent. The public and semipublic use district is intended to accommodate structures, principally of a public or nonprofit institutional nature and rendering as their principal activity recognized public services, such as churches, hospitals, rest homes, public and private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services, but not including such private commercial enterprises as clinics, business or trade schools or any enterprise other than a franchised utility primarily devoted to the sale of commodities or services.

(2)

Permitted uses. The following uses are, following the effective date of the ordinance from which this subsection (ad) is derived, permitted uses:

a.

Cemeteries.

b.

Churches and seminaries.

c.

Libraries and museums.

d.

Public administrative office and public service buildings, including fire and police stations, community centers, public emergency facilities.

e.

Public and private schools, colleges and universities.

f.

Public utility offices and facilities.

g.

YMCA, YWCA, Junior Achievement, Boys Clubs of America, Boy Scouts or Girl Scouts.

(3)

Other permitted uses. Other permitted uses are uses similar to those listed in subsection (ad)(2) of this section, subject, however, to a recommendation of the plan commission and a decision by the common council that the use is similar to those listed in subsection (ad)(2) of this section.

(4)

Continuation of permitted uses. Any use listed in subsection (ad)(2) of this section, or any use determined to have been similar to those listed in subsection (ad)(2) of this section, that exist on the effective date of the ordinance from which this subsection (ad) is derived shall continue to be considered a permitted use within the P-1 Public and Semipublic Use District.

(5)

Conditional uses.

a.

See article V of this chapter.

b.

Conditional uses must be publicly oriented, religious, utility, institutional, hospitals, sanitaria, nursing home, funeral parlor, crematoria, columbarium, or other governmental uses, which do not conflict with neighboring uses and are found to be necessary in light of alternative locations available for such use.

c.

Any use other than those identified in subsection (ad)(2) of this section or determined to be a permitted use in accordance with subsection (ad)(3) of this section shall be a conditional use subject to section 52-136.

(6)

Conditional uses. See article V of this chapter.

(7)

Signs. Sign regulations are as indicated in article VIII of this chapter.

(8)

Minimum lot area. Minimum lot area shall be 40,000 square feet, unless otherwise required by section 52-19(c) if the lot is served by a private septic system.

(9)

Minimum lot width. Minimum lot width shall be 120 feet.

(10)

Minimum front yard setback. Minimum front yard setback shall be 30 feet.

(11)

Minimum side yard. Minimum side yard shall be 20 feet.

(12)

Minimum corner side yard. Minimum corner side yard shall be 30 feet.

(13)

Minimum rear yard. Minimum rear yard shall be 30 feet.

(14)

Maximum building height.

a.

Principal building. 25 feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip or pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip or pitch roof.

(15)

Maximum floor area ratio. Maximum floor area ratio (FAR) shall be 0.50.

(ae)

CBD-1 Central Business District.

(1)

Intent. The CBD-1 district is intended to provide for the continuation, preservation and expansion of the city's central business district. The existing commercial activities are predominantly specialized retail, personal services, professional office, and entertainment. The intent of the CBD-1 district is to allow and encourage the development and redevelopment of the downtown area as a specialized district that maintains the historic character of the area; traditional lot layout and street grid; and traditional architectural design that is unique to Downtown Delafield.

(2)

Permitted uses. The following uses are permitted, provided that they shall be retail establishments selling and storing retail merchandise and operating completely within an enclosed building, except for off-street parking:

a.

Antique shops.

b.

Appliance store.

c.

Art shop.

d.

Bakeries.

e.

Barbershops.

f.

Beauty shops.

g.

Bed and breakfast establishments (up to eight units).

h.

Bicycle stores - sales, rental and repair.

i.

Book or stationery stores.

j.

Business offices.

k.

Churches.

l.

Clinics.

m.

Clothing stores.

n.

Clubs, social and fraternal.

o.

Computer and computer equipment sales and service.

p.

Confectioneries.

q.

Craft shops.

r.

Delicatessens.

s.

Drugstores.

t.

Dry goods.

u.

Essential services.

v.

Financial institutions.

w.

Florists.

x.

Food and grocery stores.

y.

Fraternities.

z.

Fruit and vegetable stores.

aa.

Homes.

ab.

Furniture stores.

ac.

General stores.

ad.

Gift stores.

ae.

Hardware stores.

af.

Hobby shops.

ag.

Ice cream shops.

ah.

Interior decorator shops.

ai.

Jewelry stores.

aj.

Lodges.

ak.

Lodging establishments (up to eight units).

al.

Libraries.

am.

Meat and fish markets.

an.

Municipal building.

ao.

Music and radio stores.

ap.

News and magazine stores.

aq.

Optical stores.

ar.

Packaged beverage stores.

as.

Photographers.

at.

Photographic supplies and service.

au.

Printing shops.

av.

Private clubs.

aw.

Professional offices.

ax.

Public utility offices.

ay.

Restaurants.

az.

Self-service, pickup laundry and dry cleaning establishments.

ba.

Shoe stores, sales and repair.

bb.

Soda fountains.

bc.

Sporting goods.

bd.

Studios (music, art, voice, dance).

be.

Supermarkets.

bf.

Tailor shops.

bg.

Taverns.

bh.

Television sales and repair shops.

bi.

Tobacco stores.

bj.

Variety stores.

bk.

Vegetable stores.

bl.

Video sales and rentals.

(3)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Other accessory uses that are customary in connection with the foregoing permitted uses and are incidental thereto.

b.

Garages for storage or vehicles used in conjunction with the operation of a business.

c.

Off-street parking and loading areas.

d.

Residential dwellings located in the same building as a permitted commercial use and located on floors other than the main street level floor.

(4)

Conditional uses. One- and two-family residential dwellings; multifamily residential dwellings; public and semipublic buildings and uses; automobile service stations; private schools; indoor theaters and entertainment centers; and lodging establishments (eight or more units).

(5)

Minimum lot area. Minimum lot area shall be 4,500 square feet.

(6)

Minimum lot width. Minimum lot width shall be 45 feet.

(7)

Minimum front yard setback. There is no front yard setback.

(8)

Minimum side yard. There is no minimum side yard.

(9)

Minimum corner side yard. There is no minimum corner side yard.

(10)

Minimum rear yard. There is no minimum rear yard.

(11)

Minimum setback from ordinary high water mark. Minimum setback from ordinary high water mark shall be 50 feet.

(12)

Maximum building height.

a.

The maximum height for a principal building shall be 55 feet.

b.

The maximum height for an accessory building shall be 25 feet.

c.

No building may exceed three floors above proposed finished grade.

Exception: A fourth floor may be permitted if (ae)(3)c.1. and (ae)(3)c.2. are provided:

1.

Parking spaces, in addition to required residential parking spaces, are provided at, or below existing grade, at a ratio of four spaces per 1000 square feet of gross floor area exhibited by the largest single building level.

2.

Minimum building setback from all collector and arterial streets, Genesee, Milwaukee, Main and Wells Streets shall be no less than 20 feet.

(13)

Minimum building floor area. See section 52-18.

a.

None for buildings used solely for commercial purposes.

b.

Two thousand square feet for new buildings used for both residential and commercial purposes.

(14)

Off-street parking requirements. There are no off-street parking requirements.

(15)

Special provision. In a building used for both commercial and residential purposes, the main street floor must be exclusively commercial. A residential dwelling unit shall not contain less than 750 square feet.

(af)

CBD-2 Central Business District.

(1)

Intent. The CBD-2 district provides a transition zone adjacent to the CBD-1 Central Business District. While the predominant uses in the CBD-2 district are residential, the area is in the process of changing to a mixture of commercial and residential uses. The intent of the CBD-2 district is to permit conversion of existing residential buildings to commercial uses and to permit the construction of new commercial buildings, providing the commercial development does not detract from or devalue residential properties in the district.

(2)

Permitted uses. Permitted uses are as follows:

a.

All uses permitted in the CBD-1 district.

b.

One- and two-family residences.

(3)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Other accessory uses which are customary in connection with the foregoing permitted uses and are incidental thereto.

b.

Garages for storage or vehicles used in conjunction with the operation of a business.

c.

Off-street parking and loading areas.

(4)

Conditional uses. Conditional uses are as follows:

a.

Multifamily residential dwellings, public, and semipublic buildings and uses, and lodging establishments (eight or more units).

b.

See article V of this chapter.

(5)

Minimum lot area. Minimum lot area shall be 4,500 square feet.

(6)

Minimum lot width. Minimum lot width shall be 45 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be ten feet except where a parcel adjoins the side lot line of another parcel fronting on the same street with a lesser setback, in which case the minimum front yard setback shall be the same as the setback of the adjoining parcel with the least setback.

(8)

Minimum side yard. Minimum side yard shall be ten feet except where a side yard abuts a parcel under the same property ownership, the side yard requirement may be waived by the plan commission. The plan commission may also grant a waiver where the adjoining property owner enters into a written recordable agreement adjusting the minimum side yard setback on the adjoining parcel by an amount equivalent to the amount of waived setback.

(9)

Minimum corner side yard. Minimum corner side yard shall be ten feet.

(10)

Minimum rear yard. Minimum rear yard shall be ten feet.

(11)

Maximum building height.

a.

Principal building. Twenty-five feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(12)

Minimum building floor area. See section 52-18.

a.

None for buildings used solely for commercial purposes.

b.

Two thousand square feet for new buildings used for both residential and commercial purposes.

c.

Buildings used solely for residential purposes:

1.

First floor. Nine hundred square feet.

2.

Total.

(i)

Single-family dwelling unit: 1,000 square feet.

(ii)

Two-family or more dwelling units: 750 square feet per dwelling unit.

(13)

Off-street parking requirements.

a.

See sections 52-174 through 52-178. In the CBD-2 district, the plan commission may allow a landowner to meet the parking requirement by providing the required parking stalls either on site, on another privately owned site owned by the same property owner, provided such stalls are within 800 feet of the site.

b.

The plan commission may allow a landowner to meet the parking requirement by paying a downtown parking fee set and established by the city. Such fees shall be determined by the city based on the cost of providing public parking stalls and may be changed periodically as the cost to the city for providing parking stalls changes.

(14)

Floor area ratio (FAR). The maximum floor area ratio (FAR) is 0.50. In the CBD-2 district, a landowner may apply privately owned off-site land utilized for meeting the parking requirements of section 52-111(q) as part of the land area for the purpose of computing the FAR.

(ag)

CBD-3 Special Campus District.

(1)

Intent. The CBD-3 district is intended to allow integrated mixed-use development under single ownership within a campus setting adjacent to the CBD-1 district. Any development in the CBD-3 district other than the identified permitted use must occur as a planned development conditional use under the terms and conditions of article IX of this chapter. The intent of this zoning is to create a district that will enable flexibility in terms of the specific types of land uses, but will assure that any development will occur within the context of the central business district or an integrated development plan and will be consistent with the overall pattern of development in the city.

(2)

Permitted uses. All uses permitted in the CBD-1 district are permitted in the CBD-3 district in addition to the uses indicated in section 52-109, provided they conform to the geometric standard as set forth in subsection (s)(5) through (s)(14) of this section.

a.

Antique shops.

b.

Appliance store.

c.

Art shop.

d.

Bakeries.

e.

Barbershops.

f.

Beauty shops.

g.

Bed and breakfast establishments (up to eight units).

h.

Bicycle stores—Sales, rental and repair.

i.

Book or stationery stores.

j.

Business offices.

k.

Churches.

l.

Clinics.

m.

Clothing stores.

n.

Clubs, social and fraternal.

o.

Computer and computer equipment sales and service.

p.

Confectioneries.

q.

Craft shops.

r.

Delicatessens.

s.

Drugstores.

t.

Dry goods.

u.

Essential services.

v.

Financial institutions.

w.

Florists.

x.

Food and grocery stores.

y.

Fraternities.

z.

Fruit and vegetable stores.

aa.

Funeral homes.

ab.

Furniture stores.

ac.

General stores.

ad.

Gift stores.

ae.

Hardware stores.

af.

Hobby shops.

ag.

Hotel.

ah.

Ice cream shops.

ai.

Interior decorator shops.

aj.

Jewelry stores.

ak.

Lodges.

al.

Lodging establishments (up to eight units).

am.

Libraries.

an.

Meat and fish markets.

ao.

Municipal building.

ap.

Music and radio stores.

aq.

News and magazine stores.

ar.

Optical stores.

as.

Packaged beverage stores.

at.

Photographers.

au.

Photographic supplies and service.

av.

Printing shops.

aw.

Private clubs.

ax.

Professional offices.

ay.

Public utility offices.

az.

Restaurants.

ba.

Self-service, pickup laundry and dry cleaning establishments.

bb.

Shoe stores, sales and repair.

bc.

Soda fountains.

bd.

Sporting goods.

be.

Studios (music, art, voice, dance).

bf.

Supermarkets.

bg.

Tailor shops.

bh.

Taverns.

bi.

Television sales and repair shops.

bj.

Tobacco stores.

bk.

Variety stores.

bl.

Vegetable stores.

bm.

Video sales and rentals.

Other permitted uses may be allowed if determined by the plan commission to be substantially similar to the above and subject to the approval by the common council. All other uses must be approved as planned development conditional uses as described in sections 52-263 through 52-266.

(3)

Permitted accessory uses. Residential dwellings located in the same building as a permitted commercial use and located on floors other than the main street level floor are permitted accessory uses.

(4)

Conditional uses. All other uses must be approved as planned developments conditional uses as described in article IX of this chapter provided they conform to the geometric standard as set forth herein.

(5)

Minimum land area. Minimum land area shall be two acres (87,120 square feet).

(6)

Required conditions of planned developments.

a.

Maximum floor area ratio (FAR). Maximum floor area ratio (FAR) shall be 0.50.

b.

Maximum impervious surface ratio. The total surface area of all principal and accessory buildings, hard surfaced parking areas, driveways, private streets, sidewalls, and other impervious surfaces shall not exceed 80 percent of the total land area.

c.

Minimum landscaped open space. At least 20 percent of the land area shall be landscaped open space. To the maximum extent possible, such open space shall include existing wooded areas and individual mature trees on the site at the time of development.

d.

Land use compatibility.

1.

Planned developments permit a variety of land uses and allow applicants flexibility in land use planning. However, all land uses within a planned development in the CBD-3 district must be internally compatible.

2.

The evaluation of land use compatibility shall specifically include: hours of operation, traffic, parking, lighting, noise impact, architectural character and appearance.

e.

Setbacks and yard requirements.

1.

Planned developments in the CBD-3 district must meet the following setback and yard standards with respect to public rights-of-way and adjoining neighboring properties:

(i)

Minimum front yard: 30 feet.

(ii)

Minimum corner side yard: 30 feet.

(iii)

Minimum side yard: ten feet.

(iv)

Minimum rear yard: ten feet.

2.

Setbacks for yards that are internal to the development and do not adjoin public streets or land outside of the planned development may deviate from the setback and yard requirements.

3.

An exception to the front and corner side yard setbacks may be granted by the city where the planned development utilizes an existing structure with a lesser setback where an adjoining building on the same block face has a lesser setback and the use of lesser setback on the planned development would be more consistent with the prevailing architectural character and appearance of the block.

(ah)

CBD-4 Central Business District.

(1)

Intent. The CBD-4 district is intended to establish and preserve areas for low intensity office, neighborhood service, and residential uses located along the perimeter of the downtown area. This area is intended to be a transition area between residential areas and the downtown core. This district will serve as a specialized district that maintains traditional architectural design that is compatible with the buildings located in the downtown area and existing residential buildings. The district is intended to permit single and two-family dwelling units and/or low intensity commercial uses.

(2)

Permitted uses. Single-family and two-family dwellings.

(3)

Permitted accessory uses. Other accessory uses that are customary in connection with the foregoing permitted uses and are incidental thereto.

(4)

Conditional uses. All other uses require a planned development-conditional use. The plan commission has the authority to use their discretion when determining which specific uses are allowed based on compatibility with the surrounding neighborhood, which may be predominantly residential, and in order to meet the intent of the zoning district. Conditional uses are limited to low intensity professional office and service uses, such as insurance and accounting offices, beauty salons, and photography studios. Retail establishments will only be allowed if accessory to another office or service use, such as the sale of beauty products related to a salon or picture frames related to a photography studio. Only the commercial uses listed in CBD-1 and CBD-2 will be considered. If a conditional use is granted for a commercial use, the following conditions apply:

a.

All business, except for off-street parking or loading, shall be conducted within a completely enclosed building, unless specifically exempted by the plan commission or approved as a special event.

b.

The type of business and number of employees is limited to available access and parking to the site. These provisions will be determined at time of conditional use issuance.

(5)

Minimum lot area. Minimum lot area shall be 15,000 square feet.

(6)

Minimum lot width. Minimum lot width shall be 45 feet.

(7)

Minimum front yard setback. Minimum front yard setback shall be ten feet.

(8)

Minimum side yard. Minimum side yard setback shall be ten feet.

(9)

Minimum corner side yard. Minimum corner side yard setback shall be 30 feet.

(10)

Minimum rear yard. Minimum rear yard setback shall be ten feet.

(11)

Minimum setback from ordinary high water mark. Minimum setback from the ordinary high water mark shall be 50 feet.

(12)

Maximum building height.

a.

Residence or commercial. Twenty-five feet maximum, 35 feet if averaging; 45 feet maximum peak height for gable, gambrel, hip and pitch roofs.

b.

Accessory building. Ten feet maximum, 15 feet if averaging; 25 feet maximum peak height for gable, gambrel, hip and pitch roofs.

(13)

Maximum floor area ratio (FAR). Maximum floor area ratio (FAR) shall be 0.50.

(14)

Minimum building floor area. See section 52-18.

a.

Total, two families. Nine hundred square feet per family.

b.

Total, one family. One thousand square feet.

c.

First floor. Eight hundred fifty square feet per family unit.

d.

If accessory to a commercial use, an efficiency unit shall be a minimum of 450 square feet, one-bedroom unit shall be a minimum of 800 square feet, and a two-bedroom or more unit shall be a minimum of 1,000 square feet.

(15)

Signage. Sign regulations are as indicated in article VIII of this chapter, except that no sign shall exceed 12 square feet.

(16)

Off-street parking requirements.

a.

See sections 52-174 through 52-178. In the CBD-4 district, the plan commission may allow a landowner to meet the parking requirement by providing the required parking stalls are either on site or on another privately owned site owned by the same property owner, provided such stalls are within 800 feet of the site.

b.

The plan commission may allow a landowner to meet the parking requirement by paying a downtown parking fee set and established by the city. Such fees shall be determined by the city based on the cost of providing public parking stalls and may be changed periodically as the cost to the city for providing parking stalls changes.

(Code 1997, § 17.39; Rep. and Recr. #411; Am. #113.07; Am. #179; Am. #259; Cr. #442; Rep. #455; Am. #577; Am. #621; Am. #622; Rep. & Recr. #631; Am. #670; Am. #719; Rep. #719)

(Ord. No. 754, § 1, 11-4-2019; Ord. No. 755, § 1, 11-4-2019; Ord. No. 765, §§ 1—26, 1-20-2020; Ord. No. 779, §§ 3—5, 4-19-2021; Ord. No. 777, §§ 3—9, 3-1-2021; Ord. No. 788, 12-20-2021; Ord. No. 789, § 1, 12-20-2021; Ord. No. 799, §§ 1—7, 6-20-2022; Ord. No. 823, §§ 9—21, 11-6-2023; Ord. No. 832, § 1, 7-15-2024)

Table 1: Summary of Lot Area, Width, Setback, Yard, Floor Area Ratio, and Open Space Requirements

(Code 1997, ch. 17, table 1; Rep. and Recr. #411)

(Ord. No. 777, § 12, 3-1-2021; Ord. No. 799, § 8, 6-20-2022)