(1)

For the purpose of this chapter, the City of Elkhorn is hereby divided into the following 21 basic zoning districts:

(2)

In addition, there is hereby established within the City of Elkhorn four overlay districts which shall be known as:

(3)

Boundaries of these districts are hereby established as shown on the maps entitled "Zoning Map—City of Elkhorn, Wisconsin," dated March 16, 1987, and updated per Section 17.4-2, which accompanies and is herewith made a part of this chapter. Such boundaries shall be construed to follow: Corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended; unless otherwise noted on the Zoning Map.

(4)

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.

(5)

Annexations to or consolidations with the City subsequent to the effective date of the ordinance codified in this chapter shall be placed in the A-1 agricultural/holding district, unless the annexation ordinance places the land in another zoning district. In the case of those annexed lands placed in the A-1 agricultural/holding district, within one year, the City Plan Commission shall evaluate and recommend a permanent classification to the Common Council.

(Ord. No. 14-05, §§ 1, 2, 2014.)

A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall be available to the public in the office of the City Clerk. The Zoning Map shall be updated annually or as often as is deemed necessary.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The A-1 agricultural/holding district is intended to provide for the continuation of general farming and related uses in those areas of the City that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RS-1 residence district is intended to provide for single-family residential development on lots at densities not to exceed 5.4 dwelling units per net acre served by municipal sewer and water facilities.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RS-2 residence district is intended to provide for a single-family residential development on lots at densities not to exceed 2.1 dwelling units per net acre served by municipal sewer and water facilities. This district can provide a transition between urban and rural areas.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RD-1 residence district is intended to provide for two-family residential development on lots at densities not to exceed 9.6 dwelling units per net acre, served by municipal sewer and water facilities.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RM-1 residence district is intended to provide for multiple-family residential development, at densities not to exceed 8 dwelling units per net acre, served by municipal sewer and water facilities.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RM-2 residence district is intended to provide for multiple-family residential development, at densities not to exceed 16 dwelling units per net acre, served by municipal sewer and water facilities.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The RM-3 manufactured home residence district is intended to provide for the location of manufactured homes and manufactured dwellings in a residential setting that is compatible with adjacent land uses, at densities not to exceed 6.0 dwelling units per net acre for a manufactured home park, served by municipal sewer and water facilities. Manufactured homes and manufactured dwellings are declared herein to be residential structures and entitled to the same protection from incompatible uses as is offered in other residential districts.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The R-4 residential mixed use district is intended to provide for balanced mixed-use neighborhoods, which may include single-family residential, townhomes and duplexes, multi-family residential, limited commercial, institutional, employment areas and parks, recreation and open spaces. The district is further intended to be consistent with the 2030 Comprehensive Plan, contain a balanced and sustainable mix of uses, and provide a wide range of housing options, in addition to limited retail and other commercial uses.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-1 central business district is intended to provide for the retail, service, office, and entertainment businesses typical of the downtown area in a city of this scale, and other urban activities which contribute to its role as the heart of the community and County seat.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-2 business district is intended to provide for a wide variety of retail and customer services establishments which primarily serve the Elkhorn community, including the City and its immediate environs. The primary locations for this district include areas with high accessibility from arterial roads.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-3 business district is intended to provide for the small businesses that serve the day to day convenience goods and services needs of nearby households. This district is seldom more than a few acres in size.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-4 office district is intended to provide for small scale office, administrative, professional, and business or personal service uses in their own unique setting or in areas of transition between more intense business districts and residential neighborhoods. The office activities must be compatible with residential neighborhood uses and not exhibit the intense activity of other business districts. Uses in this district should be characterized by low density and extensive landscaping.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-5 highway business district is intended to provide for those businesses that are uniquely suited to highway interchange areas or which benefit by high visibility from major state or interstate highways. These uses might include hotels and motels, restaurants, big box retailers, automotive service centers and dealers, and corporate headquarters, among others. These uses must be set well back from adjacent rights-of-way with extensive landscaping and buffering. Curb cut access from adjacent highways must be controlled.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The B-6 commercial business district is intended to provide for those businesses that are uniquely suited to an area planned for a mixed businesses environment with extensive facilities and easy accessibility or which require office, warehouse, and outdoor storage spaces on the same lot. These uses might include business services such as contracting and supplies as well as office and professional uses.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The M-1 manufacturing district is intended to provide for light manufacturing, assembly, and related uses of a limited nature and size. Uses appropriate for this district do not involve hazardous materials or outdoor production, although outdoor storage may be appropriate.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The M-2 manufacturing district is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than the M-1 light manufacturing district, in those areas where the relationship to surrounding land use would not create problems of compatibility. Areas designated for M-2 use after the effective date of the ordinance codified in this chapter should not abut directly upon residential districts. Uses which involve hazardous material or outdoor production may be appropriate in some M-2 districts.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The I-1 institutional district is intended to provide specific areas for uses which are under governmental, public utility, or institutional ownership and where the use for public purpose is anticipated to be permanent. This district may provide for schools, places of worship, libraries, museums, and other such uses, as well as their common accessory uses such as auditoriums and play fields. Parks and open space are not primary uses in this district.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The P-1 park district is used to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met with sensitivity to natural resources and adjacent uses.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Designation. This district shall include all areas that are considered by the City of Elkhorn to be wetlands, marshlands, swamps or floodplains and as defined in this chapter. In order to distinguish the wetlands within this district from other conservancy land, the final Wisconsin Wetlands Inventory Maps for City of Elkhorn may be utilized. In the case of any other conservancy designated land, the Plan Commission will consult with the Department of Natural Resources and coordinate the appropriate on-site investigation to determine the exact boundary. If the DNR staff concur with the Plan Commission that a particular area was incorrectly mapped as a wetland or conversely should have been mapped but was not, the Plan Commission shall have the authority to immediately deny or grant a permit in accordance with the regulations applicable to the correct zoning district designation as it may be modified by such field determination. A notation shall be made on the map indicating that such a change has been made for future reference purposes.

(2)

Purpose and Intent. This district is intended to preserve and protect environmentally sensitive lands by limiting the uses and intensity of uses that may be placed upon them to maintain safe and healthful conditions; to prevent water pollution; to protect fish spawning grounds and wildlife habitat; to preserve shore cover and natural beauty; and to control building and development in such conservancy/wetlands wherever possible. When development is permitted, it shall occur in a manner that minimizes adverse impacts upon the area in question. These lands are often in a natural, relatively undisturbed state and shall include wetlands, marshlands, swamps, floodlands and areas up to the ordinary high watermark along streams or other navigable waters.

(3)

Use Regulations.

(a)

The following activities and uses are allowed without the issuance of a 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 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)

The following uses are allowed without the issuance of a permit and 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 abnormal wet or dry conditions that would otherwise have an adverse impact on the conduct of the existing silviculture activities;

2.

The cultivation of cranberries including limited wetland alteration necessary for the purpose of growing and harvesting cranberries;

3.

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

4.

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

5.

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

6.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon natural functions of the wetland;

7.

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

(c)

The following uses are allowed upon the issuance of a conditional use permit and may include wetland/floodplain alterations only to the extent specifically provided below:

1.

The construction and maintenance of roads and related drainage systems which are necessary for the continuity of the municipal street/drainage systems, the provision of essential utility and emergency services or to provide access to uses otherwise permitted as uses in wetland zoning provided that:

a.

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

b.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland,

c.

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

d.

Road construction activities are carried out in the immediate area of the road bed only,

e.

Any wetland alteration shall be necessary for the construction or maintenance of the road;

2.

The construction and maintenance of nonresidential buildings provided that:

a.

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

b.

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

c.

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

d.

Only limited filling or 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 scenic areas, game refuges, enclosed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps provided that:

a.

Any private development under this section shall be used exclusively for the permitted purpose,

b.

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

c.

The construction and maintenance of roads necessary for the uses permitted under this section are allowed only if such construction and maintenance meets the criteria in the previous section,

d.

Wetlands alteration and game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preservation shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values;

4.

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

a.

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

b.

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

c.

Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland.

(4)

Prohibited Uses in Wetlands. Any use not listed in this section is prohibited unless the wetland or portion of the wetland has been rezoned by amendment of this chapter.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people of the City of Elkhorn. The purpose of the HPD historic preservation overlay district is to effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history; safeguard the City's historic and cultural heritage, as embodied and reflected in such landmarks and historic districts; stabilize and improve property values; foster civic pride in the beauty and noble accomplishments of the past; protect and enhance the City's attractions to residents, tourists and visitors for education, pleasure, and general welfare, and serve as a support and stimulus to business and industry; and strengthen the economy of the City.

(2)

Permitted Uses.

(a)

Any use permitted in the underlying basic use district.

(3)

Conditional Uses (see Section 17.14-5).

(a)

Any conditional use permitted in the underlying basic use district.

(4)

Lot Areas and Width (see Article 17.5-3).

(a)

Lot area and width shall conform to that required in the underlying basic use district.

(5)

Building Height (see Article 17.5-3).

(a)

Building height shall conform to the requirements of the underlying basic use district.

(6)

Setback and Yards (see Article 17.5-3).

(a)

All buildings shall conform to the setback and yard requirements of the underlying basic use district.

(7)

Recommendation of the Historic Preservation Commission.

(a)

A copy of a petition for rezoning to an HPD district shall be submitted to the Historic Preservation Commission when the petition is filed with the City Clerk for review and comment.

(b)

When considering a petition for rezoning for a HPD district, the Plan Commission and the Common Council, in making their respective recommendations and determinations, shall take into consideration the recommendation of the Historic Preservation Commission.

(8)

Designation of Landmarks, Landmark Sites and Historic Districts. The Plan Commission, upon referral to and the recommendation of the Historic Preservation Commission, may designate landmarks, landmark sites and historic districts within the City. Such designation should, however, be based upon the criteria established in Section 17.11-6. Appropriate records, including photographs and plans, shall be kept as part of the City's official zoning file.

(9)

Limitation on Structural or Appearance Changes. Structural changes shall be regulated in the following manner:

(a)

Certificate of Appropriateness Required. There shall be no alterations in the architectural appearance of any structure within an HPD district without the approval of plans for such alterations by the Plan Commission. In determining whether to grant approval the Plan Commission shall take into consideration the recommendation of the Historic Preservation Commission. For the purposes of this section, alterations shall include any change, addition to or demolition of any part or all of a structure. The Plan Commission shall make its determination within 60 days of the filing of the application for a Certificate of Appropriateness.

(b)

Basis for Approval. No alterations shall be permitted that would tend to destroy or seriously impair the particular character and quality of the HPD district. No change or alteration of a landmark, landmark site, or historic district shall be permitted which destroys, seriously impairs or significantly alters its character in terms of its historical or architectural interest.

(c)

Repairs or Destruction. Notwithstanding the provisions of Article 17.9, total lifetime structural repairs, restoration or alterations of a preservation structure may exceed 50 percent of the City's equalized value if the Plan Commission determines upon recommendation by the Historic Preservation Commission that the structure will be repaired, restored or altered in such a way as to maintain the character of the structure and the character of the HPD district without significant alteration or change in such character. No person in charge of a landmark or improvement in a historic district shall be granted a permit to demolish such property without review and recommendations by the Historic Preservation Commission to the City Plan Commission.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Purpose. This district is intended to set forth requirements for the protection of natural resources and permanently protected open space areas within the City of Elkhorn. These regulations are designed to ensure the implementation of the environmental protection objectives of the Regional Land Use Plan for Southeastern Wisconsin: 2010, as administered by SEWRPC, and in part, the provisions of §§ 62.231 and 87.30, Wis. Stats. These objectives include, but are not limited to: enhancing water infiltration; reducing the transfer of pollution and sediments caused by stormwater runoff; reducing soil erosion; protecting groundwater quality and quantity; protecting wildlife habitat; providing open space separation between long-term growth areas, long-term nongrowth areas, and conflicting land uses; integrating and augmenting opportunities for passive and active recreation through open space linkages; preserving visual open space amenities; and protecting and enhancing property values of developed areas.

(2)

Boundaries of Districts. The Environmental Corridor Overlay Districts encompass those areas delineated as Primary and Secondary Environmental Corridors by SEWRPC, as amended from time to time. The boundaries of the PEC (Primary Environmental Corridor District) and the SEC (Secondary Environmental Corridor District) shall be depicted on the official zoning map. Upon the proposal of any subdivision of any property which lies, in whole or in part, in the Primary or Secondary Environmental Corridor Districts, the property owner shall prepare a detailed site analysis (per the requirements of subsection (4)(d) of this section), which shall accurately depict the location of all lands within Primary and Secondary Environmental Corridors on the subject property.

(3)

Components of the Primary and Secondary Environmental Corridor Districts. The Primary and Secondary Environmental Corridor Districts are comprised of the following natural resource components:

(a)

100-year floodplains;

(b)

Wetlands;

(c)

Shorelands;

(d)

Drainage ways;

(e)

Steep slopes (greater than 12%);

(f)

Woodlands;

(g)

Archeological and historic sites;

(h)

Wildlife habitat;

(i)

SEWRPC-designated environmental corridor interconnecting areas.

(4)

Detailed Site Analysis.

(a)

Purpose. The detailed site analysis is intended to provide the absolute boundary for the Primary and Secondary Environmental Corridor Districts.

(b)

Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all Primary and Secondary Environmental Corridors. This detailed site analysis map shall meet the following requirements:

1.

A minimum scale of one inch equals 200' shall be used;

2.

Topography with a minimum contour interval of 2' shall be shown;

3.

All Primary and Secondary Environmental Corridors shall be accurately outlined and clearly labeled.

(c)

Required procedure for submission and review.

1.

Required Timing of Submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to the submission of the required petition for a land division.

2.

Review by Staff Development Review Committee. City staff shall review the submitted detailed site analysis map for general compliance with the following data sources:

a.

The official zoning map depiction of the Primary and Secondary Environmental Corridor Overlay Zoning District;

b.

Applicable SEWRPC environmental corridor maps;

c.

Aerial photos of the subject property;

d.

USGS quadrangle maps and other sources of topographic information;

e.

Applicable FEMA and related floodplain maps;

f.

Applicable Federal and State wetland inventory maps;

g.

The City of Elkhorn 2020 Community Development Plan;

h.

Site visits; and

i.

Determination of Primary and Secondary Environmental Corridor boundaries by SEWRPC.

3.

Petitioner Notification. Within 20 days of submission, the Zoning Administrator shall provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by the City staff; or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.

4.

Modification of Detailed Site Analysis Map. If necessary, as determined by the Staff Development Review Committee, revised detailed site analysis maps shall be prepared by the petitioner, and submitted for review by City staff, until deemed acceptable by staff.

5.

Acceptance of Detailed Site Analysis Map. Upon notification of acceptance of the detailed site analysis map by City staff, the petitioner may proceed with the submittal of necessary development documents for land division.

(d)

Integration of detailed analysis information with required land division documents. Information contained on the detailed site analysis map relating to the boundaries of the Primary and Secondary Environmental Corridors shall be clearly depicted by a registered land surveyor (to the satisfaction of the Zoning Administrator) on any and all documents required for land division.

(5)

Primary and Secondary Environmental Corridor Districts.

(a)

Permitted Uses by Right.

1.

Any use permitted by right in the underlying zoning district, except as prohibited in subsection (4) of this section.

(b)

Permitted Accessory Uses.

1.

Any accessory use permitted by right in the underlying basic district;

2.

Any other use normally incidental to or accessory to the permitted overlay use.

(c)

Conditional Uses.

1.

Any conditional use permitted in the underlying basic district.

(d)

Prohibited Uses in Primary and Secondary Environmental Corridors.

1.

Agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of commercial gardens and harvesting of trees.

(e)

Area Regulations.

1.

Residential density factor (acres per dwelling unit):

a.

Primary Environmental Corridor District: 5 acres.

b.

Secondary Environmental Corridor District: 2 ½ acres. The Common Council, upon the favorable recommendation of the Plan Commission, may allow for greater density within a Secondary Environmental Corridor District upon a determination that the density allowed is consistent with the purpose of this section, as set forth in subsection (1), and protects those natural resource areas listed in subsection (3).

2.

All other area regulations shall be as required by the underlying district for uses permitted in the underlying district.

(Ord. No. 14-05, §§ 1, 2, 2014; Ord. No. 2025-05, § 1, 2-3-2025.)

(1)

Purpose.

(a)

The purpose of the planned unit development (PUD) overlay district is to encourage more rational and cost-effective delivery of public services, encourage and promote improved environmental design, facilitate the preservation of open space and park land, and encourage more creative and imaginative design in the development of land than is possible under the regulations of the base zoning district.

(b)

The planned unit development overlay district allows diversification and variation in the relationship of uses, structures, and open space in developments that are planned and implemented as comprehensive, cohesive, and unified projects.

(c)

Planned unit developments are allowed in all areas of the City and may be predominantly residential, commercial, industrial, or mixed-use in nature, depending on the predominant land use.

(2)

General Requirements.

(a)

Applicable Regulations; General Compliance with City Ordinance. Except as provided in this article, a planned unit development shall be developed in conformity with the regulations of the Zoning Ordinance for the underlying zoning district in which the planned unit development is located, the Subdivision Ordinance, and other applicable codes and ordinances of the City of Elkhorn.

(b)

Permitted Uses. Any use that is a permitted use in the underlying zoning district may be allowed in the planned unit development overlay district, subject to the criteria established in subsection 17.4-24(5) and provided such uses are identified in the approved and recorded general development plan.

(c)

Conditional Uses. Any use allowed as a conditional use in the underlying zoning district may be allowed in the planned unit development overlay district, subject to the criteria established in subsection 17.4-24(5) and provided such uses and any conditions or requirements attached to such uses are identified in the approved and recorded general development plan.

(d)

Permitted Planned Unit Developments in R-4.

1.

Type and Uses.

a.

Residential planned unit development can include the following uses:

(i)

Single-family residential dwelling units.

(ii)

Attached single-family residential dwelling units.

b.

Mixed-use planned unit development (see Section 17.4-24 of the Zoning Code) can include the following uses:

(i)

Single-family residential dwelling units.

(ii)

Attached single-family residential dwelling units.

(iii)

Multiple-family residential dwelling units.

(iv)

All permitted and conditional uses in either the RM-2 multiple-family residential district and/or B-3 neighborhood business district.

Note: Mixed use development, as used here within this subchapter, means a single unified development that combines a mix of uses and/or activities within the same building, within separate buildings on the same site, or within separate buildings on adjacent connected sites provided that this is accomplished in a unified plan adopted by the City.

2.

Standards.

a.

Minimum district size to be rezoned to R-4:

(i)

Residential planned unit development: 15 acres.

(ii)

Mixed use planned unit development: 20 acres

(iii)

Rezoning of lots less than 5 acres existing in City of Elkhorn and lots less than 40 acres in land to be annexed into the City of Elkhorn is not encouraged.

b.

Maximum sub area size:

(i)

Single-family dwellings: Not more than 20 acres.

(ii)

Attached single-family dwellings: Not more than 10 acres.

(iii)

Mixed use: Not more than 20 acres.

Note: Sub area, as used here within this subchapter, means an area within a planned unit development characterized by a common single land use, housing type, or building type.

c.

Target land use mix. Based on the target land use mix established in the 2030 Comprehensive Plan, the target land use mix for a predominantly residential or mixed-use planned unit development in this district is as follows, but may be varied as part of a planned unit development approval by the Common Council:

(i)

50% single-family residential.

(ii)

3—5% medium density residential.

(iii)

3—5% high density residential.

(iv)

1% neighborhood commercial.

(v)

15% parks and open space.

(vi)

5% schools/institutions.

(vii)

20% roads/detention/utilities.

d.

All standards in Article [Section] 17.5-3 can be modified as part of a planned unit development if the Common Council finds the development meets the spirit and intent of the Ordinance.

(e)

Predominant Land Use: Minimum Area. A planned unit development shall be classified as residential, commercial, industrial, or mixed-use depending on its predominant land use. A planned unit development overlay district shall contain a minimum total development area as follows:

a.

Purpose of Mixed Use PUD: The Mixed Use PUD is intended to facilitate creative and imaginative development; particularly on small infill sites where application of bulk, density, or parking standards is difficult due to unique physical site conditions. The Mixed Use PUD shall not be used to apply flexible development standards as a convenience for consideration of relief from zoning standards for a development that does not otherwise meet the intent of using the planned development process as defined in this chapter.

b.

Determination to Apply Mixed Use PUD: A determination that the Mixed Use PUD designation may be applied to a development site shall be made by the Zoning Administrator upon completion of the Pre-Application Process ([subsection 17.4-24(4)(a)). Such determination shall be based on the Mixed Use PUD purpose described above.

(3)

Provision of Flexible Development Standards. The planned unit development process is intended to afford both the City and the developer considerable flexibility in formulating major development proposals. Thus, planned unit developments are not strictly bound by the use, density, and area restrictions of the underlying zoning district in which the planned unit development is located. As part of the planned unit development process, modifications to the following development standards may be approved by the Plan Commission and/or Common Council.

(a)

Land Use Requirements. All land uses considered as "residential", "institutional", "commercial", "office", "light industrial", or "recreational" may be permitted within a planned development as specified in the general development plan and the precise implementation plan for the approved planned development.

(b)

Density and Intensity Requirements. All requirements listed for residential density (number of dwelling units per acre) and nonresidential intensity (percentage of lot area compared to total floor area and impervious surface area) shall be as specified in the approved planned development.

(c)

Bulk Requirements. All bulk requirements (building setback and height) shall be as specified in the approved planned development.

(d)

Landscaping Requirements. All landscaping requirements shall be as specified in the approved planned development.

(e)

Parking and Loading Requirements. All requirements for off-street parking, traffic circulation, and off-street loading shall be as specified in the approved planned development.

(f)

Other Development Requirements Imposed by Ordinance or Plan. Requirements of the land division ordinance, official map or other local regulations or plans shall be as specified in the approved planned development.

Modifications in the above development standards may be approved only in direct response to the tangible benefits received from the planned unit development to the City or the neighborhood in which it is to be located. These benefits shall be in the form of exceptional amenities; outstanding environmental, landscape, architectural or site design; or the conservation of natural features of the site. Any proposed modifications to the development standards shall be fully set forth in the general development plan.

(4)

Procedural Requirements. The procedure for establishing a planned unit development overlay district shall be identical to the procedure required for any other zoning map amendment except that a petition to establish a planned unit development overlay district shall be considered only in conjunction with a general development plan (GDP) as hereinafter defined and shall be subject to the additional requirements set forth in this section.

(a)

Pre-application Conference. Prior to the submission of a petition for a zoning map amendment to establish a planned unit development overlay district, the developer shall meet with City staff to discuss the scope and the proposed nature of the proposed planned unit development.

(b)

Conceptual Plan Review.

1.

Plan Commission Conceptual Review. Following the pre-application meeting, the developer shall appear before the Plan Commission to informally discuss the initial concept for the planned unit development. The purpose of this conceptual plan review is for the Plan Commission to provide feedback to the developer regarding the overall concept of the proposed development and requested zoning changes. The Commission may comment on the general acceptability of the proposed planned unit development or on specific aspects that should be included, excluded, altered, or otherwise addressed as the project moves through the formal review process.

2.

Application. Application for conceptual plan review shall be submitted prior to the Plan Commission Conceptual Review meeting in a format prescribed by the City and on a schedule determined by the Zoning Administrator. Applications determined to be incomplete will not be accepted by the City. Applications for conceptual plan review shall be accompanied by any documents directed by the Zoning Administrator, including but not limited to:

a.

A project narrative/cover letter that provides an overview of, and purpose of the project, the desired outcome(s), expected market for the project, any proposed modifications to the underlying zoning, and description of how the planned unit development supports the goals and objectives of the City's comprehensive plan.

b.

A site plan showing:

(i)

The general location of all existing and proposed rights-of-way, public and private roads, driveways, sidewalks and parking facilities.

(ii)

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

(iii)

The type, size and location of all existing and proposed structures and land uses.

(c)

Application for Zoning Change. Following the conceptual plan review, the property owner may file an application with the Zoning Administrator for a zoning change to establish a planned unit development overlay district pursuant to Article 17.13 of this chapter. The creation of a planned unit development overlay district shall be accomplished in 2 stages: approval of the general development plan (GDP) and approval of the specific implementation plan (SIP).

(d)

General Development Plan. An application for a zoning change to a planned unit development overlay district shall be accompanied by a general development plan, which shall include the following information (applications deemed incomplete shall not be accepted by the City):

1.

A project narrative/cover letter that provides an overview of, and purpose of the project, the desired outcome(s), expected market for the project, description of how the planned unit development supports the goals and objectives of the City's comprehensive plan, and a description of how the planned unit development addresses each of the criteria set forth in subsection 17.4-24(5).

2.

A legal description of the boundaries of the subject property included in the proposed planned unit development and its relationship to surrounding properties.

3.

The location of all existing and proposed rights-of-way, public and private roads, driveways, sidewalks and parking facilities.

4.

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

5.

The type, size and location of all existing and proposed structures and land uses.

6.

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

7.

General landscape treatment proposed.

8.

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

9.

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

10.

Characteristics of soils related to contemplated specific uses.

11.

Existing topography of the subject property with contours at no greater than 2-foot intervals.

12.

If the development is to be staged, staging plan.

13.

A plan showing how the entire development can be further subdivided in the future.

14.

Any proposed modifications to the underlying zoning district.

(e)

Specific Implementation Plan. If the Common Council in accordance with Article 17.13 approves the general development plan and the additional procedures set forth in this article the property owner shall have a period of 12 months in which to file an application for a specific implementation plan with the Plan Commission, through the Zoning Administrator. Unless and until a specific implementation plan is approved by the Common Council and recorded with the register of deeds, no building permit shall be issued for any construction within the planned unit development overlay district. A specific implementation plan shall include the following information:

1.

A precise description of the type, number and size of dwelling units; a description of the type and amount of square feet devoted to commercial or industrial uses, the estimated number of employees, and character and volume of truck and automobile traffic generated form the site.

2.

A proposed plat of the entire development area showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways, and parking facilities.

3.

A detailed site plan of the development showing the location of all buildings, pavement areas, signs and outdoors lighting.

4.

A detailed landscape plan showing the location and treatment of open space areas and the location, species, and size of landscape material.

5.

A detailed grading plan.

6.

Location of all utility installations.

7.

A stormwater management plan.

8.

Architectural drawings and sketches illustrating the design and character of proposed structures, including elevation drawings of all principal buildings. In any planned unit developments containing single-family homes, the Plan Commission may approve site and architectural design guidelines to be recorded as a declaration of covenants, deed restrictions, or other similar document, in lieu of reviewing the plans for each individual single-family residence.

9.

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to begin;

b.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

c.

The anticipated rate of development;

d.

The approximate date when the development of each of the stages will be completed;

e.

Agreements, bylaws, or covenants that govern the organizational structure, use, maintenance and continued protections of the planned unit development and any of its common services, open areas or other facilities.

f.

Any other plans, documents or schedules required by the Plan Commission or Common Council.

(f)

Architectural Pattern Book. Subject to an application for all multi-phase residential or mixed-use planned unit developments in the R-4 zoning district, the applicant shall include an architectural pattern book as established by the Village Administrator.

(5)

Basis for Review. As a basis for approving, conditionally approving, or rejecting a general development plan or specific implementation plan, the Plan Commission and the Common Council shall generally consider whether or not the proposed planned unit development: (i) is consistent with the spirit and intent of this chapter, (ii) is consistent with the City's comprehensive plan, (iii) produces significant benefits in terms of environmental design, and (iv) has been prepared with professional advice and guidance. Specific consideration shall be given to the following criteria:

(a)

Character and Integrity of Land Use. Whether the uses proposed and their intensity and arrangement on the site will be of a visual and operational character which:

1.

Are compatible with the physical nature of the site, with particular concern for preservation of natural features, tree growth and open space.

2.

Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the community.

3.

Would not adversely affect the anticipated provision for school or other municipal services.

4.

Would not create traffic or parking demand incompatible with the existing or proposed facilities to serve it.

5.

The planned unit development is or can be developed in a manner that is consistent with the comprehensive plan.

6.

The planned unit development will accommodate development on lots that will comply with the setbacks of the underlying zoning district in which the planned unit development is located, or with the setback standards to be developed as part of the general development plan, and will not result in the substantial loss of existing trees or significant alteration of the existing topography.

7.

The planned unit development will not substantially modify or threaten the integrity of natural resources, including without limitation existing steep slopes, floodplains, wetlands, mature trees, or the use of public open spaces.

8.

The planned unit development will include the dedication of easements or rights-of-way necessary to provide for current and future extension of public utilities and services to the planned unit development.

9.

The planned unit development will extend, or does not inhibit the extension of, the existing City street system and recognizes the interconnection of adjacent neighborhoods.

(b)

Economic Feasibility and Impact. Whether the developer has provided evidence that the proposed planned unit development is economically feasible, adequate financing is available to complete it, and it will not adversely affect the economic prosperity of the City or the values of surrounding properties.

(c)

Engineering Design Standards. Whether the width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration are sufficient for the proposed planned unit development; bearing in mind, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City Engineer.

(d)

Reservation and Maintenance of Open Space. Whether adequate provisions have been made for the permanent reservation and maintenance of open space for the recreational and aesthetic enhancement of the development. Such provisions may be made by dedication to the public or by private reservation with appropriate covenants.

1.

Private Reservation. If open space is to be provided by private reservation, the Plan Commission and the Common Council shall consider:

a.

Whether the open area to be reserved will be protected against further development through the use of appropriate covenants. Such protection may be accomplished by conveying to the City a perpetual open space easement over such open areas restricting the area against future development or use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of surrounding residences. Buildings or uses for noncommercial, recreational, or cultural purposes compatible with the open space objective may be compatible where specifically authorized as part of the general development plan or, subsequently, with the express approval of the Common Council following review of building, site, and operational plans by the Plan Commission.

b.

Whether an appropriate management organization will be established for the planned unit development to ensure the care and maintenance of open space reservations. The manner of ensuring maintenance and assessing such cost to individual properties within the planned unit development shall be included in any contractual agreement with the City.

c.

Whether the ownership and tax liability of private open space reservations will be established in a manner acceptable to the City and made a part of the conditions of the general development plan approval.

2.

Public Dedication. If open space is to be provided by public dedication at the time of plat approval, the Plan Commission and the Common Council shall consider the appropriateness of such dedications in light of the City's Subdivision Ordinance.

(d)

Implementation Schedule. Whether the developer has provided a reasonable schedule for the implementation of the proposed planned unit development, including any staging plans for construction. The Plan Commission and Common Council shall also consider what assurances the developer has offered that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community in the event the physical development of the proposed planned unit development is terminated prior to its full implementation.

(e)

Residential Uses. If the proposed planned unit development includes residential uses, the Plan Commission and Common Council shall consider whether:

1.

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

2.

The total net residential density within the planned unit development will be compatible with the City's comprehensive plan and the density of the neighborhood wherein located.

3.

Structure types will be generally compatible with other structural types permitted in the neighborhood.

4.

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

5.

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

6.

The population density of the planned unit development will have an adverse effect upon the community's capacity to provide needed school or municipal service facilities.

7.

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

(f)

Commercial Uses. If the proposed planned unit development includes commercial uses, the Plan Commission and Common Council shall consider whether:

1.

The developer has offered sufficient justification for the economic practicality of the proposed planned unit development.

2.

The proposed planned unit development will be served by off-street parking and truck service facilities in accordance with this chapter.

3.

The proposed planned unit development will be adequately provided with and will not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

4.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and whether the development will create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

5.

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

(g)

Industrial Uses. If the proposed planned unit development includes industrial uses, the Plan Commission and Common Council shall consider whether:

1.

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

2.

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

3.

The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail or arterial highway facilities.

4.

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

(h)

Mixed Uses. If the proposed planned unit development includes a mixture of different types of uses, the Plan Commission and Common Council shall consider whether:

1.

The proposed mixture of uses results in a unified composite that is compatible with the surrounding neighborhood.

2.

The various types of uses conform to the general requirements applicable to projects of such use and character, as set forth in this chapter.

(6)

Approval of General Development Plan; Adoption of Zoning Change. If the Common Council adopts a zoning change establishing a planned unit development overlay district, the zoning regulations for the property subject to such planned unit development overlay district shall be the requirements of the underlying zoning district, except as modified by the general development plan.

(7)

Development Agreement. Before any building permit shall be issued, the applicant and the owner shall enter into an appropriate contract with the City to guarantee the implementation of the planned unit development according to the terms and conditions established as a part of the general development plan and the specific implementation plan. The City shall have the right, if deemed appropriate, to require the inclusion of performance bonds or other security deemed satisfactory to the City Attorney.

(8)

Recording of Approved General Development Plan, Specific Implementation Plan, and Development Agreement. Whenever the Common Council approves a zoning change to a planned unit development overlay district, the City Clerk shall record in the office of the register of deeds a certified copy of the approved general development plan within 30 days of the approval. Certified copies of the specific implementation plan and the development agreement required under subsection 17.4-24(7) shall likewise be recorded by the City Clerk in the office of the register of deeds within 30 days of the approval or execution of each.

(9)

Termination of Planned Unit Development Overlay District. If, after the general development plan has been approved, the developer elects to abandon the planned unit development or fails to submit a specific implementation plan within 12 months as required by this article, the general development plan shall be deemed terminated and shall be of no force or effect. In the event the general development plan is terminated pursuant to this subsection, the planned development overlay district shall also be deemed terminated and shall be of no force or effect. The City Clerk shall record notice of any such termination in the Office of the Register of Deeds.

(10)

Amendment of General Development Plan or Specific Implementation Plan. After a planned unit development overlay district has been adopted in accordance with this article, any subsequent change of use of any parcel of land or any modification of the approved general development plan or specific implementation plan may be authorized by the Plan Commission upon a finding that such change or modification does not constitute a substantial alteration of the approved general development plan or specific implementation plan. In the event the Plan Commission determines that such change or modification constitutes a substantial alteration of the approved general development plan or specific implementation plan, the change or modification shall only be permitted in accordance with the procedures set forth in Article 17.13.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The transition zoning district is intended to provide a mixed-land use and harmonious building form transition area between the denser commercially oriented central business district and the surrounding predominantly single-family residential districts, by allowing for a mix of uses including housing, retail, office, commercial, and civic, which respects the residential character of the surrounding properties.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The E-1 employment district is designed for employment-intensive uses such as light manufacturing, or large offices complexes in campus-like settings. Some commercial uses are allowed, subject to limits, with the primary purpose of serving those primary employment uses.

(1)

Purpose and Intent. It is the purpose of the E-1 employment district to provide a zoning district that encourages creative, well planned, employment-intensive mixed industrial, office, and commercial development in a campus-like setting, which encourages consistent and uniform site layouts; architecture designed to attract business and light industry that is clean and unobtrusive to surrounding properties; employers that provide primarily higher paying jobs requiring highly skilled workers; and a setting that is aesthetically pleasing and contributes significantly to the City's tax base. E-1 employment district is intended to:

(a)

Expand employment opportunities by emphasizing employment-intensive uses;

(b)

Assist in the implementation of the City's Comprehensive Plan by creating development opportunities for high paying jobs close to residential areas, thus reducing travel time and relieving any strain on the transportation infrastructure;

(c)

Allow for limited commercial uses with the primary purpose of serving the office space, research and development uses contained within each campus;

(d)

Maintain a harmonious relationship between the various buildings and sites contained within the district;

(e)

Promote development in large area to allow for better design campus developments;

(f)

Minimize the impact upon neighboring properties and protect property values by ensuring well-planned and well-maintained developments;

(g)

Contribute to a positive and healthy working environment; and

(h)

Serve as an economic development tool in the effort to increase the City's commercial and industrial tax base.

(2)

Design Guidelines. The City of Elkhorn recognizes that the quality of building and site design are key factors influencing the overall quality of development and investment in property. To help ensure that development within the E-1 district supports and encourages a high standard of architectural design and site planning, the Plan Commission has adopted, by separate resolution, the Employment District Design Guidelines, which the Commission shall refer to in the review of proposed developments within the E-1 zoning district. A copy of the guidelines is on file with both the City Clerk and the Zoning Administrator.

(Ord. No. 14-05, §§ 1, 2, 2014.)

The Central Place Overlay is intended to maintain the established character of downtown structures and activities. The overlay complements the B-1 Central Business District in providing shops and services for the community and surrounding areas; and seeks to maintain a pedestrian-friendly environment that includes vertical mixed use buildings, set close to street that create a consistent and unbroken street wall with entries and windows as the dominant elements of the front façades.

(Ord. No. 14-05, §§ 1, 2, 2014.)