Fox Point Village City Zoning Code

§ 745-22.1

PWO Port Washington Overlay District.

[Added 1-14-2025 by Ord. No. 2025-01]

Intent. The Port Washington Overlay District (PWO) is established to promote vibrant commercial activity while preserving the unique residential character of the community. The intent of the PWO is to create a dynamic, mixed-use environment along the Port Washington Road corridor that enhances economic vitality, and permits greater flexibility in site orientation and use than the base district may allow.

Flexibility in use. The PWO encourages a diverse mix of commercial, retail, office, residential, and mixed-use developments that contribute to the vibrancy and vitality of the areas adjacent to Port Washington Road. Flexibility in land use regulations within the PWO is intended to accommodate a variety of building types and sizes, fostering innovation, entrepreneurship, and economic growth.

Promoting redevelopment. The PWO encourages the revitalization and redevelopment of underutilized or blighted properties along the Port Washington Road corridor. Redevelopment efforts may reuse existing structures where feasible, as well as the creation of new developments that complement the scale, character, and aesthetics of the surrounding built environment.

Residential sensitivity. While promoting commercial activity and redevelopment, the PWO is mindful of its residential context and seeks to minimize adverse impacts on nearby neighborhoods. Redevelopment projects within the district should incorporate design features and site layouts that mitigate noise, traffic congestion, and other potential nuisances, while also respecting the scale and character of adjacent residential properties.

Application of regulations.

The PWO may be added to property in the D Business District that abuts Port Washington Road.

Upon adoption of a PWO rezoning ordinance, the underlying zoning regulations continue to apply, except as may be modified in this section and the PWO rezoning ordinance. The Village Board may modify provisions of the underlying zoning ordinance within the PWO rezoning ordinances, as the Village Board deems appropriate, to accomplish the intent of the PWO overlay, for any particular project, case by case.

Permitted uses.

Any use permitted in the underlying zoning District shall be permitted in the PWO, except the Prohibited Uses described in Subsection B(4) below.

Attached single-family and multi-family dwellings with appropriate quality and character may be permitted in a PWO.

When the planned development consists in whole or in part of residential units, each residential unit shall be occupied by only one family.

Mixed-use development consisting of both commercial and residential with appropriate quality and character may be permitted in a PWO.

Prohibited uses.

Automobile sales and leasing, automobile storage services, automobile body/auto repair.

Gas/convenience stores.

Convenient cash businesses.

Gun shops.

Light/heavy industrial uses.

Outdoor storage of materials.

Pawnbrokers.

Retail sales of tobacco, electronic smoking devices and related products.

Any use found by the Village Board to be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors.

Procedure.

Petition. Petition may be made to the Village Board by the owner/agent of the property. The applicant shall pay a fee as described in Chapter 63 of this Code. Such petition shall be accompanied by the following information:

A detailed narrative statement describing the general character of the intended development, a general development plan, and other information pertinent to a determination as to the suitability and desirability for granting the proposed PWO project on the particular site. The applicant shall also provide the following:

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of project area, area of open space, density computation and proposed number of residential units (if applicable), proposed use, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways, and parking facilities, and intended design standards.

The size, arrangement, and location of lots and/or of proposed structures.

The location of sewer and water facilities, drainage facilities, stormwater retention or detention basins, and any and all plans to control or reduce flooding on the subject site, and from the subject site to any and all areas on or off the site, whether within or outside the corporate limits of the Village.

Architectural renderings illustrating the design and character of proposed structures, including schematic cross-sectional drawings related to neighboring structures.

General landscape treatment.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.

Garbage, recyclable materials, yard waste, or hazardous material collection, storage and pickup facility plans.

A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.

Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study and investigation. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans which it may feel necessary or appropriate.

Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board shall before taking action to approve such petition hold a public hearing on the proposal, following Class 2 notice as described in Wisconsin Statutes Chapter 985. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans. Notice of hearing shall also be mailed to the owners of all property located within 500 feet of the property that is the subject of the PWO petition at least 10 days prior to the hearing.

Setbacks, height, area, and parking.

Build-to line. No more than 50% of the front facade of any new principal structure may be set back more than 10 feet from the Port Washington Road property line.

Landmark buildings. A building which is located at a street intersection shall be considered a landmark building subject to this Subsection D(1)(a) and (b). Such buildings shall incorporate architectural features which emphasize the importance of such a location. Features may include a tower element, unique patterning of facade, bay or bow window element, building element with a height variation from the rest of the building, as well as other solutions.

Landmark orientation. Landmark buildings located at a street intersection shall orient construction to the corner most near the identified street intersection. The building setback from the street corner may not exceed five feet from the property line. The construction may deviate from the build-to line requirement if determined by the Plan Commission that requirement may be reduced.

Allowance for multiple principal structures. Where multiple principal structures are proposed on a single development parcel, only the primary structure is required to align with the build-to line. Additional structures may be set back from Port Washington Road, provided they are located on a parcel greater than one acre in size and meet the following standards:

Site design and orientation. Structures set back from the build-to line must be arranged to allow for site circulation, pedestrian pathways, and parking, and meet all other requirements of this chapter.

Use compatibility. All principal structures set back from the build-to line must present proposed uses during the approval process that are complementary to those of the primary structure oriented at Port Washington Road and are consistent with the goals of the PWO.

Minimum side and rear setbacks. New principal structures are allowed five-foot side and rear setbacks for those properties not abutting single-family residential-zoned property. When abutting single-family residential-zoned property, as described below, the minimum side and rear setback is 15 feet.

Height. Structures must be constructed with a minimum of two stories and may not exceed 60 feet in height. Structures which abut a single-family residential-zoned property, as defined below, may not exceed 35 feet in height within 100 feet of such abutting PWO lot line.

Parking. Parking spaces and driveways must be clearly defined, constructed, and maintained. Grass, landscaped areas, and bare earth areas are prohibited for any driveway or parking spaces. Parking spaces shall not be used for the storage or sale of merchandise, vehicle storage, vehicles for sale, or vehicle repair.

Automobile parking requirements may adhere to the minimum number and dimensions of the D Business District, unless the Plan Commission determines that these minimums may be reduced. Applicants for parking reductions must present data determining number of stalls and their dimensions, turning radii of vehicles, number of employees, housing units, building square footage, customers, or any further justification for the reduction in parking minimums.

Abutting defined. For purposes of Subsection D(2) and (3) above, a property abuts a single-family residential-zoned property when at least one of the following is true:

The lot line of the property physically touches a lot that is zoned A-1, A-2, A-3, B or C District, as shown in the official zoning map adopted pursuant to this chapter; or

The lot line of the property is directly across any street from a lot that is zoned A-1, A-2, A-3, B or C District as shown in the Official Zoning Map adopted pursuant to this chapter, measured perpendicular to the street from any point of such single-family residential lot.

Basis for approval. The Plan Commission, in making its recommendations, and the Village Board, in making its determination, shall give consideration and satisfy themselves to the following:

In the case of proposed residential developments:

That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the Village and where the economic impact of the development in terms of income levels, property values, and service demands is substantially as beneficial to the community as that which could be anticipated under the underlying zoning.

In case of proposed commercial developments:

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

That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets.

That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with the surrounding neighborhood.

Determination.

The Village Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.

The approval of a PWO project shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out as presented in the official submittal plan. Detailed construction and engineering need not necessarily be completed at the time the project is approved but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

The developer shall enter into an appropriate development agreement, in recordable form, with the Village to guarantee the implementation and continued maintenance of the development according to the terms of the conditions established as part of the development plan approval. Any change or modifications to such approvals or the development itself shall be accompanied by an amendment to the development agreement in recordable form, which amendment shall leave in full force and effect all prior development contract terms not specifically amended. Such contracts shall be binding upon the developer's successors and assigns and shall run with the land.

Any subsequent change or addition to an approved plan shall first be submitted for approval to the Plan Commission, and if in the Commission's opinion such change or addition is not substantial, it may recommend approval to the Village Board. If such change or addition is construed to be substantial, a public hearing shall be held prior to affirmative action by the Village Board on such recommendation.

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the Plan Commission and answer any such charge of noncompliance. If the Plan Commission finds the charges substantiated, they shall then submit to the Village Board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner which will achieve the maximum degree of the intended development objectives consistent with environmental compatibility with the neighborhood and with the general welfare of the community.

Fox Point Village City Zoning Code

§ 745-22.1

PWO Port Washington Overlay District.

[Added 1-14-2025 by Ord. No. 2025-01]

Intent. The Port Washington Overlay District (PWO) is established to promote vibrant commercial activity while preserving the unique residential character of the community. The intent of the PWO is to create a dynamic, mixed-use environment along the Port Washington Road corridor that enhances economic vitality, and permits greater flexibility in site orientation and use than the base district may allow.

Flexibility in use. The PWO encourages a diverse mix of commercial, retail, office, residential, and mixed-use developments that contribute to the vibrancy and vitality of the areas adjacent to Port Washington Road. Flexibility in land use regulations within the PWO is intended to accommodate a variety of building types and sizes, fostering innovation, entrepreneurship, and economic growth.

Promoting redevelopment. The PWO encourages the revitalization and redevelopment of underutilized or blighted properties along the Port Washington Road corridor. Redevelopment efforts may reuse existing structures where feasible, as well as the creation of new developments that complement the scale, character, and aesthetics of the surrounding built environment.

Residential sensitivity. While promoting commercial activity and redevelopment, the PWO is mindful of its residential context and seeks to minimize adverse impacts on nearby neighborhoods. Redevelopment projects within the district should incorporate design features and site layouts that mitigate noise, traffic congestion, and other potential nuisances, while also respecting the scale and character of adjacent residential properties.

Application of regulations.

The PWO may be added to property in the D Business District that abuts Port Washington Road.

Upon adoption of a PWO rezoning ordinance, the underlying zoning regulations continue to apply, except as may be modified in this section and the PWO rezoning ordinance. The Village Board may modify provisions of the underlying zoning ordinance within the PWO rezoning ordinances, as the Village Board deems appropriate, to accomplish the intent of the PWO overlay, for any particular project, case by case.

Permitted uses.

Any use permitted in the underlying zoning District shall be permitted in the PWO, except the Prohibited Uses described in Subsection B(4) below.

Attached single-family and multi-family dwellings with appropriate quality and character may be permitted in a PWO.

When the planned development consists in whole or in part of residential units, each residential unit shall be occupied by only one family.

Mixed-use development consisting of both commercial and residential with appropriate quality and character may be permitted in a PWO.

Prohibited uses.

Automobile sales and leasing, automobile storage services, automobile body/auto repair.

Gas/convenience stores.

Convenient cash businesses.

Gun shops.

Light/heavy industrial uses.

Outdoor storage of materials.

Pawnbrokers.

Retail sales of tobacco, electronic smoking devices and related products.

Any use found by the Village Board to be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors.

Procedure.

Petition. Petition may be made to the Village Board by the owner/agent of the property. The applicant shall pay a fee as described in Chapter 63 of this Code. Such petition shall be accompanied by the following information:

A detailed narrative statement describing the general character of the intended development, a general development plan, and other information pertinent to a determination as to the suitability and desirability for granting the proposed PWO project on the particular site. The applicant shall also provide the following:

An accurate map of the project area, including its relationship to surrounding properties.

Statistical data on total size of project area, area of open space, density computation and proposed number of residential units (if applicable), proposed use, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

The pattern of public and private roads, driveways, and parking facilities, and intended design standards.

The size, arrangement, and location of lots and/or of proposed structures.

The location of sewer and water facilities, drainage facilities, stormwater retention or detention basins, and any and all plans to control or reduce flooding on the subject site, and from the subject site to any and all areas on or off the site, whether within or outside the corporate limits of the Village.

Architectural renderings illustrating the design and character of proposed structures, including schematic cross-sectional drawings related to neighboring structures.

General landscape treatment.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.

Garbage, recyclable materials, yard waste, or hazardous material collection, storage and pickup facility plans.

A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.

Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study and investigation. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans which it may feel necessary or appropriate.

Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board shall before taking action to approve such petition hold a public hearing on the proposal, following Class 2 notice as described in Wisconsin Statutes Chapter 985. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans. Notice of hearing shall also be mailed to the owners of all property located within 500 feet of the property that is the subject of the PWO petition at least 10 days prior to the hearing.

Setbacks, height, area, and parking.

Build-to line. No more than 50% of the front facade of any new principal structure may be set back more than 10 feet from the Port Washington Road property line.

Landmark buildings. A building which is located at a street intersection shall be considered a landmark building subject to this Subsection D(1)(a) and (b). Such buildings shall incorporate architectural features which emphasize the importance of such a location. Features may include a tower element, unique patterning of facade, bay or bow window element, building element with a height variation from the rest of the building, as well as other solutions.

Landmark orientation. Landmark buildings located at a street intersection shall orient construction to the corner most near the identified street intersection. The building setback from the street corner may not exceed five feet from the property line. The construction may deviate from the build-to line requirement if determined by the Plan Commission that requirement may be reduced.

Allowance for multiple principal structures. Where multiple principal structures are proposed on a single development parcel, only the primary structure is required to align with the build-to line. Additional structures may be set back from Port Washington Road, provided they are located on a parcel greater than one acre in size and meet the following standards:

Site design and orientation. Structures set back from the build-to line must be arranged to allow for site circulation, pedestrian pathways, and parking, and meet all other requirements of this chapter.

Use compatibility. All principal structures set back from the build-to line must present proposed uses during the approval process that are complementary to those of the primary structure oriented at Port Washington Road and are consistent with the goals of the PWO.

Minimum side and rear setbacks. New principal structures are allowed five-foot side and rear setbacks for those properties not abutting single-family residential-zoned property. When abutting single-family residential-zoned property, as described below, the minimum side and rear setback is 15 feet.

Height. Structures must be constructed with a minimum of two stories and may not exceed 60 feet in height. Structures which abut a single-family residential-zoned property, as defined below, may not exceed 35 feet in height within 100 feet of such abutting PWO lot line.

Parking. Parking spaces and driveways must be clearly defined, constructed, and maintained. Grass, landscaped areas, and bare earth areas are prohibited for any driveway or parking spaces. Parking spaces shall not be used for the storage or sale of merchandise, vehicle storage, vehicles for sale, or vehicle repair.

Automobile parking requirements may adhere to the minimum number and dimensions of the D Business District, unless the Plan Commission determines that these minimums may be reduced. Applicants for parking reductions must present data determining number of stalls and their dimensions, turning radii of vehicles, number of employees, housing units, building square footage, customers, or any further justification for the reduction in parking minimums.

Abutting defined. For purposes of Subsection D(2) and (3) above, a property abuts a single-family residential-zoned property when at least one of the following is true:

The lot line of the property physically touches a lot that is zoned A-1, A-2, A-3, B or C District, as shown in the official zoning map adopted pursuant to this chapter; or

The lot line of the property is directly across any street from a lot that is zoned A-1, A-2, A-3, B or C District as shown in the Official Zoning Map adopted pursuant to this chapter, measured perpendicular to the street from any point of such single-family residential lot.

Basis for approval. The Plan Commission, in making its recommendations, and the Village Board, in making its determination, shall give consideration and satisfy themselves to the following:

In the case of proposed residential developments:

That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the Village and where the economic impact of the development in terms of income levels, property values, and service demands is substantially as beneficial to the community as that which could be anticipated under the underlying zoning.

In case of proposed commercial developments:

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

That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets.

That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with the surrounding neighborhood.

Determination.

The Village Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.

The approval of a PWO project shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out as presented in the official submittal plan. Detailed construction and engineering need not necessarily be completed at the time the project is approved but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.

The developer shall enter into an appropriate development agreement, in recordable form, with the Village to guarantee the implementation and continued maintenance of the development according to the terms of the conditions established as part of the development plan approval. Any change or modifications to such approvals or the development itself shall be accompanied by an amendment to the development agreement in recordable form, which amendment shall leave in full force and effect all prior development contract terms not specifically amended. Such contracts shall be binding upon the developer's successors and assigns and shall run with the land.

Any subsequent change or addition to an approved plan shall first be submitted for approval to the Plan Commission, and if in the Commission's opinion such change or addition is not substantial, it may recommend approval to the Village Board. If such change or addition is construed to be substantial, a public hearing shall be held prior to affirmative action by the Village Board on such recommendation.

Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the Plan Commission and answer any such charge of noncompliance. If the Plan Commission finds the charges substantiated, they shall then submit to the Village Board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner which will achieve the maximum degree of the intended development objectives consistent with environmental compatibility with the neighborhood and with the general welfare of the community.