The mixed-use districts are established to encourage a mix of compatible land uses in a variety of locations and scales in order to create more vital and walkable activity centers within neighborhoods and the downtown and consistent with the City's comprehensive plan. The mixed-use districts are as follows:

(1)

The Office-Residential (OR) District is a transitional mixed-use district intended for edges of downtown or segments of commercial corridors where there is some development pressure to convert residential uses to offices. Small office and service establishments are permitted as of right in compliance with specific design standards, while larger or more intense office, service, or limited retail would be allowed by conditional use permit.

(2)

The Neighborhood Center (NC) District is intended to apply to small neighborhood commercial nodes and to encourage development that is transit-oriented, which is supportive of and supported by public transit. Permitted uses include limited size retail, office, and service uses, attached and multifamily housing, and supportive civic uses, such as daycare.

(3)

The Downtown (D) District is designed specifically for the downtown core on both sides of the Fox River, permitting a full range of high-intensity uses: retail, multifamily housing, offices, entertainment, and civic uses. It is divided into two sub-districts (D1 and D2) with differing maximum heights and floor area ratios to recognize the distinctly different building types and character of development found in the central business district, the Broadway District, and the Olde Main Street District.

(Code 1984, § 13.701)

(a)

In general. Table 44-5, Principal Uses in the mixed-use districts, lists all permitted and conditional uses allowed in the mixed-use districts.

(b)

Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or modify a permitted use, excluding single-family residential uses, shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. Condominiums are permitted in all mixed-use districts per Wis. Stats. Ch. 703.

(c)

Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this chapter. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Article II of this chapter, Administration.

(d)

Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Article II of this chapter, Administration, governing determination of substantially similar uses.

(e)

Specific development standards. Permitted and conditional uses specified with an "x" under the development standards column shall be subject to the standards identified in Article XVI of this chapter, Land Use Development Standards.

Table 44-5. Principal Uses in the Mixed-Use Districts

Note: P = Permitted Use; C = Conditional Use.

* Any establishment at which primarily alcohol beverages are served must also meet the requirements of Chapter 10, Businesses.

** See definitions section for complete list of uses.

(Code 1984, § 13.702; Ord. No. 1-10; Ord. No. 6-12; Ord. No. 10-15; Ord. No. 10-18, § 5, 6-19-2018; Ord. No. 09-23, § 2, 5-16-2023)

Any permitted and conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this chapter, including any specific development standards.

(Code 1984, § 13.703)

(a)

In mixed-use buildings, residential uses shall not be permitted on the ground floor fronting the primary public street.

(b)

Warehousing areas accessory to retail sales shall be limited to 30 percent of gross floor area.

(c)

Drive-through uses, whether primary or accessory, are not allowed except by conditional use permit.

(Code 1984, § 13.704)

All business activities, except for off-street parking and loading, shall take place within completely enclosed buildings, except as provided in subsections (1) through (3) of this section.

(1)

Outdoor sales and display. Retail merchandise may be displayed on a temporary basis on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere with pedestrian or vehicle traffic or encroach upon landscaped areas. The following uses may include permanent outdoor sales and display, in compliance with the specific development standards for such uses:

a.

Automobile sales and rental.

b.

Garden supply store.

(2)

Outdoor dining areas. Outdoor dining areas may be allowed as a seasonal temporary use, in compliance with the specific development standards for such uses.

(3)

Outdoor speakers. Outdoor speakers shall not be audible from a residential use or residential district boundary.

(Code 1984, § 13.705)

Development of land within the mixed-use districts shall follow the following standards, as well as those specified in Article XVI of this chapter, Land Use Development Standards, and Article XIX of this chapter, Site Plan Review.

(1)

If a structure originally designed for commercial use is converted wholly or partially to residential use, the elements of traditional storefront design, where present, shall be retained. These include door and window openings, display windows, intermediate cornice lines, sign bands, awnings, arcades, and primary entrances facing the public street.

(2)

Building materials. All building facades shall be designed with architecturally-finished materials. Durable materials, such as masonry or stucco, shall be used on all street-facing facades. Metal pole barn structures are prohibited.

(3)

All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of comparable materials and designed in a manner consistent with the original design unless the entire building is being renovated.

(4)

Signs shall be placed so as not to obscure the architectural features of the principal building and shall be designed to be compatible in materials, size, and appearance with the principal building.

(Code 1984, § 13.706)

Lot area and setback requirements shall be as specified in Table 44-6.

Table 44-6. Dimensional and Area Requirements, Mixed-Use Districts

Notes to Table 44-6:

^a

Maximum ground floor area for retail or service uses may be exceeded as a conditional use.

^b

For residential structures, the minimum building width on any side shall be at least 22 feet, not including any entryways or other structures that do not run the full length of the building.

^c

Where at least 50 percent of the front footage of any block (from intersecting street to intersecting street) is built up with principal structures, the front yard setback for new structures shall be equal to the average of the existing structures, except that any structure which is set back 20 percent more or less than the average may be discounted from the formula.

^d

Side yards are required only for dwelling units on the ends of townhouse buildings. Minimum size is one-half of the total distance shown in the table.

^e

Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. If no structure exists on the adjacent property, the setback shall be a minimum of one-half the required front yard setback of the subject property's zoning district.

^f

At least 60 percent of the front facade must fall between the maximum setback and minimum setback lines.

^g

In the NC and D Districts, side and rear yards shall be required when a nonresidential use adjoins a side yard or rear yard of a residential property or as necessary to provide access for deliveries, loading, etc.

^h

Heights of structures may be increased with a conditional use permit as permitted in Section 44-83.

(Code 1984, § 13.707)

A Planned Unit Development or Traditional Neighborhood Development plan may be submitted for consideration within any mixed-use district, subject to the requirements and standards established in Article XX of this chapter, Planned Unit Development Standards, and Article XIV of this chapter, Traditional Neighborhood Development.

(Code 1984, § 13.708)

Parking and loading requirements for uses in the mixed-use districts shall be as set forth in Article XVIII of this chapter, Off-Street Parking, Drives and Loading, and in the requirements for the individual mixed-use districts.

(Code 1984, § 13.709)

Sign requirements for uses in the mixed-use districts shall be as specified in Chapter 30, Signs.

(Code 1984, § 13.710)

Accessory uses and structures in the mixed-use districts shall comply with the following standards and all other applicable regulations of this chapter:

(1)

No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.

(2)

The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served.

(3)

The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.

(4)

The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served.

(5)

The accessory use or structure shall be located on the same zoning lot as the principal use or structure.

(Code 1984, § 13.711)

The standards applicable to accessory buildings in the residential districts shall apply (Article VI of this chapter).

(Code 1984, § 13.712)

(a)

Attached structures. An accessory structure shall be considered attached and an integral part of the principal structure when it is connected by an enclosed passageway or common wall. Such structures shall be subject to the following requirements:

(1)

The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located.

(2)

In no case shall the total floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal building located on the same lot.

(3)

The structure shall not exceed the height of the principal building to which it is attached.

(b)

Detached structures. Detached accessory structures shall be permitted in mixed-use districts in accordance with the requirements shown in Table 44-7 and as follows:

(1)

Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the required front yard or within a side yard abutting a street, except that a surface parking lot or structure may be located within a side yard.

(2)

The structure shall meet the required rear and side yard setbacks for a principal structure, as established for the zoning district in which it is located.

(3)

The total floor area of a detached accessory building shall not exceed the ground floor area of the principal building located on the same lot.

(4)

The maximum size of a detached accessory building may be increased by up to 25 percent upon approval of a conditional use permit, provided that lot coverage requirements are satisfied.

(5)

Structures with a metal exterior finish exceeding 120 square feet shall be permitted only by conditional use permit.

(Code 1984, § 13.713)

Permitted accessory uses are as shown in Table 44-7.

Table 44-7. Permitted Accessory Uses in the Mixed-Use Districts

(Code 1984, § 13.714; Ord. No. 36-02; Ord. No. 1-11; Ord. No. 7-12; Ord. No. 9-12; Ord. No. 06-21, § 1, 3-30-2021)