Overlay zoning districts are a set of zoning requirements imposed in addition to those of the underlying standard zoning district. Development within the overlay zone must conform to the requirements of both zones, or the more restrictive of the two. These districts are used for the protection of natural resource features and the preservation and enhancement of significant community character features.

(Ord. No. 2017-1092, § 1, 4-11-2017)

For purposes of this chapter, certain specified areas within the city are hereby divided into the following overlay zoning categories and overlay zoning districts:

(1)

Natural resource protection overlay category.

(2)

Floodplain overlay district (FP).

(3)

Shoreland-wetland overlay district (SW).

(4)

Lakeshore overlay district (LS).

(5)

Drainageway overlay district (DW).

(6)

Municipal well recharge area overlay district (MWR).

(7)

Community character overlay category.

(8)

Downtown design overlay district (DD).

(9)

Community gateway overlay district (CG).

(10)

Entry corridor overlay district (EC).

(11)

Park overlay zoning district (POZ).

(Ord. No. 2017-1092, § 1, 4-11-2017)

The overlay zoning districts established by this article are shown on the official zoning maps of the city, which, together with all explanatory materials thereon, is hereby made a part of this chapter.

(Ord. No. 2017-1092, § 1, 4-11-2017)

(a)

The rules applicable to standard zoning district boundaries shall also apply to overlay zoning district boundaries, subject to the following additional rules: where an apparent discrepancy exists between the location of the outermost boundary of the floodfringe district or the floodplain district shown on the official zoning map and actual field conditions, the location shall be initially determined by the zoning administrator using the criteria described in subsections (b) and (c) of this section. Where the zoning administrator finds that there is a significant difference between the map and the actual field conditions, the map shall be amended using the procedures established in section 114-286. Disputes between the zoning administrator and the applicant over the location of the district boundary line shall be settled using the procedures outlined in section 114-295.

(b)

Where flood profiles exist, the location of the district boundary line shall be determined by the zoning administrator using both the scale appearing on the map and the elevations shown on the water surface profile of the regional flood. Where a discrepancy exists between the map, and actual field conditions, the regional flood elevations shall govern. A map amendment is required where there is a significant discrepancy between the map and actual field conditions. The zoning administrator shall have the authority to grant or deny a land use permit on the basis of a district boundary derived from the elevations shown on the water surface profile of the regional flood, whether or not a map amendment is required. The zoning administrator shall be responsible for initiating any map amendments required under this section within a reasonable period of time.

(c)

Where flood profiles do not exist, the location of the district boundary line shall be determined by the zoning administrator using the scale appearing on the map, visual on-site inspection and any available information provided by the department of natural resources. Where there is a significant difference between the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by both the common council and the department of natural resources, the zoning administrator shall have the authority to grant or deny a land use permit.

(Ord. No. 2017-1092, § 1, 4-11-2017)

(a)

Introduction. This section contains the standards governing the protection, disturbance, and mitigation of disruption of all natural resource areas. These provisions are intended to supplement those of the city, county, state, and the federal government pertaining to natural resource protection. Prior to using the provisions of these sections to determine the permitted disruption of such areas, the requirements provided below should be reviewed. These sections recognize the important and diverse benefits which natural resource features provide in terms of protecting the health, safety, and general welfare of the community. Each of these sections is oriented to each natural resource type, and is designed to accomplish several objectives:

(1)

A definition of the natural resource is provided.

(2)

The specific purposes of the protective regulations governing each natural resource type are provided.

(3)

The required method of identifying and determining the boundaries of the natural resource area is given.

(4)

A list of land uses which are permitted by right, permitted by conditional use, or prohibited are provided.

(5)

Mandatory protection requirements are identified.

(b)

Purpose. This section sets forth the requirements for the mandatory protection of natural resources resource protection area (RPA) within the jurisdiction of this chapter. The provisions of this section interact closely with the regulations applicable to each zoning district in article II of this chapter, with the regulations applicable to each land use of article IV of this chapter, and with the density and intensity standards of section 114-52.

(c)

Floodplain overlay zoning districts (FP). Floodplain overlay zoning, including zoning in floodway districts, floodfringe districts and floodplain districts, is governed by chapter 104.

(d)

Shoreland-wetland overlay zoning district (SW). Shoreland-wetland overlay zoning is governed by chapter 110.

(e)

Lakeshore overlay zoning district (LS).

(1)

Definition. The term "lakeshore" means those lands lying between the ordinary water line of navigable waters and either: the backside of the principal structure on the lot; or a point 75 feet from said water line, whichever is closer to said water line. The term "lakeshore" shall not include those lands adjacent to farm drainage ditches where: such lands are not adjacent to a navigable stream or river; those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and such lands are maintained in non-structural agricultural use. Decorative water features shall not be considered navigable waters for the purposes of this section. This meaning of the term "lakeshores" shall remain distinct from the meaning of the term as employed by the state statutes and the DNR.

(2)

Purpose of lakeshore protection requirements. Lakeshores serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currents, and runoff, such areas are highly susceptible to continuous, and in some cases, rapid erosion. Lakeshore protection also provides a natural vegetation buffer which serves to reduce water velocities and wave energy, and filters significant amounts of water-borne pollutants and sediments. Lakeshores also promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin. Lakeshores also protect and promote the natural beauty of the shore by controlling and limiting the development of structures within the lakeshore overlay district.

(3)

Determination of lakeshore boundaries. General LS boundaries are depicted on the official zoning map. Upon the proposal of development activity on any property which contains a LS depicted on the official zoning map, the petitioner shall prepare a detailed map which depicts the location of the LS and all existing and proposed structures and improvements in the LS.

(4)

List of land uses permitted by right.

a.

Husbandry (per section 114-122(c)).

b.

Passive outdoor recreational (per section 114-123(a)).

c.

Selective cutting (per section 114-122(g)), subject to the additional requirements of subsection(e)(6) of this section.

d.

Road, bridge and/or appurtenances thereto (per section 114-128(v)).

e.

Piers and wharfs (per section 114-128(u)).

f.

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

g.

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries.

h.

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

i.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 110-110(3).

j.

The construction and maintenance of duck blinds.

k.

The construction and maintenance of ice fishing houses during the ice fishing season.

(5)

List of land uses permitted as a conditional use.

a.

All residential land uses (per section 114-121).

b.

Outdoor commercial entertainment (golf facilities only) (per section 114-124(i)).

c.

Drainage structure (per section 114-128(o)).

d.

Filling (per section 114-128(p)).

e.

Utility lines and related facilities.

f.

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

1.

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

2.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 110-110(3);

3.

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

4.

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

5.

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

g.

The construction and maintenance of nonresidential buildings provided that:

1.

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

2.

The building cannot, as a practical matter, be located out side of the Lakeshore.

3.

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

4.

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

h.

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

1.

Any private development allowed under this subsection shall be used exclusively for the permitted purpose;

2.

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

3.

The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in subsection (f) of this section; and

4.

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

i.

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

1.

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

2.

Only limited filling or excavation necessary for such construction or maintenance is allowed; and

3.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 110-110(3).

(6)

Mandatory lakeshore protection requirements. LSs shall remain in an undisturbed state, except for the land uses authorized above and except for the activities permitted below.

a.

Tree removal. The intent and purpose of this subsection is to preserve the city's character as a natural wooded community, maintain property values by improving and preserving the aesthetic appeal of the city through tree regulations, preserve the natural resources of the city and state, reduce the amount of erosion in the city due to tree removal, protect the quality of the waters of the state and the city, and protect and promote the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by runoff to surface waters due to the erosion of land not protected by a naturally wooded environment.

b.

Scope. The provisions of this subsection shall apply to all zoning districts, except that these provisions may be modified in the SR-3 and SR-4 districts through the conditional use process.

c.

Clear cutting prohibition.

1.

Shoreland areas. In a strip of land 35 feet wide inland from the bulkhead line, no more than 30 feet in any 100 feet shall be clear-cut. Where the lot is less than 100 feet, no more than 30 percent of this strip shall be clear-cut. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

2.

Tree preservation area. Except for circumstances identified under subsection (e)(6)d.2 of this section, it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation area.

d.

Cutting exceptions.

1.

Trees may be removed from the building activities area. This area shall be as small as possible, including the entire area affected by building, grading and temporary material storage areas. In no case shall the amount of trees with a six-inch tree diameter removed within the building activities area exceed the following:

(i)

Eighty percent of the total of such trees on lots of one-fourth acre or less.

(ii)

Sixty percent of the total of such trees on lots of one-fourth acre to one acre, except in the ER-1 district.

(iii)

Forty percent of the total of such trees on lots of one acre to two and one-half acres, except in the ER-1 district.

(iv)

Twenty percent of the total of such trees on lots of two and one-half acres or more, except in the ER-1 district.

(v)

Ten percent of the total of such trees on all lots in the ER-1 district.

2.

Trees removed in excess of the above reasons will require a permit from the zoning administrator. Conditions under which a permit may be issued include, but will not be limited to, the following:

(i)

The tree is dead, dying or diseased.

(ii)

The tree is damaged or injured to the extent that it is likely to die or become diseased.

(iii)

The removal of the tree will enhance the tree preservation area and the health of the remaining trees.

(iv)

The removal of the tree will avoid or alleviate an economic hardship or hardship of another nature to the property or residences.

(v)

The removal of the tree is consistent with good arboriculture practices.

e.

Replacement trees. When in keeping with good arboriculture practices, replacement trees shall be planted for all removed trees. They may be planted in the tree preservation area or in the building activities area after the initial construction activities are completed. All replacement trees shall be planted within 30 days of final grading. The determination of good arboriculture shall be based on tree density and spacing as described in subsections (e)(6)e.1 through 3 of this section. The zoning administrator shall review proposals for, and the applicability of, species not contained in subsections (e)(6)e.1 through 3 of this section, and is authorized to approve appropriate similar species.

1.

Small trees. Trees which have an ultimate height of 20 feet to 30 feet and 15-foot to 25-foot spread. Small trees should be planted 15 feet to 20 feet on center or roughly at a density of 115 trees per acre.

(i)

Apricot.

(ii)

Crabapple, flowering (sp).

(iii)

Hawthorne (sp).

(iv)

Lilac, Japanese tree.

(v)

Peach, flowering.

(vi)

Plum, purpleleaf.

(vii)

Redbud.

(viii)

Golden train tree.

(ix)

Soapberry.

(x)

Pear, Bradford.

(xi)

Serviceberry.

2.

Medium trees. Trees which have an ultimate height of 30 feet to 50 feet and 30-foot to 40-foot spread. Medium trees should be planted 25 feet to 30 feet on center or roughly at a density of 30 trees per acre.

(i)

Ash, green.

(ii)

Hackberry.

(iii)

Honeylocust (thornless).

(iv)

Linden or basswood (sp).

(v)

Mulberry, red (fruitless, male).

(vi)

Oak, English.

(vii)

Oak, red pagoda tree, Japanese.

(viii)

Pecan.

(ix)

Birch.

(x)

Osageorange (thornless).

(xi)

Persimmon.

(xii)

Poplar.

(xiii)

Sassafras.

3.

Large trees. Trees which have an ultimate height greater than 50 feet and over 40-foot spread. Large trees should be planted 40 feet on center or roughly at a density of 25 trees per acre.

(i)

American elm.

(ii)

Walnut.

(iii)

Kentucky coffee tree.

(iv)

Silver maple.

(v)

Sugar maple.

(vi)

Oaks.

(vii)

Sycamore.

(viii)

Cottonwood.

f.

Penalties. Any person violating any provision of this subsection shall be subject to a penalty per tree illegally cut or removed, which shall be determined by the assessed value of the trees removed. The assessed value shall be determined by a qualified tree appraiser in accordance with the Manual for Plant Appraisers. In addition to this penalty, a replacement tree shall be planted to replace all trees cut illegally.

(f)

Drainageway overlay zoning district (DW).

(1)

Definition. Drainageways are non-navigable, above-ground watercourses, detention basins and/or their environs which are identified by the presence of one or more of the following:

a.

All areas within 75 feet of the ordinary high water mark of a perennial stream as shown on USGS 7.5-minute topographic maps for the city and its environs;

b.

All areas within 50 feet of the ordinary high water mark of an intermittent stream or open channel drainageway as shown on USGS 7.5-minute topographic maps for the city and its environs.

(2)

Purpose of drainageway protection requirements. Drainageways serve in the transporting of surface runoff to downstream areas. As such, drainageways serve to carry surface waters, supplement floodplain, wetland, and lakeshore water storage functions in heavy storm or melt events, filter water-borne pollutants and sediments, promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin. Drainageway protection requirements preserve each of these functions as well as greatly reducing the potential for soil erosion along drainageways by protecting vegetative groundcover in areas which are susceptible to variable runoff flows and moderate to rapid water movement.

(3)

Determination of drainageway boundaries. General drainageway boundaries are depicted on the official zoning map. Upon the proposal of development activity on any property which contains a drainageway depicted on the official zoning map, the petitioner shall prepare a detailed map which shall depict the location of all drainageway areas on the subject property and all existing and proposed structures and improvement therein.

(4)

List of land uses permitted by right.

a.

Lawn care (per section 114-128(q)).

b.

Passive outdoor recreational (per section 114-123(a)).

c.

Piers and wharfs (per section 114-128(u)).

(5)

List of land uses permitted as a conditional use.

a.

Outdoor commercial entertainment (golf facilities only) (per section 114-124(i)).

b.

Drainage structure (per section 114-128(o)).

c.

Filling (per section 114-128(p)).

d.

Road, bridge and/or appurtenances thereto (per section 114-128(v)).

e.

Utility lines and related facilities.

(6)

Mandatory drainageway protection requirements. Drainageways shall remain in an undisturbed state except for the land uses allowed above. Vegetation clearing to maintain drainageway functions is permitted with the written approval of the director of public works.

(g)

Municipal well recharge area overlay zoning district (MWR).

(1)

Definition. Municipal well recharge areas are designated areas surrounding the city's municipal supply wells. Because the city relies on these wells to provide the public with fresh, safe drinking water, it is extremely important for these wells to be protected from those land uses which pose a high threat of contamination.

(2)

Purpose. The city recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the municipal well recharge area overlay district (MWR) is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the city's municipal wells, either existing or planned. The restrictions imposed in this section are in addition to those of the underlying zoning district or any other provisions of the zoning ordinance.

(3)

Determination of well recharge area boundaries. The municipal well recharge area overlay district is divided into zone 1 and zone 2 as follows.

a.

Zone 1 of the MWR is the area of land within a 600-foot radius of each municipal well. This area corresponds closely with the area which contributes water to the well out to a one-year time of travel to the well. Time of travel delineations are based on accepted hydrogeological research as outlined in the city's wellhead protection plan.

b.

Zone 2 of the MWR is the area of land starting at the 600-foot radius of each municipal well and extending to end of the area designated as a "wellhead protection area" by the city's wellhead protection plan. The wellhead protection area corresponds with the five-year time of travel to the well. The wellhead protection area boundaries are normalized to road centerlines, municipal boundaries, surface water features, and the public land survey section lines, ½, ¼, ⅛, or 1/16 section lines.

Zones 1 and 2 of the MWR shall be included on the official zoning map. The MWR is recognized as the primary source of water for the municipal well aquifer and as the most likely to transmit groundwater contaminants to the municipal wells.

(4)

Permitted and conditional uses. With the exception of those uses listed as prohibited in subsection (g)(5), all uses identified as permitted uses within the underlying zoning district shall be permitted, and all uses identified as conditional uses shall be allowed as conditional uses provided they meet the setback distances in subsection (g)(7) of this section. Uses listed as prohibited in zone 1 of the MWR are considered conditional uses in zone 2. Conditional use permits are governed by section 114-288.

(5)

Prohibited uses. The following uses have a high potential to contaminate groundwater, or have already caused groundwater contamination, in the state and elsewhere. Therefore, the following principal or accessory uses are prohibited within the MWR district:

Zone 1 and 2 prohibited uses.

a.

Animal waste storage areas and facilities.

b.

Application of fertilizer to manicured lawns or grasses in excess of the nutrient requirements of the grass.

c.

Asphalt product manufacturing plants.

d.

Dry cleaning establishments.

e.

Fertilizer manufacturing plants.

f.

Foundries and forge plants.

g.

Landfills or other areas for dumping, disposal or transferring of garbage, refuse, recycling, trash, or demolition material, including auto salvage operations.

h.

Mining operations, including metallic, gravel pits, industrial or frac-sand mining.

i.

Petroleum or hazardous chemical storage greater than 110 gallons in any single wall petroleum storage tank (double wall storage tanks installations shall meet the requirements of ATCP § 93.260 and receive written approval from the department of safety and professional services or its designated local program operator under ATCP § 93.110).

j.

Repair or servicing of motor vehicles, including mechanical repair, body repair, painting.

k.

Road salt or de-icing materials storage areas.

Zone 1 prohibited uses.

a.

Agriculture including concentrated animal feeding operations or irrigated agriculture

b.

Building materials and products sales.

c.

Cartage and express facilities.

d.

Cemeteries.

e.

Drywells, french drains or other subsurface drains for stormwater.

f.

Electronic circuit assembly plant.

g.

Electroplating plants.

h.

Hazardous chemical manufacture, disposal or use by a residential, commercial or industrial establishments whose, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time (hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR part 370).

i.

Petroleum or hazardous chemical storage greater than 110 gallons in any single or double wall petroleum storage tank.

j.

Sewage, sludge or septic disposal, storage or land spreading.

(6)

Requirements for existing prohibited facilities. Where any of the uses listed in subsection (g)(4) of this section exist within the MWR district on the effective day of the ordinance from which this chapter is derived, the facilities shall, upon request by the city, provide copies of all state, federal and local facility operation approvals or certificates and ongoing environmental monitoring results. The facilities shall further provide additional environmental or safety structures/monitoring as deemed necessary by the city, which may include, but are not limited to, stormwater runoff management and monitoring. When the owners of said facilities determine, in the exercise of their own discretion, that existing equipment needs to be replaced, said equipment shall be replaced in a manner that improves the existing environmental and safety technologies already at the facility. The facilities shall be responsible for the preparation and filing with the city of a contingency plan satisfactory to the city for the immediate notification of the city in the event of an emergency.

(7)

Separation distances. The separation distances for particular land uses established by Wis. Admin. Code NR 811.12(5) are hereby established.

(8)

Enforcement.

a.

In the event of a release of any contamination which endangers, in the opinion of the city, an MWR district, the activity causing the release shall immediately cease and a cleanup satisfactory to the city shall occur.

b.

The person or entity causing a release of contamination shall be responsible for all costs of cleanup, and all costs and expenses incurred by the city in responding to the release, including, but not limited to, administrative costs, employee time associated with the cleanup, equipment expenses, engineering fees, attorneys' fees and legal costs.

c.

Any person, firm, or corporation who fails to comply with the provisions of this subsection shall remove and abate the prohibited use and shall forfeit the amount established by the city. Any person, firm, or corporation in default of payment of such forfeiture shall, in addition to all other penalties imposed by the court, have those costs added to their real property as a lien against the property.

(Ord. No. 2017-1092, § 1, 4-11-2017; Ord. No. 2019-2013, 2-12-2019)

(a)

Introduction. This section contains the standards governing the preservation, protection, and enhancement of significant community character features in the community. This section recognizes the important and diverse benefits to the general welfare of the community in preserving and enhancing these key community character features. Each of the following districts is oriented to a particular community character feature.

(b)

Purpose. The purpose of this section is to set forth the requirements for the mandatory protection and enhancement of significant community character features within the jurisdiction of this chapter. In part, the provisions of this section are designed to ensure the implementation of the city's comprehensive master plan and Wis. Stats. §§ 62.231 and 87.30.

(c)

Downtown design overlay zoning district (DD).

(1)

Description and purpose. This district is intended to implement the urban design recommendations of the comprehensive master plan and the city's downtown revitalization plan, by preserving and enhancing the historical and aesthetic quality of the downtown, and by attaining a consistent visually pleasing image for the downtown area. As emphasized by the plan, this district is designed to forward both aesthetic and economic objectives of the city by controlling the site and building design and appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure long-term progress and broad participation toward these principles.

(2)

Regulations. This district includes properties on: both sides of State Street (Beach Street to Pine Street), La Crosse Street (Division Street to Pine Street), Division Street (State Street to La Crosse Street), Oak Street (entire street), and Hickory Street (State Street to Prairie Street). The district includes historic structures that should be preserved and non-historic structures and uses that are candidates for redevelopment. Historic is a subjective designation not necessarily requiring official designation on a state or a federal registry. All buildings or site improvements activities normally requiring a permit must conform to the standards within the downtown design standards handbook, which includes the following elements:

a.

Site plan review 114-291.

b.

Building design (scale and articulation, facade-street level, facade-roofline, signage, projections, colors and materials).

c.

Waterfront facing rear yards.

d.

Restoration and preservation (cleaning and restoration, architectural details).

(3)

Standards vs. recommendations. Required standards are located in the box at the bottom of each page in the downtown design standards handbook. These standards will be enforced unless a waiver is granted. Each section of this manual also includes design recommendations. Property owners/leaseholders should consider these recommendations and the city may encourage conformance to the recommendations, but they will not be enforced as part of the city zoning ordinance.

(4)

Waivers. Applicants that do not believe they can or should follow a standard must negotiate with the plan commission for a waiver of that requirement. Waivers are granted by the plan commission on a case-by-case basis and are decided based on the applicants' ability to demonstrate one or more of the following conditions:

a.

The required design feature cannot be met on the site.

b.

The requirement would create undue hardship for the applicant as compared to other properties in the district.

c.

The intent of the standards can be successfully met with an alternative design.

(5)

Review process. Applicants should review the downtown design standards handbook at the beginning of the design process. The following items must be submitted for review:

a.

Design standards checklist.

b.

Illustrations, diagrams, samples, and spec. sheets.

City staff completes an initial review and the city administrator is authorized to approve those applications that both meet the standards and require no additional permit approval by the city. Applications determined by staff to not meet the standards, that require a site plan, and/or that require additional zoning or building permit approval will be forwarded to the plan commission for their review with any applicable staff notes. The applicant will be informed of the outcome of this initial review within five business days of submittal and may decide at that time to withdraw or revise the submittal or to proceed to the plan commission for review. Submission must be made 45 days before a plan commission meeting. Applicants that wish to appeal the decision of the plan commission may do so to the city council. Requests for appeal should be made to the city administrator.

(d)

Community gateway design overlay zoning district (CG).

(1)

Description and purpose. This district is intended to implement the urban design recommendations of the comprehensive master plan, by requiring that development located at and around the most important entrances to the community has a character which recognizes the city's adopted objectives of establishing an attractive and high-quality image. As emphasized by the plan, this district is designed to forward both aesthetic and economic development objectives of the city by controlling the site design and appearance of development within the district in a manner consistent with sound land use, urban design, and economic development principles. The application of these standards will ensure long-term progress and broad participation toward these principles.

(2)

Regulations. Reserved for future use.

(3)

Procedures. Reserved for future use.

(e)

Entry corridor design overlay zoning district (EC).

(1)

Description and purpose. This district is intended to implement the urban design recommendations of the comprehensive master plan, by preserving and enhancing the quality of the major entry corridors throughout the community. As emphasized by the plan, this district is designed to forward both aesthetic and historic preservation objectives of the city by controlling the site design and appearance of development within the district in a manner consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure long-term progress and broad participation toward these principles.

(2)

Regulations. Reserved for future use.

(3)

Procedures. Reserved for future use.

(f)

Park overlay zoning district (POZ).

(1)

Description and purpose. This district is intended to apply to lands owned by the public primarily for the purpose of providing public recreation opportunities or open space conservation. The district is intended to implement the recreation and open space objectives of the comprehensive master plan by permitting recreation or open space land uses.

(2)

List of land uses permitted by right.

a.

Passive outdoor public recreational (per section 114-123(a)).

b.

Lawn care (per section 114-128(20)).

(3)

List of land uses permitted as a conditional use.

a.

Active outdoor public recreational (per section 114-123(b)).

b.

Campgrounds (per section 114-124(n)).

c.

Indoor institutional (per section 114-123(c)).

d.

Outdoor institutional (per section 114-123(d)).

e.

Public service and utilities (per section 114-123(e)).

f.

Drainage structure (per section 114-128(o)).

g.

Filling (per section 114-128(p)).

h.

Road, bridge and/or appurtenances thereto (per section 114-128(v)).

i.

Utility lines and related facilities, provided all such lines are underground.

j.

Piers and wharfs (per section 114-128(u)).

(4)

Regulations. Park overlay districts shall remain in an undisturbed state except for the land uses allowed herein.

(5)

Procedures. Refer to section 114-291, for the procedures applicable to proposal review in this overlay district.

(Ord. No. 2017-1092, § 1, 4-11-2017)

Regulations. See chapter 4.

(Ord. No. 2017-1092, § 1, 4-11-2017)