(a)

Purpose. The R-1 district is intended to provide for large lot single-family residential development in rural areas that are not served by public water or sewerage facilities and that are not yet appropriate for development at higher densities. This district shall generally be located within the area designated on the land use plan map as "rural service area."

(b)

Design standards—generally. The following design standards shall apply to all residential developments on development sites of 25 acres or larger developed after the effective date of the ordinance from which this section is derived, including both estate lot design subdivisions and conservation subdivisions:

(1)

Residential dwelling lots shall be accessed from streets classified as land access by Resolution 607.

(2)

Developments shall include hard surface (asphalt, stone or other materials approved by the planning commission) bikeway/pedestrian path connections to adjoining sites unless, as determined by the planning commission, such connections are not feasible. Connections shall be required even if the adjoining sites do not yet have paths. The owners of a development shall be responsible for the operation, maintenance and replacement as required of the bikeway/pedestrian path connections, including any requirements for snow removal as set forth in this Code.

(3)

Public and private streets shall satisfy the following requirements:

a.

The development shall have two or more street connections at the boundaries of the development.

b.

Provided at least one street connection creates legal access to an existing street, any other connection may be made to one or more adjoining undeveloped parcels or, as approved by the planning commission, parcels likely to be redeveloped. For future street connections to undeveloped parcels, the street shall terminate in an eyebrow, in accordance with standard specifications of land development, within 150 feet of the property line of the undeveloped parcel. The area from the eyebrow to the property line shall be designated as right-of-way and shall be at least 60 feet wide. The developer shall install bollards on each side of the right-of-way. The bollards shall be placed at the property line and halfway to the eyebrow. The owners shall maintain the bollards in good condition and repair and replace them as necessary until such time as a street is constructed over the right-of-way. If an adjoining site has constructed one or more eyebrows as part of a prior development, the subject parcel shall be required to provide a street connection to each previously constructed eyebrow.

c.

In lieu of the eyebrow described in the preceding paragraph, the planning commission may, if it determines in its discretion that development of an adjoining parcel is likely to occur in the foreseeable future, require the right-of-way area to be constructed as a street with a hammerhead termination. The planning commission may eliminate the hammerhead requirement if it determines, in its discretion, that the adjoining parcel will be developed before conclusion of the subject development.

d.

Streets shall be designed, as determined by the planning commission, to ensure that adjoining parcels have adequate connection to maximize development.

e.

Public streets and required rights-of-way shall be dedicated to the city at or prior to final plat final approval.

(c)

Conservation subdivisions.

(1)

Purposes. The city encourages conservation subdivision design for development sites of 25 acres or larger, having determined that, if the majority of future residential developments in the R-1 district are conservation subdivisions, the city will:

a.

Implement adopted city policies seeking to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the city's land use plan and other similar plans.

b.

Conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, wetlands, floodplains, drainage courses, natural meadows, specimen trees and scenic features, by setting them aside from development.

c.

Provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce utility runs and the amount of paving required for residential development.

d.

Reduce erosion and sedimentation by retaining existing vegetation and the minimizing development on steep slopes.

e.

Protect areas of the city with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations.

f.

Create neighborhoods with direct visual access to open land, neighborhood open space and a strong neighborhood identity.

g.

Create environmental amenities through creative design.

h.

Conserve scenic views and elements of the city's rural character, and minimize perceived density, by minimizing views of new development from existing streets.

i.

Protect the physical and visual integrity of environmental corridors and natural isolated areas as defined by the Southeastern Wisconsin Regional planning commission.

(2)

Minimum development site size. Conservation subdivisions shall only be permitted on development sites of 25 acres or larger. Two or more adjoining parcels may be combined to create a development site of 25 acres or larger.

(3)

Minimum protected conservancy area. At least 60 percent of the land area in a conservation subdivision shall be protected conservancy area(s).

(4)

Density. One dwelling shall be allowed for every five acres (including protected conservancy areas) in a conservation subdivision. Additionally, as an incentive to develop as a conservation subdivision rather as an estate lot design subdivision, there shall be one bonus dwelling for every 40 acres in a conservation subdivision.

(5)

Design standards. In addition to the standards set forth in (m), the following design standards shall apply to all conservation subdivisions developed after the effective date of the ordinance from which this section is derived:

a.

A minimum 300-foot open space buffer shall be maintained between preexisting public streets and any residential dwelling lot unless, and only to the extent that, the planning commission determines that a lesser buffer is required to allow construction of the allowed homes while maintaining critical environmental features.

b.

For lots in conservation subdivisions on which a residential dwelling may be located, the minimum average lot width and lot length shall be flexible and subject to planning commission approval of the conservation subdivision plan.

c.

For structures on lots in conservation subdivisions on which a residential dwelling may be located, the minimum building setback shall be flexible and subject to planning commission approval of the conservation subdivision plan; however, the location of residential lots shall be subject to the design standards for conservation subdivisions set forth below.

d.

In addition to bikeway/pedestrian paths, nature trails shall be included to provide subdivision resident access from internal streets to the protected conservancy area(s). The owners of a development shall be responsible for the operation, maintenance and replacement as required of the nature trails.

(d)

Protected conservancy areas and other common areas and facilities.

(1)

Ownership.

a.

Homeowner association or condominium association. Protected conservancy areas and other common areas and facilities shall be held in common ownership by a homeowner association or shall be controlled through a condominium declaration and held as common elements. In either instance, the following regulations shall apply:

1.

Prior to approval of the final plat, the applicant shall provide the city a description of the organization of the proposed homeowner or condominium association, together with copies of its governing documents, including all documents governing ownership, maintenance and use restrictions for common facilities or common elements. All such documents shall be consistent with the provisions of this ordinance.

2.

The homeowner or condominium association shall be operating (with financial subsidization by the owner or applicant, if necessary) before the earlier of the sale of any dwelling or approval of the final plat

3.

Membership in the homeowner or condominium association shall be mandatory for all purchasers of property in the development and their successors in title.

4.

The homeowner or condominium association shall be responsible for maintaining in good condition and repair, repairing, replacing as necessary and maintaining insurance in connection with common facilities (including without limitation bikeway/pedestrian trails and nature paths), common elements and the protected conservancy area. Such responsibility shall be memorialized in recordable agreements acceptable to the city.

5.

The homeowner or condominium association shall have the power and authority to assess members for their proportionate share of costs associated with maintenance of such common facilities and areas. If the homeowner or condominium association fails to perform the work, the city may do so and special assess all homeowners or condominium unit owners for such costs.

6.

The governing documents for the homeowner or condominium association shall confer legal authority on the homeowner or condominium association to place a lien on the property of any member who falls delinquent in dues or assessments. Such dues and assessments shall be paid with the accrued interest before the lien may be lifted.

7.

Written notice of any proposed transfer of common facilities by the homeowner or condominium association or the assumption of maintenance for common facilities must be given to all members of the homeowner or condominium association and to the city no less than 30 days prior to such event.

8.

The homeowner or condominium association shall administer, maintain, replace as necessary and operate such common facilities.

9.

If at any time the homeowner or condominium association does not exist for any reason, each owner of record of property rights in the development shall be liable for the owners' obligations set forth in this ordinance to the same extent such owner would have been liable for the costs of such obligations if such association had been properly formed and currently existing.

b.

Private conservation organization. Alternatively, with consent of the city, an owner may transfer either fee simple title of the protected conservancy areas or easements on the protected conservancy areas to a private nonprofit conservation organization provided that:

1.

The conservation organization is acceptable to the city and is a bona fide conservation organization intended to exist indefinitely in accordance with the Internal Revenue Service Code requirements.

2.

The conveyance contains appropriate provisions for reverter or retransfer if the organization becomes unwilling or unable to continue carrying out its functions.

3.

The protected conservancy area is permanently restricted from future development through a conservation easement and the city is given the ability to enforce these restrictions; and

4.

A maintenance agreement acceptable to the city is established between the owner and the organization.

c.

Dedication of easements to the city. The city may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowner association or private conservation organization while the city holds the easements. In addition, the following requirements shall apply:

1.

There shall be no cost of acquisition to the city.

2.

A satisfactory maintenance agreement shall be reached between the owner and the city designating the owner as responsible for operation and maintenance.

(2)

Uses. The following uses and no others are allowed in a protected conservancy area unless otherwise prohibited pursuant to applicable law. A use described below is only allowed if it is specified in the easement described below. Each of the following uses is limited as provided by other applicable laws and shall be subject to all applicable approvals and permits required for them under this Code.

a.

Each of the following uses is permitted in protected conservancy areas:

1.

Conservation of open land (e.g., woodland, wetland or managed meadow).

2.

Silviculture in accordance with approved standards for selective harvesting and sustained yield forestry and subject to the city's specimen tree ordinance.

b.

Each of following uses is permitted in protected conservancy areas provided the planning commission, as part of the concept plan approval or upon separate application, determines that the use, in the location proposed, does not interfere with or propose a threat to sensitive natural features and provided such use complies with all other applicable laws:

1.

Agricultural and animal-related uses that are permitted uses in the R-1 district.

2.

Pastureland for horses for non-commercial recreational use.

3.

Passive recreational amenities and designated areas for active recreational amenities. Amenities include, but are not limited to, features such as gardens, trail systems leading to destinations, sport courts, gathering and seating areas and children's play equipment.

4.

Sewage disposal systems, wells and storm water detention/retention systems that service individual lots or for all or part of the subdivision.

5.

Easements and facilities for drainage, access and public sewer and water.

6.

Easements for gas, electric, telecommunications and other city-approved private purpose.

c.

The following are conditional uses in protected conservancy areas:

1.

Agricultural and animal-related uses that are conditional uses in the OA or R-1 district.

2.

Golf courses.

3.

Equestrian facilities for subdivision recreational use.

The planning commission may deny or impose conditions on approval of any such conditional use if the planning commission determines that such use is inconsistent with the protection of the specific natural features of the protected conservancy area or if and to the extent the planning commission would otherwise be allowed to deny or impose conditions upon such use under this Code or other applicable law.

(3)

Design standards. The following design standards shall apply to all protected conservancy areas:

a.

There shall be no minimum lot size, minimum average lot width or minimum lot length for a protected conservancy area.

b.

Any structure in a protected conservancy area shall be at least 100 feet from any local street or arterial.

c.

Whenever possible, protected conservancy areas shall connect with existing or likely protected conservancy areas on adjoining parcels.

d.

Protected conservancy areas shall be delineated outside individual dwelling lots.

e.

Each protected conservancy area shall be accessible by subdivision residents from internal streets either directly or from paths that connect to such streets.

f.

Protected conservancy areas shall be designed with appropriate advice and counsel from professional naturalists, landscape architects, biologists, horticulturists, or other qualified professional acceptable to the city.

g.

Berms shall be permitted in a protected conservancy area, subject to the city's berm and other applicable regulations, unless and to the extent that the planning commission determines that a proposed berm would be inconsistent with the protection of the specific natural features of the protected conservancy area.

(4)

Protected conservancy area easement. Each protected conservancy area shall be subject to an easement in form and content approved by the planning commission. The easement shall, among other things:

a.

Define ownership.

b.

Obligate the owner for the cost and responsibility of maintaining, replacing as necessary and maintaining insurance in connection with all common facilities (including without limitation bikeway/pedestrian trails and nature paths regardless of whether located in the protected conservancy areas), common elements and the protected conservancy area.

c.

Define the range of permitted activities and uses and prohibit activities and uses not approved by the planning commission.

d.

Incorporate the stewardship plan described below.

e.

Define the means for funding the owner's maintenance and insurance obligations, including both long-term capital improvements and annual operating and maintenance costs.

f.

Permit the city to enter the premises and correct any violation of the terms of the easement and provide that the costs of such corrective action, plus administrative costs and penalties, may be charged to the responsible owner and/or individual property owners who make up a condominium or homeowner association and may include administrative costs and penalties. All such costs shall become a lien against all properties in the development.

The approved and executed easement shall perpetually run with the land and be recorded in the office of the Ozaukee County Register of Deeds.

(5)

Stewardship plan. Protected conservancy areas and rights-of-way adjoining the protected conservancy areas shall be subject to a stewardship plan professionally prepared and in form and content acceptable to the planning commission. The stewardship plan shall:

a.

Establish objectives and timelines for each open space area and critical environmental area, including:

1.

Restoration efforts.

2.

Correction of increasing destructive conditions such as erosion.

3.

Measures for restoring historic features.

4.

The proposed end state for the area.

5.

The measures proposed for achieving the end state.

b.

Commit the owner to control regulated weeds within the protected conservancy areas and adjoining rights-of-way within a reasonable time established in the stewardship plan, and effectively maintain that control, using either integrated management methods or a single management method only if such method is the most practical and economical method for achieving and maintaining control. As used in this paragraph, the following terms have the following meanings:

1.

Control means to destroy the above-ground portion of a regulated weed in a manner and at the proper time to prevent the development and distribution of the regulated weed, and to prevent the spread of such regulated weed from one area to another.

2.

Integrated management means the use of a combination of several weed control tools to suppress regulated weeds, stimulate the competitive vigor of desirable plants or landscaping and prevent additional regulated weeds or the growth or expansion of regulated weeds, including without limitation the replacement of regulated weeds with recommended plants.

3.

Regulated weeds means:

i.

All noxious weeds (as defined in Wis. Stat. § 66.96, as amended from time to time);

ii.

Nuisance weeds (as defined in Wis. Stat. § 66.995, as amended time to time);

iii.

The following health-related weeds: common burdock (arctium minus), common ragweed (ambrosia artemisiifolia), giant ragweed (ambrosia trifida), poison ivy (rhus radicans) and wild parsnip (pastinaca sativa);

iv.

The following woody plants: autumn-olive (elaeagnus umbellata); buckthorn bushes (common buckthorn/rhamnus cathartica; glossy buckthorn/rhamnus frangula); honeysuckle bushes (morrow's honeysuckle/lonicera morrowii; tartarian honeysuckle/lonicera tatarica; bella honeysuckle/lonicera x bella); and oriental or Chinese bittersweet (celastrus orbiculatus); and

v.

The following herbaceous plants: velvet leaf or indian mallow (abutilon theophrasti); garlic mustard (alliaria petiolata); spotted knapweed (centaurea maculosa); yellow nutsedge (cyperus esculentus); common and cut-leaved teasel (dipsacus laciniatus and dipsacus sylvestris); black nightshade (solanum nigrum); and cocklebur (xanthium strumarium).

c.

Establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing field, meadows, pastures, croplands, woodlands, etc.) including:

1.

Mowing schedules.

2.

Weed control.

3.

Planting schedules.

4.

Clearing and clean-up.

d.

Be incorporated in the easement described above.

e.

Be a perpetual obligation of the owner of the protected conservancy area.

(e)

Process.

(1)

Concept plan. For all developments, the planning commission shall take action on a concept development layout plan prior to the applicant filing for approval of a preliminary plat. The concept development layout plan shall identify the following:

a.

Primary conservation features, including, but not limited to, wetlands, floodplains, drainage courses, steep slopes and specimen trees.

b.

Secondary conservation features, including, but not limited to, woodlands, natural meadows, scenic features, passive and active recreational amenities and view sheds.

c.

Location of house sites.

d.

Street alignments and trails.

(2)

Council review.

a.

The common council shall review an approved concept development layout plan for a conservation subdivision, as described in section 58-234(e)(1), upon a written request from two aldermen or one alderman and the mayor, at which time the concept development layout plan shall be referred to the common council and shall not be effective unless confirmed by the common council.

b.

Any request for confirmation under subsection a. must be filed with the clerk not later than 12:00 noon on the third Friday following the planning commission's approval of the concept development layout plan or any material change to the concept development layout plan. The common council shall take action on the request for confirmation no later than the second common council meeting following the approval of the planning commission.

c.

In considering a request for confirmation, the common council may and should attempt to modify the development layout plan to mitigate legitimate concerns presented by the members of the common council requesting confirmation rather than denying.

(3)

Easement and stewardship plan. For any application containing protected conservancy areas, including all conservation subdivisions, the easement and stewardship plan are required to be submitted with the preliminary plat and are subject to planning commission approval at the time of the preliminary plat.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021; Ord. No. 2025-1678, § V, 4-8-2025)

The R-1B district is intended to provide for large lot single-family residential development primarily within the area designated on the land use plan map as "rural service area." The district regulations are designed to accommodate homes which will generally be served with private on-site waste facilities.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-2 district is intended to provide for large lot single-family residential development of a semi-rural nature in areas where public water or sewerage facilities are not reasonably available. This district shall generally serve as a transition between the urban and rural service area illustrated on the land use plan map. Additionally, this district is appropriate for development adjacent to rivers, streams, Lake Michigan, and other sensitive environmental areas.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-2B district is intended to provide for large lot single-family residential development primarily within the area designated on the land use plan map as "urban service area." The district regulations are designed to reasonably accommodate large homes which may potentially be served by public sewerage facilities.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-3 district is intended to provide for large lot single-family residential development primarily within the area designated on the land use plan map as "urban service area." The district regulations are designed to reasonably accommodate large homes which may potentially be served by public sewerage facilities.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-4 district is intended to provide for medium sized lot single-family residential development within the area designated on the land use plan map as "urban service area." The district regulations are designed to accommodate moderately large homes in a manner which efficiently utilizes potential public water and sewerage facilities.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-5 district is intended to provide for relatively small lot single-family residential development within the area designated on the land use plan map as "urban service area." The district regulations are designed to accommodate specialized housing needs characteristic of reduced lot and home size.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The R-6 district is intended to provide for high quality medium density residential development for two-family dwellings and multiple-family dwellings with no more than four units per structure within the areas designated on the land use plan map as "single-family attached." All uses are subject to planning commission approval of the building, site and operational plans.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

The RM district is intended to provide for high quality, low density multiple-family development within the areas designated on the land use plan map as "multi-family." All uses are subject to planning commission approval of the building, site and operational plans.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

(a)

Purpose. The Ulao Creek Residential Cluster (UCRC) district is established to increase the supply of single-family, market-rate dwellings located within an area not served by public sewer and provide an environment of cluster developments with a density of three-fourths acre per dwelling unit in an effort to preserve critical environmental features and enhance neighborhood amenities for the public benefit.

(b)

Definitions.

(1)

Residential cluster development. A residential cluster development is a unified single-family residential development in which not less than five single-family lots are grouped together in order to preserve common space and reduce infrastructure for the benefit of the residents of the development and surrounding neighborhood. Cluster developments allow flexibility in the location of lots and structures and the size of individual lots in order to encourage the efficient use of land and infrastructure.

(2)

Yield Lots. Yield lots are the total number of lots based on gross area in which the property is located as existing on date of application and permitted based on the minimum lot size and width. The number of yield lots are the equivalent number of lots allowed as a residential cluster development. The department of community development shall validate the approved number of yield lots prior to filing for approval of a preliminary plat. Yield lot standards for the Ulao Creek Neighborhood: Port Washington Road shall be a minimum of three-fourths acre lot size and 130-foot width. Yield lot standards for Ulao Creek Neighborhood: Oriole Lane shall be a minimum of two and a half (2.5) acre lot size and 150-foot width.

(c)

Permitted uses.

(1)

Single-family detached dwellings existing prior to December 1, 2021.

(2)

Residential cluster developments.

(3)

Animals and animal-related uses specified in division 11.

(4)

Community living arrangements for eight or fewer persons in accordance with Wis. Stats. § 62.23(7)(i).

(5)

Long-term rental of a structure described in subsection (d)(1-2).

(d)

Permitted accessory uses. Permitted accessory uses as allowed in the R-4 zoning district subject to the following:

(1)

No accessory structure shall project further into the front or corner side yard than the principle structure.

(2)

Fencing is prohibited in the front and corner side yard.

(3)

One hundred percent opaque fencing is prohibited.

(4)

Chain link fencing is prohibited.

(e)

Conditional uses.

(1)

Single-family residential developments created through a conventional subdivision design or a minor land division.

(2)

Public and/or private utility, transmission and distribution lines, poles and other accessories.

(3)

Community living arrangements for nine or more persons in accordance with Wis. Stats. § 62.23(7)(i).

(4)

Additional attached non-income producing living accommodations with separate bath and kitchen facilities for relatives of the individual(s) residing in the primary dwelling.

(5)

Guesthouse subject to, among other things, living quarters being within a detached accessory building which is located on the same lot with the principal residential structure. Furthermore, the guesthouse is intended for use by temporary guests of the residents and shall have no kitchen facilities, and not be rented or otherwise used as a separate dwelling.

(f)

Yard Requirements. The yard requirements shall be as follows in Table 58-243-1:

Table 58-243-1 Lot Dimension and Yard Requirements

*Minimum lot area for residential cluster developments served by public sewer. A minimum lot area of 15,000 square feet is permitted; however no more than 50 percent of the total lots shall be of a lot area of less than .50 acres.

(g)

Dwelling standards. Single-family dwellings within the UC Neighborhood district shall have a minimum living area of 1,800 square feet for a single-story and 2,100 for a multi-story.

(h)

Building height. The height of any dwelling unit shall not exceed 42 feet. The height of any accessory structure shall not exceed 15 feet.

(i)

Specific design standards for residential cluster developments. Any development designed as a cluster development shall be subject to the following standards.

(1)

Density. All density shall be provided on the subject development site but may be in different phases of the development.

(2)

Concept development plan. The concept development plan is required and subject to planning commission approval prior to or at the time of submitting the preliminary plat. The development plan shall specify the following features for protection and installation. A final approved concept plan in accordance with planning commission action shall be maintained on file with the city. The preliminary and final plat shall be consistent with the final approved concept plan as determined by the city.

a.

Primary conservation features, including, but not limited to, wetlands, floodplains, drainage courses, steep slopes, specimen trees shall be identified and protected.

b.

Secondary conservation features, including, but not limited to, woodlands, natural meadows, scenic features, passive and active recreational amenities or viewsheds shall be identified and protected.

c.

Location of lots and buildable area of each lot shall be shown.

d.

Street alignments and cross connections are required as follows:

1.

The development shall have two or more street connections at the boundaries of the development.

2.

Provided at least one street connection creates legal access to an existing street, any other connection may be made to one or more adjacent undeveloped parcels or as approved by the planning commission, parcels likely to be redeveloped. For future street connections to undeveloped parcels, the street shall terminate in an eyebrow, in accordance with standard specifications of land development, within 150 feet of the property line of the undeveloped parcel. The area from the eyebrow to the property line shall be designated as right-of-way at least 60 feet in width. If an adjacent site has constructed one or more eyebrows as part of a prior development the subject parcel shall be required to provide a street connection to each previously constructed eyebrow.

3.

Streets shall be designed, as determined by the planning commission, to ensure that adjacent parcels have adequate connection to maximize development.

4.

Streets shall be dedicated to the city at or prior to final plat final approval. Approved future connections in accordance with sections b. shall be dedicated as right-of-way.

e.

A roadside sidewalk internal to the site shall be installed at the time of roadway construction, prior to final plat and shall be maintained by the homeowner or homeowner's association.

f.

Hard surface (asphalt, stone or other materials) bikeway/pedestrian paths connecting internal site and external neighborhood amenities, including connections to adjacent sites are required. Connections shall be required even if the adjacent sites do not yet have paths.

g.

Driveway locations shall be identified. Driveways shall be accessed from roadways that are classified as local streets, land access, as described in Resolution 607.

h.

Distinction of lots with front entry or side entry garage option(s) shall be identified. No less than 50 percent of residential buildings shall present a side loading garage, a courtyard garage entry or a 15-degree turned garage entry. Of the remaining 50 percent that is allowed to present a front loading garage, the following shall apply: 1) no more than two garage stalls shall present on the same linear plane, 2) all front loading garages shall contain architectural details consistent with the front elevation, 3) none of the front loading garages shall have a consistent setback to that of the habitable portion of the building and 4) no more than 30 percent of the front loading garages shall project further into the front yard than the habitable portion of the building. There shall be no more than three front-loading garage residential buildings in a row.

i.

Open space and features adjacent to the site's entire extent of perimeter public right-of-way shall be identified. The development plan shall address the following open space requirements:

1.

Maintain not less than 30 percent of total site area as common open space and create large and contiguous areas that represent an integrated system with no one dedicated common space being less than 5,000 square feet.

2.

Distribute common, open space throughout the development to serve as connection from the streets and groupings of lots to the large and contiguous open space. Small or fragmented open space shall be minimized.

3.

Protect site features.

4.

Connect open space to environmental features on adjacent sites. Long, thin strips shall be prohibited unless a conservation feature is linear and necessary to provide a green belt between lots or to provide connection with other natural features, amenities and adjacent developments.

5.

Maintain a perimeter, low-maintenance open space buffer with a minimum width of 30 feet.

6.

Open space adjacent to the entire extent of any public right-of-way shall be a minimum of 20 feet in width and include light fixtures and street trees, which are subject to the approval of the city tree board and planning commission. City approved and designated UC entryway light fixture(s) are required within this defined entryway and open space. An asphalt multi-use path of eight feet in width is required if the open space is located on the west side of North Port Washington Road.

7.

Entryway open space amenities include signage, landscaping, light fixture(s), utilities and utility accessories. These entryway features shall enhance the open space adjacent to the public right-of-way and serve as a transition from public to private lands. City approved and designated UC entryway light fixture(s) are required within the defined entryway.

8.

Include common passive recreational amenities and designated areas for common active recreational amenities. Common amenities include, but are not limited to, features such as gardens, trail systems leading to destinations, sport courts, firepits, gathering and seating areas, children's play equipment.

9.

Comply with applicable standards set forth in the city approved Ulao Creek Neighborhood Park and Open Space Plan.

(3)

Building placement and composition shall comply with the city approved Ulao Creek Neighborhood design standards.

(j)

Park and open space plan and impact fee. A park and open space impact fee is required for the development in accordance with section 58-138—58-152. All development shall comply with the city approved Ulao Creek Neighborhood park and open space.

(k)

Development agreement. A development agreement is required for development in which public or private infrastructure and open space is planned and shall comply with the City Standard Specifications for Land Development, latest edition. The development agreement is subject to the approval of the city planning commission and common council.

(l)

Exceptions to the district requirements. All district requirements shall be met unless a concept plan review application is submitted to the planning commission that includes each of the following:

(1)

Project concept plan meeting all district requirements.

(2)

Project concept plan graphically detailing any requested exceptions to district requirements.

(3)

Project narrative addressing reason for exception(s), the impact and effect of exception(s) and the additional amenities proposed to mitigate the impact and effect of such exception(s).

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the spirit and intent of this district always remains on the applicant.

The planning commission may approve exceptions to the district requirements upon finding that the use or development includes building or site amenities that address any adverse effects of the exception(s) and where the planning commission finds that strict compliance to the requirements is impractical because of site conditions or location.

Further, planning commission approval of an exception shall require common council confirmation upon written request from two aldermen or one alderman and the mayor. Such request shall be made within 14 days of the corresponding planning commission approval of the exception.

(Ord. No. 2021-1601, § I(4, Exh. D), 11-9-2021)

(a)

Purpose. The Ulao Creek Senior Housing (UCSH) district is established to provide a limited rural designed, senior housing component to the neighborhood, where such uses like the hospital, university and nearby commercial uses create compatible living environments for residents 55 years of age and older and are not otherwise allowed in zoning districts on the east side of the city.

(b)

General requirements.

(1)

Buildings shall be designed in individual or small groupings and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(3)

Building and site plan review required. The planning commission shall review and act on development within the UCSH district. All applicants are required to meet with city staff for a pre-application meeting. All development is subject to the following minimum building and site standards:

a.

Primary and secondary conservation features, including, but not limited to, wetlands, floodplains, drainage courses, steep slopes, specimen trees, woodlands, meadows, scenic features and viewsheds shall be integrated into an open space and landscaping plan.

b.

Access to the development shall be minimized and shall be from N. Port Washington Road.

c.

Street alignments and cross street connections are required. Roads shall be designed to ensure that adjacent parcels have adequate connection to maximize development. Connections shall be required even if the adjacent sites do not yet have streets. The approved alignment and cross connection(s) are to be constructed in its entirety or in a phasing plan approved by the planning commission.

d.

A walkway internal to the site, connecting internal site and external neighborhood amenities shall be installed at the time of street construction and prior to occupancy.

e.

Open space and features adjacent to the site's entire extent of perimeter public right-of-way shall be identified. Open space adjacent to the entire extent of any public right-of-way shall be a minimum of 20 feet in width and include light fixtures and street trees, which are subject to the approval of the city tree board and planning commission. City approved and designated UC entryway light fixture(s) are required within this defined entryway and open space. An asphalt multi-use path of eight feet in width on the west side of North Port Washington Road.

f.

Entryway amenities at the access to the development include signage, landscaping, light fixture(s), utilities and utility accessories. These entryway features shall enhance the open space adjacent to the public right-of-way and serve as a transition from public to private lands. City approved and designated UC entryway light fixture(s) are required within this defined entryway.

g.

Building placement and composition shall comply with the city approved Ulao Creek Design Standards.

(4)

Redevelopment of an existing building, where 50 percent or more of the existing building area is removed, shall be subject to the regulations in subsection (c) unless the city modifies the regulations in accordance with a conditional use process.

(c)

Permitted, accessory and conditional uses. Table 58-244-1, Uses in the Ulao Creek Senior Housing district, lists all the permitted and conditional uses.

Table 58-244-1 Uses in the Ulao Creek Senior Housing District

(d)

Lot size. The minimum lot size shall have an area of not less than two acres.

(e)

Building size/floor area ratio. The building(s) floor area ratio shall not exceed 30 percent.

(f)

Building height. The height of any structure shall not exceed 42 feet unless otherwise allowed in accordance with section 58-418.

(g)

Minimum and maximum building setback. All structures within the UCSH shall be set back from the ultimate road right-of-way a minimum building front yard setback of 50 feet and a maximum of 75 feet.

(h)

Minimum building offset. No building or structure, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. If, however, adjacent properties are zone or used as a residential land use, no institutional, public or commercial building or structure shall be placed closer than 50 feet to the adjoining residential land use or zoning. The offset area adjacent to residential land uses or zoning shall include landscaping that screens operations associated with commercial use activities including, but not limited to, vehicular headlights, service door and operations and parking.

(i)

Open space ratio.

(1)

The open space ratio shall not be less than 30 percent and include the following open space features:

a.

Create large and contiguous areas that represent an integrated system that connects to features on adjacent sites and public amenities within the surrounding neighborhood.

b.

Distribute common, open space throughout the development to serve as connection from the streets and structures to areas of contiguous open space. Small or fragmented open space shall be minimized.

c.

Protection of site features.

d.

Connect to environmental features on adjacent sites. Long, thin strips shall be prohibited unless a conservation feature is linear and necessary to provide a green belt between lots or to provide connection with other natural features, amenities and adjacent developments.

e.

Maintain a perimeter, low-maintenance open space buffer with a minimum width of 20 feet along public streets, paved and unpaved paths.

f.

Include outdoor plazas and hardscape features intended for informal use or gatherings of customers and employees.

(j)

Lot width and lot length. The minimum average lot width and minimum average lot length shall be 150 feet.

(k)

Off-street parking. In accordance with applicable regulations set forth in section 58-441 of this chapter.

(l)

Minimum parking and driveway offset. No driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 50 feet to the ultimate road right-of-way and shall not project further into the front yard than the building(s).

(n)

Park and open space plan and impact fee. A park and open space impact fee is required for the development in accordance with section 58-138—58-152. All development shall comply with the city approved Ulao Creek Neighborhood park and open space.

(o)

Development agreement. A development agreement is required for development in which public or private infrastructure and open space is planned and shall comply with the City Standard Specifications for Land Development, latest edition. The development agreement is subject to the approval of the city planning commission and common council.

(p)

Exceptions to the district requirements. All district requirements shall be met unless a concept plan review application is submitted to the planning commission that includes each of the following:

(1)

Project concept plan meeting all district requirements.

(2)

Project concept plan graphically detailing any requested exceptions to district requirements.

(3)

Project narrative addressing reason for exception, impact and effect of exception and the additional amenities proposed to mitigate the impact and effect of such exception.

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the spirit and intent of this district always remains on the applicant.

The planning commission may approve exceptions to the district requirements upon finding that the use or development includes building or site amenities that address any adverse effects of the exception and where the planning commission finds that strict compliance to the requirements is impractical because of site conditions or location.

Further, planning commission approval of an exception shall require common council confirmation upon written request from two aldermen or one alderman and the mayor. Such request shall be made within 14 days of the corresponding planning commission approval of the exception.

(Ord. No. 2021-1601, § I(3, Exh. C), 11-9-2021)

Table 58-246 sets forth the permitted uses for each residential zoning district. Permitted uses in any protected conservancy area in the R-1 district are set forth in section 58-234(d)(2).

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

(a)

Permitted accessory uses generally. Table 58-247 sets forth the permitted accessory uses for each residential zoning district.

(b)

Garages and carports.

(1)

No garage or carport shall be erected prior to the erection of the principal building to which it is accessory.

(2)

The following provisions apply to properties zoned R-1 through R-5:

a.

Except as otherwise specifically provided below, no more than one principal garage, either attached or detached, shall be permitted on a lot.

b.

If there is a residence without an attached garage, one principal detached garage not to exceed 800 square feet in area shall be permitted.

c.

If a residence was constructed prior to year 2003 with an attached garage in which two full-sized personal automobiles cannot reasonably be stored side-by-side, one principal detached garage not to exceed 675 square feet in area shall be permitted, provided no such garage structure shall be sited in front of an existing residence or in such other location as shall unreasonably affect or adversely impact the beauty and general enjoyment of existing residences or adjoining properties.

d.

Enclosed vehicular storage space for not more than one vehicle may be rented to persons not resident on the lot, such space being defined as an area not to exceed 300 square feet.

(c)

Detached storage structures. In addition to any permissible garages, a single detached storage shall be permitted in the following zoning districts subject to the following conditions:

(1)

On any property zoned R-1 provided that no such detached storage structure shall exceed the lesser of 2,178 square feet or one percent of the area of the property; however, if the property is subject to an AO agricultural overlay, the property shall not be restricted in the number or size of detached storage structures.

(2)

On any property zoned R-1B through R-5 subject to the following conditions:

a.

If a guesthouse is constructed as a conditional use, no detached storage structure is permitted.

b.

A detached storage structure shall not exceed one percent of the lesser of (a) five acres or (b) the area of the property if the property is not divisible in the current zoning district or, if it is divisible, the zoning district's minimum lot size.

(d)

Parking requirements for the RM zoning district.

(1)

Enclosed parking. Each dwelling unit shall be provided a minimum of the following number of enclosed parking spaces:

a.

One-bedroom units: 1.75 parking spaces.

b.

Two-bedroom units: 2.00 parking spaces.

c.

Three-bedroom units: 2.00 parking spaces.

(2)

Off-street parking ratio. Off-street parking for guest parking shall be provided at the rate of one space for every two dwelling units, but no less than four spaces per development.

(e)

Home occupations.

(1)

The home occupations shall be clearly incidental to the principal residential use.

(2)

The home occupation shall be carried on wholly within the principal residential dwelling or within a permitted accessory structure and only by residents occupying the premises and one additional person not a resident on the premises.

(3)

No article or service shall be sold or offered for sale on the premises except by telephone or electronically with products stored and any physical delivery occurring elsewhere.

(4)

The home occupation shall not normally generate customer or client traffic to the residential premises.

(5)

No retail or wholesale business shall be conducted on the premises.

(6)

No sand, gravel, stone, topsoil or peat moss shall be removed from the premises for commercial purposes.

(7)

No materials, equipment or vehicles used in the home occupation shall be stored outside.

(8)

Any off-street parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties.

(9)

The home occupation shall not generate or result in offensive noise, vibration, smoke, dust, odors, heat, or glare if any of the foregoing creates a nuisance or is otherwise incompatible with the surrounding residential area.

(10)

In the R-6 zoning district, there shall be no signs for the home occupation. A sign for a home occupation in any other residential zoning district shall comply in all respects with the requirements in the sign code for home occupation signs.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

(a)

Generally. Table 58-248 sets forth the conditional uses for each residential zoning district. Specific conditions and requirements for each conditional use are set forth in the provisions following Table 58-248. These conditions and requirements are in addition to those set forth in, and imposed, under article II, division 3 and elsewhere in this Code.

(b)

Commercial outdoor recreational facilities.

(1)

Such facilities are open to the public or available through membership.

(2)

Examples include, but are not limited to, athletic fields, sport courts, playgrounds, and golf courses.

(3)

Structures customary to such facilities may be approved; however, the primary activity shall be conducted outdoors.

(4)

Except for conservation subdivisions in the R-1 zoning district, these uses must be approved through a planned unit development.

(c)

Utility, transmission and distribution lines, poles, and other accessories.

(1)

When a utility proposes a main inter-city transmission facility, the utility shall give notice to the planning commission of such intention and of the date of hearing before the public service commission and, before actual construction, shall file with the planning commission a map description of the route of transmission line.

(2)

Public and/or private utility installations less than three feet in height shall be subject only to city staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all-season vegetation.

(d)

Community living arrangements.

(1)

No structure shall be greater than two stories.

(2)

Structures shall comply with the city's Architectural Guidelines for Residential Structures in effect at the time of approval.

(3)

The maximum floor area ratio shall be 20 percent.

(4)

Parking shall be located on the side or rear of the primary structure, shall be offset at least 30 feet from all property lines and shall be screened with all-season vegetation from adjoining one-family dwelling or two-family dwelling.

(5)

No signs shall be allowed.

(6)

The use shall be licensed to the extent required by state law, located as restricted by state law and subject to hearings before the common council to the extent allowed by state law.

(7)

The planning commission, subject to all fair housing law requirements, may reject any application for a conditional use for a community living arrangement at its discretion.

(e)

Accessory dwelling units.

(1)

An accessory dwelling unit is an area, other than an area in a basement, attached to or contained within a primary dwelling unit with its own bathroom, kitchen and sleeping area. As used in this paragraph, a kitchen is an area with a sink, a refrigerator and a stove, range, oven or cooktop.

(2)

The primary dwelling unit must be owner occupied at any time that a person other than the owner or a legal dependent of the owner occupies the accessory dwelling unit. A property shall be deemed to be owner occupied if an owner or in the case of an owner entity, the person who has voting control of the entity, is either registered to vote using that address or claims the property as the person's primary residence for the Wisconsin lottery and gaming credit.

(3)

An accessory dwelling unit may only be occupied by a family member, blood relative, legal dependent, caretaker or paid servant of a resident of the primary dwelling unit.

(4)

There can be no more than one accessory dwelling unit per one-family dwelling.

(5)

The total living area of an accessory dwelling unit can be no larger than 40 percent of the total living area of the primary dwelling to which it is attached or contained. Total living area shall be measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes).

(6)

The accessory dwelling unit must have at least one common entrance with the primary dwelling unit.

(7)

There shall not be separate direct entrances for each dwelling unit on the front of the building unless this prohibits handicapped access.

(8)

An accessory dwelling unit may not have a separate postal address.

(9)

An area in a basement that would qualify as an accessory dwelling unit if not in a basement shall be permitted without a conditional use grant provided there is no accessory dwelling unit on the property and provided that the city and the owner record an agreement that encumbers the property by which the owner covenants that no accessory dwelling unit may be constructed on the property and the use of such basement area shall be subject to the requirements of (2), (3), (6), (7) and (8).

(f)

Guesthouses.

(1)

A guesthouse is a detached structure with living quarters and is intended for the temporary stay of occasional guests.

(2)

A guesthouse may not contain a stove, oven, range or cooktop.

(3)

A guesthouse may not be rented or used as a separate dwelling.

(4)

A guesthouse may not be constructed unless the property contains a primary residence.

(5)

If a guesthouse is constructed, no detached storage structure is permitted unless the property is in the R-1 zoning district.

(6)

A guesthouse shall not exceed one percent of the lesser of (a) five acres or (b) the area of the property if the property is not divisible in the current zoning district or, if it is divisible, the zoning district's minimum lot size.

(7)

A guesthouse may not have a separate postal address.

(g)

Historically significant structures used as private clubs or private lodges.

(1)

A structure is only historically significant if it is listed on the National Register of Historic Places or has been designated a local landmark by the Mequon Landmarks Commission.

(2)

No more than one vehicle may be temporarily parked in a driveway in front of the primary structure. All other exterior parking shall be located on the side or rear of the primary structure, shall be offset at least 30 feet from all property lines and shall be screened with all-season vegetation from any adjoining one-family dwelling or two-family dwelling.

(h)

Bed and breakfast establishments. Bed and breakfast establishments shall be licensed under, meet the requirements of and be operated in accordance with Wis. Stat. § 97.01 and Wis. Admin. Code § ATCP 73, as amended or renumbered from time to time, and all other applicable laws.

(i)

Landscape contracting businesses.

(1)

The business shall occupy no more than 10 acres.

(2)

No outside storage of materials or equipment.

(3)

The business and its primary operations must be at least 500 feet from any dwelling on any adjoining parcel.

(4)

No on-site sales of mulch or other related products.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021)

(a)

Generally. Table 58-249 sets forth the technical requirements for each residential zoning district.

^* See section 58-418(d)

_____

(b)

Explanations. As used in Table 28-248:

(1)

Minimum living area shall be measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes).

(2)

Minimum building setback shall be measured from the ultimate right-of-way line of each public street, road, or highway which abuts the subject property.

(3)

Minimum building offset shall be measured from each side and rear lot line other than a lot line subject to a minimum building setback.

(4)

Maximum lot coverage percentage shall be the percentage of a property covered by buildings and structures.

(c)

Special maximum lot coverage standards.

(1)

Maximum lot coverage percentage shall not apply to a residential planned unit development unless the common council determines otherwise in the ordinance that creates the planned unit development.

(2)

If a property is in the R-1 through R-3 zoning districts and the property is smaller than the minimum lot size for the zoning district in which it is located, the maximum lot coverage percentage shall be the percentage applicable to the zoning district with a minimum lot size smaller than, but closest in size to, the property.

(Ord. No. 2021-1591, § I(Exh. A), 6-8-2021; Ord. No. 2023-1642, § I(Exh. A), 4-11-2023)