(a)

Intent. The LTD district is intended to provide for the conduct of certain limited business uses which are located adjacent to or within a primary residential area.

(b)

General requirements.

(1)

The use or structure(s) shall be architecturally, aesthetically, and operationally harmonious with nearby development.

(2)

All business, servicing, processing, or storage, except for off-street parking or loading, shall be conducted within completely enclosed buildings unless otherwise specifically approved by the planning commission.

(3)

Building expansions, site changes, or use changes shall be in accordance with this chapter.

(4)

No land shall be used or structure erected where the use or structure will result in a significant and unduly burdensome traffic impact, groundwater impact, capital facility impact, and/or where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The city planning commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the city planning commission may affirm, modify or withdraw its determination of unsuitability.

(c)

Permitted uses. Any permitted uses allowed in the underlying base district.

(d)

Accessory uses. Any accessory uses allowed in the underlying base district.

(e)

Conditional uses.

(1)

Reserved.

(2)

Reserved.

(3)

Bath accessories.

(4)

Beauty aids/personal grooming.

(5)

Bookstore.

(6)

Bridal shop.

(7)

Candy store.

(8)

Camera store.

(9)

Card shop.

(10)

Gift store.

(11)

Florist.

(12)

Boutique clothing store.

(13)

Computer store.

(14)

Educational materials store.

(15)

Formal wear store.

(16)

Hobby/crafts store.

(17)

Jewelry store.

(18)

Musical instruments store.

(19)

Optical store.

(20)

Telephone store.

(21)

Pet store (pursuant to the specific requirements set forth in division 11).

(22)

Boutique shoe store.

(23)

Weight loss store.

(24)

Art gallery.

(25)

Photographer.

(26)

Packaging store.

(27)

Interior designer.

(28)

Antique store.

(29)

Snack and nonalcoholic beverage bars.

(f)

Lot size. The lot size shall be in accordance with the base zoning district.

(g)

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

(h)

Building height. The height of any structure shall not exceed 42 feet.

(i)

Minimum building setback. The minimum building setback shall be in accordance with the underlying base district regulations.

(j)

Minimum building offset. The minimum building offset shall be in accordance with the underlying base district regulations.

(k)

Lot coverage/open space. For new, original development for which application is made for site plan approval and/or conditional use grant after the date of passage of the ordinance from which this chapter is derived, the aggregate footprint of all buildings, structures, and pavement shall not exceed 60 percent of the lot area. Open space configuration and distribution shall be subject to specific planning commission approval. No lot or parcel which is otherwise in conformity with applicable provisions of the zoning code as regards permissible aggregate area of building footprints, structures and pavement in relation to overall lot area prior to enactment of this provision shall be rendered nonconforming solely by virtue of passage of the ordinance from which this chapter is derived.

(l)

Lot width. Lot width shall be in accordance with the underlying base district regulations.

(m)

Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.

(n)

Maximum building size. For new, original development for which application is made for site plan approval and/or conditional use grant after the date of passage of the ordinance from which this chapter is derived, no individual building may exceed 20,000 square feet in gross floor area.

(o)

Maximum tenant size. No individual tenant space may be larger than 3,500 square feet in gross floor area.

(p)

Hours of operation. Retail and retail service uses listed as permitted uses and conditional uses shall limit their hours of operation from 7:00 a.m. to 7:00 p.m., Monday through Saturday. No retail business shall be conducted on Sunday.

(Code 1957, § 3.09(1); Ord. No. 95-856, 10-10-1995; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2017-1494, § I, 9-12-2017; Ord. No. 2019-1543, Exh. B, 4-9-2019)

(a)

Purpose. The planned unit development (PUD) overlay district is intended to permit developments that will, over a period of time be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicular traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD planned unit development overlay district under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements as set forth in the underlying base zoning district. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the unit ownership act set forth in Wis. Stats. ch. 703 (condominiums) may be permitted by the city upon specific petition, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met.

(b)

Areas designated as PUD planned unit development overlay districts shall be under single or corporate ownership or control and shall contain a minimum development area as follows:

(c)

Lot area. The lot area requirements of the underlying base district may be modified. However, in no case shall the development project density exceed the number of dwelling units that would have otherwise been permitted if the PUD (planned unit development overlay district) regulations had not been utilized.

(d)

Lot Width. Individual lot widths required by the underlying base district may be modified.

(e)

Setbacks and yards.

(1)

Setbacks required by the underlying base use district may be modified in planned unit development districts, however, no setback shall be less than 25 feet from any street right-of-way.

(2)

No principal structures in planned developments shall be located closer than 30 feet to another structure.

(3)

Structures in planned residential development structures shall have a rear yard of not less than 25 feet.

(f)

Procedure.

(1)

Pre-petition conference. Prior to official submittal of the petition for approval of the designation of a planned unit development overlay district, the owner or his agent making such petition shall meet with the department of community development to discuss the scope and proposed nature of the contemplated development.

(2)

The petition. Following the pre-petition conference, the owner or his agent may file a petition with the department of community development for an amendment to the city's zoning district map designating and adding a planned unit development overlay district to the underlying base use zoning district thereby permitting the application of the provisions of this section to the designated area. Such petition shall be accompanied by the appropriate fee as well as the following information:

a.

A statement which sets forth the relationship of the proposed planned unit development overlay district to the city's adopted comprehensive plan or any adopted component thereof and the general character of and the uses to be included in the proposed planned unit development overlay district, including the following information:

1.

Total area to be included in the PUD planned unit development overlay district, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

2.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

3.

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

4.

Any proposed departures from the standards of development as set forth in the city zoning regulations, land division ordinance, sign ordinance, other city regulations or administrative rules or other universal guidelines.

5.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

b.

A general development plan which shall include, in addition to those site plan and architectural review requirement set forth in this chapter, the following:

1.

A preliminary plat illustrating plan of development of the planned unit development. The preliminary plat shall include all additional information as required this chapter.

2.

A legal description of the boundaries of lands included in the proposed PUD planned unit development overlay district.

3.

A description of the relationship between the lands included in the proposed PUD planned unit development overlay district and the surrounding properties.

4.

The location of public and private roads, driveways and parking facilities.

5.

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

6.

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

7.

The type, size and location of all structures.

8.

General landscaping treatment.

9.

Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.

10.

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

11.

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

12.

Characteristics of soils related to contemplated specific uses.

13.

Existing topography on site with contours at no greater than two foot intervals national geodetic vertical elevation.

14.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

15.

If the development is to be staged, a staging plan.

(g)

Land divisions. Any proposed division which is part of the proposed planned unit development overlay district shall be subject to the requirements of sections 58-631—58-641 of this chapter.

(h)

Referral to planning commission. The petition for a planned unit development overlay district shall be referred to the planning commission for its review and recommendation. The planning commission may add any additional conditions or restrictions which it may deem necessary or appropriate to promote the spirit and intent of this chapter and the purpose of this section.

(i)

Public hearing. Upon receipt of the planning commission's recommendation, the common council shall, before determining the disposition of the petition, hold a public hearing pursuant to the provisions of section 58-43. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.

(j)

Basis for approval. The city planning commission in making its recommendations and the common council in making its determinations, shall consider:

(1)

Whether the petitions for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the designated PUD planned unit development overlay district within 12 months following the approval of the petition for a PUD Planned unit development overlay district and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

(2)

Whether the proposed PUD planned unit development overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the comprehensive plan or component plans thereof for community development; would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood; and, that the benefits and improved design of the resultant development justifies the establishments of a planned unit development overlay district.

(3)

The planning commission and the common council shall not give their respective recommendations or approvals unless it is found that:

a.

The proposed site shall be provided with adequate drainage facilities for surface and stormwaters.

b.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

c.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.

d.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances and administrative regulations of the city.

e.

Adequate water and sewer facilities shall be provided.

f.

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

(k)

Changes or additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the city planning commission and if in the opinion of the city planning commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city common council shall be required and notice thereof be given pursuant to the provisions of section 58-43 of this chapter.

(l)

Conditions. The planning commission and common council may impose conditions under the PUD zoning with specified deadlines. If the common council shall fail to specify a deadline for satisfaction of PUD conditions, the deadline shall be 24 months. Upon satisfaction of the conditions with specified deadlines, the rezoning of the property shall take effect. If the conditions are not satisfied within the specified deadlines, the rezoning becomes null and void and the existing zoning classification continues in force and effect.

(Code 1957, § 3.09(2); Ord. No. 2000-993, §§ II, III, 4-11-2000; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2009-1269, § I, 5-12-2009; Ord. No. 2010-1316, § I, 6-8-2010; Ord. No. 2017-1501, § I, 10-10-2017

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Conservation easement. A conservation easement is a restriction placed on a piece of property to protect the resources associated with the parcel. The easement is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement that prohibits certain types of development from taking place on the land.

Development rights. Those rights to develop (expressed as number of residential units per acre) a designated sending parcel under applicable zoning and subdivision rules and regulations in effect on the date of the transfer of development rights. Determination of the maximum number of development rights available for transfer on an individual sending parcel shall be made by the City of Mequon.

Sending parcel. Parcels of land from which development rights may be transferred.

Transfer of development rights (TDR). The transfer of development rights from a sending parcel to a receiving parcel.

TTDR program administrator. The person, board, and/or committee responsible for administering the TDR program.

Receiving parcel. Parcels of land to which development rights may be transferred.

(b)

Intent and purpose. The transfer of development rights-planned unit development (TDR-PDR) overlay district is intended to promote citywide preservation of agriculture, rural open space and character, scenic vistas, natural features, and environmental resources for the benefit of Mequon residents. More specifically, the purposes are as follows:

(1)

Preserve open space, critical and sensitive areas, and natural hazard areas that are consistent with the city's comprehensive plan;

(2)

Conserve agriculture and forestry uses of land;

(3)

Protect lands of aesthetic and historic significance;

(4)

Protection of property rights by providing a voluntary TDR program;

(5)

Provide a mechanism whereby development rights may be reliably transferred;

(6)

Ensure that development rights are transferred to properties that are in areas or districts that have adequate community facilities and environmental integrity to accommodate additional development;

(7)

Authorize the local government to create a transfer of development rights (i.e., TDR) bank, where development rights may be purchased and conveyed by the local government, in order to stabilize the market in development rights and to manage the development of property in the city;

(8)

Allow new development to be geographically shifted without any net increase in the city's projected build-out population.

(c)

TDR Concept. A TDR program allows the owners of properties located within approved preservation areas (known as sending parcels or areas) to voluntarily sell the development potential of their property to owners of approved areas more suitable for development (known as receiving parcels or areas). The sending area property owner maintains ownership of the underlying land, but must agree to record a conservation easement that protects the resource and restricts future development of the sending area. The owner of the receiving area may then increase the permitted density on their property in an amount that could not have otherwise been allowed, thereby "transferring" the development potential from the sending area to the receiving area.

(d)

Designation of sending and receiving parcels/districts. The city has not pre-mapped sending and receiving areas. Therefore, the park and open space board by recommendation, the planning commission by recommendation, and the common council by final action, will review, evaluate, and approve or deny proposed TDR transactions between private landowners on a case-by-case basis. In evaluating sending and receiving areas, the park and open space board, planning commission and common council will consider the following elements:

(1)

Unique environmental areas such as environmental corridors, isolated natural areas, threatened or endangered species, interesting topography, rock outcroppings, woodlands, and hedgerows;

(2)

Scenic vistas along public roadways (i.e., these are areas that reflect the rural character of Mequon and provide visual interest due to woodlands, streams, croplands, and/or interesting topography);

(3)

Bufferyards adjacent to existing development;

(4)

Integration of a recreational trail system and/or greenbelt;

(5)

Conservation easement area size (i.e., the preserved area should meet a reasonable size threshold of visual significance);

(6)

Relationship to adjacent or nearby preserved land area;

(7)

Agricultural preservation;

(8)

Historic or archeological significance;

(9)

Public access opportunities.

(10)

In evaluating receiving areas, the park and open space board, planning commission and common council will consider the following elements:

a.

Traffic impact of added density;

b.

Environmental impact where additional on-site sewage disposal systems are used;

c.

Environmental impact of development on woodlands, wetlands, floodplains, steep slopes, and terrain;

d.

Impact on the ground water aquifer where WE energies water is not available;

e.

Impact on neighborhood character resulting from added residential density;

f.

Input from neighborhood residents.

(e)

Voluntary provisions and participation. The provisions of the TDR-PUD district and the TDR program are not mandatory; rather, the TDR-PUD district provisions apply only when landowners and developers voluntarily participate in the transfer of development rights program.

(f)

Permitted uses. Permitted, accessory, and conditional uses shall be subject to the underlying zoning district provisions.

(g)

Dimensional and area standards. Lot area, lot width, setback, offset, height and other dimensional standards shall be subject to the underlying zoning district provisions unless modified as a condition of TDR-PUD approval.

(h)

Density standards. The total density allowed on a receiving area shall be approved by the common council on a case by case basis, based on location, environmental impact, traffic impact, and development impact on the surrounding neighborhood.

(i)

Development credit exchange rate. A development credit ratio of 1:1 shall be required for single-family detached residential housing, and 1:1.8 for plex residential housing. In other words, one single-family credit can be transferred to build one single-family home in a receiving area, while one single-family credit can be transferred to build 1.8 duplex units in a receiving area. The following table specifies the number of acres required per housing unit in each zoning district:

(j)

Procedure for approval of TDR-PUD district zoning.

(1)

Pre-petition conference. Prior to official submittal of the petition for approval of the designation of a TDR-PUD overlay district, the owner or their agent making such petition shall meet with the department of community development to discuss the scope and proposed nature of the contemplated development.

(2)

The petition. Following the pre-petition conference, the owner or his agent may file a petition with the department of community development for an amendment to the city's zoning district map designating and adding a TDR-PUD overlay district to the underlying base use zoning district thereby permitting the application of the provisions of this section to the designated area. Such petition shall be accompanied by the appropriate fee as well as the following information:

a.

A statement which sets forth the relationship of the proposed TDR-PUD overlay district to the city's adopted comprehensive plan or any adopted component thereof and the general character of and the uses to be included in the proposed TDR-PUD overlay district, including the following information:

1.

Total area to be included in the TDR-PUD overlay district, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

2.

Calculation of the maximum density allowed in accordance with the underlying zoning, and the additional density proposed to be transferred to the site.

3.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

4.

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

5.

Any proposed departures from the standards of development as set forth in the city zoning regulations, land division ordinance, sign ordinance, other city regulations or administrative rules or other universal guidelines.

6.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

b.

A general development plan which shall include the following:

1.

A concept plan in accordance with section 58-112 of this chapter.

2.

A legal description of the boundaries of lands included in the proposed TDR-PUD overlay district.

3.

A description of the relationship between the lands included in the proposed TDR-PUD overlay district and the surrounding properties.

4.

The location of public and private roads, driveways and parking facilities.

5.

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

6.

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

7.

The type, size and location of all structures.

8.

General landscaping treatment.

9.

Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.

10.

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

11.

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

12.

Characteristics of soils related to contemplated specific uses.

13.

Existing topography on site with contours at no greater than two foot intervals national geodetic vertical elevation.

14.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

15.

If the development is to be staged, a staging plan.

(k)

Subdivisions and land divisions. Any proposed subdivision or land division which is part of the proposed TDR-PUD overlay district shall be subject to the requirements of sections 58-631—58-641 of this chapter.

(l)

Referral to park and open space board and planning commission. The petition for a TDR-PUD overlay district shall be referred to the park and open space board for its review and recommendation regarding the proposed sending and receiving area. The park and open space board will evaluate the sending and receiving area criteria listed above in making its recommendation. The petition will then be referred to the planning commission for its review and recommendation regarding the receiving area, and development plan. The planning commission will evaluate the receiving area criteria listed above, and evaluate the development plan in accordance with the intent and spirit of the development ordinance and city's comprehensive plan in making its recommendation. The planning commission may add any additional conditions or restrictions that it may deem necessary or appropriate to promote the spirit and intent of this chapter and the purpose of this section.

(m)

Public hearing. Upon receipt of the planning commission's recommendation, the common council shall, before determining the disposition of the petition, hold a public hearing pursuant to the provisions of section 58-43 of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change, and indicate that plans are available for inspection in the office of the department of community development during business hours.

(n)

Basis for approval. The planning commission in making its recommendations and the common council in making its determinations, shall consider:

(1)

Whether the rezoning petition for the proposed TDR-PUD overlay district has indicated an intention to begin the physical development of the designated TDR-PUD overlay district within 12 months following the approval of the rezoning for a TDR-PUD overlay district and that the development will be carried out according to a reasonable construction schedule satisfactory to the city;

(2)

Whether the proposed TDR-PUD overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the comprehensive plan or component plans thereof for community development; would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood; and, that the benefits and improved design of the resultant development justifies the establishment of a TDR-PUD overlay district;

(3)

The planning commission and the common council shall not give their respective recommendations or approvals unless it is found that:

a.

The proposed site shall be provided with adequate drainage facilities for surface and stormwaters;

b.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development;

c.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development;

d.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances and administrative regulations of the city;

e.

Adequate water and sewer facilities shall be provided;

f.

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

(o)

Changes or additions. Any subsequent change or addition to the approved TDR-PUD plan shall first be submitted for approval to the planning commission and if in the opinion of the planning commission, such change or addition constitutes a substantial alteration of the approved TDR-PUD plan, a public hearing before the common council shall be required and notice thereof be given pursuant to the provisions of section 58-43 of this chapter.

(p)

Termination. If development does not commence within one year of receiving the TDR-PUD zoning, the TDR-PUD and underlying district zoning for the property shall be automatically discontinued and replaced with the zoning designation that existed prior to the TDR-PUD rezoning, except that the planning commission may grant an extension of up to six months.

(q)

Procedure for issuance of a certificate of development rights. Following common council approval of a TDR-PUD rezoning, the TDR program administrator shall issue a certificate of development rights (with unique serial number) to the owner or owners of the sending parcel(s). The total available development rights for a sending parcel is based upon the total number of residential units allowed to be developed on the property in accordance with the underlying (existing) zoning. To verify the total amount of units allowed under existing zoning, the city may require the property owner to submit a dimensionally accurate survey and yield plan that illustrates total lot yield in accordance with underlying zoning district standards. Fractions of whole development rights may be transferred and are calculated by rounding down to the second decimal place. These fractions may be combined with either excessive fractional acreage on the receiving parcel, or with other fractional development rights transferred to the receiving parcel.

(r)

Sale of development rights. Upon receipt of the certificate of development rights from the city, the property owner may sell/transfer all, none, or part of their development rights to any person or legal entity subject to approval of the TDR program administrator and the following conditions:

(1)

The minimum sending parcel shall be no less than 20 contiguous acres of land. An area of less than 20 acres may be considered where the land is contiguous to another area that is protected by a conservation easement.

(2)

When a portion of the total available development rights are sold from a lot or property, the future sale of additional development rights from that property shall occur so that the land from which the development rights are conveyed is contiguous, to the greatest extent possible, to the land from which development rights were previously sold.

(3)

The sending area shall be placed into a conservation easement in accordance with section 58-332.

(4)

The sending area shall not be encumbered by any pre-existing deed restrictions relative to development or use of the land.

(5)

The TDR program administrator shall determine if the distribution of land within the proposed sending area complies with the intent and spirit of this chapter.

(6)

If and when a development right is transferred from one person or legal entity to another, an updated TDR certificate must be issued to the new owner by the city and recorded in the Ozaukee County Register of Deeds Office.

(7)

Upon final transfer of development rights to a receiving area, the TDR certificate shall be properly extinguished by the city and recorded in the Ozaukee County Register of Deeds Office.

Persons or legal entities interested in purchasing development rights for development on a receiving area may choose to secure an option to purchase development rights pending city approval of the receiving area development entitlements.

(s)

Conservation easement required. Prior to, or concurrent with, sale/transfer of the development rights, the seller shall record a TDR conservation easement on the property from which the development rights are being sold/transferred. The TDR conservation easement shall run with the land in perpetuity, and shall name the City of Mequon as "holder" of the easement and another entity qualified pursuant to Wis. Stats. § 700.40, as having a "third-party enforcement right", and shall include, among other things, a legal description and plat of survey of the property from which the development rights will be transferred and a clear understanding of how the property shall be used and maintained in the future. Additionally the easement shall be reviewed by the city's TDR program administrator and the city attorney, approved by the common council, and properly executed by the owner(s) of the sending area property. The approved and executed TDR conservation easement shall be recorded in the Ozaukee County Register of Deeds Office.

(t)

TDR bank. The city is authorized to establish a TDR bank. The TDR program administrator shall administer the TDR Bank with the assistance of the city finance director. The TDR bank shall have the following authority and purpose:

(1)

Purchase development rights, subject to the approval of the common council.

(2)

Sell or convey any development rights it may possess, subject to the approval of the common council.

(3)

Receive donation of development rights from any person or organization, public or private, subject to approval of the common council.

(u)

Review of section provisions. This section shall be reviewed in April 2007.

(Ord. No. 2004-1118, § I(3.09(3)), 4-12-2005; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2017-1506, § VI, 10-10-2017)

(a)

Purpose. The overlay district for central growth area is established to increase the supply of single-family market-rate dwellings located within an area served by public sewer and water and provide an environment of cluster developments with a density of one acre per dwelling unit.

(b)

Established boundaries. The central growth area overlay district boundaries shall be as specified on the zoning map and as generally described as the area bound by Wauwatosa Road (east), Donges Bay Road (south), Swan Road (east) and immediately south of Brighton Ridge and Knightsbridge neighborhoods (north).

(c)

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 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 plan. A yield plan graphically shows a conventional residential subdivision under the requirements of the specific zoning district in which the property is located and access to each lot. The yield plan shall show only the net density permitted within the zoning district based on the minimum lot size and width.

(d)

Permitted uses.

(1)

Single-family detached dwellings located on a lot platted prior to June 10, 2014.

(2)

Residential cluster developments.

(3)

Agricultural uses as allowed in the R-3 zoning district.

(4)

Community living arrangements for 8 or fewer persons in accordance with Wis. Stats. §62.23(7)(i).

(e)

Permitted accessory uses.

(1)

Permitted accessory uses as allowed in the R-3 zoning district.

(2)

Private garages, carports, and paved parking areas shall be allowed provided that no garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Any property may have, in addition to any permissible garage, one detached storage structure not exceeding one and one-half percent of the property area or one percent of the property's minimum lot size zoning requirement, whichever is less.

(f)

Conditional uses.

(1)

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

(2)

Early education learning center.

(3)

Child care center.

(4)

Public and private schools.

(5)

Religious institutions.

(6)

Community gardens.

(7)

Parks.

(8)

Community greenhouse.

(9)

Outdoor recreational facilities.

(10)

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

(11)

Farms with fur-bearing animals pursuant to the specific requirements of division 11.

(12)

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

(13)

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.

(g)

Yard requirements. The yard requirements shall be as follows in Table 58-333-1:

Table 58-33-1 Lot Dimension and Yard Requirements

¹ Minimum Lot Area for Residential Cluster Developments. A minimum lot area of .33 acres is permitted; however no more than 50 percent of the total lots shall be of a lot area of less than .50 acres and any lot less than .50 acres in area shall border open space on one lot line.

² Yard Requirement Increased for Residential Cluster Developments. The required yard shall be increased when a lot is adjacent to a residential dwelling existing prior to January 2014. In such case, the required interior side or rear yard shall not be less than 30 feet. The required street frontage yard shall be increased when any lot line fronts on Wauwatosa Road, Donges Bay Road and Swan Road. In such case, the street frontage yard requirement shall not be less than that established by a line joining the nearest front corners of both adjacent buildings, regardless of the adjacent building's use.

(h)

Specific design standards for residential cluster developments. Any development designed as a cluster development shall be subject to the following standards. All density shall be provided on the subject development site, but may be located in different phases of the development.

(1)

Yield plan. The approved yield plan establishes the allowed 1 ac density. The allowed density may then be applied to the residential cluster development plan. The planning commission shall take action on a yield plan prior to filing for approval of a preliminary plat.

(2)

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

a.

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

b.

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

c.

Location of house sites.

d.

Street alignments and trails.

(3)

Common open space plan. An open space plan is required and subject to planning commission approval at the time of submitting the preliminary plat.

(4)

Common open space. Not less than 30 percent of total site area shall be established as common open space. The common open space shall:

a.

Create large and contiguous areas that represent an integrated system with no one dedicated common space being less than 5,000 square feet.

b.

Distribute common, open space throughout the development to serve and enhance all lots. Fragmented open space shall be minimized.

c.

Protect 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 30 feet. The required perimeter open space buffer does not exempt compliance with an increased rear yard setback required in the "Lot Dimension and Yard Requirements" chart.

f.

Include 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, children's play equipment.

(i)

Maximum single-family residential lot coverage. Not more than 20 percent of the lot may be covered by buildings.

(Ord. No. 2014-1420, § I, 6-10-2014; Ord. No. 2019-1543, Exh. B, 4-9-2019)