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Mequon City Zoning Code

DIVISION 7

PUBLIC AND SEMIPUBLIC DISTRICTS

Sec. 58-353.- IPS institutional and public service district.

(a)

Purpose. The institutional and public service district is intended to provide, where appropriate, specifically defined areas where public or institutional uses may be permitted. Such uses may be subject to regulatory standards as necessary to insure compatibility with surrounding areas.

(b)

General requirements.

(1)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development.

(2)

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

(3)

The development shall be improved with underground utilities.

(4)

Site access shall be oriented to internal circulation drives with limited access provided to city streets.

(5)

No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution or hazardous by reason of excessive danger of fire or explosion shall be permitted.

(6)

In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the city planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area.

(7)

Site development shall be approved by the planning commission in accordance with this chapter.

(c)

Permitted uses. Permitted uses shall include, but not necessarily be limited to the following:

(1)

Public or private schools, colleges and universities.

(2)

Churches, temples and other places of worship.

(3)

Public libraries.

(4)

Public administrative offices and public service buildings, including fire and police stations.

(5)

Public utility offices.

(6)

Child day care facilities.

(d)

Permitted accessory uses.

(1)

Garages for storage of vehicles and/or equipment used in conjunction with the operation of a permitted use.

(2)

Residential quarters for the owner, proprietor, caretakers or clergy may be located in the same building as the permitted use.

(e)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(1)

Mausoleums.

(2)

Concert halls.

(3)

Public utility installations provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(4)

Private lodges and clubs.

(5)

Public and private noncommercial group outdoor recreational facilities.

(6)

Bar, restaurant or other service facilities accessory to an approved use and intended solely for use by members and guests or intended to be open for use by the general public.

(7)

Crematory service.

(8)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject to article IV of this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(9)

Funeral homes.

(10)

Sanitary landfill operations.

(11)

Hospitals, nursing and rest homes, and elderly housing.

(12)

Cemeteries.

(13)

Satellite dishes.

(14)

Parking structures.

(f)

Lot size. The minimum lot size shall have an area of not less than one acre.

(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 unless otherwise allowed in accordance with section 58-418.

(i)

Minimum building setback. All structures within the IPS district shall be set back from the ultimate road right-of-way as follows:

(1)

Freeways, 50 feet.

(2)

All other streets and highways (excluding local streets), 65 feet, except when parking is proposed between the road and building the minimum setback shall be 95 feet.

(3)

Local streets, 60 feet.

(j)

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, adjoining property is zoned residential, no commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(k)

Open space ratio.

(1)

The open space ratio shall not be less than 40 percent except as follows:

a.

Future additions to buildings that were approved by the planning commission prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

b.

Properties which were the subject of planned unit development zoning or development agreement approval prior to August 12, 1994, shall be subject to the contractual open space ratio approved by the city pursuant to such planned unit development zoning or development agreement.

c.

Construction of additional buildings on sites developed prior to August 12, 1994, shall be subject to a 30 percent open space ratio.

d.

Proposed redevelopment/reconstruction of sites developed prior to August 12, 1994, shall be subject to the 40 percent open space ratio if the redevelopment razes more than 50 percent of the existing building(s). If the redevelopment does not raze more than 50 percent of the existing building(s), a development shall be subject to a 30 percent open space ratio.

(2)

No lot or parcel that was previously developed under a less restrictive open space ratio shall be deemed nonconforming due to lack of compliance with this current more restrictive open space ratio.

(l)

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

(m)

Off-street parking. In accordance with applicable regulation set forth in this chapter.

(n)

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, or park and open space board if the building, structure and/or use is proposed within a city owned park or preserve.

(o)

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.

(p)

Loading docks. Loading docks shall generally not face a dedicated or reserved public street.

(q)

Roof mounted equipment. Roof mounted equipment shall be located, screened or painted to minimize visibility from streets and adjacent sites.

(r)

Storage. Garbage and refuse containers shall be secured from view from streets and adjacent sites.

(s)

Signage. Sign approval shall be subject to planning commission approval and be judged on a case-by-case basis to complement surrounding areas and uses. If, however, the sign is proposed to be located within a city owned park or preserve, sign approval shall be subject to park and open space board approval on a case-by-case basis.

(Code 1957, § 3.10(1); Ord. No. 97-910, 2-11-1997; Ord. No. 99-984, 1-11-2000; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XVI, 5-8-2001; Ord. No. 2003-1077, § I, 8-12-2003; Ord. No. 2005-1143, § 16, 9-13-2005; Ord. No. 2006-1190, § 1, 10-10-2006; Ord. No. 2007-1220, § II, 7-10-2007; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2017-1506, § IV, 10-10-2017)

Sec. 58-354. - P-1 park and recreation district.

(a)

Purpose. The park and recreation district is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses. When applied to privately-owned recreational lands, this district is intended to avoid the conversion of such lands to other urban uses without adequate public review and approval. The district should be used for areas designated as parks in the adopted city master plan or component thereof.

(1)

If a proposed park and recreation site does not comply with the comprehensive plan, the city shall carefully assess the proposal's impact on the environment, traffic, city services, sewer use, water use, and surrounding properties prior to taking action.

(2)

All permitted and conditional uses and structures proposed in this district shall be subject to planning commission review and approval. Approval of landscaping, lighting, and signage within city-owned parks and preserves shall be subject to park and open space board review and approval.

(b)

Permitted uses.

(1)

Forest reserves for wildlife refuges and wilderness areas.

(2)

Flood control retention/detention areas.

(3)

Cross country skiing and sledding/tobogganing.

(4)

Trails for bicycles, hiking and cross country skiing.

(5)

Botanical gardens and arboretums.

(6)

Bees and bee hives pursuant to the specific requirements in division 11.

(c)

Accessory uses.

(1)

Buildings and structures accessory to the principal permitted use.

(2)

Residential quarters for the owner or caretaker of the park.

(3)

Off-street parking and loading areas.

(d)

Conditional uses.

(1)

Playgrounds.

(2)

Play fields or athletic fields.

(3)

Ice skating.

(4)

Downhill skiing.

(5)

Picnicking areas.

(6)

Golf courses with or without country club facilities.

(7)

Swimming beaches and pools.

(8)

Nature centers.

(9)

Tennis courts.

(10)

Group or organized camps.

(11)

Art exhibits and fairs.

(12)

Boat rentals and boat access sites.

(13)

Amphitheaters.

(14)

Archery ranges.

(15)

Golf driving ranges.

(16)

Miniature golf.

(17)

Utilities.

(18)

Zoos.

(19)

Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. Specific regulations related to wireless telecommunication installations shall be subject [to] this chapter. When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission. Public and/or private utility installations less than three feet in height shall be subject only to City of Mequon staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.

(e)

Lot area and width. Lots in the P-1 park and recreation district shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas and all required yards.

(f)

Building setbacks and offsets.

(1)

A minimum building setback of 80 feet from an existing public street or road reservation right-of-way shall be required.

(2)

A minimum building offset of not less than 30 feet from a side or rear lot line shall be required.

(g)

Parking and driveway setback and offset.

(1)

A minimum parking and driveway setback of 25 feet from an existing public street or road reservation right-of-way shall be required.

(2)

A minimum parking and driveway setback of not less than 20 feet from a side or rear lot line shall be required.

(h)

Building height. No building or parts of a building shall exceed 42 feet in height.

(i)

Lot size. The minimum lot size shall have an area of not less than 1.5 acres.

(j)

Lot width. The minimum lot width shall be variable based on park and open space board approval.

(Code 1957, § 3.10(2); Ord. No. 97-910, 2-11-1997; Ord. No. 2001-1008, 3-13-2001; Ord. No. 2001-1017, § XVII, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2008-1265, § VIII, 1-13-2009; Ord. No. 2012-1382, § I, 8-15-2012; Ord. No. 2017-1506, § IV, 10-10-2017; Ord. No. 2019-1543, Exh. B, 4-9-2019)

Editor's note— Ord. No. 2008-1265, § VIII, adopted January 13, 2009, deleted subsection 58-354(d)(8). To preserve the style of this Code, and at the editor's discretion, subsections 58-354(d)(9)—(20) were renumbered as subsections 58-354(d)(8)—(19). See also the Code Comparative Table.