For the purpose of this article, present and future, provision is hereby made for the division of the city into the following 16 basic zoning districts:

(1)

R-1 Single-family residence district.

(2)

R-2 Single-family residence district.

(3)

R-3 Single-family residence district.

(4)

R-4 General residence district.

(5)

R-5 Agricultural and estate district.

(6)

B-1 Neighborhood shopping district.

(7)

B-2 Community service district.

(8)

B-3 General commercial district.

(9)

B-4 Central business district.

(10)

M-1 Limited industrial district.

(11)

M-2 General industrial district.

(12)

I-R Interchange residence district.

(13)

I-B Interchange business district.

(14)

I-M Interchange industrial district.

(15)

VP Valley plain district.

(16)

MW Municipal well recharge area overlay district.

(a)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(b)

On land hereafter annexed to, or consolidated with, the city, no building or structure shall be erected, enlarged or moved and no change in the use of land or existing buildings or structures shall be made until an ordinance designating the zoning district classification of such annexed land is duly adopted by the common council. Within 30 days of the annexation, the plan commission shall file an application for an amendment to establish the zoning district classification of such land. However, if no action is taken regarding the classification of annexed land within 90 days of the date of annexation, such land shall acquire the R-1 district classification and shall remain so zoned until properly reclassified.

(a)

The boundaries of the districts listed in section 42-141 are hereby established as shown on the map entitled "District Map, City of Mosinee, Wisconsin," dated May 1993, as amended, which map is on file in the office of the city administrator and is made a part of this article by reference. All notations and references shown on the district map are as much a part of this article as though specifically described in this section.

(b)

The zoning map, together with all notations, references and other information shown thereon, and all amendments thereto, shall be a part of this article, and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon were fully set forth and described in this section. The administrator is authorized to make copies of such map available to the public.

(Ord. No. 2005-02, §§ 1, 2, 2-14-2005; Ord. No. 2005-04, § 1, 6-27-2005; Ord. No. 2005-07, § 1, 9-12-2005; Ord. No. 2006-04, § 1, 6-12-2006; Ord. No. 2006-10, § 1, 12-11-2006; Ord. No. 2007-04, § 1, 9-10-2007; Ord No. 2007-06, § 1, 10-8-2007; Ord. No. 2009-09, § 1, 10-26-2009; Ord. No. 2009-10, § 1, 11-9-2009; Ord. No. 2010-03, §§ 1, 2, 12-13-2010; Ord. No. 2013-01, §§ 1—7, 6-10-2013; Ord. No. 2018-04, § 1, 8-13-2018; Ord. No. 2022-09, § 1, 11-14-2022; 2024-01, § 1, 2-12-2024)

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(a)

Permitted uses. Unless otherwise specifically set forth, wherever a permitted use is named as a major category for a zoning district in this division, it shall be deemed to include all and only those itemized uses under the major category. No building or tract of land shall be devoted to any use other than a use permitted hereafter in the zoning district in which such building or tract of land shall be located, with the exception of the following:

(1)

Uses lawfully established on the effective date of the ordinance from which this article is derived. Uses already established on the effective date of the ordinance from which this article is derived and rendered nonconforming by the provisions thereof shall be subject to the regulations of article F.

(2)

Conditional uses, allowed in accordance with this article.

(b)

Conditional uses. Conditional uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of division 6, subdivision III of thisarticle. Unless otherwise specifically set forth, wherever a conditional use is named as a major category in this article, it shall be deemed to include all and only those itemized uses listed under the district category.

(c)

Lot size requirements. Lot size requirements shall be as specified under each zoning district. In addition, the following regulations shall be complied with:

(1)

No use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance from which this article is derived which is of less area or less width than prescribed in this division for such use in the zoning district in which it is to be located.

(2)

In a residence district on a lot of record on the effective date of the ordinance from which this article is derived, a single-family dwelling may be established regardless of the size of the lot, provided that all other requirements of this article are met.

(3)

No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(4)

Lot width shall be measured within the first 30 feet of lot depth in back of the required front yard.

(d)

Yard requirements.

(1)

Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations indicated in this division and shall be unobstructed from the ground level to the sky, except as specifically excepted in this article.

(2)

All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building.

(3)

Where more than 30 percent of the frontage on one side of a duly recorded subdivided block is occupied by residences on the effective date of the ordinance from which this article is derived, a majority of such residences having observed or conformed to an average setback line with a variation of no more than six feet, no building shall thereafter be erected or structurally altered so as to project beyond such average setback line.

(e)

Building bulk limitations.

(1)

Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height, or in terms of floor area ratio. Single-family and two-family residences are regulated on the basis of maximum building height, whereas all other uses, in all districts, must comply with the floor area ratio limitations prescribed in each zoning district.

(2)

The floor area ratio requirements shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

(f)

Residential building orientation requirements. The architectural front of any principal residential building must face the front yard of the lot.

(Ord. No. 2004-04, § 1, 7-12-2004)

The following uses are permitted in the R-1 single-family residence district:

(1)

Single-family detached dwelling, but all new construction shall have a garage.

(2)

Cemeteries.

(3)

Educational (nonboarding) and cultural institutions as follows:

a.

Elementary and nursery schools.

b.

Junior or senior high schools.

c.

Public libraries and public art galleries.

d.

Public museums.

(4)

Recreational and social facilities:

a.

Athletic fields, noncommercial.

b.

Golf courses, but not golf driving ranges, pitch and putt, or miniature golf courses.

c.

Grounds of recreational clubs, noncommercial.

d.

Parks and playgrounds.

e.

Recreational buildings and community centers, noncommercial.

f.

Swimming pools, noncommercial.

g.

Tennis clubs and courts.

(5)

Religious institutions, as follows:

a.

Churches, chapels, temples, and synagogues.

b.

Convents, seminaries, monasteries, and nunneries.

c.

Rectories, parsonages, and parish houses.

d.

Religious retreats.

(6)

Signs, as regulated hereunder.

(7)

Accessory uses and buildings incidental to and on the same zoning lot as a principal use, as follows:

a.

Agricultural buildings and structures.

b.

Athletic fields and playgrounds.

c.

Boathouses, private.

d.

Clubhouses and other structures on the grounds of private clubs, golf courses, and tennis clubs.

e.

Garages and carports.

f.

Greenhouses and conservatories, private.

g.

Guest houses, private.

h.

Home occupations.

i.

Living quarters, detached—for persons employed on the premises if occupied only by such persons and their immediate family.

j.

Roadside stands—for the display and sale of agricultural products on zoning lots where the principal use is agriculture.

k.

Sewage disposal units, individual.

l.

Stadiums and grandstands in athletic fields.

m.

Storage of building materials and equipment, and temporary buildings for construction purposes—for a period not to exceed the duration of such construction.

n.

Swimming pools and tennis courts, private.

o.

Temporary real estate tract offices—for the purpose of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two years.

p.

Tool houses, sheds, and other similar buildings for the storage of domestic supplies.

q.

Water systems, individual.

The following conditional uses may be allowed in the R-1 district, subject to the provisions of division 6, subdivision III of this article:

(1)

Airports and commercial heliports, including aircraft landing fields, runways, flight strips and flying schools, together with hangars, terminal buildings and other auxiliary facilities.

(2)

Educational institutions and boarding institutions, as follows:

a.

Colleges, junior colleges, and universities, including fraternity and sorority houses, dormitories and other structures and facilities necessary to the operation of a college or university, but not business colleges and trade schools.

b.

Nursery, elementary and junior and senior high schools, boarding facilities as well.

(3)

Excavations for specified purposes, as follows:

a.

Artificial lakes.

b.

Borrow pits.

c.

Topsoil removal.

(4)

Health and medical institutions, as follows:

a.

Convalescent, nursing and rest homes.

b.

Care giving institutions.

(5)

Philanthropic and charitable institutions.

(6)

Planned developments, residential, in accordance with subdivision XVIII of this division.

(7)

Public utility and service uses, as follows:

a.

Electric substations.

b.

Fire stations.

c.

Natural gas regulator stations.

d.

Police stations.

e.

Other municipal, town and county buildings.

f.

Railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes.

g.

Sewage treatment plants for the community.

h.

Telephone exchanges, telephone transmission equipment.

i.

Waterworks, reservoirs, pumping stations and filtration plants.

(8)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(a)

Permitted uses. For each principal permitted use located in the R-1 district, a lot shall be provided in accordance with the requirements of the following table:

(b)

Conditional uses. For each principal conditional use located in the R-1 district, a lot shall be provided in accordance with the requirements of the following table:

(c)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of the R-1 district as provided in this section; except, however, as indicated for the following accessory uses:

(a)

Permitted uses. For each principal permitted use located in the R-1 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

*Plus one foot for each two feet by which the building height exceeds 15 feet.

(b)

Conditional uses. For each principal conditional use located in the R-1 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

*Plus one foot for each two feet by which the building or structure height exceeds 15 feet.

(c)

Accessory buildings. Except as indicated below, the yard requirements of the principal uses in the R-1 district shall apply to their accessory buildings:

_____

Any use permitted in the R-1 district may be used in the R-2 district, except that construction of a garage shall be optional.

Any use may be allowed as a conditional use in the R-1 district may be allowed in the R-2 district, subject to the provisions of division 6, subdivision III of this article, except house trailer parks.

(a)

Permitted uses. For each principal permitted use located in the R-2 district, a lot shall be provided in accordance with the requirements of the following table:

(b)

Conditional uses. Lot size requirements for conditional uses allowed in the R-2 district shall be as specified in the R-1 district.

(c)

Accessory uses. Lot size requirements for accessory uses in the R-2 district shall be as specified in the R-1 district.

_____

(a)

Permitted uses. For each principal permitted use located in the R-2 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

* Twenty percent of the lot depth, whichever is less.

**Plus one foot for each two feet by which the building height exceeds 15 feet.

_____

(b)

Conditional uses. For each principal conditional use located in the R-2 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the R-1 district.

(a)

Permitted uses. Permitted uses in the R-2 district are as follows:

(b)

Conditional uses. Conditional uses in the R-2 district are as follows:

(c)

Accessory uses. In the R-1 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot, as specified for the principal uses in subsections (a) and (b) of this section. However, any floor area devoted to off-street parking or loading facilities in the R-2 district shall be exempt from floor area ratio requirements.

(a)

Any use permitted in the R-1 district may be permitted in the R-3 district except that single-family residential dwellings shall have a garage.

(b)

Duplexes may be permitted in the R-3 district, but all new construction shall have a garage.

(Code 1986, § 10-1-27(a); Ord. No. 92-2, § 2, 3-9-1992)

Conditional uses permitted in the R-3 district are bed and breakfast establishments.

(a)

Permitted uses. For each principal permitted use located in the R-3 district, a lot shall be provided in accordance with the requirements of the following table:

(b)

Conditional uses. For each principal conditional use located in the R-3 district, a lot shall be provided in accordance with the requirements of the following table:

(c)

Accessory uses. Lot size requirements for accessory uses in the R-3 district shall be as specified in the R-1 district.

(a)

Permitted uses. For each principal permitted use located in the R-3 district, a front yard, two side yards, and a rear yard shall be provided each of which shall be not less than the amount stipulated in the following table:

* Twenty percent of the lot depth, whichever is less.

**Plus one foot for each two feet by which the building height exceeds 15 feet.

(b)

Conditional uses. For each principal conditional use located in the R-3 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

*Plus one foot for each two feet by which the building height exceeds 15 feet.

_____

(c)

Accessory uses. Yard requirements for accessory buildings shall be as specified in the R-2 district.

(a)

Permitted uses. Permitted uses in the R-3 district are as follows:

(b)

Conditional uses. Conditional uses in the R-3 district are as follows:

(c)

Accessory uses. In the R-3 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot, as specified for the principal uses in section 42-220(a) and (b). However, any floor area devoted to off-street parking or loading facilities shall be exempt from floor area ratio requirements.

Permitted uses in the R-4 district are as follows:

(1)

Single-family dwellings, except that all new construction shall have a garage.

(2)

Duplexes, except that all new construction shall have a garage.

(3)

Apartment hotels.

(4)

Multiple-family dwellings, except that all new construction shall have a garage or carport.

(5)

Boardinghouses, lodginghouses, and roominghouses.

(6)

Educational and cultural institutions, nonboarding.

(7)

Recreational and social facilities.

(8)

Religious institutions.

(9)

Only the following accessory uses and buildings incidental to, and on the same zoning lot as a principal use, shall be permitted in the R-4 district:

a.

Athletic fields and playgrounds.

b.

Boathouses, private, but not accessory to dwelling units other than single-family.

c.

Clubhouses and other structures on the grounds of private clubs, golf courses and tennis clubs.

d.

Garages and carports.

e.

Greenhouses and conservatories, private, but not accessory to dwellings having less than 5,000 square feet of lot area per dwelling unit.

f.

Stadiums and grandstands in athletic fields.

g.

Home occupations.

h.

Storage of building materials and equipment, and temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

i.

Swimming pools and tennis courts, private.

j.

Temporary real estate tract offices for the purposes of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two years.

k.

Tool houses, sheds and other similar buildings for the storage of domestic supplies.

(Code 1986, § 10-1-28(a); Ord. No. 92-2, § 3, 3-9-1992)

The following conditional uses may be allowed in the R-4 district, subject to the provisions of division 6, subdivision III of this article:

(1)

Clubs and lodges, private.

(2)

Educational institutions, boarding.

(3)

Health and medical institutions.

(4)

Philanthropic and charitable institutions.

(5)

Planned developments, residential.

(6)

Public utility and service uses.

(7)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(8)

Bed and breakfast establishments.

(9)

Business and professional offices.

(Ord. No. 2005-08, § 1, 9-12-2005)

(a)

Permitted uses. For each principal permitted use located in the R-4 district, a lot shall be provided in accordance with the requirements of the following table:

*However, in no case shall the lot area be less than 7,200 square feet.

(b)

Conditional uses. For each principal conditional use located in the R-4 district, a lot shall be provided in accordance with the requirements of the following table:

(c)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of the R-4 district; except, however, as indicated for the following accessory uses:

_____

(a)

Permitted uses. For each principal permitted use located in the R-4 district, a front yard, two side yards, and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

  *Plus one foot for each three feet by which the building height exceeds 25 feet.

 **Plus one foot for each two feet by which the building height exceeds 15 feet.

***Plus one foot for each five feet by which the building height exceeds 25 feet.

(b)

Conditional uses. For each principal conditional use located in the R-4 district, a front yard, two side yards and a rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

*Plus one foot for each two feet by which the building height exceeds 15 feet.

(c)

Accessory buildings. Except as indicated below, the yard requirements of the principal uses shall apply to their accessory buildings.

_____

(a)

Permitted uses. For each permitted use in the R-4 district the ratio of the floor area of the principal buildings to the lot area shall not exceed that stipulated in the following table:

(b)

Conditional uses. For each conditional use in the R-4 district the ratio of the floor area of the principal buildings to the lot area shall not exceed that stipulated in the following table:

(c)

Accessory uses. In the R-4 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot, as specified for the principal uses in section 42-245(a) and (b). However, any floor area devoted to off-street parking or loading facilities shall be exempt from floor area ratio requirements.

The following uses are permitted in the R-5 district:

(1)

Single-family dwellings, except that all new construction shall have a garage.

(2)

Parks, campgrounds and open spaces.

(3)

Agriculture and general farming except farms feeding offal or garbage and mink farming.

(4)

Livestock raising.

(5)

Truck farming.

(6)

Forestry.

(7)

Poultry raising.

(8)

Golf courses.

(9)

Cemeteries.

(Code 1986, § 10-1-29(a); Ord. No. 92-2, § 4, 3-9-1992)

The following conditional uses may be allowed in the R-5 district, subject to the provisions of division 6, subdivision III of this article:

(1)

Educational (nonboarding) and cultural institutions:

a.

Elementary and nursery schools.

b.

Junior or senior high schools.

c.

Public libraries and public art galleries.

d.

Public museums.

e.

Trade association training centers.

(2)

Recreational and social facilities:

a.

Athletic fields, noncommercial.

b.

Golf courses, but not golf driving ranges, pitch and putt or miniature golf courses.

c.

Grounds of recreational clubs, noncommercial.

d.

Parks and playgrounds.

e.

Recreational buildings and community centers, noncommercial.

f.

Swimming pools, noncommercial.

g.

Tennis clubs and courts.

(3)

Religious institutions, as follows:

a.

Churches, chapels, temples and synagogues.

b.

Convents, seminaries, monasteries and nunneries.

c.

Rectories, parsonages and parish houses.

d.

Religious retreats.

(4)

Signs, as regulated under division 8 of this article.

(5)

Accessory uses and buildings incidental to and on the same zoning lot as a principal use, as follows:

a.

Agricultural buildings and structures.

b.

Athletic fields and playgrounds.

c.

Boathouses, private.

d.

Clubhouses and other structures on the grounds of private clubs, golf courses and tennis clubs.

e.

Garages and carports.

f.

Greenhouses and conservatories, private.

g.

Guesthouses, private.

h.

Home occupations.

i.

Living quarters, detached, for persons employed on the premises if occupied only by such persons and their immediate family.

j.

Roadside stands, for the display and sale of agricultural products on zoning lots where the principal use is agricultural.

k.

Sewage disposal units, individual.

l.

Stables, private (noncommercial).

m.

Stadiums and grandstands in athletic fields.

n.

Storage of building materials and equipment, and temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

o.

Swimming pools and tennis courts, private.

p.

Temporary real-estate tract offices, for the purpose of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two years.

q.

Tool houses, sheds and other similar buildings for the storage of domestic supplies.

r.

Water systems, individual.

(6)

Airports and commercial heliports, including aircraft landing fields, runways, flight hangars, terminal buildings and other auxiliary facilities.

(7)

Excavations for specified purposes, as follows:

a.

Artificial lakes.

b.

Borrow pits.

c.

Topsoil removal.

(8)

Health and medical institutions, as follows:

a.

Convalescent, nursing and rest homes.

b.

Hospitals and sanitariums, but not including institutions for the care or treatment of the insane, feeble-minded, alcoholic or drug addict patients.

c.

Institutions for the care of the aged and for children.

(9)

Manufactured home parks, subject to other provisions of this Code of Ordinances.

(10)

Philanthropic and charitable institutions.

(11)

Planned developments, residential, in accordance with subdivision XVIII of this division.

(12)

Public utility and service uses, as follows:

a.

Electric substations.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Other municipal, town and county buildings.

f.

Post offices.

g.

Railroad passenger stations.

h.

Railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes.

i.

Sewage treatment plants, community.

j.

Telephone exchanges, telephone transmission-equipment buildings and microwave relay towers.

k.

Waterworks, reservoirs, pumping stations and filtration plants.

(13)

Taverns.

(14)

Mink farms.

(15)

Landfills, disposal areas, incinerators and sewage treatment plants.

(16)

Service stations.

(17)

Resorts.

(18)

Commercial rental storage buildings.

(Ord. No. 2014-01, § 1, 8-11-2014)

(a)

Permitted uses. For each principal permitted use located in the R-5 district, a lot shall be provided in accordance with the requirements of the following table:

_____

(b)

Conditional uses. For each principal conditional use located in the R-5 district, a lot shall be provided in accordance with the requirements of the following table:

(c)

Accessory buildings. The yard requirements of the principal uses in the R-5 district shall apply to their accessory buildings.

(Ord. No. 2014-01, § 2, 8-11-2014; Ord. No. 2024-02, § 1, 4-8-2024)

(a)

Permitted uses. For each principal permitted use located in the R-5 district, a front yard, two side yards, and rear yard shall be provided, each of which shall be not less than the amount stipulated in the following table:

(b)

Conditional uses. For each principal conditional use located in the R-5 district, a front yard, two side yards and a rear yard shall be provided, each of which shall not be less than the amount stipulated in the following table:

(c)

Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of the R-5 district as provided in section 42-268(a) and (b).

(Ord. No. 2014-01, § 3, 8-11-2014)

_____

(a)

Permitted uses. Permitted uses in the R-5 district are as follows:

(b)

Conditional uses. Conditional uses in the R-5 district are as follows:

(c)

Accessory uses. In the R-5 district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted in the zoning lot, as specified for the principal uses in subsections (a) and (b) of this section. However, any floor area devoted to off-street parking or loading facilities shall be exempt from floor area ratio requirements.

(Ord. No. 2014-01, § 4, 8-11-2014)

The B-1 neighborhood shopping district is designed for the shopping convenience of persons residing in adjacent residential areas, and to permit only such uses as are necessary to satisfy those basic shopping needs which occur daily or frequently and so require shopping facilities in relative proximity to places of residence.

Uses permitted in the B-1 district are subject to the following conditions:

(1)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(2)

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

(3)

Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.

(4)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this division shall be limited to vehicles of not over 1½ tons capacity when located within 150 feet of a residence district boundary line.

The following uses are permitted in the B-1 districts:

(1)

Single-family dwellings.

(2)

Art and school supply stores.

(3)

Barber shops.

(4)

Beauty parlors.

(5)

Candy and ice cream stores.

(6)

Clothes pressing establishments.

(7)

Currency exchanges.

(8)

Drugstores.

(9)

Dry cleaning and laundry receiving stations, processing to be done elsewhere.

(10)

Foodstores, grocery stores, meat markets, fish markets, bakeries and delicatessens.

(11)

Hardware, domestic appliance and paint and wallpaper stores.

(12)

Launderettes, automatic, self-service only, or hand laundries, employing not more than two persons in addition to one owner or manager.

(13)

Liquor stores, package goods only.

(14)

Newspaper distribution agencies for home delivery and retail trade.

(15)

Restaurants, not including entertainment, dancing and serving of alcoholic beverages.

(16)

Shoe, clothing and hat repair stores.

(17)

Signs, as regulated under division 8 of this article.

(18)

Telephone booths and coin telephones.

(19)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(20)

Variety stores.

(21)

Wearing apparel shops.

(22)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

The following conditional uses may be allowed in the B-1 district, subject to the provisions of division 6, subdivision III of this article:

(1)

Automobile service stations.

(2)

Parking lots, open and other than accessory, for the storage of private passenger automobiles.

(3)

Parks.

(4)

Planned developments, business.

(5)

Public utility and service uses as follows:

a.

Bus terminals, bus turnarounds (off-street), bus garages or bus lots.

b.

Electric substations.

c.

Fire stations.

d.

Gas regulator stations.

e.

Police stations.

f.

Post offices.

g.

Radio and television towers.

h.

Railroad passenger stations.

i.

Railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes.

j.

Telephone exchanges, telephone transmission equipment buildings, and microwave relay towers.

k.

Waterworks, reservoirs, pumping stations and filtration plants.

(6)

Signs in excess of 30 feet in height from curb level.

(7)

Signs set back less than 15 feet from the front lot line.

(8)

Taverns and bars.

(9)

Accessory uses, incidental to, and on the same zoning lot as a principal use.

(a)

In the B-1 district there shall be provided not less than 2,000 square feet of lot area for each business establishment.

(b)

Single-family dwellings shall be located on lots of not less than 7,200 square feet in area.

(a)

Residential yards. Single-family dwellings on residential lots shall provide front, side, and rear lots in accordance with the yard requirements established in the R-3 district. For dwellings located above business establishments, there shall be provided side and rear yards equivalent to those established in the R-2 district. Such yards shall begin at a level no higher than the level of the finished floor of the dwelling.

(b)

Front yard. Business uses allowed in the B-1 district shall provide a front yard not less than 30 feet in depth.

(c)

Transitional yards. In the B-1 district the minimum transitional yard requirements shall not be less than those specified below:

(1)

Where a side lot line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such side lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this article for a residential use on the adjacent residential lot.

(2)

Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this article for a residential use on the adjacent residential lot.

(3)

Where a rear lot line coincides with a rear lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than that which would be required for a residential use on the adjacent residential lot.

(4)

Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this article on such adjacent residential lot shall be provided along such front or side lot lines.

In the B-1 districts the floor area ratio shall not exceed 0.80.

The B-2 community service district is designed to accommodate the needs of a larger consumer population than is served in the neighborhood shopping district; thus, a wider range of services and goods is permitted for both daily and occasional shopping and service needs.

Uses permitted in the B-2 district are subject to the following conditions:

(1)

Business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are not established.

(2)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(3)

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

(4)

Establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles are permitted only by conditional use permit.

(5)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this subdivision shall be limited to vehicles of not over 1½ tons capacity when located within 150 feet of a residence district boundary line.

Any use permitted in the B-1 district, with the exception of dwellings on solely residential lots, shall be permitted in the B-2 district; and, in addition, the following uses shall be permitted:

(1)

Antique shops.

(2)

Art shops or galleries, but not including auction rooms.

(3)

Automobile accessory stores.

(4)

Banks and financial institutions.

(5)

Bicycle sales and rental.

(6)

Bicycle repair stores.

(7)

Blueprinting and photostating establishments.

(8)

Book and stationery stores.

(9)

Business machine sales and service.

(10)

Camera and photographic supply stores.

(11)

Carpet and rug stores, retail sales only.

(12)

Catering establishments.

(13)

China and glassware stores.

(14)

Clubs and lodges, nonprofit and fraternal.

(15)

Coin and philatelic stores.

(16)

Custom dressmaking.

(17)

Department stores.

(18)

Dry cleaning establishments.

(19)

Dry goods stores.

(20)

Dwellings above the ground floor.

(21)

Electrical and household appliance stores, including radio and television sales.

(22)

Employment agencies.

(23)

Florist shops.

(24)

Frozen food stores, including locker rental in conjunction therewith.

(25)

Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

(26)

Furrier shops, including the incidental storage and conditioning of furs.

(27)

Garden supply, tool and seed stores.

(28)

Gift shops.

(29)

Hobby shops, for retail or items to be assembled or used away from the premises.

(30)

Interior decorating shops, including upholstering and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the principal use.

(31)

Jewelry stores, including watch repair.

(32)

Leather goods and luggage stores.

(33)

Locksmith shops.

(34)

Medical and dental clinics.

(35)

Meeting halls.

(36)

Millinery shops.

(37)

Musical instrument sales and repair.

(38)

Offices, business and professional.

(39)

Office machine sales and servicing.

(40)

Office supply stores.

(41)

Optician sales, retail.

(42)

Orthopedic and medical appliance stores.

(43)

Pawn shops.

(44)

Pet shops.

(45)

Phonograph record and sheet music stores.

(46)

Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.

(47)

Physical culture and health services: gymnasiums, reducing salons, massage salons and public baths.

(48)

Picture framing, when conducted for retail trade on the premises only.

(49)

Plumbing and heating sales shops.

(50)

Post offices.

(51)

Produce markets.

(52)

Radio and television service, sales and repair shops.

(53)

Restaurants, including the serving of alcoholic beverages if incidental to the serving of food as the principal activity, but not including live entertainment or dancing.

(54)

Sewing machine sales and service, household appliances only.

(55)

Shoe stores.

(56)

Sporting goods stores.

(57)

Tailor shops.

(58)

Taverns, but not including live entertainment or dancing.

(59)

Taxidermists.

(60)

Telegraph offices.

(61)

Theaters, indoor.

(62)

Ticket agencies, amusement.

(63)

Tobacco shops.

(64)

Toy shops.

(65)

Travel bureaus and transportation ticket offices.

(66)

Undertaking establishments and funeral parlors.

(67)

Single-family homes.

(68)

Multiple-family housing and condominiums.

Any use allowed as a conditional use in the B-1 district shall be allowed in the B-2 district, subject to the provisions of division 6, subdivision III of this article, and in addition, the following:

(1)

Amusement establishments (indoor), including: bowling alleys, pool halls, dancehalls, swimming pools, skating rinks and places offering live entertainment and dancing.

(2)

Gasoline and automobile service stations.

(3)

Garages, for repair and servicing of motor vehicles.

(4)

Motor vehicle sales.

(5)

Parking garages or structures, other than accessory, for the storage of private passenger automobiles only.

(6)

Schools: music, dance, business, commercial or trade.

(7)

Signs in excess of 50 feet in height from the curb level.

(8)

Car washes.

(9)

Pet/reptile wholesale shops.

(10)

Light manufacturing of marine and truck products (including retail sales).

(11)

Light manufacturing of motor vehicle equipment and parts (including retail sales and service).

(12)

Light plastics manufacturing, including plastic containers and lids.

(13)

Woodworking and wood products (including retail sales).

(Ord. No. 2001-04, § 1, 5-14-2001; Ord. No. 2002-02, § 1, 3-1-2002)

In the B-2 district there shall be provided not less than 2,000 square feet of lot area for each business establishment, and for each dwelling unit on a lot there shall be provided 1,500 square feet of lot area, except that for one-bedroom and efficiency units the minimum lot area shall be 1,200 square feet per unit.

(a)

Residential yards. For dwelling units located above business establishments, there shall be provided side yards equivalent to those established in the R-4 district; the rear yard setback shall be 15 feet. Such yards shall begin at a level no higher than the level of the finished floor of the lowest dwelling unit.

(b)

Transitional yards. The regulations governing transitional yards in the B-1 district shall apply in the B-2 district.

In the B-2 district the floor area ratio shall not exceed 1.00.

The B-3 general commercial district is intended primarily to accommodate those commercial uses which are not compatible with the uses permitted in any other business district and, therefore, are not allowed therein.

Uses permitted in the B-3 district are subject to the following conditions:

(1)

Dwelling units and rooming units, other than those located in a hotel or motel or watchmen's quarters located on the premises where employed, are not permitted.

(2)

The parking of trucks as an accessory use, when used in the conduct of a permitted business, shall be limited to vehicles of not over 1½ tons capacity when located within 150 feet of a residence district boundary line.

Any use permitted in the B-2 district shall be permitted in the B-3 district, and, in addition, the following uses shall be permitted:

(1)

Amusement establishments, including: bowling alleys, pool halls, dancehalls, swimming pools, skating rinks, archery ranges, shooting galleries and similar amusement facilities.

(2)

Animal hospitals and kennels.

(3)

Auction rooms.

(4)

Boat showrooms.

(5)

Building materials and product sales.

(6)

Car washes.

(7)

Contractor or construction offices, shops and yards.

(8)

Exterminating shops.

(9)

Farm implement sales.

(10)

Feed and seed stores.

(11)

Fuel and ice sales.

(12)

Reserved.

(13)

Greenhouses and nurseries.

(14)

Hotels and motels.

(15)

Laboratories, medical and dental.

(16)

Laundries: rooms containing the laundering process (washing, drying, ironing and wrapping) shall not exceed a total of 2,400 square feet in area.

(17)

Machinery sales.

(18)

Model homes and garage displays.

(19)

Motor vehicle and house trailer sales.

(20)

Parking garages or structures.

(21)

Restaurants and taverns, live entertainment and dancing permitted.

(22)

Schools: music, dance, business, commercial or trade.

(23)

Warehousing and wholesale establishments, and storage other than accessory to permitted retail uses.

(Ord. No. 2011-02, § 1, 2-14-2011)

Any use allowed as a conditional use in the B-2 district shall be allowed in the B-3 district (unless already permitted in section 42-443), subject to the provisions of division 6, subdivision III of this article, and in addition, the following:

(1)

Amusement parks, including: permanent carnivals, kiddie parks, golf driving ranges, pitch and putt, miniature golf courses, and other similar outdoor amusement facilities.

(2)

Cartage and express facilities.

(3)

Printing and publishing.

(4)

Riding academies and commercial stables.

(5)

Stadiums, auditoriums and arenas, open or enclosed.

(6)

Theaters, drive-ins.

(7)

Steel and aluminum servicing and processing (including cutting and punching of materials).

(8)

Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.

(9)

Stone fabrication shop (including sawing, splitting and finishing natural stone materials).

(Ord. No. 2009-08, § 1, 11-23-2009; Ord. No. 2011-02, § 2, 2-14-2011; Ord. No. 2018-01, § 1, 2-12-2018)

No building or structure in the B-3 district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall, fence, or densely planted compact hedge, not less than five feet nor more than eight feet in height; in the event of such screening, the transitional yard requirements specified in the B-1 district shall apply in the B-3 district.

In the B-3 district the floor area ratio shall not exceed 1.00.

The B-4 central business district is designed to foster a strong viable downtown area as a commercial, civic, residential and cultural center. The district provides a mix of traditional downtown uses that are consistent with the vision for the area as expressed in the comprehensive plan, including retail, entertainment, offices, services, government facilities, residential and mixed-use developments.

(Ord. No. 2022-12, § 1, 11-14-2022)

(a)

Dwelling unit(s) may be allowed above the ground floor of a permitted commercial use, provided that such dwelling unit(s) is distinctly and physically separate from the nonresidential uses(s) in the building.

(b)

All business, servicing or processing, except off-street parking, off-street loading, or such drive-in facilities as are specifically authorized in this subdivision, shall be conducted within completely enclosed buildings.

(c)

Single-family detached dwellings are permitted only by conditional use permit.

(d)

Single-family attached townhouse dwellings constructed in a group of three dwelling units up to a maximum of six attached dwelling units per building are permitted only by conditional use permit.

(Ord. No. 2005-05, §§ 1, 2, 7-25-2005; Ord. No. 2022-12, § 2, 11-14-2022)

Any use permitted in the B-2 district shall be permitted in the B-4 district, with the exception of dwellings and automobile service stations, and, in addition, the following uses shall be permitted:

(1)

*Blueprinting and photostating.

(2)

*Clothing and costume rental stores.

(3)

Drive-in banks and other financial institutions.

(4)

Hotels and motels.

(5)

Machinery sales, with no repair or servicing, provided that the storage and display of machinery, except of household appliances and office machines, shall be restricted to floor samples.

(6)

*Physical culture and health services: gymnasiums and reducing salons.

(7)

*Recording studios.

(8)

Restaurants, including live entertainment and dancing, with the serving of liquor in conjunction therewith.

(9)

*Restricted production and repair, limited to the following: art needlework; clothing, custom manufacturing and alterations, for retail only; jewelry from precious metals; watches; dentures; and optical lenses.

(10)

*Schools: music, dance, business and trade, when not involving any danger of fire or explosion, nor offensive noise, vibration, smoke, dust, odor, glare, heat or other objectionable influences.

(11)

*Warehousing and wholesale establishments and storage other than accessory to permitted retail uses.

Any use allowed as a conditional use in the B-1 district shall be allowed in the B-4 district (unless already permitted in section 42-468), subject to the provisions of division 6, subdivision III of this article, and in addition, the following:

(1)

Auction rooms.

(2)

Convention and exhibition halls.

(3)

Parking lots, garages or structures, other than accessory, for the storage of private passenger automobiles only.

(4)

Radio and television stations and studios.

(5)

Signs in excess of 50 feet in height from the curb level.

(6)

Motor vehicle sales.

(7)

Single-family detached dwellings, but all new construction shall have a garage.

(8)

Single-family attached townhouse dwellings constructed in a group of three dwelling units up to a maximum of six attached dwelling units per building, but all new construction shall have a garage.

(Ord. No. 2002-05, § 1, 6-10-2002; Ord. No. 2005-05, § 3, 7-25-2005; Ord. No. 2022-12, § 3, 11-14-2022)

(a)

Residential yards. For dwellings located on residential use lots, there shall be provided side yards equivalent to those established in the R-4 district; the rear yard setback shall be 15 feet.

(b)

Transitional yards. The regulations governing transitional yards in the B-1 district shall apply in the B-4 district.

(Ord. No. 2022-12, § 4, 11-14-2022)

(a)

In the B-4-1 district, the floor area ratio shall not exceed 4.0; however, where building floors which meet the established basic floor area ratio of 4.0 are set back from one or more lot lines, floor area ratio premiums may be added to such basic floor area ratio in accordance with each one of the following:

(1)

On any zoning lot where the first story above grade is set back at least 20 feet from the lot line for the entire frontage of the zoning lot on a public street a premium of 0.5 for each such street setback may be added to the basic floor area ratio, provided that the lot area within such 20-foot setback shall be suitably paved and/or landscaped and otherwise unobstructed except for columns or piers supporting upper stories or a roof. However, if in addition to the first story, all other stories above grade shall be so set back for at least 20 feet, such premium may be increased to 1.0 for such street setback.

(2)

On any zoning lot where the building from ground level up is set back from one or more lot lines, a premium equal to three times the open area of the lot at ground level divided by the gross lot area may be added to the basic floor area ratio; such open area shall include all lot area at ground level open directly to the sky and extending between exterior building walls and lot lines for a distance of at least eight feet.

(3)

On any zoning lot, for each floor above the ground floor which is set back from one or more lot lines a premium equal to 0.3 times the open area of the lot at the level of such floor divided by the gross lot area may be added to the basic floor area ratio; such open area shall include all area open directly to the sky and extending between exterior building walls and lot lines in a horizontal plane containing the subject floor for a distance of at least eight feet.

(b)

In the B-4-2 district, the floor area ratio shall not exceed 8.0; however, where building floors which meet the established basic floor area ratio of 8.0 are set back from one or more lot lines, floor area ratio premiums may be added to such basic floor area ratio in accordance with each one of the following:

(1)

On any zoning lot where the first story above grade is set back at least 20 feet from the lot line for the entire frontage of the zoning lot on a public street a premium of 1.0 for each such street setback may be added to the basic floor area ratio, provided that the lot area within such 20-foot setback shall be suitably paved and/or landscaped and otherwise unobstructed except for columns or piers supporting upper stories or a roof. However, if in addition to the first story, all other stories above grade shall be so set back for at least 20 feet, such premium may be increased to 2.0 for such street setback.

(2)

On any zoning lot where the building from ground level up is set back from one or more lot lines, a premium equal to four times the open area of the lot at ground level divided by the gross lot area may be added to the basic floor area ratio; such open area shall include all lot area at ground level open directly to the sky and extending between exterior building walls and lot lines for a distance of at least eight feet.

(3)

On any zoning lot, for each floor above the ground floor which is set back from one or more lot lines a premium of equal to 0.5 times the open area of the lot at the level of such floor divided by the gross lot area may be added to the basic floor area ratio; such open area shall include all area open directly to the sky and extending between exterior building walls and lot lines in a horizontal plane containing the subject floor for a distance of at least eight feet.

(c)

No floors exceeding the basic floor area ratio limits of 4.0 and 8.0, respectively, and added to a building by virtue of unused basic floor area ratio or by virtue of floor area ratio premiums shall in turn serve as a basis for creating additional premiums.

General application. Please see the "Design Recommendations for Mosinee's Downtown Business District" booklet for illustrations and additional recommendations, which may be helpful in guiding you in your signage design.

(1)

Area: The gross area in square feet of all signs on a zoning lot shall not exceed 24 square feet.

(2)

Projection: No sign shall project more than five feet into the public right of way.

(3)

Height: No sign shall project higher than 20 feet above curb level, except as may be provided by conditional use.

(4)

Amount: One (1) sign, which hands away from the building into the public right-of-way and one sign affixed flat to a building's surface shall be permitted per business, per building facade. If more than one business exists per building, two signs may be permitted per building facade.

(5)

Material: All exterior business and building signage shall be of painted or stained wood, or of a material that simulates painted or stained wood.

(6)

Illuminated signs: No internally illuminated signs will be permitted on the exterior of buildings used for business purposes within the city's downtown central business district. Exterior signs shall be illuminated by means similar to that shown in "Design Recommendations for Mosinee's Downtown Business District." This includes neon signage and any signage that has its own light source. The idea of this section is to provide lighting that is consistent with the concept of Early Mosinee. Internally illuminated signs, such as neon signs are permitted inside of the building in windows for businesses which are open during any evening hours, but may not exceed three square feet per window.

(7)

Approval: The design (or drawing) for new signage in the central business district must be submitted to the Mosinee BID advisory committee for review for compliance with the sign code. The Mosinee BID committee shall submit the drawing with a recommendation to the common council within 14 days. The owner/designee shall then submit a written building permit obtained from the city clerk's office.

(8)

Colors: The color of the signage should be compatible with exterior colors of the storefront. Color schemes should be kept simple. Day-glow paints or colors are not permitted.

(9)

Movable signs: Motorized or movable signs are not permitted within the BID district.

(10)

Location: Projecting signs should be located so they do not visually cancel each other out. Projecting signs should be located in a location so as not to interfere with the composition of the existing building facade.

(11)

Content: Signs shall bear thereon no lettering other than to indicate the name and kind of business conducted in the building or structure, such as "men's clothing," "drugs," "jeweler," and the like and the year the business was established and the street number thereof. No sign shall advertise any particular article of merchandise.

(Ord. No. 98-6, § 1, 7-13-98)

The M-1 limited industrial district is designed to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards, or that require a pleasant, hazard-and-nuisance-free environment.

Uses permitted in the M-1 district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.

(2)

All business, servicing or processing, except for off-street parking and off-street loading or establishments of the drive-in type offering goods or services directly to customers waiting in parked motor vehicles, shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

(3)

All storage within 500 feet of a residence district, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet or more than eight feet in height.

The following uses are permitted in the M-1 district:

(1)

Bakeries.

(2)

Bedding manufacturing.

(3)

Boot and shoe manufacturing.

(4)

Building materials sales and storage.

(5)

Carpet manufacturing.

(6)

Cartage and express facilities.

(7)

Cloth products manufacturing.

(8)

Contractors, architects and engineers offices, shops and yards.

(9)

Cosmetics production.

(10)

Dairy products.

(11)

Dwellings for watchmen and their families, located on the premises where they are employed in such capacity.

(12)

Electronic and scientific precision instruments.

(13)

Feed and seed sales.

(14)

Fuel and ice sales.

(15)

Fur processing.

(16)

Garages, for storage, repair and servicing of motor vehicles.

(17)

Glass products.

(18)

Greenhouses, wholesale.

(19)

Insulating materials manufacture.

(20)

Laboratories, research and testing.

(21)

Laundries.

(22)

Light machinery production, appliances, business machines, etc.

(23)

Lithographing.

(24)

Lodges and offices of labor organizations.

(25)

Medical and dental clinics.

(26)

Musical instruments manufacture.

(27)

Orthopedic and medical appliance manufacture.

(28)

Parking lots, other than accessory.

(29)

Pottery and ceramics manufacture.

(30)

Printing and publishing.

(31)

Public utility and service uses.

(32)

Radio and television stations and towers.

(33)

Restaurants.

(34)

Rope, cord and twine manufacture.

(35)

Signs, as regulated under division 8 of this article.

(36)

Sporting goods manufacture.

(37)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(38)

Trade schools.

(39)

Wearing apparel manufacture.

(40)

Weighing stations, operated by the state.

(41)

Accessory uses, incidental to, and on the same lot as the principal use.

The following conditional uses may be allowed in the M-1 district, subject to the provisions of division 6, subdivision III of this article.

(1)

Airports and commercial heliports, including aircraft landing fields, runways, flight strips and flying schools, together with hangars, terminal buildings and other auxiliary facilities.

(2)

Air, railroad and water freight terminals, railroad switching and classification yards, repair shops and roundhouses.

(3)

Automobile laundries.

(4)

Food manufacture, packaging and processing.

(5)

Heliports, private.

(6)

Institutions for the care or treatment of alcoholics, drug addict patients or the mentally disturbed.

(7)

Paper products manufacture.

(8)

Parks and playgrounds.

(9)

Penal and correctional institutions.

(10)

Planned developments, industrial.

(11)

Recreation buildings or community centers.

(12)

Sewage treatment plants, municipal.

(13)

Signs in excess of 50 feet in height from the curb level.

(14)

Soap manufacture.

(15)

Stadiums, auditoriums and arenas, open or enclosed.

(16)

Theaters, automobile drive-in.

(17)

Warehousing and storage (nonhazardous products).

(18)

Woodworking and wood products.

(19)

Other manufacturing, processing, storage or commercial uses determined by the plan commission to be of the same general character as the uses permitted in section 42-493, and found not to be obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic or noxious matter, glare or heat, or fire or explosive hazards.

(20)

Accessory uses, incidental to, and on the same zoning lot as the principal use.

In the M-1 district, there shall be provided a front yard of not less than 30 feet in depth along every front lot line.

In the M-1 district, there shall be provided a side yard of not less than 30 feet in depth in every instance where the side property line is adjacent to a public street.

Where a side or rear lot line in an industrial district coincides with a side or rear lot line in an adjacent residence or business district, a yard shall be provided along such side or rear lot line on the industrial lot. Such yard shall be not less than 30 feet in depth.

(a)

In the M-1 district, on properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than 35 feet above curb level, such point projected vertically upon the ground shall, in no case, be nearer to the business or residence district boundary line than a horizontal distance equal to 1½ times the height of such point above curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing the same, shall be exempt from such limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to the street for any 100 feet of street frontage. Parapets not exceeding three feet in height shall also be exempt from such limitation.

(b)

In the M-1 district, on properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than 35 feet above curb level, the vertical projection of such point upon the ground shall, in no case, be nearer to the side or rear lot line of any property in the adjacent business or residence district than a horizontal distance equal to the height of such point above the curb level. However, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing the same, shall be exempt from such height limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to such business or residential lot line or lines for any 100 feet of length of such lot line or lines. Parapets not exceeding three feet in height shall also be exempt from such limitations.

In the M-1 district the floor area ratio shall not exceed 1.50.

The M-2 general industrial district is designed to accommodate large, relatively self-contained and isolated areas intended to be used for industrial activities whose potential nuisance or hazard generation is moderately high.

Uses permitted in the M-2 district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.

(2)

All business, servicing, production, processing or storage within 500 feet of a residence district, except motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.

The following uses are permitted in the M-2 district:

(1)

Any use permitted in the M-1 district.

(2)

Abrasives manufacture.

(3)

Asphalt products manufacture.

(4)

Automobile laundries.

(5)

Bottling companies.

(6)

Brick and structural clay products manufacture.

(7)

Chemical processing and manufacturing.

(8)

Reserved.

(9)

Electroplating.

(10)

Feed mills.

(11)

Food manufacture, packaging and processing.

(12)

Foundries and forge plants.

(13)

Grain storage and processing.

(14)

Graphite products manufacture.

(15)

Gypsum manufacture.

(16)

Heavy machinery production.

(17)

Leather tanning or processing.

(18)

Linoleum manufacturing.

(19)

Machine shop.

(20)

Meat packing.

(21)

Metal reduction and refinement.

(22)

Metal stamping.

(23)

Mining operations.

(24)

Motor freight terminals.

(25)

Paint products manufacture.

(26)

Paper products manufacture.

(27)

Petroleum products storage or processing.

(28)

Plastics manufacture.

(29)

Rubber processing or manufacture.

(30)

Sewage treatment plants, municipal.

(31)

Soap manufacture.

(32)

Steel manufacture.

(33)

Stone products manufacture.

(34)

Warehousing and storage.

(35)

Woodworking and wood products.

(Ord. No. 2006-02, § 1, 5-8-2006)

The following conditional uses may be allowed in the M-2 district, subject to the provisions of division 6, subdivision III of this article:

(1)

Any use allowed as a conditional use in the M-2 district, unless already permitted in section 42-523.

(2)

Landfill areas for dumping or disposal of garbage, refuse or trash.

(3)

Junkyards and auto graveyards.

(4)

Other manufacturing, processing or storage uses determined by the plan commission to be of the same general character as the uses permitted in section 42-523, and found not to be obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic or noxious matter, glare or heat, or fire or explosive hazards.

(5)

Physical culture and health services: gymnasiums and reducing salons.

(6)

Concrete mixing plants.

(Ord. No. 2002-09, § 1, 9-9-2002; Ord. No. 2006-02, § 2, 5-8-2006)

In the M-2 district, there shall be no front yard requirement.

In the M-2 district, there shall be no corner side yard requirement.

In the M-2 district, the regulations governing transitional yards in the M-1 district shall apply.

In the M-2 district, the regulations along residence and business district boundaries specified in the M-1 district shall apply.

In the M-2 district the floor area ratio shall not exceed 2.00.

(a)

Setback from intersecting highway. Buildings and structures shall be set back at least 80 feet from the right-of-way line of intersecting highways and 150 feet from the expressway. In case of unusual changes in alignment of the highway right-of-way line or unusual topographic conditions which would cause undue hardship in the application of this requirement, a variance for a lesser setback from the intersecting highway may be granted by the board of appeals.

(b)

Limitation of access. Access from abutting property to an intersecting highway shall be permitted only at designated access points. Such access points shall be located as follows:

(1)

There shall be no access points located within 1,000 feet of the most remote end of taper of any existing or proposed entrance or exit ramp of an interchange, or at intervals of less than 1,000 feet thereafter. A lesser distance may be permitted by the board of appeals upon prior written approval by a designated representative of the agency having jurisdiction over such highway.

(2)

To avoid dangerous off-set intersections, public streets along opposite sides of intersecting highways shall be located either directly opposite each other or separated by at least 300 feet of lateral distance along the highway centerline, or such greater lateral distance as required by the particular circumstances to permit safe traffic movement as determined by the agency having jurisdiction over the intersecting highway.

(3)

The access limitations established in subsection (b)(1) of this section, may be temporarily waived subject to the following conditions:

a.

A temporary access permit shall be obtained from the board of appeals. The board of appeals shall grant preliminary approval of such permit and shall forward the application and preliminary approval to the agency having jurisdiction over the intersecting highway, requesting issuance of any required driveway permit. Upon the issuance of such driveway permit, the board of appeals shall grant the temporary access permit.

b.

Use of access shall be limited to the use described in the application for the temporary access permit.

c.

Wherever practical, only one point of access for each two parcels, to be located at the common property line of adjoining parcels, shall be permitted.

d.

This access permit shall be temporary in nature and shall be revoked by the common council upon the construction of a frontage road or an alternative internal circulation system providing a reasonable alternate means of access or when deemed necessary in the public interest.

(a)

Purpose. The I-R interchange residence district is designed to protect the residential environment at interchanges and prevent conflict between highway traffic and residential access.

(b)

Permitted uses. Any use permitted in the R-1 district shall be permitted in the I-R district.

(c)

Conditional uses. The following conditional uses may be allowed in the I-R district, subject to the provisions of division 6, subdivision III of this article:

(1)

Health and medical institutions.

(2)

Philanthropic and charitable institutions.

(3)

Planned developments, residential.

(4)

Public utility and service uses.

(5)

Accessory uses.

(d)

Lot size requirements.

(1)

Permitted uses. Permitted uses in the I-R district shall be as follows:

(2)

Conditional uses. Conditional uses in the I-R district shall be as follows:

(3)

Accessory uses. Accessory uses in the I-R district shall be as follows:

_____

(e)

Yard requirements.

(1)

Permitted uses. Permitted uses in the I-R district shall be as follows:

 *Twenty percent of the lot depth, whichever is less.

**Plus one foot for each two feet by which the building height exceeds 15 feet.

(2)

Conditional uses. Conditional uses in the I-R district shall be as follows:

*Plus one foot for each two feet by which the building or structure height exceeds 15 feet.

(3)

Accessory buildings. Except as indicated, the yard requirements of the principal uses in the I-R district shall apply to their accessory buildings:

*Unless the entire structure is located on the rear 25 percent of the lot, in which case only three feet shall be required.

_____

(f)

Building bulk limitations.

(1)

Permitted uses. Permitted uses in the I-R district are as follows:

(2)

Conditional uses. Conditional uses in the I-R district are as follows:

(3)

Accessory uses. In the I-R district, the floor area of the accessory buildings shall be included in the total allowable floor area permitted on the zoning lot, as specified for the principal uses in subsection (f)(1) and (2) of this section. However, any floor area devoted to off-street parking or loading facilities shall be exempt from floor area ratio requirements.

(a)

Purpose. The I-B interchange business district is designed to ensure the desirable development of high-quality highway service facilities and related uses.

(b)

Permitted uses subject to conditions. Uses permitted in the I-B district are subject to the following conditions:

(1)

Dwelling units, other than those located in a hotel or motel or watchmen's quarters located on the premises where employes, are not permitted.

(2)

All business, servicing or processing, except off-street parking, off-street loading, or such drive-in facilities as are specifically authorized in this section, shall be conducted within completely enclosed buildings.

(c)

Permitted uses. The following uses are permitted in the I-B district:

(1)

Automobile service stations.

(2)

Drugstores, foodstores and other retail sales stores, limited in size to not more than 7,000 square feet of floor area per establishment.

(3)

Garages for service and repair of motor vehicles.

(4)

Hotels and motels.

(5)

Personal service establishments, including barber shops, beauty parlors, shoe and clothing repair stores and dry cleaning establishments.

(6)

Restaurants, including drive-in establishments.

(7)

Taverns and cocktail lounges, in conjunction with restaurants, hotels or motels.

(8)

Tourist information and hospitality centers.

(d)

Conditional uses. The following conditional uses may be allowed in the I-B district, subject to the provisions of division 6, subdivision III of this article:

(1)

Amusement establishments: bowling alleys, swimming pools and skating rinks.

(2)

Offices, business and professional.

(3)

Planned developments, business.

(4)

Shopping centers and retail establishments with no limit on floor area.

(5)

Warehousing and wholesale establishments, and storage other than accessory to permitted uses.

(6)

Motor vehicle sales.

(e)

Lot size requirements. In the I-B district there shall be provided not less than 12,000 square feet of lot area for each business establishment, and no such lot shall be less than 100 feet in width.

(f)

Yard requirements.

(1)

Front yard. All buildings and structures shall be set back at least 30 feet from the front lot line, except when fronting upon the intersecting highway, in which case the setback shall be 80 feet.

(2)

Interior side yard. Each interior side yard shall be at least 20 feet in depth.

(3)

Corner side yard. A corner side yard shall be not less than 30 feet in depth.

(4)

Rear yard. Each lot shall provide a rear yard not less than 30 feet in depth.

(5)

Transitional yard. No building or structure in the I-B district shall be located within 75 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district property by a wall, fence or densely planted compact hedge, not less than five feet nor more than eight feet in height.

(g)

Floor area ratio. In the I-B district, floor area ratio shall not exceed 0.5.

(Ord. No. 2002-12, § 1, 12-16-2002)

(a)

Purpose. The I-M interchange industrial district is designed to accommodate large, relatively clean industrial activities requiring freeway access and prestige frontage.

(b)

Permitted uses subject to conditions. Uses permitted in the I-M district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.

(2)

All business, servicing or processing shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

(3)

All storage within 500 feet of a residence district, except of motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.

(c)

Permitted uses. The following uses are permitted in the I-M district:

(1)

Any use permitted in the M-1 district.

(2)

The following retail or service business establishments, only when subordinate and incidental to, and on the same lot as, a permitted industrial use:

a.

Currency exchange.

b.

Drugstore.

c.

Foodstore.

d.

Restaurant.

(3)

Mail order houses.

(4)

Printing and publishing.

(5)

Accessory uses.

(d)

Conditional uses. The following conditional uses may be allowed in the I-M district, subject to the provisions of division 6, subdivision III of this article:

(1)

Motor freight terminals.

(2)

Planned developments, industrial.

(3)

Public utility and service uses.

(e)

Lot size requirements. In the I-M district each permitted or conditional use shall occupy at least 40,000 square feet of lot area; such lot shall be at least 150 feet in width.

(f)

Yard requirements.

(1)

Front yard. All buildings and structures shall be set back at least 50 feet from the front lot line.

(2)

Interior side yard. Each interior side yard shall be at least 25 feet in depth.

(3)

Corner side yard. A corner side yard shall be not less than 50 feet in depth.

(4)

Rear yard. Each lot shall provide a rear yard not less than 50 feet in depth.

(5)

Transitional yard. No building or structure in the I-M district shall be located within 125 feet of a residence district boundary line, or within 75 feet of a business district boundary line, unless such building or structure is effectively screened from such residence or business district property by a wall, fence or densely-planted compact hedge, not less than five feet nor more than eight feet in height.

(g)

Floor area ratio. In the I-M district, floor area ratio shall not exceed 0.75.

Cross reference— Businesses, ch. 14.

The VP valley plain district is created for the purpose of protecting the public health, safety, comfort and welfare and reducing financial burdens imposed on the community and its individuals by restricting the use of those areas within the city which are subject to periodic inundation with the consequent threat to human life and property. Such areas are located generally along natural watercourses, channels, streams and creeks and are so designated on the zoning map.

Land located in the VP district shall be used for the following purposes only:

(1)

Agriculture, including incidental agricultural structures.

(2)

Forestry.

(3)

Golf courses and driving ranges.

(4)

Nurseries (trees and shrubbery).

(5)

Mineral extraction and storage.

(6)

Outdoor rifle or trap-shooting or skeet-shooting ranges, and associated buildings and structures.

(7)

Parks and playgrounds.

(8)

Preserves and reservations.

Subject to the conditions prescribed in division 6, subdivision III of this article, the following conditional uses may be allowed:

(1)

Single-family dwellings on lots not less than 40,000 square feet in area, and only if the ground upon which such dwelling is to be erected, and the land 15 feet beyond the limits of such structure shall, prior to or at the time of such construction, be raised to such level that the lowest floor of the structure, including the basement floor, shall be not less than five feet above the established regional flood.

(2)

Sewage treatment plants, municipal.

Lot size requirements in the VP district are as follows:

(1)

Single-family dwellings:

Minimum lot area, 40,000 square feet

Minimum lot width, 150 feet

(2)

All other uses:

Minimum lot area, three acres

Minimum lot width, 200 feet

No building or structure in the VP district shall be located closer than 50 feet from any property lines.

No building or structure in the VP district shall exceed 2½ stories or 35 feet in height.

The total surface area of all signs on any zoning lot in the VP district shall not exceed 200 square feet.

Off-street parking in the VP district shall be as follows:

(1)

Single-family dwellings: One parking space shall be provided.

(2)

All other uses: Parking spaces shall be provided in adequate number, as determined by the building inspector, to serve the visiting public.

All uses allowed in the VP district shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive or open space on the same zoning lot. Such facilities shall be subject to review by the building inspector.

Nothing in this subdivision shall be so construed as to prohibit the lawful rehabilitation or reclamation of any land located within the VP valley plain district; provided, however, that any filling, draining, construction of levees, or other improvements intended to eliminate or reduce the danger of flood or erosion shall be subject to review by the plan commission and authorization by the common council. Authorization by the common council shall be contingent upon a favorable report and recommendation from the plan commission and the zoning administrator.

The city recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the MW Municipal Well Recharge Area Overlay District is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the city's municipal wells. The restrictions imposed in this subdivision are in addition to those of the underlying residential, commercial or industrial zoning districts or any other provisions of this article.

A map delineating this district is on file in the zoning administrator's office. The MW Municipal Well Recharge Area Overlay District No. 1 is divided into zone A and zone B as follows:

(1)

Zone A is identified as the primary source of water for the municipal well acquifer and as the area most likely to transmit groundwater contaminants to the municipal wells. Zone A is more restrictive than zone B.

(2)

Zone B is identified as a secondary source of water for the municipal well acquifer and as an area where there is a lower probability of surface contaminants reaching the municipal well fields. Zone B is less restrictive than zone A.

The following land uses are hereby found to have a high potential to contaminate or have already caused groundwater contamination problems in the state and elsewhere. The following principal or accessory uses are prohibited within zone A of the MW Municipal Well Recharge Area Overlay District:

(1)

Areas for dumping or disposal of garbage, refuse, trash or demolition material.

(2)

Asphalt products manufacturing plants.

(3)

Service stations.

(4)

Building materials and products sales.

(5)

Cartage and express facilities.

(6)

Car washes.

(7)

Cemeteries.

(8)

Chemical storage, sale, processing or manufacturing plants.

(9)

Dry cleaning establishments.

(10)

Electronic circuit assembly plants.

(11)

Electroplating plants.

(12)

Exterminating shops.

(13)

Fertilizer manufacturing or storage plants.

(14)

Foundries and forge plants.

(15)

Garages, for the repair and servicing of motor vehicles, including body repair, painting or engine rebuilding.

(16)

Highway salt storage areas.

(17)

Industrial liquid waste storage areas.

(18)

Junkyards and auto graveyards.

(19)

Metal reduction and refinement plants.

(20)

Mining operations.

(21)

Motor and machinery service and assembly shops.

(22)

Motor freight terminals.

(23)

Paint products manufacturing.

(24)

Petroleum products storage or processing.

(25)

Photography studios, including the developing of film and pictures.

(26)

Plastics manufacturing.

(27)

Printing and publishing establishments.

(28)

Pulp and paper manufacturing.

(29)

Residential dwelling units on lots less than 15,000 square feet in area. However, in any residence district, on a lot of record on the effective date of the ordinance from which this article is derived, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this article are complied with.

(30)

Septage disposal sites.

(31)

Sludge disposal sites.

(32)

Storage, manufacturing or disposal of toxic or hazardous materials.

(33)

Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

(34)

Woodworking and wood products manufacturing.

The following conditional uses may be allowed in the MW Municipal Well Recharge Area Overlay District, subject to the provisions of division 6, subdivision III of this article:

(1)

Any other business or industrial use not listed as a prohibited use.

(2)

Animal waste storage areas and facilities.

(3)

Center-pivot or other large scale irrigated agriculture operations.

The following principal or accessory uses are hereby prohibited within zone B of the MW Municipal Well Recharge Area Overlay District: Underground petroleum products storage tanks for industrial, commercial, residential or other uses.

The following conditional uses may be allowed in the MW Municipal Well Recharge Area Overlay District, subject to the provisions of division 6, subdivision III of this article: Any business or industrial use.

(a)

Municipal Well Recharge Area Overlay District No. 2 is established.

(b)

Municipal Well Recharge Area No. 2 is defined by the land area shown on a map on file in the zoning administrator's office.

(c)

The rules and regulations contained in this subdivision apply to Municipal Well Recharge Area No. 2.

(Ord. No. 91-6, 3-25-1991)

(a)

The planned unit development conditional use 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 vehicle 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 planned unit development under this division 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 basic zoning district.

(b)

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 under section 42-683 and after public hearing, 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 division have been met.

This division contemplates that there may be residential, commercial, industrial planned unit developments and mixed compatible use developments.

A planned unit development shall be consistent in all respects to the expressed intent of this division and to the spirit and intent of this article; shall be in conformity with the adopted master plan (comprehensive land use and thoroughfare plan), neighborhood plan, or any adopted component thereof; and shall not be contrary to the general welfare and economic prosperity of the community.

(a)

Minimum area requirements. Areas designated as planned unit developments shall contain a minimum development area as follows:

(b)

Density requirements (lot area, width and yard requirements). The district area, width and yard requirements of the basic use district may be modified; however, in no case shall the average density in a residential district exceed the number of dwelling units that would have been permitted if the planned unit development regulations had not been utilized.

(c)

Building height and area requirements.

(1)

Buildings in a planned unit development shall not exceed the height permitted in the basic use district.

(2)

Buildings in a planned unit development shall have a minimum area that is equal to or greater than that required in the basic use district.

(d)

Single parcel, lot or tract. The planned unit development shall be considered as one tract, lot or parcel, and the legal description must define the PUD as a single parcel, lot or tract and be so recorded with the county register of deeds.

(a)

The development site shall be provided with adequate drainage facilities for surface water and stormwater.

(b)

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

(c)

No undue constraint or burden shall be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public areas by the developments.

(d)

The streets and driveways on the site of the development shall be adequate to serve the residents of the development and, in the case of public dedicated streets, will meet the minimum standards of all applicable ordinances or administrative regulations of the city.

(e)

Public water and sewer facilities shall be provided.

The division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to the land division/subdivision regulations of the city when such division is contemplated.

Sections 42-676—42-681 set forth the basic philosophy and intent in providing for planned unit developments, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.

(a)

Prepetition conference. Prior to the official submission of the petition for the approval of a planned unit development, the owner or his agent making such petition shall meet with the plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(b)

Petition for approval. Following the prepetition conference, the owner or his agent may file a petition with the administrator for approval of a planned unit development. Such petition shall be accompanied by a review fee set by the council from time to time, as well as incorporate the following information:

(1)

Informational statement. A statement which sets forth the relationship of the proposed PUD to the city's adopted master (comprehensive land use and thoroughfare plan) plan, neighborhood plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:

a.

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

b.

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

c.

A general outline of the organization 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.

d.

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

e.

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.

(2)

General development plan. A general development plan shall include:

a.

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

b.

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

c.

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

d.

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

e.

The type, size and location of all structures.

f.

General landscape treatment.

g.

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

h.

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

i.

Characteristics of soils related to contemplated specific uses.

j.

Existing topography on the site with contours at no greater than two-foot intervals.

k.

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

l.

If the development is to be staged a staging plan.

m.

A plan showing how the entire development can be further subdivided in the future.

(c)

Referral to plan commission. The petition for a planned unit development shall be referred to the plan commission for its review and recommendation, which recommendation shall include any additional conditions or restrictions which the plan commission may deem necessary or appropriate.

(d)

Public hearing. Following receipt of the plan commission's recommendation, the common council shall hold public hearing on the petition, including any conditions or restrictions imposed by the plan commission, in the manner provided in division 6, subdivision III of this article.

(a)

Requirements. The plan commission, in making recommendations for approval, and the common council, in making a determination approving a petition for planned unit development, shall find as follows:

(1)

The general requirements made and provided in section 42-678 will be met.

(2)

The applicable physical requirements made and provided in section 42-679 will be met.

(3)

The requirements as to public services and facilities made and provided in section 42-680 will be met.

(b)

Proposed construction schedule. The plan commission and common council, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.

(c)

Residential PUD; consideration as to. The plan commission and common council, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:

(1)

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the city.

(2)

The total net residential density within the planned unit development will be compatible with the city master plan (comprehensive land use and thoroughfare plan), neighborhood plan, or components thereof, and shall be compatible with the density of the district wherein located.

(3)

Structure types will be generally compatible with other structural types permitted in the underlying basic use district. To this end, structure type shall be limited as follows:

a.

Planned residential developments in the R-1, R-2 and R-3 districts shall not exceed four dwelling units per structure.

b.

Planned residential developments in the R-4 and R-5 districts shall not exceed 16 dwelling units per structure.

(4)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities, if privately owned.

(5)

Provision has been made for adequate, continuing fire and police protection.

(6)

The population density of the development will or will not have an adverse effect upon the city's capacity to provide needed school or other municipal service facilities.

(7)

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

(d)

Commercial PUD; consideration as to. The plan commission and common council in making their respective recommendation and determination as to a proposed commercial planned unit development shall further consider whether:

(1)

The economic practicality of the proposed development can be justified.

(2)

The proposed development will be served by off-street parking and truck service facilities in accordance with this division.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

(4)

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

(5)

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(e)

Industrial PUD; considerations as to. The plan commission and common council, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:

(1)

The operational character, physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

(2)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(3)

The proposed development will include provision for off-street parking and truck service areas in accordance with this division and will be adequately served by easy access rail and/or arterial highway facilities.

(4)

The proposed development is properly related to the total transportation system of the city and will not result in an adverse effect on the safety and efficiency of the public streets.

(f)

Mixed use PUD; consideration as to. The plan commission and common council, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:

(1)

The proposed mixture of uses produces a unified composite which is compatible within the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.

(2)

The various types of uses conform to the general requirements as set forth in this subdivision, applicable to projects of such use and character.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(a)

General. The common council, upon receipt of recommendation from the plan commission and following public hearing thereon, and after due consideration, shall either deny the petition, approve the petition as submitted, or approve the petition subject to any additional conditions and restrictions the council may impose.

(b)

Approval. The general and detailed approvals of a planned unit development shall be based on and include as conditions thereto the building, site and operational plans for the development as approved by the common council.

(1)

General approval. The general development plan submitted with the PUD application need not necessarily be completely detailed at the time of petition provided it is in sufficient detail to satisfy the common council as to the general character, scope and appearance of the proposed development. Such plan shall designate the pattern of proposed streets and the size and arrangement of individual buildings and building sites. The approval of such general development plan, by way of approval of the petition, shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.

(2)

Detailed approval. Detail plans must be furnished to the plan commission and council for their consideration and the detailed approval by the council of any part or stage of the proposed development shall be required before construction of such part or stage of the development may be commenced. Before plans submitted for detailed approval within the corporate limits will be approved, the petitioner shall give satisfactory proof that he has contracted to install all improvements, or file a performance bond ensuring that such improvements will be installed within the time required by the common council.

(c)

Changes and additions. Any subsequent substantial change or addition to the plans or uses shall first be submitted for approval to the plan commission and if in the opinion of the plan commission, such change or addition constitutes a substantial alteration of the original plan, it shall make its recommendation to the council and further recommend further public hearing in which event the council shall schedule a notice of public hearing as for the original petition. Following such public hearing, the council shall deny, approve or approve the same subject to any additional conditions and restrictions it may impose.