Regulatory intent. A planned unit development overlay district, as defined under "planned unit development" in § 100-29, is a regulatory process allowing modifications to a development plan to meet overall community land use goals and density criteria without being bound by exact development standards of an individual zoning district. The process provides a flexible regulatory framework designed to allow developers greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the basic intent of the Comprehensive Plan and Zoning Code. In the Village of Mukwonago, a planned unit development is an overlay district and does not appear on the Municipal Zoning Map until a planned unit development overlay district is approved for the development site.

Standards and criteria established. Each planned unit development overlay district is approved using the procedure for rezoning. The following describe general standards and criteria in the use and approval of a planned unit development overlay district:

Prior approved planned unit developments. The Village of Mukwonago has allowed prior planned unit developments in specific zoning districts with a specific set of criteria. While planned unit development approval via the prior criteria is no longer an option within this Chapter 100; nonetheless, developments approved pursuant to prior criteria remain in good standing if conforming to the plans and standards approved for each specific planned unit development. Any requested change in the approved plans or standards shall be amended through this process of § 100-53.

Modifications allowed. To create a unified development that is economically successful to both the developer/owner and the Village, and to require high quality standards for site design, architectural design, landscaping, proper infrastructure, environmental protections and protection of persons and property, modifications to any development standard may be allowed, except for those listed in Subsection (a)(5) of this section. With approval of modifications, the Village may require aesthetic enhancements to the development design, and may require design enhancements and property maintenance standards for the protection of persons and property. Generally, a typical planned unit development overlay district will involve the following modifications to normal development standards.

Modifications not allowed. The following standards shall not be modified.

Approval Stages. All proposals for planned unit development overlay are submitted and approved in two stages, except under subparagraph (c) below:

Submittal requirements.

Criteria for approval. The intent of the PUD procedures is to enable the developer to have greater flexibility in planning for land uses and site design than would be permitted under standard zoning provisions. However, there are some general criteria that the plan commission will follow in reviewing and approving PUDs. Criteria for approval include:

Application procedure and required information.

Resolution on conditions and restrictions.

Detailed plans and information.

Common open space. All residential planned unit development overlay shall provide permanent common open space. The open space may be in public ownership or in private ownership with an open space easement to assure that the open space will be permanent. The common open space area shall be conveniently accessible to all residential dwelling units within a planned development and is further defined as follows:

Maintenance of project.

Changes or revisions.

Relationship to Subdivision Control Ordinance.

Failure to comply. Failure to comply with the conditions and restrictions as herein established and specifically made applicable to a specific planned development shall be cause for termination of the approval for such project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charges of noncompliance. If the plan commission finds the charges substantiated, they may recommend such termination of the project approval if the situation is not satisfactorily adjusted within a specified period.

Be located within a business/commercial setting where the addition of multi-family residential dwelling units enhances the business/commercial environment.

Be compact and efficiently utilize land pursuant to concepts of traditional neighborhood development, as defined in Wisconsin Statutes.

Provide multi-family residential with a sufficient proportion of commercial and open space uses in close proximity to one another on the same development site.

Provide a housing choice or choices to enhance an active and growing economic base.

Improve aesthetics of the built environment and be aesthetically synergistic with Village atmosphere and its respective business district.

Proper and adequate public sanitary sewer and public water facilities are available to serve the development site.

Proper and adequate storm water and water quality facilities are provided.

Conformance with the performance standards to a maximum multi-family density of 20 dwelling units per acre.

Within the interstate planning district: Maximum of four stories to a maximum height of 52 feet. With plan commission and Village Board approval, architectural appurtenances as defined in § 100-29 may extend the maximum height to 60 feet.

Within the South Main Street/River South planning district: Maximum of four stories, of which a maximum of three stories may be residential, to a maximum of 52 feet. With plan commission and Village Board approval, architectural appurtenances as defined in § 100-29 may extend the maximum height to 60 feet.

Purpose. It is the purpose of the performance standards to ensure the business mixed use development meets the definition and the characteristics for a business mixed use development, and provides for the general health, safety and welfare of the public.

Ingress/egress. Two routes of ingress/egress to an external public right-of-way shall be provided. A boulevard-style driveway may count as two routes; however, a secondary emergency ingress/egress route shall be provided. The Mukwonago Fire Chief may require additional ingress/egress routes.

Parking. The minimum number of parking spaces as required for business in Article V of this Chapter 100 shall be provided, with either outside surface parking spaces or within an enclosed garage accessible to the public, including handicapped parking spaces. The minimum number of parking spaces required for residential shall be one enclosed garage space per dwelling unit plus one additional space per dwelling unit that may be within an enclosed garage or as outside surface spaces. An additional 0.25 space per dwelling unit shall be provided for guest parking either enclosed but accessible to guests or outside surface spaces. No detached garage parking spaces are permitted except as a multi-story parking structure providing spaces to both the businesses and residential dwelling within the business mixed use development. However, the plan commission may recommend and the Village Board may require additional parking spaces for residential.

Driveway and parking design. All internal driveways and parking lots shall be completed with a solid paved and dustless surface. All internal driveways and parking lots shall be completely surrounded by concrete curb and gutter, except for pedestrian ramps and openings for storm drainage, and except when parking spaces abut to pedestrian sidewalks raised from the surface of the driveway or parking.

Public safety access. The site shall be designed to allow police and fire access to each building, including provision that Mukwonago fire department ladder apparatus can correctly position on a flat and paved surface to reach unit porches and/or windows on the top floor surrounding 75% of each building exterior.

Proportion. Any building with residential shall have a length (in feet) at least 1.5 times the maximum height (in feet) of the building.

Architectural design of buildings. The following standards apply to the architectural design of buildings of a mixed-use development.

Facade articulation. Consistent with the design of traditional storefront buildings, new buildings shall be divided into smaller increments through articulation of the facade. This can be achieved through combinations of the following techniques and other techniques that may meet the intent of this standard:

Street-facing facades. No blank walls shall be permitted to face the public street, sidewalks, or other public spaces such as plazas. Elements such as windows, door, columns, changes in material, and similar details shall be used to add visual interest.

Landscaping. The following standards apply to landscaping of a multiple-family development. In addition, the minimum greenspace on a multiple-family property approved under these performance standards shall be 25% in the B-2 and B-3 zoning districts, and 35% in the B-4 and B-5 zoning districts.

Amenities. Amenities shall be provided to enhance enjoyment of the site by residents of the development and to enhance site aesthetics. While the amount and extent of provided amenities may be determined by the size of the development in terms of land area and allowed number of dwelling units, the Plan Commission and the Village Board approval will consider the amount of provided amenities.

Conformance with other standards. The entire site design shall conform to other development standards of the Village of Mukwonago and other agencies and may be amended from time to time. The other standards may include, but are not limited to sewer and water design, street design, storm water management and water quality, shoreland setbacks, preservation of environmental features, exterior lighting, fire code, etc.

Additional guidelines. The plan commission and the Village Board may adopt guidelines to supplement the standards of this § 100-54. The guidelines may be amended from time to time.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Lot area and width.

Building height and area.

Setback and yards.

Erosion control. See Article XI of this chapter.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative standards for development in R-1.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative standards for development in R-2.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative Standards for Development in R-3.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Density for Multiple Family Dwellings.

Quantitative standards for development in R-5.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative standards for development in R-7.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative standards for development in R-8.

Parking.

General requirements.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Quantitative standards for development in R-9.

Parking.

General requirements.

Permitted Uses.

Permitted accessory uses.

Conditional uses.

Density.

Quantitative standards for development within R-10.

Parking. Parking for each dwelling unit shall be provided in accordance with Article V of this code. The plan commission and Village Board may modify (increase or decrease) parking requirements for multiple-family development if they deem such action is in the best interest of the surrounding neighborhood, and may require enclosed storage space in addition to the minimum garage space. Parking requirements for age restricted housing may be modified by the plan commission and Village Board if deemed the housing services a community purpose.

Other development requirements.

Performance standards for multiple-family approval. It is the purpose of these performance standards to promote quality multiple-family developments that efficiently utilizes land, provides housing choices to enhance an active and growing economic base and improves aesthetics of the built environment.

New Multiple-family developments obtaining approval shall conform to the following performance standards.

Permitted uses.

Permitted accessory uses.

Conditional uses.

Density.

Quantitative standards for development within R-15.

Parking. Parking for each dwelling unit shall be provided in accordance with Article V of this Code. The plan commission and Village Board may modify (increase or decrease) parking requirements for multiple-family development if they deem such action is in the best interest of the surrounding neighborhood, and may require enclosed storage space in addition to the minimum garage space. Parking requirements for age restricted housing may be modified by the plan commission and Village Board if deemed the housing services a community purpose.

Other development requirements.

Performance standards for multiple-family approval. It is the purpose of these performance standards to promote quality multiple-family developments that efficiently utilizes land, provides housing choices to enhance an active and growing economic base and improves aesthetics of the built environment.

New multiple-family developments obtaining approval shall conform to the following performance standards.

All business establishments shall be retail or service establishments dealing directly with consumers.

All goods produced on the premises shall be sold on premises where produced.

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

Refer to § 100-157 for the list of uses permitted in the B-1 district.

Existing residences in compliance with the provisions of R-2 single-family historical lot residential district.

Other uses similar to the previously referenced permitted use list, subject to the approval of the plan commission, if the use is not already listed as a conditional use or not allowed.

Refer to § 100-157 for the list of conditional uses in the B-1 district.

Other uses similar to the previously referenced conditional use list, subject to approval by the plan commission.

General requirement. The architectural design of all buildings shall be subject to plan commission approval.

Building materials and colors.

Roofing materials and style.

Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means.

Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.

All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.

Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval.

Refuse storage areas may be freestanding or attached to a principal or accessory structure.

Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.

The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission.

Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.

Sidewalks shall be a maximum of six feet wide.

Driveways shall be provided as set forth in Article V of this Chapter 100.

Loading areas shall be provided as set forth in Article V of this Chapter 100.

Parking shall be provided as set forth in Article V of this Chapter 100.

Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval.

Signage shall be as set forth under Chapter 64 of this Code.

Limitations:

Permitted accessory buildings, structures and uses:

Setback: Same as for principal structure.

Proximity to principal building: No closer than 10 feet.

Maximum floor area: As approved by site plan and architectural review.

Maximum number: As approved by site plan and architectural review.

Total coverage of all accessory structures: Not more than 20% of rear yard area.

Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following:

All business establishments shall be retail or service establishments dealing directly with consumers.

All goods produced on the premises shall be sold on premises where produced.

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

Refer to § 100-157 for the list of uses permitted in the B-2 district.

Existing residences in compliance with the provisions of R-2 single-family historical lot residential district.

Other uses similar to the previously referenced permitted use list, subject to the approval of the plan commission, if the use is not already listed as a conditional use or not allowed.

Refer to § 100-157 for the list of conditional uses in the B-2 district.

Other uses similar to the previously referenced conditional use list, subject to approval by the plan commission.

General requirement. The architectural design of all buildings shall be subject to plan commission approval.

Building materials and colors.

Roofing materials and style.

Mechanical units. All roof and wall-mounted mechanical, electrical, communications, and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls, or by other approved means.

Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be constructed of masonry compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.

All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.

Refuse storage areas may not be located on any street side of any principal or accessory building except by prior plan commission approval.

Refuse storage areas may be freestanding or attached to a principal or accessory structure.

Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.

The size, height, location, setbacks and design of the refuse storage shall be approved by the plan commission.

Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.

Sidewalks shall be a maximum of six feet wide.

Driveways shall be provided as set forth in Article V of this Chapter 100.

Loading areas shall be provided as set forth in Article V of this Chapter 100.

Parking shall be provided as set forth in Article V of this Chapter 100.

Landscaping. Landscaping plans are subject to plan commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further plan commission review and approval.

Signage shall be as set forth under Chapter 64 of this Code.

Limitations:

Permitted accessory buildings, structures and uses:

Setback: Same as for principal structure.

Proximity to principal building: No closer than 10 feet.

Maximum floor area: As approved by site plan and architectural review.

Maximum number: As approved by site plan and architectural review.

Total coverage of all accessory structures: Not more than 20% of rear yard area.

Satellite dish antennas. In addition to the requirements listed above, satellite dish antennas are subject to the following:

North: Washington Avenue, extending to include the Pearl and Grand Avenue Historic District.

East: Canadian National Railroad Tracks.

South: Mukwonago River.

West: Shore Line of Lower Phantom Lake.

Change in use. When the existing use of any building, structure or land is changed to a new permitted use or conditional use in accordance with § 100-153(f), all provisions of this § 100-158 shall apply to the new use. In a building or structure with multiple uses or tenants, the new use shall conform to § 100-153(f) without impacting any existing business or businesses existing in the same building or structure. If any existing use not allowed as a permitted use or conditional use by § 100-153(f) located in the same building or structure with a new use as of June 29, 2017, the existing use may continue as a non-conforming use until the use vacates the building or structure.

Enlargement of use. The provisions of this § 100-158 shall apply when the intensity of use of any building, structure, or land is increased through additional floor area, seating capacity or additional residential dwelling units. However, buildings and structures with a use currently existing and permitted in the base zoning district as of June 29, 2017 that is not allowed as a permitted use or conditional use by § 100-153(f) may be allowed to enlarge in accordance with the bulk standards of this § 100-153(g), and the non-conforming use may remain. Any new use occupying the enlargement shall conform to all standards of this § 100-153.

New construction. The provisions of this § 100-153 shall apply to all buildings and structures erected and all uses of land (including the construction of new parking and loading facilities) established after June 29, 2017.

Pre-existing residential uses. Buildings and structures with residential as the primary use existing at the time of adoption of this § 100-153 within the B-1, B-2 or M-1 base zoning district, and located within the boundary of this overlay district, may continue in a residential use and shall be allowed to make building and property improvements to maintain proper habitation.

Benefit of property ownership. Any property owner may select to comply with this § 100-153 at any time, regardless of the other scope of regulations of this § 100-153(c).

Application of M-1 or M-2 zoning within the multi-purpose perimeter sub-district. Properties with the base zoning district of M-1 or M-2 within the multi-purpose perimeter sub-district shall request and receive a zoning district boundary change to either the B-1 or B-2 zoning district before any enlargement of use or new construction. The use or uses shall be subject to B-1 or B-2 standards with the optional standards of this Village center overlay zoning district.

Retail center.

Multi-purpose perimeter.

Residential perimeter.

Retail center. It is the purpose of the retail center to create street level activity by permitting a range of businesses on the ground floor or first floor space of buildings facing the public street primarily of retail character that sell or provide services directly to customers on the premises or serves as a third-place establishment. Businesses that do not create customer traffic are encouraged to locate within the retail center on upper floors or the ground floor or first floor space of buildings that do not face the public street. Nonetheless, businesses without customer traffic may be allowed by approval of the plan commission if the business adds significance to the Village center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is designed for an office environment. Residential dwelling units are encouraged on the upper floors of the retail center. Several buildings within the retail center may be encouraged to remain to enhance the cultural heritage of the Village while other buildings are encouraged to be redeveloped or expanded. In addition, it is the purpose of the retail center to preserve the two buildings listed on the National Register of Historic Places, and to promote the cultural heritage of the Village of Mukwonago by maintaining buildings and uses that have been and will continue to be important elements within the Village center.

Multi-purpose perimeter. It is the purpose of the multi-purpose perimeter to create a mixture of business uses (such as retail, third-places, office services and corporate offices) combined with residential at higher densities than allowed elsewhere in the Village creating a consistent activity level and a market for the retail center and the multi-purpose perimeter. Facing the major traffic corridors of Rochester Street and Main Street, businesses located on the ground floor or first floor of buildings shall meet the same criteria as the retail center with the purpose of creating street level activity; except by approval of the plan commission if the business adds significance to the Village center; such as the business is an employment generator, the aesthetic appeal of the business or the building in which the business is located, or the existing floor plan of the building or tenant space is designed for an office environment. Several buildings within the multi-purpose perimeter may be encouraged to remain to enhance the cultural heritage of the Village while other properties are encouraged to be redeveloped or expanded. Conversion of existing homes to low intensity business uses is encouraged (such as professional offices and bed and breakfast establishments).

Residential perimeter. It is the purpose of the residential perimeter to preserve and protect the important residential areas surrounding the business center of the Village by identifying the Pearl and Grand Avenue Historic District and allowing homes to be maintained and improved that otherwise are non-conforming pursuant to the required setbacks of the base zoning districts.

General list of allowable or not permitted uses. The following general categories of uses are allowed per sub-district as permitted uses or conditional uses, or not permitted, within the criteria and performance standards of this § 100-153(f). When a question arises if a use conforms to this § 100-153(f)(1), please see the specific list of § 100-153(f)(2).

Specific list of allowable or not permitted uses. The following is a list of specific uses allowed either as a permitted use or a conditional use, or not permitted, within the sub-districts of the Village center overlay district. The purpose of this list [is] to clarify when a specific use is deemed appropriate or not appropriate to comply with the general list of allowable or not permitted uses, the intent of this § 100-153 and the purposes of the sub-districts. Furthermore, any permitted use or conditional use listed below shall conform to standards of § 100-153(f)(1) and (4) for a business location within a building with or without on-site customers except with plan commission approval pursuant to the criterial of § 100-153(e)(1) and (2), or residential shall conform to standards of § 100-153(f)(1) and (5) for location within a building.

Prohibited uses. The following list of uses are specifically prohibited within any sub-district of the Village center overlay zoning district: automobile and other vehicle sales; automobile and other vehicle repair; adult cabaret; adult entertainment; adult book, magazine or video sales or rentals; tool rental facility and any use selling or providing an illegal product or service.

Performance standards for allowed uses. All uses allowed as either a permitted use or a conditional use within the subdistricts of the Village center overlay district shall comply with the following performance standards.

Performance standards for a temporary use. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal use within an enclosed building when such activities are desirable and beneficial for the community for limited periods of time. Examples of a temporary use include a health clinic and temporary inoculation center, seasonal sales or display, and use of a temporarily vacant business space for a short term use such as an art gallery or seasonal sales of decorations. Allowance of temporary uses does not supersede regulations pertaining to specific temporary uses included in other code sections of Chapter 100, or other building and health and safety codes. No construction activity or building alterations shall occur to facilitate the temporary use. The Zoning Administrator may take actions to cease operation of any temporary use that does not conform to the standards of this paragraph.

Performance standards for residential. Residential allowed as a permitted use or a conditional use within the sub-districts of the Village center overlay zoning district, shall comply with the following performance standards. Residential shall mean an single family building, an individual dwelling unit or group of dwelling units within a mixed use building with business as the main ground floor or 1st floor use, or within a building primarily designed for multi-family residential.

Bulk regulations for lot area requirements, building setbacks and building size per sub-district within the Village center overlay zoning district are as follows:

The exceptions to the standards of § 100-153(g)(1) minimum yard requirements (setbacks) for a building or structure are:

Exceptions to the standards of § 100-153(f)(1) for setbacks and minimum green space may be required by the plan commission during site plan review to comply with storm water management requirements, to add landscaping to parking lots, to add pedestrian friendly or outdoor public spaces, or to improve overall aesthetics of the property and the Village center. Exceptions may include increasing or decreasing the standards.

Accessory structures within the Village center overlay zoning district shall conform to the bulk standards as established in the base zoning district.

Any new construction or addition on a property 0.5 acre or more in size shall be developed under a single development plan with a unified architectural scheme and site plan, to include building facades, street furniture and pedestrian circulation.

Site plan and architectural approval by the plan commission is required for new construction, additions or conversions pursuant to the procedures of § 100-601. Architectural approval by the plan commission is required for exterior remodels, pursuant to the procedures of § 100-601. Single-family and two-family buildings within the residential perimeter sub-district are exempt from this review requirement. Site plan and architectural approval shall be part of conditional use review if a use requires a conditional use.

Architectural design and exterior building materials and colors of new construction, additions or exterior remodels shall conform to the requirements of the base zoning district. However, the plan commission may adopt architectural design guidelines to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.

Historical review shall be part of site plan and/or architectural approval, or approval or denial of demolitions, pursuant to Article III of this Chapter 100. Buildings within the Pearl and Grand Avenue Historic District and other buildings listed on the National Register of Historic Places, as shown on the official map on file in the office of the Village Clerk, shall be preserved. The plan commission may adopt additional guidelines for historic review and preservation of buildings or uses of local historic significance to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.

The demolition of any principal building, or an accessory building over 200 square feet, within the Village center overlay zoning district shall be approved by the plan commission prior to demolition. The plan commission shall establish findings of fact in determining approval or denial of a demolition. Approved demolitions shall conform to the following standards.

The use of green roofs is strongly encouraged with new construction or additions.

The creation of pedestrian connections within and surrounding the property to other pedestrian paths is encouraged with new construction or additions. Creative site planning of including public spaces and orienting the building, parking, public spaces, pedestrian connections, and so on, to fit in and improve to surrounding conditions is strongly encouraged.

Design standards for mechanical equipment and refuse enclosures shall conform to the requirements of the base zoning district. However, the plan commission may adopt mechanical and refuse enclosure standards as part of architectural design guidelines to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.

Exterior lighting fixtures shall be designed or shaded so as to avoid casting direct light or glare toward surrounding properties or streets, and shall conform to the lighting standards of § 100-601. However, the plan commission may exterior lighting standards as part of architectural design guidelines to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.

Landscaping standards shall conform to the requirements of the base zoning district. However, the plan commission may adopt landscaping guidelines to implement the intent and purposes of the Village center overlay zoning district and its sub-districts. The plan commission may waive the landscaping requirements or guidelines when there is not any suitable space on the site to install landscaping, or if the installation of landscaping compromises visibility of pedestrians and/or vehicles.

Conversions mean the change of use of an existing building from a single family residential use to a permitted or conditional use allowed within the sub-district, or adding residential dwelling units to an existing building if allowed as a permitted or conditional use within the Retail Center or Mixed Use Perimeter sub-districts. An example of a conversion is the change of a single family building within the Mixed Use Perimeter to an office, or the change of an upper floor office space within the Retail Center to residential dwelling units.

Signs shall conform to Chapter 64 of Village of Mukwonago Municipal Code.

Accessory off-street parking is not required for a building with less than 2,500 square feet of gross leasable floor space designed for a business or businesses within the retail center or multi-purpose perimeter sub-districts or if the business or use would be required to provide 10 or less parking spaces if the business or use were not located within the retail center or multi-purpose perimeter sub-districts. Any business approved as a conditional use may be required to provide accessory off-street parking if the plan commission finds that the parking demand of the use is greater than would needed if a permitted use occupied the business space.

Accessory off-street parking is required for any building with a gross leasable floor space of 2,500 square feet or larger designed for a business or businesses within the retail center or multi-purpose perimeter sub-districts or if a high capacity business or use would be required to provide more than 10 parking spaces if the business or use were not located within the retail center or multi-purpose perimeter sub-districts. In a multi-purpose building designed for both business and residential, the residential square footage does not count toward the gross leasable space of 5,000 square feet or larger. If above 2,500 square feet, accessory off-street parking is required for any use within the residential perimeter sub-district in conformance with the standards of Article V of this Chapter 100.

One accessory off-street parking space is required per bedroom in each residential dwelling unit within the retail center and multi-purpose perimeter sub-districts. A bedroom is any living space not considered a living room, kitchen, bathroom or dining room, for the purpose of this § 100-153.

Accessory off-street parking is required for any use within the residential perimeter sub-district in conformance with the standards of Article V of this Chapter 100.

Conversions of an existing residential structure to a permitted use or conditional use within the multi-purpose perimeter may retain the existing driveway as parking spaces for the new use.

For uses within the retail center or multi-purpose perimeter sub-districts of the Village center overlay zoning district that require off-street parking, or if off-street parking is voluntarily provided, off-street parking facilities design shall comply with all requirements of Article V of this Chapter 100, except as provided below:

Any use required to provide accessory off-street parking may reduce its parking requirement by up to 75% if an equivalent number of spaces to the amount being reduced are located within 500 feet of the property of the use, and shall be subject to a shared parking agreement. The shared parking may be the parking of any other use inside or outside of the Village center overlay zoning district.

Credit for parking spaces which are the subject to a shared parking agreement shall be applicable only when the parties to the agreement are property owners whose property uses have parking demands which are inconsistent with each other (i.e. daytime v. evening, weekdays v. Saturday and/or Sunday). The total off-street parking requirements of the parties of the shared parking agreement may exceed the total number of off-street parking spaces available. The shared parking agreement may extend beyond two property owners.

The shared parking agreement shall be subject to the reasonable approval of the Village Board, pursuant to the recommendation of the plan commission, and the following conditions are met:

The base zoning district is the primary zoning district that applies to a property. Every property within the Village center has a base zoning district that establishes the primary type and intensity of land use for the property, along with development regulations of this Chapter 100 for that particular type and intensity of land use for the property. The standards within this § 100-153 apply to all properties of the Village center overlay zoning district in lieu of the type and intensity of land use and the development regulations of the base zoning district. If situations arise of the type and intensity of land use and with property maintenance that are not addressed within the standards of the Village center overlay zoning district, development regulations of the base zoning district and this Chapter 100 shall apply. However, any aspect of the development regulations of the base zoning district or Chapter 100 not addressed in the Village center overlay zoning district may conflict with and restrict a new use, redevelopment or new development that otherwise meets the intent of, is permitted in, and conforms to other standards of the Village center overlay zoning district. When a conflict in regulation is identified, upon finding that the intent of the Village center overlay zoning district is maintained, the plan commission may waive the conflicting regulation or establish alternative criteria for the new use, redevelopment or new development to adhere to.

The bulk standards of lot size and lot width and/or frontage of § 100-153(g) supersede any similar requirement of Chapter 45, land division, of this Code.

Including standards elsewhere within this § 100-153 addressing nonconforming uses, the following shall apply to nonconforming uses.

The terms existing use, existing condition or similar term means the property use or uses, building, or conditions that existed at the time of adoption of this § 100-153.

Within this § 100-153, the terms building and structure are applied interchangeably.

The Zoning Administrator shall be responsible for administration of this § 100-153, along with the plan commission when site plan or architectural plan approval are required. The Zoning Administrator may refer any matter pertaining to the interpretation of any standard this § 100-513 to the plan commission for advice or recommendation.

Any person aggrieved by a decision of the Zoning Administrator or plan commission in the administration of this § 100-153 may appeal the decision to the Village of Mukwonago Board of Zoning and Building Appeals.

All business establishments shall be retail or service establishments dealing directly with consumers.

All goods produced on the premises shall be sold on premises where produced.

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

Senior care facilities should have 50 units or more.

Refer to § 100-157 for the list of uses permitted in the B-3 district.

Other uses similar to the previously referenced permitted use list, subject to the approval of the plan commission, if the use is not already listed as a conditional use or not allowed.

Refer to § 100-157 for the list of conditional uses in the B-3 district.

Other uses similar to the previously referenced conditional use list, subject to approval by the plan commission.