The Zoning Districts are so designed to assist in carrying out the intents and purposes of protecting the public health, safety, convenience and general welfare. For the purposes of this Code, the City is hereby divided into the following zoning districts:

(1)

R-1 Single-Family Residence District.

(2)

R-2 Two-Family Residence District.

(3)

M-1 Multifamily Residence District.

(4)

M-2 Multifamily Residence District.

(5)

C-1 General Commercial District.

(6)

C-2 Central Commercial District.

(7)

I-1 Planned Business Center District.

(8)

I-2 General Industrial District.

(9)

PDD Planned Development District.

(10)

CH Community Health District.

(11)

THD Traditional Neighborhood Development District.

(Code 1977, § 20.08(1))

The location and boundaries of the districts established by this Code are set forth on the Official Zoning District Map (referred to as Zoning Map) which is hereby incorporated as part of this Code and which is on file with the Department of Community Development. The Zoning Map shall be at a scale of one inch equals 500 feet on the ground.

(Code 1977, § 20.08(2))

(a)

Streets and alley lines. The district boundaries are streets or alleys, unless otherwise shown; and where the Zoning Map indicates the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(b)

Lot lines. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the districts on the Zoning Map are approximately bounded by lot lines, such lot lines shall be construed to be the boundaries of the district.

(c)

Scale. In subdivided property, the district boundary lines shown on the Zoning Map shall be determined by use of the scale shown on such map.

(Code 1977, § 20.08(3))

This district is intended to provide for low density single-family residential development and to restrict the development of uses that generate high volumes of noise and traffic.

(Code 1977, § 20.09(1))

The following permitted uses are allowed in the R-1 Single-Family Residence District:

(1)

Community living arrangement.

(2)

Family day care home.

(3)

One single-family detached dwelling.

(Code 1977, § 20.09(2); Ord. No. 2014-14, § 8, 8-6-2014)

The following permitted uses requiring site plan approval are allowed in the R-1 Single-Family Residence District:

(1)

Communications antenna.

(Code 1977, § 20.09(3); Ord. No. 2014-14, § 9, 8-6-2014; Ord. No. 2019-08, § 2, 2-27-2019)

The following are special uses allowed in the R-1 Single-Family Residence District:

(1)

All commercial and public radio, communication and telecommunication towers, microwave and television towers; and all private radio and television towers exceeding 50 feet in height.

(2)

Bed and breakfast inn.

(3)

Cemetery.

(4)

Boardinghouse providing lodging for eight persons or less.

(5)

Religious institution.

(6)

Day care center/nursery school.

(7)

Golf course.

(8)

Landscape nursery or orchard provided no office or store is maintained on premises.

(9)

Park or playground.

(10)

Public Building.

(11)

Public library, museum, art gallery, or community center.

(12)

Railroad rights-of-way and uses essential to their operation.

(13)

School.

(14)

Electric substation.

(Code 1977, § 20.09(4); Ord. No. 2019-08, § 3, 2-27-2019)

The following garages, accessory buildings and uses are allowed in the R-1 Single-family Residence District:

(1)

One private garage; not to exceed 816 square feet in gross area.

(2)

One accessory building; not to exceed 200 square feet in gross area.

(3)

One private swimming pool.

(4)

Any of the following accessory uses:

a.

One private recreation court.

b.

One satellite antenna/dish.

c.

Solar energy systems.

1.

Ground-mounted solar energy systems are not allowed in any actual or required front yard or required side yard, cannot exceed an overall height of 20 feet and must be set back from the property line a distance equal to its overall height.

2.

Roof- or wall-mounted solar energy systems shall not project more than five feet above the roof of the structure it is installed on and shall not exceed the maximum height, which is allowed for structures in this zoning district.

d.

One gazebo; not to exceed 300 square feet in gross area.

(5)

Yard sale.

(Code 1977, § 20.09(5); Ord. No. 1384, § 2, 12-3-2008; Ord. No. 2013-5, § 3, 2-20-2013; Ord. No. 2014-14, § 10, 8-6-2014)

Standards for the R-1 Single-Family Residence District are as follows:

(1)

Minimum front yard setback, 25 feet or the average setback for a principal dwelling or use along the block. Structures shall be placed within plus or minus five feet of the average setback, but in the case where the average setback is less than 25 feet, the structure shall be located no less than the average setback.

(2)

Minimum side yard, six feet and an aggregate minimum width on both sides of 16 feet.

(3)

Minimum rear yard, 30 feet.

(4)

Maximum height, 35 feet or two and one-half stories.

(5)

Reserved.

(6)

Minimum side yard and rear yard of detached garages, accessory buildings and uses that are not located in any actual or required side yard and are five feet or more from the principal dwelling, three feet side yard and three feet rear yard.

(7)

Minimum side yard and rear yard of detached garages, accessory buildings and uses located in any actual side yard, the side yard must meet or exceed the requirements of the principal structure and a minimum rear yard of three feet.

(8)

Minimum side yard and rear yard of detached garages that are less than five feet from the principal dwelling must meet or exceed the setback requirements of the principal structure.

(9)

Fence requirements, refer to Chapter 21, Article II of this Code.

(10)

Swimming pool yard requirements: No swimming pool or any related structure or equipment shall be located in any actual front yard, or less than ten feet from any side or rear yard lot line, except that when said pool is enclosed with a six-foot high privacy fence, the required side and rear yard may be reduced to six feet.

(11)

Minimum lot size, 7,200 square feet per dwelling.

(12)

Minimum lot width, 60 feet at the building line.

(13)

Parking, refer to Section 26-551.

(14)

Keeping of not more than two boarders and/or roomers by resident family.

(15)

Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements.

(16)

Landscaping requirements: Institutional, public, and commercial uses allowed as special uses in this district must meet the landscape standards in Article X of this chapter.

(Code 1977, § 20.09(6); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 4, 2-27-2019; Ord. No. 2025-04, § 1, 5-21-2025)

The purpose of this district is to provide low-density development containing single-family and two-family dwelling units. It is also intended that uses generating noise and high traffic volumes be restricted.

(Code 1977, § 20.10(1))

The following permitted uses are allowed in the Two-Family Residence District:

(1)

Any use permitted in the R-1 Single-Family Residence District.

(2)

Two-family dwelling units.

(3)

Single-family attached dwelling.

(Code 1977, § 20.10(2); Ord. No. 2013-5, § 4, 2-20-2013; Ord. No. 2019-08, § 5, 2-27-2019)

The following permitted uses requiring site plan approval are allowed in the R-2 Two-Family Residence District:

(1)

Communications antenna.

(Code 1977, § 20.10(3); Ord. No. 2014-14, § 11, 8-6-2014; Ord. No. 2019-08, § 6, 2-27-2019)

The following special uses allowed in the R-2 Single-Family Residence District:

(1)

All commercial and public radio, communication and telecommunication towers, microwave and television towers; and all private radio and television towers exceeding 50 feet in height.

(2)

Bed and breakfast inn.

(3)

Boardinghouse providing lodging for eight persons or less.

(4)

Cemetery.

(5)

Religious institution.

(6)

Day care center/nursery school.

(7)

Golf course.

(8)

Landscape nursery or orchard provided no office or store is maintained on premises.

(9)

Park or playground.

(10)

Public building.

(11)

Public library, museum, art gallery, or community center.

(12)

Railroad rights-of-way and uses essential to their operation.

(13)

School.

(14)

Electric substation.

(Code 1977, § 20.10(4); Ord. No. 2019-08, § 7, 2-27-2019)

The following garages, accessory buildings and uses are allowed in the R-2 Two-family Residence District:

(1)

One private garage per dwelling unit; total area of all garages not to exceed 816 square feet in gross area.

(2)

One accessory building per dwelling unit; total area of all accessory buildings not to exceed 200 square feet in gross area.

(3)

One private swimming pool.

(4)

Any of the following accessory uses per dwelling unit:

a.

One private recreation court.

b.

One satellite antenna/dish.

c.

Solar energy systems.

1.

Ground-mounted solar energy systems are not allowed in any actual or required front yard or required side yard, cannot exceed an overall height of 20 feet and must be set back from the property line a distance equal to its overall height.

2.

Roof- or wall-mounted solar energy systems shall not project more than five feet above the roof of the structure it is installed on and shall not exceed the maximum height, which is allowed for structures in this zoning district.

d.

One gazebo; not to exceed 300 square feet in gross area.

(5)

Yard sale.

(Code 1977, § 20.10(5); Ord. No. 1384, § 3, 12-3-2008; Ord. No. 2013-5, § 3, 2-20-2013; Ord. No. 2014-14, § 12, 8-6-2014; Ord. No. 2019-08, § 8, 2-27-2019)

(a)

Standards for the R-2 Two-Family Residence District are as follows:

(1)

Minimum front yard setback, 25 feet or the average setback for a principal dwelling or use along the block. Structures shall be placed within plus or minus five feet of the average setback, but in the case where the average setback is less than 25 feet, the structure shall be located no less than the average setback.

(2)

Minimum side yard, six feet and an aggregate minimum width on both sides of 16 feet (excluding single-family attached dwellings). If an existing lot of record has a width less than 60 feet, the minimum side yard is six feet.

(3)

Minimum rear yard, 30 feet.

(4)

Maximum height, 35 feet or two and one-half stories.

(5)

Reserved.

(6)

Minimum side yard and rear yard of detached garages, accessory buildings and uses that are not located in any actual or required side yard and are five feet or more from the principal dwelling, three feet side yard and three feet rear yard.

(7)

Minimum side yard and rear yard of detached garages, accessory buildings and uses located in any actual side yard, the side yard must meet or exceed the requirements of the principal structure and a minimum rear yard of three feet.

(8)

Minimum side yard and rear yard of detached garages that are less than five feet from the principal dwelling must meet or exceed the setback requirements of the principal structure.

(9)

Fence requirements, refer to Chapter 21, Article II of this Code.

(10)

Swimming pool yard requirements: No swimming pool or any related structure or equipment shall be located in any actual front yard, or less than ten feet from any side or rear lot line, except that when said pool is enclosed with a six-foot high privacy fence, the required side and rear yard may be reduced to six feet.

(11)

Minimum lot size, 7,200 square feet total and not less than 3,600 square feet per dwelling unit.

(12)

Minimum lot width, 60 feet at the building line (excluding single-family attached dwellings).

(13)

Parking, refer to Section 26-513.

(14)

Keeping of not more than two boarders and/or roomers by resident family.

(15)

Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements.

(16)

Landscaping requirements: Institutional, public and commercial uses allowed as special uses in this district must meet the landscape standards in Article X of this chapter.

(b)

Standards for Single-Family Attached Dwelling Development.

(1)

Minimum lot size, 3,600 square feet per dwelling

(2)

Minimum lot width, 30 feet at the building line per dwelling.

(3)

Maximum Height, 35 feet or two and one-half stories.

(4)

Minimum front yard setback, 25 feet or the average setback for a principal dwelling or use along the block. Structures shall be placed within plus or minus five feet of the average setback, but in the case where the average setback is less than 25 feet, the structure shall be located no less than the average setback.

(5)

Minimum rear yard setback, 30 feet.

(6)

Minimum side yard, Zero feet on the common wall side provided that:

a.

The opposite side yard being a minimum of six feet.

b.

Patios and decks may have a zero setback from the zero lot line side yard setback.

c.

Driveways may be separate or shared.

d.

All state and local building code requirements shall be met for a single-family attached dwelling.

e.

Every single-family attached dwelling constructed after March 1, 2021, shall be constructed with identical materials.

f.

For the purpose of this subsection the term "identical materials" means exactly the same in design, color, scale, architectural appearance, and other visual qualities including, but limited to, alignment, character, context, directional expression, height, location, materials, massing, proportion, relationship of solids to voids, rhythm, setting, size, volume, etc.

g.

For the purpose of this subsection the term "similar materials" means nearly but not exactly the same in design, color, scale, architectural appearance, and other visual qualities including, but not limited to, alignment, character, color, context, directional expression, height, location, materials, massing, proportion, relationship of solids to voids, rhythm, setting, size, volume, etc. or alike; having a general resemblance, although allowing for some degree of difference. This term is to be interpreted to mean that one thing has a resemblance in many respects, nearly corresponds, in somewhat like, or has a general likeness to some other thing but not identical in form and substance.

h.

Restrictive covenants shall be recorded at the county register of deeds, providing declarations and or bylaws similar to those typically recorded on a declaration of condominium.

1.

If the driveway is shared, the maintenance and use standards for the shared driveway shall be part of said covenants.

2.

Include a note that reads, "The parties hereto agree that the aesthetics of the units are important to the value of the building. Therefore, any subsequent repairs or maintenance performed by a unit owner to the exterior of their portion of the single-family attached dwelling shall use at a minimum materials similar with those materials already incorporated into the building if identical materials are not incorporated into the repair or maintenance project. Each party may agree in writing to change the original color of the building so long as the color change applies to each unit. No party may change the color of the building so that it is different than the other unit."

3.

Said covenants shall provide for mediation of any and all disputes between owners of each dwelling unit and third party with regard to construction, use and maintenance of the real property.

4.

Said covenants shall specifically state the City of Neenah and all approving authorities shall not be held responsible for same, and that said covenants shall ensure to all heirs and assigns.

5.

Proof of said recorded covenants or subsequently amended shall be submitted to the Community Development and Assessment Department.

i.

Each dwelling unit shall have separate sewer and water lines and other separate utility lines entering each dwelling unit and also separate sump pump.

j.

Easements shall be provided upon each lot as may be necessary for ingress and egress, water, sewer and all other utility services.

k.

The single-family attached dwelling parcel shall be divided by certified survey map or subdivision plat pursuant to Chapter 25 Subdivisions and Other Land Divisions of the Municipal Code.

1.

A restrictive endorsement shall be placed on the face of the CSM or plat that reads, "When single-family attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe, use, repair and maintenance shall be guarded against by private/restrictive covenants and deed restrictions, and no approving authority shall be held responsible for the enforcement of same."

A copy of said restrictive covenants shall be submitted with the initial application for certified survey map or subdivision plat approval.

(Code 1977, § 20.10(6); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 9, 2-27-2019; Ord. No. 2021-02, § 1, 2-17-2021; Ord. No. 2025-04, § 2, 5-21-2025)

The purpose of this district is to create minimum density residential areas generally located on the fringe of one- and two-family residential neighborhoods. Uses that generate high volumes of traffic, noise and other disruptions are generally restricted.

(Code 1977, § 20.11(1))

The following permitted uses are allowed in the M-1 Multifamily Residence District:

(1)

Any use permitted in the R-2 Two-family Residence District.

(2)

Multifamily dwellings with three or less units.

(Code 1977, § 20.11(2); Ord. No. 2014-14, § 13, 8-6-2014)

The following permitted uses requiring site plan approval are allowed in the M-1 Multifamily Residence District:

(1)

Multifamily dwellings with four or more units.

(2)

Communications antenna.

(Code 1977, § 20.11(3); Ord. No. 2014-14, § 14, 8-6-2014; Ord. No. 2019-08, § 10, 2-27-2019)

The following special uses are allowed in the M-1 Multifamily Residence District:

(1)

All commercial and public radio, communication or telecommunication towers, microwave and television towers; and all private radio and television towers exceeding 60 feet in height.

(2)

Bed and breakfast inn.

(3)

Boardinghouse providing lodging for eight persons or less.

(4)

Religious institution.

(5)

Day care center/nursery school.

(6)

Manufactured home park.

(7)

Nursing home.

(8)

Park or playground.

(9)

Private club, fraternity or lodge.

(10)

Public library, museum, art gallery, or community center.

(11)

Railroad rights-of-way and uses essential to their operation.

(12)

School.

(13)

Electric substation.

(Code 1977, § 20.11(4); Ord. No. 2019-08, § 11, 2-27-2019)

The following garages, accessory buildings and uses are allowed in the M-1 Multifamily Residence District:

(1)

One garage stall per dwelling unit.

(2)

One accessory building per lot.

(3)

One private swimming pool.

(4)

Any of the following accessory uses per lot:

a.

One private recreation court.

b.

One satellite antenna/dish.

c.

Solar energy systems.

1.

Ground-mounted solar energy systems are not allowed in any actual or required front yard or required side yard, cannot exceed an overall height of 20 feet and must be set back from the property line a distance equal to its overall height.

2.

Roof- or wall-mounted solar energy systems shall not project more than five feet above the roof of the structure it is installed on and shall not exceed the maximum height, which is allowed for structures in this zoning district.

d.

One gazebo; not to exceed 300 square feet in gross area.

(5)

Yard sale.

(Code 1977, § 20.11(5); Ord. No. 1384, § 4, 12-3-2008; Ord. No. 2013-5, § 3, 2-20-2013; Ord. No. 2014-14, § 15, 8-6-2014)

Standards for M-1 Multifamily Residence District are as follows:

(1)

Minimum front yard setback, 20 feet or the average setback for a principal dwelling or use along the block. Structures shall be placed within plus or minus five feet of the average setback, but in the case where the average setback is less than 20 feet, the structure shall be located no less than the average setback.

(2)

Minimum side yard, ten feet on each side. For a single- or two-family dwelling, minimum side yards are the same as the R-2 District requirements.

(3)

Minimum rear yard, 25 feet.

(4)

Minimum side yard and rear yard from parcel boundaries of adjoining single-family or two-family residential uses or districts, 30 feet.

(5)

Maximum height, 45 feet or three stories.

(6)

Reserved.

(7)

Minimum side and rear yard of detached garages, accessory buildings and uses, three feet side yard and three feet rear yard.

(8)

Fence requirements, refer to Chapter 21, Article II of this Code.

(9)

Swimming pool yard requirements: No swimming pool or any related structure or equipment shall be located in any actual front yard, or less than ten feet from any side or rear yard lot line, except that when said pool is enclosed with a six-foot high privacy fence, the required side and rear yard may be reduced to six feet.

(10)

Minimum lot size, 7,200 square feet for a single-family dwelling, not less than 3,600 square feet per unit for a two-family dwelling and not less than 2,400 square feet per unit for a three or more family unit.

(11)

Parking, refer to (Section 26-551).

(12)

Forty percent of the lot in a final development plan for multifamily dwellings must be landscaped and maintained as open space. The Plan Commission, upon review and approval of open space and play areas, may reduce this requirement by up to 25 percent.

a.

Landscaped areas.

1.

The landscaped areas shall at a minimum, include the following plantings:

i.

0.20 canopy trees per dwelling unit.

ii.

0.40 ornamental trees per dwelling unit.

iii.

1.50 shrubs per dwelling unit.

2.

To allow flexibility in design in unique situations, and where such unique situation can be demonstrated, the following substitutions can be allowed with Plan Commission approval:

i.

One canopy tree for 1.5 understory trees;

ii.

One canopy tree for 9.0 shrubs;

iii.

One ornamental tree for 0.75 canopy trees;

iv.

One ornamental tree for 6.0 shrubs;

v.

One shrub for 0.1 understory trees;

vi.

One shrub for 0.07 canopy trees.

b.

Size and type of plant material. The type and minimum size of the plant material that shall satisfy the landscape requirements shall be:

1.

Canopy tree.

i.

Single stem: 2.5-inch caliper.

ii.

Multi-stem clump: Ten feet in height.

2.

Ornamental tree.

i.

Single stem: 1.5-inch caliper.

ii.

Multi-stem: Six feet in height.

3.

Evergreen tree: Five feet in height.

4.

Shrub.

i.

Deciduous: 24 inches in height.

ii.

Evergreen: 18 inches in height

A list of plant materials that may be used to satisfy these requirements is on file in the office of the Department of Community Development.

(13)

Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements.

(14)

Other landscaping requirements: institutional, public, and commercial uses allowed as special uses in this district must meet the landscape standards in Article X of this chapter.

(Code 1977, § 20.11(6); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 12, 2-27-2019; Ord. No. 2025-04, § 3, 5-21-2025)

The purpose of this district is to create high density residential development that is readily accessible to thoroughfares, shopping and employment. Similar to the M-1 District, it is the intent to restrict uses that generate high volumes of traffic and noise.

(Code 1977, § 20.12(1))

The following permitted uses are allowed in the M-2 Multifamily District:

(1)

Any use permitted in the M-1 Multifamily Residence District.

(Code 1977, § 20.12(2); Ord. No. 2014-14, § 16, 8-6-2014)

The following permitted uses requiring site plan approval are allowed in the M-2 Multifamily Residence District:

(1)

Multifamily dwellings with four or more units.

(2)

Communications antenna.

(Code 1977, § 20.12(3); Ord. No. 2014-14, § 17, 8-6-2014; Ord. No. 2019-08, § 13, 2-27-2019)

The following special uses are allowed in the M-2 Multifamily District:

(1)

All commercial and public radio, communication or telecommunication towers, microwave and television towers; and all private radio and television towers exceeding 60 feet in height.

(2)

Bed and breakfast inn.

(3)

Boardinghouse providing lodging for eight persons or less.

(4)

Religious institution.

(5)

Day care center/nursery school.

(6)

Manufactured home park.

(7)

Multifamily dwelling containing units of less than 550 square feet of gross floor area.

(8)

Nursing home.

(9)

Park or playground.

(10)

Private club, fraternity or lodge.

(11)

Public library, museum, art gallery, or community center.

(12)

Railroad rights-of-way and uses essential to their operation.

(13)

School.

(14)

Electric substation.

(Code 1977, § 20.12(4); Ord. No. 2019-08, § 14, 2-27-2019)

The following garages, accessory buildings and uses are allowed in the M-2 Multifamily District:

(1)

One garage stall per dwelling unit.

(2)

One accessory building per lot.

(3)

One private swimming pool.

(4)

Any of the following accessory uses per lot:

a.

One private recreation court.

b.

One satellite antenna/dish.

c.

Solar energy systems.

1.

Ground-mounted solar energy systems are not allowed in any actual or required front yard or required side yard, cannot exceed an overall height of 20 feet and must be set back from the property line a distance equal to its overall height.

2.

Roof- or wall-mounted solar energy systems shall not project more than five feet above the roof of the structure it is installed on and shall not exceed the maximum height, which is allowed for structures in this zoning district.

d.

One gazebo, not to exceed 300 square feet in gross area.

(5)

Yard sale.

(Code 1977, § 20.12(5); Ord. No. 1384, § 4, 12-3-2008; Ord. No. 2013-5, § 3, 2-20-2013; Ord. No. 2014-14, § 18, 8-6-2014)

Standards for M-2 Multifamily District are as follows:

(1)

Minimum front yard setback, 20 feet or the average setback for a principal dwelling or use along the block. Structures shall be placed within plus or minus five feet of the average setback, but in the case where the average setback is less than 20 feet, the structure shall be located no less than the average setback.

(2)

Minimum side yard, ten feet on each side. For a single- or two-family dwelling, minimum side yards are the same as the R-2 District requirements.

(3)

Minimum rear yard, 25 feet.

(4)

Minimum side yard and rear yard from parcel boundaries of adjoining single-family or two-family residential uses or districts, 30 feet.

(5)

Maximum height, 45 feet or three stories.

(6)

Reserved.

(7)

Minimum side and rear yard of detached garages, accessory buildings and uses, three feet side yard and three feet rear yard.

(8)

Fence requirements, refer to Article II of Chapter 21 of this Code.

(9)

Swimming pool requirements: No swimming pool or any related structure or equipment shall be located in any actual front yard, or less than ten feet from any side or rear yard lot line, except that when said pool is enclosed with a six-foot high privacy fence, the required side and rear yard may be reduced to six feet.

(10)

Minimum lot size, 6,000 square feet for a single-family dwelling, not less than 3,000 square feet per unit for a two-family unit, 1,500 square feet per unit for a three or more family unit, and 750 square feet per unit for a dwelling unit containing less than 550 square feet.

(11)

Parking, refer to Section 26-551.

(12)

Forty percent of the lot in a final development plan for multifamily dwellings must be landscaped and maintained as open space. The Plan Commission, upon review and approval of open space and play areas, may reduce this requirement by up to 25 percent.

a.

Landscaped areas.

1.

The landscaped areas shall at a minimum, include the following plantings:

i.

0.20 canopy trees per dwelling unit.

ii.

0.40 ornamental trees per dwelling unit.

iii.

1.50 shrubs per dwelling unit.

2.

To allow flexibility in design in unique situations, and where such unique situation can be demonstrated, the following substitutions can be allowed with Plan Commission approval:

i.

One canopy tree for 1.5 ornamental trees;

ii.

One canopy tree for 9.0 shrubs;

iii.

One ornamental tree for 0.75 canopy trees;

iv.

One ornamental tree for 6.0 shrubs;

v.

One shrub for 0.1 ornamental trees;

vi.

One shrub for 0.07 canopy trees.

b.

Size and type of plant material. The type and minimum size of the plant material that shall satisfy the landscape requirements shall be:

1.

Canopy tree.

i.

Single stem: 2.5-inch caliper.

ii.

Multi-stem: Ten feet in height.

2.

Ornamental tree.

i.

Single stem: 1.5 inch caliper.

ii.

Multi-stem: Six feet in height.

3.

Evergreen tree: Five feet in height.

4.

Shrub.

i.

Deciduous: 24 inches in height.

ii.

Evergreen: 18 inches in height.

A list of plant materials that may be used to satisfy these requirements is on file in the office of the Department of Community Development.

(13)

Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements.

(14)

Other landscaping requirement: Institutional, public and commercial uses allowed as special uses in this district must meet the landscape standards in Article X of this chapter.

(Code 1977, § 20.12(6); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 15, 2-27-2019; Ord. No. 2025-04, § 4, 5-21-2025)

The purpose of this district is to accommodate a wide range of retail, commercial, service and product establishments. It is also intended to accommodate the development of mixed land uses which will allow the combination of commercial and residential uses in the same structure.

(Code 1977, § 20.13(1))

Editor's note— Ord. No. 2019-08, § 16, adopted Feb. 27, 2019, repealed § 26-34, which pertained to permitted sues and derived from Code 1977, § 20.13(2).

The following permitted uses requiring site plan approval are allowed in the C-1 General Commercial District:

(1)

Multifamily dwellings with three or more units.

(2)

Retail sale, rental, and repair services including:

Animal hospitals.

Antique shops.

Audio and video equipment and merchandise.

Automotive accessory stores.

Automotive and truck washes.

Bakeries.

Barber shops.

Beauty shops.

Bicycle sales.

Book/stationery stores.

Candy and ice cream stores.

Camera and photographic supply stores.

Catering services.

China and glassware stores.

Clothing and apparel stores.

Computer and computer accessory stores.

Convenience stores.

Custom dressmaking.

Day care center.

Drug stores.

Dry cleaning and laundry.

Electronic and house ware appliance stores.

Flower shops.

Fruit and produce stands.

Furniture and home furnishings stores.

Garden supply stores.

Gift shops.

Grocery stores.

Hardware and paint stores.

Hobby shops.

Jewelry stores.

Landscape nurseries.

Leather goods and luggage stores.

Locksmiths.

Major department stores.

Meat markets.

Musical instrument stores.

Office supply stores.

Optical goods stores.

Orthopedic sales and supply stores.

Pet stores and grooming shops.

Photo studios.

Schools for music, dance and the martial arts.

Sewing machine shops.

Shoe stores.

Small equipment rental.

Sporting goods stores.

Tailor shops.

Tobacco shops.

Travel bureaus.

(3)

Other establishments, institutions and uses including:

Adult establishments which are more than 500 feet from schools, churches, community living arrangements, day care centers/nursery schools, family day care homes, parks, playgrounds and other community facilities.

Boardinghouse.

Bed and breakfast inn.

Banks and financial institutions (not including drive-in).

Bowling alleys.

Clinics or medical offices.

Dance halls.

Hotels/motels.

Indoor commercial recreational facilities.

Meeting/assembly halls.

Public buildings.

Professional offices and similar establishments.

Railroad rights-of-way and uses essential to railroad operation.

Restaurants (not including drive-in).

Taverns.

Theaters (indoor).

(4)

Single-family or two-family residences built before June 1, 2025.

(5)

Uses not explicitly enumerated in the section as permitted uses, but closely similar thereto provided that these uses are not specified elsewhere as requiring a special use permit or conditional site plan approval.

(Ord. No. 2014-14, § 19, 8-6-2014; Ord. No. 2019-08, § 17, 2-27-2019; Ord. No. 2025-04, § 5, 5-21-2025)

Editor's note— Ord. No. 2014-14, § 19, adopted Aug. 6, 2014, repealed § 26-235 in its entirety and enacted a new § 26-235 to read as set out herein. Former § 26-235 pertained to permitted uses requiring conditional site plan approval and derived from the Code of 1977, § 20.13(3).

The following special uses are allowed in the C-1 General Commercial District:

(1)

Airport/heliport.

(2)

Automotive and truck rentals, sales, service and auto body.

(3)

Bank and financial institution (drive-in).

(4)

Boat, camper and travel trailer sales/rentals.

(5)

Commercial greenhouses.

(6)

Commercial kennels.

(7)

Communication radios, telecommunication towers, microwave or television towers.

(8)

Gasoline stations.

(9)

Manufactured home sales.

(10)

Office buildings exceeding three stories in height.

(11)

Outdoor commercial recreational facility.

(12)

Recreational vehicle sales/service.

(13)

Restaurant (drive-in).

(14)

Stadium or auditorium.

(15)

Theaters (outdoor).

(16)

Truck sales and service.

(17)

Electric substation.

(Code 1977, § 20.13(4); Ord. No. 2014-14, § 20, 8-6-2014; Ord. No. 2019-08, § 18, 2-27-2019)

The following accessory buildings and uses are allowed in the C-1 General Commercial District:

(1)

Accessory buildings and uses customary with and incidental to the principal use are permitted unless otherwise excluded by this Code.

(2)

Warehousing customarily incidental to any of the preceding permitted uses or special uses.

(Code 1977, § 20.13(5))

Standards for C-1 General Commercial District are as follows:

(1)

Minimum front yard setback, ten feet. If abutting a residential district, all buildings shall adhere to the average setback of the abutting district.

(2)

Minimum side yard, none unless perimeter and bufferyard landscaping requirements apply, refer to Section 26-516.

(3)

Minimum rear yard, ten feet. If perimeter and buffer yard landscaping requirements apply, refer to Section 26-516.

(4)

If residential development is the principal use, then all requirements and standards of the applicable residential district apply (Single-Family Use (R-1 District), Two-Family Use (R-2 District, and Multi-Family Use (M-1 District)).

(5)

Maximum height, 45 feet or three stories.

(6)

Maximum lot coverage of buildings shall not exceed 30 percent. The Plan Commission, upon review, may increase this requirement to 40 percent.

(7)

Landscaping requirements. All uses must meet the landscape standards in Article X of this chapter. A minimum of ten percent of the site shall be put into greenspace improvements.

(8)

Parking, refer to Section 26-551.

(9)

Minimum shoreyard setback, 50 feet for a principal structure or use and accessory structures or uses.

(Code 1977, § 20.13(6); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 19, 2-27-2019)

The purpose of this district is to provide for a centrally located, readily accessible area which offers a wide variety of retail, service and governmental uses. It is also intended to accommodate residential uses in the same structure.

(Code 1977, § 20.14(1))

The following permitted uses are allowed with site plan review in the C-2 Central Business District:

(1)

Animal hospital.

(2)

Antique shops.

(3)

Bakeries.

(4)

Barber/beauty shops.

(5)

Banks and financial institutions (except drive-in facilities).

(6)

Banquet hall.

(7)

Bed and breakfast inn.

(8)

Book store.

(9)

Coffee house.

(10)

Catering services.

(11)

China and glassware stores.

(12)

Clinics or medical offices requiring less than 40 parking stalls.

(13)

Clothing and apparel stores.

(14)

Custom dressmaking stores.

(15)

Dry cleaning and laundry services.

(16)

Flower shops.

(17)

Furniture and home furnishing stores.

(18)

Gift shops.

(19)

Grocery stores.

(20)

Hardware stores.

(21)

Hobby shops.

(22)

Hotel or motel.

(23)

Jewelry stores.

(24)

Musical instrument sales/service.

(25)

Multi-family residences (four or more dwelling units).

(26)

Off-street surface parking lot or parking structure.

(27)

Photo studios.

(28)

Professional offices and similar establishments.

(29)

Public buildings.

(30)

Restaurants (except drive-in).

(31)

Residential dwelling units as an accessory use to a commercial use and located above the principle use.

(32)

Schools for music, dance, fitness, and the martial arts.

(33)

Shoe stores.

(34)

Tailor shops.

(35)

Taverns.

(36)

Travel bureaus.

(37)

Uses not explicitly enumerated in the section as permitted uses, but closely similar thereto provided that these uses are not specified elsewhere as requiring a special use permit or conditional site plan approval.

(Code 1977, § 20.14(2); Ord. No. 2014-14, § 21, 8-6-2014; Ord. No. 2019-08, § 20, 2-27-2019)

The following special uses are allowed in the C-2 Central Business District:

(1)

Automotive and truck washes.

(2)

Clinic or medical offices.

(3)

Drive-in restaurants.

(4)

Financial institution drive-in facility.

(5)

Gasoline stations.

(6)

Office buildings exceeding three stories or 45 feet in height.

(7)

Public park.

(8)

Radio, microwave, television tower, or telecommunication tower.

(9)

Stadium or auditorium.

(10)

Religious institution.

(11)

Schools (public and private).

(Ord. No. 2014-14, §§ 23, 24, 8-6-2014; Ord. No. 2019-08, § 21, 2-27-2019)

Editor's note— Ord. No. 2014-14, § 22, adopted Aug. 6, 2014, repealed § 26-272 in its entirety. The former § 26-272 pertained to permitted uses requiring conditional site plan approval and derived from the Code of 1977, § 20.14(3). Furthermore, § 23 amended § 26-273 and renumbered § 26-273 as § 26-272.

The following accessory buildings and uses are allowed in the C-2 Central Business District: Accessory buildings or uses customary with and incidental to the principal use are permitted unless otherwise excluded by this Code.

(Code 1977, § 20.14(5); Ord. No. 2014-14, § 24, 8-6-2014)

Editor's note— Ord. No. 2014-14, § 24, adopted Aug. 6, 2014, renumbered §§ 26-274—26-276 as §§ 26-273—26-275.

Standards for C-2 Central Business District are as follows:

(1)

Minimum front yard setback, none, unless off-street parking spaces are located between the right-of-way line and any buildings on the lot, necessitating a ten-foot setback. Refer to Section 26-516.

(2)

Minimum side yard, none, unless perimeter and buffer yard landscaping requirements apply. Refer to Section 26-516.

(3)

Minimum rear yard, none, unless perimeter and buffer yard landscaping requirements apply. Refer to Section 26-516.

(4)

If multifamily development of three stories or less is the principal use, then all requirements and standards of the applicable multifamily district apply.

(5)

Maximum height, 100 feet or six stories.

(6)

Parking, no off-street parking is required for the C-2 District, however, provision for such parking is encouraged. If multifamily development is the principal use, parking shall be provided as referred to in Subsection 26-551(a)(2).

(7)

Landscaping requirements, all uses must meet the landscape standards in Article X of this chapter.

(8)

Minimum shore yard setback, 50 feet for a principal structure or use or accessory structure or use. The Plan Commission, upon review and approval, may reduce the setback requirement to 25 feet provided sufficient public access is provided along the waterway and at least 50 percent of the 50-foot setback area is maintained in open space.

(Code 1977, § 20.14(6); Ord. No. 1251, § 1, 2-18-2004; Ord. No. 1253, § 1, 3-3-2004; Ord. No. 2013-5, §§ 5, 6, 2-20-2013; Ord. No. 2014-14, § 24, 8-6-2014)

Editor's note— See § 26-273 editor's note.

The purpose of this district is to permit and encourage contemporary commercial and/or industrial development in a planned, controlled setting adjacent to major highways. The Planned Business Center District is established to provide a desirable location for those business uses which are harmonious with and do not constitute a hazard or nuisance to the surrounding uses. Residential uses are prohibited.

(Code 1977, § 20.15(1))

The following permitted uses requiring site plan approval are allowed in the I-1 Planned Business Center District:

(1)

Communications antenna.

(2)

Radio, microwave or television tower.

(3)

Railroad rights-of-way and uses essential to railroad operation.

(4)

Retail trade, finance, insurance, real estate, office and other services.

(5)

Manufacture, assembly, compounding, processing and packaging of goods, materials and products.

(6)

Printing, publishing, and engraving.

(7)

Research, laboratory and testing facilities.

(8)

Transportation, trucking facilities or terminals and enclosed repair facilities.

(9)

Wholesale, warehousing, storage and distribution (not including self-storage or mini-warehouse facilities).

(Code 1977, § 20.15(2); Ord. No. 2014-14, § 25, 8-6-2014; Ord. No. 2019-08, § 22, 2-27-2019)

The following special uses are allowed in the I-1 Planned Business Center District:

(1)

Public utility structures and electric substations.

(2)

Telecommunication towers.

(Code 1977, § 20.15(3); Ord. No. 2014-14, § 26, 8-6-2014; Ord. No. 2019-08, § 23, 2-27-2019)

The following accessory buildings and uses are allowed in the I-1 Planned Business Center District: Accessory buildings and uses customary with and incidental to the principal use are permitted unless otherwise excluded by this Code.

(Code 1977, § 20.15(4))

Standards for the I-1 Planned Business Center District are as follows:

(1)

Minimum area to be zoned Planned Business Center, ten acres.

(2)

Minimum lot size, 20,000 square feet.

(3)

Minimum front yard setback, 30 feet for buildings and ten feet for parking.

(4)

Minimum side yard, ten feet. If perimeter and bufferyard landscaping requirements apply, refer to Section 26-516.

(5)

Minimum rear yard, ten feet. If perimeter and bufferyard landscaping requirements apply, refer to Section 26-516.

(6)

Maximum building height, 100 feet.

(7)

Maximum lot coverage of buildings shall not exceed 30 percent for a commercial type use, and 60 percent for an industrial type use. The Plan Commission, upon review, may increase the coverage for commercial type uses to 40 percent.

(8)

Landscaping requirements. All uses must meet the landscape standards in Article X of this chapter. For commercial type uses, a minimum of ten percent of the site shall be put into greenspace improvements. For industrial type uses, a minimum of five percent of the site shall be put into greenspace improvements.

(9)

Parking, refer to Section 26-551.

(10)

Minimum shoreyard setback, 50 feet for a principal structure or use and accessory structures or uses.

(11)

Outdoor storage of material, equipment, or products for a period exceeding 24 hours is prohibited unless the outdoor storage area is completely screened with a six-foot tall sight tight fence. Personal items not associated with the business such as recreational vehicles, trailers, personal vehicles or other similar vehicles are strictly prohibited from being stored on the property.

(Code 1977, § 20.15(5); Ord. No. 2018-10, § 1, 8-1-2018; Ord. No. 2019-08, § 24, 2-27-2019)

The purpose of this district is to encourage manufacturing, warehousing, and other similar uses in areas already established for such uses. Residential uses are prohibited.

(Code 1977, § 20.16(1))

The following permitted uses requiring site plan approval are allowed in the I-2 General Industrial District:

(1)

Communications radio, microwave or television tower.

(2)

Insurance, real estate, office and other services incidental and complementary to local industry.

(3)

Manufacture, assembly, compounding, processing and packaging of goods, materials and products.

(4)

Parks.

(5)

Printing, publishing and engraving.

(6)

Public utility structures and electric substations.

(7)

Railroad rights-of-way and uses essential to railroad operation.

(8)

Research, laboratory and testing facilities.

(9)

Transportation, trucking facilities or terminals and enclosed repair facilities.

(10)

Wholesale, warehousing, storage and distribution (not including self-storage and mini-warehouse facilities).

(Ord. No. 2014-14, § 27, 8-6-2014; Ord. No. 2019-08, § 25, 2-27-2019)

Editor's note— Ord. No. 2014, § 27, adopted Aug. 6, 2014, repealed § 26-326 in its entirety and set out a new § 26-326 to read as set out herein. Former § 26-326 pertained to permitted uses and derived from the Code of 1977, § 20.16(2).

The following special uses are allowed in the I-2 General Industrial District:

(1)

Garbage and rubbish reduction or dumping.

(2)

Fuel storage and refining.

(3)

Mining, quarrying, etc., activities.

(4)

Smelting of ferrous or nonferrous metals.

(5)

Produce terminal - wholesale.

(6)

Self-storage and mini-warehouse facilities.

(Code 1977, § 20.16(4); Ord. No. 2014-14, § 28, 8-6-2014; Ord. No. 2019-08, § 26, 2-27-2019)

Editor's note— Ord. No. 2014-14, § 28, adopted Aug. 6, 2014, repealed § 26-327 in its entirety. Former § 26-327 pertained to permitted uses requiring conditional site plan approval and derived from the Code of 1977, § 20.16(3). Furthermore, § 29 of the ordinance renumbered §§ 26-328—26-330 as §§ 26-327—26-329.

The following accessory buildings and uses are allowed in the I-2 General Industrial District:

(1)

Dwellings for watchmen.

(2)

Accessory buildings and uses customary with and incidental to the principal use are permitted unless otherwise excluded by this Code.

(Code 1977, § 20.16(5); Ord. No. 2014-14, § 29, 8-6-2014)

Editor's note— See § 26-327 editor's note.

Standards for the I-2 General Industrial District are as follows:

(1)

Minimum front yard setback, ten feet.

(2)

Minimum side yard setback, none, unless perimeter and buffer yard landscaping requirements apply. Refer to Section 26-516.

(3)

Minimum rear yard, ten feet. If perimeter and buffer yard landscaping requirements apply, refer to Article X of this chapter.

(4)

Maximum building height, 100 feet.

(5)

Maximum lot coverage, 60 percent for all buildings.

(6)

Landscaping requirements, all uses must meet the landscape standards in Article X of this chapter. A minimum of five percent of the site shall be put into greenspace improvements.

(7)

Parking, refer to Section 26-551.

(8)

Minimum shore yard setback, 50 feet for a principal structure or use or accessory structure or use. The Plan Commission, upon review and approval, may reduce the setback requirement to 25 feet provided sufficient public access is provided along the waterway and at least 50 percent of the 50-foot setback area is maintained in open space.

(9)

Outdoor storage of material, equipment, or products for a period exceeding 24 hours is prohibited unless the outdoor storage area is completely screened with a sight tight fence. Personal items not associated with the business such as recreational vehicles, trailers, personal vehicles or other similar vehicles are strictly prohibited from being stored on the property.

(Code 1977, § 20.16(6); Ord. No. 1253, § 1, 3-3-2004; Ord. No. 2014-14, § 29, 8-6-2014; Ord. No. 2019-08, § 27, 2-27-2019)

Editor's note— See § 26-327 editor's note.

The purpose of this district is to promote planned residential and commercial development, in the outlying growth areas of the City, which will be enhanced by coordinated site planning that is implemented in a comprehensive manner. Specifically, this district's purpose is to:

(1)

Assure that growth is planned and accomplished within the City's goals both for the surrounding neighborhood and the community as a whole.

(2)

Promote flexibility in design and the efficient use of land to facilitate a more economic arrangement of buildings, uses, circulation systems and utilities.

(3)

Provide for the accomplishment of external architectural unity so as to promote design harmony.

(4)

Preserve to the greatest extent possible, existing landscape features and natural amenities, and utilize such features in an effective manner.

(5)

Enhance the natural setting through the placement of manmade facilities and plant materials.

(6)

Provide more useable and suitably located common and open space areas than would otherwise be provided under conventional land development procedures.

(Code 1977, § 20.17(1))

Development shall be planned, reviewed and carried out in conformance with all municipal, state, and other laws and regulations. However, in interpreting and applying the provisions of this division, it shall take precedence and be controlling when there is conflict between its provisions and those contained elsewhere in this chapter, or Chapter 25, Subdivisions and other Land Divisions.

(Code 1977, § 20.17(2); Ord. No. 2012-8, § 2, 7-18-2012)

To develop land under this district requires a two-step approval procedure, as described in this division. The initial step requires the approval by the City of a Master Development Plan for the area to be developed, and the approval of the rezoning of said area to Planned Development District. The second step requires project approval by the City before any development within the area zoned Planned Development commences.

(Code 1977, § 20.17(3))

The procedure required to rezone property to Planned Development District shall follow the requirements at Section 26-27, except that a rezoning application must be accompanied by a Master Development Plan for the area, and shall also be subject to the following additional requirements:

(1)

Pre-application consultation. This meeting is intended to inform the City of the proposed project, and to inform the applicant of the Code standards and regulations that will impact the project. The applicant will confer with the Department of Community Development and other departments of the City as required in preparation of submitting the application. Areas of discussion will include, but not be limited to the following topics:

a.

Scope and size of development, and proposed land uses.

b.

Parking and open space considerations.

c.

Infrastructure needs, and traffic impacts.

d.

Conformance with the Comprehensive Plan for the City.

City staff will offer advice to the applicant regarding the proposed plan. No oral, written or schematically illustrated statement made during the course of the conference shall be held as legally binding.

(2)

Application for zoning and master plan approval. Applications for approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required fee, shall accompany the application. The Master Development Plan shall include:

a.

The names, addresses, and telephone numbers of the owner, the developer, and the site planner.

b.

A legal description of the site, the length and bearing of exterior boundaries, and a description of easements or other restrictions.

c.

A statement describing the general character of the proposed development, its conformance with neighborhood and community goals, timing of development, and appropriate data including total acreage, types of land uses, development densities, and if appropriate, the number and type of dwelling units.

d.

A general outline describing the proposed owner-developer relationship, deed restrictions, and private provision of common services to be provided, if any.

e.

Existing site conditions including topography at intervals not to exceed two feet, existing improvements with an indication as to whether they will be retained or removed, drainage patterns, and wooded or other natural features.

f.

The pattern of proposed land uses, including the shape, size and arrangement of use areas and their relationship to adjoining uses, as well as a graphic outline showing proposed staging.

g.

The pattern of public and private streets.

h.

A preliminary utility plan.

i.

The location and description of any areas to be dedicated to the public.

(3)

Review and approval. Approval of the proposed zoning to Planned Development District shall constitute approval of the related Master Development Plan. The Master Development Plan shall be considered an integral component of the district regulations and shall establish the basic right of use for the area in conformity with said plan.

(Code 1977, § 20.17(4))

No development, construction, reconstruction, or alteration affecting approved uses may occur in an area zoned Planned Development District until, project approval has been granted by the Common Council. The procedure for such approval shall be as noted below:

(1)

Application for project approval. Applications for project approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required fee, shall accompany the application.

(2)

Review and approval. At its next regularly scheduled meeting, the Plan Commission shall initiate review and action on the proposed project. The Plan Commission shall, within 45 days from the initial review meeting, determine the appropriateness of the proposed project, and its conformance with the Master Development Plan for the district as well as the standards and regulations of this subchapter. The Plan Commission shall recommend to the Council that the petition be approved, approved with modifications, or disapproved. If disapproved, the Plan Commission shall enumerate the reasons for such recommendation. Upon the receipt of the recommendation of the Plan Commission, the Common Council shall deliberate over the proposed project, and by ordinance, vote to grant or deny project approval.

(3)

Changes in approved project. Modifications to an approved project plan which will cause a change in the use, character or arrangement of the development, a change in approved open space, an increase in the intensity and coverage of structures, an increase in problems of traffic circulation and public utilities, or a change in off-street parking areas or required pavement widths shall be authorized by the Common Council, upon recommendation of the Plan Commission. Any approved changes shall be in ordinance form as amendments to the previously granted project approval. Minor changes in location, setting, and elevation of buildings, driving and parking areas, and landscaping may be authorized by the Director of Community Development if such changes are required by engineering or other circumstances that could not have been foreseen at the time project approval was granted.

(4)

Expiration of approval. If, after 12 months from the project approval date, required building and mechanical permits have not been issued and all subsurface construction to grade level has not been completed, and/or no use, as established by the approval ordinance is operating, said approval shall lapse and be of no further effect. If a project approval ordinance lapses under the provisions of this subsection, the zoning regulations applicable to the ordinance shall be in effect.

(Code 1977, § 20.17(5))

(a)

No building or structure shall be erected which is arranged, intended, or designed to be used for other than those uses which are specifically approved in the ordinance authorizing project approval. In accordance with the adopted Master Development Plan and the City's Comprehensive Plan, the Common Council may allow as permitted uses, those principal, accessory, or special uses allowed in the R-1, R-2, M-1, M-2, C-1 and C-2 district classifications as cited in this chapter.

(b)

Notwithstanding any other provision in this chapter, all lawful uses existing on the effective date of the ordinance from which this chapter is derived may be continued, until a project approval ordinance is adopted which would allow additional or different uses. No such lawful uses shall be expanded or exchanged, except as provided for in a project approval ordinance.

(Code 1977, § 20.17(6))

Permitted uses, all of which are subject to project approval, shall be governed by performance standards that relate to the total concept of the Master Development Plan. Such standards shall be consistent with the criteria set forth in this chapter, and with generally accepted basic standards necessary to ensure the protection of the public health, safety and welfare. All use standards and requirements shall be established as conditions in the ordinance authorizing project approval.

(1)

Tract size. The minimum size of a Planned Development District shall be two acres.

(2)

Setbacks. Setbacks for structures and parking areas shall be established so as to insure compatibility both within the District and with adjoining developments, uses and zoning districts. In establishing setbacks, the Plan Commission and Common Council shall consider suitable distances based on the proposed heights of structures, to ensure adequate separation of uses.

(3)

Height limitations. Heights of structures shall be regulated to the extent that they relate to the proposed development and to the general area within which the development is proposed to be located.

(4)

Density. The maximum dwelling unit density shall be 30 units per gross acre with a minimum of 40 percent of the lot landscaped and maintained as open space. The maximum dwelling unit density can be increased to 35 units per gross acre provided a minimum of 50 percent of the lot is landscaped and maintained as open space. The maximum site coverage for commercial buildings shall be 30 percent.

(5)

Landscape and open space. Landscaping shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. All uses must meet the landscape standards in Article X of this chapter.

(6)

Signs. Specific sign regulations shall be contained in each project approval ordinance passed for development in the district; however, in no case shall they be less restrictive than required for signs in the C-1 General Commercial District.

(7)

Off-street parking. All off-street parking must meet the requirements set forth at Article IX of this chapter.

(8)

Design considerations. Design standards and requirements outlined below will be utilized by the Plan Commission in determining the adequacy of all plans for development in the district.

a.

Consideration shall be given to the Master Development Plan for the district, to ensure compatibility with established goals and priorities.

b.

The development shall take into account relevant features of adjacent existing development.

c.

Overall design shall provide for the appearance of external unity throughout the development. Variations in building elevations and materials used therein shall be encouraged insofar as they reinforce rather than hamper the design harmony.

d.

Physical layout and form of all development shall be designed with regard to the topography and natural features of the project site.

e.

The site shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas.

f.

Plant material shall be selected for interest in its structure, texture, color, and for its ultimate growth. Native materials shall be employed as feasible. Existing trees shall be preserved wherever possible.

g.

Sidewalks and/or other walkways shall be provided as necessary for safe and convenient movement both at the peripheries of the district as well as the internal flow within the development area. Walkway widths shall be designed with regard to their function and anticipated use. Natural features of the area to be traversed, and lighting suitable in scale with the project shall also be considered.

h.

Parking areas shall also be screened from adjacent structures, roads and traffic arteries, with hedges, dense plantings, earth berms, changes in grade, or walls. In addition, all parking lots shall be designed to accommodate tree and shrub plantings along internal islands, at levels determined adequate with each project approval ordinance.

(Code 1977, § 20.17(7); Ord. No. 1359, § 1, 6-6-2007; Ord. No. 1381, §§ 1, 2, 10-15-2008)

Applications for project approval shall include the following written and visual materials:

(1)

Certified topographic survey showing:

a.

Legal description of the site being developed, name(s) of all property owners, and seal of the registered surveyor making the plat.

b.

Dimensions and bearings of external property boundaries.

c.

The location of all existing structures, easements, utilities, streets, sidewalks, trees, parking areas, curb openings, floodplain and shoreyard areas, and public dedications either contained upon or adjacent to the site.

d.

Contour intervals of not more than two feet.

(2)

Project site plan showing:

a.

Areas to be developed for buildings, parking and landscaping, pedestrian and vehicular circulation, and finished topography; points of ingress and egress; location of all existing and proposed utilities.

b.

The names, right of way and roadway widths, approximate radii of curves, and length of tangents of all proposed public and private streets.

c.

Detailed lot layout and subdivision plan where required.

d.

Representative floor plans and exterior elevations of proposed multifamily and commercial structures and buildings, showing proposed exterior building materials, and drawn in relation to existing and proposed site elevations.

e.

Grading plan and storm drainage system.

f.

Existing topographic contours shall be shown as solid lines and proposed contours shall be shown as dashed lines.

(3)

Landscape plan showing:

a.

All information required for landscape plans submitted under Article X of this chapter.

b.

Signage and lighting plan.

(4)

Copies of agreements, bylaws, provisions or covenants governing organizational structure, use, maintenance and protection of the development and any of its common services, common open areas or other facilities.

(5)

Narrative statement explaining:

a.

The proposed development, including the nature of the project, proposed land uses, building types, conformance with the Master Development Plan, and timing of development.

b.

Quantitative data including total number, size, height and type of structures to be constructed, individual parcel sizes, lot coverage, area reserved for landscaped open space, number and type of landscape materials to be used, and total off-street parking stalls to be provided.

c.

Use analysis report detailing approximate job impact; approximate utility needs and effect upon infrastructure; possible nuisance factors either construction related or permanent, and the proposed means to alleviate them.

In the case of planned development to take place in stages or sections, the requirements as provided above shall only apply to the stage or section for which project approval is being sought. However each project approval request presented will be considered as it relates to the Master Development Plan of the district.

(Code 1977, § 20.17(8))

The purpose of this district is to allow the optional development and redevelopment of land in the City consistent with the design principles of traditional neighborhoods. Specifically, this district's purpose is to allow development that is:

(1)

Compact;

(2)

Is designed for human scale;

(3)

Provides a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood;

(4)

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes and incomes;

(5)

Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians and bicyclists and provides for the connections of those streets to existing and future developments;

(6)

Retains existing buildings with historical features or architectural features that enhance the visual character of the community;

(7)

Incorporates significant environmental features into the design;

(8)

Is consistent with the City's Comprehensive Plan.

(Code 1977, § 20.18(1))

Development shall be planned, reviewed and carried out in conformance with all municipal, State, and other laws and regulations. However, in interpreting and applying the provisions of this subchapter, it shall take precedence and be controlling when there is conflict between its provisions and those contained elsewhere in this chapter.

(Code 1977, § 20.18(2))

To develop land under this district requires a two-step approval procedure, as described in this subchapter. The initial step requires the approval by the City of a Master Development Plan for the area to be developed, and the approval of the rezoning of said area to Traditional Neighborhood Development District. The second step requires project approval by the City before any development within the area zoned Traditional Neighborhood Development District commences.

(Code 1977, § 20.18(3))

The procedure required to rezone property to Planned Development District shall follow the requirements of Section 26-27, except that a rezoning application must be accompanied by a Master Development Plan for the area, and shall also be subject to the following additional requirements:

(1)

Pre-application consultation. This meeting is intended to inform the City of the proposed project, and to inform the applicant of the Code standards and regulations that will impact the project. The applicant will confer with the Department of Community Development and other departments of the City as required in preparation of submitting the application. Areas of discussion will include, but not be limited to the following topics:

a.

Scope and size of development, and proposed land uses.

b.

Parking and open space considerations.

c.

Infrastructure needs, and traffic impacts.

d.

Conformance with the Comprehensive Plan for the City.

City staff will offer advice to the applicant regarding the proposed plan. No oral, written or schematically illustrated statement made during the course of the conference shall be held as legally binding.

(2)

Application for zoning and master plan approval. Applications for approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required fee, shall accompany the application. The Master Development Plan shall include:

a.

The names, addresses, and telephone numbers of the owner, the developer, and the site planner.

b.

A legal description of the site, the length and bearing of exterior boundaries, and a description of easements or other restrictions as well as a general location map of suitable scale, but not less than one inch equals 200 feet, which shows the location of the property within the community and adjacent parcels including locations of any public streets, railroads, streams or rivers and other major features within 1,000 feet of the site.

c.

Existing site conditions including topography at intervals not to exceed two feet, floodplains, wetlands, soils classified as "poorly drained" or "very poorly drained" soils with bedrock at or within 42 inches of the surface, existing improvements with an indication as to whether they will be retained or removed, drainage patterns, and wooded or other natural features.

d.

A statement describing the general character of the proposed development, its conformance with neighborhood and community goals, timing of development, and appropriate data including total acreage, types of land uses, development densities, and the number and type of dwelling units.

e.

A general outline describing the proposed owner-developer relationship, deed restrictions, and private provision of common services to be provided, if any.

f.

A conceptual site plan, at a scale of no less that one inch equals 100 feet, consisting of a map with proposed features and existing site features and uses that will remain. These features should include building outlines, locations of streets, transit stops, drives and parking areas, pedestrian and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces. The pattern of proposed land uses, including the shape, size and arrangement of use areas and their relationship to adjoining uses, as well as a graphic outline showing proposed staging should also be shown.

g.

Identification of the architectural style(s) of the Traditional Neighborhood Development and the accompanying site design style(s). The design style of the Traditional Neighborhood Development shall be conveyed with drawings or computer simulations of typical proposed building elevations including dimensions of building height and width, and facade treatment.

h.

A preliminary utility plan including a conceptual stormwater management plan.

i.

The location and description of any areas to be dedicated to the public.

j.

Any other information deemed necessary by the City in order to evaluate plans.

k.

Five copies of the above information shall be submitted plus two reduced sets no larger than 8½ inches by 11 inches.

(3)

Review and approval. Approval of the proposed zoning to Traditional Neighborhood Development District shall constitute approval of the related Master Development Plan. The Master Development Plan shall be considered an integral component of the district regulations and shall establish the basic right of use for the area in conformity with said plan.

(Code 1977, § 20.18(4))

No development, construction, reconstruction, or alteration affecting approved uses may occur in an area zoned Traditional Neighborhood Development District until the Common Council has granted a project approval. The procedure for such approval shall be as noted below:

(1)

Application for project approval. Applications for project approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required fee, shall accompany the application.

(2)

Review and approval. At its next regularly scheduled meeting, the Plan Commission shall initiate review and action on the proposed project. The Plan Commission shall, within 45 days from the initial review meeting, determine the appropriateness of the proposed project, and its conformance with the Master Development Plan for the district as well as the standards and regulations of this article. The Plan Commission shall recommend to the Council that the petition be approved, approved with modifications, or disapproved. If disapproved, the Plan Commission shall enumerate the reasons for such recommendation. Upon the receipt of the recommendation of the Plan Commission, the Common Council shall deliberate over the proposed project, and by ordinance, vote to grant or deny project approval.

(3)

Changes in approved project. Modifications to an approved project plan which will cause a change in the use, character or arrangement of the development, a change in approved open space, an increase in the intensity and coverage of structures, an increase in problems of traffic circulation and public utilities, or a change in off-street parking areas or required pavement widths shall be authorized by the Common Council, upon recommendation of the Plan Commission. Any approved changes shall be in ordinance form as amendments to the previously granted project approval. Minor changes in location, setting, and elevation of buildings, driving and parking areas, and landscaping may be authorized by the Director of Community Development if such changes are required by engineering or other circumstances that could not have been foreseen at the time project approval was granted.

(4)

Expiration of approval. All approval expirations shall be established as conditions in the ordinance authorizing project approval.

(Code 1977, § 20.18(5))

(a)

No building or structure shall be erected which is arranged, intended, or designed to be used for other than those uses which are specifically approved in the ordinance authorizing project approval. In accordance with the adopted Master Development Plan and the City's Comprehensive Plan, the Common Council may allow as permitted uses, those principal, accessory, or special uses allowed in the R-1, R-2, M-1, M-2, C-1 and C-2 District classifications as cited in this chapter.

(b)

Notwithstanding any other provision in this chapter, all lawful uses existing on the effective date of the ordinance from which this article is derived may be continued, until a project approval ordinance is adopted which would allow additional or different uses. No such lawful uses shall be expanded or exchanged, except as provided for in a project approval ordinance.

(Code 1977, § 20.18(6))

Permitted uses, all of which are subject to project approval, shall be governed by performance standards that relate to the total concept of the Master Development Plan. Such standards shall be consistent with the criteria set forth in this chapter, and with generally accepted basic standards necessary to ensure the protection of the public health, safety and welfare. All use standards and requirements shall be established as conditions in the ordinance authorizing project approval.

(1)

Tract size. The minimum size of a Traditional Neighborhood Development District shall be 40 acres for new developments and ten acres for infill developments.

(2)

Front setbacks. Structures in a mixed-use area shall have no minimum front setback except that a vision clearance triangle shall be maintained at all street corners. Structures in a mixed residential use area shall have a front setback between 15 and 25 feet.

(3)

Rear setbacks. Structures in a mixed-use area shall have no minimum rear setback. Structures in a mixed residential area shall have a minimum rear setback of 30 feet.

(4)

Side setbacks. Structures in a mixed-use area shall have no minimum side setback area. Provisions for zero lot-line single-family dwellings should be made in mixed-residential use areas, provided a reciprocal access easement is recorded for both lots and townhouses or other attached dwellings, provided that all dwellings have sufficient access to the rear yard through means other than the principal structure.

(5)

Density. The number of residential dwelling units and the amount of nonresidential developments (excluding open spaces) shall be determined as follows:

a.

In areas devoted to mixed residential uses:

1.

The number of single-family attached and detached units permitted shall be no more than eight units per net acre;

2.

The number of multifamily units shall be no more than 18 dwelling units per net acre;

3.

For each affordable housing unit provided under this section, one additional dwelling unit shall be permitted, up to a maximum 15 percent increase in dwelling units.

b.

In mixed use areas:

1.

The number of single-family and multifamily dwelling units permitted shall be calculated the same as above plus an additional number of units not to exceed ten percent of the amount permitted.

2.

Dwelling units constructed above commercial uses shall be permissible and shall be allowed in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increase by more than ten dwelling units or ten percent, whichever is greater.

3.

The total ground floor area of nonresidential development uses, including off-street parking, shall not exceed 25 percent of the traditional neighborhood development.

(6)

Open space. Open space uses such as environmental corridors, natural areas, and neighborhood parks should be incorporated into the traditional neighborhood development. Large recreation areas and community parks should be located at the periphery of the neighborhood rather than central locations. At least ten percent of the gross acreage of the Traditional Neighborhood Development must be in open space. At least 25 percent of the open space must be common open space offered for dedication to the public for parkland. The dedicated open space will be reserved for future parkland and should be of sufficient size and suitability to accommodate the proposed use. The City reserves the right to accept, accept with condition, or reject the proposed dedication. Neighborhoods along waterfronts shall provide suitable public space along the waterfront.

(7)

Height limitations. Heights of structures shall be regulated to the extent that they relate to the proposed development and to the general area within which the development is proposed to be located. In no case shall any structure exceed 45 feet or three stories.

(8)

Landscape and open space. All uses must meet the landscape standards in Article X of this chapter. A minimum of ten percent of the project area shall be put into greenspace improvements.

(9)

Street trees. A minimum of one canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete.

(10)

Signs. Specific sign regulations shall be contained in each project approval ordinance passed for development in the district; however, in no case shall they be less restrictive than required for signs in the C-1 General Commercial District.

(11)

Off-street parking. All off-street parking must meet the requirements set forth at Article IX of this chapter.

(12)

Sidewalk. Sidewalks and/or other walkways shall be provided along all streets for safe and convenient movement both at the peripheries of the district as well as the internal flow within the development area. Sidewalks and/or walkways shall connect all main building entrances to the public walk. Walkway widths shall be designed with regard to their function and anticipated use as well as the requirements of the Americans with Disabilities Act. Natural features of the area to be traversed, and lighting suitable in scale with the project shall also be considered.

(13)

Lot and block size. Lot and block size shall conform to the requirements of Chapter 25 of this Code. However, a variety of lot sizes should be provided to allow for housing diversity and to meet the projected requirements of people with different housing needs.

(14)

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated multi-use trails. On-street bicycle lanes shall be designed in accordance with the recommendations and standards applied by the City Traffic Engineer.

(15)

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters area provided, they shall be placed in highly visible locations that promote security and shall be well lighted.

(16)

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets" curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. Streets shall be designed in accordance with the standards identified in Chapter 25 of this Code as will as the recommendations and standards applied by the City Traffic Engineer.

(17)

Architectural standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.

a.

Guidelines for existing structures:

1.

Existing structures, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development.

2.

The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant structures.

b.

Guidelines for new structures:

1.

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.

2.

The front facade of the principal building on any lot in a Traditional Neighborhood Development shall face onto a public street.

3.

The front facade shall not be oriented to face directly toward a parking lot.

4.

Parking lots shall not be constructed between principal buildings and public streets.

5.

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural element shall define the front entrance to all residences.

6.

For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.

7.

New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

(18)

Design considerations. Design standards and requirements outlined below will be utilized by the Plan Commission in determining the adequacy of all plans for development in the district.

a.

Consideration shall be given to the Master Development Plan for the district, to ensure compatibility with established goals and priorities.

b.

The development shall take into account relevant features of adjacent existing development.

c.

Overall design shall provide for the appearance of external unity throughout the development. Variations in building elevations and materials used therein shall be encouraged insofar as they reinforce rather than hamper the design harmony.

d.

Physical layout and form of all development shall be designed with regard to the topography and natural features of the project site.

e.

The site shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas.

f.

Plant material shall be selected for interest in its structure, texture, color, and for its ultimate growth. Native materials shall be employed as feasible. Existing trees shall be preserved wherever possible.

g.

Parking areas shall also be screened from adjacent structures, roads and traffic arteries, with hedges, dense plantings, earth berms, changes in grade, or walls. In addition, all parking lots shall be designed to accommodate tree and shrub plantings along internal islands, at levels determined adequate with each project approval ordinance.

(Code 1977, § 20.18(7))

Applications for project approval shall include the following written and visual materials:

(1)

Certified topographic survey showing:

a.

Legal description of the site being developed, the length and bearing of exterior boundaries, and a description of easements or other restrictions as well as a general location map of suitable scale, which shows the location of the property within the community and adjacent parcels including locations of any public streets, railroads, streams or rivers and other major features within 1,000 feet of the site, name(s) of all property owners, and seal of the registered surveyor making the plat.

b.

The location of all existing structures, easements, utilities, streets, sidewalks, trees, parking areas, curb openings, floodplain and shoreyard areas, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within 42 inches of the surface, and public dedications either contained upon or adjacent to the site.

c.

Contour intervals of not more than two feet.

(2)

Project site plan showing:

a.

Areas to be developed for buildings, parking and landscaping, pedestrian and vehicular circulation; finished topography; points of ingress and egress; location of all existing and proposed utilities.

b.

The names, right of way and roadway widths, approximate radii of curves, and length of tangents of all proposed public and private streets.

c.

Detailed lot layout and subdivision plan where required.

d.

Representative floor plans and exterior elevations of proposed multifamily and commercial structures and buildings, showing proposed exterior building materials, and drawn in relation to existing and proposed site elevations.

e.

Grading plan and stormwater management plan.

f.

Existing topographic contours shall be shown as solid lines and proposed contours shall be shown as dashed lines.

(3)

Landscape plan showing:

a.

All information required for landscape plans submitted under Article X of this chapter.

b.

Signage and lighting plan.

(4)

Copies of agreements, bylaws, provisions or covenants governing organizational structure, use, maintenance and protection of the development and any of its common services, common open areas or other facilities.

(5)

Narrative statement explaining:

a.

The proposed development, including the nature of the project, proposed land uses, building types, conformance with the Master Development Plan, and timing of development.

b.

Quantitative data including total number, size, height and type of structures to be constructed, individual parcel sizes, lot coverage, area reserved for landscaped open space, number and type of landscape materials to be used, and total off-street parking stalls to be provided.

c.

Use analysis report detailing approximate job impact; approximate utility needs and effect upon infrastructure; possible nuisance factors either construction related or permanent, and the proposed means to alleviate them. In the case of planned development to take place in stages or sections, the requirements as provided above shall only apply to the stage or section for which project approval is being sought. However each project approval request presented will be considered as it relates to the Master Development Plan of the district.

(6)

Any other information deemed necessary by the City in order to evaluate plans.

(7)

Five copies of the above information shall be submitted plus two reduced sets no larger than 8½ inches by 11 inches.

(Code 1977, § 20.18(8))

The purpose of this district is to accommodate those uses associated with the care and treatment of human ailments, in a planned development setting. Specifically this district's purpose is to:

(1)

Assure that growth is planned to recognize longterm neighborhood and preservation goals.

(2)

Promote the efficient use of land to facilitate a more economic arrangement of buildings, uses, circulation systems, and utilities.

(3)

Provide for the accomplishment of external architectural unity throughout the district, so as to promote design harmony.

(4)

Control development of facilities and uses near the periphery of the district so as to be harmonious with neighboring areas.

(5)

Preserve to the greatest extent possible, existing landscape features and amenities, and utilize such features in an effective manner.

(6)

Provide more useable and suitably located common and open space areas than would otherwise be provided under conventional land development procedures.

(Code 1977, § 20.19(1))

Development shall be planned, reviewed, and carried out in conformance with all municipal, State, and other laws and regulations. However, in interpreting and applying the provisions of this division, it shall take precedence and be controlling when there is conflict between its provisions and those contained elsewhere in this chapter.

(Code 1977, § 20.19(2))

No development, construction, reconstruction or alteration affecting approved uses may occur in this district, with the exceptions noted below, until project approval has been granted by the Common Council. The procedure for such approval shall be as noted below:

(1)

Pre-application consultation. This meeting is intended to inform the City of the proposed project, and to inform the applicant of the Code standards and regulations that will impact the project. The applicant will confer with the Department of Community Development and other departments of the City as required in preparation of submitting the application. Areas of discussion will include, but not be limited to, the following topics:

a.

Project scope and size, and proposed land uses.

b.

Parking and open space considerations.

c.

Infrastructure needs, and traffic impacts.

d.

Conformance with the longterm development plan for the district.

City staff will offer advice to the applicant regarding the proposed project. No oral, written or schematically illustrated statement made during the course of the conference shall be held as legally binding.

(2)

Application for project approval.

a.

Filing; fee. Application for project approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required fee, shall accompany the application.

b.

Public hearing. At its next regularly scheduled meeting, the Plan Commission shall schedule the dates of its own informal public hearing, and the formal public hearing before the Common Council. Prior to such formal hearing, the City shall publish a Class 2 notice, as provided in Wis. Stats. ch. 985, in the official newspaper of the City. All owners of property lying within 200 feet of the Community Health District will be notified of the pending hearings.

(3)

Review and approval.

a.

Following the Informal Public Hearing, the Plan Commission, shall, within 45 days, determine the appropriateness of the proposed project, and its conformance with the longterm plan for the district as well as the standards and regulations of this article. The Plan Commission shall recommend to the Council that the petition be approved, approved with modifications, or disapproved. If disapproved, the Plan Commission shall enumerate the reasons for such recommendation.

b.

Upon receipt of the recommendation of the Plan Commission, the Common Council shall conduct the Formal Public Hearing, deliberate over the proposed project, and by ordinance, vote to grant or deny project approval.

(4)

Changes in approved project. Modifications to an approved project plan which will cause a change in the use, character or arrangement of the development, a change in approved open space, an increase in the intensity and coverage of structures, an increase in problems of traffic circulation and public utilities, or a change in off-street parking areas or required pavement widths shall be authorized by the Common Council, upon recommendation of the Plan Commission. Any approved changes shall be in ordinance form, as amendments to the previously granted project approval.

(5)

Expiration of approval. If, after 12 months from the project approval date, required building and mechanical permits have not been issued and all subsurface construction to grade level has not been completed, and/or no use, as established by the approval ordinance is operating, said approval shall lapse and be of no further effect. If a project approval ordinance lapses under the provisions of this subsection, the zoning regulations applicable prior to the ordinance shall be in effect.

(Code 1977, § 20.19(3))

No building or premises shall be used, and no building or structure shall be erected which is arranged, intended, or designed to be used for other than one or more of the following permitted uses:

(1)

The following uses are permitted by right in the district without project approval required:

a.

Single-family attached dwelling.

b.

Two-family dwellings.

c.

Community living arrangement.

d.

Family day care home.

(2)

The following uses, subject to specific Common Council project approval, may be allowed in the district:

a.

Hospital for the treatment of humans, including provisions for in-and out patient facilities and closely related functions.

b.

Office-type buildings occupied by those persons or firms providing health care and related services.

c.

Diagnostic, testing and imaging facilities.

d.

Ambulatory care facilities.

e.

Medical and dental clinics.

f.

Boardinghouse, approved and licensed exclusively for use by persons visiting patients, or patients receiving medical services provided by the hospital or other health care facilities in the district.

g.

Extended medical care facility, providing medical care as an extension of hospital related services, as a part of patient's treatment, not including convalescent longterm care facilities.

h.

Day care center.

i.

Heliport.

j.

Facilities for the housing of emergency vehicles, provided, that there will be no service, maintenance, or repair of vehicles, nor storage of any product related thereto.

k.

Multiple-family dwellings.

l.

Private parking facilities.

m.

School.

n.

Community health service agencies.

o.

Psychiatric facilities.

p.

Alcohol and drug abuse treatment centers.

q.

Microwave, radio or television tower, either roof or ground-mounted, which is higher than 15 feet above the highest point of the roof of the building it is mounted on or adjacent to.

r.

Ancillary retail uses, such as durable medical equipment, pharmacy, and gift shop, provided that such uses shall not in total comprise an area in excess of ten percent of the gross ground floor area of the building in which it is located.

s.

Accessory services, and utility, garage and storage uses required for adequate operation of principal uses.

t.

Such other uses as are consistent with the longterm development plan for the district.

Not withstanding any other provision in this chapter, all lawful uses existing on February 5, 1997, may be continued, until a project approval ordinance is adopted which would allow additional or different uses. No such lawful uses shall be expanded or changed, except as provided for in a project approval ordinance.

(Code 1977, § 20.19(4))

(a)

Permitted uses not subject to project approval ordinance shall be governed by the standards required at chapter Section 26-178.

(b)

Uses permitted subject to approval ordinances shall be governed by the following standards:

(1)

Setbacks. Setbacks for structures and parking areas shall be established by the conditions in the ordinance authorizing project approval, so as to insure compatibility with adjoining developments, uses and zoning districts. In any case, no structure or parking area shall be permitted within:

a.

20 feet of an adjoining residential use located outside the Community Health District or any property zoned for residential use.

b.

10 feet of an adjoining arterial or collector street right-of-way.

c.

20 feet of an adjoining local street right-of-way.

In addition, any yard which adjoins any residential use located outside the Community Health District or adjoins any property zoned for residential use, shall contain, at a minimum, a 20-foot landscaped buffer area. Said buffer area shall be developed with either a minimum of four-foot high earth berm, or a six foot high solid weave wood fence. The area shall be suitably covered with grass, wood chips, stone or brick, and landscaped with trees and shrubs. The berm dimensions or fence requirements, and planting specifications shall be established by the conditions in the project approval ordinance. In establishing setbacks for structures at the periphery of the district, the Plan Commission and Common Council shall consider suitable distances based on the proposed heights of said structures, to ensure adequate separation between uses.

(2)

Height limitations. The total height of any structure shall be limited by the conditions in the ordinance authorizing project approval. Heights shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. In no case shall any structure exceed 132 feet.

(3)

Maximum lot coverage. The lot coverage of buildings shall not exceed 30 percent. For purposes of calculating lot coverage, parking structures shall be excluded from such limitation.

(4)

Landscape and open space. All development in the district must meet the landscape standards in Article X of this chapter. A minimum of ten percent of the project area shall be put into greenspace improvements. The minimum standards for plant materials shall be those required at Section 26-517.

(5)

Minimum shoreyard setback. 75 feet for all structures.

(6)

Signs. Specific sign regulations shall be contained in each project approval ordinance passed for development in the district; however, in no case shall they be less restrictive than required for signs in the C-1 General Commercial District.

(7)

Off-street parking.

a.

Hospital: Two stalls per licensed bed plus dedicated outpatient areas calculated at medical/dental rate.

b.

Medical/dental uses: Four stalls per 1,000 gross square feet.

(8)

Design considerations. Design standards and requirements outlined below will be utilized by the Plan Commission in determining the adequacy of all plans for development in the district.

a.

Considerations shall be given to the longterm development plan for the district, to ensure compatibility with established goals and priorities.

b.

The development shall take into account relevant features of adjacent existing development. Facilities to be developed near the periphery of the district shall be designed and lighted so as to be harmonious with neighboring areas.

c.

Overall design shall provide for the appearance of external unity throughout the development. Variations in building elevations and materials used therein shall be encouraged insofar as they reinforce rather than hamper the design harmony.

d.

Physical layout and form of all development shall be designed with regard to the topography and natural features of the project site.

e.

The site shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas.

f.

Plant material shall be selected for interest in its structure, texture, color, and for its ultimate growth. Native materials shall be employed as feasible. Existing trees shall be preserved wherever possible.

g.

Sidewalks and/or other walkways shall be provided as necessary for safe and convenient movement both at the peripheries of the district as well as the internal flow within the development site. Walkway widths shall be designed with regard to their function and anticipated use. Natural features of the area to be traversed, and lighting suitable in scale with the project shall also be considered.

h.

Parking areas shall be screened from adjacent structures, roads and traffic arteries, with hedges, dense plantings, earth berms, changes in grade, or walls. In addition, all parking lots shall be designed to accommodate tree and shrub plantings along internal islands, at levels determined adequate with each project approval ordinance.

(Code 1977, § 20.19(5))

Applications for project approval shall include the following written and visual materials:

(1)

Certified topographic survey, showing:

a.

Legal description of the site being developed, names of all property owners, and seal of the registered surveyor making the plat.

b.

Dimensions and bearings of external property boundaries.

c.

The location of all existing structures, easements, utilities, streets, sidewalks, trees, parking areas, curb openings, floodplain and shoreyard areas, and public dedications either contained upon or adjacent to the site.

d.

Contour intervals of not more than five feet.

(2)

Project site plan, showing:

a.

Areas to be developed for buildings, parking and landscaping, pedestrian and vehicular circulation, and finished topography; points of ingress and egress; location of all existing and proposed utilities.

b.

Representative floor plans and exterior elevations of proposed structures and buildings, showing proposed exterior building materials, and drawn in relation to existing and proposed site elevations.

c.

Existing topographic contours shall be shown as solid lines and proposed contours shall be shown as dashed lines.

(3)

Landscape plan, showing: all information required for landscape plans submitted under Article X of this chapter.

(4)

Statement of intent, explaining:

a.

The proposed development, including the nature of the project, proposed land uses, buildings types, conformance with the long term goals of the neighborhood, and timing of development.

b.

Quantitative data including total number, size, height and type of structures to be constructed, individual parcel sizes, lot coverage, area reserved for landscaped open space, number and type of landscape materials to be used, and total off-street parking stalls to be provided.

c.

Use analysis report detailing approximate number of employees; approximate utility needs and effect upon infrastructure; and possible nuisance factors, either construction related or permanent, and the proposed means to alleviate them.

In the case of planned development to take place in stages or sections, the requirements as provided only apply to the stage or section for which project approval is being sought. However the plan presented will be considered as it relates to the long term development of the district.

(Code 1977, § 20.19(6))