(a)

These zoning requirements and restrictions are intended to be for the protection of all present and future owners and lessees and land within the General Industrial (IG) and Highway Commercial (CH) zoned districts, hereinafter referred to as the Business District. It is the intention of the City of Oconto (herein referred to as the City) that this be an environmentally and aesthetically pleasing, as well as proving protection against depreciation in property values. These zoning requirements are to ensure for high quaility improvments in the Business District and provide a setting for business and industry with high quality improvements which will reflect well on both the owners and lessees within the Business District and the City of Oconto.

(b)

The primary purpose of the Business District is to increase the Tax Base of the City of Oconto. Accordingly, only uses subject to public taxation and government buildings are permitted in the Business District.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2017-09, § II, 3-14-17)

(a)

Accessory Building. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building.

(b)

Accessory Use. A use incidental to [or] subordinate to the principal use of a building and located on the same lot.

(c)

City. City of Oconto.

(d)

Development Review Team (DRT). Comprised of one (1) representative of the Industrial Development Committee, the City Administrator, the Director of Public Works, the Building Inspector, the Park and Recreation Director and a representative from the Common Council and the Planning Commission appointed by the Mayor with confirmation by the Council.

(e)

Floor Area Ratio (FAR). The square foot amount of total floor area (all stories) for each square foot of land area to a property.

(f)

Frontage. The length of the front property line of a lot, lots, or tract of land abutting a public street, road, highway, or rural right-of-way.

(g)

Signs. Government, identity, informational, temporary and wall to be approved by the (DRT).

(h)

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.

(i)

Green Space. Green space may include, but shall not be limited to, lawns, decorative plantings, wooded areas, landscaping areas covering structures that are not more than twelve (12) feet above ground level, sidewalks and walkways, active and passive recreational areas, and water surfaces. It shall not include parking lots or other vehicular surfaces or accessory buildings.

(j)

Height of Building. A vertical distance measured from the curb level to the highest point of roof surface on a flat roof to the deck line of mansard roofs and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. For building set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided its distance from the street line is not less than the height of such grade above the established curb level.

(k)

Mechanical Equipment. Includes air conditioning units, cooling towers, space heaters, ventilators, air compressors, flues, stacks, chimneys, and anything else as determined by the DRT.

(l)

Plan Commission. The City Plan Commission of Oconto, Wisconsin.

(m)

Setback Area. The minimum horizontal distance between the front, side, and/or rear lot line of the building or use, including porches and the lot lines or street right-of-way lines.

(n)

Setback, Corner Side Yard. The minimum horizontal distance between the side line of the building or use that runs perpendicular to a fronting street and the side right-of-way line perpendicular to the fronting street.

(o)

Setback, Front Yard. The minimum horizontal distance between the front line of the building or use and the street right-of-way line.

(p)

Setback Lines. Lines established adjacent to lot lines or street right-of-way lines for the purpose of defining limits within which any or certain buildings, structures, or uses may not be constructed, maintained or carried on, except as shown herein.

(q)

Setback, Rear Yard. The minimum horizontal distance between the back line of the building or use and the rear lot lines.

(r)

Setback, Side Yard. The minimum horizontal distance between the side line of the building or use and; the side lot lines, unless the side line of the building or use is parallel to a street, whereas it shall be a corner side yard setback.

(Ord. No. 1100, § 1, 7-14-09)

The property which is, and shall be, held and shall be conveyed, transferred and sold subject to the protective covenants set forth in the various paragraphs and subdivisions of this Declaration is located in the City of Oconto, Oconto County, Wisconsin, and is defined as all property presently zoned (G) and (CH) and any future property that is zoned (LG) and (CH).

(Ord. No. 1100, § 1, 7-14-09)

(a)

Plan Approval Procedure. All development within the Business District is required to receive plan approval prior to the issuance of a building permit.

(b)

Preliminary Consultation. This meeting is intended to insure that the developer is aware of the community's standards and posture on the development within the Business District. Such consultation should occur prior to any extensive outlay of funds on the part of the developer, since the consultation is intended as a device to encourage cooperation between the developer and the City. Such meetings should occur between the developer and members of the Development Review Team.

(c)

Review and Determination. The DRT shall review the plan to insure that these criteria are met as part of the ordinary site plan review process specified in Chapter 15 and:

(1)

When a discrepancy exists, an attempt shall be made by the DRT and developer to remedy a solution.

(2)

Appeals to these requirements, as with all Planned Unit Commercial Developments in the City shall be heard by the Plan Commission.

(d)

Construction. Construction shall commence within one (1) year of approval. If construction is to take longer than one (1) year, or if construction is to occur in phases, the City is to be so notified in writing. If construction has not commenced prior to one (1) year after plan approval, the City has the right to acquire the property back from the developer at the original price paid.

(Ord. No. 1100, § 1, 7-14-09)

(a)

Title. The City will require permanent easements for all drainageways, utilities and other maintenance area which have been constructed or shown as planned to serve the Business District as a whole.

(b)

Easement Area Maintenance. Each owner shall be responsible for required maintenance within identified easements on their properties. Retention ponds or structures built by and for the use of individual owners will be the responsibility of said owners. It shall be the responsibility of the individual property owners to ensure that the premises are maintained properly, including the trimming and fertilization of ground cover, shrubbery, trees and the replacement of landscaping when and where necessary.

(Ord. No. 1100, § 1, 7-14-09)

(a)

Permitted Uses. The Business District has been zoned (IG) and (CH) Districts under Title 13 of the City's Code of Ordinances and uses are permitted in the Business District as allowed in Sections 13-1-45 and 13-1-49.

(b)

Prohibited Operations and Uses. Adult bookstores, pornographic video establishments, scrap yards, junk yards, automobile salvage yards, all uses not mentioned in permitted or conditional uses and all other residential, commercial, public and semipublic uses are prohibited, except that a dwelling may be provided for a caretaker if a business activity requires constant supervision.

(Ord. No. 1100, § 1, 7-14-09)

(a)

Setbacks. The following setback requirements shall apply to the buildings in the Business District:

(1)

The front yard setback shall be twenty-five (25) feet or fifty (50) feet if used for parking. If the front yard is not used for parking, the storage of automobiles or other vehicles, materials, products or equipment shall be prohibited within twenty-five (25) feet nearest the street right-of-way line. This twenty-five-foot setback shall be entirely graded and sodded or seeded between side lot lines and from the road shoulder to the twenty-five (25) feet setback line face in a manner that will produce an acceptable lawn, excepting only such areas as may be required for driveways or walks and planting beds for flowers, groundcover, shrubs, trees or combinations thereof. All driveways, parking lots, and truck loading areas shall be surfaced with hot-mixed asphalt concrete or Portland cement concrete. All walks shall be of Portland cement concrete. All such landscaping, drives, and walks shall be completed within one (1) year of the time construction of the principal building has been completed.

(2)

The side yard setbacks shall be ten (10) feet. Where the side yards are not used for parking, they shall be maintained in the same manner as the twenty-five-foot front yard setback.

(3)

The rear yard setback shall be a minimum of twenty (20) feet from the rear lot line. Where the rear yard is not used for parking; it shall be maintained in the same manner as the twenty-five-foot yard setback.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2019-06, § VII, 9-10-19)

(a)

All buildings or structures shall be designed using not more than three (3) exterior wall facing materials (not including glass or trim) for all elevations. All exterior walls shall be of masonry construction or approved wood construction. Exterior gutter and downspout roof drainage systems will be permitted only sides and backs of building. The exterior wall area fronting on public right-of-way shall be faced with brick, decorative masonry, natural stone, concrete panels, glass curtain walls, approved wood, or equivalent finish material. Standard cinder block, concrete block, painted concrete or prefabricated sheet metal shall not be considered appropriate finish materials.

(b)

All site and building plans must be submitted to the City for review and approval by the DRT.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2016-03, 4-19-16)

(a)

Open outdoor storage of materials, products or equipment shall be prohibited without written permission from the City or its designated agent. Permission may be granted upon review of a plan for storage areas on a site. If permission is granted, storage areas will be maintained in a neat and orderly manner, be located behind the front of the building, and be visually screened by fencing which is a minimum of eight (8) feet in height.

(b)

All trash containers, including dumpsters, must be enclosed by a wall of solid materials that provides a suitable visual screen and is approved by the City of Oconto. Such wall shall be of sufficient height to cover the material stored and shall be maintained so as to present a good appearance at all times.

(c)

Storage of wood or combustible materials, including pallets or skids, must be on a hard surface and enclosed in an industrial type fencing at least twenty (20) feet from any structure, building or property line.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2016-03, 4-19-16)

(a)

No land shall be developed and no use shall be permitted that result in flooding, erosion, or sedimentation of adjacent properties. All runoff, including roof drains, shall be properly channeled into a storm drain, watercourse, storage area, or other stormwater management facility, subject to approval by the City of Oconto, the owner, or the owner's designated agent and approval by the DNR which is the responsibility of the owner. Each owner shall take the necessary precautions to ensure that storm drainage from their site is not contaminated with motor vehicle fuels and lubricants, salt, or other chemical compounds that are detrimental to aquatic life or groundwater.

(b)

All proposed changes, affecting storm drainage from individual lots, must be submitted for approval by the City or its designated agent.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2016-03, 4-19-16)

(a)

Fences shall not be permitted in the front yard or easement areas if surface water drainage will be affected.

(b)

Barbed wire in any form is specifically prohibited unless a demonstrated need for security is evident, upon which approval shall be obtained from the DRT.

(c)

The type and style of fencing material used by each owner is subject to approval by the City or its designated agent.

(d)

Fences shall comply with the height requirements of the City Zoning Ordinance and any amendments thereof. All fences shall be maintained in good condition and shall not be allowed to become and remain in a condition of disrepair.

(Ord. No. 1100, § 1, 7-14-09)

(a)

To promote compatible signage throughout the Business District, signage should be an integral part of the overall building concept and site plan.

(b)

All signs and sign designs must be submitted to the City or its designated agent for approval prior to construction.

(c)

A rendering, drawn to scale, showing the placement of signs shall be submitted to the City or its designated agent.

(d)

Size and height of signs shall be in conformance with the City's Sign Ordinance.

(Ord. No. 1100, § 1, 7-14-09)

(a)

The Business District allows exterior lighting that provides for the basic needs of safety and security. Appropriate lighting shall be provided in order to delineate roads, drives, parking area, pedestrian way, buildings, and other important organizational points. Because the area attempts to achieve an architecturally consistent park-like setting, all lighting fixtures are required to be of the same general type.

(b)

Lighting should occur as part of the overall design concept using recessed lighting in overhangs and at the entrance. General building illumination is allowed, provided it does not detract from the surrounding properties or affect neighboring residential areas.

(c)

Parking and roadway lighting, where provided, shall be approved by the City or designated agent. Area lighting shall not be mounted on the building. All lighting shall be so designed to direct the lighting downward through covered fixtures and light density restrictions.

(Ord. No. 1100, § 1, 7-14-09)

All utility lines within said property shall be installed underground. No overhead electric power, telephone or cable service will be permitted.

(Ord. No. 1100, § 1, 7-14-09)

The height of all structures shall be subject to the restrictions set forth in the City's Zoning Ordinance for each District and any amendments thereof.

(Ord. No. 1100, § 1, 7-14-09)

(a)

Owners shall be required to provide a sufficient number of off-street parking spaces to accommodate the maximum number of vehicles expected on each parcel during peak hours for all uses on the parcel including employees, customers, suppliers or visitors. Said parking areas and driveways shall be completed within one (1) year of the time construction of the principal building has been completed. Parking and roadway lighting, where provided by the City or its designated agent. Area lighting shall not be mounted on the building. Drainage and stormwater management shall be in accordance with Section 14-1-74 Oconto Ordinance.

(b)

All permitted uses will be required to provide off-street truck loading berths, preferably to the rear of the buildings. Truck loading berths shall be prohibited at the front of all buildings.

(c)

There shall be no on-street loading or unloading permitted. At no time shall any part of a truck, van or vehicle be allowed to extend into the right-of-way of a public thoroughfare while the truck, van or vehicle is being loaded or unloaded. There shall be no on-street parking of any commercial vehicle.

(d)

No inoperable vehicle shall remain on site more than twenty-four (24) hours.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2016-03, 4-19-16)

(a)

All areas on any site not used for building, storage, parking, walks, access roads and loading areas shall be suitably graded and drained, seeded or sodded and maintained in grass and landscaped areas with ground cover, flowers, trees and shrubs.

(b)

Natural or native planting including prairie and wetland plants will be permitted only upon specific approval of the City. Shade trees will have a minimum diameter of one and one-half (1½) inches. Landscaping and plantings shall be completed within one (1) year of the time construction of the principal building has been completed.

(c)

Landscape plans must be submitted for approval by the City or its designated agent.

(Ord. No. 1100, § 1, 7-14-09)

Any changes in a lot or lots shall be by an approved Certified Survey Map.

(Ord. No. 1100, § 1, 7-14-09)

No waste material shall be burned on the premises except in an incinerator specifically designed and constructed for such purpose and approved by the City and the Wisconsin Department of Natural Resources for operation in this area. Such incinerator shall be contained within the principal building on the site.

(Ord. No. 1100, § 1, 7-14-09; Ord. No. 2016-03, 4-19-16)

All owners and occupants of land shall cooperate with the City in the planning and granting, at no cost to the City, all necessary and reasonable easements for sewer, water and access roads, and shall grant such easements provided that such easements do not unduly restrict future development. No buildings may be constructed over a utility easement.

(Ord. No. 1100, § 1, 7-14-09)

(a)

All satellite dish placements will require a special permit from the City or its designated agent. Antennas shall be erected or maintained in the rear yard of buildings and not on the street side of a building. Antennas shall not be located in any required setback or easement area. Antennas shall be located and designed so as to minimize the visual impact on surrounding properties and its visibility from the public street. Antennas should be screened through the addition of harmonious architectural features and/or landscaping in keeping with the elements and characteristics of the property.

(b)

The City or its designated agent shall have the authority to authorize other locations based on demonstrated site constraints.

(Ord. No. 1100, § 1, 7-14-09)

(a)

No building or improvements shall be erected, placed or altered on any lot in the Business District until the plans for such building or improvement, including site plan, and building plan and specifications have been approved by the City or its designated agent.

(b)

Plans drawn to scale shall be submitted to the City or its designated agent for review. One (1) set of site plans and one (1) set of all building plans shall be submitted and contain the following information:

(1)

Site Plan:

a.

Name of project/development.

b.

Location of project development by street address or other legal description.

c.

Name and mailing address of developer/owner.

d.

Name and mailing address of architect.

e.

Date of plan preparation.

f.

North point indicator.

g.

Scale.

h.

Location of structures on lot with measurements to lot lines.

i.

Dimensions of front, side and rear yards.

j.

On-site drives, walkways and traffic flow.

k.

Parking area showing number of stalls, access drive, stall dimensions, loading, docks and snow storage areas.

l.

Trash and utility areas size, location and access to screening.

m.

Other paved areas and uses, fencing and decorative walls and outdoor lighting.

n.

Landscaping and screening, showing the location and description of planting materials to be installed.

o.

Locations and dimensions of all utilities and utility right-of-way easements

p.

Public right-of-way and easement.

q.

Freestanding signage, light fixtures, fences, etc.

r.

Surface details of all outside areas, such as paving.

s.

Design, size, location and illumination of all signs.

t.

Designation of future expansion areas.

u.

Location of all hydrants within the property used for private fire protection, determined through consultation with the Water Utility and Fire Departments.

(2)

Building Plans:

a.

Total square feet of floor area.

b.

Floor plans of typical floors.

c.

Entrances, exits, loading docks, storage areas, building service areas.

d.

Schedule of all building exteriors, including roof equipment, material and colors.

e.

Samples of exterior construction materials.

f.

Color rendering of all building elevations, including signage and listing of finish materials (samples of exterior finish materials may be required).

g.

Site statistics, including gross square footage of both site and buildings, FAR, etc.

h.

Elevation drawing.

(3)

Grading Plan:

a.

Existing and proposed grades and contours.

b.

Surface water drainage and detention and/or retention ponds or structures.

c.

Finished grade at building.

d.

Catch basins and storm sewer locations and discharge leads.

e.

Connection to existing utilities.

f.

Other information as considered pertinent by the developer.

g.

Other information as may be required by the City or its designated agent.

h.

All other information deemed necessary by the DRT.

(c)

After making such review, the City or its designated agent shall approve or disapprove the plans and specifications within thirty (30) days of submittal of complete and acceptable plan materials. If the request is denied, written statement shall be provided as to why the request was denied.

(d)

The City shall prevail and shall be final with respect to approval or disapproval of the plans and specifications. Subsequent structural changes or landscaping shall also be subject to review and approval by the City or its designated agent.

(Ord. No. 1100, § 1, 7-14-09)

(a)

Each lot owner shall keep their property, all contiguous street right-of-way to edge of pavement and easement areas in a well-maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to the following:

(1)

Removal of all litter, trash, refuse and wastes.

(2)

Mowing of all lawn areas to a height of six (6) inches or less unless otherwise approved in writing by the City or its designated agent. Those areas of a lot which have been designated and approved by the City or its designated agent as unused lot area, shall be cut a minimum of three (3) times per year or maintained as an agricultural crop.

(3)

Keeping the lawn and landscape area in a weed-free, healthy and attractive condition.

(4)

Care and pruning of trees and shrubbery outside of easements within property boundaries.

(5)

Maintenance of exterior lighting, signs and mechanical facilities in working order.

(6)

Keeping of all exterior building surfaces in a clean well-maintained condition, including maintaining parking and driveway areas.

(7)

Removal of unlicensed or inoperable vehicles.

(8)

Snow and ice removal and storage.

(b)

During construction it shall be the responsibility of each owner to insure that construction sites are kept free of unsightly accumulations of rubbish and scrap materials, and that construction materials, trailers and the like are kept in a neat and orderly manner.

(c)

Burning of excess or scrap construction material is prohibited. Construction site erosion control practices shall be implemented to prevent erosion, sedimentation and pollution of air or water during construction.

(d)

All excavated or hauled-in materials which are either spilled or tracked onto street right-of-way shall be cleaned up by the owner or his contractor. Major spill shall be cleaned up immediately. Minor spills shall be cleaned up at day's end.

(e)

Any damage to street pavement, curbing or terrace area shall be repaired by the owner or his contractor.

(f)

The owner of any undeveloped lands shall maintain said lands free of rubbish, noxious weeds and mosquito breeding pond conditions.

(Ord. No. 1100, § 1, 7-14-09)

All property in the designated Business District shall be conveyed subject to the restrictions, covenants and conditions contained herein, all of which are to run with the land and shall be binding on all parties and all persons claiming said property in perpetuity, unless a resolution adopted by the City and the property owners has been recorded, agreeing to change, modify or amend said covenants in whole or in part.

(Ord. No. 1100, § 1, 7-14-09)