Port Washington City Zoning Code
ARTICLE XXXV
District Regulations
§ 485-153 R-1 Single Family Detached Residence District.
A.
Statement of intent. This district is intended to provide for high-quality, low-density residential development of a suburban character limited to single-family homes set individually on separate lots served by the public sewer system.
[Amended 5-16-2023 by Ord. No. 2023-11]
B.
Permitted uses by right.
(1)
Single-family dwellings.
(2)
Public parks and recreation areas, but not including facilities for organized athletics except as a permitted conditional use. (See § 485-98B.)
(3)
Public utility transmission and distribution lines, poles, and other related accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
C.
Permitted accessory uses.
(1)
Private garages, carports, and paved parking areas, when located on the same lot and not involving the conduct of a business, except as a permitted home occupation or conditional use, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Quarters for household employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families.
(3)
Guest houses, provided that such structure shall not be rented, leased, or used for continuous or permanent habitation.
(4)
The following signs subject to the general regulations governing signs (see Article XXIX):
(a)
A sign identifying the property or the name of the owner or occupant not in excess of six square feet in area.
(b)
A "No Trespassing" or other similar sign and not in excess of six square feet in area.
(c)
Temporary signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(5)
Home occupations and professional offices, when incident to the principal residential use, situated in the same building, and carried on by the residential occupant, subject to the following conditions:
(a)
Such use shall not occupy more than 20% of the floor area of the principal building in which it is located.
(b)
Such use shall not employ more than one person not a resident on the premises.
(c)
No such use shall be permitted which generates pedestrian or vehicular traffic incompatible with the residential character of the neighborhood.
(d)
Any offset parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties. (See Article XXIV.)
(e)
Such use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil, or peat moss for commercial purposes.
(f)
Such use shall not include the operation of any machinery, tools, or other appliances, or the outside storage of materials, or other operational activity which could create a nuisance or be otherwise incompatible with surrounding residential area.
(g)
A nameplate not in excess of three square feet in area shall be permitted.
(6)
Home gardening and horticulture not involving commercial facilities for the sale of garden produce, trees, shrubs, plants, or cut flowers and not permitting greenhouses in excess of 500 square feet in area.
(8)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(9)
Any other structure or use normally accessory to the principal use permitted.
(10)
Adult day-care centers providing services for part of the day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living or protection.
D.
Permitted uses by conditional grant.
(1)
Public, private commercial, or private noncommercial group outdoor recreational facilities. (See Article XXV.)
(2)
Public and private schools.
(3)
Churches and other religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Nursing and rest homes for the aged.
(7)
Public utility offices and installations, including electric and gas transmission lines and substations, municipal water towers, pump houses, and water and sewage treatment plants.
(8)
Bed-and-breakfast lodging, provided the property fronts upon a state highway.
(9)
Private ambulance services, including crew quarters, if located on the same property as a nursing home or rest home for the aged. As used in this Chapter 485, "private ambulance service" means ambulance transport provided by private companies to persons, primarily in nonemergency cases, using licensed personnel and privately owned vehicles and equipment.
[Added 4-16-2024 by Ord. No. 2024-4]
§ 485-154 RS-1 Single Family Detached Residence District.
A.
Statement of intent. This district is intended to provide moderately high-quality, moderately low-density residential development of an urban character limited to single-family homes set individually on separate sewered lots.
B.
Permitted uses by right. Same as R-1 District.
C.
Permitted accessory uses. Same as R-1 District.
D.
Permitted uses by conditional grant. Same as R-1 District.
§ 485-155 RS-2 Single Family Detached Residence District.
A.
Statement of intent. This district is intended to provide for moderately high-quality, moderately low-density residential development of an urban character limited to single-family homes set individually on separate sewered lots.
B.
Permitted uses by right. Same as R-1 District.
C.
Permitted accessory uses. Same as R-1 District.
D.
Permitted uses by conditional use grant. Same as R-1 District.
§ 485-156 RS-3 Single Family Detached Residence District.
A.
Statement of intent. This district is intended to provide for moderate-value, moderate-density residential development of an urban character limited to single-family homes set individually on separate sewered lots.
B.
Permitted uses by right. Same as R-1 District.
C.
Permitted accessory uses. Same as R-1 District.
D.
Permitted uses by conditional grant. Same as R-1 District.
§ 485-157 RS-4 Single Family Detached Residence District.
A.
Statement of intent. This district is intended to provide for moderately high-density residential developments of an urban character limited to single-family homes in developed areas of the City as well as new development of modest-value single-family homes set individually on sewered lots.
B.
Permitted uses by right. Same as R-1 District.
C.
Permitted accessory uses. Same as R-1 District.
D.
Permitted uses by conditional grant. Same as R-1 District.
§ 485-158 RS-5 Single and Two Family Residence District.
A.
Statement of intent. This district provides for the same type and general density of residential development as the RS-4 District, but adds the permissibility of two-family dwellings on the same sized lot.
B.
Permitted uses by right.
(1)
Single- and two-family dwellings.
(2)
Public parks and recreation areas, but not including facilities for organized athletics except as a permitted conditional use.
(3)
Public utility transmission and distribution lines, poles, and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
C.
Permitted accessory uses. The same as R-1 District, except Subsection C(2) (quarters for household employees) and Subsection C(3) (guest houses) are not permitted as accessory uses in the RS-5 and RS-6 Districts.
D.
Permitted uses by conditional use grant. The same as in the R-1 District, except Subsection D(1) (group outdoor recreational facilities) and Subsection D(7) (public utility installations) are not permitted as conditional uses in the RS-5 and RS-6 Districts.
§ 485-159 RS-6 Single and Two Family Residence District.
A.
Statement of intent. This district provides for the same type and general density of residential development as the RS-3 District, but adds the permissibility of two-family dwellings on the same size lot.
B.
Permitted uses by right. Same as RS-5.
C.
Permitted accessory uses. Same as RS-5.
D.
Permitted uses by conditional use grant. Same as RS-5.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 485-160 RM-1 Single and Two Family Residence District.
A.
Statement of intent. This district is intended to provide for single- and two-family dwellings, principally in areas of existing older development, such as duplexes, flats or apartment conversions in large, older single-family dwellings.
B.
Permitted uses by right.
(1)
Single-family dwellings.
(2)
Public parks and recreations areas, but not including facilities for organized athletics except as a permitted conditional use. (See § 485-98B.)
(3)
Public utility transmission and distribution lines, poles, and other related accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
(4)
Two-family dwellings including duplexes, flats, and apartments constructed as such or converted from a single-family dwelling prior to January 1, 2006.
C.
Permitted accessory uses.
(1)
Private garages, carports, and paved parking areas, when located on the same lot and not involving the conduct of a business, except as a permitted home occupation or conditional use, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Quarters for household employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families.
(3)
Guest houses, provided such structure shall not be rented, leased, or used for continuous or permanent habitation.
(4)
The following signs subject to the general regulations governing signs (see Article XXIX):
(a)
A sign identifying the property or the name of the owner or occupant not in excess of six square feet in area.
(b)
A "No Trespassing" or other similar sign and not in excess of six square feet in area.
(c)
Temporary signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(5)
Home occupations and professional offices, when incident to the principal residential use, situated in the same building, and carried on by the residential occupant, subject to the following conditions:
(a)
Such use shall not occupy more than 20% of the floor area of the principal building in which it is located.
(b)
Such use shall not employ more than one person, not a resident on the premises.
(c)
No such use shall be permitted which generates pedestrian or vehicular traffic incompatible with the residential character of the neighborhood.
(d)
Any offset parking area shall be maintained reasonable dustless and adequately screened from adjoining residential properties. (See Article XXIV.)
(e)
Such use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil, or peat moss for commercial purposes.
(f)
Such use shall not include the operation of any machinery, tools, or other appliances, or the outside storage of materials, or other operational activity which could create a nuisance or be otherwise incompatible with surrounding residential area.
(g)
A nameplate not in excess of three square feet in area shall be permitted.
(6)
Home gardening and horticulture not involving commercial facilities for the sale of garden produce, trees, shrubs, plants, or cut flowers and not permitting greenhouses in excess of 500 square feet in area.
(8)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(9)
Any other structures or uses normally accessory to the principal use permitted.
D.
Permitted use by conditional grant.
(1)
Public, private commercial, and private noncommercial group outdoor recreational facilities. (See Article XXV.)
(2)
Public and private schools.
(3)
Churches and other religious institutions.
(4)
Public administrative offices and service buildings.
(5)
Private lodges and clubs.
(6)
Nursing and rest homes for the aged.
(7)
Public utility offices and installations, including electric and gas transmission lines and substations, municipal water towers, pump houses, and water and sewage treatment plants.
(8)
Boardinghouses and lodging houses.
(9)
Multiple-family "walk-up" apartment houses of not fewer than two nor more than four dwelling units per structure nor more than two stories in height.
(10)
Single-family attached dwellings in row buildings of at least two but no more than four dwelling units per structure.
(11)
Two-family dwellings including duplexes, flats and apartments constructed as such or converted from a single-family dwelling on or after January 1, 2006.
(12)
Day-care centers providing care for nine or more children.
(13)
Adult day-care centers providing services for part of the day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living or protection.
§ 485-161 RM-2 Multiple Family (Garden Apartments and Townhouses) District.
A.
Statement of intent. This district is intended to provide principally for family-type occupancy in multiple dwellings constructed at the lowest end of the urban multiple-family density range, where the emphasis on unit design is toward fewer units per building and few units per entrance, larger individual units having, in the case of townhouses, private entrances and storage for children's equipment, and where the site development shows concern for adequate children's play area shielded from traffic and pedestrianways toward schools. In many cases, this district will be placed near community facilities that serve families, such as schools and parks. In certain other instances, this district will provide areas for spacious, high-quality developments often sold as condominiums to be located in areas of very high residential appeal and intended to serve residents compatible with those residing nearby.
B.
Permitted uses by right.
(1)
Multiple-family apartment houses and attached single-family or row houses of not fewer than two nor more than eight dwelling units per structure nor more than three stories in height, subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI). The Plan Commission may approve apartment structures containing up to 16 dwelling units where it finds these structures would be compatible with the principles of Article XXXI and with the spirit of the statement of intent with regard to units per entrance, accommodations of family occupancy, and relating the bulk of the structure to possible nearby single- and two-family development, and the site plan provides some additional environmental enhancement in the form of recreational facilities or landscaping amenities that would not be possible if eight-unit structures were developed.
(2)
Public parks and recreation areas, but not including facilities for organized athletics except as permitted conditional uses. (See Article XXV.)
(3)
Public utility transmission and distribution lines, poles, and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
C.
Permitted accessory uses.
(1)
Garages, carports, and paved parking areas serving exclusively the occupants of the apartment house, their guests, and service employees.
(2)
Private residential and private noncommercial group outdoor recreational facilities. (See Article XXV.)
(3)
Service buildings and facilities normally incident of the use of a public park or recreational area.
(4)
Any other structures or uses normally accessory to the principal uses permitted.
D.
Permitted uses by conditional grant.
(2)
Mobile homes in a mobile home court specifically designed for such occupancy, whether for lease, fee simple lot sales, or sale by condominium. The court shall provide each living unit with access to an approved private road or public street and an exclusive land area not less than 3,600 square feet, notwithstanding the provisions for density in this district. Specific unit arrangement, setbacks, and offsets shall be established in the conditions of use; however, building location requirements of this district shall be maintained around the periphery of the court as required in this district. Minimum floor area per family may be reduced up to 10% from this district's regulations, and the required addition of floor area where there is no basement shall be waived.
§ 485-162 RM-3 Multiple Family (Low-Rise Apartments) District.
A.
Statement of intent. This district is intended to provide for adult-type occupancy in multiple dwellings constructed at a higher density than the RM-2 District because the emphasis on occupancy is small family units or individuals, where less space per unit is required in terms of land and buildings, but where outside surface parking is still involved, thus preventing the higher density of the RM-4 District. This district will often occur near work opportunities. The possibility of some children occupancy and the need to relate the bulk of the structures to single-family and two-family development which will typically also be nearby requires a limitation on the height of buildings and the number of units per structure in the RM-3 District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Permitted uses by right.
(1)
Multiple-family apartment houses not exceeding 12 units per structure nor more than three stories in height, subject to approval by the Plan Commission of building, site and operational plans. (See Article XXXI.) The Plan Commission may approve apartment structures containing up to 24 dwelling units where it finds these structures would be compatible with the principles of Article XXXI and with the spirit of the statement of intent with regard to relating the bulk of the structure to possible nearby lower-density residential development.
(2)
Same as RM-2 District, § 485-161B(2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Same as RM-2 District, § 485-161B(3).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Permitted accessory uses.
(1)
Garages, carports, and paved parking areas servicing exclusively the occupants of the apartment house, their guests, and service employees.
(2)
Private residential and private noncommercial group outdoor recreational facilities. (See Article XXV.)
(3)
Service buildings and facilities normally incident to the use of a public park or recreational area.
(4)
Any other structures or uses normally accessory to the principal uses permitted.
D.
Permitted uses by conditional grant.
§ 485-163 RM-4 Multiple Family (Medium-Rise Apartments) District.
A.
Statement of intent. This district is intended to provide for adult-type occupancy of small family size in higher-density locations requiring less open land area on the lot, with some underground parking required to meet occupants' transportation needs and to help preserve some of the more minimal open lot area in pedestrian and landscape areas rather than parking spaces, and where a height limitation and limit on the bulk of the building are imposed to conserve an overall character of the City with regard to the light, air, views and appearance.
B.
Permitted uses by right.
(1)
Multiple-family apartment houses not exceeding 36 units per structure nor more than six stories in height, having at least 0.7 of one parking space for every dwelling under the building or placed underground so that the top surface is usable open space at or near ground grade, subject to approval of building, site and operational plans. (See Article XXXI). The Plan Commission may approve apartment structures containing more than 36 units where it finds such structures would be compatible with the criteria of Article XXXI and with the spirit of the statement of intent of this district and of the basic intent of this chapter regulating the overall features of the City.
(2)
Public parks and recreation areas, but not including facilities for organized athletics except as permitted conditional uses. (See Article XXV.)
(3)
Public utility transmission and distribution lines, poles, and other related accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
D.
Permitted uses by conditional grant. Any conditional use permitted in the RM-3 District.
§ 485-164 CCM Multiple Family (Central City Mixed) District.
A.
Statement of intent. This district is intended to provide for greater diversity of compatible uses in the central City area where the functional and environmental character is distinctly urban, and where a variety of housing types is needed to accommodate a heterogeneous population, and where a selective controlled mixture of residential uses with appropriate nonresidential uses does not produce a depreciating effect upon neighborhood environmental values.
B.
Permitted uses by right.
(1)
Single- and two-family dwellings.
(2)
Public parks and recreation areas, but not including facilities for organized athletics except as a permitted conditional use. (See § 485-98B.)
(3)
Public utility transmission and distribution lines and poles.
(4)
Rental apartments as a secondary use in commercial buildings on a non-ground level.
(5)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Administrative and public service offices.
(b)
Professional offices (e.g., architect, landscape architect, lawyer, doctor, dentist, minister, engineer, or other similar recognized profession).
(c)
Studios (e.g., photography, painting, music, sculpture, dance, or other recognized art).
(d)
Real estate and insurance offices.
(e)
Specialized retail or customer service establishments (e.g., boardinghouse, lodging house or tourist home, delicatessen, floral shop, funeral home, gift shop, interior design, restaurant, spa, beauty shop or barbershop).
(f)
Libraries, museums, art galleries and concert halls.
(g)
Cemeteries and mausoleums.
(h)
Dental and medical clinics.
C.
Permitted accessory uses.
(1)
Private garages, carports, and paved parking areas, when located on the same lot and not involving the conduct of a business, except as a permitted home occupation or conditional use, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(2)
Quarters for household employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families.
(3)
Guest houses, provided that such structures shall not be rented, leased, or used for continuous or permanent habitation.
(4)
Home occupations and professional offices, when incident to the principal residential use, situated in the same building, and carried on by the residential occupant, subject to the following conditions:
(a)
Such use shall not occupy more than 20% of the floor area of the principal building in which it is located.
(b)
Such use shall not employ more than one person who is not a resident on the premises.
(c)
No such use shall be permitted which generates pedestrian or vehicular traffic incompatible with the residential character of the neighborhood.
(d)
Any offset parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties. (See Article XXIV.)
(e)
Such use shall not include the conduct of any retail or wholesale business on the premises, or the removal of sand, gravel, stone, topsoil, or peat moss for commercial purposes.
(f)
Such use shall not include the operation of any machinery, tools or other appliances not associated with the use, or the outside storage of materials, or other operational activity which could create a nuisance or be otherwise incompatible with the surrounding residential area.
(5)
Home gardening and horticulture not involving commercial facilities for the sale of garden produce, trees, shrubs, plants or cut flowers, and excluding greenhouses in excess of 500 square feet in area which shall be prohibited.
(7)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(8)
Commercial service facilities accessory to an apartment function (e.g., coin-operated automatic laundry equipment, commissary, etc.), provided such facilities are intended solely to serve the occupants of the premises.
(9)
Any other structures or uses normally accessory to a permitted principal use.
D.
Permitted uses by conditional grant.
(1)
Public, private commercial and private noncommercial group outdoor recreational facilities. (See Article XXV.)
(2)
Public and private schools.
(3)
Churches and other religious institutions.
(4)
Private lodges and clubs.
(5)
Nursing and rest homes for the aged.
(6)
Public utility offices and installations, including electric and gas transmission lines and substations, municipal water towers, pump houses, and water and sewage treatment plants.
(7)
Multiple-family apartment houses constructed after August 18, 2005, that are greater than three units but not exceeding eight dwelling units per structure.
(8)
Facilities for organized athletics in public parks and recreation areas.
(9)
Printing and publishing houses and related activities.
(10)
Day-care centers providing care for nine or more children.
(11)
Adult day-care centers providing services for part of a day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living, supervision or protection.
(12)
Warehousing for the temporary storage and wholesale distribution of wine, cider, malt beverages, and prepacked and prelabeled foodstuffs kept in nonresidential buildings not exceeding 7,000 square feet in area.
[Added 5-21-2024 by Ord. No. 2024-6]
§ 485-165 B-1 Office District.
A.
Statement of intent. This district is intended to provide for individual sites, or for planned groupings on single larger sites or on subdivided larger sites, of office buildings and related service uses serving the needs of both the neighborhood and of the larger community area. Plan Commission approval of the building, site and operational plans of each such building proposal will be necessary to achieve a satisfactory relationship of the office use and its operating characteristics to possible adjacent residential uses, to the arterial highway system, and in some cases to adjacent retail and customer service uses where shared parking is likely and some interchange may occur between these various uses.
B.
Permitted uses by right. The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(1)
Offices, whether for single- or multiple-tenant use, including business, professional, governmental or other institutional occupancy as well as for medical and dental clinics.
C.
Permitted accessory uses. The following are subject to approval by the Plan Commission of building, site, and operational plans (see Article XXXI):
(1)
Incidental sales or service uses such as product or service display area, warehousing and repair service, customer or employee service including restaurants, cafeterias, day-care facilities, studios or instructional area, provided that these uses are accessory or subordinate to the principal office use by not comprising cumulatively more than 30% of the floor area.
(4)
Any other structures or uses normally accessory to the principal permitted uses.
§ 485-166 B-2 Local Service Center Business District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices and service establishments serving the daily needs of the surrounding local community area and, in appropriate situations, the inclusion of residential apartments principally for childless families. The size and location of such districts shall be based upon evidence of justifiable community need, of adequate customer potential, of satisfactory relationship to the circulation system and other related facilities, and of potential contribution to the economic welfare of the community.
B.
Permitted uses by right.
(1)
Any use permitted by right in the B-1 District.
(2)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Retail stores and shops.
(b)
Community and customer service establishments, such as but not limited to the following:
[1]
Business, professional, public service, banking, and savings and loan offices.
[2]
Restaurants, taverns, theaters, bowling alleys, nightclubs and other indoor commercial entertainment facilities.
[3]
Laundromats, coin-operated dry-cleaning establishments, and laundry or dry-cleaning pickup stations.
[4]
Dental and medical clinics.
[5]
Lodges and private clubs.
(c)
Commercial studios, display galleries, and vocational training schools.
(d)
Public utility offices and installations.
(e)
Rental apartments intended for childless couples, single individuals or other small family combinations, as a secondary use of a commercial building on a non-ground level.
C.
Permitted accessory uses.
(1)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Garages for storage of vehicles used in conjunction with the operation of the business.
(c)
Residential quarters for the owner, proprietor, commercial tenant, employee, or caretaker located in the same building as the business.
(d)
Any other structures or uses normally accessory to the principal uses permitted.
D.
Permitted uses by conditional grant.
(1)
Any conditional use permitted in the B-1 District.
(2)
Any use permitted by right in the B-3 District.
(3)
Animal hospitals.
(4)
Appliance and small machinery repair establishments.
(6)
Experimental, testing and research laboratories.
(7)
Outdoor eating or drinking facilities.
(8)
Emergency homeless shelter, consisting of a building used to provide temporary residential accommodations for not more than 90 days, and simultaneously serving not more than 20 persons, including children, who due to unexpected, unforeseen, or unsafe circumstances have an immediate need for housing assistance.
[Added 2-15-2022 by Ord. No. 2022-3]
§ 485-167 B-3 General Business District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of the more general retail and wholesale nature, and of office and service facilities serving a larger community trade area. The size and location of such districts shall be based upon relationship to the total community need and economy. Generally, no such district should be less than 100,000 square feet in area.
B.
Permitted uses by right.
(1)
Any use as permitted by right in the B-2 District, except for rental apartments as a secondary use.
(2)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
General merchandising and wholesale establishments.
(b)
Printing and publishing houses and related activities.
(c)
Service establishments for automobiles, including body repair shops and new car sales lots, but not including the storage of junked or wrecked automobiles and parts.
[Amended 5-4-2021 by Ord. No. 2021-7]
(d)
Transportation terminals, not including trucking.
(e)
Commercial parking facilities.
(f)
Hotels and motels.
§ 485-168 B-4 Central Business District.
A.
Statement of intent. This district is intended to provide appropriate regulations to ensure the compatibility of the diverse uses typical of the "downtown" area and its relationship to the marina and lakefront activities without inhibiting the potential for maximum development of commercial, cultural, entertainment, apartment and other urban activities which contribute to its role as the "heart" of the City.
B.
Permitted uses by right.
(1)
Any use as permitted by right in the B-3 General Business District except as set forth in § 485-167B(2)(c) and (d).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Rental apartments intended for childless couples, single individuals or other small family combinations, as a secondary use of a commercial building on a non-ground floor level.
(b)
Apartment buildings intended for childless couples, single individuals or other small family combinations, except that ground floor apartment use shall not be permitted where the Plan Commission determines that such noncommercial use would be in conflict with the continuity of business frontage as proposed in the downtown portion of the City's Comprehensive Plan.
(c)
Any use as permitted by right in the OIP District.
(d)
Any use as permitted by right in the PUL District.
D.
Permitted uses by conditional grant.
(1)
Gasoline service stations.
(2)
Appliance and small machinery repair establishments.
(3)
Experimental, testing and research laboratories.
(4)
Public outdoor recreation.
(5)
Any use permitted as a conditional grant in the PUL District.
(6)
Outdoor eating or drinking facilities.
(7)
Boat sales and service operations without outside storage of merchandise and equipment.
§ 485-169 BP Business Park District.
A.
Statement of intent. This district is intended to provide for the development of an attractive and aesthetically mixed grouping of office and limited retail and retail services and light industrial uses, in a highly landscaped setting free of outside storage or display, where the setting is highly visible to one or more main traffic arteries, and all of the uses seek or require such exposure and all are willing to adhere to a higher standard of architectural and grounds appearance to maximize the benefit of such visibility.
B.
General requirements.
(1)
Buildings shall not exceed 40,000 square feet of gross floor area, except that following a public hearing the Plan Commission may approve larger buildings based on their location within the business park and surrounding area.
(2)
Development shall be designed and sized in such a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(3)
All business, servicing, processing or storage, except for off-street parking, shall be conducted within completely enclosed buildings.
(4)
All utilities shall be underground.
(5)
Vehicular circulation within business park development shall be oriented to internal circulation drives with limited access provided to City streets.
(6)
No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, or pollution or which is hazardous by reason of excessive danger of fire or explosion shall be permitted.
(7)
Project elements, such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities, shall be designed and constructed in a coordinated manner. In approving or disapproving proposed locations for uses in this district, the Plan Commission shall give due consideration to the character of the use and its suitability in relationship to other nearby uses and shall also base its decision on such evidence as may be presented to the Plan Commission regarding traffic generation, heavy vehicular traffic, soil limitations, emission of noise, smoke, dust or dirt, or odorous or noxious gases attributed to the proposed use.
C.
General restrictions.
(1)
No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any residential district.
(2)
No toxic matter, noxious matter, smoke or gas and no odorous or particulate matter detectable beyond the lot lines shall be emitted.
(3)
No vibrations shall be detectable beyond the lot lines.
(4)
No glare or heat shall be detectable beyond the lot lines.
(5)
No merchandise shall be handled for sale or service rendered on the premises except that which is incidental or accessory to the principal permissible use of the premises.
D.
Permitted uses. The following uses are permitted in this district if the Plan Commission determines they are not detrimental to the surrounding area and are in compliance with the general restrictions stated above:
(1)
Professional offices and services, including but not limited to accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(2)
Business offices and services, including but not limited to advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency, and duplicating services.
(3)
Financial, insurance and real estate offices and services, including but not limited to financial institutions, security brokers, holding and investments, insurance agency, insurance carriers, electronic data processing and information technology.
(4)
Restaurants (excluding fast-food and drive-through restaurants), motels and hotels.
(5)
Retail and retail service shops located on the street level of office buildings, up to 5,000 square feet per building in the aggregate or 50% of the first floor area, whichever is less. No individual retail space shall be larger than 2,000 square feet.
(6)
Any similar use meeting all the requirements of this district.
F.
Prohibited uses.
(1)
Automobile wrecking yards, junkyards, or similar uses.
(2)
Excavating, grading, trucking and similar construction yards.
(3)
Drop forges, foundries, grain elevators, refineries, tank farms, tanneries and similar uses.
(4)
Dairies, cheese factories, stockyards and rendering plants.
(5)
Fertilizer storage and packaging.
(6)
Landscape contractors or landscape services.
(7)
Uses involving the storage, utilization or manufacture of materials or products which decompose by detonation.
(8)
Mini warehouses.
(9)
New and used car and truck sales.
(10)
Drive-through and fast-food restaurants.
(11)
Waste disposal, dumping, incineration, hazardous waste storage and similar uses.
(12)
All types of residential uses.
G.
Conditional uses.
(1)
Light industrial uses involving the manufacture and fabrication of goods within the confines of a building, and in which any noise, vibration, heat, flash or odor produced in the manufacturing process is confined within the building.
(2)
Wholesale and distribution facilities (excluding mini warehouses) for the storage of non-hazardous goods and materials, where such goods or materials are stored inside a building.
(3)
Research and development.
(4)
Printing and publication.
(5)
Warehousing.
(6)
Public and/or private utility, transmission and distribution lines, and other accessories, provided that when the utility proposes a main intercity transmission facility, the utility shall give notice to the Plan Commission of such intention and of the date of any hearing before the Public Service Commission and, before actual construction, shall file with the Plan Commission a mapped description of the route of any transmission line.
H.
Lot size. The minimum lot size in the BP Business Park District is 40,000 square feet.
I.
Building floor to lot area ratio. The floor to lot area ratio of the building(s) shall not exceed 40% of the lot area.
J.
Building height. The maximum height of principal structures shall not exceed 35 feet unless otherwise allowed as part of a planned development agreement and overlay zoning pursuant to Article XXI of this chapter. The maximum height of accessory structures shall not exceed 30 feet.
K.
Minimum building setback. All structures within the BP Business Park District shall be set back 40 feet from the ultimate road right-of-way.
L.
Minimum building and parking offset. Building or structure offsets shall be a minimum of 25 feet from a side or rear lot line, except where the property is adjacent to an existing or proposed residential development, in which case the minimum offset shall be 100 feet.
M.
Buffer area landscaping. Thirty feet of all offsets immediately adjacent to residential zoning districts shall be landscaped in the following manner: with a minimum of 120 points for every 100 linear feet of side or rear lot line; decorative fencing may be incorporated into, but not replace, the landscape buffer. When decorative fencing is incorporated into the landscape buffer, the total number of required buffer area points may be reduced by 15 points for every 50 linear feet of fencing. Said buffer area landscaping shall be in addition to that required under Article XXXII of this chapter.
N.
Lot coverage and open space ratio. A maximum of 70% of each lot shall contain buildings, structures and pavement. A minimum of 30% of each lot shall be open space.
O.
Lot width. The minimum lot width shall be 150 feet.
P.
Off-street parking. All parking shall be in accordance with applicable regulations set forth in Article XXIV of this chapter.
Q.
Minimum parking and driveway offset. No driveway shall be located closer than 20 feet to a side or rear lot line unless specifically waived by the Plan Commission, except where property is adjacent to an existing or proposed residential property no parking space or access driveway shall be closer than 100 feet.
R.
Minimum parking setback. No driveway (excluding the portion of driveway required for road access) or parking area shall be located closer than 25 feet to the ultimate road right-of-way.
T.
Loading docks. Loading docks shall generally not face a dedicated or reserved public street. Loading docks on property adjacent to a residential property shall not face the residential property.
U.
Exterior mechanical equipment. All exterior equipment shall be located, screened and painted to minimize visibility from streets and adjacent sites.
V.
Storage. Garbage and refuse containers shall be screened from view from streets and adjacent sites.
W.
Minimum design standards. All office or industrial buildings constructed in the BP Business Park District shall be of tilt-up construction, split-face block or brick.
§ 485-170 I-1 Existing Industrial District.
A.
Statement of intent. This district is intended for those established manufacturing and wholesale areas within the City where industrial uses, often in direct proximity to residential uses, have developed on sites too small to provide for the area requirements of the I-2 District.
B.
Permitted uses by right.
(1)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Manufacturing, assembly, fabrication, and processing plants and similar type industrial operations but not including any of the following:
[1]
Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives, fertilizers, or glue.
[2]
Rendering plants, refineries, or tanneries.
[3]
Stockyards or slaughterhouses.
[4]
Junk or salvage yards.
[5]
Storage of explosives except as incidental to a permitted use and storage of gasoline or petroleum in excess of 50,000 gallons.
[7]
Any similar use which in the opinion of the Plan Commission would be hazardous, noxious or offensive to the surrounding area.
(b)
Transportation terminals, including trucking.
(c)
General warehousing.
(d)
Experimental, testing and research laboratories.
(e)
Lumber and building supply yards.
(f)
Dog parks.
(g)
Public utility offices, installations, buildings and structures, including municipal water towers, pump houses, water and wastewater treatment plants, and related public utility facilities and uses.
C.
D.
Permitted uses by conditional grant.
(1)
Automobile body repair shops, including the storage of junked or wrecked automobiles and parts.
(2)
Animal hospitals, kennels, and laboratories using animal products.
(3)
Junk or salvage yards.
(4)
Storage of gasoline or petroleum in excess of 50,000 gallons.
(5)
Ready-mix concrete plants.
(6)
Extractive operations.
(7)
Public utility generating and transmission facilities and offices.
(8)
Public and recreational facilities such as indoor or outdoor ice/roller rinks, archery ranges, go-kart tracks, or any such use as determined (or classified) by the Plan Commission.
(9)
Recording studios.
[Added 3-19-2024 by Ord. No. 2024-2]
§ 485-171 I-2 Industrial Park District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping in appropriately landscaped grounds of manufacturing or industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors, and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect. No such district should normally be less than 25 acres in area.
B.
Permitted uses by right. Any use as permitted by right in the I-1 Existing Industrial Zoning District, except that no building used for warehousing in the I-2 Industrial Park Zoning District shall be less than 11,000 square feet in area.
[Amended 1-4-2022 by Ord. No. 2021-22]
D.
Permitted uses by conditional grant.
[Amended 5-4-2021 by Ord. No. 2021-5]
(1)
Any use permitted by conditional grant in the I-1 District, except for recording studios, which shall not be permitted in the I-2 Industrial Park District.
[Amended 3-19-2024 by Ord. No. 2024-2]
(2)
The sale of used automobiles when accessory to a previously approved principal use of a building as an indoor storage facility; provided, however, that such sales are conducted entirely within the building and that there shall be no more than 12 such sales per calendar year. This conditional accessory use shall not be allowed if carried on in conjunction with a warehousing business. As used in this subsection, "automobile" means a usually four-wheeled land vehicle designed primarily for transportation of passengers rather than property, meant for traveling on a highway, and commonly self-propelled by an engine or motor, but excluding an all-terrain vehicle, moped, motor bicycle, motor bus, motorcycle, motor home, school bus, and truck tractor, as said terms are defined in § 340.01, Wis. Stats.
§ 485-172 I-3 Technology Campus District.
[Added 4-15-2025 by Ord. No. 2025-6[1]]
A.
Statement of intent.
(1)
The I-3 Technology Campus District supports developing digital and technological infrastructure and technology research and development within a controlled industrial environment aligned with modern standards. It accommodates primary uses such as high-capacity facilities for data processing and storage, technological research and development, and data and energy transmission, along with supporting uses such as utilities, warehousing, offices, and light manufacturing subordinate and ancillary to a permitted principal use.
(2)
The I-3 District ensures compatibility with surrounding areas by minimizing noise, dust, traffic, light, and negative environmental effects. Buildings, signage, and site design shall coordinate to create a uniform technology campus aesthetic.
B.
Permitted uses by right.
(1)
The following principal uses are subject to approval by the Plan Commission of building, site, and operational plans:
(2)
Permitted accessory uses. The following are subject to the approval by the Plan Commission of building, site, and operational plans:
(a)
Office, storage, power supply and other such uses including utilities and battery energy storage systems, normally auxiliary to the permitted principal use.
(b)
Off-street parking and parking garages, security facilities and structures.
(e)
Employee parking garages.
(g)
Power generation and renewable energy development.
(h)
Public or private transit facilities.
(i)
Temporary construction yards.
(j)
Temporary concrete batch production.
C.
Lot and dimensional standards.
(2)
Minimum lot width: 100 feet.
(3)
Setbacks from public rights-of-way. The following minimum setbacks shall apply to principal and accessory structures adjacent to a public right-of-way: 100 feet.
(4)
Minimum building side and rear setback: 50 feet.
(5)
Residential setbacks. There shall be a 200-foot building setback from any district where residential is permitted.
D.
Building heights.
(1)
Maximum building height: 65 feet.
(a)
Property owners may increase the maximum building height above 65 feet by one additional foot for each foot the minimum setback from the right-of-way increases. However, the maximum building height shall not exceed 100 feet.
(2)
Maximum accessory building height: 35 feet.
E.
F.
Building design.
(1)
Building elevations. Property owners shall construct all primary and accessory structures with complementary materials on all elevations, a consistent design approach, harmonious character, and complementary facade colors.
(2)
Accessory buildings. Property owners shall construct accessory or ancillary buildings, whether attached or detached, with similar design, materials, and construction as the nearest primary structure if visible from a public street right-of-way or adjacent properties not zoned I-3.
(3)
Roof-mounted equipment. Property owners shall screen all roof-mounted equipment on all four sides of buildings with materials consistent and harmonious with the building's facade and character. They shall provide this screening to screen the equipment from an off-site view and to buffer sound generated by such equipment. Property owners may not screen solar energy systems to the extent the screening prevents or limits functionality or accessibility to direct sunlight. The City shall permit additional exceptions for equipment not visible from public eyesight and demonstrates compliance with noise regulations.
G.
Landscaping and screening.
(1)
Landscaping in setback areas. Property owners shall landscape the first 50 feet of the minimum setback areas defined in Subsection C, Lot and dimensional standards, with the following landscaping features. When a setback area abuts a natural amenity, such as a stream, park, or other open space, the landscape plan should integrate with and respect the natural integrity of the amenity. Detention and retention ponds shall physically, functionally, and visually integrate into adjacent landscape areas.
(2)
Berms. Property owners shall provide a minimum eight-foot-tall berm planted with native species within all minimum setback areas, excluding side and rear yard setbacks that are not wide enough to accommodate such a berm. Berms shall not exceed a slope of 3:1 (i.e., for every three feet of horizontal run, the vertical height is one foot). Property owners shall grade berms to appear curvilinear and naturalistic.
(3)
Native woodland restoration. Property owners shall plant and restore setback areas with a combination of native trees and shrubs indigenous to the area and property.
(a)
Species. Property owners may only plant species native to southeast Wisconsin. Native species include, but the City does not limit them to, beech, sugar maple, basswood, red oak, white oak, black oak, northern white cedar, tamarack, and balsam fir.
(b)
Plant diversity. Plantings shall consist of a mixture of species native to southeast Wisconsin, with no single species comprising more than 25% of the total plantings.
(c)
Distribution. Property owners shall distribute plantings within the setback areas as designed and certified by a licensed landscape architect. They shall plant trees at a density of no less than one tree per 400 square feet of screening area. The Zoning Administrator may approve alternative compliance landscape plans for projects implementing low-impact development practices or seeking sustainable development or green building certifications from nationally recognized organizations, such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative, or SITES.
(d)
Protection. Property owners shall protect all seedlings with four-foot high protective, biodegradable tree tubes.
(e)
Maintenance. Property owners shall carefully maintain newly installed plant material in the first two years after planting.
(f)
Native seeding. Property owners shall plant native seeding surrounding all trees.
(4)
Fencing.
(a)
No fence may exceed 12 feet in height.
(b)
Property owners may only use decorative metal fencing with no barbed or razor wire within setback areas. The Plan Commission may consider any alternative fence design that does not adhere to the standards as part of a building, site, and operational plan submittal.
(5)
Mechanical equipment. Property owners shall screen mechanical equipment such as meter boxes, utility conduits, roof and wall projections such as vent and exhaust pipes, and trash containers, but not including solar energy systems, visible to the public using opaque fences or walls at least four feet in height located no further than 10 feet away from the subject equipment.
(6)
Service and loading areas. Property owners shall screen all service and loading areas visible to the public using opaque fences or walls at least eight feet in height, no further than 10 feet from the subject area.
(7)
Sound walls. Property owners may install a masonry or decorative concrete wall no taller than 24 feet in height surrounding utility areas or for noise mitigation.
H.
Lighting.
(1)
Maximum light levels. Property owners may not emit more than 0.3 footcandles of light at any property line.
(2)
Correlated color temperature. The City prohibits any outdoor fixture that exceeds a correlated color temperature (CCT) of 3,000 Kelvin.
(3)
Cutoffs and shielding. Property owners may only install lighting fixtures with full cutoffs prohibiting any light vertically projected into the sky. Any fixture installed above 18 feet from grade must include shielding so that the light source is not visible. Unless otherwise specified in this section, property owners shall fully shield luminaires emitting more than 1,000 lumens. Those luminaires shall emit no more than 5% of their total lumen output above 80° from the nadir.
(4)
Accent and architectural lighting. Property owners shall recess and direct all accent lighting downward onto the illuminated object or area. They may not install accent light emissions visible above any roofline, building, or other associated structure.
(5)
Fixture height. No property owner may install a freestanding fixture within 300 feet of a property line that exceeds 18 feet in height or in any other area that exceeds 30 feet in height.
(6)
Safety and utility structure lights. Strobes, emergency, safety, and utility lights are exempt from the regulations of this section; however, property owners may only utilize red strobe lighting at night.
(7)
Construction lighting. The City permits temporary lighting that property owners shield for construction activities to prevent glare and light spillover and turn it off during nonconstruction hours.
I.
Sound or noise. Property owners may not emit noises that exceed 70 decibels measured at the exterior property line. The Plan Commission may approve alternative noise mitigation measures if the property owner demonstrates equivalent or superior noise abatement effectiveness.
§ 485-173 AG Agricultural District.
A.
Statement of intent. This district is intended to permit farming operations on lands annexed to the City for eventual development but where such development is not yet proceeding. The potential nuisance factors of the farming operation to adjacent urban development can be tolerated because of the temporary nature of farm use.
B.
Permitted uses by right.
(1)
Agricultural, including but not limited to crop farming, dairying, horticulture, including commercial greenhouses, livestock and poultry raising.
(2)
Public utility transmission and distribution lines, poles, and other related accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission and, before beginning construction of a specific route, shall file with the Plan Commission a mapped description of the route of such transmission line.
(3)
Dog parks.
C.
Permitted accessory uses.
(1)
Residences for owners or farm laborers actually employed full time in the principal use. New such structures shall at least conform to the RS-3 standards for lot area and building location, subject to the Plan Commission approval as to conformance with possible future lot and street patterns for the property.
(2)
Uses normally accessory to residences as regulated in the RS-3 District.
(3)
One roadside stand per farm for the sale only of products raised on the premises operated by the resident farmer and subject to the following:
(a)
Off-street parking for a minimum of four vehicles shall be provided.
(b)
No stand shall be permitted in a location where it would create a traffic hazard or nuisance, and where permitted, driveways shall be so located as to minimize possible interference with normal flow of highway traffic.
(c)
No such stand shall be closer than 15 feet to the existing street line or closer than 20 feet to any other lot line.
§ 485-174 SW Shoreland-Wetlands District.
See Chapter 467, Shoreland-Wetland Zoning.
§ 485-175 PUL Public and Utility Lands District.
A.
Statement of intent. This district is intended to eliminate the ambiguity of maintaining an unrelated use district for areas which are under public or public utility ownership and where the use for public purpose is anticipated to be permanent.
B.
Permitted uses by right. The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(1)
Public schools, libraries, museums, auditoriums, art galleries, concert halls or similar facilities designed to serve the educational or cultural needs of the community.
(2)
Public administrative offices and public service buildings, including fire and police stations.
(3)
Public parks and recreational areas, but not including facilities for organized athletics except as a permitted conditional use.
(4)
Public parking lots.
(5)
Public utility offices, installations, buildings and structures, including municipal water towers, pump houses, water and wastewater treatment plants, and related public utility facilities and uses.
(6)
Dog parks.
C.
Permitted accessory uses.
(1)
Residential quarters for employees or caretaker.
(2)
Garages for storage of vehicles used in conjunction with the operation of the permitted use.
(3)
Parking and service areas and structures serving the employees or for the public using the permitted facility.
(4)
Signs identifying the facility or the activities involved subject to the approval of size and appearance by the Plan Commission.
(5)
Service buildings and facilities normally accessory to the principal use permitted.
(6)
Leasing of surplus public space to other public or private uses, where the character of lease use has impacts on the property and on adjacent properties similar to the principal use.
D.
Permitted uses by conditional grant.
(1)
Public service yards.
(2)
Public parking structures.
(3)
Public penal, reform, disciplinary and mental institutions.
(4)
Public hospitals, sanatoriums, and homes for the aged.
(5)
Military installations.
(6)
Public outdoor recreational facilities for organized athletics.
(7)
Leasing of surplus public space to other public or private uses, where the character of lease use has impacts substantially different, though not adverse, on the property or on adjacent properties than the principal use.
(8)
Public utility generating and transmission facilities and offices.
E.
Special regulations. To qualify for this district, land must be owned by the municipal, county, state or federal government or an agency thereof or by a public utility subject to the jurisdiction of the Public Service Commission.
§ 485-176 OOS Office and Special Service District.
A.
Statement of intent. This district is intended to provide for individual or limited office, professional, and special services uses where such use would maintain the basic character of the underlying use district in terms of building appearance and where the degree of activity and other aspects of the operation would be compatible with the area, and subject to such regulatory standards as are necessary to ensure such compatibility.
B.
Permitted uses by right.
(1)
Any use as permitted by right in the underlying basic district.
(2)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Administrative and public service offices.
(b)
Professional offices of an architect, landscape architect, lawyer, doctor, Christian Science practitioner, dentist, minister, professional engineer, or other similar recognized profession.
(c)
Studio of photography, painting, music, sculpture, dance or other recognized art.
(d)
Real estate and insurance offices.
(e)
Specialized retail or customer service establishments of a restrictive nature, including but not limited to the following:
§ 485-177 OIP Institutional and Public Service District.
A.
Statement of intent. This district is intended to predetermine and provide in those basic districts in which such uses are appropriate specifically defined areas where churches, schools, libraries, and other uses of a public or institutional nature shall be permitted subject to such regulatory standards as will ensure compatibility with the underlying basic district uses.
B.
Permitted uses by right.
(1)
Any use as permitted by right in the underlying district.
(2)
The following uses are subject to approval by the Plan Commission of the building, site and operational plans (see Article XXXI):
C.
Permitted accessory uses.
(1)
Any accessory use as permitted in the underlying district.
(2)
The following are subject to approval by the Plan Commission of building, site and operational plans (see Article XXXI):
(a)
Bar, restaurant or other service facilities accessory to a permitted use and intended solely for the convenience of members and guests and not operated as a business nor open to the general public. Where such facilities are accessory but are open to the public, they may be permitted as a conditional use as hereinafter specified.
(b)
Any other structures or uses normally incident to the permitted overlay use.
D.
Permitted uses by conditional grant.
(1)
Any conditional use permitted in the basic underlying district.
(2)
Penal, reform, disciplinary, and mental institutions.
(3)
Military installations.
(4)
Public service yards.
(5)
Radio and television transmission and relay towers.
(6)
Hospitals, nursing homes and rest homes for the aged.
(7)
Bar, restaurant or other service facilities basically accessory to a permitted principal use but open to the public and operated as a business.
(8)
Day-care centers providing care for nine or more children.
(9)
Adult day-care centers providing services for part of the day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living or protection.
§ 485-178 OPD Planned Development District.
A.
Statement of intent. This district is intended to allow for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance with the intent of the normal district regulations of this chapter. To this extent it allows diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and planned as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage the preservation of open land.
B.
Permitted uses by right. Any use permitted in the underlying district subject to the conditional regulations as to the manner in which permitted as provided in Article XXI.
§ 485-179 OHS Highway Service District.
A.
Statement of intent. This district is intended to provide along portions of major traffic routes designated areas in which certain uses particularly suited to and compatible with the highway traffic shall be permitted subject to such regulatory standards as will ensure compatibility with the underlying basic district uses.
B.
D.
Permitted uses by conditional grant. Any conditional use permitted in the underlying basic district.
§ 485-180 ODF Density Factor District.
A.
Statement of intent. This district is intended to provide for a sliding scale of increased density based on the size of parcels 25,000 square feet or over, in order to permit economically realistic utilization of the mixed-use potential of the CCM District, by preventing overinflation of land values based on maximum density expectation regardless of the size of parcels and thereby making economically feasible the assembly of larger parcels for development.
B.
Permitted uses by right. Any use as permitted by right in the CCM District.
C.
Permitted accessory uses. Any accessory use as permitted in the CCM District.
D.
Permitted uses by conditional grant. Any conditional use permitted in the CCM District.
E.
Density factor alteration. Where a parcel of land at least 25,000 square feet in area is in single ownership for the purpose of development, the minimum density and open space requirements may be reduced two square feet for every 100 square feet of total parcel area in excess of 25,000 square feet, but in no case shall the density requirement be reduced to less than 1,500 square feet per family nor the open space to less than 500 square feet per family.
§ 485-181 OAG Arterial Gateway District.
A.
Statement of intent. This overlay district is intended to provide for higher standards of design and site development along the high-visibility arterial gateways into the City.
B.
Applicability. This overlay district shall apply to all nonresidential properties having frontage on the following named streets and a base zoning of B-1, B-2 or B-3:
C.
Permitted uses by right. The following uses are permitted, subject to approval by the Plan Commission of the building, site and operational plans (see Article XXXI):
(1)
Offices.
(2)
Retail stores and shops.
(3)
Community and customer service establishments.
(4)
Commercial studios, display galleries, and vocational training schools.
(5)
Public utility offices and installations with no outside storage.
(6)
General merchandizing establishments.
(7)
Printing and publishing houses and related activities.
E.
Permitted uses by conditional grant.
[Amended 4-18-2023 by Ord. No. 2023-8]
(1)
Restaurants, taverns, theaters, bowling alleys, nightclubs and other indoor commercial entertainment facilities, subject to Chapter 346 of the City Code regulating sexually oriented businesses.
(2)
Service establishments for automobiles, including body repair and new car sales, but excluding used car sales, provided that any outdoor display areas are appropriately landscaped with areas containing sod, native grasses, shrubs, bushes, and trees.
(3)
Lawn and garden centers, nurseries and greenhouses.
(4)
Boat sales and service operations.
(5)
Animal hospital or veterinary clinic.
(6)
Experimental, testing and research laboratories.
(7)
Private commercial outdoor recreational facilities.
(8)
Gas/service station or convenience store.
(9)
Outdoor eating and drinking facilities.
(10)
Hotels and motels.
(11)
Lodges and private clubs.
F.
Prohibited uses and activities.
[Amended 7-18-2023 by Ord. No. 2023-14]
(1)
Transportation terminals.
(2)
Commercial parking facilities.
(3)
Warehousing.
(4)
Trailer and/or truck rentals.
(5)
Check cashing stores.
(6)
Pawnshops.
(7)
Any uses that generate significant dust, odor, or noise.
(8)
Any uses not permitted by right, as an accessory use, or as a conditional use hereunder.
G.
Setback and area requirements. As specified in the underlying district, except as follows:
H.
Miscellaneous requirements; relief from strict application. The following requirements shall also apply to properties within this overlay district. However, the City recognizes that due to unique site conditions or design limitations, strict application of these requirements may impede the maximum use of the proposed development. Therefore, in such cases the Plan Commission may, in its discretion, consider trade-offs within and among these requirements to facilitate development and increase the benefits to the City.
(1)
Predominant exterior building materials shall be durable materials that can be economically maintained and are of a high quality that will retain their appearance over time, such as, but not limited to, fiber-cement siding, wood lap siding, brick, stone, architectural pre-cast concrete, architectural panelized wall systems, or such other materials as may be approved.
[Amended 4-18-2023 by Ord. No. 2023-8]
(2)
Buildings shall be designed with consistent and/or compatible details on all sides visible from public rights-of-way.
(3)
Prohibited exterior building materials include tilt-up concrete panel systems and metal panel systems.
(4)
Garage and overhead doors shall be screened from view from public rights-of-way by the use of walls, fences, or landscaping.
(5)
All on-site utilities shall be located underground.
(6)
Ground-mounted mechanical equipment shall not be located in the front yard and shall be screened from view from public rights-of-way by the use of walls, fences, or landscaping.
(7)
All roof-mounted mechanical equipment shall be screened to minimize visual impact from public rights-of-way, where such screening will be effective. Where screening will not be effective, the color of such equipment shall be the same as or complementary to the color of the building.
(8)
To the extent practicable, parking shall not be in the front of a building but in the back.
I.
Administrative review. If an applicant submits a proposal for the use of a property which is not listed as a permitted use by right under Subsection C hereof, the City Planner shall review and give written notice of the proposal to the Plan Commission. A meeting of the Plan Commission shall be held as soon as practicable, upon prior public notice, to discuss such proposal and determine whether the proposed use is consistent with the intent of this overlay district, and compatible with and similar to the permitted uses by right set forth herein so as to be a permitted use by right.
[Amended 4-18-2023 by Ord. No. 2023-8]
§ 485-182 ONP Neighborhood Preservation District.
A.
Statement of intent. This overlay district is intended to preserve and protect the quality and character of established neighborhoods, recognizing that a cohesive appearance retains the community's image, identity and history. It serves to stabilize and enhance property values, reducing conflict between new construction and existing structures.
B.
General provisions.
(1)
This overlay district does not replace the underlying zoning district, which shall remain the source of the minimum applicable restrictions on structures, use and development. It may, however, further limit, but not expand, the structures, uses and development allowed in the underlying zoning district.
(2)
All new development, complete redesign of the exterior of existing structures, or razing must comply with the standards set forth in § 485-134. The Design Review Board shall consider, among other things, the following in reviewing the proposal:
(a)
Building design, size and scale.
(b)
Exterior building materials.
(c)
Neighborhood character and compatibility.
(d)
Visual impact on existing natural features and hillsides.
(e)
Compatibility with existing topography and vegetation.
(f)
Landscaping and screening.
(g)
Drainage patterns, site disturbance, erosion, and runoff.
(h)
Historic or archaeological features.
(i)
Impact on natural and historic landmarks.
(3)
The Design Review Board shall also consider the impact of new development in relation to views enjoyed by the owners or occupants of existing structures and properties, and, in particular, public property and public rights-of-way.
(4)
Action by the Design Review Board shall take the form of advisory recommendations to the Plan Commission.
§ 485-183 OCP Conservation Protection District.
A.
Statement of intent. This overlay district is intended to prevent the destruction of valuable natural resources, particularly woodlands, wildlife habitat areas, significant water recharge and discharge areas, prairies, recreational and scenic areas, natural scientific areas, areas with poor soils or high groundwater, and areas of steep topography (e.g., hillsides, bluffs, etc.). Regulation of these areas, including environmental corridors, should serve to control runoff, erosion and sedimentation, protect the natural resource base, promote and maintain the natural beauty of the area, and promote the health, safety and welfare of City residents.
B.
General provisions.
(1)
This overlay district does not replace the underlying zoning district, which shall remain the source of the minimum applicable restrictions on structures, use and development. It may, however, further limit, but not expand, the structures, uses, activities and development allowed in the underlying zoning district.
(2)
This overlay district is intended to be applied to those lands identified as having significant combinations of natural features or features not conducive to development, and is to be applied to primary environmental corridors, secondary environmental corridors, and isolated natural areas delineated in the City's Comprehensive Plan (or the components thereof), or identified on plats and approved plans, or shown on soils maps.
C.
Permitted uses by right.
(1)
Preservation of scenic, historic, and scientific areas or properties.
(2)
Controlled studies of ecosystems for educational purposes.
(3)
Forest and game management.
(4)
Harvesting of wild crops.
(5)
Hiking, fishing, trapping, and swimming, unless restricted or prohibited by other ordinances or laws.
(6)
Stormwater management.
(7)
Park, open space, and recreation areas.
(8)
Recreational trails, bicycle trails, cross-country skiing trails, and equestrian trails.
(9)
Sustained yield forestry.
(10)
Municipal and public utility work.
(11)
Wildlife and plant life preserves.
E.
Miscellaneous permitted or prohibited uses and activities.
(1)
Filling, removal of topsoil, and the damming or relocating of any watercourse is prohibited except with the approval of the Plan Commission.
(2)
Clear-cutting of trees and shrubs is prohibited; however, vegetation may be partially removed as necessary to accommodate any permitted use. Vegetation may also be selectively pruned or removed to reduce screening so as to achieve a filtered view from a principal structure, or for reasonable access to a watercourse or wetland.
§ 485-184 OLUT Land Use Transition District.
A.
Statement of intent. This overlay district is intended to identify those areas in the City where the Land Use Map 2035 recommends uses that are different from existing uses as identified on the Official City Zoning Map. Section 66.1001(3), Wis. Stats., requires that a zoning ordinance and map shall be consistent or not contradictory to the approved land use map.