The regulations set forth herein shall supplement or modify the regulations set forth in Title 20.

(Ord. 1127 (part), 1998).

On through lots the height of the building may be measured from the mean elevation of the finished grade along the front of the building considering the end facing either street as the front.

(Ord. 1127 (part), 1998).

In this section, "public utility uses" shall refer to poles, towers, wires, cables, conduits, vaults, pipelines, laterals, transmission corridors (12.4K and above), and any other similar distributing equipment for a public utility.

A.

Purpose and Intent. The ordinance codified in this section is adopted to:

1.

Foster cooperation between the municipality and various utilities in regard to the placement of public utility uses; and

2.

Require notice of an opportunity to participate in decisions regarding the location of distribution lines which are subject to replacement; and

3.

Require the underground construction of future distribution lines in new subdivision and across unplatted lands where feasible.

B.

With these purposes in mind, it is the intent of the ordinance codified in this section to preserve and protect the following values and benefits which the common council finds as a matter of legislative determination will otherwise be harmed:

1.

Scenic, aesthetic, and other recreational values;

2.

The improvement of general civic appearance;

3.

Harmony between human surroundings and activities;

4.

Protection of the integrity of trees and other vegetation;

5.

The elimination of damages to public utility uses by vandalism, wildlife, some weather conditions and accidents;

6.

The elimination of damage to wildlife caused by the presence of aboveground public utility uses.

C.

When public utility uses other than transmission corridors (12.4 KV and below) are proposed to be located in subdivisions or across unplatted lands, such uses shall be located underground provided there is reasonable access and proper easement to erect and maintain underground utility uses.

D.

When public utility uses other than transmission corridors (12.4 KV and below) are proposed to be located in the conservancy district, such uses shall be located underground provided there is reasonable access and proper easement to erect and maintain.

E.

Conditional Use Permits. When public utility uses are proposed to be located across unplatted lands or within the conservancy district, such uses may be allowed subject to the issuance of conditional use permits in accordance with the provisions of Article IV of this chapter.

F.

Transmission Corridors (12.4 KV and Above). When a public utility determines the need for establishing, relocating or otherwise changing a transmission corridor, the utility must notify the city administrator in writing of such determination and meet with the common council or their designated representatives for the purpose of exchanging information and determining the most appropriate location.

(Ord. 1127 (part), 1998).

A.

More than One Building on a Lot. In any district more than one building housing a principal use may be erected on a single lot, provided that the yard and other requirements of this title shall be met for each building as though it were on an individual lot.

B.

Through Lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots, the street sideyard shall equal the required front yard fronting on that street.

C.

Development in Mapped Streets. Where an official line has been established for the future widening or opening of the street, the depth of a front yard or the depth of a side yard shall be measured from such official line to the nearest line of the building.

D.

Street Access. Every building housing a principal use hereafter erected or moved shall be on a lot with direct access to the public or private street and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking.

E.

Building Groups. In any district, a group of buildings separated only by common or party walls shall be considered as one building.

(Ord. 1127 (part), 1998).

A.

Accessory Uses and Structures. All accessory buildings which are attached to the principal buildings shall comply with the yard requirements of the principal building.

B.

Detached Accessory Building. No detached accessory building shall occupy any portion of the required front or side yard and no detached accessory building shall occupy or be located a minimum of five feet from any accessory building or ten feet from any principal building.

C.

Corner Visibility. On any corner residential lot, nothing shall be erected, planted or allowed to grow within the triangle formed by connecting the following three points: the point of the intersection of the property lines adjacent to the lot of the intersection streets, a point of fifteen feet from such point of intersection along one lot line and a point fifteen feet from such point of intersection along the other lot line.

1.

Upon complaint from a city resident, the building inspector or public works director shall investigate the obstruction to vision in the city, and if any property owner therein shall fail or neglect to remove such obstruction within thirty days after written notice from the duly authorized city representative, he shall, without further notice, remove or cause all such obstructions to be removed, and cause the cost of such summary removals to be charged to the owner of the property upon which such obstructions were located. The cost of such removals shall be charged to the property owner at the cost of removal.

2.

Costs for Removals. The costs for such removals shall be certified to the city administrator, specifying by separate items the amount chargeable to each piece of land, describing the same, and the city administrator shall enter the amount chargeable to each tract of land in the next tax roll in column headed, "For the Removal of Site Obstructions" as a tax on the lands upon which such site obstructions were destroyed, which tax shall be collected as other taxes are.

The authorized city enforcers of this section and his agents, representatives and employees may enter upon any lands upon which any of the site obstructions defined herein, and remove them without being liable to an action for trespass or any other action for damages resulting from such entry and destruction, if reasonable care is exercised in the performance of the duties herein imposed.

3.

Exempt Areas. The following items are exempt from this section:

a.

Objects less than two and one-half feet high;

b.

Objects less than one foot wide;

c.

Aboveground public utilities;

d.

Traffic control devices;

e.

Upon petition to the common council by the property owner, the common council may exempt the offending obstruction should extenuating circumstances occur.

D.

Fences and Hedges.

1.

Definitions. For the purpose of this section, the following definitions shall apply:

a.

"Fences" means a barrier made of wood, iron, stone or other material.

b.

"Hedge" means a barrier consisting of natural or artificial vegetation.

2.

Permit Required. No person shall erect or construct any fence on any property without first obtaining a fence permit and paying the required fee set forth by city resolution. Applicants must provide a survey or otherwise demonstrate clear evidence regarding a proposed fence's relationship to adjacent property lines.

3.

Prohibited Fences. No person shall construct or maintain any fence, any barbed wire fence or any fence which is charged or connected to an electrical current in such a manner as to transmit current to any person or animals.

4.

Construction Standards. Fences shall be constructed in a substantial manner and using materials reasonably suited for the proposed use. Snow fences or other fences which are inherently temporary by nature shall not be permitted. Fences shall be constructed such that the "finished" side faces the neighboring property. Fence posts shall be placed on that side of the fence facing the applicant's property.

5.

Maintenance Requirements. Fences shall be maintained in a condition of reasonable repair and shall not be allowed to deteriorate so as to become a safety hazard or nuisance to adjacent property owners or the general public.

6.

Height Limitations.

a.

A fence bordering side and rear lot lines shall be no more than seven feet in height in any residential district or eight feet in height in any other district.

b.

A fence or any natural hedge or closely planted vegetation that forms a barrier shall not exceed four feet in height within the limits of the front yard in all residential districts.

c.

A fence or any natural hedge or closely planted vegetation that forms a barrier shall not exceed a height of thirty inches if within ten feet of a driveway access for a distance of ten feet in each direction from the intersection of the property line and street right-of-way line in all residential districts.

d.

On corner lots, no planting or structures shall impede vision between a height of thirty inches and seven feet above the curb line in the vision of safety zone.

e.

In no case shall a fence or similar barrier impede vehicular vision or cause a hazardous condition to exist.

7.

Location. Fences shall not be located within two feet of any property line except that they may be placed closer to or on the property line with a written consent of abutting property owners. The city shall require the owners to file the written fence agreement.

8.

Nonconforming Fences and Hedges. Any fence or hedge existing on the effective date of this code and not in conformance with this section may be maintained, but any alteration, modification or improvement of such fence shall comply with this section.

(Ord. 1127 (part), 1998).

(Ord. No. 1476, 6-11-2019)

The height limitations contained in herein do not apply to belfries, cupolas, antennas, water tanks, elevators, bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. 1127 (part), 1998).

A.

Fractional Spaces. Where a computation of the required parking spaces results in a fractional number, only the fraction of one-half or larger shall be counted as one.

B.

Off-lot Parking. Required off-street parking spaces shall be located on the same lot with the principal use, or, when this requirement cannot be met, such parking spaces may be located off lot, provided the parking spaces are located in a district where similar off-street parking facilities are permitted. Off-lot parking spaces must also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the city attorney.

C.

Requirements Not Specified. Any principal use which does not have a specific off-street parking requirement specified in this title shall provide sufficient off-street parking so that no public street shall be used for parking.

D.

Design Standards. Parking area for more than four vehicles shall provide the following:

1.

Yards. The front yard setback before the parking area shall be the same as for buildings in the district in which the parking area is located. Side yards and rear yard setbacks shall be seven feet from the lot line on either side of the parking area.

2.

Surfacing.

a.

All driveways and open off-street parking areas shall be surfaced with bituminous or concrete.

b.

Driveway aprons between the street and sidewalk shall be of concrete.

c.

Grading. Open off-street parking areas shall be graded and drained so as to dispose of all surface water into an onsite stormwater collection system going into the municipal stormwater collection system.

3.

Screening and Landscaping. For all off-street parking areas:

a.

There shall be provided and maintained a permanent screening buffer strip along any boundary of such parking lot which adjoins or is across the street from property zoned R1, R2 or R3.

b.

Such screening may be accomplished by a wall, berm or fence not less than five feet in height or by a living hedge, shrubs or trees which at the time of planting shall be a minimum of three feet in height and three feet in width and shall within a period of two years attain a height and width of a least five feet. The building inspector may modify the screening requirements when screening exists on the adjoining property.

c.

When landscaping is within the required front or corner side yard, the maximum height shall be thirty inches.

d.

Landscaping shall be provided and maintained within such parking lot and shall include natural plantings such as trees, shrubs or bushes. Landscaping areas shall be not less than five percent of the total parking lot area and shall be reasonably distributed throughout the parking lot.

E.

Ingress and Egress.

1.

Parking lots accommodating twenty-four or fewer cars:

a.

One-way access to the parking lot shall be a minimum of ten feet in width;

b.

Driveways accommodating two-way traffic shall be a minimum of twenty feet in width.

2.

Parking lots accommodating twenty-five or more vehicles shall be a minimum of twenty feet in width,

a.

One-way access shall be a minimum of twelve feet in width;

b.

Driveways accommodating two-way traffic shall be a minimum of twenty-four feet in width.

3.

Parking lots accommodating commercial or industrial vehicles:

a.

One-way access shall be a minimum of fourteen feet in width;

b.

Driveways accommodating two-way traffic shall be a minimum of twenty-eight feet in width.

F.

Lighting. Any lighting used to illuminate off-street parking areas shall use full cut-off design fixtures and shall be directed downward to minimize light spill onto adjacent properties.

(Ord. 1127 (part), 1998).

A.

Buildings and Structures. Common open space areas may contain complementary structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.

B.

Dedication. When common open space or any portion thereof is approved for dedication and complementary improvements are completed and accepted, such deed shall be conveyed to the city and the supervision and maintenance shall be the responsibility of the city.

C.

Reservations. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance and use of such areas as deemed necessary by the city to assure the preservation of its intended purposes.

D.

Maintenance. In the event that the common open space is improperly maintained, the city may serve written notice upon any property owner or association, setting forth the manner in which such property owner or association has failed to maintain the common open space, and demand the maintenance deficiencies be corrected within thirty days. If deficiencies as originally set forth or subsequently modified are not corrected within thirty days, the city may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed against the properties within development that have the right to use the area and shall become a tax lien on such properties. The city, at the time of entry, shall file notice of any liens in the office of the city administrator.

(Ord. 1127 (part), 1998).

On lots containing one and/or two family uses, regardless of the zoning classification, there shall be no storage of any materials in the front yard, except as set forth in Section 20.12.040(C) of this title. All materials in side and rear yards on the lot shall be kept in a building or shall be fully screened so as not to be visible from any public right-of-way. Stacked firewood may be placed in the side or rear yard and does not need to be screened.

Materials required to be stored in a building or fully screened shall not include boats, vehicles, trailers, portable car port type structures, children's toys, playground equipment, grills and lawn furniture that are in working condition or are not in disrepair, as well any other similar types of items, as long as such items are in working condition or are not in disrepair. The foregoing list is intended to be illustrative and not exclusive.

(Ord. 1204, 2005).

A site plan shall be required in connection with any use or structure. Such site plan shall be submitted coincident with an application for a building permit or conditional use permit, as the case may be. The zoning officer shall forthwith circulate the site plan for comment by the city plan commission and any other city officer who may have a responsibility for or interest in an aspect of site development.

Exception: R-1 single-family district, R-2 one and two-family district and any related accessory uses within these districts. Building additions less than five hundred square feet located within the B-1 central business district, B-2 highway business district, B-3 neighborhood business district, and A agricultural district shall be reviewed at administrative level with the authority to move to plan commission if so chooses. Should any property within the B-1, B-2, B-3, or A district abut the R-1 and R-2 district or additions are located within the street frontage, then the site plan must be submitted to the plan commission for approval. The building inspector will provide updates to the plan commission of site plans that have been approved at administrative level.

A.

Review Process. Applications shall not be placed on the agenda of the plan commission unless they have been submitted not less than fifteen business days prior to the meeting of the plan commission in order to allow adequate time for administrative review. Upon receipt of the application, but not less than five days prior to any meeting at which it may appear on the agenda, the zoning officer shall transmit the site plan commission for their consideration. Except as required in connection with a conditional use permit, no public notice and hearing is required for site plan consideration but such matters shall be handled in public session as part of a previously prepared agenda. All matters relating to site plan consideration shall be a public record. In cases where a site plan is submitted in connection with an application for a conditional use permit, public notice and hearing is required. Site plan approval shall require formal action of the plan commission but shall not require review by the common council. The applicant may request that the site plan review process be completed in three stages. Each stage will be addressed at a monthly plan commission meeting. The first stage shall require a site plan showing the items in Section 20.52.100(B)(1), (2), (3), (8), (13) and (14). The second stage shall require a site plan that adds the items in Section 20.52.100(B)(4), (5), (6) and (9). In the final stage site plan shall contain all of the required items in Section 20.52.100(B).

B.

Site Plan Content. A site plan required to be submitted by the terms of this title shall contain the following elements, where applicable:

1.

Statements of ownership and control of the proposed site improvements or development;

2.

Statement describing in detail the character and intended use of the site;

3.

A site plan drawing containing the title of the project and the names of the project and developer, date, and north arrow, and which is based upon an exact survey of the property drawn to a scale of sufficient size to show existing streets, buildings, water courses, easements, section lines, exact location of all buildings and structures, access and traffic flow, off-street parking and off-street loading area, recreation facilities locations and access to utilities and points of utility hookups;

4.

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses;

5.

Tabulation showing the derivation of numbers of off-street parking and loading spaces and total project density in dwelling units per gross acre;

6.

Architectural definitions for buildings on the site including a rendering of the front building elevation showing the features, materials, textures and colors of the proposed structures and including floor plans showing the square footage of public assembly, office, retail, warehouse or manufacturing space, and the exact number of dwelling units, sizes and types;

7.

Plans for storm drainage, erosion control, site grading and public utilities if not previously approved through another review process of the city. If plans have been previously approved, written evidence of such approval shall be provided, and such approval shall not be considered current and valid if granted more than one year prior to the date of the site plan application;

8.

If common facilities (such as recreation areas or structures, common open spaces, etc.) are to be provided for the site, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, homeowners associations, surety arrangements, or other legal instruments providing adequate guarantee to the city that such common facilities will not become a future liability for the city;

9.

Plans and locations for signs, if any;

10.

In the industrial districts, plans for the exterior walls of all buildings, lighting, outside storage and technical information concerning industrial processes and materials pertinent to conformance with the industrial performance standards contained in Section 20.36.070 of this title;

11.

Title evidence showing easements and restriction of record;

12.

A landscaping plan detailing the proposed screening and tree and other planting locations. Such plan shall include the size and species of trees and plantings;

13.

The location and screening of all trash collections areas;

14.

The location of all loading areas;

15.

Such additional data, maps, plans or statements as may be required for the particular use or activity involved or as the applicant, zoning officer or plan commission may believe is pertinent.

C.

Amendments to Site Plan. A site plan required to be approved by the plan commission under this section shall not be modified as to any of the elements contained in subsection B of this section unless approved by the plan commission. This requirement shall not be varied with the exception of the access of utilities and points of utility hookups required under subsection (B)(3). As it relates to access to utilities and points of utility hookups, variation may be made after approval by the city engineer. Variation from approval by the plan commission affecting utilities may be granted by the city engineer where it may be necessary for the avoidance of other utilities or for the public convenience or for the efficiency and adequacy of such hookups. The plan commission may by formal resolution delegate authority to approve minor variations from the approved site plan by the zoning officer. The zoning officer shall periodically report to the plan commission concerning the outcome of his actions concerning site plan approval, and any enforcement action initiated by the administration to insure compliance.

D.

Termination of Site Plan Approval. A site plan shall be effective for one year from the date of approval. If the applicant fails to institute or complete work on the proposed building within one year, a new site plan must be submitted for review.

(Ord. 1182, 2004; Ord. 1181, 2004; Ord. 1178, 2003; Ord. 1150, 2001; Ord. 1127 (part), 1998).

(Ord. No. 1443, 6-10-2014)

A.

Use Regulations. Only the following buildings and uses shall be permitted:

1.

Single-family mobile homes and accessory buildings;

2.

Office and dwelling for the owner or administrator of the subdivision or park;

3.

Buildings including toilets, bathing, clothes washing, recreation and other similar services for residents of the subdivision or park.

B.

Height Regulations. No mobile home or building shall exceed one story or fifteen feet in height.

C.

Setback Regulations. Every mobile home subdivision or park shall have the following minimum setbacks:

1.

Twenty-five feet where the subdivision or park abuts a public street right-of-way;

2.

Forty feet from all the exterior lot lines of the subdivision or park not bordering a street.

D.

Screening and Landscaping Regulations. Along the exterior lot lines not bordering streets, screening and landscaping is required, subject to the approval of the plan commission. Such screening may be provided by the natural terrain and vegetation, or such screening and landscaping may consist of hills, compact ornamental fencing, shrubs or trees maintained in good condition and of sufficient height and quantity to provide screening between the subdivision or park adjoining property.

E.

Spacing Units. Mobile homes and any attachments or accessory buildings shall not be spaced closer than twenty feet apart, or within ten feet of a private street serving each unit.

F.

Area. Each mobile home park or subdivision shall have a minimum area of six acres.

(Ord. 1127 (part), 1998).

It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular uses of the particular location. Such conditional uses fall into two categories:

A.

Uses publicly operated or traditionally affected with a public interest;

B.

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Ord. 1127 (part), 1998).

The plan commission may authorize the zoning officer to issue a conditional use permit for conditional uses after review and a public hearing; provided that such conditional uses or structures are in accordance with the purpose and intent of this title and are found to meet the following standards:

A.

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

B.

That the conditional use will not be injurious to the use and enjoyment of other property in the orderly development and improvement in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values within the neighborhood;

C.

That adequate facilities, access roads, drainage, and/or necessary facilities have been or are being provided;

D.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

E.

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(Ord. 1127 (part), 1998).

Applications for conditional use permits shall be made in duplicate to the zoning officer on forms provided by his office. Such applications shall be forwarded to the plan commission on receipt by the zoning officer. Such applications shall include, where applicable:

A.

Names and address of the applicants, owner of the site, architect, professional engineer and contractor;

B.

A description of the subject site by lot, block and recorded subdivision, or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies;

C.

A plat or survey prepared by a registered land surveyor showing all information required for a building permit and existing and proposed landscaping;

D.

Additional information as may be required by the plan commission, city engineer, building, plumbing or health inspectors.

(Ord. 1127 (part), 1998).

The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation.

(Ord. 1127 (part), 1998).

Public hearings on applications shall be held within one month by the plan commission. There shall be a published Class 1 notice, as provided in Chapter 985, Wisconsin Statutes. The zoning officer shall notify all property owners within one hundred feet of the proposed conditional use of the time, date, location and subject matter of the hearing.

(Ord. 1127 (part), 1998).

Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting, screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this title.

(Ord. 1127 (part), 1998).

Compliance with all other provisions of this title, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses. Variance shall only be granted by the board of appeals.

(Ord. 1127 (part), 1998).

A record of all conditional use permits granted shall be kept on file with the zoning officer. A land covenant contract shall be on file with the building inspector and one copy recorded in the register of deeds office in Fond du Lac. Land covenant forms shall be furnished by the building inspector.

(Ord. 1127 (part), 1998).

Upon the determination by the zoning officer that the time limits or the conditions and stipulations of an approved conditional use have not been complied with, the zoning officer shall send written notice to the party granted the conditional use of the actions necessary to comply with the conditional use permit. The notice shall specify that failure to comply with the required conditions or stipulations within thirty days will invalidate the conditional use permit. Appeals to this determination shall be to the plan commission.

(Ord. 1127 (part), 1998).

The intent of the planned unit development regulations is to encourage unique, quality and desirable development by allowing for greater flexibility and design standards for projects conceived and implemented as comprehensive and cohesive developments. These regulations are established to permit and encourage diversification, variation and imagination in the relationship of uses and composition of developments; to encourage the preservation of open space; and to encourage more rational, economic development with respect to provisions of public services. This section is adopted in accordance with the provisions of Wisconsin Statutes 62.23(7)(b) and is intended to promote maximum benefit from coordinated area site planning, diversified location of structures and mixed compatible uses.

(Ord. 1127 (part), 1998).

This section shall operate as an overlay zone and as an alternative to the permitted uses and regulations applicable to existing districts and shall be applicable only to those lands which may hereafter be zoned planned development district by the common council at its discretion subject to prior recommendation of the plan commission. Basic underlying zoning requirements for lands over zoned as a planned development district shall continue in full force and effect and shall be solely applicable until such time as the common council grants final approval under the procedures hereinafter provided.

(Ord. 1127 (part), 1998).

All uses permitted are those in the underlying zoning district by right or by conditional use permit in accordance with the further provisions of this section.

(Ord. 1127 (part), 1998).

A.

Minimum Size. Planned unit developments (PUDs) shall not be less than two acres.

B.

Character of Site. All sites proposed for planned unit developments must be suitable for development in the manner proposed without hazards to persons or property on or off the site from flooding, erosion, subsidence or slipping of the soil or other dangers, annoyances or inconveniences.

C.

Locational Requirements. All planned unit developments must have access to arterial or collector streets or highways without creating traffic on local residential streets outside the district. PUDs must be so located in relation to existing public utilities and facilities that no additional public expense will be involved to extend utilities to the area unless the developer agrees to offset the added public expense.

D.

Unified Control. All land included for development as a planned unit development shall be under the legal control of the applicant. The applicant shall provide firm evidence of unified control of the entire area within a proposed PUD together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as shall be required by the instruments of the planned unit development and by the city.

E.

Appropriate Zoning. If the current zoning of the area differs from the predominate use proposed, the developer must apply for rezoning to the appropriate zone simultaneously with or preceding the petition for the planned unit development overlay.

F.

Height, Area and Other Regulations. All regulations of the base zoning district shall apply unless specifically varied as part of the planned unit development.

(Ord. 1127 (part), 1998).

(Ord. No. 1515, 7-12-2022)

A.

Comprehensive Plan. Consideration shall be given to applicable provisions of the city's Comprehensive Plan as it pertains to the site and to future sites for schools, parks, public facilities, roads, utilities and areas of environmental sensitivity (floodplain, wetlands, steep slopes, wooded areas and similar environmentally sensitive features).

B.

Adjacent Development. Consideration shall be given to relevant features of adjacent existing development.

C.

Location of Structures. Specific lot size, building, location, height size, floor area, and other such requirements shall be based upon determination by the plan commission as to their appropriateness to the proposed uses or structures as they relate to the total concept of the planned development, consistent with the criteria set forth in this section, and as near as practicable, consistent with standards established in applicable existing basic zoning districts and regulations, and with those generally accepted basic standards necessary to insure the protection of the public health, safety, and general welfare of the area of the community.

D.

Open Space. There shall be a minimum open space of thirty five percent of the total gross area of the PUD site. In this open space there shall be no buildings or parking and driveway areas; provided, however, that planting islands in parking areas shall be considered open space. Walkways and trails, and recreational structures (gazebo, park shelter, docks, boathouses, and similar) shall be permitted in open space areas. Natural areas such as woods, marshes, waterways, wetlands and areas serving a useful ecological purpose shall be preserved to the greatest extent possible. Open space areas shall be landscaped or left in a natural condition as determined by the PUD plan approval.

E.

Street Design. Private streets may be permitted within a planned unit development provided that construction specifications meet city minimum standards and that pavement width shall not be less than twenty-four feet plus curb and gutter. No parking shall be permitted on private streets or to back onto private streets, except from garages which are located no closer than twenty feet to the back of the curb and which are attached to residential structures.

F.

Parking Design. In accordance with Section 20.52.060 and the space requirements of the underlying zoning district. Parking shall not be located closer than ten feet to a residential structure. Not less than ten percent of parking lots shall be reserved for planting islands for trees for the purpose of breaking up large expanses of paved area.

G.

Density. Residential density per acre shall not exceed four units per acre in R-1, six units per acre in R-2, and fourteen units per acre in R-3.

(Ord. 1127 (part), 1998).

A.

Pre-Application Conference. Prior to submitting a request for a planned unit development overlay rezoning, a pre-application conference with the city administrator or his designee is required. The purpose of such preapplication conference shall be to assist the applicant in bringing the overall proposal as nearly as possible into conformity with these or other regulations applying generally to the property involved and to define specifically those variations from the application of general regulations which appear justified in each individual instance.

B.

Application. Application for rezoning to PUD and other underlying district if needed with required supporting data, shall be filed with the city administrator. The filing fee shall be in accordance with the schedule of permit fees of the city. The application shall include a site plan in accordance with Section 20.52.100 of this title and the following information:

1.

Title of the project and the names of the project designer and the developer;

2.

Scale, date, north arrow and general location map;

3.

Boundaries of the property involved, including existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the property;

4.

The location of all proposed structures or recreational facilities;

5.

The locations of all proposed common spaces or open spaces;

6.

The location of all proposed drives, entrances and sidewalks;

7.

A plan showing access to traffic flow;

8.

The location, size, number and screening of all parking areas;

9.

Drainage and grading plan;

10.

A detailed written proposal describing variations from the underlying zoning standards and including any proposed covenants, agreements or other documents showing the ownership and method of assuring perpetual maintenance of the land and improvements to be used for common purposes;

11.

A calculation of the amount of acreage to be devoted to open space;

12.

The expected date of commencement of development and a development schedule;

13.

A legal description of the boundaries of the property involved;

14.

The type, size and design of structures, if appropriate;

15.

General landscape treatment;

16.

Existing and proposed locations of public utilities and easements;

17.

Any additional information which may be requested by the city administrator or planning commission.

C.

Review by the Planning Commission. The planning commission may give preliminary approval or disapproval of preliminary development plans, or require the applicant to conform to certain conditions of approval.

D.

Rezoning. Review and approval of rezoning subject to public hearing by the planning commission.

E.

Final Development Plans. Approval of the final development plans shall be made by the common council, upon recommendation of the planning commission. The plan commission and council shall approve the PUD plan and developer's agreement and rezoning, subject to stated conditions, or disapprove the PUD overlay zoning.

(Ord. 1127 (part), 1998).

Any conditions deemed necessary by the common council shall be an integral part of the approval. These conditions shall be complied with by the applicant, his heirs or assigns, and any deviation or alteration of those conditions shall constitute a violation of these zoning regulations.

(Ord. 1127 (part), 1998).

Changes or deviations from plans not in substantial compliance with the final development plan shall only be allowed subject to approval by the planning commission and common council.

(Ord. 1127 (part), 1998).

If no substantial construction is begun or no use has been established in the planned unit development within the time indicated in the final development construction schedule, the approval for the final development plan shall lapse upon written notice to the applicant from the city administrator and shall be of no further effect. In its discretion, and for good cause, the common council may extend for a reasonable time, not to exceed two years, the period for beginning construction. Failure to commence construction shall be grounds for rezoning the property to eliminate the PUD overlay district designation.

(Ord. 1127 (part), 1998).

Final approval of the PUD does not constitute approval for the construction of individual buildings or structures in the development. Separate approval shall be required upon application for building permits.

(Ord. 1127 (part), 1998).

A.

Tourist Rooming Houses (TRH). Places of lodging, other than commercial indoor lodging, boarding houses, or bed and breakfast establishments, in which sleeping accommodations are offered for pay to tourists or transients for short-term stays.

B.

Tourist or Transient. A person who travels to a location away from his or her permanent address for a short period of time, not to exceed thirty days for vacation, pleasure, recreation, culture, business or employment.

C.

Short-Term Stay. A period of thirty days or less.

D.

Operator. A person who is the owner or lessee of property being used as a TRH and who is conducting the TRH business, among other things, interacting digitally and in person with guests and is identified in the TRH listing and advertisements as the TRH "host."

(Ord. No. 1516, 7-12-2022)

All tourist rooming house operators must obtain an annual Tourist Rooming House Zoning License from the City of Ripon.

(Ord. No. 1516, 7-12-2022)

Tourism rooming houses are allowed licensure in the following zoning districts in the City of Ripon: R-1 Single-Family District, R-2 One- and Two-Family Residence District, R-3 Multiple-family, B-1 Central Business District, B-2 Highway Business District, and B-3 Neighborhood Business District.

(Ord. No. 1516, 7-12-2022)

A.

An operator must hold the following non-expired license from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) or Fond du Lac County for a tourist rooming house.

B.

Maximum Days of Operation per Year. Tourist rooming houses rented for a total of one hundred eighty days or less within any consecutive three hundred sixty-five-day period shall be required to obtain a Tourist Rooming House Zoning License. Tourist rooming houses rented for one hundred eighty-one days or more within a consecutive three hundred sixty-five-day period shall be required to obtain a Tourist Rooming House Zoning License and a conditional use permit from the plan commission.

C.

Minimum Rental Period. Tourist rooming houses must be rented to tourist or transients for a minimum of two days.

D.

Sale of Alcohol. The sale of alcoholic beverages of any kind is prohibited on the premises.

E.

Minimum Required Parking. With the exception tourist rooming houses located in the B-1 Central Business District, all tourist rooming houses must have at least one off-street parking space for every two adult guests.

F.

Records. Each operator shall keep a list of names of all persons staying at the tourist rooming house. This list shall be kept on file for a period of one year. Each operator shall keep an accounting of all tourist rooming house lodging transactions for the purpose of confirming room tax payments. All transactions shall be kept on file for the license period. Such records shall be filed annually with the city with the Tourist Rooming House Zoning License application and available for inspection by city officials at any time.

(Ord. No. 1516, 7-12-2022)