Regulations for uses and structures specified in this section shall apply to such uses and structures whether permitted by "right" or by special exception in any district. Applications for a special exception shall be reviewed by the plan commission as specified in article IX.

(a)

Intent. The intent of the planned unit development regulations is to encourage 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, structures, and heights of structure; to encourage the preservation of open space; and to encourage more rational, economic development with respect to the provisions of public services.

(b)

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

(c)

Location requirements. All planned unit developments must use direct access to major 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, unless the developer agrees to offset the added public expense. PUDs must also be approximately related to the existing and probably future urban growth patterns as specified in the Seymour Comprehensive Plan.

(d)

Unified control. All land included for development, as a PUD shall be under the legal control of the applicant, whether that applicant is an individual, partnership, or corporation or group of individuals, partnerships or corporations. Applicants requesting approval of a PUD shall present firm evidence of unified control of the entire area within the proposed PUD together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations.

The applicant shall state agreement to (1) proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the special exception for PUD; (2) provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the approved plans, and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense, and (3) bind their successors in title to any commitments made under a, b and c preceding. All such agreements and evidence of unified control shall be examined by the city attorney and no PUD shall be approved without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations.

(e)

Types. This division contemplates that there may be residential and mixed compatible use developments.

(1)

Residential PUD. Any use permitted by the R-3 district.

a.

Minimum total area required for residential PUD, three acres.

(2)

Mixed compatible use PUD to include contractor shops, contractor storage and personal storage (no industrial use).

a.

Minimum total area required for mixed compatible PUD, four acres.

(f)

General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the district in which it is located.

(g)

Area and density requirements. A tract of land proposed for development, as a planned unit development shall contain a minimum area of three acres for a residential PUD and four aces for a mixed compatible PUD and a maximum density in accordance with the following table:

(h)

Lot area, lot width, heights, yard and off-street parking requirements. Subject to the excepted requirements in this subsection, in the proposed PUD district, there shall be no specific lot area, lot width, height, floor area ratio, yard or off-street parking requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced as a part of this chapter. Excepted requirements shall be as follows:

(1)

Height limitations. In no case shall any structure exceed two stories.

(2)

Density. The maximum dwelling unit density shall be 20 dwelling units per gross acre.

(i)

Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted subject to the criteria as established in subsection (o) procedures for approving planned unit developments, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.

(j)

Conditional uses. Any use allowed only as a conditional use in any of the other districts of this chapter may be permitted subject to the criteria as established in subsection (o) procedures for approving planned unit developments, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of the chapter.

(k)

Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court or other area dedicated to public and private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street.

(l)

Mixed use PUD considerations. The plan commission, and city council, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:

(1)

The proposed mixture of uses produces a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.

(2)

The various types of uses conform to the general requirements as set forth in this division, applicable to projects of such use and character.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(m)

Common open space requirements. There shall be a minimum open space requirement of 25 percent of the total gross acreage of the tract. Street rights-of-way, driveways, parking areas, and yards shall not be included in determining usable open space. Common open space areas shall be subject to the conditions for such areas as specified in section 78-107.

Land designated as usable open space will be restricted by appropriate legal instrument satisfactory to the city attorney as open space perpetually or for a period of not less than 99 years. Such instrument shall be binding upon the developer, his successors and assigns, and shall constitute a covenant running with the land, and be in recordable form.

(n)

Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned unit development, but precise standards satisfactory to the planning committee shall be made a part of the approved plan and shall be enforceable as a part of this chapter.

(o)

Procedures for approving planned unit developments. Approval of a planned unit development is subject to the following conditions:

(1)

Pre-application conference. Prior to initiating a request for a special permit, a pre-application conference with the city plan commission is required. The purpose of such a pre-application conference shall be to assist in bringing the overall proposal as nearly as possible into conformity with section 78.10 Site Plan Regulations or other regulations applying generally to the property involved and to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.

(2)

Application and filing fee. Application with required supporting data should be filed with the city clerk. The filing fee shall be reviewed annually by city council with fee set by resolution.

(3)

Concept plan. A concept plan shall accompany the application and shall contain the following information.

a.

The title of the project and the names of the professional project planner and the developer.

b.

Scale, date, north arrow and general location map.

c.

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

d.

Masterplan locations and the acreage's of each component thereof of the different uses, proposed dwelling types, open space designations, and recreation facilities, and other permitted uses, and off-street parking locations.

e.

Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic.

f.

Tabulations of total gross acreage in the development, and the percentage thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, open spaces, streets, parks, schools, and other reservations. Tabulations of projected density shall be computed by deducting gross acreage used for nonresidential purposes other than open space recreation uses.

g.

Architectural drawings and sketches illustrating the design and character of the various structures proposed in the development.

h.

Deed restrictions and other documents pertaining to the improvement, operation, and maintenance of common areas in the development.

i.

In addition, the plan commission may require additional material such as plans, maps, studies and reports which may be needed in order to make the necessary findings and determinations that the applicable standards and guidelines have been complied with.

(4)

Plan commission findings and recommendations. After conducting necessary conferences the plan commission may recommend to the city council that the special permit for a PUD be granted, subject to stated stipulations and conditions, or disapproved. In making its recommendations, the plan commission shall find that the plans, maps and documents submitted by the applicant have met the requirements of these regulations.

(5)

Binding nature of approval. All terms, conditions, safeguards and stipulations made at the time of approval of the PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition or safeguard shall constitute a violation of these zoning regulations.

(6)

Preliminary and final development plans. Plans for development of land approved for PUD shall be processed in accordance with the standard subdivision review procedures established by the City of Seymour including section 78.10 Site Plan Regulations. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development. The preliminary plan required and submitted shall be in substantial compliance with the concept plan. In addition to the requirements of the City of Seymour for reviewing subdivision plats, the following information shall be provided.

a.

Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required.

b.

Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.

c.

Fence, wall and planting screens location, heights, and materials.

d.

Tabulations analyzing the number of total gross acres in the project and the percentage thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking, streets, open spaces, recreation areas, parks, schools and other reservations.

e.

Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.

f.

In addition to the plat certificates required when reviewing standard subdivision plats, and prior to recording a final plat, the developer shall file, as specified at the time of granting the special permit, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities, including streets, drives, parking areas, and open space and recreation facilities; or shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the approval of the city attorney.

(7)

Changes in plans. Changes in plans not in substantial compliance with the site and development plan may be permitted by the city council after recommendation by the plan commission, provided an application indicating such changes is submitted by the developer or his successors in interest, and provided it is found that any such changes are in accordance with all regulations in effect when the changes are requested. Changes other than those indicated shall be processed as for a new application for a PUD.

(8)

Deviations from approved plans. Deviations from the approved plans or failure to comply with any requirement, condition or safeguard imposed by the city council during approval or platting procedure shall constitute a violation of the city zoning ordinance.

(9)

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

(Ord. No. 2022-106, 4-25-2022)

(a)

Intent. It is the intent of this chapter to provide for commercial recreational uses as interim uses in those areas where development has not yet been established and until such time as development is established.

(b)

Location and area. Location shall be appropriate to any existing development and development which may reasonably be expected within the time period specified. The site shall be located so as not to create or be exposed to traffic hazards. The site shall consist of a minimum of one acre with a minimum street frontage of 200 feet.

(c)

Character of use. Permitted recreational uses shall include putting greens, skating facilities, sledding facilities, camps and the like, operated as a non-profit or commercial enterprise.

(d)

Operation. Sufficient off-street parking and loading shall be provided so that no public street shall be used for either parking or loading. No portion of any off-street parking or loading areas shall be within 25 feet of any public street right-of-way. Each use shall be permitted one identification sign (limited to 15 square feet in area) and no such sign shall be erected within 25 feet of any side or rear property line.

(e)

Time limitations. No special exception shall be issued for a period exceeding four years. Upon expiration of the initial time period, the applicant may request extensions on an annual basis thereafter unless changing conditions indicate the extension will be detrimental to the public interest. Any extension may involve additional conditions, If such an extension is denied to the applicant, any improvements, buildings or structures may be required to be removed within nine months of the date of, denial. A performance bond covering the cost of removal of improvements, buildings and structures may be required as a condition of the special exception.

(a)

Intent. It is the intent of this chapter to give special treatment to large scale commercial development, and to ensure that the character of these developments are appropriate to the surrounding neighborhood and that conditions and safeguards shall be established to assure, insofar as possible, that the development will protect and enhance the value of surrounding property, in addition to achieving other public purposes. In addition to the requirements specified herein, all commercial uses in the planned shopping center shall be subject to the accessory use and structure, height and loading requirements of the CH district. The planned shopping center tract shall be subject to the yard and landscaping requirements of the CH district.

(b)

Access. Vehicular access shall be only from arterial or collector streets. Pedestrian access may be permitted at any location on the site. Turn out lanes and merger lanes may be required with length and width as appropriate to flow of traffic, and traffic separation devices may be required at entrance and exits and along merging lanes. No entrance or exit shall run through any part of a required landscaped yard adjacent to a residential district.

(c)

Parking. One off-street parking space shall be provided for each 200 square feet of floor area in buildings. All off-street parking and loading spaces shall be so located and designed as to provide safe and convenient circulation on the premises and from adjacent streets.

(d)

Signs.

(1)

One general identification sign structure bearing one sign limited to 200 square feet in area if mounted approximately parallel to the right-of-way or two signs limited to 100 square feet in area if mounted back to back or angled to be read from opposite directions, for each frontage of the tract on an arterial or collector street. Such signs shall not be erected within any required landscaped area.

(2)

Signs on buildings within the center may be erected as follows: For each ten lineal feet of buildings fronting on public parking areas, and for each 20 lineal feet of building not fronting on such areas but adjacent to and visible from them, a maximum of one sign and 35 square feet of sign area shall be permitted. Such signs shall refer only to the name and nature of the business conducted in the building, and to goods and services offered, and shall be mounted flat against the wall or window of the building. Insofar as reasonably feasible, such signs shall be oriented away from surrounding residential areas.

(3)

For each 100 lineal feet of frontage on a public street (frontage being determined by the principal entrance to the premises), a maximum of one sign and 30 square feet of sign area. The sign area may be used in a fewer number of signs than permitted, but the maximum number of signs shall not be exceeded even though the total area permitted is not used. Minimum distance between detached signs shall be 100 feet. Any leasee applying for a permit for a new sign shall provide a letter of approval from the owner with the application.

(Ord. No. 2012-101, 2-27-2012)

Editor's note— Ord. No. 2004-103, adopted March 8, 2004, abolished the former general commercial/industrial district and industrial district and created the general commercial-industrial district. Therefore, § 78-135 which pertained to industrial development, has been repealed. Former § 78-135 derived from Ord. No. 88-102, § I, adopted June 27, 1988. See now § 78-68 pertaining to the GC-I general commercial-industrial district.

(a)

Regulations.

(1)

Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and comply with chapter HSS 197, Wis. Adm. Code, relating to bed and breakfast establishments or Wisconsin Administrative Code HSS 195 relating to hotels, motels and tourist rooming houses.

(2)

Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before being assigned quarters. The register shall be kept intact and available for inspection by a city representative for a period of not less than one year.

(b)

Permit required.

(1)

City permit required. In addition to the permit required by Chapters HSS 195 or HSS 197, Wisconsin Administrative Code, before opening for business every bed and breakfast establishment shall obtain a special exception permit pursuant to this article.

(2)

Application requirements. The following is required to be furnished at the time an application is filed for a special exception permit in addition to the other application requirements of this article.

a.

Site plan showing location and size of buildings, parking areas and signs.

b.

Number, surfacing and size of parking stalls.

c.

Number, size and lighting of signs.

(3)

Display of permit. The permit issued by the city clerk shall be conspicuously displayed in the bed and breakfast establishment

(c)

Off-street parking required. Permits shall be issued only to those establishments that proved a minimum of one improved off-street parking space for each room offered for occupancy, plus two additional parking spaces for the owner. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the other requirements of the zoning code with respect to traffic, parking and access.

(d)

On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this zoning code with respect to signs.

(e)

Finding of fact. Bed and breakfast establishments are allowed as a special exception in residential and commercial districts provided a public hearing is held by the plan commission resulting in a finding that

(1)

The proposed bed and breakfast establishment will not be injurious to the neighborhood or detrimental to the public welfare.

(2)

Traffic conditions in the neighborhood will not be adversely impacted by access to the property, traffic generated by the use or any other aspects of the proposal.

(3)

The standards of this section and other applicable city ordinances are compiled with.

(f)

Protest. In the event that a duly signed and acknowledged protest is filed by 20 percent or more of the owners of the area immediately adjacent to the proposed use extending 100 feet, therefrom, or by the owners of 20 percent or more of the land directly opposite thereto and extending 100 feet from the street frontage of such opposite land, the special exception shall not be permitted except by favorable vote of three-fourths of the members of the plan commission.

(g)

Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (c) above shall be valid until terminated by action of the zoning administrator for violation of the provisions of the city ordinance, or of State of Wisconsin regulations as set forth in chapter HSS 195 or chapter HSS 197, Wis. Adm. Code, or if the use ceases for 12 months, or as above provided.

(a)

Regulations.

(1)

Registry. Each boarding house establishment shall provide a register and require all guests to register their true names and addresses before being assigned quarters. The register shall be kept intact and available for inspection by a city representative for a period of not less than one year.

(2)

Occupancy. The maximum occupancy per rented room in any boarding house is two persons.

(b)

Permit required.

(1)

City permit required. Before opening for business, every boarding house establishment shall obtain a special exception permit pursuant to this article.

(2)

Application requirements. The following is required to be furnished as the time an application is filed for a special exception permit in addition to the other application requirements of this article.

a.

Site plan showing location and size of buildings, parking areas and signs.

b.

Number, surfacing and size of parking stalls.

c.

Number and size of signs.

(c)

License required.

(1)

City license required. Before opening for business, every boarding house establishment shall obtain a boarding house license pursuant to chapter 46.

(2)

Application requirements. The information required to be furnished with a license application shall be the same as the required for a special exception permit.

(3)

Display of license. The license issued by the city clerk shall be conspicuously displayed in the boarding house establishment.

(d)

Off-street parking required. Permits shall be issued only to those establishments that proved a minimum of one improved off-street parking space for each room offered for occupancy/ plus two additional parking spaces for the owner. The plan commission shall review and approve the parking plan as part of the special exception.

(e)

On-site signs. Total signage shall be limited to a total of six square feet and may not be lighted. Establishments otherwise qualifying under this section regulating boarding house establishments shall not be subject to the requirements of this zoning code with respect to signs.

(f)

Finding of fact. Boarding house establishments are allowed as a special exception in residential and commercial districts provided a public hearing is held by the plan commission resulting in a finding that

(1)

The proposed boarding house establishment will not be injurious to the neighborhood or detrimental to the public welfare.

(2)

Traffic conditions in the neighborhood will not be adversely impacted by access to the property, traffic generated by the use or any other aspects of the proposal.

(3)

The standards of this section and other applicable city ordinances are compiled with.

(g)

Protest. In the event that a duly signed and acknowledged protest is filed by 20 percent or more of the owners of the area immediately adjacent to the proposed use extending 100 feet, therefrom, or by the owners of 20 percent or more of the land directly opposite thereto and extending 100 feet from the street frontage of such opposite land, the special exception shall not be permitted except by favorable vote of three-fourths of the members of the plan commission.

(h)

Termination of permit. A boarding house use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (c) above shall be valid until terminated by action of the zoning administrator for violation of the provisions of the city ordinance, or if the use ceases for 12 months, or as above provided.