For the purpose of this chapter, the city is hereby divided into the following zoning districts:

R-1 Single-family residential district

R-2 One- and two-family residential district

R-3 Multifamily residential district

R-4 Manufactured home residential district

R-5 Mobile home district

R-6 Zero lot line district

B Business district

B-1 Office business district

B-2 Highway district

M-1 Limited industrial district

M-2 General industrial district

M-3 Highway industrial district

A-1 Agricultural district

C-1 Conservancy district

I Institutional district

(1)

Boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, City of Tomah," initial date July 1979, which accompanies and is a part of this chapter. Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended, unless otherwise noted on the zoning map.

(2)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(3)

Annexations to or consolidations with the city subsequent to the effective date of the ordinance from which this chapter is derived shall be placed in the A-1 agricultural district, unless the annexation provisions temporarily place the land in another district. Within one year the plan commission shall evaluate and recommend a permanent district classification to the city council.

(Code 1993, § 17.20)

(a)

Adopted. A certified copy of the zoning map shall be adopted and approved with the text as a part of this chapter and shall bear upon its face the attestation of the mayor and city clerk and shall be available for review by the public in the office of the city clerk.

(b)

Map amendments. The official zoning map of the city shall be amended by resolution adopted by the common council after a public hearing pursuant to Wis. Stats. § 62.23(6)(c).

(Code 1993, § 17.21)

(a)

R-1 single-family residential district.

(1)

Established. The R-1 district is established to delineate areas now developed with one-family detached dwellings and to delineate adjoining areas presently undeveloped or in agricultural usage likely to be developed for single-family use.

(2)

Principal use. One-family dwellings except manufactured homes. Manufactured homes are permitted in the R-4 and R-5 districts only.

(3)

Conditional uses. Home or office occupation, government and cultural, utilities and R-2 one- and two-family residential district.

(4)

Lot, building, yards. See schedule of regulations, section 52-40.

(b)

R-2 one- and two-family residential district.

(1)

Established. The R-2 district is established to delineate certain areas of land, both developed and undeveloped, with peculiar characteristics, such as presently existing one- and two-unit dwellings, proximity to commercial development or proximity to major streets and because of a probable continued demand for such dwelling accommodations which are well-designed, pleasant places in which to live.

(2)

Principal uses. One- and two-family dwellings, zero lot line dwellings, and all uses permitted in the R-1 district.

(3)

Conditional uses. Public and quasi-public uses, planned residential developments, noncommercial meeting halls, nursing homes, home occupations, professional home offices, recreational uses and multifamily dwellings.

(4)

Lots, buildings, yards. See schedule of regulations, section 52-40.

(c)

R-3 multifamily residential district.

(1)

Established. The R-3 district is established to delineate certain areas of land, both developed and undeveloped, with peculiar characteristics, such as existing high-density dwelling units, proximity to commercial developments or proximity to major streets and because of a probable continued demand for such dwelling accommodations which are well-designed, pleasant places to live.

(2)

Principal uses. Multifamily dwellings and all uses permitted in the R-1 and R-2 districts.

(3)

Conditional uses. Public and quasi-public uses, planned residential development, noncommercial meeting halls, nursing homes, home occupations, recreational uses and multifamily dwellings.

(4)

Lots, buildings, yards. See schedule of regulations, section 52-40.

(d)

R-4 manufactured home residential district.

(1)

Established. The R-4 district is established to delineate certain areas of land presently undeveloped for manufactured homes for single-family occupancy.

(2)

Principal use. One-family dwellings.

(3)

Conditional uses. Government and cultural utilities and transportation uses.

(4)

Standards of district. The following standards shall be required of every district for manufactured homes.

a.

All lots, buildings, accessory buildings and yards shall comply with all requirements of the R-1 district.

b.

An R-4 district shall not be less than ten acres in area, including streets, parks, playgrounds and any other land dedicated to public use.

c.

All units shall be installed on a raised concrete or masonry foundation no less than one foot above ground level. All excavation footings and foundations shall meet standards established by the department of industry, labor and human relations for one-family dwellings. Each unit shall be permanently anchored to the foundation.

d.

All plans and specifications shall be filed and approved by the building inspector.

e.

All roads and streets within the district shall be a minimum width of 60 feet and paved. Layout and construction of the roads and streets shall be approved by the director of public works.

f.

The outer boundaries of an R-4 district shall contain a landscaped buffer zone. This buffer zone shall consist of a greenbelt strip not less than 15 feet in width located along all development boundaries. The buffer zone shall be composed of coniferous trees and shrubs.

g.

The hitch, axle and wheel of the manufactured home shall be removed.

h.

The foundation and dwelling shall be built to meet the floodplain requirements.

(e)

R-5 mobile home park district.

(1)

Definitions. The provisions of Wis. Stats. § 66.0435 and the definitions therein are hereby adopted by reference and incorporated herein. In addition, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Campground means the same as Trailer camp.

Trailer camp means any park, court, camp, site, plot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for more than two trailers and shall include all buildings or intended for use as part of the equipment thereof, whether or not a charge is made for the use of the trailer camp and its facilities. The term "trailer camp" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

(2)

License required. No person shall operate or maintain or offer for public use within the city any mobile home park or campground without first applying for and receiving from the city council a license to do so or without complying with the regulations contained herein.

(3)

Application. Every applicant for a license to maintain a mobile home park or campground shall file with the council a written application stating the name and address of the applicant, location of the park or campground, name of the owner, proprietor or manager of the campground and the dimensions of the campground. The application shall also state the actual or proposed sanitary facilities, maximum number of trailers that the park or campground will accommodate and such additional information as the council shall require. The applicant shall also file with his application a plat of the park or campground showing the location and proposed arrangement of trailers to be placed thereon and showing the location of streets, the location of toilets, showers or baths and all other sanitary facilities.

(4)

Fees.

a.

There is hereby imposed on each occupied, nonexempt mobile home located in the city a monthly parking fee as determined in accordance with Wis. Stats. § 66.0435. Such fees shall be paid to the city treasurer on or before the tenth day of the month following the month for which such fees are due.

b.

No person shall establish or operate upon property owned or controlled by him within the city a mobile home park without having first secured a license therefor from the city clerk. Such parks shall comply with Wis. Admin. Code ch. HSS 177, which is hereby adopted by reference and incorporated herein.

c.

Licensees of mobile home parks and owners of land on which are parked any occupied, nonexempt mobile homes shall furnish information on such homes added to their park or land within five days after arrival of such home to the city clerk, on forms furnished by the city clerk in accordance with Wis. Stats. § 66.0435.

d.

Occupants or owners of nonexempt mobile homes parked within the city limits shall remit such fees directly to the city treasurer as provided in Wis. Stats. § 66.0435, as amended.

e.

Fees for licenses for campgrounds, camping resorts and recreational and educational camps shall be assessed by the city pursuant to the provisions of Wis. Stats. § 140.05(17). Such facilities shall comply with Wis. Admin. Code chs. HSS 177 and 178, which are hereby adopted by reference and incorporated herein.

(5)

Health officer to inspect premises. Before any license shall be granted, the health officer shall make or cause to be made an inspection of the premises for which a license has been applied for in order to determine whether the requirements of this section have or will be met by the applicant and no such license shall be granted until such inspection has been made. No license shall be granted for any land within the fire limits of the city. Annual inspections shall be made prior to the issuance of each license along with follow-up inspections to enforce corrections.

(6)

Trailer camp standards. The following shall be required of every campground:

a.

Every campground shall be located on a well-drained area which shall be sufficient in size to accommodate the number of trailers specified as the maximum number in the application. The owner or operator of the campground shall not offer to accommodate more trailers than the number of capacity of the camp.

b.

An adequate supply of pure water for drinking and domestic purposes shall be available. There shall be provided in every campground adequate toilets connected with the city sewers for each sex. The minimum requirements shall be one toilet for each sex for every ten trailers, with urinals for males and one shower for each sex for every ten trailers.

c.

Every campground shall be provided with a sufficient number of metal receptacles with close fitting metal covers for garbage and also suitable receptacles for other refuse. These receptacles shall at all times be maintained in a clean and sanitary condition.

d.

Every campground shall be provided with means of lighting the same at night and all toilets and bath units shall be provided with sufficient lighting facilities so as to be safe and available for use at all times.

e.

Every campground shall be equipped with at least one slop sink properly connected with the city sewer system.

f.

Every campground shall be located so as to appear attractive, and the city may at any time require that any camp be screened by hedges or in some other suitable manner.

(7)

Camp maintenance. Every person owning or operating a campground shall maintain all toilets, baths or other permanent equipment in a state of good repair. The health officer shall enforce all the provisions of this section and for the purpose of securing enforcement thereof, the health officer, any member of the council or any other authorized representative of the city shall have the right and is hereby empowered to enter upon the premises of any campground now operating or which may be hereafter operated within the city to inspect the same and all accommodations connected therewith.

(8)

Revocation of license. Any license granted hereunder shall be subject to revocation or suspension by the city council as provided in this subsection.

a.

A notice shall be served on the person holding the license, specifying where he has failed to comply with this subsection and requiring him to appear before the council or a committee thereof at a day and hour therein specified, not less than ten days after the personal service of notice on such license holder, requiring him to show cause at such time and place why the license should not be revoked or suspended.

b.

At the time and place mentioned in the notice, the person holding the license shall have the right to appear in person or by counsel to introduce such evidence as he may desire, and the health officer shall confront the licensee with any charges that the city may have against him. After such hearing, the city council may, at its discretion, revoke or suspend the license.

(9)

Register. Each owner or operator of a trailer camp shall keep a register of all guests, to be open at all times to inspection by city authorities, which shall show for all guests:

a.

Name and address.

b.

State of legal residence.

c.

Dates of entrance and departure.

d.

License number.

e.

Purpose of stay in camp.

f.

Place of employment.

(f)

R-6 zero lot line district.

(1)

Established. The R-6 district is established to delineate areas of land, both developed and undeveloped, where duplexes may be sold as single-family homes.

(2)

Principal uses. Single-family homes and duplexes.

(3)

Conditional uses. There shall be no conditional permits issued in this district.

(4)

Lot, building, yard. See schedule of regulations, section 52-40.

(5)

Standards of district. The following standards shall be required of every R-6 district:

a.

Each single-family home or unit of a duplex shall have its own water and sewer lateral.

b.

All plans and specifications shall be filed and approved by the building inspector.

c.

For duplexes sold as separate single-family homes, an appropriate agreement for any common walls shall be submitted to the city for review. Said agreement shall specifically provide for the maintenance of any common areas and facilities and include a procedure for the resolution of disputes regarding the maintenance of the structures and grounds. The agreement shall be signed and recorded with the county register of deeds as a covenant running with the land.

(Code 1993, § 17.22; Ord. No. 2007-09-08-C, § 2, 9-10-2007; Ord. No. 2015-05-05-D, § 1, 5-12-2015; Ord. No. 2020-10-13-D, § 2, 10-13-2020; Ord. No. 2024-08-14-D, § 1, 8-20-2024)

(a)

B business district.

(1)

Established. The B business district is established to delineate areas, both developed and undeveloped, where retail and limited wholesale trade establishments may exist. No use permitted in this district shall be dangerous, offensive or detrimental to the neighboring areas or residents by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, etc.

(2)

Principal uses. Dwelling units may be established on the second or higher floors of buildings whose principal use is business or commercial. All business establishments shall be retail or service, dealing directly with the general public or wholesale sales in small quantities as an adjunct to the primary retail business. All goods produced on the premises shall be sold at retail on the premises where produced. The parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this section, shall be limited to vehicles of not over 14,000 pounds gross vehicle weight when located within 50 feet of a residential district boundary line.

(3)

Permitted uses. The following uses are permitted in the B district: appliance dealers; art and school supply stores; automotive parts sales stores; automobile sales lots and show room lots, providing all vehicles will be in operative condition; antique shops; appliance stores; bakeries (retail); barbershops and beauty parlors; banks and other financial institutions; butcher shops; candy and ice cream stores; caterers; clothing and dry goods stores; clinics; clubs; cocktail lounges; drugstores and pharmacies; department stores; electrical supply stores (retail); food stores and supermarkets; foot lockers (retail); florist shops; fraternal organizations; furniture stores; funeral homes; hotels; inns; insurance agencies; jewelry stores; lumber yards; liquor stores; medical facilities and clinics; mini storage facilities; music stores; markets (fruit and vegetable); newsstands; opticians and optical supply stores; offices; paint and wallpaper stores; shoe stores; taverns; tourist information and hospitality centers; upholsterers; variety stores; veterinary clinics (small animal); and other uses similar to or customarily incidental to any of the above uses.

(4)

Conditional uses. Governmental and cultural uses, transportation uses, drive-in theaters, drive-in restaurants, motels, funeral homes, drive-in banks, vehicle repair and sales, maintenance garages, recreational uses, recycling areas (not to include salvage yards or can crushing) provided the same are more than 500 feet from a residential area and enclosed by fences as directed by the planning commission, and R-1, R-2 and R-3 dwellings. Light fabrication may be permitted as a conditional accessory use which is incidental to a permitted land use. Any building proposed for light fabrication use within 300 of an existing residential dwelling shall have a total floor area devoted to light fabrication activity not to exceed 15 percent of the total floor area of the principal building on the property, or 5,000 square feet, whichever is less. In all other cases the total floor are devoted to light fabrication activity shall not exceed 35 percent of the total floor area of the principal building on the property, or 15,000 square feet, whichever is less. Light fabrication activities must be wholly contacted indoors and products fabricated must be sold on-site as part of the existing commercial business. The light fabrication area shall be physically separated by a wall from other activity areas and shall meet the performance standards of section 52-208. Light fabrication is defined as fabrication, manufacturing, assembly or processing of materials that are in already processed form. Light fabrication shall be characterized as lower in intensity, cleaner, and generally more compatible when located adjacent to commercial areas than are heavy manufacturing uses. Light fabrication as an accessory conditional use is intended to permit only those light industrial and other uses that will not generate excessive noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation and other nuisance characteristics. Restricted industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as odors, vibrations, emissions, or other nuisance characteristics through prevention or mitigation devices and conduct of operations within the confines of buildings.

(5)

Fire or natural disaster. Any R-1, R-2, R-3 unit destroyed by fire or natural disaster shall be allowed to be replaced by the same type of unit.

(b)

B-1 office business district.

(1)

Established. The B-1 district is established to delineate areas where business offices may occur.

(2)

Principal uses. General business offices, dental clinics; medical clinics; insurance offices; hair salons; and any other uses similar to or customarily incidental to any of the above uses.

(3)

Conditional uses. All uses permitted in the B business district.

(4)

Lot, building, yard. See schedule of regulations, section 52-40.

(c)

B-2 highway business district.

(1)

Established. The B-2 district is established to delineate areas where highway oriented retail businesses may occur. Its object is to recognize the uniqueness of site location near major highways and to ensure that these sites are reserved for highway-oriented or travel-oriented businesses.

(2)

Principal uses. Highway/tourist oriented retail sales, such as restaurants, motels, automobile and truck service stations, repair garages, convenience food stores, specialty food or gift shops dealing in state-oriented or regional items, such as cheese and crafts. The above examples are by way of illustration and not limitation. Residential work quarters for business owners actually engaged in the principal permitted uses of the property are accessory uses and shall comply with the following provisions:

a.

The quarters shall be occupied by the owner of the property only, including immediate family members but not exceeding five persons.

b.

The quarters shall be not be rented, leased, and otherwise made available for compensation of any kind.

c.

The residential quarters component of the building shall not exceed 35 percent of the total gross floor area of the building.

d.

The quarters shall be located above or behind the work space so as to maintain the commercial function and appearance of the building. The business and residential quarters shall together appear as a commercial property as viewed from adjacent public streets.

e.

The residential quarters shall be physically separated from the commercial space in accordance with the city's building code and maintain a separate entrance located on the rear or side of the building.

f.

The storage, display or sales of goods and services shall not occur in the residential quarters.

g.

The quarters shall have a separate off-street parking area on the side or rear of the building consisting of no more than four vehicle stalls. Parking stalls shall be designated for private use.

h.

Accessory structures commonly found within residential zoning districts, which if constructed would give the appearance of a residential use on the property (e.g. swimming pools, etc.), shall not be permitted. Permitted accessory structures shall be limited to garages or storage sheds in accordance with the requirements for such structures within this zoning code. Accessory structures shall complement the primary building through the use of similar building materials and colors.

i.

Residential work quarters shall not be permitted within existing or planned business or industrial parks as identified in the City of Tomah Comprehensive Plan.

(3)

Existing residences. Existing residents shall comply with all the provisions of the R-1 district.

(4)

Conditional uses. Recycling areas (not to include salvage yards or can crushing), provided the same are more than 500 feet from a residential area and enclosed by a fence as directed by the planning commission.

(Code 1993, § 17.23; Ord. 2007-09-08-C, § 3, 9-10-2007; Ord. No. 2014-11-11-D, § 2, 11-18-2014; Ord. No. 2017-05-09-D, § 1, 5-9-2017; Ord. No. 2020-07-08-D, § 1, 7-14-2020; Ord. No. 2022-05-14-D, § 2, 5-17-2022)

(a)

M-1 limited industrial districts.

(1)

Established. By virtue of its location and because of the existing and proposed character of development within and around the area, present and anticipated accessibility of major transportation facilities and the availability of adequate utilities and other public services, the M-1 district is established.

(2)

Principal uses. Manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood; recycling areas (not to include salvage yards) provided any crushing and storage is inside a building or semi-trailer unit; manufacture, fabrication, processing and packaging of confections; cosmetics; electrical appliances; electronic devices; food, except cabbage, fish and fish products, meat and meat products and pea vining; instruments; jewelry; pharmaceuticals; tobacco; mini-storage facilities; and toiletries.

(3)

Conditional uses. Airports and airstrips, governmental and cultural, large animal hospital, disposal area, manufacture or use of certain toxic or hazardous chemicals or material, outside storage area and all business uses permitted or conditional in the B district.

(4)

Lot, building, yards. See schedule of regulations, section 52-40.

(b)

M-2 general industrial district.

(1)

Established. By virtue of its location and because of the present character or future development potential of the area, the M-2 district is established.

(2)

Principal uses. All M-1 industrial district principal uses plus freight yards and terminals, mini storage facilities, transshipment depots and all other manufacturing and processing uses, except those as conditional.

(3)

Conditional uses. Same as M-1 industrial district and also mineral extraction.

(4)

Lot, buildings, yard. See schedule of regulations, section 52-40.

(c)

M-3 highway industrial district.

(1)

Established. By virtue of its location and because of the existing and proposed character of development within and around the area, the M-3 district is established to encourage the continued development of industrial, warehousing and distribution facilities that are enhanced or dependent upon the high visibility from and access with interstate-type highways.

(2)

Principal uses. Final assembly of transportation vehicles or accessories, such as trailers, pickup toppers, cartop carriers or boats; the storage and distribution of transportation related products, such as auto accessories or truck maintenance equipment; truck service facilities, such as engine, transmission or trailer repair and truck washing facilities; trailer reloading and storage and in-transit and processing of materials; mini storage facilities; bonded warehouses or duty-free district warehouses and factory outlet shops for sale of items manufactured on the premises. The above examples are by way of illustration and not limitation.

(3)

Lot, buildings, yards. See schedule of regulations, section 52-40.

(Code 1993, § 17.24)

(a)

Principal uses of the A-1 agricultural district. Agriculture, dairying, floriculture, forestry, general farming, grazing, s, horticultural, livestock raising, nurseries, orchards, paddocks, pastures, stables, truck farming and viticulture. Farm dwellings for resident owners, managers and laborers actually engaged in the principal permitted uses are accessory uses and shall comply with all the provisions of the R-2 residential district.

(b)

Conditional uses. See article III of this chapter.

(c)

Farm, structure, yards. See schedule of regulations, section 52-40.

(Code 1993, § 17.25)

(a)

C-1 conservancy district created. This district is created to delineate areas intended for scenic, recreational, floodplain, unsuitable building soils, publicly owned lands or lands unsuitable for other uses because of terrain, slope, soil, water table or location. Such areas are frequently along natural watercourses, channels, streams and creeks and lakes.

(b)

Principal uses. The following uses shall be permitted in the C-1 district: extended outdoor recreation, forestry, golf courses, wildlife management, nature preserves and reservations, outdoor playground equipment, outdoor swimming pools and related structures; picnicking and camping and related structures; public open lands and public exposition and recreational buildings.

(c)

Conditional uses. Communications and radio towers, utility lines or other uses that do not alter the essentially open or natural character of the land, outdoor rifle, trap, skeet or archery ranges and associated structures, golf driving ranges.

(d)

Claiming of floodplain land. Any land designated as part of the conservancy district in this chapter solely because it is located within an area designated by the city, department of natural resources, Federal Insurance Administration or other agency as floodplain or flood hazard may be subject to considerations for rezoning by the city planning commission. All filing, draining, construction of levees or other alterations intended to eliminate or reduce the danger of flood or erosion shall be subject to the review of the city planning commission, department of natural resources and other appropriate agencies. Rezoning of such parcels by the city council shall be contingent upon approval by the appropriate state or federal agencies.

(Code 1993, § 17.26)

(a)

Created. The institutional district is created to acknowledge that certain areas of the city are unique.

(b)

Principal uses. Hospital, health care, cultural schools, city-owned nonrecreation properties, county, state and federally owned properties, churches. Necessary shops, garages, etc., to provide essential maintenance to buildings, grounds and equipment.

(c)

Lot, buildings, setback. See schedule of regulations, section 52-40.

(Code 1993, § 17.27; Ord. No. 2007-09-08-C, § 4, 9-10-2007)

Following is the schedule of regulations as they apply to each zoning district.

SCHEDULE OF REGULATIONS

(a)

Shopping centers require a minimum of four acres, minimum frontage 300 feet, maximum height 35 feet, front yard 100 feet, rear 40 feet and side 40 feet.

(b)

Dwelling units not permitted except for watchman's/caretaker's quarters, not for rental.

(c)

Minimum side yard for street side of corner lot, 15 feet.

(d)

Minimum side or rear yard when abutting a residential district is 15 feet.

(e)

Minimum side or rear yard when abutting a residential district must be 50 feet.

(f)

Minimum side or rear yard when abutting a residential district must be 100 feet.

(g)

Accessory buildings must be placed in the rear yard or conform to the yard requirements of a principal building.

(h)

Front yards. On every lot in a residential district, and every existing residence in the business district, there shall be a front yard having a depth of not less than 25 feet, provided that: Where lots comprising 40 percent or more of the frontage on one side of a block are developed with buildings, the required front yard depth shall be the average of the front yard depths of the two adjacent main buildings, or if there is only one adjacent main building, the front yard depth of said main building shall govern but shall not be less than ten feet in any case; provided further that this regulation shall not be so interpreted as to require a front yard depth of more than 25 feet in any case.

(i)

Rear yards. On every lot in a residential district and every existing residence in the business district there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot, provided such rear yard shall not in any case be less than 15 feet in depth.

(j)

Zero feet on side of common wall with adjacent structure. Opposite interior side-yard setback shall be ten feet.

(k)

All structures exceeding three floor levels or a height above grade of 45 feet shall require approval from the City of Tomah Fire Department.

(Ord. No. 2008-07-08-D, §§ 4, 5, 7-8-2008; Ord. No. 2014-04-06-D, § 1, 4-8-2014; Ord. No. 2020-10-13-D, § 3, 10-13-2020; Ord. No. 2021-12-11-D, § 1, 12-21-2021; Ord. No. 2024-04-05-D, § 1, 4-16-2024)

(a)

Purpose. The planned unit development district is established to allow for variation from the use, bulk, and dimensional standards defined by other zoning districts when an area of land is developed as a cohesive unit, while insuring substantial compliance to the basic intent of the zoning ordinance and adopted plans. This section defines the process by which unique standards can be established for each planned unit development.

(b)

Uses. Any use permitted by right or as a conditional grant in any of the other districts of this zoning code may be permitted in the planned unit development district, provided however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions established by this section.

(c)

Lot size, yard, and bulk regulations. In the planned unit development district, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, 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 section.

(d)

Signs. Signs may be provided in accordance with Article V of this zoning code and such requirements as are made a part of an approved recorded precise development plan.

(e)

Off-street parking and loading. In the planned unit development district, off-street parking facilities shall be provided in accordance with Article IV of this zoning code and such requirements as are made a part of an approved recorded precise development plan.

(f)

Procedure.

(1)

The procedure for rezoning to a planned unit development district shall be as required for any other zoning map amendment under this Code, except that in addition thereto the rezoning may only be considered in conjunction with a general development plan and shall be subject to the following additional requirements.

(2)

Preapplication conference.

a.

A developer desiring to obtain zoning to construct a planned unit development may request a preapplication conference with the planning commission prior to submitting an application for the zoning.

b.

The purpose of this preapplication conference shall be to familiarize both the developer and the planning commission with each other's intentions with respect to the planned unit development. Although a preapplication conference shall not be required, this preliminary meeting between the planning commission and the developer is desirable since it should help clarify many procedural and policy issues.

c.

The developer shall not be required to present any written or graphic materials at the preapplication conference. The planning commission cannot approve zoning at the preapplication conference.

(3)

General development plan. A general development plan application shall be submitted with the rezoning petition and shall include, but not be limited to, the following written and graphic materials.

a.

Written materials:

i.

Legal description of the total development parcel proposed for development, including exact location and a statement of present and proposed ownership.

ii.

Statement of development concept, including the planning objectives and the character of the development to be achieved through the planned unit development.

iii.

Development schedule indicating the appropriate date when construction of the planned unit development can be expected to begin and to be completed, including initiation and completion dates of separate stages of a phased development.

iv.

Statement of intentions regarding the future selling or leasing of all or portions of the planned unit development, such as land areas, dwelling units and public facilities.

v.

The impact of the development on existing city services outside the development.

b.

Quantitative data:

i.

Parcel size.

ii.

Proposed lot coverage of structures.

iii.

Total amount of usable open space, both private and public.

iv.

Total number and type of dwelling units by number of bedrooms.

v.

Approximate gross residential densities.

vi.

Number of parking spaces to be provided.

vii.

Total length of streets to be conveyed to the city government.

viii.

Total length of streets to be held as private ways within the development.

ix.

Description of type of other public works to be conveyed to the city government.

x.

Number and types of public facilities.

c.

Graphic materials:

i.

Map of existing site conditions, including contours, watercourses, floodplains, unique natural features, existing vegetation and existing buildings.

ii.

Existing and proposed lot lines.

iii.

Location and size of gross floor area of all existing and proposed buildings, structures and other improvements, including maximum heights and types of dwelling units.

iv.

Location and size in square feet of all usable open space and areas to be conveyed, dedicated or reserved as common open spaces and recreation areas.

v.

The existing and proposed circulation, including off-street parking areas, services areas, loading areas and all points of access to existing public rights-of-way.

v.

Proposed pedestrian circulation system.

vi.

Existing and proposed utility systems, including sanitary sewers, storm sewers, water and gas lines and utility easements.

(4)

Referral and hearing.

a.

The general development plan application shall be filed with the city zoning administrator, who after ascertaining it contains the information required by this chapter shall forward the application to the planning commission.

b.

Hearing requirement: As with any zoning map amendment, no such amendments shall be made without a hearing before the planning commission.

c.

Following public hearing the planning commission shall forward the general development plan petition to the city council, with a recommendation that the plan be approved as submitted, approved with modifications, or rejected.

d.

Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan, and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.

(5)

Criteria for approval of the general development plan. As a basis for determining the acceptability of a planned unit development district application, the following criteria shall be considered:

a.

Conforms to the adopted comprehensive plan for the portion of the city in which the planned unit development district is located.

b.

Provides benefits to the city which outweigh its adverse effects. In making this determination, the planning commission shall consider the following:

i.

Quality of site design, including integration of a variety of land uses, building types and densities, preservation of natural features, compatibility and adjacent land uses, provision and type of open spaces, and provision of other amenities designed to benefit the general public.

ii.

Traffic flow and safety.

iii.

Adequacy of utilities and other public works facilities.

c.

Implementation schedule. The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the city council, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

(6)

Specific implementation plan. A specific and detailed plan for implementation of all or a part of a proposed planned unit development district must be submitted within one year or longer if permitted by city council. If a specific implementation plan has not been submitted within said time, which the city council determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the planned unit development district shall be filed by the appropriate city official with the city zoning administrator for processing. The specific implementation plan shall be submitted to the city zoning administrator and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

a.

An accurate map of the area covered by the plan, including the relationship to the total general development plan.

b.

The pattern of public and private roads, driveways, walkways and parking facilities.

c.

Detailed lot layout and subdivision plan where required.

d.

The arrangement of building groups other than single family residences, and their architectural character.

e.

Sanitary sewer and water mains.

f.

Grading plan and storm drainage system.

g.

The location and treatment of open space areas and recreational or other special amenities.

h.

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

i.

General landscape treatment.

j.

Location of trash and garbage receptacles and type of screening.

k.

Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences and walls.

l.

A development schedule indicating:

i.

The approximate date when construction of the project can be expected to begin;

ii.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

iii.

The anticipated rate of development;

iv.

The approximate date when the development of each of the stages will be completed.

m.

Agreements, bylaws, provision or covenants which govern the organizational structure, use maintenance, and continued protection of the planned unit development and any of its common services, common open areas or other facilities.

n.

A final plat of the lands to be subdivided as part of the specific implementation plan, suitable for recording.

o.

Any other plans, documents or schedules requested by the city.

(7)

Approval of the specific implementation plan.

a.

Following a review of the specific implementation plan, the planning commission shall recommend to the city council that it be approved as submitted, approved with modifications or rejected.

b.

Upon receipt of the planning commission recommendations, the city council may approve the plan and authorize development to proceed accordingly or disapprove the plan and send it back to the planning commission for further negotiation with the developer.

c.

Any subsequent change or addition to the plans or use shall first be submitted for approval to the planning commission and, if in the opinion of the planning commission such change or addition constitutes a substantial alteration of the original plan, the procedure for a general development plan and PUD rezoning described in this section provided shall be required.

(Ord. No. 2014-11-11-D, § 3, 11-18-2014)

(a)

Purpose. This design overlay district in intended to guide the character, location, and quality of development within Downtown Tomah.

(b)

Jurisdiction. The Downtown Design Standards Handbook shall apply to all properties located in the City of Tomah Downtown Master Plan, Volume III Design Standards Handbook, Study Area (page 3), generally described as properties located in the area: South of Washington Street, north of Cameron Street, east of McLean Avenue, and west of Kilbourn Avenue; also including those properties south of Council Street, north of Holton Street, east of Kilbourn Avenue, and west of Woodard Avenue.

(c)

Design recommendations and standards. All land in the Downtown Design Standards Overlay District is subject to the design recommendations and standards specified in Volume III, Design Standards Handbook of the Downtown Master Plan for the City of Tomah adopted April 11, 2017 and as subsequently amended by the city council, attached hereto as if fully incorporated.

(d)

Interpretation. Where this district imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open space about structures, or greater areas or dimensions of sites than is imposed or required by an existing ordinance or another district, the regulations of this district shall govern.

(Ord. No. 2017-09-13-D, § 1, 9-12-2017)