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Watertown City Zoning Code

ARTICLE IV

- DISTRICTS

DIVISION 2. - AGRICULTURE/OPEN SPACE (A-1) DISTRICT[4]


Footnotes:
--- (4) ---

Editor's note— Ord. No. 239, § 1, adopted Dec. 10, 2002, amended div. 2 in its entirety to read as herein set out. Former div. 2, §§ 62-231—62-250, pertained to the same subject matter and derived from Ord. No. 193, § D(1.1—1.4) adopted Dec. 28, 1993.


DIVISION 3. - RURAL ESTATE RESIDENTIAL 1 (ER-1) DISTRICT[5]


Footnotes:
--- (5) ---

Editor's note— Ord. No. 401, §§ 2, 3, adopted June 27, 2017, added div. 3, §§ 62-236—62-245 and div. 4, §§ 62-246—62-250.5 as set out herein and renumbered former divs. 3—20 as divs. 5—22.


DIVISION 4. - SUBURBAN ESTATE RESIDENTIAL (ER-2) DISTRICT[6]


Footnotes:
--- (6) ---

Editor's note— Ord. No. 401, §§ 2, 3, adopted June 27, 2017, added div. 3, §§ 62-236—62-245 and div. 4, §§ 62-246—62-250.5 as set out herein and renumbered former divs. 3—20 as divs. 5—22.


DIVISION 5. - LOW DENSITY RESIDENCE (R-1) DISTRICT[7]


Footnotes:
--- (7) ---

Editor's note— Ord. No. 401, § 4, adopted June 27, 2017, renumbered div. 3 as div. 5.


DIVISION 6. - MEDIUM DENSITY RESIDENCE (R-2) DISTRICT[8]


Footnotes:
--- (8) ---

Editor's note— Ord. No. 401, § 4, adopted June 27, 2017, renumbered div. 4 as div. 6.


DIVISION 7. - HIGH DENSITY RESIDENCE (R-3) DISTRICT[9]


Footnotes:
--- (9) ---

Editor's note— Ord. No. 401, § 4, adopted June 27, 2017, renumbered div. 5 as div. 7.


DIVISION 8. - MANUFACTURED HOUSING RESIDENCE (R-4) DISTRICT[10]


Footnotes:
--- (10) ---

Editor's note— Ord. No. 401, § 4, adopted June 27, 2017, renumbered div. 6 as div. 8.


DIVISION 10. - LIMITED COMMERCE (C-1) DISTRICT[11]


Footnotes:
--- (11) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 9 as div. 10.


DIVISION 11. - GENERAL COMMERCE (C-2) DISTRICT[12]


Footnotes:
--- (12) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 10 as div. 11.


DIVISION 12. - DOWNTOWN-CENTRAL BUSINESS (C-3) DISTRICT[13]


Footnotes:
--- (13) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 11 as div. 12.


DIVISION 13. - LIGHT INDUSTRIAL (I-1) DISTRICT[14]


Footnotes:
--- (14) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 12 as div. 13.


DIVISION 14. - PARK/OPEN SPACE (P-1) DISTRICT[15]


Footnotes:
--- (15) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 13 as div. 14.


DIVISION 15. - PUBLIC FACILITIES (P-2) DISTRICT[16]


Footnotes:
--- (16) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 14 as div. 15.


DIVISION 16. - FLOODPLAIN DISTRICTS[17]


Footnotes:
--- (17) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 15 as div. 16.


DIVISION 17. - PLANNED UNIT DEVELOPMENT (PUD) DISTRICT[18]


Footnotes:
--- (18) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 16 as div. 17.


DIVISION 18. - PLANNED UNIT DEVELOPMENT - TUSCANY VILLAGE (PUD-TV)[19]


Footnotes:
--- (19) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 17 as div. 18.


DIVISION 19. - PLANNED UNIT DEVELOPMENT - RIVERPOINTE (PUD-RP)[20]


Footnotes:
--- (20) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 18 as div. 19.


DIVISION 20. - PLANNED UNIT DEVELOPMENT - FOREST HILLS ZONING (PUD-FH)[21]


Footnotes:
--- (21) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 19 as div. 20.


DIVISION 21. - PLANNED UNIT DEVELOPMENT - GENERAL RESIDENTIAL (PUD-GR)[22]


Footnotes:
--- (22) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 20 as div. 21.


DIVISION 22. - PLANNED UNIT DEVELOPMENT—BUSINESS PARK (BP)[23]


Footnotes:
--- (23) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 21 as div. 22.


DIVISION 23. - PLANNED UNIT DEVELOPMENT—WOODFIELD RESIDENTIAL (PUD-W)[24]


Footnotes:
--- (24) ---

Editor's note— Ord. No. 417, § 1, adopted Jan. 14, 2020, renumbered div. 22 as div. 23.


Sec. 62-211.- Zoning map/districts.

The city is hereby divided into classes of zoning districts as listed below and as shown on the official zoning map, which together with all the explanatory and supplemental matter thereon is hereby adopted by reference and declared to be a part of this chapter.

A-1 Agriculture/open space

R-1 Low density residence

R-2 Medium density residence

R-3 High density residence

R-4 Manufactured housing residence

C-1 Limited commerce

C-2 General commerce

C-3 Downtown central business district

I-1 Light industrial

P-1 Parks/open space

P-2 Public facilities

PUD Planned unit development

(Ord. No. 193, § C(8), 12-28-93; Ord. No. 235, § 2, 7-9-02)

Sec. 62-212. - Zone boundary interpretation.

The location and boundaries of each zoning district established by this chapter are as set forth in zoning district sections of this chapter or are shown on the official zoning map. Where uncertainty exists as to the boundaries as shown on the official zoning map, the following rules will apply:

(1)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following city limits and orderly annexation boundaries shall be construed as following such city limits and orderly annexation boundaries.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shore lines shall be construed to follow such shore lines; and in the event of a change in the shore line, the boundary shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, river canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the board of appeals shall interpret the district boundaries.

(8)

Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the board of appeals may permit, as a special exemption, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Ord. No. 193, § C(9), 12-28-93)

Sec. 62-213. - Table 1.

Table 1. Lot Requirements and Standards

Zoning
Districts
Principal
height
maximum
(feet)
Accessory
height
maximum
(feet)
Accessory
structure
maximum
lot area
Number of
accessory
structures
per lot
Lot size
minimum
(sq. ft.)
Lot width
minimum
(feet)
Front yard
(feet)
Corner
side yard
(feet)
Side
interior
(feet)
Rear yard
(feet)
Minimum
site area
per dwelling
unit
(sq. ft.)
Maximum
number of
dwelling
units per
43,560
sq. ft.
Floor area
ratio
Garage w/
Access
on alley
(feet to alley)
Usable open
space per
dwelling unit
(sq. feet)
Agriculture A-1 40 30 10% 3 43,560* 125 35 35 15 25 1 per 40 acres 1 0 25 n/a
Residential R-1 30 17 10% 3 12,000 80 35 35 10 10 12,000 3.6 0.4 25 n/a
R-2
*SFR-detach 30 17 10% 3 8,000 66 30 30 5 5 8,000 5.5 n/a 25 1,000
Townhouse 30 17 10% 3 2,500 25 30 30 5 5 5,000 8
Duplex 30 17 10% 3 6,500 80 30 30 5 5 13,000 6.5
Others 30 17 10% 3 8,000 100 30 30 5 5
R-3
*MFR, 1 bed 30 17 10% 3 21,780 130 35 35 10 20 2,700 16 n/a 25 400
MFR, 2 bed 30 17 10% 3 21,780 130 35 35 10 20 3,400 16 400
MFR, 3 bed 30 17 10% 3 21,780 130 35 35 10 20 4,600 16 400
Commercial C-1 35 PCR 10% 3 7,200 50 35 35 10 20 n/a n/a 1 25 n/a
Commercial C-2 35 PCR 10% 3 15,000 90 45 45 10 10 n/a n/a 1 25 n/a
C-3—CBD 35 PCR 10% 3 7,500 50 0 0 0 or 1/12 building height 20 n/a n/a 2 25 n/a
I-1 Light Industrial 35 PCR 10% 3 20,000 100 50 50 10 20 n/a n/a 1 25 n/a
PUD
SFR—detach 30 17 10% 2 10,000 70 25 25 7.5 10 10,000 4.3 .25 25 1,000
SFR—attached 30 17 10% 2 PCR PCR 25 25 PCR 10 PCR PCR .25 25 500
Other PCR PCR PCR PCR PCR PCR 25 25 10 10 PCR PCR PCR PCR PCR

 

Notes:

43,560 sq. ft. = 1 acre

*SFR = single-family residence

*MFR = multifamily residence

Floor to area to ratio = total floor area of principal and accessory structures in direct ratio to the gross area of the lot

P1 and P2 are requirements subject to planning commission and city council approval.

For R-4 requirements see Ordinance No. 65.

*PCR=planning commission recommendation needed.

*For garages placed with the entrance/exit onto the alley, the setback from the building to the alley shall be 25 feet.

In the case where a structure was legally constructed prior to January 20, 1981, the side yard setback, front yard setback, and the corner side yard setback shall be the lesser of either the building setback as provided in Table 1, or the distance from the existing building and the adjacent property line.

Planned unit development lot size and density requirements are recommendations. The city council may waive these requirements based on a proposed development satisfying the purpose and intent of the district, following planning commission recommendation.

(Ord. No. 193, § D (table 1), 12-28-93; Ord. No. 234, § 1, 6-11-02; Ord. No. 235, § 3, 7-9-02; Ord. No. 267, § 1, 2-22-05; Ord. No. 401, § 1(Att.), 6-27-17)

Sec. 62-231.- Intent.

The purpose of the agriculture/open space (A-1) district is to provide generally for a smooth and orderly transition of land from rural to urban in character, and more specifically to prevent the occurrence of premature scattered urban development which would be uneconomical from the standpoint of municipal services, utilities and schools until such time as:

(1)

Necessary public facilities such as streets, water and sanitary sewer are available.

(2)

The ability to objectively determine and project appropriate land use patterns makes orderly development possible and to retain as much genuinely rural area and agriculture land as can be accommodated and encouraged until urbanization is considered necessary.

Subdivision of property within the agriculture/open apace (A-1) district is prohibited.

(Ord. No. 239, § 1, 12-10-02)

Sec. 62-232. - Permitted uses.

The following principal uses shall be permitted within the agriculture/open space (A-1) district:

Uses:

Agriculture and horticultural uses, including structures designed for the storage of products and machinery pertaining and necessary to agriculture and horticultural operations.

Single-family residential.

Public parks, recreation areas, game refuges, and open spaces.

(Ord. No. 239, § 1, 12-10-02)

Sec. 62-233. - Permitted principal and accessory structures.

No new principal structure shall be constructed within this district. In the event an existing permitted structure is destroyed beyond 50 percent of its assessed value, such structure may be replaced, subject to the conditions of section 62-235.

(1)

Principal structures. The following principal structures shall be permitted:

a.

Existing single-family residential dwellings.

b.

Existing attached single-family residential dwellings.

c.

One principal structure shall be permitted for each lot.

d.

Agriculture and horticulture storage and maintenance structures.

(2)

Accessory structures. The following accessory buildings or structures shall be permitted:

a.

Sheds.

b.

Garages.

c.

Recreational buildings and structures, including but not limited to gazebos, decks.

d.

Other accessory buildings as approved by city planner as being consistent with rural residential use.

These structures shall be used only by the occupant(s) of the residence for personal storage, hobbies, recreation, entertainment, family uses, private maintenance and repair activities, and for the keeping of animals and appurtenant equipment and supplies. Guest quarters and/or additional dwelling units are strictly prohibited. No products or services shall be offered for sale or pay or similar compensation except as permitted for a home occupation.

(Ord. No. 239, § 1, 12-10-02)

Sec. 62-234. - Conditional uses.

The following uses may be allowed in the agriculture/open space (A-1) district, upon receipt of a conditional use permit.

(1)

Recreation facilities of a commercial or semipublic nature, such as golf courses, sportsmen clubs and camping areas.

(2)

Public utilities and service utility facilities and structures, as regulated by City Code.

(3)

The keeping of animals including, but not limited to, those in stables or kennels according to the following density standards:

These regulations apply to lots of less than 20 acres unless otherwise regulated by the Carver County Feedlot Management Ordinance, as amended from time to time. Lots of 20 acres or greater shall comply to the Carver County Feedlot Management Ordinance, as amended from time to time. A manure holding plan may be required when there are any domestic animals other than customary household pets.

On lots of at least 2.25 acres, but less than 2.4 acres, one animal unit is permitted.

On lots of 2.4—20 acres, one animal unit per acre or fraction thereof is permitted, with the number of animals rounded up to the nearest whole number.

For the purposes of this section, an animal unit shall be defined as provided below:

One Equine (horse, mules, cow, etc.) equals one animal unit.

Five sheep, goats, or similar equals one animal unit.

Ten dogs equals one animal unit.

Twenty-five poultry (chickens, turkey, etc.) equal one animal unit.

Fifty small animals (cats, rabbits, etc.) equal one animal unit.

For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds.

Manure must be handled in an environmentally sound and nuisance free manner as follows: Manure that is stored must be covered or placed in a container so that it will be protected from rainfall and surface run-off; manure must be removed from the property or spread at least once every six months so that flies, odors and other nuisances are kept to a minimum.

(4)

Cemeteries.

(5)

Mining, excavation, and land reclamation.

(6)

Other uses similar in nature to the above uses and which, in the opinion of the city council, will not be detrimental to the integrity and intent of the agriculture/open space (A-1) district.

(Ord. No. 239, § 1, 12-10-02)

Sec. 62-235. - Bulk regulations.

(a)

Minimum lot area. The minimum lot area for the agriculture/open space (A-1) district is 2.25 acres.

(b)

Yards and setbacks. The minimum yard and setback requirements for all structures within the agriculture/open space (A-1) district, are as follows:

(1)

Front yard setback: The minimum horizontal distance as measured from the principal structure to the property line or public right-of-way line, whichever is closer to the principal structure.

(2)

Rear and side yard setback: 15 feet. However, where an existing structure is located less than 15 feet from the lot line, a minimum of 30 feet shall be provided between structures.

(c)

Maximum ground coverage. The sum total of ground area that may be covered by all structures located on a lot in the agriculture/open space (A-1) district shall not exceed 30 percent. The maximum footprint for attached garages shall be as defined accessory building size.

(d)

Maximum building height. The maximum building height for principal structures in the agriculture/open space (A-1) district is 35 feet.

(e)

Accessory buildings and structures. The following standards apply for accessory buildings and structures. Accessory buildings and structures shall meet all location requirements and shall be constructed in accordance with the Minnesota State Building Code.

(f)

Accessory building size: A total of 500 square feet for all accessory buildings shall be permitted for every acre or fraction thereof of lot size, to a maximum of 3,500 square feet.

(1)

Existing agricultural structures are not included in the area calculations for total square footage unless the agricultural structure (such as a barn or machine shed) is suitable for use or used as a garage or residential accessory structure.

(2)

The area calculation for an attached garage or accessory structure shall be made using the outside dimensions (footprint or foundation) of the structure only. Area calculations shall not include unenclosed porches. The area calculation for a detached building shall include the gross area for all levels of the structure.

(3)

The footprint or foundation area of an attached garage shall not exceed 125 percent of the footprint of the attached dwelling.

(g)

Setback. No accessory building shall be permitted in the front yard. All accessory buildings or structures shall maintain at minimum a 15-foot minimum side and rear yard setback.

(h)

Height. The maximum height of an accessory building sidewall shall be 12 feet and the total height as defined in this Code shall not exceed 17 feet, however, for each 15 feet of setback provided over the minimum required setback, total height as defined in this Code may be increased five feet, to a maximum height of 32 feet. In all cases, sidewall height shall not exceed 70 percent of the total height of the building.

(Ord. No. 239, § 1, 12-10-02)

Sec. 62-236.- Intent.

The intent of the estate residential 1 (ER-1) district is to provide an area within the city limits which can accommodate "estate type" single family detached dwellings. This district shall be characterized by the integration and preservation of exceptional natural amenities and open space into the developments that occur within. This district will be distinguished from the ER-2 district in that all lots will be required to have a primary and secondary on-site sewer location and, at the discretion of the city, be serviced by municipal water.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-237. - Qualifications.

Development of this nature is best suited for high amenity properties and shall have the following characteristics:

(1)

The development parcel must be guided for estate residential in the city's comprehensive plan;

(2)

The development parcel must be 40 or more acres in size;

(3)

The majority (more than 50 percent of the total acreage) of the property has frontage on a designated lake or river; or

(4)

The majority (more than 50 percent of the total acreage) of the property is covered in designated forest;

(5)

Woodland, wetlands and topography must be preserved in a natural state, with modification allowed when no reasonable alternative exists; or, if the site lacks unique features such as woodlands and wetlands, the site must be designed and constructed in such a manner that residential building sites are integrated into a created natural environment including reforestation, wetlands enhancement, and vegetative screening of structures;

(6)

Common space must be designated in the development as one or more outlots and must be owned either by a homeowners' association consisting of the owners of all of the residential lots in the development or by the owners of the residential lots, as tenants in common;

(7)

The developer must record against the development a declaration of covenants that places responsibility for management of the open space in a homeowners association and provides for the assessment of management costs to the association members;

(8)

All utilities must be placed underground;

(9)

A development agreement must be entered into with the city.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-238. - Definitions.

Forest means a dense growth of mature trees, together with other plants, covering a large area and designated as such in the city's natural resource plan. A forest is a contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that there are no areas greater than one-quarter acre in size not covered by canopy in the summer months. A forest must cover a land area of 10,000 square feet or greater.

Other terms as defined in Section 62-1 shall apply.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-239. - Permitted uses.

The following uses are permitted in the estate residential 1 (ER-1) district:

(1)

Single-family detached dwellings.

(2)

Agricultural land uses as permitted and in compliance with all applicable provisions regarding land area.

(3)

Public recreation facilities.

(4)

Licensed residential daycare facilities.

(5)

Essential structures and uses.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-240. - Accessory uses.

Accessory structures shall be architecturally compatible with the principal structure and shall be constructed for the sole use of occupants of the principal structure. The following accessory uses are permitted in the estate residential 1 (ER-1) district:

(1)

Private garages for single family dwellings.

(2)

Home occupations operated in accordance with section 62-481 of this zoning code.

(3)

Fences.

(4)

Tennis courts.

(5)

Swimming pools.

(6)

Detached agricultural storage buildings, barns, or other structures, accessory to an existing single-family dwelling. Accessory structures that are 1,000 square feet or less shall be constructed using architecturally compatible materials to that of the principle structure. Colors and materials used for the exterior finishing of accessory structures shall be complimentary to the principle structure and be approved by the zoning administrator prior to approval of the building permit. The total square footage of all accessory structures permitted on the property shall be in accordance with section 62-477 of this chapter.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-241. - Conditional uses.

(a)

Alternative energy systems in accordance with chapter 61.

(b)

Windmills or wind energy conservation systems (WECS).

(c)

Cemeteries.

(d)

Churches and other places of worship.

(e)

Planned unit development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(f)

New wireless support structures for small wireless facilities.

(Ord. No. 401, § 2, 6-27-17; Ord. No. 407, § 1, 5-8-18)

Sec. 62-242 - Interim uses.

(a)

Accessory dwelling unit and nonrental guest apartments.

(1)

Accessory dwelling unit means a secondary dwelling unit that is:

a.

Physically attached to or within a single-family dwelling unit or within a detached* accessory building that has a principal structure on the parcel; and

b.

Subordinate in size to the single-family dwelling unit; and

c.

Fully separated from the single-family dwelling unit by means of a wall or floor, with or without a door; and

d.

Architecturally compatible with the principal structure (using similar materials, finishes, style and colors similar to the principal structure); and

e.

The lesser of 33 percent of the above ground living area of the principal structure (walk out basement and basement square footage not included) or 1,200 square feet. The total square footage shall not include a designated mechanical room or unfinished basement area below the accessory dwelling unit; and

f.

Not in excess of the maximum square footage for accessory structures as permitted in this Code; and

g.

Has permanent provisions for cooking, living and sanitation; and

h.

Has no more than two bedrooms; and

i.

Limited to relatives of the homesteaded owner occupants, the homesteaded owners of the principal structure or the homesteaded owner's caretaker. The total number of individuals that reside in both the principal dwelling unit and accessory dwelling unit may not exceed the number that is allowed by the building code; and

j.

Uses the existing on-site septic system or an approved holding tank if applicable or designed as to not add an additional connection to the city's public sewer line; and

k.

Respectful of the future subdivision of the property. The city may require a sketch of the proposed future subdivision of a property; and

l.

In compliance with the adopted building code relating to all aspects of the dwelling unit.

*On lots less than two acres, the accessory dwelling unit must be attached to the principal dwelling unit.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-243. - Lot requirements and standards.

(a)

Bulk regulations. The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter:

(1)

Setbacks.

Required Setbacks
Minimum lot size Minimum lot width Front Yard Interior Side Yard Corner Side Yard Rear Yard
Single-family detached dwellings 2 acres 150 feet 75 feet 50 feet 1 50 feet 50 feet
Parks, playgrounds, and community buildings operated by municipal agencies—permanent structures Varies 50 feet 50 feet 50 feet 50 feet

 

1 The sum of the two side yard widths on each lot must total a minimum of 50 feet, with no side yard being less than 20 feet.

(2)

Height. Maximum height of principal structure shall be 36 feet.

(3)

Impervious surface area. Maximum impervious surface coverage shall be 50 percent.

(4)

Subsurface sewage treatment systems. All requirements set forth in Carver County Chapter 52.

(5)

Lot configuration. Flag lot prohibited.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-244. - Design and performance standards.

The following design and performance standards shall be required:

(1)

All residential structures shall be built on approved frost footing as stated in the state building code.

(2)

All residential structures shall be firmly anchored to a permanent foundation. Anchoring shall be of an approved method as stated in the state building code.

(3)

Exterior building finishes shall consist of materials comparable in grade and quality to the following:

a.

Brick.

b.

Natural stone.

c.

Lap metal siding. Ribbed metal siding is not permitted except as an accent material.

d.

Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood and cypress.

e.

Curtain wall panels of steel, fiberglass and aluminum, nonstructural, non-load bearing, provided such panels are factory fabricated and finished with a permanent, durable, non-fade surface and their fasteners are of a corrosion resistant design, and provided further that no more than one-third of the wall surface abutting a public street, or adjacent to a residential or public area, consist of such panels.

f.

Glass curtain wall panels.

g.

Shakes, including cedar shakes.

h.

Wood siding, including cement fiber products and LP SmartSide.

(4)

Prohibited materials are as follows:

a.

Face materials which rapidly deteriorate or become unsightly such as galvanized metal, unfinished structural clay tile and metal panels not factory finished with a permanent surface.

b.

Buildings comprised exclusively of metal.

c.

Buildings where wood poles or timbers are the primary support for the roof system and form the foundation structure, provided that wood foundations shall be permissible (pole buildings).

d.

Sheet metal, plastic or fiberglass siding, unless such siding is a component of a factory fabricated and finished panel.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-245. - Variances, appeals and amendments.

Requests for variances from the provisions of this division shall be administered as provided by sections 62-141—62-144 of this Code. However, a request for a variance must be accompanied by a recommendation from the operative homeowners' association, if any, pertaining to the property that is the subject to the variance request.

(Ord. No. 401, § 2, 6-27-17)

Sec. 62-246.- Intent.

The intent of the estate residential 2 (ER-2) district is to provide an area within the city limits which can accommodate "estate type" single family detached dwellings. This district shall be characterized by the integration and preservation of exceptional natural amenities and open space into the developments that occur within. This district will be distinguished from the ER-1 district in that all lots will be required to be serviced by both municipal sanitary sewer and water.

(Ord. No. 401, § 3, 6-27-17)

Sec. 62-247. - Criteria.

Development of this nature is best suited for high amenity properties and shall have the following characteristics:

(1)

The development parcel must be guided for estate residential in the city's comprehensive plan;

(2)

The development parcel must be 20 or more acres in size;

(3)

The majority (more than 50 percent of the total acreage) of the property has frontage on a designated lake or river; or

(4)

The majority (more than 50 percent of the total acreage) of the property is covered in designated forest;

(5)

Woodland, wetlands and topography must be preserved in a natural state, with modification allowed when no reasonable alternative exists; or, if the site lacks unique features such as woodlands and wetlands, the site must be designed and constructed in such a manner that residential building sites are integrated into a created natural environment including reforestation, wetlands enhancement, and vegetative screening of structures;

(6)

Common space must be designated in the development as one or more outlots and must be owned either by a homeowners' association consisting of the owners of all of the residential lots in the development or by the owners of the residential lots, as tenants in common;

(7)

The developer must record against the development a declaration of covenants that places responsibility for management of the open space in a homeowners association and provides for the assessment of management costs to the association members;

(8)

All utilities must be placed underground;

(9)

A development agreement must be entered into with the city.

(Ord. No. 401, § 3, 6-27-17)

Sec. 62-248. - Definitions.

Forest means a dense growth of mature trees, together with other plants, covering a large area and designated as such in the city's natural resource plan. A forest is a contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that there are no areas greater than one-quarter acre in size not covered by canopy in the summer months. A forest must cover a land area of 10,000 square feet or greater.

Other terms as defined in section 62-1 shall apply.

(Ord. No. 401, § 3, 6-27-17)

Sec. 62-249. - Permitted uses.

The following uses are permitted in the estate residential 2 (ER-2) district:

(1)

Single-family detached dwellings.

(2)

Agricultural land uses, except keeping livestock.

(3)

Public recreation facilities.

(4)

Licensed residential daycare facilities.

(5)

Essential structures and uses.

(Ord. No. 401, § 3, 6-27-17)

Sec. 62-250. - Accessory uses.

Accessory structures shall be architecturally compatible with the principal structure and shall be constructed for the sole use of occupants of the principal structure. The following accessory uses are permitted in the estate residential 2 (ER-2) district:

(1)

Private garages for single family dwellings.

(2)

Home occupations operated in accordance with section 62-481 of this zoning code.

(3)

Fences.

(4)

Tennis courts.

(5)

Swimming pools.

(6)

Detached agricultural storage buildings, barns, or other structures, accessory to an existing single-family dwelling. Accessory structures that are 1,000 square feet or less shall be constructed using architecturally compatible materials to that of the principle structure. Colors and materials used for the exterior finishing of accessory structures shall be complimentary to the principle structure and be approved by the zoning administrator prior to approval of the building permit. The total square footage of all accessory structures permitted on the property shall be in accordance with section 62-477 of this chapter.

(Ord. No. 401, § 3, 6-27-17)

Sec. 62-250.1. - Conditional uses.

(a)

Alternative energy systems in accordance with chapter 61.

(b)

Windmills or wind energy conservation systems (WECS).

(c)

Cemeteries.

(d)

Churches and other places of worship.

(e)

Planned unit development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article.

(f)

New wireless support structures for small wireless facilities.

(Ord. No. 401, § 3, 6-27-17; Ord. No. 407, § 1, 5-8-18)

Editor's note— Ord. No. 401, § 3, adopted June 27, 2017, set out provisions intended for use as §§ 62-251—62-255. For purposes of clarity, and at the editor's discretion, these provisions have been included as §§ 62-250.1—62-250.5.

Sec. 62-250.2 - Interim uses.

(a)

Accessory dwelling unit and nonrental guest apartments.

(1)

Accessory dwelling unit means a secondary dwelling unit that is:

a.

Physically attached to or within a single-family dwelling unit or within a detached* accessory building that has a principal structure on the parcel; and

b.

Subordinate in size to the single-family dwelling unit; and

c.

Fully separated from the single-family dwelling unit by means of a wall or floor, with or without a door; and

d.

Architecturally compatible with the principal structure (using similar materials, finishes, style and colors similar to the principal structure); and

e.

The lesser of 33 percent of the above ground living area of the principal structure (walk out basement and basement square footage not included) or 1,200 square feet. The total square footage shall not include a designated mechanical room or unfinished basement area below the accessory dwelling unit; and

f.

Not in excess of the maximum square footage for accessory structures as permitted in this Code; and

g.

Has permanent provisions for cooking, living and sanitation; and

h.

Has no more than two bedrooms; and

i.

Limited to relatives of the homesteaded owner occupants, the homesteaded owners of the principal structure or the homesteaded owner's caretaker. The total number of individuals that reside in both the principal dwelling unit and accessory dwelling unit may not exceed the number that is allowed by the building code; and

j.

Uses the existing on-site septic system or an approved holding tank if applicable or designed as to not add an additional connection to the city's public sewer line; and

k.

Respectful of the future subdivision of the property. The city may require a sketch of the proposed future subdivision of a property; and

l.

In compliance with the adopted building code relating to all aspects of the dwelling unit.

*On lots less than two acres, the accessory dwelling unit must be attached to the principal dwelling unit.

(Ord. No. 401, § 3, 6-27-17)

Note— See note at § 62-250.1.

Sec. 62-250.3. - Lot requirements and standards.

(a)

Bulk regulations. The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications set forth in other sections of this chapter:

(1)

Setbacks.

Required Setbacks
Minimum lot size Minimum lot width Front Yard Interior Side Yard Corner Side Yard Rear Yard
Single-family detached dwellings 1 acre 125 feet 40 feet 30 feet 1 30 feet 50 feet
Parks, playgrounds, and community buildings operated by municipal agencies—permanent structures Varies 50 feet 30 feet 30 feet 50 feet

 

1 The sum of the two side yard widths on each lot must total a minimum of 30 feet, with no side yard being less than ten feet.

(2)

Height. Maximum height of principal structure shall be 36 feet.

(3)

Impervious surface area. Maximum impervious surface coverage shall be 35 percent.

(4)

Lot configuration. Flag lot prohibited.

(Ord. No. 401, § 3, 6-27-17)

Note— See note at § 62-250.1.

Sec. 62-250.4. - Design and performance standards.

The following design and performance standards shall be required:

(1)

All residential structures shall be built on approved frost footing as stated in the state building code.

(2)

All residential structures shall be firmly anchored to a permanent foundation. Anchoring shall be of an approved method as stated in the state building code.

(3)

Exterior building finishes shall consist of materials comparable in grade and quality to the following:

a.

Brick.

b.

Natural stone.

c.

Lap metal siding. Ribbed metal siding is not permitted except as an accent material.

d.

Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood and cypress.

e.

Curtain wall panels of steel, fiberglass and aluminum, nonstructural, non-load bearing, provided such panels are factory fabricated and finished with a permanent, durable, non-fade surface and their fasteners are of a corrosion resistant design, and provided further that no more than one-third of the wall surface abutting a public street, or adjacent to a residential or public area, consist of such panels.

f.

Glass curtain wall panels.

g.

Shakes, including cedar shakes.

h.

Wood siding, including cement fiber products and LP SmartSide.

(4)

Prohibited materials are as follows:

a.

Face materials which rapidly deteriorate or become unsightly such as galvanized metal, unfinished structural clay tile and metal panels not factory finished with a permanent surface.

b.

Building comprised exclusively of metal.

c.

Buildings where wood poles or timbers are the primary support for the roof system and form the foundation structure, provided that wood foundations shall be permissible (pole buildings).

d.

Sheet metal, plastic or fiberglass siding, unless such siding is a component of a factory fabricated and finished panel.

(Ord. No. 401, § 3, 6-27-17)

Note— See note at § 62-250.1.

Sec. 62-250.5. - Variances, appeals and amendments.

Requests for variances from the provisions of this division shall be administered as provided by sections 62-141—62-144 of this Code. However, a request for a variance must be accompanied by a recommendation from the operative homeowners' association, if any, pertaining to the property that is the subject to the variance request.

(Ord. No. 401, § 3, 6-27-17)

Note— See note at § 62-250.1.

Sec. 62-251.- Intent.

The intent of the low density residence (R-1) district is to recognize fully or partially developed low density residential areas including supporting public and semipublic facilities, to provide for future development of a similar nature and to protect the desired low-intensity living environment from encroachment by conflicting land use.

(Ord. No. 193, § D(2.1), 12-28-93)

Sec. 62-252. - Permitted uses.

The following uses are permitted in the low density residence (R-1) district:

(1)

Single-family detached dwellings.

(2)

Customary accessory uses incidental to the permitted residential uses, such as private garages, screen houses and private recreational facilities such as swimming pools and tennis courts.

(3)

Home occupations, as per section 62-478.

(4)

Licensed daycare or residential facilities.

(5)

Essential structures and uses.

(Ord. No. 193, § D(2.2), 12-28-93)

Sec. 62-253. - Conditional uses.

Public and semipublic facilities such as churches, schools and parks of a noncommercial nature are conditional uses in the low density residence (R-1) district.

(1)

Columbarium as an accessory use to churches, places of worship or religious institutions with a valid conditional use permit and subject to the following conditions:

a.

A columbarium is subject to site plan review in accordance with section 62-611.

b.

The religious institution must own the property on which the columbarium is placed.

c.

The exterior of the columbaria must be constructed to be consistent with existing building/church architecture.

d.

Columbaria shall only be located in a side or rear yard.

e.

Columbaria shall have a minimum side yard and rear yard setback of 50 feet.

f.

Columbaria height shall not exceed 18 feet or that of the principal structure, whichever is less.

g.

The construction, operation, maintenance, and disposition of a columbarium by the church, place of worship or religious institution, will be in accordance with all applicable state statutes and regulations.

h.

If the church, place of worship or religious institution ceases operation, all urns and remains must be removed from the property within six months.

(2)

New wireless support structures for small wireless facilities.

(Ord. No. 193, § D(2.3), 12-28-93; Ord. No. 392, § 2, 4-12-16; Ord. No. 407, § 1, 5-8-18)

Sec. 62-254. - Lot requirements and standards.

For lot requirements and standards in the low density residence (R-1) district, refer to Table 1.

(Ord. No. 193, § D(2.4), 12-28-93)

Sec. 62-255. - Ortloff residential overlay district.

(a)

Purpose and intent. The intent of the Ortloff residential overlay district (OR) is to provide for future development of residential uses within the R-1 zoning district while permitting flexibility from the setbacks for accessory structures permitted by the underlying zoning. The Ortloff addition subdivision was developed prior to the adoption of the current zoning standards. The city has determined that in some instances the zoning ordinance prohibits the development of residential properties beyond the intent of the current zoning standards. The overlay district will reduce the number of non-conforming lots within the city and to allow the development, expansion or re-development of residential lots without having to obtain a variance for each lot. The ordinance does not promote variance from the intent of the existing standards, but, rather, permits development assuming appropriate setbacks are in place and effect.

(b)

Definitions.

(1)

Zone A. Is that part of the land lying in Watertown within the following described area:

All lots located within the Ortloff's Addition, Ortloff's Second Addition and Ortloff's Third Addition.

(2)

Yard, interior side. Means a yard extending along a side lot line from the front yard to the rear yard and not abutting a public or private street.

(3)

Area covered. The area covered by the Ortloff residential overlay district (OR) is that portion of zone A lying within the boundaries of [the City of] Watertown. The ordinance is intended to supplement or overlay the existing zoning of lots or parcels in the area covered, not to contradict or replace the existing zoning.

(4)

Lot requirements and standards. For lot requirements and standards in the Ortloff Residential Overlay district, refer to Table 1.

a.

Bulk regulations. All buildings shall be located as indicated on an approved site plan.

b.

Principle structure.

Minimum setback Setback shall be measured from the property line.
Front yard setback: 35 feet
Corner side yard setback: 35 Thirty-five feet
Interior side yard setback: Ten feet
Rear yard setback: Ten feet

 

c.

Accessory buildings.

Minimum setback Setback shall be measured from the property line.
Front yard setback: 35 feet
Corner side yard setback: Twenty feet
Interior side yard setback: Ten feet
Rear yard setback: Ten feet

 

(Ord. No. 308, 8-28-07)

Sec. 62-271.- Intent.

The intent of the medium density residence (R-2) district is to recognize a variety of new and emerging house types, lifestyles and development patterns and to provide for such housing to be developed at somewhat higher densities than the traditional single-family dwelling in response to consumer demands and market restraints, and in order to achieve greater efficiencies of land development and building construction than are possible within traditional single-family, low density districts. This type development should occur in areas as indicated in the comprehensive plan and where municipal sanitary sewer and water services are available.

(Ord. No. 193, § D(3.1), 12-28-93)

Sec. 62-272. - Permitted uses.

The permitted uses in the medium density residence (R-2) district are as follows:

(1)

Single-family detached dwellings.

(2)

Duplexes.

(3)

Townhouses—Minimum of three and a maximum of eight units per attached group.

(4)

Customary accessory uses, incidental to the permitted residential uses such as private garages, screen houses and private recreation facilities such as swimming pools and tennis courts.

(5)

Home occupations, as per section 62-478.

(6)

Licensed daycare or residential facilities.

(7)

Essential service structures and uses.

(Ord. No. 193, § D(3.2), 12-28-93)

Sec. 62-273. - Conditional uses.

The conditional uses for the medium density residence (R-2) district are as follows:

(1)

Public and semipublic facilities such as churches, schools and parks of a noncommercial nature.

(2)

Boarding of horse on individually owned tracts of land not less than three acres in area.

(3)

Bed and breakfast lodging facilities, provided the following criteria are adhered to:

a.

That a maximum of five bed and breakfast units may be established in a structure.

b.

That the facility shall have a state license (hotel and food), and comply with building and fire codes as may be required or applicable.

c.

That the facility shall be owner or manager occupied.

d.

That the facility shall have a minimum size of 2,500 gross square feet.

e.

That all bed and breakfast units shall be established within the principal structure.

f.

That not more than the equivalent of two full-time persons shall be employed by the bed and breakfast facility who are not residents of the structure.

g.

That the dining and other facilities shall not be used exclusively by the registered guests and residents unless allowed as a separate permitted or special use.

h.

That one off-street parking space shall be provided for the home plus one space for each bed and breakfast unit.

i.

That signs be consistent with the color and architectural style of the principal building and approved by the zoning administrator. One identification sign permitted on the premises subject to the following:

a. Maximum area of sign: Two square feet
Greater than two square feet but not more than six square feet of signage may be approved by the city council as a conditional use.
A single structural component is counted as one sign and square footage is calculated using one side only.
b. Maximum height of sign Five feet
c. Minimum setback from street right-of-way: Ten feet
d. Lighting limited to indirect beam, no internal illumination or flashing light.

 

j.

That the lot on which a bed and breakfast facility is proposed shall have a minimum of 7,000 square feet plus 1,000 square feet for each unit in excess of five units.

(4)

Columbarium as an accessory use to churches, places of worship or religious institutions with a valid conditional use permit and subject to the following conditions:

a.

A columbarium is subject to site plan review in accordance with section 62-611.

b.

The religious institution must own the property on which the columbarium is placed.

c.

The exterior of the columbaria must be constructed to be consistent with existing building/church architecture.

d.

Columbaria shall only be located in a side or rear yard.

e.

Columbaria shall have a minimum side yard and rear yard setback of 50 feet.

f.

Columbaria height shall not exceed 18 feet or that of the principal structure, whichever is less.

g.

The construction, operation, maintenance, and disposition of a columbarium by the church, place of worship or religious institution, will be in accordance with all applicable state statutes and regulations.

h.

If the church, place of worship or religious institution ceases operation, all urns and remains must be removed from the property within six months.

(5)

New wireless support structures for small wireless facilities.

(Ord. No. 193, § D(3.3), 12-28-93; Ord. No. 294, § 1, 2-13-07; Ord. No. 392, § 2, 4-12-16; Ord. No. 407, § 1, 5-8-18)

Sec. 62-274. - Lot requirements and standards.

For the lot requirements and standards for the medium density residence (R-2) district, refer to Table 1.

(Ord. No. 193, § D(3.4), 12-28-93)

Sec. 62-291.- Intent.

It is the intent of the high density residence (R-3) district to recognize the demand for apartment, condominium and multifamily dwellings; to provide for such apartments upon fairly sizable tracts of land, hereby allowing increased design flexibility and a more compatible development pattern; and to permit such apartments at densities high enough to allow high quality development yet low enough to provide a desirable living environment for residents.

(Ord. No. 193, § D(4.1), 12-28-93)

Sec. 62-292. - Permitted uses.

The permitted uses for the high density residence (R-3) district are as follows:

(1)

Multiple-family dwellings of four or more dwelling units per structure.

(2)

Customary accessory uses incidental to the permitted residential uses such as private garages, and private recreational facilities such as swimming pools and tennis courts.

(Ord. No. 193, § D(4.2), 12-28-93)

Sec. 62-293. - Conditional uses.

The conditional uses for the high density residence (R-3) district are as follows:

(1)

Essential service structures and uses.

(2)

Public and semipublic facilities such as churches, schools and parks of noncommercial nature.

(3)

Nursing, convalescent, retirement homes.

(4)

Health care facilities, including hospitals, medical and dental clinics.

(5)

Columbarium as an accessory use to churches, places of worship or religious institutions with a valid conditional use permit and subject to the following conditions:

a.

A columbarium is subject to site plan review in accordance with section 62-611.

b.

The religious institution must own the property on which the columbarium is placed.

c.

The exterior of the columbaria must be constructed to be consistent with existing building/church architecture.

d.

Columbaria shall only be located in a side or rear yard.

e.

Columbaria shall have a minimum side yard and rear yard setback of 50 feet.

f.

Columbaria height shall not exceed 18 feet or that of the principal structure, whichever is less.

g.

The construction, operation, maintenance, and disposition of a columbarium by the church, place of worship or religious institution, will be in accordance with all applicable state statutes and regulations.

h.

If the church, place of worship or religious institution ceases operation, all urns and remains must be removed from the property within six months.

(6)

New wireless support structures for small wireless facilities.

(Ord. No. 193, § D(4.3), 12-28-93; Ord. No. 392, § 2, 4-12-16; Ord. No. 407, § 1, 5-8-18)

Sec. 62-294. - Lot requirements and standards.

For the lot requirements and standards for the high density residence (R-3) district, refer to Table 1.

(Ord. No. 193, § D(4.4), 12-28-93)

Sec. 62-311.- Permitted uses.

The placement of and use of manufactured housing is governed by the provisions of chapter 30. All provisions contained in chapter 30 are hereby adopted and made a part of this chapter as if fully set forth herein.

(Ord. No. 193, § D(5.1), 12-28-93)

Sec. 62-315.- Purpose and intent.

The purpose of the Mixed Use—Business, Residential, Light Industrial (MU-BRLI) zoning is to permit the development of various business, residential, and light industrial uses, in a planned and orderly manner. In order to accomplish the foregoing, a general plan consisting of various sub zones has been approved by the city council.

It is the intent of this district to promote high quality development while providing a location and environment suitable for a sustainable and respectful mixture of a multitude of businesses, residential and light industrial uses. Buildings should incorporate the highest architectural standards which are reflective of the local context and constructed of materials chosen for their aesthetic appeal, durability and strength.

Sub zones have been developed to maximize the potential development while minimizing the potential conflict between incompatible uses.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-316. - Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Front yard zone means the area between the front of the principle structure and the public right-of-way (see illustration).

Screening (for outdoor storage) means providing a fence or landscaping to create 100 percent opacity, as viewed from the public right-of-way or adjacent property, to a height of eight feet for all areas proposed for outdoor storage.

Other terms as defined in section 62-1 shall apply.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-317. - General regulations.

Expansion of nonconforming uses. Nonconforming buildings, services and/or densities may be expanded up to ten percent, provided that this expansion is consistent with the zoning that existed prior to the effective date hereof. Expansion of nonconforming uses by more than ten percent is not allowed, unless such expansion brings the entire site into compliance with the zoning standards and design guidelines.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-318. - Subzones.

The following sub zones shall make up the Mixed Use—Business, Residential, Light Industrial (MU-BRLI) zoning district and are graphically represented on the Highway 25 Corridor Map adopted by reference:

Subzone A. Mixed Use—Business Commercial/Retail and High Density Residential.

Subzone B. Mixed Use—Business Commercial.

Subzone C. Mixed Use—Commercial Light Industrial.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-319. - Subzone district regulations.

(a)

Subzone A. Business commercial/retail and high density residential.

(1)

Permitted uses.

a.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone A under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

1.

Uses lawfully established on the effective date of this Code;

b.

The following uses are permitted in the subzone A district:

1.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted

2.

Multi-family residential

3.

Offices such as:

i.

Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishment.

ii.

Finance agency offices.

iii.

Medical, optical and dental offices, legal, engineering, architectural and similar professional offices, accounting and bookkeeping service offices.

iv.

Offices of miscellaneous business services such as stenographic services and business and management consulting services.

v.

Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations and religious institutions.

4.

Governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district.

5.

Municipal buildings and uses.

6.

Businesses that offer a convenience goods and services to residents of the community. This can include drive thru's if designed in accordance with all applicable standards. Examples of businesses uses can include:

i.

Bank machine/ATM

ii.

Barber/beauty shop

iii.

Child day-care center

iv.

Club or lodge

v.

Coffee shop

vi.

Copy center/print shop

vii.

Dance/aerobic gymnastic studio

viii.

Drug stores

ix.

Dry cleaning service

x.

Electric appliance shops and repair

xi.

Fingernail salon

xii.

Fitness center/gym

xiii.

Health spa

xiv.

Ice-cream shop

xv.

Karate/martial arts studio

xvi.

Photographic studio

xvii.

Tailor

xviii.

Tanning salon

xix.

Trade, business or commercial school

7.

Brew pubs, micro distilleries operating in conjunction with a cocktail room, small breweries operating in conjunction with a tap room.

8.

Hotels.

(2)

Conditional uses.

a.

Conditional uses, as hereinafter enumerated, may be allowed in subzone A district, subject to the issuance of a conditional use permit in accordance with the provisions of division 5 of this chapter.

b.

The following conditional uses may be allowed in the subzone A district:

1.

Automobile sales, fueling and/or service stations.

2.

Public utility.

3.

Restaurant (sit down and fast food).

4.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

(3)

Bulk regulations.

a.

Setbacks. All buildings shall be setback in accordance with the following standards.

Front: 10 feet
20 feet if adjacent to State Highway 25
Side: 10 feet
Rear: 20 feet
Corner 10 feet
20 feet if adjacent to State Highway 25

 

b.

Parking setbacks. It is the intent of this section to not allow any parking to the street side (generally front yard zone) of the front building line of the principle structure. Drive aisles will be permitted within the front yard zone.

Front: 15 feet
25 feet if adjacent to State Highway 25
Side: 5 feet
Rear: 5 feet
Corner 15 feet
20 feet if adjacent to State Highway 25

 

c.

Height. Maximum height shall be three stories.

d.

Impervious surface area. Maximum impervious surface coverage shall be 75 percent.

(4)

Accessory structures.

a.

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

b.

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

(5)

Development standards. All new buildings, structures, expansions, remodeling, and site plans shall conform to these development standards. Buildings in subzone A shall be designed in accordance with the Mixed-Use BRLI Design Standards Manual as adopted by city council.

a.

Screening.

1.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

2.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

b.

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

1.

One major shade tree for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

2.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 35 feet and a mature spread of at least 15 feet.

3.

Twenty-five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

4.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

5.

Screening—Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

c.

Parking. Parking lots shall conform to the following:

1.

All parking areas shall be paved with bituminous paving to a nine-ton standard and surrounded by six inches high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

2.

Parking requirements for each use shall be determined by the city using accepted standards.

3.

Parking areas shall conform to the setbacks established herein.

4.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

d.

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

(b)

Subzone B. Business commercial.

(1)

Permitted uses.

a.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone B under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

1.

Uses lawfully established on the effective date of this Code;

b.

The following uses are permitted in the subzone B district:

1.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted.

2.

Offices such as:

i.

Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishment.

ii.

Finance agency offices.

iii.

Medical, optical and dental offices, legal, engineering, architectural and similar professional offices, accounting and bookkeeping service offices.

iv.

Offices of miscellaneous business services such as stenographic services and business and management consulting services.

v.

Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations and religious institutions.

3.

Governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district.

4.

Municipal buildings and uses.

5.

Businesses that offer a convenience goods and services to residents of the community such as:

i.

Bank machine/ATM

ii.

Barber/beauty shop

iii.

Child day-care center

iv.

Club or lodge

v.

Coffee shop

vi.

Copy center/print shop

vii.

Dance/aerobic gymnastic studio

viii.

Drug stores

ix.

Dry cleaning service

x.

Electric appliance shops and repair

xi.

Fingernail salon

xii.

Fitness center/gym

xiii.

Health spa

xiv.

Ice-cream shop

xv.

Karate/martial arts studio

xvi.

Photographic studio

xvii.

Tailor

xviii.

Tanning salon

xix.

Trade, business or commercial school

6.

Brew pubs, micro distilleries operating in conjunction with a cocktail room, small breweries operating in conjunction with a tap room.

7.

Light manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repairing of materials, goods or products with no outdoor storage.

(2)

Conditional uses.

a.

Conditional uses, as hereinafter enumerated, may be allowed in subzone B district, subject to the issuance of a conditional use permit in accordance with the provisions of division 5 of this chapter.

b.

The following conditional uses may be allowed in the subzone B district:

1.

Automobile sales, fueling and or service stations.

2.

Antennas and communications towers.

3.

Public utility.

4.

Restaurant (sit down and fast food).

5.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

6.

Outdoor storage of material goods and equipment accessory to a principle use if fully screened.

(3)

Bulk regulations.

a.

Setbacks. All buildings shall be setback in accordance with the following standards.

Front: 10 feet
20 feet if adjacent to State Highway 25
Side: 10 feet
Rear: 20 feet
Corner 10 feet
20 feet if adjacent to State Highway 25

 

b.

Parking setbacks. It is the intent of this section to not allow any parking to the street side (generally front yard zone) of the front building line of the principle structure. Drive aisles will be permitted within the front yard zone.

Front: 15 feet
25 feet if adjacent to State Highway 25
Side: 5 feet
Rear: 5 feet
Corner 15 feet
20 feet if adjacent to State Highway 25

 

c.

Height. Maximum height shall be three stories.

d.

Impervious surface area. Maximum impervious surface coverage shall be 75 percent.

(4)

Accessory structures.

a.

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

b.

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

(5)

Development standards. All new buildings, structures, expansions, remodeling, and site plans shall conform to these development standards. Buildings in subzone B shall be designed in accordance with the Mixed-Use BRLI Design Standards Manual as adopted by city council.

a.

Screening.

1.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

2.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

b.

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

1.

One major shade tree for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

2.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 35 feet and a mature spread of at least 15 feet.

3.

Twenty-five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

4.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

5.

Screening—Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

c.

Parking. Parking lots shall conform to the following:

1.

All parking areas shall be paved with bituminous paving to a nine-ton standard and surrounded by six inches high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

2.

Parking requirements for each use shall be determined by the city using accepted standards.

3.

Parking areas shall conform to the setbacks established herein.

4.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

d.

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

(c)

Subzone C. Commercial light industrial.

(1)

Permitted uses.

a.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone C under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

1.

Uses lawfully established on the effective date of this Code;

b.

The following uses are permitted in the subzone C district:

1.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted.

2.

Any of the permitted uses in the subzone B district.

3.

Manufacturing and commercial uses such as:

i.

Automobile repair or restoration.

ii.

Wholesale florist or greenhouse.

iii.

Contractor and construction supply shops conducted wholly within an enclosed building, including, but not limited to, plumbing, HVAC, roofing and electrical with a principle building or office.

iv.

Light manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repairing of materials, goods or products with no outdoor storage.

v.

Kennel.

vi.

Mini storage.

vii.

Auto condos in accordance with the following provisions:

A.

Auto condos shall be for the private storage and private leisure by the owner(s) of such space. No commercial activities shall be permitted in the auto condos nor shall any auto condo be ever occupied for residential purposes.

B.

The city may permit specifically designated auto condos for manufacturing and commercial uses already permitted within Subzone C if designated on an approved master site plan. If units are approved for manufacturing and commercial uses, the following additional conditions shall apply:

(i)

Signs will be permitted in accordance with the sign ordinance.

(ii)

No outdoor storage will be permitted.

(iii)

Parking shall be permitted only in the designated parking spaces.

(2)

Conditional uses.

a.

Conditional uses, as hereinafter enumerated, may be allowed in subzone C district, subject to the issuance of a conditional use permit in accordance with the provisions of division 5 of this chapter.

b.

The following conditional uses may be allowed in the subzone C district:

1.

Automobile sales, fueling and or service stations.

2.

Antennas and communications towers.

3.

Light manufacturing including outdoor storage of material goods and equipment if fully screened.

4.

Public utility.

5.

Restaurant (sit down and fast food).

6.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

(3)

Bulk regulations.

a.

Setbacks. All buildings shall be setback in accordance with the following standards.

Front: 30 feet
Side: 20 feet
Rear: 30 feet
Corner 30 feet

 

b.

Parking setbacks.

Front: 15 feet
Side: 5 feet
Rear: 5 feet
Corner 10 feet

 

c.

Height. Maximum height shall be two stories.

d.

Impervious surface area. Maximum impervious surface coverage shall be 75 percent.

(4)

Accessory structures.

a.

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

b.

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

(5)

Development standards. All new buildings, structures, expansions, remodeling, and site plans shall conform to these development standards. Buildings in subzone C shall be designed in accordance with the Mixed-Use BRLI Design Standards Manual as adopted by city council.

a.

Screening.

1.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

2.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

b.

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

1.

One major shade tree for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

2.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 35 feet and a mature spread of at least 15 feet.

3.

Twenty-five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

4.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

5.

Screening—Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

c.

Parking. Parking lots shall conform to the following:

1.

All parking areas shall be paved with bituminous paving to a nine-ton standard and surrounded by six inches high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

2.

Parking requirements for each use shall be determined by the city using accepted standards.

3.

Parking areas shall conform to the setbacks established herein.

4.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

d.

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

(Ord. No. 417, § 1, 1-14-20; Ord. No. 425 , § 1, 3-9-21)

Sec. 62-320. - Site plan approval required.

Site plan approval shall be required in accordance with sections 62-611 through 62-622 of the Municipal Code of Watertown.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-321. - Variances, appeals and amendments.

(a)

Requests for variances from the provisions of this division shall be administered as provided by sections 62-141—62-144 [of the] Municipal Code of Watertown.

(b)

Requests for amendments to the Highway 25 Corridor Map and the subzone boundaries shall be administered by the city council.

(Ord. No. 417, § 1, 1-14-20)

Sec. 62-331.- Intent.

The intent of the limited commerce (C-1) district is to provide the opportunity for thoroughfare traffic and city residents living nearby to make convenience purchases at locations abutting major streets and easily accessible by automobile and on foot. The gross floor area of buildings is limited so that the intent of this zone does not give way to community-wide shopping center developments that are more desirable in other specific locations in the city (as per the city's comprehensive plan).

(Ord. No. 193, § D(6.1), 12-28-93)

Sec. 62-332. - Permitted uses.

The permitted uses of the limited commerce (C-1) district are as follows:

(1)

Commercial establishments serving convenience retail or service needs such as convenience stores, self-service laundromats, etc., provided the combined gross floor area of all buildings within a single C-1 district shall not exceed 10,000 square feet and the gross floor area of any single business establishment shall not exceed 2,500 square feet.

(2)

Commercial establishments oriented to motor vehicles or drive-in establishments such as gas stations, car washes and drive-in restaurants.

(3)

Restaurants.

(4)

Essential service structures and uses.

(5)

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(Ord. No. 193, § D(6.2), 12-28-93; Ord. No. 206, § 3, 4-22-97; Ord. No. 328, § 1, 9-18-08)

Sec. 62-333. - Conditional uses.

The following are conditional uses in the limited commerce (C-1) district:

(1)

Medical, dental, veterinary clinics, mortuaries.

(2)

Auto repair shops (major and minor).

(Ord. No. 193, § D(6.3), 12-28-93)

Sec. 62-334. - Lot requirements and standards.

For the lot requirements and standards for the limited commerce (C-1) district, refer to Table 1.

(Ord. No. 193, § D(6.4), 12-28-93)

Sec. 62-351.- Intent.

The intent of the general commerce (C-2) district is to provide appropriate areas, preferably in clusters in proximity to major thoroughfares, for commercial retail and service establishments which require large sites for the display of merchandise or which are oriented to the motoring public, and which are not necessarily compatible with the desired character of downtown or limited commerce service area.

(Ord. No. 193, § D(7.1), 12-28-93)

Sec. 62-352. - Permitted uses.

The permitted uses for the general commerce (C-2) district are as follows:

(1)

Commercial establishments requiring large sites for outdoor display and sales such as auto and truck dealers that include on-site vehicle maintenance facilities, mobile home sales and building material sales.

(2)

Commercial establishments which are oriented to the motoring public such as restaurant, brew pub, microdistillery operating in conjunction with a cocktail room, small brewery operating in conjunction with a tap room, auto service stations, minor auto repair shops, car washes and motels.

(3)

Other commercial sales and service establishments which are not necessarily compatible with the desired character of the limited commerce and downtown central business district service areas such as farm supply and service stores, plumbing and heating supply stores, lumberyard, building materials, internal vehicle and boat storage, auto parts sales and service stores.

(4)

Essential service structures and uses.

(5)

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(Ord. No. 193, § D(7.2), 12-28-93; Ord. No. 206, § 4, 4-22-97; Ord. No. 328, § 2, 9-18-08; Ord. No. 394, § 1, 5-10-16)

Sec. 62-353. - Conditional uses.

The conditional uses for the general commerce (C-2) district are as follows:

(1)

Medical, dental, veterinary clinics, mortuaries.

(2)

Major auto repair shops.

(3)

Mini-storage facilities.

(Ord. No. 193, § D(7.3), 12-28-93)

Sec. 62-354. - Lot requirements and standards.

For the lot requirements and standards for the general commercial (C-2) district, refer to Table 1.

(Ord. No. 193, § D(7.4), 12-28-93)

Sec. 62-371.- Intent.

It is the city's objective to have dense, pedestrian-oriented shops and services in the downtown area. It is intended that the downtown area serve as the social, cultural and commercial center of the city. Therefore, convenience goods and service businesses which are incompatible for the downtown should be situated in other areas.

(Ord. No. 193, § D(8.1), 12-28-93)

Sec. 62-372. - Permitted uses.

The permitted uses for the downtown-central business (C-3) district are as follows:

(1)

Commercial establishments. In order to illustrate the types of establishments which the subsection is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered.

a.

Retail establishments such as grocery, hardware, drug, clothing, appliances, furniture stores, restaurants.

b.

Personal services such as laundry, barber, shoe repair, beauty salon, photography studio.

c.

Professional services such as medical clinics, dental clinics, law offices, accounting offices.

d.

Finance, insurance and real estate services.

e.

General commercial office space.

f.

Repair services such as jewelry, radio, television repair shops (not auto repair).

(2)

Public and semipublic facilities serving all or portions of the city, such as municipal offices, library, post office.

(3)

Apartments, if located above the street level in nonresidential structures.

(4)

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs, brew pubs, small breweries operating with a tap room, microdistilleries operating with a cocktail room).

(5)

Essential service structures and uses.

(6)

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(Ord. No. 193, § D(8.2), 12-28-93; Ord. No. 206, § 5, 4-22-97; Ord. No. 328, § 3, 9-18-08; Ord. No. 394, § 1, 5-10-16)

Sec. 62-373. - Conditional uses.

The conditional uses for the downtown-central business (C-3) district are as follows:

(1)

Multiple-family dwellings.

(2)

Entertainment and amusement services such as movie theaters, arcades, billiards and bowling alleys.

(3)

Hotel and lodging services.

(4)

Cabinet shops.

(Ord. No. 193, § D(8.3), 12-28-93; Ord. No. 215, § 1, 11-24-98)

Sec. 62-374. - Lot requirements and standards.

For the lot requirements and standards for the downtown-central business (C-3) district, refer to Table 1.

(Ord. No. 193, § D(8.4), 12-28-93)

Sec. 62-375. - Downtown design standards and criteria.

(a)

Purpose and intent. The "downtown" of the city of Watertown is considered the "Heart of the city". All properties zoned CBD (central business district) located downtown on Lewis Avenue including the properties east of Lewis Avenue to the Crow River and those properties zoned I-1 (Industrial) between Stevens Street and Fremont Street on the Northwest Corner of Lewis Avenue South shall be considered the downtown of the City of Watertown for purposes of this section.

(1)

The city feels a vibrant, energetic, stable central business district benefits the Watertown community and the region at large. The city desires to encourage development, redevelopment and reinvestment in an orderly and thematic manner.

(2)

With this goal, the city has developed design standards and plans entitled "Downtown Design Standards" with the intent to identify certain features and aspects of the downtown urban environment.

(3)

The goal is (1) to use the design standards and plans to improve the appearance and vitality of downtown by attracting more businesses and some housing, and (2) reintroducing the Crow River as an attractive component to downtown, which will give downtown a unique quality and attract more people. A vibrant, healthy downtown makes a significant contribution to the overall health and vitality and economy of the community.

(b)

Use of the standards. These design standards apply to all properties zoned CBD (central business district) located downtown on Lewis Avenue including the properties east of Lewis Avenue to the Crow River and those properties zoned I-1 (Industrial) between Stevens Street and Fremont Street on the Northwest Corner of Lewis Avenue South.

(1)

These design standards will be used to review building permits and site plans, evaluate applications for CDBG (community development block grant) funding, and to guide the city in making public improvements downtown.

(c)

Application. The downtown design standards dated October 2004 and approved by the city council on October 26, 2004, shall be followed when reviewing building permits and land use applications for properties downtown including land use changes, on-site changes, building alterations, building remodeling, expansion, and redevelopment-retrofitting, new construction, public improvements-upgrades and new facilities. The standards will be used by the city of Watertown in preparing plans for public improvements.

(Ord. No. 286, § 1, 8-8-06)

Sec. 62-391.- Intent.

The intent of this district is to provide land in proximity to major thoroughfares for the development of certain activities that will strengthen local employment opportunity and tax base of the city. Such a zone will be characterized by a positive overall visual appearance that is compatible with the predominant residential aesthetic character of the city.

(Ord. No. 193, § D(9.1), 12-28-93; Ord. No. 223, § 1, 5-8-01)

Sec. 62-392. - Permitted uses.

The permitted uses for the light industrial (I-1) district are as follows:

(1)

Fabricating, manufacturing, production, processing and storage of material goods and products.

(2)

Warehouse wholesaling; all commodities except live animals.

(3)

Scientific research facilities.

(4)

Service-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(5)

Retail-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(6)

Service-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(7)

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

(Ord. No. 193, § D(9.2), 12-28-93; Ord. No. 206, § 6, 4-22-97; Ord. No. 223, § 1, 5-8-01; Ord. No. 328, § 4, 9-18-08)

Sec. 62-393. - Permitted accessory uses.

The permitted accessory uses for the light industrial (l-1) district are as follows:

(1)

Off-street parking and loading.

(2)

Signs are regulated by chapter 48.

(3)

Offices ancillary to the principal use.

(4)

Tap rooms or cocktail rooms operating with a small brewer or microdistillery.

(Ord. No. 223, § 1, 5-8-01; Ord. No. 394, § 1, 5-10-16)

Sec. 62-394. - Conditional uses.

The conditional uses for the light industrial (I-1) district are as follows:

(1)

Contractor's yards.

(2)

Screened outdoor storage.

(3)

Commercial towers as regulated by Ordinance No. 221.

(Ord. No. 193, § D(9.3), 12-28-93; Ord. No. 223, § 1, 5-8-01)

Sec. 62-395. - Special requirements.

The following special requirements shall apply to those uses in the light industrial (I-1) district:

(1)

All uses shall comply with the performance standards set forth in section 62-471.

(2)

Outdoor storage areas shall not be located between the principal structure and the public right-of-way or drive aisle.

(Ord. No. 193, § D(9.5), 12-28-93; Ord. No. 223, § 1, 5-8-01)

Sec. 62-396. - Lot requirements and standards.

The following minimum standards shall be observed in the light industrial (I-1) district subject to additional requirements, exceptions, and modifications set forth in this chapter:

(1)

Minimum lot area: 20,000 sq. ft.

(2)

Minimum lot width: 100 feet

(3)

Maximum hard surface coverage: 80 percent

(4)

Maximum structure height:

a.

Principal structure: 35 feet

b.

Accessory structure: 1 story

(5)

Minimum yard setbacks:

a.

Front: 30 feet

b.

Corner: 30 feet

c.

Side: 10 feet

d.

Rear: 20 feet

e.

The minimum setback is 50 feet when the site abuts a residential district without being separated by right-of-way.

(Ord. No. 223, § 1, 5-8-01)

Sec. 62-411.- Intent.

It is the intent of the park/open space (P-1) district to preserve significant natural features and amenities such as lakes, rivers, marshes, steep hills, extensive woodlands and woodlands in their natural state in order to assure continuation of the existing natural drainage system, to prevent harmful soil erosion, to maintain ecological balance and to assure their permanent use for their main natural function as well as for enjoyment by the general public.

(Ord. No. 193, § D(10.1), 12-28-93)

Sec. 62-412. - Permitted uses.

The permitted uses in the park/open space (P-1) district are as follows:

(1)

Public parks and recreational areas.

(2)

Customary accessory uses incidental to the foregoing permitted uses.

(3)

Luce Line Trial.

(4)

Essential service structures and uses.

(Ord. No. 193, § D(10.2), 12-28-93)

Sec. 62-413. - Conditional uses.

The conditional uses for the park/open space (P-1) district are as follows:

(1)

Recreational uses of a low intensity commercial nature.

(Ord. No. 193, § D(10.3), 12-28-93)

Sec. 62-431.- Intent.

The intent of the public facilities (P-2) district is to protect existing public facilities from conflicting use intrusion and to provide sites for future development of public facilities required by the residents and working population.

(Ord. No. 193, § D(11.1), 12-28-93)

Sec. 62-432. - Permitted uses.

The permitted uses for the public facilities (P-2) district are as follows:

(1)

Public facilities such as schools, libraries, municipal administration and service buildings.

(2)

Customary accessory uses incidental to the foregoing principal uses.

(3)

Essential service structures and uses.

(Ord. No. 193, § D(11.2), 12-28-93)

Sec. 62-433. - Conditional uses.

The conditional uses for the public facilities (P-2) district are as follows:

(1)

None.

(Ord. No. 193, § D(11.3), 12-28-93)

Sec. 62-451.- Floodplain.

In addition to the requirements of this chapter, use of land within the floodplain districts as designated by the federal flood insurance study for the city shall also be subject to the provisions of the city regarding floodplain management, Ordinance No. 188 (§§ 62-651—62-663).

(Ord. No. 193, § D(12), 12-28-93)

Sec. 62-461.- Intent.

The purpose of the regulations, standards, and criteria contained in this division is to provide an alternate zoning district under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. The objective of the planned unit development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the comprehensive plan and planning policies of the city while departing from the strict application of the use and bulk regulations of the zoning ordinance and the design standards of the subdivision control regulations. The planned unit development is intended to permit and encourage such flexibility and to accomplish the following purposes:

(1)

To stimulate creative approaches to the residential, commercial and industrial development of land.

(2)

To provide more efficient use of land.

(3)

To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations.

(4)

To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems, and public facilities.

(5)

To unify building and structures through design.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-462. - Permitted uses.

All uses to be permitted within the planned unit development district shall be identified within the development plan application.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-463. - Design standards and criteria.

The planned unit development shall be designed to comply with the following standards and criteria:

(1)

Ownership and control. A proposed planned unit development shall be under single ownership or unified control at the time of filing an application for approval of the planned unit development, or the applicant shall provide written evidence of the applicant's ability to gain unified control of the property if the planned unit development is approved.

(2)

Size. Property considered for planned unit development shall be a minimum of ten acres in size.

(3)

Area, lot width, yard, and height/bulk requirements. For lot requirements and standards in the planned unit development district, refer to section 62-213, Table 1.

These regulations may be waived or modified by the city council in cases where it is determined that the changes will not negatively affect the value or enjoyment of surrounding property, the provision of municipal services, or the flow of traffic on local streets and the changes are justified by the standards set forth in this section.

(4)

Common open space requirements.

a.

Percentage. The following amount of the total lot coverage of a planned unit development not included as public right of way shall be devoted to common open space:

1.

Multi-family residential: 35 percent

2.

Single-family attached residential: 30 percent

3.

Single-family detached residential: 25 percent

4.

Mixed use/nonresidential: 20 percent

b.

Permitted uses. The following amenities may be included in the common open space requirement:

1.

Recreation open space, including, but not limited to:

i.

Swimming pools.

ii.

Tennis courts.

iii.

Recreation buildings.

iv.

Jogging trails/fitness courses.

v.

Tot lots.

vi.

Ice rinks

vii.

Other recreational uses requiring permanent structures on the land other than the buildings.

2.

Interior walkways separate from public sidewalks that connect parking lots to buildings and connect one building to another.

3.

Greenbelts linking open space areas with residential areas, nonresidential areas, or other open space areas.

4.

Open landscaped areas not including land within 12 feet of any parking area.

5.

Natural water features, wetlands, and conservation areas.

6.

Boulevards and traffic circles.

c.

Exclusions: Common open space shall not include the following:

1.

Areas reserved for the exclusive use or benefit of an individual occupant.

2.

Dedicated streets, alleys, or other public rights of way.

3.

Vehicular drives, private streets, and parking, loading and storage areas.

d.

Open space access: Convenient access through a permanent easement shall be provided and perpetually guaranteed to all residents not granted primary access.

(5)

Park sites. A planned unit development shall provide for the dedication of land for public park and recreational purposes as set forth in chapter 63 of this Code (subdivision ordinance).

(6)

Landscaping, screening, and tree preservation. A planned unit development shall comply with all applicable regulations for landscaping, screening, and tree preservation.

(7)

Lighting. A planned unit development shall comply with regulations for exterior lighting as set forth in the Municipal Code of Watertown.

(8)

Trails.Trail systems shall be provided to facilitate movement within the planned unit development and to ensure access to and between commercial facilities and public uses, including schools, parks, and recreational facilities. The circulation systems shall be a direct and convenient link to existing or planned routes and trails beyond such development.

(9)

Principal structures. The provisions of this Code which prohibit the utilization of any parcel of land or lot for the purpose of erecting more than one principal building or structure may be waived by the city for buildings and structures in a planned unit development.

(10)

Relationship to adjoining land. A planned unit development shall be developed with connections to adjoining land. Designs should emphasize accessibility, open views, and connections with the larger community and discourage development that divides neighborhoods or restricts access to adjacent property. The design of lots, streets, sidewalks, and paths within a planned unit development shall make provisions for the continuation of such existing or proposed features to adjoining areas.

(11)

Density bonuses. Unless waived by the city council or modified by ordinance, densities in a planned unit development shall be established by the comprehensive plan for residential developments and by bulk requirements of the underlying zoning district or the district where the use is first allowed. Increases in density may be granted where it is determined that such increases will not negatively affect the value or enjoyment of surrounding property, the provision of municipal services, or the flow of traffic on local streets. To be granted density increases, a planned unit development shall evidence a superior level of design and amenity enhancement. Features considered in this determination include, but are not limited to, the following:

a.

Tree preservation.

b.

Superior architectural design.

c.

Enclosed, underground or depressed parking areas, or parking areas that incorporate landscaping in excess of the minimum standards established by ordinance or policy.

d.

Plazas, malls, formal gardens, or other pedestrian areas.

e.

Community amenities.

f.

Preservation and/or enhancement of natural features.

g.

Preservation of historical character.

h.

Amount, quality, and interconnectedness of common open space.

i.

Inclusion of an affordable housing component.

j.

Other features as determined by the planning commission or city council.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-464. - Procedure.

If necessary to rezone the property, the applicant shall request approval of rezoning and development plan approval concurrently. Upon approval of a rezoning request, a property will be zoned planned unit development. As part of the rezoning application, the applicant shall submit a development plan indicating how the goals, standards, and intent of the district has been satisfied. The review of a development plan request shall be as outlined in the appropriate section of the Subdivision Ordinance of Watertown (chapter 63).

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-465. - Content of planned unit development submittals.

For each stage in the planned unit development review process, information as requested on appropriate application forms shall be provided. Information shall include all information and data as the city may require for the full and complete consideration of the planned unit development.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-466. - Changes to planned unit development.

A planned unit development shall be constructed in accordance with the approved final plat of the planned unit development and all supporting data. The final plat shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures in the planned unit development as indicated on the plat. Changes to the planned unit development shall be considered to be either a major change or a minor change.

(1)

Major changes are modifications that alter the concept or intent of the planned unit development. Factors that shall be considered in determining whether a proposed change constitutes a major or a minor change include:

(a)

Nonresidential components of a planned unit development:

1.

The proposed change to the following components which constitute a greater than ten percent cumulative increase or decrease, based on the later of the first preliminary plat or the most recent preliminary plat that incorporates any major changes to the original planned unit development:

i.

Gross floor area of a nonresidential building.

ii.

Acres of area used for nonresidential purposes.

iii.

Total gross floor area of all of the nonresidential buildings in the project.

iv.

Total number of parking spaces for the project.

b.

Change in location or type of land use.

c.

Change in type, number or location of a building.

d.

Greater than a ten percent increase in the height of a building.

e.

Change in the functional classification of a roadway.

f.

Reduction in the acreage of open space or common open space.

g.

Residential components of a planned unit development:

1.

The proposed change constitutes a greater than ten percent cumulative change in the number of dwelling units in the planned unit development, based on the first preliminary plat approved by the city for the project; or

2.

The proposed change constitutes a greater than ten percent cumulative change in the height of any building or structure in the planned unit development other than single-family detached dwelling units, based on the first preliminary plat approved by the city for the project; or

3.

Change in the location, size, or types of dwelling units or land uses; or

4.

Change in the functional classification of a roadway; or

5.

Reduction in the acreage of open space.

(2)

A revised preliminary plat of planned unit development and supporting data shall be submitted with an application for a major change. If a final plat of planned unit development has also been approved, a revised final plat shall also be submitted with the revised preliminary plat of planned unit development, and the final plat of planned unit development shall also be subject to the procedure set forth in this subsection for the approval of a major change.

(3)

Minor changes are modifications that are not defined as major changes and do not alter the concept or intent of a planned unit development. Minor changes not approved through the administrative adjustment process set forth in the following subsection may be approved by the city council without the review and recommendation of the planning commission unless the city council refers a request for a minor change to the planning commission for review and recommendation.

(4)

Minor changes which meet the criteria set forth in this subsection may be approved by the city planner through an administrative adjustment process without the approval of city council if the proposed minor change does not result in the following:

a.

Any increase in density.

b.

Any change in circulation patterns or access.

c.

Any change in mixture of dwelling unit types.

d.

Any change in grading or utility provisions.

e.

Any change in the mixture of land uses.

f.

Any reduction of an amount of common open space, landscaping, or buffering.

g.

Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes, or result in a change in architectural style.

h.

Other changes of similar scale, proportion, or use.

(5)

Upon application for a major change to a planned unit development or a minor change that has been referred to the planning commission, public notice shall be provided, in conformance with the notification requirements of preliminary plats.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-467. - Criteria for approval.

The planning commission shall not recommend approval of nor shall the city council approve a development plan for a planned unit development or a major or minor change to the planned unit development unless the proposed development or change complies with all of the following criteria:

(1)

The design of the planned unit development presents an innovative and creative approach to the development of land and living environments.

(2)

The planned unit development meets the requirements and standards of the planned unit development regulations.

(3)

The physical design of the planned unit development efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

(4)

Open space, common open space, and recreational facilities are provided.

(5)

The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

(6)

The planned unit development is compatible with the adjacent properties and nearby land uses.

(7)

The planned unit development fulfills the objectives of the comprehensive plan and planning policies of the city.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-468. - Effective period.

(a)

The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions:

(1)

Final platting does not occur within one year [from] the date of approval of the preliminary plat of a planned unit development.

(2)

Construction does not commence and proceed within one year from the date of approval of the final plat of a planned unit development.

(3)

For good cause shown, upon request of the developer, the city council may extend the time limits in up to one-year increments.

(b)

The city council may initiate or the owner of the parcel of land on which the planned unit development is to be constructed may apply for the revocation of the planned unit development. The owner shall be notified, in writing, at least 30 days prior to the city council's consideration of the revocation if initiated by the city council.

(c)

Upon revocation of a planned unit development, the parcel of land shall conform to the permitted uses and other regulations of the original zoning district. Where no original zoning district existed, the property shall be rezoned in accordance with annexation requirements.

(Ord. No. 235, § 4, 7-9-02)

Sec. 62-469.5.- Purpose and intent.

The purpose of the (PUD-TV) planned unit development - Tuscany Village is to permit the development of various residential and public uses of land in an orderly manner.

Residential buildings shall incorporate recognized pedestrian scale, personal character and quality, including low maintenance but architecturally significant building materials, porches and stoops, lighting, shutters, door and window locations and orientation

Buildings and structures are located to form and define public gathering spaces throughout the neighborhood. Buildings with porches, stoops, balconies and decks contribute a personal character to the street, contribute to a safe neighborhood, and serve as a buffer between the public street and the private house interior and recreational spaces beyond.

(Ord. No. 265, § 1, 4-22-05; Ord. No. 391, § 1, 3-22-16)

Sec. 62-469.6. - Definitions.

Build-to line means an alignment established a certain distance from the curb line along which a building shall be built.

(Ord. No. 265, § 1, 4-22-05)

Sec. 62-469.7. - General regulations.

Subdivision. The subdivision of any lots shall be expressly prohibited, following approval of a final platting.

(Ord. No. 265, § 1, 4-22-05)

Sec. 62-469.8. - District regulations.

A.

Buildings shall be located as shown on an approved site plan. It is the goal of the zone to encourage a pedestrian oriented, walkable development. Therefore, it is necessary that pedestrian oriented amenities and features be incorporated into the house and site design.

1.

Permitted uses. Single-family detached residential and four to six unit attached family residential.

2.

Conditional uses. None.

The secondary façade, this "rear" portion of the building shall utilize consistent building materials and style as in other portions of the building. For the purpose of defining a site plan for approval, the following bulk regulations and design standards shall be adhered to:

3.

Bulk regulations.

Multi-family Buildings.

(a)

Build-to line. From public street right-of-way line: 20 feet.

(b)

Setback. Minimum distance between buildings shall be 30 feet.

(c)

Height: Three stories or 36 feet.

Single-family Buildings.

(a)

Front Yard Setback: 20 feet.

(b)

Side Yard Setback: 7.5 feet.

(c)

Rear Yard Setback: 10 feet.

(d)

Height: 35 feet.

4.

Accessory structures.

(a)

Sidewalks. Each unit should extend a walk from a door to the sidewalk along the street or sidewalk trail system as shown on an approved site plan. The single-family homes shall be permitted to utilize the driveway for a portion of the connection between the door and street, sidewalk or trail system.

(b)

Lights. Each multi-family dwelling unit shall provide a carriage light, style as provided for in the approved site plan, to be located at the intersection of the walk serving the dwelling unit leading from the front door and the sidewalk along the street or sidewalk trail system.

(c)

Sheds. Accessory sheds shall not be permitted.

(d)

Detached garages. Detached garages shall not be permitted.

(e)

Fences. Fences shall not be permitted.

5.

Design standards. Buildings in the district shall be designed to promote a unique personal character, utilizing highest quality building materials.

(a)

Building walls. The following materials shall be construed as permitted materials for exterior walls.

Multi-family Buildings.

All front facing walls on a single building shall be consistent in style, design, color, and material:

Brick

Wood Siding, including cement fiber products

Stucco, smooth texture only, no cake icing

Stone

Single-family Buildings.

Front façade:

Stone - 20% of the front façade, not including the roof gables, shall have stone coverage

Stucco, smooth texture only, no cake icing

Accent trim

Shakes, including cedar or quality vinyl shakes.

Side and rear façades:

Stone

Stucco, smooth texture only, no cake icing

Accent trim

Shakes, including cedar or quality vinyl shakes

Wood Siding, including cement fiber products and LP SmartSide

(b)

Porches. Multi-family buildings shall utilize enclosed porches or patios. Buildings utilizing porches shall include materials such as:

Foundation walls and piers: stucco, stone, split faced concrete block, or brick. Open foundations shall be enclosed by privacy lattice with one inch maximum openings.

Posts and piers may include the following materials: wood, stone, stucco, brick.

Railings may include the following materials: wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

Single-family homes can have decks or patios.

(c)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Hipped and gabled roofs shall be symmetrically pitched.

Eaves should overhang between 12 inches and 30 inches on the principal structure.

Rakes (gable end) must overhang between eight inches and 24 inches.

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors, materials, and patterns as employed in the principal structure.

6.

Entrance monumentation. Entrance monumentation shall be consistent in style and color throughout the zoning district. In all other respects, signage shall be consistent with the regulations provided in the Watertown Sign Ordinance.

(Ord. No. 265, § 1, 4-22-05; Ord. No. 391, § 1, 3-22-16)

Sec. 62-469.9. - Site plan approval required.

Site Plan approval shall be required in accordance with sections 62-611 through 62-622 of this Code.

(Ord. No. 265, § 1, 4-22-05)

Sec. 62-469.10. - Variances, appeals, and amendments.

Requests for variances, appeals, and amendments from and to the provisions of this division shall be administered as provided by divisions 2, 6, and 7 article II of this chapter. However, a request for a variance must be accompanied by a recommendation from the owners association or other operative neighborhood association, if any, pertaining to the property that is the subject to the variance request. An amendment to the district shall not require a recommendation from the owners association.

(Ord. No. 265, § 1, 4-22-05)

Sec. 62-470.5.- Purpose and intent.

The purpose of the (PUD-RP) planned unit development - Riverpointe is to permit the development of various residential and public uses of land in an orderly manner. In order to accomplish the foregoing, a general plan consisting of various sub zones has been approved by the city council.

Residential buildings shall incorporate recognized pedestrian scale, personal character and quality, including low maintenance but architecturally significant building materials, porches and stoops, lighting, shutters, door and window locations and orientation

Buildings and structures are located to form and define the difference between the public space (streets) and the private areas (rear yards). Buildings with porches, stoops, and balconies contribute a personal character to the street, contribute to a safe neighborhood, and serve as a buffer between the public street and the private house interior. House designs that include front facing garages are discouraged, as their impact on the street negates from the personal character desired.

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.6. - Subzones.

The following subzones shall make up the planned unit development - Riverpointe zoning district:

Subzone A. Townhomes

Subzone B. Twin homes

Subzone C. High density attached residential

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.7. - General regulations.

No lot within a subzone shall be subdivided subsequent to approval of a final plat.

Lot layout and design shall be consistent with an approved site plan, developed under the following regulations:

Buildings shall be located as depicted on the approved site plan. It is the goal of the zone to encourage a pedestrian oriented, walkable development, therefore, it is necessary that pedestrian oriented amenities and features shall be incorporated into the house and site design.

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.8. - Subzone district regulations.

A.

Subzone A. townhomes.

1.

Permitted uses.

Four units per building (structure) attached side by side.

Single-family residential.

2.

Conditional uses. None.

3.

Bulk regulations. All buildings shall be located as indicated on an approved site plan.

(a)

Minimum setback. Setback shall be measured from the property line.

Front ten feet

Side five feet

Rear five feet

(b)

Minimum distance between buildings. 45 feet.

(c)

Height. Three stories or 36 feet.

4.

Accessory structures.

(a)

Sidewalks. A sidewalk shall be extended from the front door to the sidewalk along the street as shown on the approved site plan.

(b)

Lights. An approved carriage light shall be provided as shown on the approved site plan.

(c)

Sheds. Accessory sheds shall not be permitted.

(d)

Fences. Fences shall not be permitted.

5.

Design standards. Principal buildings in subzone A shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding, including cement fiber products

Stucco, smooth texture only, no cake icing

Stone

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principal structure. Steel raised panel doors shall incorporate windows or other similar treatment.

B.

Subzone B. twin homes.

1.

Permitted uses.

Two units per building attached side by side.

Single-family residential.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Minimum setback.

Front ten feet

Side five feet

Rear five feet

(b)

Minimum distance between buildings. 25 feet.

(c)

Height.

Three stories or 36 feet

4.

Accessory structures.

(a)

Sidewalks. A sidewalk shall be extended from the front door to the sidewalk along the street as shown on the approved site plan.

(b)

Lights. An approved carriage light shall be provided as shown on the approved site plan.

(c)

Sheds. Accessory sheds shall not be permitted.

(d)

Fences. Fences shall not be permitted.

5.

Design standards. Principal buildings in subzone B shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding

Cementious fiberboard

Stucco, smooth texture only, no cake icing

Stone

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray

(c)

Garage Doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principal structure. Steel raised panel doors shall incorporate windows or other similar treatment.

C.

Subzone C. High Density Attached Residential.

1.

Permitted uses.

Attached family residential. Six units per building, arranged back-to-back and side by side.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Minimum Setback.

Front public street setback ten feet

Private drive setback 14 feet

(b)

Height. Three stories or 36 feet.

(c)

Minimum distance between buildings. As shown on an approved site plan.

4.

Accessory structures.

(a)

Lights. An approved carriage light shall be provided as shown on the approved site plan.

(b)

Sheds. Accessory sheds shall not be permitted.

(c)

Fences. Fences shall not be permitted.

5.

Design standards. Principal buildings in subzone C shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding

Cementious fiberboard

Stucco, smooth texture only, no cake icing

Stone

(b)

Roofs. The following shall be construed as permitted roofing materials:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principal structure. Steel raised panel doors shall incorporate windows or other similar treatment.

(d)

Group refuse storage. If used and approved as an accessory structure, group refuge storage shall be housed in a structure consistent with the principal structure.

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.9. - Site plan approval required.

Site plan approval shall be required in accordance with sections 62-611 through 62-622 of this Code.

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.10 - Variances, appeals, and amendments.

Requests for variances, appeals, and amendments from and to the provisions of this division shall be administered as provided by divisions 2, 6, and 7 of article II of this chapter. However, a request for a variance must be accompanied by a recommendation from the owners association or other operative neighborhood association, if any, pertaining to the property that is the subject to the variance request. An amendment to the district shall not require a recommendation from the owners association.

(Ord. No. 268, § 1, 4-26-05)

Sec. 62-470.15.- Purpose and intent.

The purpose of the planned unit development - Forest Hills zoning (PUD-FH) is to permit the development of various residential, business/ commercial uses, and public uses of land in a planned and orderly manner. In order to accomplish the foregoing, a general plan consisting of various sub zones has been approved by the city council.

Residential buildings shall incorporate a pedestrian scale, personal character and quality, including low maintenance but architecturally significant building materials, porches and stoops, lighting, shutters, door and window locations and orientation

Commercial buildings should be designed to recognize a residential character. Buildings should incorporate the highest architectural quality using materials chosen for their durability and strength.

Buildings and structures are located to form and define public space (streets) and the private areas (rear yards). Buildings with porches, stoops, and balconies contribute a personal character to the street, contribute to a safe neighborhood, and serve as a buffer between the public street and the private house interior. House designs that include front facing garages are discouraged, as their impact on the street negates from the character desired.

(Ord. No. 273, 9-23-05)

Sec. 62-470.16. - Definitions.

Build-to line means an alignment established a certain distance from the property line along which a building shall be built. In the case of attached family homes, the build-to line shall be as established by the preliminary plat or the planning commission. For the purposes of this section, the building style will govern its placement on the lot. All principal buildings will be classified into three styles: porch, front building wall, and garage, to be classified by that portion (porch, wall, garage) of the structure the shortest distance from the street.

Shutter means a cover or screen for a window, usually fitted with louvers. Shutters must be sized appropriately to cover the adjacent opening. Shutter may be functional or have the appearance of functionality.

Porch means a roofed structure not more than 75 percent enclosed by walls and attached to the main building.

Front building plane means that portion of the principal structure closest to the street not a garage door or porch.

Other terms as defined in section 62-1 shall apply.

(Ord. No. 273, 9-23-05)

Sec. 62-470.17. - General regulations.

(a)

Subdivision. No lots within subzone A, B, and C shall be subdivided subsequent to approval of a final plat. This shall not be construed to prohibit replatting of an outlot.

Setback, Front: The front building setback for subzones A, B, C, D, and F shall be 30 feet.

Within A, B, C, D, or F subzones, a front building setback of 25 feet shall be permitted if the garage is set back five feet (so that the garage is located no closer than 30 feet) from the front building plane (for garages facing the street).

Within A, B, C, D, or F subzones, a front building setback of 25 feet shall be permitted for the garage if the garage is side loaded (garage door(s) are perpendicular to the street). In this instance, the front building plane of the principal structure shall not encroach closer than 25 feet.

Within A, B, C, D, or F subzones, a front building setback of 20 feet shall be permitted if a porch is used as a feature on the front of the principal structure and the garage door encroaches no closer than 25 feet. To meet this requirement, the porch must include:

A minimum of six feet of depth, measured at the front door to the top of step(s), if any. Such porch shall provide a minimum of 18 feet of width.

(b)

Detached garages. Detached garages shall be prohibited in all districts.

(c)

Garage door setback. Garage doors, where facing the street within A, B, or C subzones, shall be located a minimum of 15 feet back from the porch or front building plane, which ever is used to classify building type.

(d)

Porch design standards. To be classified as a porch style building, the porch shall provide a minimum of eight feet of depth, measured at the front door to the top of step(s), if any. Such porch shall provide a minimum of 25 feet of width, or 70 percent of the gross width of the house, which ever is greater.

(Ord. No. 273, 9-23-05; Ord. No. 285, § 1, 7-11-06)

Sec. 62-470.18. - Subzones.

The following subzones shall make up the planned unit development - Forest Hills zoning district:

Subzone A. Low density single family detached residential

Subzone B. Medium density single family detached residential

Subzone C. High density single family detached residential

Subzone D. Townhomes

Subzone E. Row houses

Subzone F. Twin homes

Subzone G. High density attached residential

Subzone H. Neighborhood commercial

(Ord. No. 273, 9-23-05)

Sec. 62-470.19. - Subzone district regulations.

A.

Subzone A. Low density single-family detached residential.

1.

Permitted uses. Single-family detached residence.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Setback.

Side ten feet

Rear 35 feet

Corner side yard 30 feet

(b)

Height.

Maximum height shall be 36 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a walkway from the front door to the sidewalk along the street.

(b)

Sheds. Accessory sheds may be permitted on the property, provided:

Maximum size is 120 square feet.

Maximum height is 12 feet or one story.

Sheds shall be permanently mounted on concrete slab at least four inches thick.

Sheds shall be finished of materials exactly like those of the principal structure, including, but not limited to shingle type and color, siding type and color. Sheds shall be located such that the structure is screened as much as possible from public streets and in no instance shall be located within a required yard.

(c)

Fences. Fences may be permitted on the property, as provided for in section 62-477. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 50 percent openness, meaning the open space shall be at least as wide as the picket width. Wire fences shall not be permitted.

(d)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of this Code, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards. Buildings in subzone A shall be designed for permanent, reduced or maintenance free materials, and may include, at minimum:

(a)

Porches. Porches shall include materials such as:

Foundation walls and piers: stucco, stone, rough faced concrete block, or brick. Open foundations shall be enclosed by privacy lattice; one inch maximum openings.

Posts and piers shall be constructed with one or more of the following materials: Wood, stone, stucco, brick.

Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Exterior walls. The following shall be construed as permitted materials:

Brick

Wood siding, including approved cement fiber products, eight inch max exposure.

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

Vinyl .042 minimum thickness

All lap siding material shall provide a maximum of eight inch maximum exposure. When using steel, vinyl or aluminum siding, a minimum of 25 percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays, browns, black except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

B.

Subzone B. Medium density single-family detached residential.

1.

Permitted uses. Single-family detached residence.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Setback.

Side seven feet

Rear 30 feet

Corner side yard 25 feet

(b)

Height.

Maximum height shall be 36 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Sheds. Accessory sheds may be permitted on the property, provided:

Maximum size is 120 square feet.

Maximum height is 12 feet or one story.

Sheds shall be permanently mounted on concrete slab at least four inches thick.

Sheds shall be finished of materials exactly like those of the principal structure, including, but not limited to shingle type and color, siding type and color.

Sheds shall be located such that the structure is screened as much as possible from public streets.

(c)

Fences. Fences may be permitted on the property, as provided for in section 62-477. The following additional regulations apply:

All fences in the front or corner side yard shall provide at minimum 50 percent openness, meaning the open space shall be at least as wide as the picket width. Wire fences shall not be permitted.

(d)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of this Code, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards. Principal buildings in subzone B shall include, at minimum:

(a)

Porches. Porches shall include materials:

Foundation walls and piers shall be constructed with one or more of the following materials: Stucco, stone, split faces concrete block, or brick. Open foundations shall be enclosed by privacy lattice. One inch maximum openings.

Posts and piers shall be constructed with one or more of the following materials:

Wood, stone, stucco, brick.

Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Exterior walls. The following shall be construed as permitted materials:

Brick

Wood siding, including approved cement fiber products, eight inch max exposure.

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

Vinyl .042 minimum thickness

All lap siding material shall provide a maximum of 8 inch maximum exposure. When using steel, vinyl or aluminum siding, a minimum of 25 percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between 8 inches and 24 inches

Roof colors shall be light to dark grays, browns, black except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

C.

Subzone C. high density single-family detached residential.

1.

Permitted uses. Single-family detached residence.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Setback.

Side five feet

Rear 20 feet

Corner side yard 20 feet

(b)

Height.

Maximum height shall be 36 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Sheds. Accessory sheds may be permitted on the property, provided:

Maximum size is 120 square feet.

Maximum height is 12 feet or one story.

Sheds shall be permanently mounted on a concrete slab at least four inches thick.

Sheds shall be finished of materials exactly like those of the principal structure, including, but not limited to shingles type and color, siding type and color.

(c)

Fences. Fences may be permitted on the property, as provided for in section 62-477. The following additional regulations apply:

All fences in the front or corner side yard shall provide at minimum 50 percent openness, meaning the open space shall be at least as wide as the picket width. Wire fences shall not be permitted.

(d)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of this Code, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards. Principal buildings in subzone C shall include, at minimum:

(a)

Porches. Porches shall include materials such as:

Foundation walls and piers shall be constructed with one or more of the following materials: Stucco, Stone, split faces concrete block, or brick. Open foundations shall be enclosed by privacy lattice. One inch maximum openings.

Posts and piers shall be constructed with one or more of the following materials: Wood, stone, stucco, brick. Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Exterior walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding, including approved cement fiber products maximum eight inch exposure

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

Vinyl .042 minimum thickness

Siding shall provide maximum five-inch lap exposure. When using steel or aluminum siding, a minimum of two percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be constructed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Hipped and gabled roofs shall be symmetrically pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principle structure.

Rakes (gable end) must overhang between eight inches and 24 inches.

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

D.

Subzone D. townhomes. Buildings shall be as located a part of an approved site plan. It is the goal of the zone to encourage a pedestrian oriented, walkable development. Therefore, it is necessary that pedestrian oriented amenities and features be incorporated into the house and site design.

1.

Permitted uses. Three to seven unit attached family residential.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Setback.

Minimum distance between buildings: 20 feet

Rear, from public street: 40 feet

Corner side yard: 20 feet

(b)

Height.

Maximum Height shall be two stories or 30 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Fences. Fences may be permitted on the property, as provided for in section 62-477. The following additional regulations apply:

All fences in the front or corner side yard shall provide at minimum 50 percent openness, meaning the open space shall be at least as wide as the picket width. Wire fences shall not be permitted.

(c)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of this Code, provided such construction is not inconsistent with the purpose and intent of this chapter.

(5)

Design standards. Principal buildings in subzone D shall include, at minimum:

(a)

Porches. Porches shall include materials such as:

Foundation walls and piers shall be constructed with one or more of the following materials: Stucco, Stone, split faces concrete block, or brick. Open foundations shall be enclosed by privacy lattice. One inch maximum openings.

Posts and piers shall be constructed with one or more of the following materials: Wood, stone, stucco, brick.

Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood Siding, including cement fiber products

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

All lap siding material shall provide a maximum of five inches width. When using steel or aluminum siding, a minimum of 25 percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be constructed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principal structure.

Rakes (gable end) must overhang between eight inches and 24 inches.

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

E.

Subzone E. row houses. The ROW house subzone is unique from the townhome subzone in that it provides a more uniquely urban style of development. Excepting individual balconies and patios, there is no private exterior space. Recreational needs are supported by the closely adjacent public park system, including connecting sidewalks, trails, and ponds. Buildings in the ROW house subzone shall exhibit a superior architectural quality, captured with its use of brick and other high quality, low maintenance materials.

1.

Permitted uses. Attached residential units five to eight units per building.

2.

Conditional uses. None.

3.

Bulk regulations. Buildings in the subzone E shall be located as provided for in an approved site plan. Such locations shall correspond to the following:

(a)

Setbacks.

ROW houses fronting a public street shall be built to be located 30 feet from the adjacent public right-of-way. Unenclosed stoops, balconies, and other similar projections may encroach into the required building setback a distance not to exceed ten feet.

ROW houses fronting a private parking or drive aisle shall be built to be located 25 feet from the adjacent private drive aisle edge of curb. Uncovered porches and decks may encroach into this area a distance not to exceed ten feet, provided such improvements are located on the second story or above.

(b)

Distances between buildings.

Courtyards

ROW houses, where adjacent to another building via an adjoining landscaped courtyard, shall preserve a minimum of 45 feet. Unenclosed porches, stoops, balconies, and other similar projections may encroach into the required building setback a distance not to exceed six feet.

Parking/drive aisles

ROW houses, where adjacent to another building via a shared parking facility (aisle or parking), shall preserve a minimum of 75 feet.

Lateral separation

ROW houses shall preserve a minimum of 20 feet between units.

(c)

Height.

Maximum height shall be three stories or 45 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Fences. Ornamental fences may be constructed, provided:

Ornamental fences may be a maximum of 36 inches high, constructed of wrought iron, aluminum, or approved equal;

Located adjacent to streets, and;

Constructed in a "per block" basis.

5.

Design standards. Row houses shall be designed for permanency and strength of character. While a row house building contains a number of separate units, exterior surfaces shall be consistent.

(a)

Exterior walls.

A minimum of 75 percent of the exterior (includes four sides of building), non-glazed surface of Row houses shall include brick. The subzone, consisting of several individual buildings shall include consistent building colors and materials. The remaining 25 percent of the exterior, non-glazed surface of Row houses may include:

Wood siding, including cement fiber products;

Stucco, smooth texture only, no cake icing;

Stone;

Steel

Aluminum

All lap siding material shall provide a maximum of eight inches exposure.

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

F.

Subzone F. twin homes.

1.

Permitted uses. Two unit single-family attached structures.

2.

Conditional uses. None.

3.

Bulk regulations.

(a)

Setback.

Side five feet

Rear 20 feet

Corner side yard 20 feet

(b)

Height.

Maximum height shall be 36 feet.

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Fences. Fences shall not be permitted in subzone F.

5.

Design standards. Principal buildings in subzone F shall include, at minimum:

(a)

Porches. Porches shall include materials such as:

Foundation walls and piers shall be constructed with one or more of the following materials: Stucco, stone, split faces concrete block, or brick. Open foundations shall be enclosed by privacy lattice. One inch maximum openings.

Posts and piers shall be constructed with one or more of the following materials: Wood, stone, stucco, brick.

Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Exterior walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding, including cement fiber products

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

All lap siding shall have a maximum eight-inch exposure. When using steel or aluminum siding, a minimum of 25 percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12

Eaves should overhang between 18 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

G.

Subzone G. high density attached residential.

1.

Permitted uses. Eight units per building, arranged in a back-to-back fashion, or in a one-two level fashion.

2.

Conditional uses. None

3.

Bulk regulations.

(a)

Setback.

Public street setback: 30 feet

Private street front setback: 20 feet

Private street side setback: Ten feet

(b)

Height.

Three stories or 36 feet

4.

Accessory structures.

(a)

Sidewalks. Each dwelling unit shall extend a concrete, brick, natural stone (an equal material approved by the city in writing may be used) walkway from the front door (or stoop) to the sidewalk along the street. This sidewalk need not be perfectly straight and can connect to the front stoop via a secondary sidewalk that connects to the driveway.

(b)

Fences. Fences shall not be permitted in subzone G.

5.

Design standards. Principal buildings in subzone G shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Vinyl (.42 minimum thickness)

Brick

Wood siding, including James Hardi products

Stone

All lap siding shall have a maximum five inches width.

(b)

Roofs. The roof structure of buildings arranged with units back to back have traditionally been visually imposing, due to their size and building materials. Every attempt must be made to minimum this effect of the roofs in the subzone through the development of roof features, including dormer windows, cupolas, roof articulation. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Slate or rubber "slate" tile

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

(d)

Group refuse storage shall be housed in a structure consistent with the principal structure.

H.

Subzone H. neighborhood commercial. The neighborhood commercial subzone is intended to provide areas for a limited range of business establishments that will offer convenience goods and services to residents located in the general vicinity of the zone. The district shall be designed to accommodate pedestrian and short term traffic.

Architecture shall incorporate the residential character of the district, and include materials chosen for their strength and permanency of character.

1.

Permitted uses.

a.

Bakeries, where all goods are sold on the premises at retail.

b.

Barber shops and beauty parlors.

c.

Drug stores/ pharmacies not larger than 8,000 square feet of gross floor area.

d.

Electrical appliance shops and repair.

e.

Financial institutions.

f.

Florist shops and greenhouses for retail trade only.

g.

Grocery, fruit or vegetable stores.

h.

Hardware store.

i.

Launderettes, Laundromats and dry cleaners employing facilities for not more than 1,000 pounds of dry goods per day and using carbon tetrachloride or other non-inflammable cleaning agents.

j.

Medical and dental laboratories and clinics.

k.

Pet shop.

l.

Professional or service offices.

m.

Public libraries.

n.

Retail stores, and services, not larger than 8,000 square feet of gross floor area.

o.

Shoe repair shops.

p.

Tailor and dressmaking shops.

q.

Residential, provided located on second floor or above.

2.

Conditional uses. Any use not expressly permitted but consistent with the intent of the district.

3.

Bulk regulations.

(a)

Build-to lines.

Front (public street): Five feet

(b)

Setback.

Side 20 feet

Distance from residential subzones: 50 feet

(c)

Height.

A maximum of 36 feet

(d)

Parking.

Parking regulation shall be as prescribed in the parking requirements outlined in the city Code.

4.

Design standards.

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding, including James Hardi products

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

When using steel or aluminum siding, a minimum of 65 percent of the non-glazed front facade shall be covered with brick or stone.

(b)

Windows and doors. Windows and doors (fenestration) identify a personal character to the subzone, while providing light, motion, and visibility to the surrounding areas. This adds to the positive, comfortable image of the area. Fenestration ratio (the ratio of glazed surface areas to non glazed surface areas) shall be at minimum of 65 percent. The use of canopies and awnings is encouraged throughout the subzone to provide comfort to the consumer and window shopper.

(c)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt dimensional shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof lines shall incorporate residential character, and include hips or gables, dormers, etc. Flat roofs or single sloped roofs shall not be permitted.

Mechanical units (condensers, vents, satellites, etc.) shall be completely screened from public view.

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Accessory structures. Trash, grease, recycling receptacles shall be located within a permanent structure that completely screens the contents from public view. Such structure shall be consistent in design with the principal structure.

(e)

Parking. The visual image of the commercial subzone shall be dominated by the architecture and pedestrian amenity (street furniture, lighting, landscaping). Therefore, parking shall be limited in number of spaces provided and location of these spaces. The use of shared parking facilities is important to the success of a neighborhood shopping center to avoid creating a "sea of concrete" unattractive and unappealing to shoppers and consumers. Parking shall be located interior to the space defined by the placement of buildings at the perimeter, thereby screening the spaces from adjacent public streets and affording the ability for users to share parking, all within a parking surface defined by clearly delineated pedestrian routes.

(f)

Signage. Signage shall be consistent in style and color throughout the subzone. A master sign plan shall be developed for the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of this Code.

(Ord. No. 273, 9-23-05; Ord. No. 285, § 1, 7-11-06; Ord. No. 414, §§ 1, 2, 6-11-19)

Sec. 62-470.20. - Site plan approval required.

Site plan approval shall be required in accordance with sections 62-611 through 62-622 of this Code.

(Ord. No. 273, 9-23-05)

Sec. 62-470.21. - Variances, appeals and amendments.

Requests for variances from the provisions of this division shall be administered as provided by divisions 2, 6 and 7 or article II of this chapter. However, a request for a variance must be accompanied by a recommendation from the owners association or other operative neighborhood association, if any, pertaining to the property that is the subject to the variance request.

(Ord. No. 273, 9-23-05)

Sec. 62-470.25.- Purpose and intent.

The purpose of the planned unit development general residential (PUD-GR) is to permit the development of various residential and public uses of land in an orderly manner. In order to accomplish the foregoing, a general plan consisting of various sub zones has been approved by the city council.

Residential buildings shall incorporate recognized pedestrian scale, personal character and quality, including low maintenance but architecturally significant building materials, porches and stoops, lighting, shutters, door and window locations and orientation.

Buildings and structures are located to form and define a separation between the public space (streets) and the private areas (interior spaces and rear yards). Buildings with porches, stoops, and balconies contribute a personal character to the street, contribute to a safe neighborhood, and serve as a buffer between the public street and the private house interior. House designs that include front facing garages are discouraged, as their impact on the street negates from the personal character desired.

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.26. - Subzones

The following subzones shall make up the Planned Unit Development - GR zoning district:

Subzone A. Townhomes

Subzone B. Twin Homes

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.27. - General regulations

No lot within a subzone shall be subdivided subsequent to approval of a final plat.

Lot layout and design shall be consistent with an approved site plan, developed under the following regulations:

Buildings shall be located as depicted on the approved site plan. It is the goal of the zone to encourage a pedestrian oriented, walkable development, therefore, it is necessary that pedestrian oriented amenities and features shall be incorporated into the house and site design.

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.28. - Subzone district regulations.

A.

Subzone A. townhomes

1.

Permitted uses.

Three to six units per building (structure) attached side by side.

Single family detached residential.

2.

Conditional uses.

None

3.

Bulk regulations.

All buildings shall be located as indicated on an approved site plan.

(a)

Minimum setback. Setback shall be measured from the property line.

Front 20 feet

Side five feet

Rear five feet

(b)

Height.

Two stories or 30 feet

4.

Accessory structures.

(a)

Sheds. Accessory sheds shall not be permitted.

(b)

Fences. Fences shall not be permitted.

5.

Design standards.

Principle buildings in subzone A shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding, including cement fiber products

Stucco, smooth texture only, no cake icing

Steel, aluminum

Vinyl

Stone

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principle structure. Steel raised panel doors shall incorporate windows or other similar treatment.

B.

Subzone B. Twin Homes.

1.

Permitted uses.

Two units per building on separate lots. Attached side by side.

Single family residential.

2.

Conditional uses.

None

3.

Bulk regulations.

(a)

Minimum setback.

Front 20 feet

Side five feet

Rear five feet

(b)

Height.

Two stories or 30 feet

4.

Accessory structures.

(a)

Sheds. Accessory sheds shall not be permitted.

(b)

Fences. Fences shall not be permitted.

5.

Design standards

Principle buildings in subzone B shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding

Cementious fiberboard

Stucco, smooth texture only, no cake icing

Steel

Aluminum

Vinyl

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principle structure. Steel raised panel doors shall incorporate windows or other similar treatment.

B.

Subzone B. Twin homes.

1.

Permitted uses.

Two units per building on separate lots. Attached side by side.

Single family residential.

2.

Conditional uses.

None

3.

Bulk regulations.

(a)

Minimum setback.

Front 20 feet

Side five feet

Rear five feet

(b)

Height.

Two stories or 30 feet.

4.

Accessory structures.

(a)

Sheds. Accessory sheds shall not be permitted.

(b)

Fences. Fences shall not be permitted.

5.

Design standards.

Principle buildings in subzone B shall include, at minimum:

(a)

Building walls. The following shall be construed as permitted materials and styles:

Brick

Wood siding

Cementious fiberboard

Stucco, smooth texture only, no cake icing

Steel

Aluminum

Vinyl

Stone

(b)

Roofs. The following shall be construed as permitted materials and styles:

Asphalt shingles

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Roof colors shall be earth toned excluding green, silver, and light gray.

(c)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using similar colors and patterns as employed in the principle structure. Steel raised panel doors shall incorporate windows or other similar treatment.

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.29. - Site plan approval required.

Site plan approval shall be required in accordance with sections 62-611 through 62-622 of the Municipal Code of Watertown.

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.30. - Appeals, variances, and amendments.

Appeals and requests for variances and amendments from and to the provisions of this division shall be administered as provided by divisions 2, 6, and 7 of article II of this chapter. However, a request for a variance must be accompanied by a recommendation from the owners association or other operative neighborhood association, if any, pertaining to the property that is the subject to the variance request. An amendment to the district shall not require a recommendation from the owners association.

(Ord. No. 281, § 1, 3-28-06)

Sec. 62-470.35.- Purpose and intent.

The purpose of the planned unit development-business park (BP) zoning is to permit the development of various business/commercial uses, in a planned and orderly manner. In order to accomplish the foregoing, a general plan consisting of various sub zones has been approved by the city council.

It is the intent of this district to promote high quality development while providing a location and environment suitable for a multitude of businesses. Buildings should incorporate the highest architectural quality using materials chosen for their durability and strength.

Sub zones have been developed to maximize the potential development while minimizing the potential conflict between incompatible uses.

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.36. - Definitions

Material good(s) means the substance or substances out of which finished products are constructed.

Screening (for outdoor storage) means providing a fence or landscaping to create 100 percent opacity, as viewed from the public right of way or adjacent property, to a height of eight feet for all areas proposed for outdoor storage.

Significant tree means any deciduous or coniferous tree measuring four caliper inches in diameter or greater which is not dead or actively infected with any disease.

Stem diameter (caliper inches, trunk diameter) means the diameter of a tree measured usually at 4.5 feet above the ground. The diameter of trees that have multiple stems will equal the sum of the diameters of each stem.

Tree preservation area means an area that is intended to be preserved so that no more than 50 percent of the total significant caliper inches are removed.

Other terms as defined in section 62-1 shall apply.

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.37. - General regulations

Subdivision. No lots within sub zones A, B, and C shall be subdivided so that a greater number of total lots would exist following subdivision. Lots will be permitted to be combined following the necessary subdivisions procedures as provided by section 52-46 of the Municipal Code of Watertown.

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.38. - Subzones.

The following sub zones shall make up the planned unit development-business park (BP) zoning district:

Subzone A. Commercial retail/highway commercial, office

Subzone B. Commercial/light industrial

Subzone C. Industrial

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.39. - Subzone district regulations.

A.

Subzone A. Commercial retail/highway commercial office.

1.

Permitted uses.

(a)

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone A under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

i.

Uses lawfully established on the effective date of this Code;

(b)

The following uses are permitted in the subzone A district:

i.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted

ii.

Offices such as:

(1)

Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishment

(2)

Finance agency offices

(3)

Medical, optical and dental offices, legal, engineering, architectural and similar professional offices, accounting and bookkeeping service offices

(4)

Offices of miscellaneous business services such as stenographic services and business and management consulting services

(5)

Offices of non-profit organizations, such as professional organizations, civic, social and fraternal associations, political organizations and religious institutions

iii.

Governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district.

iv.

Municipal buildings and uses

v.

Businesses that offer a convenience goods and services to residents of the community such as:

(1)

Bank machine/ATM

(2)

Barber/beauty shop

(3)

Child day-care center

(4)

Club or lodge

(5)

Coffee shop

(6)

Copy center/print shop

(7)

Dance/aerobic gymnastic studio

(8)

Drug stores

(9)

Dry cleaning service

(10)

Electric appliance shops and repair

(11)

Fingernail salon

(12)

Fitness center/gym

(13)

Health spa

(14)

Ice-cream shop

(15)

Karate/marshal arts studio

(16)

Photographic studio

(17)

Plant nursery-(Retail)

(18)

Tailor

(19)

Tanning salon

(20)

Trade, business or commercial school

(21)

Video/dvd store

vi.

Service-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

vii.

Retail-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

viii.

Service-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

ix.

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

2.

Conditional uses.

(a)

Conditional uses, as hereinafter enumerated, may be allowed in subzone A district, subject to the issuance of a conditional use permit (cup) in accordance with the provisions of division 5 of this chapter.

(b)

The following conditional uses may be allowed in the subzone A district:

i.

Automobile fueling and or service stations.

ii.

Outdoor storage of material goods if screened.

iii.

Public utility.

iv.

Restaurant (sit down and fast food).

v.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

3.

Bulk regulations.

(a)

Setbacks.

Front: 20 feet
Side: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
Ten feet for all other properties
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
25 feet for all other properties
Corner
Side yard: 20 feet

 

(b)

Parking setbacks.

Front: Ten feet
Side: Five feet (Zero feet if two parcels gain site plan approval to utilize a shared parking lot)
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
15 feet for all other properties
Corner
Side yard: Ten feet

 

(c)

Height.

Maximum height shall be ten stories or 36 feet.

(d)

Impervious surface area.

Maximum impervious surface coverage shall be 75 percent.

4.

Accessory structures.

(a)

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

(b)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards.

All new buildings, structures, expansions, remodeling, and site plans shall conform to these design standards. Buildings in subzone A shall be designed for permanent, reduced or maintenance free materials, and may include, at minimum:

(a)

Exterior walls. The following shall be construed as permitted materials:

Natural brick

Masonry block (if approved by city council)

Stucco, smooth texture only, no cake icing

Stone

Fiber cement siding such as James Hardie products or approved equal.

Glass

Pre-cast concrete panels as approved by the city.

Treated/anodized metal for trim and accent

(b)

Roofs. Roofs can be pitched or flat and shall be constructed using the following standards:

Asphalt dimensional shingles 30 y[ea]r grade or better

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12.

Flat roof: Shall have decorative/accent trim

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays, browns, black except wood shingles and slate tiles may be their natural material color. Other colors may be permitted as approved by the city.

(c)

Screening.

i.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

ii.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

(d)

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

i.

One major shade trees, for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

ii.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 25 feet and a mature spread of at least 15 feet.

iii.

Five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

iv.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

v.

Screening—Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

(e)

Tree preservation . This entire development is considered to be a tree preservation area. All significant trees shall be preserved in accordance with the following procedures:

i.

For any construction or development that proposes to disturb any significant tree, a tree survey, prepared by a certified arborist, shall be completed by the applicant of the site plan approval indicating the location, size species and condition of all significant trees.

ii.

The survey prepared shall indicate all trees that will be removed due to the proposed construction.

iii.

All significant trees removed shall be replaced in accordance with section 52-142 of the Municipal Code of Watertown.

iv.

The tree survey shall indicate the limits of removal. The survey shall include provisions for and identify the location of protective fencing to protect the trees to be preserved.

(f)

Parking. Parking lots shall conform to the following:

i.

All parking areas shall be paved with bituminous paving to a nine ton standard and surrounded by six inches high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

ii.

Parking requirements for each use shall be determined by the city using accepted standards.

iii.

Parking areas shall conform to the setbacks established herein.

iv.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

(g)

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

B.

Subzone B. Commercial, light industrial.

1.

Permitted uses.

(a)

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone B under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

i.

Uses lawfully established on the effective date of this Code;

(b)

The following uses are permitted in the subzone B District:

i.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted.

ii.

Any of the permitted uses in the subzone A District.

iii.

Manufacturing and commercial uses such as:

(1)

Automobile repair or restoration

(2)

Wholesale florist or greenhouse

(3)

Contractor and construction supply shops conducted wholly within an enclosed building, including but not limited to plumbing, HVAC, roofing and electrical.

(4)

Light manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repairing of materials, goods or products with no outdoor storage.

(5)

Light manufacturing including outdoor storage of material goods and equipment if fully screened

(6)

Kennel

iv.

Service-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

v.

Retail-oriented adult use establishments, principal, as defined in section 47-4 and prescribed in section 47-23 of this Code.

vi.

Service-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

vii.

Retail-oriented adult use establishments, accessory, as defined in section 47-4 and prescribed in section 47-23 of this Code.

2.

Conditional uses.

(a)

Conditional uses, as hereinafter enumerated, may be allowed in subzone B district, subject to the issuance of a conditional use permit in accordance with the provisions of division 5 of this chapter.

(b)

The following conditional uses may be allowed in the subzone B district:

i.

Automobile fueling and or service stations

ii.

Antennas and communications towers

iii.

Outdoor storage of material goods with required screening

iv.

Public utility

v.

Restaurant (sit down and fast food)

vi.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

3.

Bulk regulations.

(a)

Setbacks.

Front: 20 feet
Side: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
Ten feet for all other properties
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
25 feet for all other properties
Corner
Side yard: 20 feet

 

(b)

Parking setbacks.

Front: Ten feet
Side: Five feet (Zero feet if two parcels gain site plan approval to utilize a shared parking lot)
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
15 feet for all other properties
Corner
Side yard: Ten feet

 

(c)

Height.

Maximum height shall be two stories or 36 feet.

(d)

Impervious surface area.

Maximum impervious surface coverage shall be 75 percent.

4.

Accessory structures.

(a)

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

(b)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards.

All new buildings, structures, expansions, remodeling, and site plans shall conform to these design standards. Buildings in subzone B shall be designed for permanent, reduced or maintenance free materials, and may include, at minimum:

(a)

Exterior walls. The following shall be construed as permitted materials:

Natural brick

Masonry block (if approved by city council)

Stucco, smooth texture only, no cake icing

Stone

Fiber cement siding such as James Hardie products or approved equal.

Glass

Pre-cast concrete panels as approved by the city.

Treated/anodized metal for trim and accent

(b)

Roofs. Roofs can be pitched or flat and shall be constructed using the following standards:

Asphalt dimensional shingles 30 y[ea]r grade or better

Metal, standing seam

Slate or rubber "slate" tile

Hipped and gabled roofs shall be pitched between 6:12 and 12:12.

Flat roof: Shall have decorative/accent trim

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays, browns, black except wood shingles and slate tiles may be their natural material color. Other colors may be permitted as approved by the city.

(c)

Screening.

i.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

ii.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

(d)

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

i.

One major shade trees, for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

ii.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 25 feet and a mature spread of at least 15 feet.

iii.

Five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

iv.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

v.

Screening. Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

(e)

Tree preservation. This entire development is considered to be a tree preservation area. All significant trees shall be preserved in accordance with the following procedures:

i.

For any construction or development that proposes to disturb any significant tree, a tree survey, prepared by a certified arborist, shall be completed by the applicant of the site plan approval indicating the location, size species and condition of all significant trees.

ii.

The survey prepared shall indicate all trees that will be removed due to the proposed construction.

iii.

All significant trees removed shall be replaced in accordance with section 52-142 of the Municipal Code of Watertown.

iv.

The tree survey shall indicate the limits of removal. The survey shall include provisions for and identify the location of protective fencing to protect the trees to be preserved.

(f)

Parking. Parking lots shall conform to the following:

i.

All parking areas shall be paved with bituminous paving to a 9 ton standard and surrounded by 6" high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

ii.

Parking requirements for each use shall be determined by the city using accepted standards.

iii.

Parking areas shall conform to the setbacks established herein.

iv.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

(g)

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

C.

Subzone C. Light industrial.

1.

Permitted uses.

(a)

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in subzone C under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

i.

Uses lawfully established on the effective date of this Code;

(b)

The following uses are permitted in the subzone C district:

i.

Any use not expressly permitted but consistent with the intent of the district which, by approval of the city council, shall be permitted.

ii.

Light industrial uses such as:

(1)

Contractors yard with a principle building or office

(2)

Scientific research facilities

(3)

Outdoor storage of material goods with required screening

(4)

Warehouse and wholesaling all commodities except live animals

(5)

Fabricating and manufacturing, production, processing and storage of material goods and products

2.

Conditional uses.

(a)

Conditional uses, as hereinafter enumerated, may be allowed in subzone C district, subject to the issuance of a conditional use permit in accordance with the provisions of section 62-124 of the Municipal Code of Watertown.

(b)

The following conditional uses may be allowed in the subzone C district:

i.

Automobile fueling and or service stations

ii.

Antennas and communications towers

iii.

Public utility

iv.

Restaurant (sit down and fast food)

v.

Commercial businesses such as on-sale or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business.

3.

Bulk regulations.

(a)

Setbacks.

Front: 20 feet
Side: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
Ten feet for all other properties
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
45 feet from residential property
25 feet for all other properties
Corner
Side Yard: 20 feet

 

(b)

Parking setbacks

Front: Ten feet
Side: Five feet (Zero feet if two parcels gain site plan approval to utilize a shared parking lot)
Rear: 35 feet if adjacent to State Highway 25
75 feet if adjacent to CSAH 122
15 feet for all other properties
Corner
Side Yard: Ten feet

 

(c)

Height.

Maximum height shall be two stories or 36 feet.

(d)

Impervious surface area.

Maximum impervious surface coverage shall be 75 percent.

4.

Accessory structures.

(a)

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the Municipal Code of Watertown. The following additional regulations apply:

All fences in the front or corner side yard shall provide, at minimum 85 percent opacity and shall be ornamental metal or approved equal. Chain link and wire fences shall not be permitted.

(b)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards. All new buildings, structures, expansions, remodeling, and site plans shall conform to these design standards. Buildings in subzone C shall be designed for permanent, reduced or maintenance free materials, and may include, at minimum:

(a)

Exterior walls. The following shall be construed as permitted materials:

Natural brick

Masonry block (if approved by city council)

Stucco, smooth texture only, no cake icing

Stone

Fiber cement siding such as James Hardie products or approved equal.

Glass

Pre-cast concrete panels as approved by the city.

Treated/anodized metal for trim and accent

(b)

Roofs. Roofs can be pitched or flat and shall be constructed using the following standards:

Asphalt dimensional shingles 30 y[ea]r grade or better

Metal, standing seam

Slate or rubber "slate" tile

Hipped and Gabled roofs shall be pitched between 6:12 and 12:12.

Flat roof: Shall have decorative/accent trim

Eaves should overhang between 16 inches and 30 inches on the principle structure

Rakes (gable end) must overhang between eight inches and 24 inches

Roof colors shall be light to dark grays, browns, black except wood shingles and slate tiles may be their natural material color. Other colors may be permitted as approved by the city.

(c)

Screening.

i.

Roof-mounted mechanical units, satellite dishes, or other similar equipment shall be screened from the public view by the extension of a parapet wall or other roof structure.

ii.

In the case where the parapet wall cannot feasibly screen the roof-mounted equipment, point-in-place or other appropriate screening shall be required. Such screening shall have similar design features as the building including materials, shape, and color considerations.

Understanding the operational requirements of satellite dishes and antennas, such units shall be screened to minimize the visual impact on surrounding properties.

(d)

Landscaping. A minimum of ten percent of site shall be landscaped. Landscaping shall consist of the following elements:

i.

One major shade trees, for every 40 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six feet and a minimum caliper of two inches.

ii.

For the purpose of these regulations, a major shade tree shall be a tree normally growing to a mature height of 25 feet and a mature spread of at least 15 feet.

iii.

Five shrubs for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

iv.

All areas not devoted to structures or parking and the impervious surface area required for each lot shall be covered or planted with grass, ground covers or other live landscape treatment, excluding paving or gravel.

v.

Screening. Landscaping may be used to satisfy screening requirements for outdoor storage of goods and equipment if approved by the city council.

(e)

Tree preservation. This entire development is considered to be a tree preservation area. All significant trees shall be preserved in accordance with the following procedures:

i.

For any construction or development that proposes to disturb any significant tree, a tree survey, prepared by a certified arborist, shall be completed by the applicant of the site plan approval indicating the location, size species and condition of all significant trees.

ii.

The survey prepared shall indicate all trees that will be removed due to the proposed construction.

iii.

All significant trees removed shall be replaced in accordance with section 52-142 of the Watertown Municipal Code.

iv.

The tree survey shall indicate the limits of removal. The survey shall include provisions for and identify the location of protective fencing to protect the trees to be preserved.

(f)

Parking. Parking lots shall conform to the following:

i.

All parking areas shall be paved with bituminous paving to a nine ton standard and surrounded by six inches high non-surmountable curb and gutter in compliance with the City of Watertown Engineering Standards and Specifications.

ii.

Parking requirements for each use shall be determined by the city using accepted standards.

iii.

Parking areas shall conform to the setbacks established herein.

iv.

The minimum number of off-street parking spaces for the uses prescribed herein shall be determined by section 62-516 of the Municipal Code of Watertown.

(g)

Signage. Signage shall be consistent in style and color throughout the subzone. In all other respects, signage shall be consistent with the regulations provided in chapter 48 of the Municipal Code of Watertown.

(Ord. No. 293, § 1, 2-13-07; Ord. No. 328, §§ 5, 6, 9-18-08)

Sec. 62-470.40. - Site plan approval required.

Site plan approval shall be required in accordance with section 62-611 through 62-622 of the Municipal Code of Watertown.

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.41. - Variances, appeals and amendments.

Requests for variances from the provisions of this division shall be administered as provided by section 62-141—62-144 Municipal Code of Watertown. However, a request for a variance must be accompanied by a recommendation from the operative business park association, if any, pertaining to the property that is the subject to the variance request.

(Ord. No. 293, § 1, 2-13-07)

Sec. 62-470.50.- Purpose and intent.

The purpose of the planned unit development Woodfield residential (PUD-W) zoning is to permit the development of residential uses of land while incorporating recognized pedestrian scale, personal character and quality, including low maintenance but architecturally significant building materials, porches and stoops, door and window locations and orientation in an affordable manner.

Buildings and structures are located to form and define a separation between the public space (streets) and the private areas (interior spaces and rear yards). Buildings with porches, stoops, and balconies contribute a personal character to the street, contribute to a safe neighborhood, and serve as a buffer between the public street and the private house interior and therefore are encouraged. House designs that include front facing garages are discouraged, as their impact on the street negates from the personal character desired.

(Ord. No. 295, § 1, 2-13-07)

Sec. 62-470.51. - General regulations.

No lot shall be subdivided subsequent to approval of a final plat.

Lot layout and design shall be consistent with an approved site plan, developed under the following regulations:

Buildings shall be located as depicted on the approved site plan. It is the goal of the zone to encourage a pedestrian oriented, walkable development, therefore, it is necessary that pedestrian oriented amenities and features shall be incorporated into the house and site design.

(Ord. No. 295, § 1, 2-13-07)

Sec. 62-470.52. - District regulations.

A.

Single family detached residential.

1.

Permitted uses.

Single family detached residence

2.

Conditional uses.

None

3.

Bulk regulations.

(a)

Build-to line.

Setback, front: The front building setback shall be 30 feet.

The front building setback of 25 feet shall be permitted if the garage is set back five feet (so that the garage is located no closer than 30 feet) from the front building plane (for garages facing the street).

The front building setback of 25 feet shall be permitted for the garage if the garage is side loaded (garage door(s) are perpendicular to the street). In this instance, the front building plane of the principal structure shall not encroach closer than 25 feet.

The front building setback of 20 feet shall be permitted if a porch is used as a feature on the front of the principal structure and the garage door encroaches no closer than 25 feet. To meet this requirement, the porch must include:

A minimum of six feet of depth, measured at the front door to the top of step(s), if any. Such porch shall provide a minimum of 16 feet of width or 80 percent of the front face of the house not including the garage.

(b)

Setback.

Side: Five feet
Rear: 20 feet
Corner side yard: 20 feet

 

(c)

Height.

Maximum height shall be 36 feet.

4.

Accessory structures.

(a)

Sheds. Accessory sheds may be permitted on the property, provided:

Maximum size is 120 square feet.

Max Height is 12 feet or one story.

Sheds shall be permanently mounted on a concrete slab at least four inches thick.

Sheds shall be finished of materials exactly like those of the principle structure, including, but not limited to shingles type and color, siding type and color.

(b)

Fences. Fences may be permitted on the property, as provided for in section 62-477 of the city Code. The following additional regulations apply:

All fences in the front or corner side yard shall provide at minimum 50 percent openness, meaning the open space shall be at least as wide as the picket width. Only black or brown vinyl coated chain link fence is permitted. All other fencing such as wood, iron, metal, aluminum or steel is allowed per section 62-477 of the city Code.

(c)

Other accessory structures. Other accessory structures may be constructed as permitted in section 62-477 of the Municipal Code of Watertown, provided such construction is not inconsistent with the purpose and intent of this chapter.

5.

Design standards. Principle buildings shall include, at minimum:

(a)

Porches. Although front porches are not required, if constructed, porches shall include materials such as:

Foundation walls and piers shall be constructed with one or more of the following materials: stucco, stone, split faces concrete block, or brick. Open foundations shall be enclosed by privacy lattice, one-inch max. openings.

Posts and piers shall be constructed with one or more of the following materials;

Wood, stone, stucco, brick.

Railings shall be constructed with one or more of the following materials: Wood, aluminum, or approved paintable alternative.

Porches shall have roofs, with supporting posts, piers, and/or columns.

(b)

Exterior walls. The following shall be construed as permitted materials and styles:

Brick

Wood Siding, including approved cement fiber products max 8" exposure

Stucco, smooth texture only, no cake icing

Stone

Steel

Aluminum

Vinyl .042 minimum thickness

Siding shall provide maximum five-inch lap exposure. When using steel or aluminum siding, a minimum of 25 percent of the non-glazed front facade shall be covered with brick or stone.

(c)

Roofs. The following shall be constructed as permitted materials and styles:

Asphalt dimensional shingles 30 y[ea]r grade or better or an equal or superior product approved in writing by the city.

Metal, standing seam

Wood shingles

Slate or rubber "slate" tile

Hipped and gabled roofs shall be symmetrically pitched between 6:12 and 12:12

Eaves should overhang between 16 inches and 30 inches on the principle structure.

Rakes (gable end) must overhang between eight inches and 24 inches.

Roof colors shall be light to dark grays except wood shingles and slate tiles may be their natural material color.

(d)

Garage doors. Garage doors when visible to public areas, including parks, trails, open space, and streets, must be designed and located to minimize the visual impact on the adjacent public areas, and blend into the design of the structure, using complementary colors, materials, and patterns as employed in the principle structure. Garage doors must include one of the following architectural features such as windows, accent trim which varies in color from the primary color of the garage door, painting the garage door using the same color as the principal structure, or a superior material that distinguishes itself from the surrounding home with written approval by the city.

(Ord. No. 295, § 1, 2-13-07)

Sec. 62-470.53. - Site plan approval required.

Site plan approval shall be required in accordance with sections 62-611 through 62-622 of the Municipal Code of Watertown.

(Ord. No. 295, § 1, 2-13-07)

Sec. 62-470.54. - Appeals, variances, and amendments.

Appeals and requests for variances and amendments from and to the provisions of this division shall be administered as provided by divisions 2, 6, and 7 of article ii of this chapter. However, a request for a variance must be accompanied by a recommendation from the owners association or other operative neighborhood association, if any, pertaining to the property that is the subject to the variance request. An amendment to the district shall not require a recommendation from the owners association.

(Ord. No. 295, § 1, 2-13-07)