1. Establishment. Overlay zoning districts may be established, amended or removed only in accordance with the zoning map amendment procedures of Section 24.16.030.
2. Interpretation. Overlay zoning district regulations apply in combination with underlying (base) zoning district regulations and all other applicable standards of this zoning ordinance. All applicable regulations of the underlying base zoning district apply to property in an overlay zoning district unless otherwise expressly stated. When overlay district standards conflict with standards that otherwise apply in the underlying, base zoning district, the regulations of the overlay zoning district govern.

1. Purpose. The /MAY, Mayfair Road Corridor Overlay district is intended to help protect the appearance and operational (transportation) function of the Mayfair Road corridor.
2. Minimum Building Height. Buildings within the /MAY Overlay district must be at least 2 stories and 24 feet in height.
3. Regional Mall Standards.
   1. Minimum Interior Side Setback and Rear Setback. Parcels associated with a regional mall are allowed 0 feet interior side setback and rear setback for parcel lines not adjacent to R-zoned property. When adjacent to R-zoned property, the minimum interior side setback and rear setback is 15 feet for buildings 50 feet in height and below, 25 feet for buildings 51 feet to 100 feet, and 50 feet for buildings 101 feet and above.
   2. Eating & Drinking Establishments. No Conditional Use is required for establishments with no separate entrance or seating.
   3. Minimum Lot Area Per Unit (square feet). Does not apply to parcels associated with a regional mall.
   4. Multi-unit residential building is a permitted use when part of a regional mall.
4. Drive-Through or Drive-In Facilities. Drive-through or drive-in facilities for restaurants, car washes, banks and gas stations require a conditional use permit for project sites that meet one or more the following criteria:
   1. Parcels with four hundred feet minimum of frontage along Mayfair Road.
   2. Corner parcels with two hundred fifty feet minimum of frontage along Mayfair Road and two hundred fifty feet minimum of frontage along the cross street.
   3. Parcel entrances with direct access to a traffic signal. Cross-access may be used to meet this criterion.
   If the parcel does not meet the criteria listed above, a drive-through facility on Mayfair Road is prohibited.
   
   If the parcel meets the criteria, the facility shall meet all development standards of the zone, unless otherwise specified in this section, and the site shall be designed in accordance with the following:
   1. Driveway throat lengths and internal cross-access locations must be designed to prevent back-ups onto sidewalks and streets at times of peak usage.
   2. Access locations must not negatively impact traffic flow, traffic safety, or pedestrian safety.
   3. A traffic impact analysis must be prepared and the findings accepted by both WisDOT and the city engineer or designee.
   4. Cross-access is strongly encouraged.
5. Residential Uses, Permitted. The following uses are permitted as of right in the /MAY Overlay:
   
   1. Mixed-Use, Vertical
      
   2. Multi-Unit Building, 5-12 units
      
   3. Multi-Unit Building, 13+ units
      
6. Attached and Semi-Detached Building Design Standards. See Section 24.14.045.
   

(Ord. O-13-17, § IV, 11-19-2013)

1. Purpose. The /NOR, North Avenue Overlay district regulations are intended to help implement the East Tosa North Avenue Plan.
2. Prohibited Uses. The following uses and activities are prohibited in the /NOR Overlay district:
   1. Automobile sales and leasing;
   2. Automobile storage services;
   3. Convenient cash businesses (Section 24.18.020);
   4. Gun shops;
   5. Outdoor storage of materials;
   6. Pawnbrokers;
   7. Drive-through and drive-in facilities, except existing restaurants with indoor seating and drive-through facilities legally established prior to November 21, 2013; and
   8. Retail sales of tobacco, electronic smoking devices and related products.
3. Build-to Line. No more than 50% of any new principal building may be set back more than 15 feet from the North Avenue right-of-way line.
4. Ground-Floor Glazed Area. The following requirements apply to all new construction and building additions.
   1. Windows or other glazed area must cover at least 50% of the public street-facing ground floor building wall. Darkly tinted, mirrored or highly reflective glazing may not be counted toward minimum glazed area requirements. On corner parcels, this 50% glazed area requirement applies only along the primary street. In the event that these minimum glazed area requirements conflict with city building (energy) code requirements, the building (energy) code governs.
   2. Glazed area requirements apply to that area of the ground floor building wall facing a public street up to the finished ceiling height of the first floor building space.
   3. Display windows that do not provide views into the interior of the building may be counted towards satisfying up to 50% of the minimum glazed area requirements, provided that they are internally illuminated and are at least 2 feet in depth.
   4. The bottom of any window or product display window used to satisfy these glazed area requirements may not be more than 30 inches above the finished grade of the first floor building space. Ground Floor Area. Nonresidential uses in the North Avenue Overlay district may not exceed a ground floor gross floor area of 5,000 square feet unless approved as a conditional use in accordance with Section 24.16.040.
5. Hours of Operation.
   1. Business hours of operation are restricted to 6:00 a.m. until 11:00 p.m. Additional hours of operation may be designated through the conditional use permit process, provided that the common council finds as follows:
      1. Additional hours fall within times that are reasonable and customary for that type of business; and
      2. Additional hours will not have a negative impact on adjacent residential, commercial or other properties.
   2. Businesses that were approved through the conditional use or special use approval process prior to November 8, 2006 for hours of operation outside the 6:00 a.m. to 11:00 p.m. time period may continue to operate with such hours of operation as long as the conditional use or special use permit remains in force.

(Ord. O-13-17, § V, 11-19-2013)

1. Purpose.
   1. General. The /PUD, Planned Unit Development Overlay district is intended to accommodate development that may be difficult if not impossible to carry out under otherwise applicable zoning district standards. Examples of the types of development that may benefit from the PUD overlay district include the following:
      1. Enhanced Protection of Natural Resource Areas. Developments that offer enhanced protection of natural resources and sensitive environmental features, including streams, water bodies, floodplains, wetlands, steep slopes and woodlands.
      2. Energy Conservation/Sustainability. Developments that achieve extremely high levels of energy conservation and developments that achieve extremely high levels of sustainability, as evidenced by commitment to attain at least LEED Gold or equivalent ratings by recognized green building organizations.
      3. Traditional Urban Development. Developments characterized by parcel configurations, street patterns, streetscapes and neighborhood amenities commonly found in urban neighborhoods platted or otherwise created before the 1950s.
      4. Mixed-use Development. Developments that contain a complementary mix of residential and nonresidential uses.
   2. Objectives. Different types of PUDs will promote different planning goals. In general, however, PUDs are intended to promote the following objectives:
      1. implementation of and consistency with the city's adopted plans and policies;
      2. flexibility and creativity in responding to changing social, economic and market conditions allowing greater public benefits than could be achieved using conventional zoning and development regulations;
      3. efficient and economical provision of public facilities and services;
      4. economic opportunity and environmental and social equity for residents;
      5. variety in housing types and sizes to accommodate households of all ages, sizes, incomes and lifestyle choices;
      6. compact, mixed-use development patterns where residential, commercial, civic and open spaces are located in close proximity to one another;
      7. a coordinated transportation system that includes an inter-connected hierarchy of facilities for pedestrians, bicycles and vehicles;
      8. compatibility of buildings and other improvements as determined by their arrangement, massing, form, character and landscaping;
      9. the protection and enhancement of open space amenities and natural resource features such as tree canopy, native vegetation, wetland and stream buffer area and hydric soils in the development design;
      10. the incorporation of sustainable development features including green infrastructure practices in landscapes and parking area, to maximize the aesthetic and water quality benefits of stormwater management practices; and
      11. attractive, high-quality landscaping, lighting, and architecture, including the use of native landscaping, that reflects the unique character of the development.
2. Procedure. PUDs must be reviewed and approved in accordance with the procedures of Section 24.16.050. Applications must be signed by all property owners of record.
3. Zoning Map. Approved PUDs must be identified on the zoning map by appending the map symbol "/PUD" as a suffix to the base zoning district classification, as in "R8/PUD."
4. Developer's Statement of Intent. Each PUD application must include a written explanation from the applicant describing the community benefits of the proposed development and how the proposed development provides greater benefits to the city than would a development carried out in accordance with otherwise applicable zoning ordinance standards. The statement must also include a comparison of the proposed development with the standards of the base zoning district.
5. Approval Criteria. A /PUD overlay zoning district may be approved only when the common council determines that the proposed PUD would result in a greater benefit to the city as a whole than would development under conventional zoning district regulations.
6. Standards Eligible for Modification. Unless otherwise expressly approved by the common council as part of the PUD approval process, PUDs are subject to all applicable standards of this zoning ordinance. The common council is authorized to approve PUDs that deviate from strict compliance with specified standards if they determine that the resulting development satisfies the approval criteria of Section 24.05.040E. PUDs may not deviate from compliance with Title 14 (Fire Prevention) or Title 15 (Buildings and Construction) of the city code of ordinances.
7. Allowed Uses. The uses to be allowed in a PUD must be identified as part of the PUD approval process along with all applicable conditions or supplemental use regulations that apply to such uses. Regardless of the underlying zoning, the common council may approve a mix of use types within a PUD as a means of accommodating mixed-use developments and developments with a broader range of housing types and housing options than allowed by the underlying zoning district.
8. Lot Size. Minimum lot area and width standards of the base zoning district may be reduced as part of the PUD approval, provided that lot sizes are adequate to safely accommodate all proposed buildings and site features.
9. Residential Density. The allowable residential density of the base zoning district may be changed if the common council determines that such a change is warranted to support the public benefit likely to result from the proposed development and that the resulting density can be supported by existing and planned public facilities and services.
10. Setbacks. The minimum setback standards of the base zoning district may be reduced as part of the PUD approval.
11. Height. The common council may allow an increase in allowable building heights if it determines that such an increase is warranted to support the public benefit likely to result from the proposed development.
12. Parking and Loading. Off-street parking and loading requirements may be modified when the common council determines that modified requirements are in keeping with projected parking and loading demand of the proposed development, that other means of meeting access demand will be provided or that the requested modifications will better meet the purpose of the PUD overlay.
13. Streets. Alternatives to otherwise "standard" street cross-sections and designs may be approved when the common council determines that such alternative designs would better meet the purpose of the PUD overlay, while still providing a safe and efficient traffic circulation system.

1. Purpose. It is declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character of special architectural or historic interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. The purposes of the historic overlay district and of all the historic preservation regulations of this zoning ordinance are as follows:
   1. effect and accomplish the protection, enhancement and perpetuation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history;
   2. safeguard the city's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts;
   3. foster civic pride in the notable accomplishments of the past;
   4. stabilize and improve property values;
   5. protect and enhance the city's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry;
   6. improve and enhance the visual and aesthetic character of the city; and
   7. educate the public regarding the need and desirability of a city historic preservation program and its enhancement of the quality of life.
2. Uses. The use regulations of the underlying zoning district govern. The /HIS overlay district does not impose any additional use restrictions.
3. Development/Design Standards.
   1. In establishing an /HIS district, the historic preservation commission and plan commission are authorized to propose and the common council is authorized to adopt, district-specific development and design standards to guide development and redevelopment within individual /HIS districts. When development and design standards have been established, each application for new construction or alteration of an existing building within the designated /HIS must comply with those standards.
   2. The following general development/design guidelines apply in /HIS districts unless otherwise expressly stated:
      1. all new structures should be constructed to a height visually compatible with the building and environment with which they are visually related;
      2. the gross volume of any new structure should be visually compatible with the buildings and environment with which it is visually related;
      3. in the street elevation of a building, the proportion between the width and height in the facade should be visually compatible with the building and environment with which it is visually related;
      4. the proportions and relationships between doors and windows in the street facade should be visually compatible with the buildings and environment with which it is visually related;
      5. the rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related;
      6. the existing rhythm created by existing buildings masses and spaces between the buildings should be preserved;
      7. the materials used in the final facade should be visually compatible with the buildings and environment with which it is visually related;
      8. the texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related;
      9. colors and patterns used on the facade (especially trim) should be visually compatible with the buildings and environment with which it is visually related;
      10. the design of the roof should be visually compatible with the buildings and environment with which it is visually related;
      11. the landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related;
      12. the street facade should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected; and
      13. architectural elements should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
4. Maintenance Requirements.
   1. The maintenance requirements of this subsection are established to prevent the demolition of a building, structure or improvement by neglecting it and permitting damage to it by weather or vandalism. For the purpose of these provisions, "improvement" means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.
   2. Historic structures, historic sites and improvements in an historic district must be maintained consistent with the provisions of this zoning ordinance. Maintenance requirements include keeping in good repair all exterior portions of structures, sites and improvements and all interior portions that, if not maintained, may cause the exterior portions to fall into a state of disrepair, including but not limited to:
      1. The deterioration of exterior walls or other vertical supports;
      2. The deterioration of roofs or other horizontal members;
      3. The deterioration of external chimneys;
      4. The deterioration or crumbling of exterior plasters or mortar;
      5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;
      6. The peeling of paint, rotting, holes and other forms of decay;
      7. The deterioration of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping;
      8. The deterioration of any features so as to create or permit the creation of any hazardous, unsanitary or unsafe conditions;
      9. All interior portions thereof which may cause the exterior to deteriorate or become damaged or otherwise to fall into a state of disrepair.
5. Other Codes and Ordinances. Insofar as they are applicable to a historic structure, historic site or improvement in a historic district, any provision of the plumbing code, the minimum housing and property maintenance code, building code, heating, ventilating and air conditioning code and outdoor signs and outdoor advertising structures regulations of the general ordinances may be varied or waived, on application, by the board having such jurisdiction over such regulations, provided such variance or waiver does not endanger public health or safety.
6. Establishment of /HIS Overlay Districts. Historic overlay districts may be established only in accordance with the procedures of Section 24.16.090.
7. Requirement for a Certificate of Appropriateness. The review and approval procedures and criteria for issuing certificates of appropriateness within designated /HIS districts are specified in Section 24.16.100.
8. Recognition of Historic Structures, Sites and Districts. Once an historic structure, site or district has been properly designated, the historic preservation commission may cause to be prepared and erected on the property, a suitable plaque declaring that the property is a historic structure, site or district. Plaques must be placed so that they are clearly visible to passing pedestrians. The plaque must state the accepted name of the historic property, the date of its construction of significance, and other information that the historic preservation commission deems appropriate.