Weston Marathon County
City Zoning Code

ARTICLE 94

6 OVERLAY ZONING DISTRICTS

Sec 94.6.01 Purpose And Application Of Overlay Districts

Purpose. The purpose of this Article is to establish and convey overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard or special zoning districts set forth in Articles 2 and 14 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying standard or special zoning district.
Representation on Zoning Map. Except where otherwise stated, the overlay zoning districts described in this Article are represented on the Official Zoning Map (or on a separate Official Overlay Zoning Map). The boundaries or presence of each overlay zoning district may be amended via the rezoning procedure in Section 94.16.03.
Other Overlay Zoning Districts. Floodplain, shoreland, and shoreland-wetland overlay zoning districts are described in separate articles of this Chapter, as each is adopted, maintained, enforced, and from time to time amended under unique state statutory requirements.

HISTORY
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.02 D Design Overlay District

Description and Purpose. The D Design overlay district is intended to codify unique and specific site and building design standards to preserve and enhance the appearance, character, and property values of key districts within the Village. The unique design standards applicable within each D district are either included in this section or within separate plans or ordinances duly adopted by the Village Board, as indicated in this section.
D Design Overlay District Boundaries. The boundaries of each D overlay district are as depicted on the Official Zoning Map and/or Official Overlay Zoning Map. A unique suffix is applied to each D district related to its geographic area or district name.
Established D Design Overlay Districts. The following D Design overlay districts, and documents within which design standards are located, are as follows:
1. D-CONDO Condominium Overlay. The Village Board hereby exercises the authority set forth in Wis. Stat. § 703.27 in the regulation of condominiums. This Chapter does not impose a greater burden or restriction and does not provide a lower level of service to a condominium than would be imposed or is imposed if the condominium ownership were under a different form of ownership.
  1. Rezoning to the D-CONDO district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a condominium plat and site plan meeting the requirements of Section 94.16.09.
  2. No use or structure in the D-CONDO district shall be established, maintained, or expanded except in conformity with a condominium plat and site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved condominium plat and site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Within the D-CONDO overlay district, the only permitted uses shall be residences in the condominium form of ownership, Community Garden, Passive Outdoor Public Recreation, Active Outdoor Public Recreation, Public Service or Utility, Community Living Arrangement (1-8 residents), Detached Accessory Structure (for Residential Use), Family Day Care Home (4-8 children), Home Occupation, and Private Lake (Pond).
  4. Density, Intensity and Bulk Regulations in Article 5 shall be applied to each development within the D-CONDO district to the extent determined practical by the Village approval authority at the time of rezoning to the D-CONDO district, or subsequent condominium plat and site plan amendment approved by the Village.
  5. Each D-CONDO district shall be no less than two acres in area.
  6. Each interior condominium site shall be at least 24 feet in width. Each condominium site located on a corner of a public street shall be at least 48 feet in width. Each interior condominium site that is intended to be at the end of a row of attached condominium units shall be at least 34 feet wide.
  7. Each condominium development shall not exceed a density of seven dwelling units per acre, not including street rights-of-way and stormwater detention areas.
  8. No more than four condominium units shall be built in a row having the same building line. In a condominium building having more than four dwelling units, the required minimum offset in the building line shall be three feet. No single condominium building shall exceed 250 feet in any horizontal dimension.
2. D-RT Rail-to-Trail Overlay. This district is intended to establish unique controls for lands, buildings, and uses adjacent to the Mountain Bay Trail and other potential “rail-to-trail” conversions in the Village, while still providing for an appealing environment for recreational use of the trail. This district promotes coordinated site planning as a means to achieve flexibility from certain provisions normally applicable to development in the underlying standard zoning district.
  1. Rezoning to the D-RT overlay district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a site plan meeting the requirements of Section 94.16.09, along with a written explanation of why D-RT zoning is desired and how the standards of this subsection will be met.
  2. No use in the D-RT district shall be established, maintained, or expanded except in conformity with a site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Specific lot size, density, open space, building location, height, size, floor area, screening and other such requirements within each site zoned D-RT shall be based upon determination as to their appropriateness to the proposed uses or structures as they relate to the total environmental concept of the development, and consistent with the purpose of this Chapter. The D-RT district does not allow any greater range of land uses than that allowed within the underlying standard zoning district.
  4. Design of and relative to adjoining properties, streets, sidewalks, street lighting, storm drainage, lot size, lot arrangement, screening, or other elements of the site development shall be based upon determination as to the appropriate standards necessary to effectively implement the specific function in the specific situation, and compatible with the trail. In no case shall minimal standards be less than those necessary to protect the public health, safety and welfare in the determination of the Village.
  5. The site plan shall be prepared with competent professional advice and guidance and shall produce significant benefits in terms of improved environmental design in the determination of the Village approval authorities.
  6. The site plan shall reflect sensitive consideration of the physical nature of the site with particular concern for conservation of natural features, preservation of open spaces, careful consideration of terrain and landscaping which protects and enhances the recreational use of the trail, and proper drainage and preservation of natural terrain wherever appropriate.
  7. The site plan shall serve to implement the spirit and intent of the Village’s Comprehensive Plan and Parks and Open Space Plan, especially as related to preservation of conservation and recreation areas, creation of common open spaces, and establishment of a diversified and interesting development pattern.
  8. The proposed design shall be functional in terms of circulation, parking, emergency services, delivery of other services and utilities, and snowplowing. Applicable building and site design, landscaping, and performance standards within Articles 10 through 12 shall be met, except where specifically waived or modified by the Plan Commission.
3. D-CC Commercial Corridor Overlay. The purpose of the D-CC overlay district is to establish a greater development design requirements along the most highly traveled, utilized, and visited roadway corridors in the Village. The objectives are to achieve a more unified vision and development form along these corridors, promote orderly and comprehensive development proposals, direct site and building designs that will stand the test of time, enhance the image of and entryway experiences in the Village, facilitate motor vehicle, bike, and pedestrian movement, enhance the surrounding neighborhoods, and create a unique sense of place. See definition of placemaking in Section 94.17.04. Single-family and two-family dwellings are exempt from the requirements of the D-CC district, and may not benefit from the bonus densities or setbacks if in this overlay district.
  1. The maximum allowable floor area ratio (FAR) in the D-CC overlay zone may exceed that allowed in the base zoning district under Figure 5.02(1), per the following schedule (totals are additive):
    1. Add 0.5 FAR if outdoor recreational, leisure, plazas, dining, activity, or other similar space is incorporated into the development, not including space in parking lots;
    2. Add 0.5 FAR if one or more buildings in the development includes residential uses combined with commercial service, retail, office, and/or institutional uses;
    3. Add 0.25 FAR if development includes residential uses in separate buildings from commercial service, retail, office, and/or institutional uses on the same site. Add 0.50 FAR if development includes other features to mitigate the impact of greater density on the environment, in the opinion of the Zoning Administrator, such as graduated setbacks of upper stories, exceptional building transparency (windows), pervious pavement, and vegetative or active roofs.
  2. Where the base zoning district is INT, B-2, B-3, or B-P, the minimum required setback from the principal building to the front and street side lot lines shall be building setbacks in Figure 5.02(2) shall be reduced to 15 feet.
  3. The maximum required setback from each new principal building to the front lot line shall be 40 feet, except for multiple building developments where at least 50% of the street frontage is occupied by buildings that meet this requirement.
  4. All loading and service areas shall be orientated away from all street frontages. In cases where the parcel is surrounded by right-of-way on three or more sides, this requirement may be waived; however, any such area shall be screened by a landscaped bufferyard as established in Section 94.11.02(3)(d) or by a wall or fence as described below.
  5. Parking lots shall be orientated to the rear and/or side of the buildings, and not closer to the front lot line than the principal building except in multiple building developments where at least 50% of the street frontage is occupied by buildings.
  6. Parking facilities within a parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation. Applicants shall make an application to the Zoning Administrator for authorization for shared parking. Applicants shall include a draft of the easement establishing formal shared-parking between the applicant and all affected property owners. Shared parking arrangements may be approved by the site plan approval authority upon determination that the above stated off-street parking requirements for each use are met during said use's operational hours.
  7. Buildings and parking lots shall be orientated to facilitate and protect pedestrian movement, such as via a pedestrian plaza or promenade. All public and employee building entryways shall be connected via walkways to parking lots.
  8. Wherever practical in the determination of the Zoning Administrator, public roadway access shall be shared, and cross-access driveways and pedestrian ways shall be provided, between adjoining properties.
  9. All utility systems including, but not limited to water, electric, gas, sewer, storm water, telephone, fiber optics servicing the site, shall be installed underground.
  10. Wall and fences between the street side landscaping area and the building shall not exceed 3 feet in height unless used to screen public plazas, patios, outdoor dining areas or similar permitted outdoor uses in conformance with Section 94.4.05(11). Materials and design of all walls and fences shall be consistent with the architectural theme and materials of the building.
  11. Materials and design of all walls, fences, refuse and recycling enclosures, signs, and exterior lighting shall be unified across the site and consistent with the architectural theme of the building. No wall, fence, or enclosure shall exceed 6 feet in height. Roofed enclosures may exceed this limit but shall be no higher than 10 feet in height.
  12. If specified in an adopted element of the Village’s Comprehensive Plan for the particular geographic area in which the development is proposed, building, site, landscaping and other design components of the proposed development shall conform to the standards in that Comprehensive Plan element.
  13. The Plan Commission may approve a waiver or modification to one or more of the above requirements where it finds such requirement(s) would create practical difficulties in the development of the site and compensating design elements are incorporated.

HISTORY
Amended by Ord. 15-005 on 5/22/2015
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Description and Purpose. The Village depends exclusively on ground water for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of this Section is to institute land use regulations and restrictions to protect the Village’s municipal water supply and well fields, and to promote the public health, safety, and general welfare of the residents, employees, and visitors of the Village. The restrictions imposed in this Section are in addition to those of the underlying standard or special zoning district or any other provisions of this Chapter. This section is established under the authority of Wis. Stat. § 62.23(7)(a) and (c) and Wis. Admin. Code NR Chapter 811.
Wellhead Protection Area Overlay District Boundaries. The regulations of this Section shall apply to land within Wellhead Protection Area district boundaries mapped as “WHP” on the Official Zoning Map and/or Official Overlay Zoning Map. The WHP district is further divided into WHP-A and WHP-B, on the Map, indicating different zones of groundwater contribution to the associated well. WHP-A indicates one-year time of travel to the wellhead (Zone A); WHP-B indicates five year time of travel (Zone B). The list of conditional and prohibited uses in the WHP district varies depending on whether the property is in WHP-A or WHP-B per Figure 6.03.
Separation Distance Requirements. Minimum separation distances listed in Wis. Admin. Code NR Chapter 811 shall be maintained between the well and other potential sources of contamination, per Wis. Admin. Code NR §811.12(5)(d), where such potential sources of contamination were not in existence on the date that the district was first mapped on the Official Zoning Map or Official Overlay Zoning Map in that area and were not in continuous operation following that date. Such potential sources of contamination include, but may not be limited to:
1. Emergency or standby power system.
2. Storm water retention or detention pond.
3. Storm sewer main.
4. Sanitary sewer main, manhole, lift station.
5. Storage tank for gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
6. Private on-site wastewater treatment system tank or dispersal component.
7. Cemetery.
8. Land application of municipal, commercial, or industrial waste.
9. Agricultural, industrial, commercial or municipal waste water treatment plant, treatment units, lagoons, or storage structures.
10. Manure stacks or storage structures.
11. Solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility.
12. Sanitary landfill.
13. Any property with residual groundwater contamination that exceeds NR 140 enforcement standards.
14. Salt or deicing material storage area.

Conditional and Prohibited Uses. Figure 6.03 lists land uses that are conditional and prohibited (restricted) land uses within the different WHP districts, with a “C” indicating conditional status and a “R” indicating prohibited (or restricted) status. The land uses listed as conditional uses within a particular Wellhead Protection Area overlay district are only allowed if such uses are also listed as permitted or conditional uses in the underlying standard zoning district (See Figures 3.04 and 3.05). Uses marked with a “P” and other uses not listed below are permitted by right in the associated Wellhead Protection Area overlay district, provided that such uses are also permitted by right in the underlying standard zoning district. Any of the following uses that are not allowed in the underlying standard zoning district, per Figures 3.04 and 3.05, may not be established in the Wellhead Protection Area district that overlays that standard zoning district. All uses shall be further subject to the separation standards in subsection (3). Existing potential sources of contamination and land uses as of March 18, 2015 shall be permitted to continue subject to the requirements in subsection (6) below.

Figure 6.03: Conditional (C), Prohibited (R), and Permitted (P) Uses in WHP Overlay Districts

Land Use	Status in WHP-A District	Status in WHP-B District
Animal confinement facilities	R	C
Asphalt products manufacturing plants	R	C
Automobile fueling, service, painting, repair, and/or maintenance facilities	C	P
Building materials and product sales	C	P
Buried or exposed hydrocarbon- or hazardous chemical storage tanks. Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370, but not including residential LP gas tanks.	R	C
Car Washes	C	P
Cartage and express facilities	C	P
Cemeteries	C	C
Center-pivot or other large-scale irrigated agriculture operations	C	C
Chemical storage, sale, processing, and/or manufacturing facilities	C	C
Coal storage facilities	R	R
Composting and post-consumer material recycling and storage facilities	C	C
Dry cleaning establishments	R	C
Dumping or disposing of garbage, refuse, trash, or demolition material, including landfills but excluding composting and post-consumer recycling and storage facilities	R	R
Electronic circuit assembly plants	C	P
Electroplating plants	C	P
Exterminating shops	R	P
Fertilizer or pesticide manufacturing or storage, facilities	R	C
Foundries and forge plants	C	C
Industrial liquid waste storage areas, indoor.	C	C
Industrial waste storage facilities, outdoor, such as industrial lagoons and pits	R	R
Junk yards and salvage yards	R	C
Manure and animal waste storage facilities, except for animal waste storage facilities regulated by Marathon County	R	C
Metal plating, reduction, and/or refinement plants	C	P
Mineral extraction operations	C	C
Motor and machinery service and assembly shops	C	C
Motor freight terminals, rail yards	C	C
Petroleum products processing	R	C
Pharmaceuticals manufacturing	C	C
Photography studios involving the developing of film and pictures (digital excluded)	C	P
Plastics manufacturing	C	P
Printing and publishing establishments	C	C
Private on-site wastewater treatment systems designed for 12,000+ gallons per day flow	C	C
Private on-site wastewater treatment systems on new lots under 20,000 square feet	C	P
Pulp and paper manufacturing	C	C
Rendering plants and slaughterhouses	R	R
Salt or de-icing storage facilities	C	C
Septage, wastewater, or sewage spreading, storage, treatment or disposal, outdoor, except for lagoons and pits exclusively for industrial use	R	C
Storage, manufacturing or disposal of toxic or hazardous materials not otherwise listed	R	C
Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Wis. Admin. Code NR Chapter 140. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)	R	R
Underground petroleum products storage tanks, and above-ground petroleum product storage tanks greater than 660 gallons. All new or replaced tanks shall also be installed in compliance with Wis. Admin. Code SPS Chapter 10.	C	P
Woodworking, wood preserving, and wood products manufacturing	C	P

Conditional Use Permit Application Review Requirements.
1. Application. In addition to conditional use permit application requirements in Section 94.16.06, the request shall include an environmental impact study or environmental assessment prepared by a licensed environmental engineer. Said report shall be forwarded to an engineer designated by the Village for recommendation and final decision by the Village. The applicant shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
2. Criteria. General criteria for conditional use permit approval are included within Section 94.16.06(7). In its consideration of conditional use permit applications for one of the listed conditional uses in subsection (4) within the associated Wellhead Protection Area overlay district, the Plan Commission shall also consider the following additional criteria:
  1. The Village's responsibility as a public water supplier to protect and preserve public health, safety and welfare.
  2. The potential of the proposed use to seriously threaten or degrade groundwater quality.
  3. The availability of alternative uses, locations, and operational characteristics, and the cost, effect, and extent of availability of such alternatives.
  4. The proximity of the applicant's property to other potential sources of contamination or vulnerable activities or uses.
  5. The then-existing condition of the associated well, well field, well recharge area, and the vulnerability to further contamination.
  6. The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table, and location of private wells.
  7. The zone of contribution for, or distance from, the associated well within which the proposed use is located.
  8. Any other hydrogeological data or information which is available from any public or private agency or organization.
  9. The potential benefit, both economic and social, from the approval of the application.
3. Approval Conditions. In its approval of any conditional use permit within the Wellhead Protection Area overlay district, the Plan Commission may impose conditions to provide:
  1. Environmental and/or safety monitoring to indicate whether the potential sources of contamination may be emitting any contaminants.
  2. A financial guarantee in a form and amount determined by the Village for future monitoring and cleanup costs.
  3. Any requirement authorized for existing potential sources of contamination and land uses under subsection (6).
Requirements for Existing Potential Sources of Contamination and Land Uses.
1. At the request of the Zoning Administrator, existing potential sources of contamination and land uses, as defined under Section 94.17.04, shall provide to the Village copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results.
2. Existing potential sources of contamination and land uses shall provide additional environmental or safety monitoring as deemed necessary by the Village Board, including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
3. Existing potential sources of contamination and land uses, when upgrading or expanding, shall replace equipment or expand in a manner that improves existing environmental and safety technologies and performance. Before such operations upgrade or expand, the owner or operator may be required to obtain conditional use permit and/or site plan approval under this Chapter. If a conditional use under this Section, the operation would be required to comply with all applicable provisions of this Section, to the extent determined practical by the designated Village approval authority.
4. At the request and to the satisfaction of the Zoning Administrator, existing potential sources of contamination and land uses shall prepare and file with the Village, a contingency plan for unexpected release of contaminants or other emergency events.
5. Property owners with an existing agricultural use are exempt from requirements of this section as they relate to restrictions on agricultural uses, but such exemption shall only apply to operations in existence as of the date that the Wellhead Protection Area district was first mapped on the Official Zoning Map in that area, and continually operating after that date.
Violations and Compliance. In the event an individual and/or potential source of contamination within the Wellhead Protection Area district causes the release of any contaminants which endanger the public, in the determination of the Village, the individual and/or potential source of contamination causing said release shall immediately cease and desist and initiate clean-up satisfactory to the Village and the other State and Federal regulatory agencies. The person or other entity who releases such contaminants and the person who owns the potential source of contamination whereon the contaminants have been released shall be jointly and severally responsible for the cost of clean-up, consultant or other contractor fees, and all administrative costs for oversight, review and documentation, including for Village employees, contractors, equipment, and mileage. Following any such release, the Village may require additional environmental and/or safety monitoring. As a substitute for or in addition to any other action authorized above and under Section 94.16.19, the Village may commence legal action against the individual and/or potential source of contamination to recover the costs, together with the costs of prosecution.

HISTORY
Amended by Ord. 16-005 - 94.6.3(4) on 4/20/2016
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.04 AH Airport Height Limitation Overlay District

Description and Purpose. The AH Airport Height Limitation Overlay District is intended to regulate the height of structures relative to air travel associated with the Wausau Downtown Airport, in order to protect the public health, safety, and welfare of airport users and residents and employees within the surrounding area. In addition to the standards in this Section, lands within the AH district may also subject to the regulations set forth in Title 22 of the City of Wausau Municipal Code.
AH Airport Height Limitation Overlay District Boundaries. The AH District extends to many areas under the geographic jurisdiction of this Chapter, limiting the height and use of structures within such jurisdiction. As such, the AH district may not be shown on the Village’s Official Zoning Map and/or Official Overlay Zoning Map. The map listed in subsection (3)(a) serves as the official height limitation zoning map.
AH Airport Height Limitation Overlay District Requirements.
1. The maximum height above mean sea level of all new or expanded structures shall be as indicated on the Height Limitation Zoning Map, Wausau Downtown Airport, Wausau, WI (Wisconsin Bureau of Aeronautics) dated December 6, 2007, as from time to time amended. The Zoning Administrator may permit a greater height than specified by such Map, if such greater height is favorably recommended by the Bureau of Aeronautics. This requirement shall not be applied retroactively to any structure lawfully erected before December 6, 2007, except if a subsequent vertical expansion of such a structure is sought.
2. Prior to issuing or authorizing a zoning permit or building permit, the Zoning Administrator may require any information deemed necessary to make a determination regarding compliance with the requirements of AH district (such as exact height, location, and current and finished ground elevation of the structure) and/or refer the application to the airport owner or operator or the Wisconsin Bureau of Aeronautics for recommendation. If the Zoning Administrator elects to refer the application, the normally required timeframe for issuing a zoning permit or building permit under this Chapter and the Building Code shall be extended by ten days.
3. No use may be made in the AH district that causes interference with radio or electronic facilities associated with the airport and any lighting that makes it difficult to distinguish airport lights, results in glare in pilot’s eyes, or otherwise impairs visibility.
4. Other than any use that meets the criteria in subsection (c), all allowable uses and structures within the AH District shall comply with all other applicable standards of the underlying standard zoning district and any other applicable overlay district requirements with regard to use and all other requirements.

21-011

15-005

16-005

Weston Marathon County
City Zoning Code

ARTICLE 94

6 OVERLAY ZONING DISTRICTS

Sec 94.6.01 Purpose And Application Of Overlay Districts

Purpose. The purpose of this Article is to establish and convey overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard or special zoning districts set forth in Articles 2 and 14 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying standard or special zoning district.
Representation on Zoning Map. Except where otherwise stated, the overlay zoning districts described in this Article are represented on the Official Zoning Map (or on a separate Official Overlay Zoning Map). The boundaries or presence of each overlay zoning district may be amended via the rezoning procedure in Section 94.16.03.
Other Overlay Zoning Districts. Floodplain, shoreland, and shoreland-wetland overlay zoning districts are described in separate articles of this Chapter, as each is adopted, maintained, enforced, and from time to time amended under unique state statutory requirements.

HISTORY
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.02 D Design Overlay District

Description and Purpose. The D Design overlay district is intended to codify unique and specific site and building design standards to preserve and enhance the appearance, character, and property values of key districts within the Village. The unique design standards applicable within each D district are either included in this section or within separate plans or ordinances duly adopted by the Village Board, as indicated in this section.
D Design Overlay District Boundaries. The boundaries of each D overlay district are as depicted on the Official Zoning Map and/or Official Overlay Zoning Map. A unique suffix is applied to each D district related to its geographic area or district name.
Established D Design Overlay Districts. The following D Design overlay districts, and documents within which design standards are located, are as follows:
1. D-CONDO Condominium Overlay. The Village Board hereby exercises the authority set forth in Wis. Stat. § 703.27 in the regulation of condominiums. This Chapter does not impose a greater burden or restriction and does not provide a lower level of service to a condominium than would be imposed or is imposed if the condominium ownership were under a different form of ownership.
  1. Rezoning to the D-CONDO district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a condominium plat and site plan meeting the requirements of Section 94.16.09.
  2. No use or structure in the D-CONDO district shall be established, maintained, or expanded except in conformity with a condominium plat and site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved condominium plat and site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Within the D-CONDO overlay district, the only permitted uses shall be residences in the condominium form of ownership, Community Garden, Passive Outdoor Public Recreation, Active Outdoor Public Recreation, Public Service or Utility, Community Living Arrangement (1-8 residents), Detached Accessory Structure (for Residential Use), Family Day Care Home (4-8 children), Home Occupation, and Private Lake (Pond).
  4. Density, Intensity and Bulk Regulations in Article 5 shall be applied to each development within the D-CONDO district to the extent determined practical by the Village approval authority at the time of rezoning to the D-CONDO district, or subsequent condominium plat and site plan amendment approved by the Village.
  5. Each D-CONDO district shall be no less than two acres in area.
  6. Each interior condominium site shall be at least 24 feet in width. Each condominium site located on a corner of a public street shall be at least 48 feet in width. Each interior condominium site that is intended to be at the end of a row of attached condominium units shall be at least 34 feet wide.
  7. Each condominium development shall not exceed a density of seven dwelling units per acre, not including street rights-of-way and stormwater detention areas.
  8. No more than four condominium units shall be built in a row having the same building line. In a condominium building having more than four dwelling units, the required minimum offset in the building line shall be three feet. No single condominium building shall exceed 250 feet in any horizontal dimension.
2. D-RT Rail-to-Trail Overlay. This district is intended to establish unique controls for lands, buildings, and uses adjacent to the Mountain Bay Trail and other potential “rail-to-trail” conversions in the Village, while still providing for an appealing environment for recreational use of the trail. This district promotes coordinated site planning as a means to achieve flexibility from certain provisions normally applicable to development in the underlying standard zoning district.
  1. Rezoning to the D-RT overlay district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a site plan meeting the requirements of Section 94.16.09, along with a written explanation of why D-RT zoning is desired and how the standards of this subsection will be met.
  2. No use in the D-RT district shall be established, maintained, or expanded except in conformity with a site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Specific lot size, density, open space, building location, height, size, floor area, screening and other such requirements within each site zoned D-RT shall be based upon determination as to their appropriateness to the proposed uses or structures as they relate to the total environmental concept of the development, and consistent with the purpose of this Chapter. The D-RT district does not allow any greater range of land uses than that allowed within the underlying standard zoning district.
  4. Design of and relative to adjoining properties, streets, sidewalks, street lighting, storm drainage, lot size, lot arrangement, screening, or other elements of the site development shall be based upon determination as to the appropriate standards necessary to effectively implement the specific function in the specific situation, and compatible with the trail. In no case shall minimal standards be less than those necessary to protect the public health, safety and welfare in the determination of the Village.
  5. The site plan shall be prepared with competent professional advice and guidance and shall produce significant benefits in terms of improved environmental design in the determination of the Village approval authorities.
  6. The site plan shall reflect sensitive consideration of the physical nature of the site with particular concern for conservation of natural features, preservation of open spaces, careful consideration of terrain and landscaping which protects and enhances the recreational use of the trail, and proper drainage and preservation of natural terrain wherever appropriate.
  7. The site plan shall serve to implement the spirit and intent of the Village’s Comprehensive Plan and Parks and Open Space Plan, especially as related to preservation of conservation and recreation areas, creation of common open spaces, and establishment of a diversified and interesting development pattern.
  8. The proposed design shall be functional in terms of circulation, parking, emergency services, delivery of other services and utilities, and snowplowing. Applicable building and site design, landscaping, and performance standards within Articles 10 through 12 shall be met, except where specifically waived or modified by the Plan Commission.
3. D-CC Commercial Corridor Overlay. The purpose of the D-CC overlay district is to establish a greater development design requirements along the most highly traveled, utilized, and visited roadway corridors in the Village. The objectives are to achieve a more unified vision and development form along these corridors, promote orderly and comprehensive development proposals, direct site and building designs that will stand the test of time, enhance the image of and entryway experiences in the Village, facilitate motor vehicle, bike, and pedestrian movement, enhance the surrounding neighborhoods, and create a unique sense of place. See definition of placemaking in Section 94.17.04. Single-family and two-family dwellings are exempt from the requirements of the D-CC district, and may not benefit from the bonus densities or setbacks if in this overlay district.
  1. The maximum allowable floor area ratio (FAR) in the D-CC overlay zone may exceed that allowed in the base zoning district under Figure 5.02(1), per the following schedule (totals are additive):
    1. Add 0.5 FAR if outdoor recreational, leisure, plazas, dining, activity, or other similar space is incorporated into the development, not including space in parking lots;
    2. Add 0.5 FAR if one or more buildings in the development includes residential uses combined with commercial service, retail, office, and/or institutional uses;
    3. Add 0.25 FAR if development includes residential uses in separate buildings from commercial service, retail, office, and/or institutional uses on the same site. Add 0.50 FAR if development includes other features to mitigate the impact of greater density on the environment, in the opinion of the Zoning Administrator, such as graduated setbacks of upper stories, exceptional building transparency (windows), pervious pavement, and vegetative or active roofs.
  2. Where the base zoning district is INT, B-2, B-3, or B-P, the minimum required setback from the principal building to the front and street side lot lines shall be building setbacks in Figure 5.02(2) shall be reduced to 15 feet.
  3. The maximum required setback from each new principal building to the front lot line shall be 40 feet, except for multiple building developments where at least 50% of the street frontage is occupied by buildings that meet this requirement.
  4. All loading and service areas shall be orientated away from all street frontages. In cases where the parcel is surrounded by right-of-way on three or more sides, this requirement may be waived; however, any such area shall be screened by a landscaped bufferyard as established in Section 94.11.02(3)(d) or by a wall or fence as described below.
  5. Parking lots shall be orientated to the rear and/or side of the buildings, and not closer to the front lot line than the principal building except in multiple building developments where at least 50% of the street frontage is occupied by buildings.
  6. Parking facilities within a parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation. Applicants shall make an application to the Zoning Administrator for authorization for shared parking. Applicants shall include a draft of the easement establishing formal shared-parking between the applicant and all affected property owners. Shared parking arrangements may be approved by the site plan approval authority upon determination that the above stated off-street parking requirements for each use are met during said use's operational hours.
  7. Buildings and parking lots shall be orientated to facilitate and protect pedestrian movement, such as via a pedestrian plaza or promenade. All public and employee building entryways shall be connected via walkways to parking lots.
  8. Wherever practical in the determination of the Zoning Administrator, public roadway access shall be shared, and cross-access driveways and pedestrian ways shall be provided, between adjoining properties.
  9. All utility systems including, but not limited to water, electric, gas, sewer, storm water, telephone, fiber optics servicing the site, shall be installed underground.
  10. Wall and fences between the street side landscaping area and the building shall not exceed 3 feet in height unless used to screen public plazas, patios, outdoor dining areas or similar permitted outdoor uses in conformance with Section 94.4.05(11). Materials and design of all walls and fences shall be consistent with the architectural theme and materials of the building.
  11. Materials and design of all walls, fences, refuse and recycling enclosures, signs, and exterior lighting shall be unified across the site and consistent with the architectural theme of the building. No wall, fence, or enclosure shall exceed 6 feet in height. Roofed enclosures may exceed this limit but shall be no higher than 10 feet in height.
  12. If specified in an adopted element of the Village’s Comprehensive Plan for the particular geographic area in which the development is proposed, building, site, landscaping and other design components of the proposed development shall conform to the standards in that Comprehensive Plan element.
  13. The Plan Commission may approve a waiver or modification to one or more of the above requirements where it finds such requirement(s) would create practical difficulties in the development of the site and compensating design elements are incorporated.

HISTORY
Amended by Ord. 15-005 on 5/22/2015
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Description and Purpose. The Village depends exclusively on ground water for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of this Section is to institute land use regulations and restrictions to protect the Village’s municipal water supply and well fields, and to promote the public health, safety, and general welfare of the residents, employees, and visitors of the Village. The restrictions imposed in this Section are in addition to those of the underlying standard or special zoning district or any other provisions of this Chapter. This section is established under the authority of Wis. Stat. § 62.23(7)(a) and (c) and Wis. Admin. Code NR Chapter 811.
Wellhead Protection Area Overlay District Boundaries. The regulations of this Section shall apply to land within Wellhead Protection Area district boundaries mapped as “WHP” on the Official Zoning Map and/or Official Overlay Zoning Map. The WHP district is further divided into WHP-A and WHP-B, on the Map, indicating different zones of groundwater contribution to the associated well. WHP-A indicates one-year time of travel to the wellhead (Zone A); WHP-B indicates five year time of travel (Zone B). The list of conditional and prohibited uses in the WHP district varies depending on whether the property is in WHP-A or WHP-B per Figure 6.03.
Separation Distance Requirements. Minimum separation distances listed in Wis. Admin. Code NR Chapter 811 shall be maintained between the well and other potential sources of contamination, per Wis. Admin. Code NR §811.12(5)(d), where such potential sources of contamination were not in existence on the date that the district was first mapped on the Official Zoning Map or Official Overlay Zoning Map in that area and were not in continuous operation following that date. Such potential sources of contamination include, but may not be limited to:
1. Emergency or standby power system.
2. Storm water retention or detention pond.
3. Storm sewer main.
4. Sanitary sewer main, manhole, lift station.
5. Storage tank for gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
6. Private on-site wastewater treatment system tank or dispersal component.
7. Cemetery.
8. Land application of municipal, commercial, or industrial waste.
9. Agricultural, industrial, commercial or municipal waste water treatment plant, treatment units, lagoons, or storage structures.
10. Manure stacks or storage structures.
11. Solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility.
12. Sanitary landfill.
13. Any property with residual groundwater contamination that exceeds NR 140 enforcement standards.
14. Salt or deicing material storage area.

Land Use	Status in WHP-A District	Status in WHP-B District
Animal confinement facilities	R	C
Asphalt products manufacturing plants	R	C
Automobile fueling, service, painting, repair, and/or maintenance facilities	C	P
Building materials and product sales	C	P
Buried or exposed hydrocarbon- or hazardous chemical storage tanks. Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370, but not including residential LP gas tanks.	R	C
Car Washes	C	P
Cartage and express facilities	C	P
Cemeteries	C	C
Center-pivot or other large-scale irrigated agriculture operations	C	C
Chemical storage, sale, processing, and/or manufacturing facilities	C	C
Coal storage facilities	R	R
Composting and post-consumer material recycling and storage facilities	C	C
Dry cleaning establishments	R	C
Dumping or disposing of garbage, refuse, trash, or demolition material, including landfills but excluding composting and post-consumer recycling and storage facilities	R	R
Electronic circuit assembly plants	C	P
Electroplating plants	C	P
Exterminating shops	R	P
Fertilizer or pesticide manufacturing or storage, facilities	R	C
Foundries and forge plants	C	C
Industrial liquid waste storage areas, indoor.	C	C
Industrial waste storage facilities, outdoor, such as industrial lagoons and pits	R	R
Junk yards and salvage yards	R	C
Manure and animal waste storage facilities, except for animal waste storage facilities regulated by Marathon County	R	C
Metal plating, reduction, and/or refinement plants	C	P
Mineral extraction operations	C	C
Motor and machinery service and assembly shops	C	C
Motor freight terminals, rail yards	C	C
Petroleum products processing	R	C
Pharmaceuticals manufacturing	C	C
Photography studios involving the developing of film and pictures (digital excluded)	C	P
Plastics manufacturing	C	P
Printing and publishing establishments	C	C
Private on-site wastewater treatment systems designed for 12,000+ gallons per day flow	C	C
Private on-site wastewater treatment systems on new lots under 20,000 square feet	C	P
Pulp and paper manufacturing	C	C
Rendering plants and slaughterhouses	R	R
Salt or de-icing storage facilities	C	C
Septage, wastewater, or sewage spreading, storage, treatment or disposal, outdoor, except for lagoons and pits exclusively for industrial use	R	C
Storage, manufacturing or disposal of toxic or hazardous materials not otherwise listed	R	C
Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Wis. Admin. Code NR Chapter 140. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)	R	R
Underground petroleum products storage tanks, and above-ground petroleum product storage tanks greater than 660 gallons. All new or replaced tanks shall also be installed in compliance with Wis. Admin. Code SPS Chapter 10.	C	P
Woodworking, wood preserving, and wood products manufacturing	C	P

Conditional Use Permit Application Review Requirements.
1. Application. In addition to conditional use permit application requirements in Section 94.16.06, the request shall include an environmental impact study or environmental assessment prepared by a licensed environmental engineer. Said report shall be forwarded to an engineer designated by the Village for recommendation and final decision by the Village. The applicant shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
2. Criteria. General criteria for conditional use permit approval are included within Section 94.16.06(7). In its consideration of conditional use permit applications for one of the listed conditional uses in subsection (4) within the associated Wellhead Protection Area overlay district, the Plan Commission shall also consider the following additional criteria:
  1. The Village's responsibility as a public water supplier to protect and preserve public health, safety and welfare.
  2. The potential of the proposed use to seriously threaten or degrade groundwater quality.
  3. The availability of alternative uses, locations, and operational characteristics, and the cost, effect, and extent of availability of such alternatives.
  4. The proximity of the applicant's property to other potential sources of contamination or vulnerable activities or uses.
  5. The then-existing condition of the associated well, well field, well recharge area, and the vulnerability to further contamination.
  6. The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table, and location of private wells.
  7. The zone of contribution for, or distance from, the associated well within which the proposed use is located.
  8. Any other hydrogeological data or information which is available from any public or private agency or organization.
  9. The potential benefit, both economic and social, from the approval of the application.
3. Approval Conditions. In its approval of any conditional use permit within the Wellhead Protection Area overlay district, the Plan Commission may impose conditions to provide:
  1. Environmental and/or safety monitoring to indicate whether the potential sources of contamination may be emitting any contaminants.
  2. A financial guarantee in a form and amount determined by the Village for future monitoring and cleanup costs.
  3. Any requirement authorized for existing potential sources of contamination and land uses under subsection (6).
Requirements for Existing Potential Sources of Contamination and Land Uses.
1. At the request of the Zoning Administrator, existing potential sources of contamination and land uses, as defined under Section 94.17.04, shall provide to the Village copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results.
2. Existing potential sources of contamination and land uses shall provide additional environmental or safety monitoring as deemed necessary by the Village Board, including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
3. Existing potential sources of contamination and land uses, when upgrading or expanding, shall replace equipment or expand in a manner that improves existing environmental and safety technologies and performance. Before such operations upgrade or expand, the owner or operator may be required to obtain conditional use permit and/or site plan approval under this Chapter. If a conditional use under this Section, the operation would be required to comply with all applicable provisions of this Section, to the extent determined practical by the designated Village approval authority.
4. At the request and to the satisfaction of the Zoning Administrator, existing potential sources of contamination and land uses shall prepare and file with the Village, a contingency plan for unexpected release of contaminants or other emergency events.
5. Property owners with an existing agricultural use are exempt from requirements of this section as they relate to restrictions on agricultural uses, but such exemption shall only apply to operations in existence as of the date that the Wellhead Protection Area district was first mapped on the Official Zoning Map in that area, and continually operating after that date.
Violations and Compliance. In the event an individual and/or potential source of contamination within the Wellhead Protection Area district causes the release of any contaminants which endanger the public, in the determination of the Village, the individual and/or potential source of contamination causing said release shall immediately cease and desist and initiate clean-up satisfactory to the Village and the other State and Federal regulatory agencies. The person or other entity who releases such contaminants and the person who owns the potential source of contamination whereon the contaminants have been released shall be jointly and severally responsible for the cost of clean-up, consultant or other contractor fees, and all administrative costs for oversight, review and documentation, including for Village employees, contractors, equipment, and mileage. Following any such release, the Village may require additional environmental and/or safety monitoring. As a substitute for or in addition to any other action authorized above and under Section 94.16.19, the Village may commence legal action against the individual and/or potential source of contamination to recover the costs, together with the costs of prosecution.

HISTORY
Amended by Ord. 16-005 - 94.6.3(4) on 4/20/2016
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.04 AH Airport Height Limitation Overlay District

Description and Purpose. The AH Airport Height Limitation Overlay District is intended to regulate the height of structures relative to air travel associated with the Wausau Downtown Airport, in order to protect the public health, safety, and welfare of airport users and residents and employees within the surrounding area. In addition to the standards in this Section, lands within the AH district may also subject to the regulations set forth in Title 22 of the City of Wausau Municipal Code.
AH Airport Height Limitation Overlay District Boundaries. The AH District extends to many areas under the geographic jurisdiction of this Chapter, limiting the height and use of structures within such jurisdiction. As such, the AH district may not be shown on the Village’s Official Zoning Map and/or Official Overlay Zoning Map. The map listed in subsection (3)(a) serves as the official height limitation zoning map.
AH Airport Height Limitation Overlay District Requirements.
1. The maximum height above mean sea level of all new or expanded structures shall be as indicated on the Height Limitation Zoning Map, Wausau Downtown Airport, Wausau, WI (Wisconsin Bureau of Aeronautics) dated December 6, 2007, as from time to time amended. The Zoning Administrator may permit a greater height than specified by such Map, if such greater height is favorably recommended by the Bureau of Aeronautics. This requirement shall not be applied retroactively to any structure lawfully erected before December 6, 2007, except if a subsequent vertical expansion of such a structure is sought.
2. Prior to issuing or authorizing a zoning permit or building permit, the Zoning Administrator may require any information deemed necessary to make a determination regarding compliance with the requirements of AH district (such as exact height, location, and current and finished ground elevation of the structure) and/or refer the application to the airport owner or operator or the Wisconsin Bureau of Aeronautics for recommendation. If the Zoning Administrator elects to refer the application, the normally required timeframe for issuing a zoning permit or building permit under this Chapter and the Building Code shall be extended by ten days.
3. No use may be made in the AH district that causes interference with radio or electronic facilities associated with the airport and any lighting that makes it difficult to distinguish airport lights, results in glare in pilot’s eyes, or otherwise impairs visibility.
4. Other than any use that meets the criteria in subsection (c), all allowable uses and structures within the AH District shall comply with all other applicable standards of the underlying standard zoning district and any other applicable overlay district requirements with regard to use and all other requirements.

21-011

15-005

16-005

Weston Marathon County
City Zoning Code

ARTICLE 94

6 OVERLAY ZONING DISTRICTS

Sec 94.6.01 Purpose And Application Of Overlay Districts

Purpose. The purpose of this Article is to establish and convey overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard or special zoning districts set forth in Articles 2 and 14 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying standard or special zoning district.
Representation on Zoning Map. Except where otherwise stated, the overlay zoning districts described in this Article are represented on the Official Zoning Map (or on a separate Official Overlay Zoning Map). The boundaries or presence of each overlay zoning district may be amended via the rezoning procedure in Section 94.16.03.
Other Overlay Zoning Districts. Floodplain, shoreland, and shoreland-wetland overlay zoning districts are described in separate articles of this Chapter, as each is adopted, maintained, enforced, and from time to time amended under unique state statutory requirements.

HISTORY
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.02 D Design Overlay District

Description and Purpose. The D Design overlay district is intended to codify unique and specific site and building design standards to preserve and enhance the appearance, character, and property values of key districts within the Village. The unique design standards applicable within each D district are either included in this section or within separate plans or ordinances duly adopted by the Village Board, as indicated in this section.
D Design Overlay District Boundaries. The boundaries of each D overlay district are as depicted on the Official Zoning Map and/or Official Overlay Zoning Map. A unique suffix is applied to each D district related to its geographic area or district name.
Established D Design Overlay Districts. The following D Design overlay districts, and documents within which design standards are located, are as follows:
1. D-CONDO Condominium Overlay. The Village Board hereby exercises the authority set forth in Wis. Stat. § 703.27 in the regulation of condominiums. This Chapter does not impose a greater burden or restriction and does not provide a lower level of service to a condominium than would be imposed or is imposed if the condominium ownership were under a different form of ownership.
  1. Rezoning to the D-CONDO district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a condominium plat and site plan meeting the requirements of Section 94.16.09.
  2. No use or structure in the D-CONDO district shall be established, maintained, or expanded except in conformity with a condominium plat and site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved condominium plat and site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Within the D-CONDO overlay district, the only permitted uses shall be residences in the condominium form of ownership, Community Garden, Passive Outdoor Public Recreation, Active Outdoor Public Recreation, Public Service or Utility, Community Living Arrangement (1-8 residents), Detached Accessory Structure (for Residential Use), Family Day Care Home (4-8 children), Home Occupation, and Private Lake (Pond).
  4. Density, Intensity and Bulk Regulations in Article 5 shall be applied to each development within the D-CONDO district to the extent determined practical by the Village approval authority at the time of rezoning to the D-CONDO district, or subsequent condominium plat and site plan amendment approved by the Village.
  5. Each D-CONDO district shall be no less than two acres in area.
  6. Each interior condominium site shall be at least 24 feet in width. Each condominium site located on a corner of a public street shall be at least 48 feet in width. Each interior condominium site that is intended to be at the end of a row of attached condominium units shall be at least 34 feet wide.
  7. Each condominium development shall not exceed a density of seven dwelling units per acre, not including street rights-of-way and stormwater detention areas.
  8. No more than four condominium units shall be built in a row having the same building line. In a condominium building having more than four dwelling units, the required minimum offset in the building line shall be three feet. No single condominium building shall exceed 250 feet in any horizontal dimension.
2. D-RT Rail-to-Trail Overlay. This district is intended to establish unique controls for lands, buildings, and uses adjacent to the Mountain Bay Trail and other potential “rail-to-trail” conversions in the Village, while still providing for an appealing environment for recreational use of the trail. This district promotes coordinated site planning as a means to achieve flexibility from certain provisions normally applicable to development in the underlying standard zoning district.
  1. Rezoning to the D-RT overlay district shall be per Section 94.16.02. In addition to the normal rezoning application requirements in that section, the applicant shall submit a site plan meeting the requirements of Section 94.16.09, along with a written explanation of why D-RT zoning is desired and how the standards of this subsection will be met.
  2. No use in the D-RT district shall be established, maintained, or expanded except in conformity with a site plan approved under Section 94.16.09. Such requirements and conditions made a part of an approved site plan shall be, along with the site plan itself, construed to be and enforced as a part of this Chapter.
  3. Specific lot size, density, open space, building location, height, size, floor area, screening and other such requirements within each site zoned D-RT shall be based upon determination as to their appropriateness to the proposed uses or structures as they relate to the total environmental concept of the development, and consistent with the purpose of this Chapter. The D-RT district does not allow any greater range of land uses than that allowed within the underlying standard zoning district.
  4. Design of and relative to adjoining properties, streets, sidewalks, street lighting, storm drainage, lot size, lot arrangement, screening, or other elements of the site development shall be based upon determination as to the appropriate standards necessary to effectively implement the specific function in the specific situation, and compatible with the trail. In no case shall minimal standards be less than those necessary to protect the public health, safety and welfare in the determination of the Village.
  5. The site plan shall be prepared with competent professional advice and guidance and shall produce significant benefits in terms of improved environmental design in the determination of the Village approval authorities.
  6. The site plan shall reflect sensitive consideration of the physical nature of the site with particular concern for conservation of natural features, preservation of open spaces, careful consideration of terrain and landscaping which protects and enhances the recreational use of the trail, and proper drainage and preservation of natural terrain wherever appropriate.
  7. The site plan shall serve to implement the spirit and intent of the Village’s Comprehensive Plan and Parks and Open Space Plan, especially as related to preservation of conservation and recreation areas, creation of common open spaces, and establishment of a diversified and interesting development pattern.
  8. The proposed design shall be functional in terms of circulation, parking, emergency services, delivery of other services and utilities, and snowplowing. Applicable building and site design, landscaping, and performance standards within Articles 10 through 12 shall be met, except where specifically waived or modified by the Plan Commission.
3. D-CC Commercial Corridor Overlay. The purpose of the D-CC overlay district is to establish a greater development design requirements along the most highly traveled, utilized, and visited roadway corridors in the Village. The objectives are to achieve a more unified vision and development form along these corridors, promote orderly and comprehensive development proposals, direct site and building designs that will stand the test of time, enhance the image of and entryway experiences in the Village, facilitate motor vehicle, bike, and pedestrian movement, enhance the surrounding neighborhoods, and create a unique sense of place. See definition of placemaking in Section 94.17.04. Single-family and two-family dwellings are exempt from the requirements of the D-CC district, and may not benefit from the bonus densities or setbacks if in this overlay district.
  1. The maximum allowable floor area ratio (FAR) in the D-CC overlay zone may exceed that allowed in the base zoning district under Figure 5.02(1), per the following schedule (totals are additive):
    1. Add 0.5 FAR if outdoor recreational, leisure, plazas, dining, activity, or other similar space is incorporated into the development, not including space in parking lots;
    2. Add 0.5 FAR if one or more buildings in the development includes residential uses combined with commercial service, retail, office, and/or institutional uses;
    3. Add 0.25 FAR if development includes residential uses in separate buildings from commercial service, retail, office, and/or institutional uses on the same site. Add 0.50 FAR if development includes other features to mitigate the impact of greater density on the environment, in the opinion of the Zoning Administrator, such as graduated setbacks of upper stories, exceptional building transparency (windows), pervious pavement, and vegetative or active roofs.
  2. Where the base zoning district is INT, B-2, B-3, or B-P, the minimum required setback from the principal building to the front and street side lot lines shall be building setbacks in Figure 5.02(2) shall be reduced to 15 feet.
  3. The maximum required setback from each new principal building to the front lot line shall be 40 feet, except for multiple building developments where at least 50% of the street frontage is occupied by buildings that meet this requirement.
  4. All loading and service areas shall be orientated away from all street frontages. In cases where the parcel is surrounded by right-of-way on three or more sides, this requirement may be waived; however, any such area shall be screened by a landscaped bufferyard as established in Section 94.11.02(3)(d) or by a wall or fence as described below.
  5. Parking lots shall be orientated to the rear and/or side of the buildings, and not closer to the front lot line than the principal building except in multiple building developments where at least 50% of the street frontage is occupied by buildings.
  6. Parking facilities within a parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation. Applicants shall make an application to the Zoning Administrator for authorization for shared parking. Applicants shall include a draft of the easement establishing formal shared-parking between the applicant and all affected property owners. Shared parking arrangements may be approved by the site plan approval authority upon determination that the above stated off-street parking requirements for each use are met during said use's operational hours.
  7. Buildings and parking lots shall be orientated to facilitate and protect pedestrian movement, such as via a pedestrian plaza or promenade. All public and employee building entryways shall be connected via walkways to parking lots.
  8. Wherever practical in the determination of the Zoning Administrator, public roadway access shall be shared, and cross-access driveways and pedestrian ways shall be provided, between adjoining properties.
  9. All utility systems including, but not limited to water, electric, gas, sewer, storm water, telephone, fiber optics servicing the site, shall be installed underground.
  10. Wall and fences between the street side landscaping area and the building shall not exceed 3 feet in height unless used to screen public plazas, patios, outdoor dining areas or similar permitted outdoor uses in conformance with Section 94.4.05(11). Materials and design of all walls and fences shall be consistent with the architectural theme and materials of the building.
  11. Materials and design of all walls, fences, refuse and recycling enclosures, signs, and exterior lighting shall be unified across the site and consistent with the architectural theme of the building. No wall, fence, or enclosure shall exceed 6 feet in height. Roofed enclosures may exceed this limit but shall be no higher than 10 feet in height.
  12. If specified in an adopted element of the Village’s Comprehensive Plan for the particular geographic area in which the development is proposed, building, site, landscaping and other design components of the proposed development shall conform to the standards in that Comprehensive Plan element.
  13. The Plan Commission may approve a waiver or modification to one or more of the above requirements where it finds such requirement(s) would create practical difficulties in the development of the site and compensating design elements are incorporated.

HISTORY
Amended by Ord. 15-005 on 5/22/2015
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Description and Purpose. The Village depends exclusively on ground water for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade ground water quality. The purpose of this Section is to institute land use regulations and restrictions to protect the Village’s municipal water supply and well fields, and to promote the public health, safety, and general welfare of the residents, employees, and visitors of the Village. The restrictions imposed in this Section are in addition to those of the underlying standard or special zoning district or any other provisions of this Chapter. This section is established under the authority of Wis. Stat. § 62.23(7)(a) and (c) and Wis. Admin. Code NR Chapter 811.
Wellhead Protection Area Overlay District Boundaries. The regulations of this Section shall apply to land within Wellhead Protection Area district boundaries mapped as “WHP” on the Official Zoning Map and/or Official Overlay Zoning Map. The WHP district is further divided into WHP-A and WHP-B, on the Map, indicating different zones of groundwater contribution to the associated well. WHP-A indicates one-year time of travel to the wellhead (Zone A); WHP-B indicates five year time of travel (Zone B). The list of conditional and prohibited uses in the WHP district varies depending on whether the property is in WHP-A or WHP-B per Figure 6.03.
Separation Distance Requirements. Minimum separation distances listed in Wis. Admin. Code NR Chapter 811 shall be maintained between the well and other potential sources of contamination, per Wis. Admin. Code NR §811.12(5)(d), where such potential sources of contamination were not in existence on the date that the district was first mapped on the Official Zoning Map or Official Overlay Zoning Map in that area and were not in continuous operation following that date. Such potential sources of contamination include, but may not be limited to:
1. Emergency or standby power system.
2. Storm water retention or detention pond.
3. Storm sewer main.
4. Sanitary sewer main, manhole, lift station.
5. Storage tank for gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
6. Private on-site wastewater treatment system tank or dispersal component.
7. Cemetery.
8. Land application of municipal, commercial, or industrial waste.
9. Agricultural, industrial, commercial or municipal waste water treatment plant, treatment units, lagoons, or storage structures.
10. Manure stacks or storage structures.
11. Solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility.
12. Sanitary landfill.
13. Any property with residual groundwater contamination that exceeds NR 140 enforcement standards.
14. Salt or deicing material storage area.

Land Use	Status in WHP-A District	Status in WHP-B District
Animal confinement facilities	R	C
Asphalt products manufacturing plants	R	C
Automobile fueling, service, painting, repair, and/or maintenance facilities	C	P
Building materials and product sales	C	P
Buried or exposed hydrocarbon- or hazardous chemical storage tanks. Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370, but not including residential LP gas tanks.	R	C
Car Washes	C	P
Cartage and express facilities	C	P
Cemeteries	C	C
Center-pivot or other large-scale irrigated agriculture operations	C	C
Chemical storage, sale, processing, and/or manufacturing facilities	C	C
Coal storage facilities	R	R
Composting and post-consumer material recycling and storage facilities	C	C
Dry cleaning establishments	R	C
Dumping or disposing of garbage, refuse, trash, or demolition material, including landfills but excluding composting and post-consumer recycling and storage facilities	R	R
Electronic circuit assembly plants	C	P
Electroplating plants	C	P
Exterminating shops	R	P
Fertilizer or pesticide manufacturing or storage, facilities	R	C
Foundries and forge plants	C	C
Industrial liquid waste storage areas, indoor.	C	C
Industrial waste storage facilities, outdoor, such as industrial lagoons and pits	R	R
Junk yards and salvage yards	R	C
Manure and animal waste storage facilities, except for animal waste storage facilities regulated by Marathon County	R	C
Metal plating, reduction, and/or refinement plants	C	P
Mineral extraction operations	C	C
Motor and machinery service and assembly shops	C	C
Motor freight terminals, rail yards	C	C
Petroleum products processing	R	C
Pharmaceuticals manufacturing	C	C
Photography studios involving the developing of film and pictures (digital excluded)	C	P
Plastics manufacturing	C	P
Printing and publishing establishments	C	C
Private on-site wastewater treatment systems designed for 12,000+ gallons per day flow	C	C
Private on-site wastewater treatment systems on new lots under 20,000 square feet	C	P
Pulp and paper manufacturing	C	C
Rendering plants and slaughterhouses	R	R
Salt or de-icing storage facilities	C	C
Septage, wastewater, or sewage spreading, storage, treatment or disposal, outdoor, except for lagoons and pits exclusively for industrial use	R	C
Storage, manufacturing or disposal of toxic or hazardous materials not otherwise listed	R	C
Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Wis. Admin. Code NR Chapter 140. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)	R	R
Underground petroleum products storage tanks, and above-ground petroleum product storage tanks greater than 660 gallons. All new or replaced tanks shall also be installed in compliance with Wis. Admin. Code SPS Chapter 10.	C	P
Woodworking, wood preserving, and wood products manufacturing	C	P

Conditional Use Permit Application Review Requirements.
1. Application. In addition to conditional use permit application requirements in Section 94.16.06, the request shall include an environmental impact study or environmental assessment prepared by a licensed environmental engineer. Said report shall be forwarded to an engineer designated by the Village for recommendation and final decision by the Village. The applicant shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
2. Criteria. General criteria for conditional use permit approval are included within Section 94.16.06(7). In its consideration of conditional use permit applications for one of the listed conditional uses in subsection (4) within the associated Wellhead Protection Area overlay district, the Plan Commission shall also consider the following additional criteria:
  1. The Village's responsibility as a public water supplier to protect and preserve public health, safety and welfare.
  2. The potential of the proposed use to seriously threaten or degrade groundwater quality.
  3. The availability of alternative uses, locations, and operational characteristics, and the cost, effect, and extent of availability of such alternatives.
  4. The proximity of the applicant's property to other potential sources of contamination or vulnerable activities or uses.
  5. The then-existing condition of the associated well, well field, well recharge area, and the vulnerability to further contamination.
  6. The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table, and location of private wells.
  7. The zone of contribution for, or distance from, the associated well within which the proposed use is located.
  8. Any other hydrogeological data or information which is available from any public or private agency or organization.
  9. The potential benefit, both economic and social, from the approval of the application.
3. Approval Conditions. In its approval of any conditional use permit within the Wellhead Protection Area overlay district, the Plan Commission may impose conditions to provide:
  1. Environmental and/or safety monitoring to indicate whether the potential sources of contamination may be emitting any contaminants.
  2. A financial guarantee in a form and amount determined by the Village for future monitoring and cleanup costs.
  3. Any requirement authorized for existing potential sources of contamination and land uses under subsection (6).
Requirements for Existing Potential Sources of Contamination and Land Uses.
1. At the request of the Zoning Administrator, existing potential sources of contamination and land uses, as defined under Section 94.17.04, shall provide to the Village copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results.
2. Existing potential sources of contamination and land uses shall provide additional environmental or safety monitoring as deemed necessary by the Village Board, including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
3. Existing potential sources of contamination and land uses, when upgrading or expanding, shall replace equipment or expand in a manner that improves existing environmental and safety technologies and performance. Before such operations upgrade or expand, the owner or operator may be required to obtain conditional use permit and/or site plan approval under this Chapter. If a conditional use under this Section, the operation would be required to comply with all applicable provisions of this Section, to the extent determined practical by the designated Village approval authority.
4. At the request and to the satisfaction of the Zoning Administrator, existing potential sources of contamination and land uses shall prepare and file with the Village, a contingency plan for unexpected release of contaminants or other emergency events.
5. Property owners with an existing agricultural use are exempt from requirements of this section as they relate to restrictions on agricultural uses, but such exemption shall only apply to operations in existence as of the date that the Wellhead Protection Area district was first mapped on the Official Zoning Map in that area, and continually operating after that date.
Violations and Compliance. In the event an individual and/or potential source of contamination within the Wellhead Protection Area district causes the release of any contaminants which endanger the public, in the determination of the Village, the individual and/or potential source of contamination causing said release shall immediately cease and desist and initiate clean-up satisfactory to the Village and the other State and Federal regulatory agencies. The person or other entity who releases such contaminants and the person who owns the potential source of contamination whereon the contaminants have been released shall be jointly and severally responsible for the cost of clean-up, consultant or other contractor fees, and all administrative costs for oversight, review and documentation, including for Village employees, contractors, equipment, and mileage. Following any such release, the Village may require additional environmental and/or safety monitoring. As a substitute for or in addition to any other action authorized above and under Section 94.16.19, the Village may commence legal action against the individual and/or potential source of contamination to recover the costs, together with the costs of prosecution.

HISTORY
Amended by Ord. 16-005 - 94.6.3(4) on 4/20/2016
Amended by Ord. 21-011 on 5/17/2021

Sec 94.6.04 AH Airport Height Limitation Overlay District

Description and Purpose. The AH Airport Height Limitation Overlay District is intended to regulate the height of structures relative to air travel associated with the Wausau Downtown Airport, in order to protect the public health, safety, and welfare of airport users and residents and employees within the surrounding area. In addition to the standards in this Section, lands within the AH district may also subject to the regulations set forth in Title 22 of the City of Wausau Municipal Code.
AH Airport Height Limitation Overlay District Boundaries. The AH District extends to many areas under the geographic jurisdiction of this Chapter, limiting the height and use of structures within such jurisdiction. As such, the AH district may not be shown on the Village’s Official Zoning Map and/or Official Overlay Zoning Map. The map listed in subsection (3)(a) serves as the official height limitation zoning map.
AH Airport Height Limitation Overlay District Requirements.
1. The maximum height above mean sea level of all new or expanded structures shall be as indicated on the Height Limitation Zoning Map, Wausau Downtown Airport, Wausau, WI (Wisconsin Bureau of Aeronautics) dated December 6, 2007, as from time to time amended. The Zoning Administrator may permit a greater height than specified by such Map, if such greater height is favorably recommended by the Bureau of Aeronautics. This requirement shall not be applied retroactively to any structure lawfully erected before December 6, 2007, except if a subsequent vertical expansion of such a structure is sought.
2. Prior to issuing or authorizing a zoning permit or building permit, the Zoning Administrator may require any information deemed necessary to make a determination regarding compliance with the requirements of AH district (such as exact height, location, and current and finished ground elevation of the structure) and/or refer the application to the airport owner or operator or the Wisconsin Bureau of Aeronautics for recommendation. If the Zoning Administrator elects to refer the application, the normally required timeframe for issuing a zoning permit or building permit under this Chapter and the Building Code shall be extended by ten days.
3. No use may be made in the AH district that causes interference with radio or electronic facilities associated with the airport and any lighting that makes it difficult to distinguish airport lights, results in glare in pilot’s eyes, or otherwise impairs visibility.
4. Other than any use that meets the criteria in subsection (c), all allowable uses and structures within the AH District shall comply with all other applicable standards of the underlying standard zoning district and any other applicable overlay district requirements with regard to use and all other requirements.

Weston Marathon CountyCity Zoning Code

ARTICLE 94

Sec 94.6.01 Purpose And Application Of Overlay Districts

Sec 94.6.02 D Design Overlay District

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Sec 94.6.04 AH Airport Height Limitation Overlay District

21-011

15-005

16-005

Weston Marathon CountyCity Zoning Code

ARTICLE 94

Sec 94.6.01 Purpose And Application Of Overlay Districts

Sec 94.6.02 D Design Overlay District

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Sec 94.6.04 AH Airport Height Limitation Overlay District

21-011

15-005

16-005

Weston Marathon CountyCity Zoning Code

ARTICLE 94

Sec 94.6.01 Purpose And Application Of Overlay Districts

Sec 94.6.02 D Design Overlay District

Sec 94.6.03 WHP Wellhead Protection Area Overlay District

Sec 94.6.04 AH Airport Height Limitation Overlay District

21-011

15-005

16-005

Weston Marathon County
City Zoning Code

Weston Marathon County
City Zoning Code

Weston Marathon County
City Zoning Code