The location and boundaries of the districts established by this chapter are set forth on the Zoning Map, titled "Zoning District Map for the City of Weyauwega, Waupaca County, Wisconsin," which is incorporated herein and hereby made a part of this chapter. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein. Such map, together with a copy of this chapter, shall be available for public inspection in the office of the Clerk of the City of Weyauwega.

The following rules shall apply with respect to the boundaries of the various districts as shown on the Zoning District Map.

(1)

A boundary shown as following, or approximately following, a street, alley or railroad shall be construed as following the centerline of such feature.

(2)

A boundary line shown as following, or approximately following, a lot line, section line, survey or other property line, or municipal boundary shall be construed as following such line or boundary.

(3)

Streets or alleys which are shown on the zoning district maps, and which were previously vacated, or which may be vacated in the future, shall be construed to be in the same zoning district as the lots, pieces or lots abutting both sides of the street or alley involved. If the lots, pieces, or lots abutting each side of the street or alley were located in different zoning districts before the said street or alley was vacated, the center line of such vacated street or alley shall be the boundary line of the respective zoning districts.

(4)

The boundaries of a base zoning district shall correspond with the boundaries of a legal lot. No un-subdivided property shall possess more than one base zone. Where a district boundary divides a platted lot, the zone classification of the greater portion shall prevail throughout the lot unless and until one of the following occurs:

(a)

All portion of the lots are rezoned to a single zone classification.

(b)

A land division is approved to establish separate legal lots coinciding with the boundaries of the zone classifications as they appear on the Zoning Map.

(c)

Where any uncertainty exists as to the exact location of zoning district boundary lines, the Zoning Board of Appeals, upon written application, shall determine the location of such boundary lines.

§ 530-52 Permitted uses and conditional uses.

Base districts. The table appearing below and on the following pages presents the complete list of permitted uses and conditional uses for all base districts. The intent, dimensional standards, and additional regulations and standards applicable to each district follow the table.

Overlay districts. The regulations and standards for Non-Standard Districts, along with applicable permitted, conditional, and accessory uses, follow immediately thereafter.

Permitted uses and conditional uses by Base District.

(1)

Agricultural uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Farm structures.													C
Grazing.													C
Nonresidential buildings used solely in conjunction with the raising of waterfowl or fish.													P
Stables.													P
Sustained yield forestry													P

(2)

Residential uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Accessory dwelling unit.	C	P		C
Bed-and-breakfast establishments.				C	C
Community living arrangement, eight or fewer persons.	P	P	P	P	P
Community living arrangement, nine or more persons.	C	C	C	C	P
Courtyard cottages.
Foster family care.	P	P			P
Manufactured home.	P	P	C	P	P
Mobile home park.						P
Multifamily dwelling.			P		C
Multigenerational dwelling.	P	P	C		P
Senior living communities and facilities.				P
Single-family dwelling, attached.					P
Single-family dwelling, detached.	P	P	C	P
Three-family dwelling.			P		P
Quadplexes		C	P		P
Triplexes		C	P		P
Two-family dwelling, corner lot.	P	P	P		P
Two-family dwelling, interior lot.	C	C	P		P

(3)

Commercial uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Animal hospital, animal grooming, pet shop.							C	C
Art shop, antique shop, gift shop.							P	P
Artisan shops.							C	C
Artist studios.							P	P
Automotive parts sales.							P	P
Bakery (retail).							P	P
Bank, financial institution.							P	P
Barber shop, beauty parlor, salon.							P	P
Bars, cocktail lounges, pubs, and taverns.							P	C
Body-piercing establishments licensed under § DHS 173.04, Wis. Admin. Code.							C	C		P
Book and stationery store, newsstand.							P	P
Bowling alley, pool, and billiard room.							C	C
Building supply stores.							C	P		P
Business and professional offices.
Business incubator, commercial.							C	C		C
Business services.							P	P
Candy store, confectionery store.							P	P
Car washes.							C	P
Carpet and flooring sales and service.										P
Child day care facilities.							C	C
Clinic.							P	P
Coffee, tea, juice, and smoothie shops.							P	P
Convenience stores, with fuel pumps.							C	P		P
Convenience stores, without fuel pumps.							P	P		P
Convenient-cash businesses, provided that no other convenient cash business is located within 2,500 feet and the business is located at least 250 feet from a residential district.							C	C
Craft distilleries.							C	C
Dining, with drive through or walk-up window							C	P
Dining, without drive through or walk-up window							P	P
Drug store, pharmacy.							P	P
Funeral homes, excluding crematorium.							C	C
Garden center, garden supply, and landscaping store.							C	P		P
Glass and window installation.							C	P		P
Hall, auditoriums, and spaces used for public gatherings							C	C
Health and fitness establishments, including gyms, yoga establishments, martial arts studios, gymnastics centers, and health clubs.							C	C
Ice creams shops, frozen custard shops, frozen yogurt shops, and the like.							P	P
Indoor commercial entertainment establishments including but not limited to cinema, theater, concert hall, cabaret, and night club.							C	C
Indoor sports facilities.							C	C
Laundromat, dry cleaning, dyeing establishment, tailor.							C	P		P
Lodging.							C	P
Microbreweries and brewpubs.							C	C		C
Personal care services.							P	P
Pet grooming establishments.							P	P
Photographer and photographer's supplies.							P	P
Printing and publishing.							C	C		P
Printing, reproduction, and mailing services.							P	P
Professional offices.							P	P
Professional studios including music, art, sculpture, tutoring, dance, and similar.							P	P
Research and development office.								P		P
Research, experimental, and testing laboratory.									P	C
Retail delicatessen, grocery store, and meat market.							P	P
Retail sales establishments and service establishments less than 10,000 square feet of gross first floor area.							P	P
Retail sales establishments and service establishments 10,000 square feet or more of gross first floor area.							C	P
Retail tobacco and liquor store.							C	C		C
Service stations and full-service gas stations.							C	P
Sexually oriented businesses.	TO BE DETERMINED BY CITY ATTORNEY
Tattoo parlors and body modification establishments.	TO BE DETERMINED BY CITY ATTORNEY
Theaters and places of amusement, except drive-in theaters.							P	P
Veterinary clinics, provided that no service, including the boarding of animals, is offered outside of an enclosed building.							C	C		P
Winery, boutique.							C	C

(4)

Manufacturing uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Agriculture-related industry and service uses.									C
Bakery (wholesale).										C
Building materials sales and storage.										P
Business incubator, manufacturing.									C	C
Commercial greenhouses, garden supply stores.								P		P
Greenhouses, wholesale.										P
Construction services, including general building contractors, carpentry, wood flooring, concrete services, masonry, stonework, tile setting, plastering services, roofing, sheet metal services, and water well drilling services.										P
Contractor shop, contractor yard.										P
Craft distilleries							C	P
Electronic and scientific precision equipment manufacturing.									P	P
Food processing establishments.									P
Freezer and locker meat providers.									P
Freight forwarding services, packing, and crating services, and petroleum bulk stations.									P
Fuel oil, bottled gas, and ice dealers.									P
Live/work unit.							C	C	C	C
Manufacturing establishments in which raw materials are transformed into finished products and establishments engaged in assembling component parts of manufactured products.									P
Outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage is enclosed by a suitable fence or other manner of screening.									P
Plastic manufacturing.									P
Printing and publishing establishments.
Sales, service, and repair: boats and personal watercraft.								P		C
Sales, service, and repair: "Category L" two- and three-wheeled vehicles, ATVS and UTVs, snowmobiles, and the like.								P		C
Sales, service, and repair: "Category M" light duty vehicles (passenger vehicles).							C	P		C
Sales, service, and repair: "Category N" heavy duty vehicles (trucks, buses, coaches, tractor-trailer units, and the like).								C	C	C
Sales, service, and repair: "Category T" implements of husbandry.								C	C	P
Sales, service, and repair: construction equipment and similar heavy equipment.								C	P	C
Sales, service, and repair: small engine.								C		C
Self-service storage facilities.									C	C
Tool and die manufacturing.									P
Truck terminals (cartage facilities).									P
Funeral homes, with crematorium.										C
Warehousing, as a principal use									P	P
Welding shops.									P	P
Woodworking and wood products manufacturing.									P	P
Wrecking, junk, demolition, salvage, and scrap yards, provided that they shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way, shall be at least 600 feet from residential or commercial structures, and shall be neatly maintained in such a manner so as to not constitute a nuisance or be detrimental to area property owners.									C

(5)

Government and institutional uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Cemeteries.											P
Hospitals, medical clinics, dental offices.											P
Places of worship, places of public assembly.	C										P
Public libraries.							P	P
Public museums.							P	P
Municipal buildings.								P			P		C
Schools.											P

(6)

Utility, communication, and transportation uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Bus depot.							C	P
Public parking lots.							C	P
Public utility structures, except those incompatible with the characteristics of the district.											P
Sewage disposal facilities.											P
Utilities (electric substations, telephone switching stations, gas regulators, etc.).											P

(7)

Parks, recreation, and open space uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Arboreta, botanical gardens, and greenways.												C	P
Animal hospitals, shelters, and kennels.													C
Archery and firearm ranges, sports fields and skating rinks.													C
Forest and game management; wildlife preserves.													P
Golf courses and clubs.	C	C											C
Harvesting of wild crops.													P
Hunting and fishing clubs.													C
Land restoration, flowage, ponds.													C
Preservation of scenic, historic, and scientific areas.													P
Private parks and playgrounds.	C	C	C
Public parks and playgrounds.												P	P
Public and private campgrounds.													C
Public fish hatcheries.													P
Recreation camps.													C
Recreation-related structures not requiring basements.													P
Ski hills and trails.												P	C
Soil and water conservation.													P
Yacht clubs and marinas.													C

(8)

Accessory uses and structures.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Foster family care.	P
Home occupations.	P	P	P	P
Keeping of bees.	P	P		P	P		C	C			P	P	P
Keeping of chickens.	P	P
Outside storage.							C	P	P	P
Short-term rental of dwelling unit.	C	C	C	C	C	C
Uses and structures customarily incidental to a principal use.	P	P

(9)

Other uses.

Use	Zoning Districts
Use	R-1	R-2	R-3	R-4	R-5	R-6	B-1	B-2	I-1	I-2	G-1	P-1	C-1
Unlisted uses deemed by the Plan Commission to be substantially the same as a conditional use in the applicable zoning district. Once approved, this chapter shall be amended to include such use as a listed conditional use.	P	P	P	P	P	P	P	P	P	P	P	P	P
Unlisted uses deemed by the Plan Commission to be substantially the same as a permitted use in the applicable zoning district. Once approved, this chapter shall be amended to include such use as a listed permitted use.	C	C	C	C	C	C	C	C	C	C	C	C	C

(10)

Notes.

Table Codes	P - Permitted Use; C - Conditional Use
Specific Provisions	Please see specific provisions of this chapter for regulations and standards applicable to various permitted, conditional, and accessory uses.
Definitions	Please see definitions section[1] of this chapter for additional information applicable to various permitted, conditional, and accessory uses.

[1]

Editor's Note: See Article XIV, Definitions.

§ 530-53 R-1 District.

Purpose. The purpose of the R-1 District is to provide the opportunity for construction and maintenance of primarily single-family and two-family detached dwelling units at a low density.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-1 District.

Dimensional standards.

Lot Standards
Lot	Minimum Area
	Single-family dwelling	7,200 sq. ft.
	Two-family dwelling	12,000 sq. ft.
	Minimum frontage	60 ft.
	Minimum open space	50% of rear yard
Building and structure standards
Principal Structure	Minimum size per dwelling unit
	Single-family dwelling	none
	Two-family dwelling	none
	Maximum height	35 ft.
Detached garage	Maximum area	1,080 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	1
Accessory dwelling unit (ADU)	Maximum area	800 sq. ft.
Accessory dwelling unit (ADU)	Maximum height	25 ft.
Accessory structures	Maximum area	336 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Single-family dwelling	3, including detached garage and ADU but excluding transitory accessory structures
	Two-family dwelling	2, including detached garage and ADU but excluding transitory accessory structures
	Minimum roof pitch	4:12, excluding transitory accessory structures
Minimum Setbacks
Principal structure	Street yard	25 ft.
	Side yard, interior lot	10 ft. one side but no less than 25 ft. total
	Side yard, corner lot	15 ft.
	Rear yard	25 ft.
Accessory structures	From principal structure	10 ft.
	From accessory structures	3 ft.
	Side yard, interior lot	10 ft. one side but no less than 25 ft. total
	Side yard, corner lot	15 ft.
	Rear yard	3 ft.
	Rear yard w/alley	10 ft.

§ 530-54 R-2 District.

Purpose. The purpose of the R-2 District is to provide the opportunity for construction and maintenance of primarily single-family and two-family detached dwelling units at a medium density reflecting the unique character of Weyauwega's older neighborhoods.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-2 District.

Dimensional standards.

Lot Standards
Lot	Minimum area	14,400 sq. ft.
	Minimum frontage	80 ft.
	Minimum open space	50% of rear yard
Building and structure standards
Principal structure	Minimum size per dwelling unit
	Single-family dwelling	none
	Two-family dwelling	none
	Maximum height	35 ft.
Detached garage	Maximum area	Lots less than 1 acre in size: 1,080 sq. ft.
		Lots one acre to 4.99 acres in size: 1,440 sq. ft.
		Lots 5 or more acres in size: 2,000 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	1
Accessory dwelling unit (ADU)	Maximum area	800 sq. ft.
Accessory dwelling unit (ADU)	Maximum height	25 ft.
Accessory structures	Maximum area	336 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum Number
	Single-family dwelling	3, including detached garage and ADU but excluding transitory accessory structures
	Two-family dwelling	2, including detached garage and ADU but excluding transitory accessory structures
	Minimum roof pitch	4:12, excluding transitory accessory structures
Minimum Setbacks
Principal structure	Street yard	25 ft.
	Side yard, interior lot	8 ft.
	Side yard, corner lot	15 ft.
	Rear yard	25 ft.
Accessory structures	From principal structure	10 ft.
	From accessory structures	3 ft.
	Side yard, interior lot	10 ft. one side but no less than 25 ft. total
	Side yard, corner lot	15 ft.
	Rear yard	3 ft.
	Rear yard w/alley	10 ft.

§ 530-55 R-3 District.

Purpose. The purpose of the R-3 District is to provide for multifamily residential development at higher land use densities than allowed in the other residential districts.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-3 District.

Dimensional standards.

Lot Standards
Lot	Minimum area	15,000 sq. ft. with no less than 2,500 sq. ft. per unit
	Minimum frontage	120 ft.
	Minimum open space	25% of rear yard
Building and structure standards
Principal structure	Minimum size per dwelling unit
	One bedroom	none
	Two bedrooms	none
	Three or more bedrooms	none
	Maximum height	45 ft.
Detached garage	Maximum area	264 sq. ft. per dwelling unit
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	1
Minimum Setbacks
All structures	Street yard	35 ft.
	Side yard	20 ft.
	Rear yard	50 ft.

§ 530-56 R-4 District.

Purpose. The purpose of the R-4 District is to provide for rural estate single-family residential development at densities not to exceed one dwelling unit per gross five or more acres.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-4 District.

Dimensional standards.

Lot Standards
Lot	Minimum area	5 acres
	Minimum frontage	125 ft.
	Minimum open space	65%
Building and structure standards
Principal structures	Minimum size	none
Principal structures	Maximum height	35 ft.
Detached garage	Maximum area	2,000 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	1
Accessory dwelling unit (ADU)	Maximum area	800 sq. ft.
Accessory dwelling unit (ADU)	Maximum height	25 ft.
Accessory structures	Maximum area	336 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	3, including detached garage and ADU but excluding transitory accessory structures
	Minimum roof pitch	4:12, excluding transitory accessory structures
Minimum setbacks
All structures	Street yard	35 ft.
	Side yard	20 ft.
	Rear yard	50 ft.

§ 530-57 R-5 District.

Purpose. The purpose of the R-5 District is to provide for varied housing options in traditional neighborhoods that have access to public sewer and water at higher densities than allowable in the other residential districts.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-5 District.

Dimensional standards.

Lot Standards
Lot	Minimum area
	Single-family dwelling	5,000 sq. ft.
	Two-, Three-, and Four-family dwellings	10,000 sq. ft.
	Minimum frontage	45 ft.
	Minimum open space	20% of rear yard
Building and structure standards
Principal structure	Minimum size per dwelling unit
	Single-family dwelling	none
	Two-, Three-, and Four-family dwellings	none
	Maximum height	35 ft.
Detached garage	Maximum area	720 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number	1
Accessory structures	Maximum area	336 sq. ft.
	Maximum height	25 ft., but no higher than principal structure
	Maximum number
	Two-, Three-, and Four-family dwellings	1 per dwelling unit
	Minimum roof pitch	Complimentary to principal structure
Minimum Setbacks
Principal structure	Street yard	10 ft.
	Side yard	8 ft.
	Rear yard	8 ft.
Accessory structures	From principal structure	10 ft.
	From accessory structures	3 ft.
	Side yard	8 ft.
	Rear yard	8 ft.
	Rear yard w/alley	10 ft.

§ 530-58 R-6 District.

Purpose. The purpose of the R-6 District is to provide mobile home parks that involve higher housing densities than allowed in the other residential districts in specific areas designated within the City.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the R-6 District.

Dimensional standards.

Lot and Space Standards - R-6 District
Lot	Minimum area	5 acres
	Minimum frontage	200 ft.
	Minimum open space	25% of total lot area, excluding areas lying within floodways or wetlands
Spaces	Minimum area	6,000 sq. ft.
	Minimum width	50 ft.
	Minimum depth	100 ft.
	Minimum open space	50%
Building and structure standards - R-6 District
Principal structure	Minimum size	As determined by statute
	Maximum height	15 ft. [a]
	Minimum roof pitch	2:12
Detached garage	Maximum area	308 sq. ft.
	Maximum height	15 ft. [a]
	Maximum number	1 stall per unit
Setbacks - mobile home spaces - R-6 District
Principal structures	Street yard	25 ft.
	Side yard	10 ft.
	Rear yard	25 ft.
Accessory structures	Side yard	10 ft.
Accessory structures	Rear yard	25 ft.
All development in the R-6 District shall comply with the requirements of the mobile home park site plan.
[a] See § 530-27, Modifications, of this chapter.

Other requirements.

(1)

Subject to the terms, conditions, and limitations set forth herein, it shall be unlawful for any person to establish, operate, or maintain or permit to be established, operated, or maintained upon any property within the City a mobile home park which is not in compliance with this section.

(2)

Development in the R-6 District provide a quiet and pleasant living area that is harmonious with the surrounding area. Further, manufactured home parks shall be well landscaped and well planned, shall provide a well-planned and designed internal street system, and shall be well maintained. Mobile home parks shall not be located in areas unsuitable for residential use.

(3)

Development in the R-6 District is limited primarily to mobile and manufactured homes on smaller lots and certain community and recreational facilities to serve residents of the district.

(4)

It is the intent of this section to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as mobile homes within the definitions of this article and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited.

(5)

No occupied mobile home shall be permitted to be located in the City unless the same is in a licensed mobile home park, except those mobile homes now occupied outside of a mobile home park, which right to occupy ceases when the present occupant thereof vacates said mobile home either by death, sale or otherwise.

(6)

Each mobile home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed.

(7)

Each mobile home (Class I or II) shall be equipped with foundation siding which in design, color, and texture appears to be an integral part of the adjacent exterior wall of the mobile home. The roof shall be permanently covered with nonreflective material.

License for mobile home park; application and issuance.

(1)

It shall be unlawful for any person to establish, operate or maintain or permit to be established, operated or maintained upon any property owned, leased or controlled by him/her a mobile home park within the limits of the City of Weyauwega without first having obtained a license for each such mobile home park from the Common Council pursuant to this article. Such license shall expire one year from the date of issuance but may be renewed under the provisions of this article for additional periods of one year.

(2)

The application for such license or the renewal shall be accompanied by a fee as set by the Common Council.

(3)

The application for a license or a renewal thereof shall be made on forms furnished by the City Clerk and shall include the name and address of the owner in fee of the lands upon which said mobile home park is to be located (if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him/her to construct or maintain the mobile home park and to apply for a license), and the location and legal description of the premises upon which the mobile home park is to be or is located as will readily identify and definitely locate the premises. The application shall be accompanied by two copies of the approved mobile home park site plan.

(4)

Every licensee shall furnish the City Clerk and City Assessor with information on mobile homes added to the mobile home park within five days after their arrival on forms prescribed by the Department of Revenue.

(5)

Revocation and suspension. The Common Council may suspend or revoke a license after a hearing held pursuant to state statutes.

Mobile home park site plan.

(1)

Mobile home spaces shall be clearly defined and comply with the requirements of this chapter.

(2)

Each mobile home space shall be landscaped consistent with the requirements of this chapter.

(3)

Roads.

(a)

The park shall be arranged so that all spaces shall face or abut on a roadway of not less than 60 feet in width, giving ease of access from all spaces to a public street.

(b)

Such roadways shall be paved with asphalt or concrete and maintained in good condition and provide for adequate stormwater drainage.

(c)

The roadways shall be well lighted and shall not be obstructed.

(4)

Electrical service to mobile home spaces shall conform to the regulations set forth in the Wisconsin State Electrical Code, incorporated herein by reference as though in full set forth.

(5)

All mobile homes within the park shall be parked within the designated spaces.

(6)

Buffer strip.

(a)

For the protection of abutting parcels and spaces, a vegetated buffer strip no less than 10 feet in depth, decorative screening fence, or combination thereof shall be provided within the side and rear yards of the mobile home space.

(7)

Two off-street parking stalls shall be provided within each mobile home space.

(8)

All mobile homes in mobile home parks shall be skirted, unless the unit is placed within one foot vertically of the stand with soil and other material completely closing such space from view and entry by rodents and vermin. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.

(9)

Construction on or addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to the addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all required setbacks for mobile home units.

Sanitary regulations. All mobile homes parks shall conform to the sanitation and health regulations as set forth by the State of Wisconsin and Waupaca County.

Operation of manufactured home parks; responsibility of park management.

(1)

The Manufactured Home Community Operator shall comply fully with the requirements of § SPS 326.26(1), Wis. Admin. Code, and shall be available during reasonable hours:

(a)

In the City of Weyauwega, or

(b)

In close proximity to the City of Weyauwega, or

(c)

Via electronic means.

(2)

The attendant or person in charge and the park licensee shall operate the park in compliance with this section and regulations and ordinances of the City and state and their agents or officers and shall have the following duties:

(a)

Maintain a copy of the park license.

(b)

Maintain a register of all park occupants, to be open at all times to inspection by state, federal, and municipal officers, which shall show:

[1]

Names and addresses of all owners and occupants of each mobile home.

[2]

Number of children of school age.

[3]

State of legal residence.

[4]

Date of entrance and departure of each mobile home.

[5]

Make, model, year, and serial number of each mobile home and license number of towing or other motor vehicles and state, territory, or country issuing such licenses.

[6]

Place of employment of each occupant.

(c)

Notify park occupants of the provisions of this section and inform them of their duties and responsibilities and report promptly to the proper authorities any violation of this section or any other violations of law which may come to their attention.

(d)

Notify the City Clerk immediately of any suspected communicable or contagious disease within the park.

(e)

Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections.

(f)

Maintain park grounds, buildings, and structures free of insect and rodent harborage and infestation and accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests and maintain the park free from growth of noxious weeds or invasive species.

Prior existing mobile home parks. The requirements of this section shall not apply to mobile home parks existing prior to the adoption of this section. All provisions of this section, however, shall apply to additions to existing mobile home parks and new manufactured home parks.

Additions to parks. Licensees of mobile home parks shall furnish information to the City Clerk and Assessor on such homes added to their park within five days after their arrival on forms furnished by the City Clerk. Failure to comply with this section shall be subject to a forfeiture of not more than $25. Each failure to report is a separate offense.

Parking permit fees. There is hereby imposed on each occupied, nonexempt mobile home located in the City a parking permit fee in such amount as determined in accordance with Wis. Stats., § 66.0435. Said fees shall be paid to the City Treasurer on or before the 10th day of the month following the month for which such fees are due. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied, nonexempt mobile home therein and to remit such fees to the City Treasurer. Failure to do so is to be treated like a default in payment of personal property taxes and subject to all procedures and penalties applicable under Chs. 10 and 74 of the Wisconsin Statutes Annotated.

Payment of fees for homes outside parks. Occupants of nonexempt mobile homes parked outside of a mobile home park shall remit monthly parking permit fees directly to the City Treasurer.

Violations and penalties. Any person who shall violate any provision of this article or who shall fail to obtain a license or permit as required hereunder shall be subject to a penalty as provided in the City Code.

§ 530-59 B-1 District.

Purpose. The purpose of the B-1 District is to provide an area for the business, financial, professional, and commercial needs of the community, especially those which can be most suitably located in a compact, centrally located traditional business district.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the B-1 District.

Dimensional standards.

Lot Standards - B-1 District
Lot	Minimum area	None
	Minimum frontage	None
	Minimum open space	None
Building and structure standards - B-1 District
Principal structure	Minimum size	None
	Maximum height	45 ft. [a]
	Maximum number	1
Accessory structures	Maximum area	None, but subordinate to first floor area of principal structure
	Maximum height	No higher than principal structure [a]
	Maximum number	1, excluding transitory accessory structures
Minimum Setbacks - B-1 District [a]
All structures	Street yard	None
	Side yard, corner lot	5 ft.
	Rear yard	25 ft.
	Alley	15 ft.
Driveway	Side yard	6 ft. from lot line
[a] See § 530-27, modifications, of this chapter.

§ 530-60 B-2 District.

Purpose. The purpose of the B-2 District is to encourage the growth and development of business activities and establishments which require highway frontage and exposure due to their automobile and vehicular orientations.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the B-2 District.

Dimensional standards.

Lot Standards - B-2 District
Lot	Minimum area	None
	Minimum frontage	66 ft.
	Minimum open space	20%
Building and structure standards - B-2 District
Principal structure	Minimum size	None
	Maximum height	35 ft. [a]
	Maximum number	1
Accessory structures	Maximum area	None, but subordinate to first floor area of principal structure
	Maximum height	No higher than principal structure [a]
	Maximum number	1, excluding transitory accessory structures
Minimum Setbacks - B-2 District [a]
All structures	Street yard	50 ft.
	Side yard, corner lot	20 ft.
	Rear yard	20 ft.
[a] See § 530-27, Modifications, of this chapter.

§ 530-61 I-1 District.

Purpose. The purpose of the I-1 District is to provide an area for manufacturing, marketing, and industrial and agribusiness activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities, or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the I-1 District.

Dimensional standards.

Lot Standards - I-1 District
Lot	Minimum area, publicly sewered lots	none
	Minimum frontage	none
	Minimum open space	30% of lot
Building and structure standards - I-1 District
Principal structure	Minimum size	None
	Maximum height	45 ft. [a]
	Maximum number	1 per lot
Accessory structures	Maximum area	None
	Maximum height	35 ft, but no higher than principal structure [a]
	Maximum number	None
Minimum Setbacks - I-1 District
All structures	Street yard	25 ft.
	Side yard, interior lot	10 ft.
	Rear yard	30 ft.
[a] See § 530-27, Modifications, of this chapter.

§ 530-62 I-2 District.

Purpose. The purpose of the I-2 District is to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, certain specialized manufacturing operations, and research and development institutions. The essential purpose of this district is to achieve development which is practical, feasible and economical and an asset to the owners, neighbors, and the City and to promote and maintain desirable economic development activities in a park-like setting.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the I-2 District.

Dimensional standards.

Lot Standards - I-2 District
Lot	Minimum area, publicly sewered lots	none
	Minimum frontage	none
	Minimum open space	30% of lot
Building and structure standards - I-2 District
Principal structure	Minimum size	None
	Maximum height	35 ft. [a]
	Maximum number	1 per lot
Accessory structures	Maximum area	None
	Maximum height	35 ft, but no higher than principal structure [a]
	Maximum number	None
Minimum setbacks - I-2 District
All structures	Street yard	25 ft.
	Side yard, interior lot	15 ft.
	Side yard, corner lot	20 ft.
	Rear yard	30 ft.
[a] See § 530-27, Modifications, of this chapter.

§ 530-63 G-1 District.

Purpose. The purpose of the G-1 District to provide for public/civic, healthcare, religious, and other such structures and uses that may not otherwise be compatible with the structures and uses permissible in other zoning districts due to their specialized land use needs and public or quasi-public purpose.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the IN District.

Dimensional standards.

Lot Standards - G-1 District
Lot	Minimum area	None
	Minimum frontage	None
	Minimum open space	30%
Building and structure standards - G-1 District
Principal structure	Minimum size	None
	Maximum height	45 ft. [a]
	Maximum number	none.
Accessory structures	Maximum area	None, but subordinate to first floor area of principal structure
	Maximum height	No higher than principal structure [b]
	Maximum number	1, excluding transitory accessory structures
Minimum Setbacks - G-1 District [a]
All structures	Street yard	20 ft.
	Side yard, corner lot	5 ft.
	Rear yard	25 ft.
	Alley	15 ft.
Driveway	Side yard	6 ft. from lot line
[a] See § 530-27, Modifications, of this chapter.

§ 530-64 P-1 Park District.

Purpose. The purpose of the P-1 District is to provide for areas devoted to public recreational uses.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the P-1 District.

Dimensional standards. No buildings or structures of any nature, temporary or permanent, shall be erected or placed in the district other than those owned or placed by the City of Weyauwega.

§ 530-65 C-1 District.

Purpose. The purpose of the C-1 District is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational, or aesthetic value of the community.

Uses. See § 530-52 for a complete list of permitted uses and conditional uses in the C-1 District.

Dimensional standards.

Lot Standards - C-1 District
Lot	Minimum area	1.5 acres
	Minimum frontage	150 ft.
	Minimum open space	n/a
Building and structure standards - C-1 District
Principal structure	Minimum size	None
	Maximum height	35 ft. [a]
	Maximum number	None
Accessory structures	Maximum area	None
	Maximum height	35 ft, but no higher than principal structure [a]
	Maximum number	None
Minimum Setbacks - C-1 District
All structures	Street yard	20 ft.
	Side yard	20 ft.
	Side yard (structures used for the housing or shelter of animals)	100 ft.
	Rear yard	20 ft.
[a] See § 530-27, Modifications, of this chapter.

§ 530-66 TZ District.

Purpose. The purpose of the TZ District is to provide a temporary zoning district to accommodate lands recently annexed to the City of Weyauwega, subject to the following:

(1)

Annexation to or consolidations with the City subsequent to the effective date of this chapter shall be placed in the TZ District.

(2)

Such lands shall remain in the TZ District for a period of time not to exceed 365 days from the date of approval of the annexation.

Uses. Permitted uses in the TZ District are those uses currently in place on the land. No other uses other than uses incidental to the current use are allowable.

Fees. Notwithstanding the provisions of Wis. Stats., § 16.53(14), the Common Council may, in its sole discretion, pay the annexation petition review fees prescribed by the Wisconsin Department of Administration.

§ 530-67 CCD Overlay.

Purpose. The purpose of the CCD Overlay is to provide flexibly in development regulations to promote a concentration of mixed development including retail, service, office, and residential uses. The type, location, and configuration of land uses shall be designed to encourage a safe and attractive streetscape and a more walkable and livable community.

Uses.

(1)

Permitted uses.

(a)

Any use listed in § 530-52 as a permitted use in the B-1 District.

(2)

Conditional uses. Any of the following uses when determined by the Plan Commission during the site plan review process to be compatible with an existing use in the same structure, on the same parcel, or on an abutting parcel.

(a)

Any use listed in § 530-52 as a conditional use in the B-1 District.

(b)

Any use listed in § 530-52 as a permitted use in the G-1 District.

(c)

Any use listed in § 530-52 as a permitted use in the P-1 District.

(d)

Upper story residential dwelling units.

(e)

Bed-and-breakfast establishments.

(f)

Courtyard cottages.

(g)

Single-family dwelling, attached.

(h)

Two-, three-, and four-family dwelling units.

(i)

Single-family dwelling, detached.

(j)

Multiple principal structures on a single lot so long as each is compliant with required setbacks.

Dimensional standards.

Lot Standards - B-1 District
Lot	Minimum area	None
	Minimum frontage	None
	Minimum open space	None
Building and structure standards - B-1 District
Principal structure	Minimum size	None
	Maximum height	45 ft. [a]
	Maximum number	One
Accessory structures	Maximum area	None, but subordinate to first floor area of principal structure
	Maximum height	No higher than principal structure [b]
	Maximum number	1, excluding transitory accessory structures
Minimum Setbacks - B-1 District [a]
All structures	Street yard	None
	Side yard	5 ft.
	Rear yard	25 ft.
	Alley	15 ft.
Driveway	Side yard	6 ft. from lot line
[a] See § 530-27, Modifications, of this chapter.

General standards.

(1)

Loading and unloading activities. The required site plan permit shall establish the times within which loading and unloading of goods may occur on the street, provided that, in no event, shall loading or unloading take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

(2)

Lighting. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the residential uses in the development nor any adjacent residential uses. In no case shall lighting spill over onto an adjoining parcel.

(3)

Recycling and refuse storage facilities. Recycling and refuse storage facilities for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the development. Recycling and refuse storage facilities for nonresidential uses shall be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors when residential uses might be impacted. Trash areas for food service and sales uses, when occupying the same building as residential uses, shall be refrigerated to control odor.

(4)

Residential noise notice. Residents of new residential or mixed-use development projects in the CCD Overlay, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in a mixed-use environment and that the noise levels may be higher than a strictly residential area. The covenants, conditions, and restrictions of a residential or mixed-use project shall require that prospective residents acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information.

Design standards. Development of any parcel or structure that will contain a commercial and noncommercial use shall comply with the following:

(1)

Siting. The siting of the building shall:

(a)

Reflect, rather than obscure natural topography.

(b)

Enable significant or important trees and other natural landscape elements to be preserved as determined by the Plan Commission.

(c)

Be compatible with the original structure, when the structure is an addition to an existing structure.

(2)

Building orientation. Local climatic conditions shall be considered when orienting buildings. For example, north-facing facades are especially susceptible to winter snow and ice accumulation, and entries may require special treatment. Snow piling zones along street shall be considered in arranging building elements on the site. Adequate solar access shall be considered when planning outdoor spaces, with shade and relief from glare provided by landscaping and overhead structures.

(3)

Street corners. Buildings located on street corners shall recognize the importance of their location by:

(a)

Concentrating tallest portions of the building at the intersection where they may frame the corner.

(b)

Employing architectural features, such as angled facades, prominent entrances, a stepped parapet wall, or other unique building features at the corner or employing a similar technique as approved by the Plan Commission.

(4)

Pedestrian environment.

(a)

Site design shall locate pedestrian routes connecting residential, recreational, and commercial uses to minimize contact with normal vehicular traffic. This can be achieved by designing crossings at traffic stop points, and/or by announcing crossings with signage, pavement changes, and landscape features.

(b)

Pedestrian use can be increased by the addition of amenities such as benches, drinking fountains, planters, trash receptacles, path lighting, and bicycle racks.

(c)

When existing sidewalks, curbs, gutters, or other public improvements have deteriorated, the development shall be required to replace and/or repair the public amenities.

(d)

When sidewalks exist or are proposed, new development shall be sited and designed to encourage pedestrian activity.

(5)

Building massing and form. Unless otherwise provided in this chapter, building form may vary widely, so long as certain features of building form are considered:

(a)

Within the development, variability in size and shape of buildings shall occur.

(b)

Incorporating pedestrian-scale features at the ground level will help encourage pedestrian use. Examples include articulated entries and window canopies, arcades, recessed entries, changes in color, material, or texture.

(c)

Facade modulation shall be utilized to reduce the apparent bulk of a large building, where applicable.

(d)

Large, unbroken expanses and long, continuous rooflines shall be avoided.

(6)

Building materials.

(a)

A wide range of exterior building materials is acceptable, including but not limited to wood, brick, and stone. Materials appearing to derive from local natural settings are encouraged.

(b)

Metal-sided buildings are prohibited, except concealed fasteners, pre-finished metal, and architectural metal panels. Metal roofing is acceptable. Metal wainscot treatments not exceeding four feet in height are acceptable.

(7)

Architectural style.

(a)

The architectural character of new buildings or additions shall complement the architectural character of adjacent existing buildings.

(b)

Blank walls void of architectural detailing shall not be permitted.

(c)

Exceptions may be granted upon Plan Commission determination the relevant portion of the structures is not visible from adjacent development, public rights-of-way, trails, lakes, etc.

(8)

Entrance visibility. Entrances shall be clearly delineated and visible from the street.

(a)

Buildings shall be designed with delineated and unobstructed entries accessible from adjacent streets, as opposed to entries accessible only from parking lots.

(b)

When entries cannot be located adjacent to the street, delineated and unobstructed pathways using building and landscape elements shall enhance building entries.

(9)

Green space. Lots with multiple buildings shall include community green space.

Mixed-use requirements.

(1)

Integration of uses. Compatible residential and nonresidential uses may be integrated vertically or mixed horizontally.

(a)

Transition areas between residential and nonresidential uses, including parking and pedestrian/bicycle amenities, shall be carefully designed and landscaped.

(b)

Entrances. When nonresidential and residential uses are located in the same building, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses.

(c)

Mixed-use facade. Commercial and Residential Entrances.

(2)

Compatibility of uses. The proposed use shall be determined by the Plan Commission to be compatible with, or that through appropriate site planning can be rendered compatible with, the following, as applicable:

(a)

The existing use of an abutting parcel.

(b)

The existing use in another structure located on the same parcel.

(c)

All existing uses located within the same structure, excepting business incubators as defined in this chapter.

(3)

Limitations on use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable zone subject to the following additional limitations.

(a)

Prohibited uses. The following uses and activities shall not be permitted within any mixed-use development:

[1]

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.

[2]

Manufacturing or industrial activities, including but not limited to welding, machining, or any open flame work.

[3]

Any other activity or use, as determined by the Plan Commission to have the possibility of affecting the health or safety of residents due to potentially harmful external impacts including, but not necessarily limited to: dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or any other action that would be hazardous because of materials, processes, products, or wastes.

Non-mixed-use residential development.

(1)

Site requirements.

(a)

Lots for apartment or condominium buildings shall balance the functional requirements of parking with the provision of pedestrian amenities.

(b)

Courtyards or internal parks enclosed by apartment or condominium structures are highly encouraged.

(c)

A logical network of walkways that connect sidewalks, common open space, and parking lots shall be provided.

(d)

When site conditions enable the locations of apartment or condominium buildings close to Fulton Street, a landscape buffer between the street and development lot lines shall be provided.

(e)

Setbacks and screening shall be provided between apartment or condominium buildings, parking areas, and adjacent properties.

(2)

General requirements.

(a)

Whenever possible, developments shall be organized around interconnected greenways.

(b)

Large expanses of one housing style (i.e., single-family, garden apartments, duplexes, etc.) are not desirable.

(c)

Neighborhood designs shall encourage walking to destinations in the area.

(d)

Street layouts shall not be so circuitous and lacking in connections between streets that residents are forced to drive.

(e)

The use of cul-de-sacs are not permitted, unless by using them significant environmental resources are protected.

(f)

Front porches and stoops are encouraged on both single and multifamily units.

(g)

Buildings with multiple dwelling units are expected to include varied rooflines, and varied facade depths to create variety and individuality of dwelling units within the building.

§ 530-68 PDD Overlay.

Purpose.

(1)

The purpose of the PDD Overlay is to encourage and provide a means for creating desirable and quality development by permitting greater flexibility and design freedom than permitted under the basic zoning district regulations. These regulations are established to permit latitude in the development of the building sites if such development is found to be in accordance with the purpose, spirit, and intent of this chapter and the City of Weyauwega Comprehensive Plan[1] and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values, or the character of the neighborhood or the health, safety, and welfare of the City of Weyauwega.

[1]

Editor's Note: The Comprehensive Plan is on file in the City offices.

(2)

It is intended to permit and encourage diversification, variation, and imagination in the relationship of uses, landscaping, design, structures, open spaces, lot sizes, and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate the preservation of open space and other natural features such as woodlands, floodplains, and wetlands by incorporating these features into the overall development.

Application.

(1)

This section shall serve as an option in addition to the permitted uses and regulations applicable to all zoning districts in the City and shall apply only to those lands which are hereby and may hereafter be zoned PDD Overlay by the Common Council. Existing zoning shall continue in full force and effect and shall be solely applicable until such time as the Common Council grants final approval for the PDD Overlay.

(2)

All required improvements, construction standards, engineering standards, and all other applicable standards contained within the City of Weyauwega Code of Ordinances shall be complied with, except where specifically varied through the provisions of this chapter.

Minimum size of PDD Overlay. No district shall be established unless it contains the minimum area specified in this section and has at least 200 feet of frontage or City-approved private road access. The minimum gross area required for a PDD is as follows:

(1)

Two acres where the PDD Overlay is placed upon base residential districts.

(2)

One acre where the PDD Overlay is placed upon base commercial or industrial districts.

Uses permitted.

(1)

Basic zoning uses. The following uses are permitted in a PDD Overlay upon obtaining all necessary approvals required under this section when determined by the Plan Commission to be compatible with other existing and/or proposed uses onsite:

(a)

All principal, accessory, and conditional uses permitted under the basic zoning regulations applicable to the zoning district in which the particular property is located.

(b)

Conservation subdivision plats shall have a minimum of 50% open space, of which at least 25% must be outside of environmentally sensitive areas. Stormwater management facilities and other public facilities may be located within the 25% of land outside of environmentally sensitive areas.

(c)

A mixture of residential types and recreational, commercial, and institutional uses may be developed to serve the residents of the PDD Overlay and/or residents of the surrounding area. Also, parking, signage, and any additional use restrictions for the uses shall be addressed in the ordinance that authorizes and establishes the proposed PDD development.

(2)

Building restrictions. Requirements for building height, size and floor area, lot size, setbacks (front, side, rear, and corner side), density, and open space shall be delineated in the preliminary and final development plans and the ordinance adopted that authorizes and establishes the proposed PDD Overlay. In no case shall these requirements be less than stated in other subsections of this section, and they shall be found to not be hazardous, harmful, offensive, or otherwise adverse to the environment, property values, or the character of the proposed development, surrounding neighborhood or community, or adverse to the health, safety, and welfare of the residents of the PDD Overlay and/or community as a whole. Notwithstanding the foregoing, if the final development plan does not address a specific zoning requirement (the non-addressed requirement), the provisions of the City of Weyauwega Zoning Ordinance shall apply to the development plan to the extent of the non-addressed requirements.

General provisions.

(1)

Engineering design standards. The width of rights-of-way, width and location of streets, sidewalks, or other paving requirements, outdoor lighting types and locations, public sanitary sewer, storm sewer, and waterlines, provision for stormwater retention and drainage, and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to perform the specific function in the specific situation; provided, however, that in no case shall construction standards be less than necessary to ensure the public safety and welfare. The City reserves the right to have the City's Engineer review all engineering aspects of the development at cost to the developer.

(2)

Approvals. The applicant shall develop the site in accordance with the terms and conditions of development presented to and approved by the Common Council. Any changes or additions to the original approved development site, structures, or plans of operation shall require resubmittal and recommendation by the Plan Commission and approval by the Common Council.

(3)

Rescinding approval. Failure to comply with the conditions, commitments, guarantees, or recommendations established in the approval of such development project shall be cause for rescinding the approval of the same. Upon notice given by the City Clerk, the applicant or agent then shall be required to appear before the Common Council at its next public meeting to explain any such failure to comply. The Common Council at such hearing shall determine whether or not the developer has failed to comply, and if there has been such a failure, may either:

(a)

Rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvement, shall become effective on the 31st day following a written notice of such decision sent by certified mail to the developer at his or her last known address; or

(b)

Adjourn such hearing for a period not to exceed 65 days to enable the developer to comply, whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there is such compliance. If the developer has not established to the reasonable satisfaction of the Common Council that there will be compliance in the future, the Board will proceed in accordance with Subsection E(3)(a), above.

Criteria for approval. As a basis for determining the acceptability of a PDD Overlay proposal, the following criteria shall be applied to the development proposal, with specific considerations as to whether or not it is consistent with the spirit and intent of this chapter and the City of Weyauwega Comprehensive Plan:[2]

(1)

Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be a visual, aesthetic, and operational character which:

(a)

Is compatible to the physical nature of the site, with particular concern for preservation of woodlands, open space, or other environmentally sensitive areas.

(b)

Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability, and functional practicality compatible with the general development plans for the community.

(c)

Would not adversely affect the anticipated provision for school, sewer, water, snow removal, garbage pickup, fire protection, or other municipal services.

(d)

Would provide sufficient and accessible off-street parking and loading facilities. Creativity in addressing the provision of parking is encouraged. Alternate parking arrangements may be used, such as exterior or interior satellite parking lots, provision of mass transportation, etc., to provide adequate parking within the requirements of this section.

(e)

Would be developed in a manner that encourages alternative means of transportation through the provision of sidewalks and/or off-street trails and a well-connected street pattern.

(2)

Preservation and maintenance of open space. Adequate provisions shall be made for the permanent preservation and maintenance of common open space and rights-of-way either by private reservation or dedication to the public.

(a)

Any identified reserved open space within a planned development shall first be offered to the City for conveyance and dedication for public open space.

(b)

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying an open space easement to the City over such open areas as part of the conditions for project approval. This easement shall restrict the areas from any further building or use except as specifically authorized as part of the development plan.

(c)

Proposed new construction or additions outside of the existing footprint of agricultural-related buildings shall require obtaining an amendment to the PDD. Agricultural-related buildings shall not be interpreted to mean new residential, commercial, or industrial buildings.

(d)

In the case of roadways, other rights-of-way, and stormwater management facilities which are not dedicated to the public, as part of the conditions for project approval there shall be granted to the City such easements over the same as may be necessary to enable the City to provide suitable and adequate fire protection, police protection, emergency services, sanitary and storm sewer, water, maintenance, recreational trail connections, and other required municipal services to the project area.

(e)

The construction, care, and maintenance of such open space reservations, stormwater management facilities, and rights-of-way shall be assured either by establishment of an appropriate management organization for the project or acceptance of dedication to the City. In any case the City shall have the right to carry out and levy an assessment for the cost of any maintenance that it feels necessary if it is not otherwise taken care of to the satisfaction of the City. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title of each property. The developer shall submit a landscape maintenance schedule and stormwater management plan with the final plan for approval by the City that satisfies the above requirements.

(f)

Ownership, maintenance, construction, and tax liability of private open space reservations and rights-of-way shall be established in a manner acceptable to the City and made a part of the conditions of plan approval.

(3)

Implementation schedule. The petitioners for a PDD Overlay shall submit a reasonable schedule for implementation of the development to the satisfaction of the Plan Commission and the Common Council, including suitable provisions for assurance that each phase could and should be brought to completion in a manner which shall not result in adverse effect upon the community as a result of termination at the end of any phase. The City may require the furnishing of a development agreement and a sufficient performance bond, escrow, or letter of irrevocable credit for construction.

(4)

Additional factors that may be considered by the Plan Commission and Common Council:

(a)

Height of structures.

(b)

Screening and fencing.

(c)

Landscaping.

(d)

Setbacks.

(e)

The site itself as it relates to neighborhood environment, compatibility to existing neighborhood use, and general neighborhood characteristics.

(f)

Nature and use of the proposed structures.

(g)

Design and architecture of the structures and the construction materials to be used.

(h)

Highway access to the site, number of driveways, and location.

(i)

Traffic generation, number of vehicles parked, and rate of turnover per hour.

(j)

Stormwater management.

(k)

Capacities required for sewer, water, and other necessary utilities.

(l)

Educational capacity capabilities (number of families and school load).

(m)

Economic impact on the City, its inducements, attractions, and detractions.

(n)

Lighting.

(o)

Proposed hours of operation.

(p)

Comparison of open space as required by the underlying basic zones with that proposed project.

(q)

Operational control.

(r)

Commencement and completion dates.

(s)

Highway/street dedication.

(t)

Signage.

(u)

Deed restrictions and sureties deemed necessary to protect the health, safety, and welfare of the community.

(v)

Impact on groundwater resources.

(w)

Method of sanitary waste disposal.

(x)

Such other limitations, conditions, special requirements, or characteristics to the use as may be deemed necessary to protect the health, safety, and welfare of the City.

[2]

Editor's Note: The Comprehensive Plan is on file in the City offices.

Procedures. No development shall be permitted within this district unless it is submitted, reviewed, and approved subject to the procedures set forth in this section.

Pre-application conference. Prior to filing of an application for PDD Overlay, the applicant of the proposed PDD Overlay shall contact the City Clerk to arrange a conference with City representatives and/or staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.

Preliminary approval.

(1)

Notice and fee. A person desiring to develop a particular site as a planned development project shall apply to the City Clerk on such forms as shall be provided by the City and shall pay a fee equal to cover the cost to the City of Weyauwega for reviewing the plans and specifications. All PDD Overlay fees shall be reviewed and set annually. The fee must accompany said forms. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers, a contact name, address, and telephone number, if different, and a description of the development site. Appropriate supporting documents and maps, as required in this section, shall be filed with the application.

(2)

Notice to Plan Commission. The City Clerk shall inform the Plan Commission of such desire and shall secure a date for a preliminary discussion between the developer and the Plan Commission and shall notify the developer of such date.

(3)

Preliminary PDD Overlay Plan Commission recommendation. The Plan Commission, after such preliminary discussions, and such further discussions as may be required with the applicant, shall report in writing such proposed project development to the Common Council, together with its recommendation for either approval, approval with modifications, or denial of the same. Such report and recommendation of the Commission shall be made to the Common Council no later than 90 days from the filing of the application with the City Clerk, unless agreed upon in writing by the City and applicant. A recommendation of approval from the Commission shall in no way be binding on the Common Council.

(4)

Information required. The following information shall be provided by the applicant in adequate detail to satisfy the Plan Commission for its recommendation regarding preliminary approval:

(a)

A statement describing the general character of the intended development.

(b)

An accurate map of the project area, drawn to scale no less than one inch equals 200 feet, showing the nature, use, and character of abutting properties prepared by a licensed surveyor. Application must include a graphic scale.

(c)

A digital submittal in PDF or comparable format along with no fewer than five paper copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 200 feet showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in this section:

[1]

Tract boundaries and a statement of the total acreage of the tract.

[2]

Significant physical features within the tract and outside the tract to a distance of 200 feet from the outer boundary of the tract, including existing two-foot contours, watercourses, drainage, ponds, lakes, wetlands, and other potential environmentally sensitive areas.

[3]

Existing zoning district(s) on the property and within 400 feet adjacent to the proposed project.

[4]

Property lines (if any) within the proposed project.

[5]

All contemplated land uses within the tract.

[6]

An indicator of the contemplated intensity of use (i.e., gross density in residential development, number of prospective tenants in office, commercial and industrial development, or recreational development).

[7]

Number and type of dwelling units.

[8]

Existing buildings that may affect future development and proposed location of all principal structures and associated parking area.

[9]

Proposed lot coverage of buildings and structures.

[10]

Proposed circulation systems (pedestrian, bicycle, auto, mass transit) by type and how they relate to the existing network outside this site.

[11]

Existing rights-of-way and easements which may affect the project.

[12]

In the case of plans which call for development in stages, a map at an appropriate scale showing the successive stages.

[13]

The location of sanitary and storm sewer lines, water mains, fire hydrants, and lighting.

[14]

The location of recreational and open space areas and areas reserved or dedicated for public uses, such as schools, parks, etc.

[15]

Description and proposed location of proposed stormwater management facilities.

[16]

General site treatment, including parking and refuse areas.

[17]

Landscaping plan.

(d)

Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development, and any other data pertinent to the evaluation under the criteria of this section.

(e)

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

(f)

General outline of intended organization structure related to property owners' association, deed restrictions, and private provision of common services, if any.

(g)

Economic feasibility and impact report may be required by the Plan Commission to provide satisfactory evidence of the project's economic feasibility, of available adequate financing, and of its not adversely affecting the economic prosperity of the City or the values of surrounding properties.

(h)

A description comprised of drawings, illustrations, images, and text, of how the proposed PDD Overlay will be compatible with, and integrated into, surrounding neighborhoods and the City as a whole.

(5)

Preliminary PDD Overlay public hearing. The Common Council shall hold a public hearing on the preliminary PDD Overlay within 60 days of receipt of the Plan Commission recommendation, unless the applicant and City agree to an extension in writing. A Class 2 notice pursuant to Ch. 985 of the Wisconsin Statutes Annotated, shall publish time, place, and purpose of the hearing. Such notification appearing in the City's official newspaper shall appear once during each of the two weeks prior to the scheduled date of such hearing, the last of which shall be at least one week before the hearing. The City shall also mail notice of the hearing to all parties of interest who have requested notification and property owners within 300 feet of the outer boundaries of the proposed PDD Overlay.

(6)

Preliminary PDD Overlay Common Council action.

(a)

The Common Council shall approve, approve with modifications, deny, or refer the proposed development back to the Plan Commission. The City Clerk shall provide a written summary of the Common Council action and any modifications to the preliminary plan and mail them to the applicant.

(b)

Approval of the preliminary development plan shall entitle the developer to final approval if the final development plan is submitted within one year of the date of approval of the preliminary plan and conforms to such layout and conditions of the approved preliminary plan and required final approval information and the applicant and City have executed a development agreement as required under the City of Weyauwega Code.

(c)

No building permits shall be issued on land within the PDD Overlay until the final plan is approved and all public improvements are in place and accepted by the City.

Amendment of preliminary plan approval.

(1)

The recommendation of the Plan Commission and the preliminary approval of the Common Council shall be based on and include as conditions thereto the building, site and operational plans for the development as approved, as well as all other commitments offered or required with regard to project value, character, or other factors pertinent to an assurance that the proposed development will be carried out as presented in the approved plans.

(2)

Detailed construction time and the approval of such preliminary plan shall be conditional upon the subsequent submittal and approval of more specific and detailed plans. Any subsequent change or addition to the plans or use shall first be submitted to the Plan Commission, and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, it shall within 60 days make an appropriate recommendation to the Common Council relating to an amendment of the preliminary approval.

(3)

An applicant desiring to amend an approved preliminary Overlay PDD shall apply to the City Clerk on such forms as shall be provided by the City and shall pay a fee equal to cover the cost to the City of Weyauwega for reviewing the plans and specifications. The fee must accompany said forms. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers, a contact name, address, and telephone number, if different, and a description of the development site. Appropriate supporting documents and maps, as required in this section, shall be filed with the application.

(4)

The Common Council shall hold a public hearing on the preliminary PDD amendment within 60 days, following the Plan Commission recommendation, unless the applicant and City agree to an extension in writing. The City shall also mail notice of the hearing to all property owners within 300 feet of the proposed PDD and parties of interest who have requested notification.

Final approval.

(1)

Petition for final approval. When the Common Council has issued its preliminary approval of the proposed plan, then the applicant may file with the City Clerk a petition executed by the owner, or its agent, of the property to be developed for the final approval stating that it seeks to develop such property under the provisions of this section. Such petition shall include (unless previously submitted and unchanged from the preliminary plan):

(a)

The names, mailing addresses, and telephone numbers of any additional owners and developers of the development site, and the names of owners and developers listed on the application that no longer have an interest in the project, in the event there has been a change in owners or developers since the date of application.

(b)

An accurate topographical map showing topographical data at two-foot intervals and extending within 200 feet beyond the exterior boundaries of such site, showing all public rights-of-way and all buildings accurately located within 200 feet of the exterior boundaries of such site. Such map shall contain all available utilities, including drainage and capacities thereof, and high-water elevations along rivers.

(c)

A scale plot plan showing the location, type, and size of every proposed structure and its proposed use; also, driveways, driveway access roads, refuse areas, parking facilities, lighting appliances, recreation areas, loading docks, open spaces, screening, fencing, and landscaping areas, and utility easements.

(d)

A statistical table showing the size of the site in square feet, the acreage (exclusive of public streets), proposed population densities, and open areas (both in square feet and as a percentage of the project area).

(e)

Architectural drawings of all buildings and structures and sketches showing the design characteristics and treatment of exterior elevations and typical floor plans of proposed structures.

(f)

A table showing the approximate cost of structures.

(g)

A statement showing the starting and completion dates of the project.

(h)

Any other pertinent data, statements, drawings, or plans which may be required by the Plan Commission or the Common Council.

(i)

Square footage of buildings.

(j)

Square footage of offices and production areas and the proposed number of employees in such area for commercial and industrial developments.

(k)

Detailed signage sketch elevations.

(l)

Details of proposed use or uses and manner of operation.

(m)

The municipal services that may be required to serve the area.

(2)

Final PDD Overlay Plan Commission recommendation. The Plan Commission shall make a formal recommendation to the Common Council and provide written findings of fact upon which its recommendation is based in the official minutes of the Plan Commission meeting. The Plan Commission shall make a recommendation to the Common Council within 60 days of the submittal of a final plan to the City Clerk based upon the criteria in this section and the information provided by the applicant.

(3)

Final PDD Overlay Common Council action.

(a)

The Common Council shall have an additional 60 days after the public hearing in which to approve, approve with modifications, refer back to the Plan Commission, or deny the application, unless an extension is granted through written agreement between the City and applicant. The Common Council shall base its decision on the criteria in this section information provided by the applicant, and official testimony at the public hearing. Approval by the Common Council of the final plan shall also constitute approval of the PDD Overlay zoning.

(b)

The Common Council shall provide written findings of fact regarding its action and direct the City Clerk to provide written notification to the applicant of the Common Council action and the findings of fact.

(c)

The applicant is responsible for any county or state filings and fees.

(d)

A development agreement shall be negotiated and executed by the applicant and City prior to final approval as described in the City of Weyauwega Code.

Failure to begin construction or establish use. If no construction has begun, or no use has been established in the PDD Overlay, within 12 months from the approval of the final plan, the final plan and related restrictions and conditions shall lapse and be of no further effect. In its discretion and for good cause, the Common Council may extend for not more than six months the period for the beginning of construction or the establishment of a use.

Amendments.

(1)

Post-Approval Changes to PDD. Any change to a use or structure approved as part of the PDD Overlay, or the addition of a new use or structure, may require an amendment to the PDD Overlay. Such a requirement shall be at the discretion of the Plan Commission based upon its determination the change in an existing use or structure or addition of a new use or structure constitutes a substantive change to the approved PDD Overlay. Uses determined by the Zoning Administrator to not constitute a substantive change shall not require PDD Overlay amendment.

(2)

The Common Council must approve any amendment to regulations, restrictions, or conditions for an approved final PDD. Such regulations, restrictions, or conditions may include but are not limited to changes or alterations to landscaping, architectural design, type of construction, sureties, lighting, fencing, planting screens, operational control, hours of operation, signs, improved traffic circulation, deed restriction, highway access restrictions, minor alterations or minor additions, building height or area of existing structures, off-street parking, or loading requirement changes.

(3)

The applicant shall pay a fee for the cost of review and processing of an amendment.

Interpretation.

(1)

In the interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(2)

Further, development shall be planned, reviewed, and carried out in conformance with all municipal, state, and other laws and regulations. However, in interpreting and applying the provisions of this section or any PDD adopted under this section, they shall take precedence and be controlling when there is conflict between their provision and those of the zoning provisions of this chapter.

§ 530-69 through § 530-79. (Reserved)