Consultant outlines major rewrite of Pewaukee zoning code, proposes zoning matrix and clearer definitions

Oren Sumwalt of Foth Infrastructure & Environment told the Pewaukee Plan Commission that the city's zoning ordinance is usable but difficult to navigate and that his team will propose a reorganization to make it easier for staff and the public to use. "The bad news is it could be more user friendly," he said, summarizing the consultants' diagnostic.

The presentation focused on three core changes the consultants recommend: consolidating scattered use lists into a single zoning matrix that shows permitted, conditional and prohibited uses by district; moving land‑use definitions into a dedicated article with consistent, use‑specific standards; and adding objective, measurable criteria so conditional‑use decisions comply with state law. "We're proposing to pull the list of uses from each of the zoning districts and consolidate all of that information into this land use matrix," Sumwalt said, explaining the matrix would make it easier to find whether a use is allowed and simpler to amend in the future.

Why it matters: the commission and staff said the current code's pyramidal cross‑references and buried standards make review slow and lead residents to call staff for clarification. Consultants warned that under 2017 Wisconsin Act 67, unspecified conditional uses are presumed allowed unless a municipality shows by substantial evidence they should be denied, and recommended removing ambiguous "special conditional uses" or replacing them with defined uses and measurable standards.

Commissioners pressed the consultants on several likely flashpoints. Accessory dwelling units (ADUs) drew particular interest: commissioners asked whether ADUs should be allowed by right, limited to family members, or treated as conditional uses. Sumwalt said ADUs are on the state's agenda and recommended the commission discuss specific standards when the draft returns. He noted the matrix and consolidated Article 5 would include definitions and standards for uses such as animal boarding, with measurable setbacks and operating requirements to address predictable impacts.

The consultants also discussed the potential to consolidate similar zoning districts (for example, multiple manufacturing districts) to reduce complexity, but cautioned that combining districts can resemble rezoning and will require careful outreach if adopted. On parking and density, Sumwalt said many communities are rethinking minimum parking requirements and that the city's 40% green‑space standard is comparatively high; the consultants do not recommend lowering that citywide without focused discussion.

Next steps: Foth told the commission it will prepare a draft ordinance and tables and return for further planning commission review and public hearing. "We'd wanna bring it back by your May meeting, if not your April meeting," Sumwalt said. Staff asked commissioners to submit specific concerns to staff so the consultants can address them in the draft. The commission did not take formal action at this meeting; the item will return for detailed review.