Auburndale Village City Zoning Code

For the purposes of this chapter, the village is hereby divided into the following districts:

(1)

R-1 Single-Family Residential District.

(2)

R-2 Multifamily Residential District.

(3)

AG-1 Agricultural District.

(4)

C-1 General Commercial District.

(5)

R/C-1 Residential/Light Commercial District.

(6)

I-1 Industrial District.

(7)

OSR Open Space and Recreation District.

(8)

M Non-Metallic Mining Overlay District.

(Ord. of 3-11-1996, § 5.01)

(a)

The boundaries of the districts listed in section 16-73 are hereby established as shown on the map titled "Official Zoning Map, Village of Auburndale, Wood County, Wisconsin," dated March 11, 1996, hereinafter referred to as the "official zoning map." That map is made a part of this chapter. All notations and references shown on the official zoning map are as much a part of this chapter as though specifically described herein.

(b)

In un-subdivided property, the district boundary lines shown on the official zoning map shall be determined by use of the scale shown on such map.

(Ord. of 3-11-1996, § 5.02)

(a)

Purpose. The R-1 Single-Family Residential District is intended to be used where concentrations of single-family homes have developed, are likely to develop or are proposed to be developed in the village. The purpose of this district is to provide areas in the village where a relaxed residential environment can be developed and preserved with protection from encroachment of other, incompatible uses. Certain neighborhood facilities are allowed to provide support services to the residential uses, including churches, schools, recreational facilities and libraries, provided the requirements of this chapter can be met with respect to parking, lighting, signing, etc. It is the intent that this district not allow uses which will be a detriment to the health and safety of persons living in the R-1 districts or which will have a negative impact on property values of the permitted uses, such as commercial and industrial uses that generate traffic or keeping of farm animals where odors, noise, or runoff may be offensive or unhealthy in higher density developments.

(b)

Permitted uses. The following uses are permitted in the R-1 district:

(1)

Single-family detached residential dwellings.

(2)

Accessory buildings, including private garages and buildings clearly incidental to the use of the property; provided, however, that no accessory building may be used as a separate dwelling unit.

(c)

Conditional uses. Uses not listed in subsection (b) of this section may be allowed as a conditional use in the R-1 district, provided they are found to be compatible with the neighborhood in which they are proposed, provided there are no negative environmental impacts, the procedures in article V of this chapter are adhered to, and provided the intent of this chapter (section 16-2) and this district (subsection (a) of this section) are adhered to. Examples of uses that may be approved as conditional uses in the R-1 district are:

(1)

Two- and four-family dwellings.

(2)

Libraries, museums, and art galleries.

(3)

Utility buildings, excepting service garages and storage yards.

(4)

Bed and breakfast establishments (subject to Wis. Stats. ch. 50).

(5)

Home occupations (as per section 16-42).

(6)

Public recreation grounds and buildings.

(7)

Graded schools, colleges and vocational schools.

(8)

Day-care centers.

(9)

Churches and their affiliated uses.

(10)

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

(d)

Height, yard, area and other requirements. For height, yard, area and other requirements:

(1)

See section 16-5(2).

(2)

See article IV of this chapter.

(e)

Prohibited uses.

(1)

There shall be no more than one unlicensed roadworthy vehicle stored outdoors per household in the R-1 district.

(2)

There shall be no non-operable vehicles, or parts thereof, stored outdoors in the R-1 district.

(Ord. of 3-11-1996, § 5.03)

(a)

Purpose. The R-2 Multifamily Residential District is intended to be used where concentrations of single-family and multifamily homes have developed, are likely to develop or are proposed to be developed in the village. This district also allows for a higher density residential development than does R-1 Single-Family Residential District. The purpose of this district is to provide areas in the village where a relaxed residential environment can be developed and preserved with protection from encroachment of other, incompatible uses. Certain neighborhood facilities are allowed to provide support services to the residential uses, including churches, schools, recreational facilities and libraries, provided the requirements of this chapter can be met with respect to parking, lighting, signing, etc. It is the intent that this district not allow uses which will be a detriment to the health and safety of persons living in the R-2 districts or which will have a negative impact on property values of the permitted uses, such as commercial and industrial uses that generate traffic or keeping of farm animals where odors, noise, or runoff may be offensive or unhealthy in higher density developments.

(b)

Permitted uses. The following uses are permitted in the R-2 district:

(1)

Single-family detached residential dwellings.

(2)

Multifamily attached residential dwellings, up to four units.

(3)

Accessory buildings, including private garages and buildings clearly incidental to the use of the property; provided, however, that no accessory building may be used as a separate dwelling unit.

(c)

Conditional uses. Uses not listed in subsection (b) of this section may be allowed as a conditional use provided they are found to be compatible with the neighborhood in which they are proposed, provided there are no negative environmental impacts, the procedures in article V of this chapter are adhered to, and provided the intent of this chapter (section 16-2) and this district (subsection (a) of this section) are adhered to. Examples of uses that may be approved as conditional uses in the R-2 district are:

(1)

Dwellings with greater than four units.

(2)

Mobile home parks and mobile home lot subdivision, subject to article V of this chapter.

(3)

Libraries, museums, and art galleries.

(4)

Utility buildings, excepting service garages and storage yards.

(5)

Bed and breakfast establishments (subject to Wis. Stats. ch. 50).

(6)

Home occupations (as per section 16-42).

(7)

Public recreation grounds and buildings.

(8)

Graded schools, colleges and vocational schools.

(9)

Day-care centers.

(10)

Churches and their affiliated uses.

(11)

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

(d)

Height, yard, area and other requirements. For height, yard, area and other requirements:

(1)

See section 16-5(2).

(2)

See article IV of this chapter.

(e)

Prohibited uses.

(1)

There shall be no more than one unlicensed roadworthy vehicle stored outdoors per household in the R-2 district.

(2)

There shall be no non-operable vehicles, or parts thereof, stored outdoors in the R-2 district.

(Ord. of 3-11-1996, § 5.04)

(a)

Purpose. The primary purpose of the AG-1 Agricultural District is to preserve productive agricultural land for food and fiber production, and prevent uncontrolled, uneconomical spread of residential and commercial development which results in excessive costs to the community for premature provision of essential public improvements and services (such as sewer and water lines).

(b)

Permitted uses. The following uses are permitted in the AG-1 district:

(1)

Agriculture, including animal and poultry husbandry, beekeeping, dairying and grazing, field crops, forestry, greenhouses, orchards and wild crop harvesting, truck farming, horticulture or viticulture.

(2)

Farm dwellings for those resident owners and workers actually engaged in the principal permitted uses.

(3)

Farm ponds, provided they are one acre or less, have a maximum bottom slope of 3:1, and there is no more than one pond per 40-acre parcel.

(4)

Accessory buildings, including private garages and buildings clearly incidental to the use of the property; provided, however, that no accessory building may be used as a separate dwelling unit.

(5)

Animal and poultry husbandry and/or the keeping of livestock shall be prohibited in all districts except for this agricultural use district. The term "livestock" includes, but is not limited to, all animals of the equine, bovine, Camillidae, Bovidae, Phasianidae or swine family.

(c)

Conditional uses. The following are conditional uses in the AG-1 district:

(1)

Feedlots.

(2)

One- and two-family residence provided it meets the density requirements specified in section 16-76(d).

(3)

Churches, schools and libraries.

(4)

Municipal buildings, parks, playgrounds and municipal recreational and community center buildings and grounds.

(5)

Uses not listed in section 16-76(b) or (c)(1) may be allowed as a conditional use, provided they are found to be compatible with neighboring uses, provided there are no negative environmental impacts, the procedures in article V of this chapter are adhered to, and provided the intent of this chapter (section 16-2) and this district (subsection (a) of this section) are adhered to. Examples of uses that may be approved as conditional uses in the AG-1 district are farm equipment sales and/or service; home occupations (as per section 16-42); day care centers; radio or TV broadcasting towers and/or studios; airports; funeral homes and cemeteries; trap or skeet shooting facilities; gun clubs and gun and archery shooting ranges; and similar and compatible uses as determined by the zoning committee and confirmed by the village board.

(d)

Height, yard, area and other requirements. See article IV of this chapter for height, yard, area and other requirements.

(Ord. of 3-11-1996, § 5.06)

(a)

Purpose. The C-1 General Commercial District is designed to provide for a wide range of retail stores and personal service establishments which cater to frequently recurring needs. The commercial district is to be characterized by attractive commercial and service buildings located in areas with easy access to village residents and passers-by. The C-1 district should be buffered from nearby homes so as not to create noise and lighting conflicts.

(b)

Permitted uses. The following uses are permitted in the C-1 district:

(1)

Convenience stores, filling stations, implement sales and service, and vehicle sales and service establishments.

(2)

Grocery stores and bakeries.

(3)

Restaurants, taverns, coffee shops and similar establishments.

(4)

Clothing shops, dry goods stores.

(5)

Professional offices, banks, medical clinics and similar professional office facilities.

(6)

Funeral homes.

(7)

Nurseries and greenhouses.

(8)

Similar and compatible uses as determined by the zoning committee.

(c)

Conditional uses. Uses not listed in subsection (b) of this section may be allowed as a conditional use in the C-1 district, provided they are found to be a commercial activity, are compatible with neighboring uses, that there are no negative environmental impacts, the procedures in article V of this chapter are adhered to, and provided the intent of this chapter (section 16-2) and this district (subsection (a) of this section) are adhered to.

(d)

Height, yard, area and other requirements. See article IV of this chapter for height, yard, area and other requirements.

(Ord. of 3-11-1996, § 5.07)

(a)

Purpose. The purpose of the R/C-1 Residential/Light Commercial District is:

(1)

To encourage a mixture of residential, commercial and civic uses, with commercial uses restricted to those that seem to fit the size, scale, and intensity of the village setting.

(2)

To encourage the sort of enterprise that can easily be conducted in a converted residence and that nearby residents might be inclined to walk to.

(b)

Permitted uses. The following uses are permitted in the R/C-1 district:

(1)

Single-family detached residential dwellings.

(2)

Two-family attached residential dwellings.

(3)

Personal service shops such as hairstyling, tailoring, shoe repair, and dry cleaning.

(4)

Specialized retail, commonly defined as gift shops, florist, bookstores, jewelry, apparel, tobacco, toys and crafts, stationary, and similar uses.

(5)

Business or professional offices, such as real estate and insurance offices, travel agencies, medical, dental and veterinary offices, banks and other financial institutions.

(6)

Similar and compatible uses as determined by the zoning committee.

(c)

Conditional uses. The following are conditional uses in the R/C-1 district:

(1)

Automobile service stations.

(2)

Battery, muffler and tire service stations.

(3)

Farm and other machinery and equipment sales and service.

(4)

Motor vehicle sales and service including automobiles, trucks, motorcycles and snowmobiles.

(5)

Mobile home and model home sales and service.

(6)

Laundromats.

(7)

Taverns.

(8)

Any drive-in type establishments.

(d)

Height, yard, area and other requirements. See article IV of this chapter for height, yard, area and other requirements.

(Ord. of 3-11-1996, § 5.08)

(a)

Purpose.

(1)

The purpose of the I-1 Industrial District is to provide areas in the village where manufacturing of products from raw materials can develop. Manufacturing uses may require large tracts of land and, in some cases, may require outside storage of materials or product. Some industrial developments may create or tend to create conditions considered to be a public or private nuisance or hazard. In certain cases, manufacturing activities may require special safeguards, equipment, processes, barriers or other forms of protection in order to reduce, eliminate, or separate those conditions from the public or the environment.

(2)

Because the amount of industrial development in the village is minimal and the ability to separate new industrial uses from existing residential development is restricted due to the small land area of the village, it is in the best interest of the village to consider industrial development proposals on a case-by-case basis. Therefore, all uses in the industrial district shall be conditional uses.

(b)

Conditional uses. The following listed uses are allowable as conditional uses in the I-1 district and are subject to the procedures established in article V of this chapter and shall be reviewed on a case-by-case basis with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby properties, the creation of health hazards, the potential for environmental damage and other factors deemed important in the village.

(1)

Manufacturing establishments in which raw materials are transformed into finished products and establishments engaged in assembling component parts of manufactured products.

(2)

Other industrial or commercial activities which pose potential special problems relating to the creation of hazards or nuisance conditions.

(3)

The 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.

(4)

Railroads, railroad yards and structures normally incident to the operation of railroads, not including warehouses owned by establishments other than railroad companies.

(5)

Facilities for the production, processing and storage of concrete and concrete products.

(6)

Garbage, rubbish or waste disposal.

(7)

Creameries, cheese factories, milk processing plants.

(8)

Similar and compatible uses as determined by the zoning committee and confirmed by the village board.

(c)

Height, yard, area and other requirements. See article IV of this chapter for height, yard, area and other requirements.

(Ord. of 3-11-1996, § 5.09)

(a)

Purpose. The purpose of the OSR Open Space and Recreation District is to provide for the orderly and attractive grouping of recreation-oriented establishments, facilities and structures and to provide for open space where buffers and green ways are required to separate incompatible land uses or preserve sensitive environmental areas.

(b)

Permitted uses. The following are permitted uses in the OSR district:

(1)

Public and private parks and playgrounds, including swimming pools, golf courses, tennis courts, picnic grounds, bathing beaches, ice rinks, ski and sledding hills, and shelter buildings.

(2)

Public and private campgrounds.

(3)

Public and private recreational and community center buildings and grounds.

(c)

Conditional uses. Uses not listed in section 16-78(b) may be allowed as a conditional use in the OSR district, provided they are found to be a recreational activity, are compatible with neighboring uses, that there are no negative environmental impacts, the procedures in article V of this chapter are adhered to, and provided the intent of this chapter (section 16-2) and this district (subsection (a) of this section) are adhered to.

(d)

Height, yard, area and other requirements. See article IV of this chapter for height, yard, area and other requirements.

(Ord. of 3-11-1996, § 5.10)

(a)

Purpose.

(1)

It is the purpose of the M Non-Metallic Mining Overlay District to establish conditional regulations and performance standards for the extraction, processing, utilization and transport of non-metallic resources and products in such a manner as to ensure maximum protection to surrounding properties and the physical environment through siting of activities and structures, buffering, setbacks, visual screening, height limitations, access routing, and noise, vibration, air quality and water quality controls.

(2)

It is further the purpose of this overlay district to unconditionally require that any excavation or mining activity falling under the jurisdiction of this section abide by the requirements of state department of natural resources Rule NR135 (Wis. Admin. Code ch. NR 135), Non-Metallic Mining Reclamation.

(b)

Extent. This section does not apply to excavations or mining operations of one acre or less, provided slopes do not exceed 3:1, and where only one is present per 40-acre parcel.

(c)

Conditional uses. Mining of non-metallic minerals and the processing for manufacture of materials incidental to such extraction and the erection of buildings and the installation of equipment and machinery may be permitted in non-residential zoned districts in the village provided a conditional use permit has been secured as per the procedures in article V of this chapter. The zoning committee may require any or all of the following development site standards, special regulations, or performance standards or other conditions as the zoning committee may deem necessary (see article V of this chapter) as part of the conditions for granting a conditional use permit:

(1)

Development site standards.

a.

Net lot area. The net lot area requirement shall be determined by the sum of the area to be extracted plus that area required to meet the minimum setback standards, or the area required to meet the performance standards set by this chapter, whichever is greater.

b.

Lot coverage, percent of. Not more than ten percent of the net area of the lot may be covered by buildings, including accessory buildings.

c.

Yards, front, side and rear. All quarries, pits, open mines, processing plants, screening, sorting, storage, stoneworks, stone cutting, stone polishing, loading, batching, mixing, maintenance, service and repair equipment, facilities and structures shall be set back from zone boundaries and lot lines an amount sufficient to achieve the performance standards set in the conditional use permit and in conformance with setbacks established by article IV of this chapter, whichever is greater.

d.

Open space and green area. Not less than 25 percent of the net lot area designated for mineral resource development shall be maintained in open space, including required buffer areas, landscaped or planted berms, forested areas or areas devoted to agriculture.

e.

Exclusion from setback line limitations. Access roads, security patrol roads, railroad sidings, identification, directional and safety warning signs, security fences and acoustical or visual screens, berms or walls may be permitted within the setback area.

(2)

Special regulations. In addition to the requirements in subsection (c)(1) of this section, the following special regulations may apply to mineral resource extraction, processing, utilization and related uses:

a.

Fencing. Quarries, pits, open mines and material stockpiles shall be enclosed by fencing of a design and materials that discourage entry onto the site of such operation.

b.

Degree of slope. Slopes created by mining extraction must have a minimum 2:1 ratio, horizontal to vertical, to minimize cave-in and slump, wind and water erosion, and lateral shifting of the undisturbed ground surface near the mine excavation. For stored ores, gravels, sands, or soils, the minimum slope ratio shall be 1:1. On actively mined faces where a 2:1 ratio for slope is not possible, safety fencing above the slope must be provided.

c.

Parking. Off-street parking shall be provided at a rate of one space per each 1½ employees on the major shift plus one space each business vehicle plus sufficient loading and waiting space.

d.

Screening. Adequate planting and/or fencing shall be provided along all public roads and residential dwellings adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible and as approved by the village board in granting a special use.

e.

Hours of operation. In cases where noise, vibration, vehicle traffic, lights, or other intrusions may disrupt surrounding property owners, the zoning committee may require reasonable hours of operation. However, during a public emergency during which sand and/or gravel is needed and upon the order of the director of the county emergency government department, the county sheriff, or the county board chairman, operation may proceed outside of the imposed hours of operation.

(3)

Performance standards.

a.

Visual effects. The line of sight for developed residential property (whether developed prior to or subsequent to the operation of the quarry) to quarries, pits, structures, and stockpiles, loading areas, access roads, and other facilities shall be interrupted so as to reduce to the maximum extent practicable the visual intrusion of surrounding occupied properties not owned or leased by the owner or operator of the area zoned for mineral resource recovery.

b.

Dust. Any operation shall comply with all applicable federal, state, and local air pollution control laws and regulations.

c.

Protect water table. No extractive operation shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties.

d.

Topsoil replacement. Graded or backfilled areas or banks in the cases of excavations made to water-producing depth shall be covered with topsoil to a minimum depth of six inches. No greater depth of topsoil or percentage of organic matter in the soil shall be required than originally existing on property prior to the commencement of operation.

e.

Vegetation replacement. Upon replacement of the topsoil, trees, shrubs, legumes, grasses, or groundcover shall be planted upon such area in order to avoid erosion.

f.

Dust-free roads. The operator of the excavation shall maintain all haulage roads used in connection with this operation, whether under their control and ownership, a private road, or that of a municipality, as much as possible in a dust-free condition.

(Ord. of 3-11-1996, § 5.11)