Benton City Zoning Code
ARTICLE III
Zoning Districts
§ 390-12 Zoning districts designated.
For the purposes of this chapter, the Village is hereby divided into the following zoning districts:
A.
R-SL Single-Family Residential Low-Density District.
B.
R-SM Single-Family Residential Medium-Density District.
C.
R-M Multifamily Residential District.
D.
R-MH Manufactured Home Residential District.
E.
B-G General Business District.
F.
B-N Neighborhood Business District.
G.
B-H Highway Business District.
H.
B-P Business Park District.
I.
I Industrial District.
J.
RD Rural Development District.
K.
PG Public Grounds District.
L.
C Conservancy District.
M.
PUD Planned Unit Development District.
N.
M-1 Manufacturing District.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 390-13 District boundaries.
A.
Zoning Map. The boundaries of the districts enumerated in § 390-12 above are hereby established as shown on a map entitled "Zoning Map, Village of Benton, Wisconsin," dated March 5, 1997, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer. Changes to the districts subsequent to March 5, 1997, shall not be effective until entered and attested on this certified copy.
B.
Boundary lines. The boundaries shall be construed to follow corporate limits; United States Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the RD Rural Development District unless the annexation ordinance temporarily placed the land in another district. Within one year, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.
§ 390-14 R-SL Single-Family Residential Low-Density District.
A.
Purpose. The R-SL District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B.
Permitted uses. The following uses of land are permitted in the R-SL District:
(1)
Single-family detached dwellings.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential parcel with a maximum of 1,200 square feet, with no single side larger than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for eight or fewer persons. Such community living arrangements shall be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(4)
A foster home or treatment foster home, as defined in § 48.02(6), Wis. Stats., that is the primary domicile of a foster parent or treatment foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
Foster homes and treatment foster homes, as defined in § 48.02(6), Wis. Stats., operated by corporations, child welfare agencies, churches, associations or public agencies. Such facilities shall be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the facility.
(c)
The total capacity of such facilities located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(6)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(7)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats. Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b), Wis. Stats., or community living arrangement shall be located within 1/4 mile of an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses within the R-SL District:
(1)
Home occupations and professional home offices.
(2)
Storage building in excess of 225 square feet.
(3)
Boarding, rooming, lodging, and bed-and-breakfast houses.
(4)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(5)
Utilities.
(6)
Elementary and secondary schools, churches.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 80 feet.
(2)
Lot depth: minimum 80 feet.
(3)
Lot area: minimum 9,000 square feet.
(4)
Principal building.
(a)
Front yard: minimum 25 feet.
(b)
Side yards: minimum 12 feet.
(c)
Rear yard: minimum 30 feet.
(d)
Building height: maximum 35 feet.
(e)
Building area: each side of a home shall be a minimum 20 feet but not less than 900 square feet total floor area.
(5)
Accessory building.
(a)
Front yard: minimum 30 feet.
(b)
Side yards: minimum 10 feet.
(c)
Rear yard: minimum 10 feet.
(d)
Building height: maximum 15 feet.
§ 390-15 R-SM Single-Family Residential Medium-Density District.
A.
Purpose. The R-SM District is intended to provide for moderate- to medium-density residential development with emphasis on single-family residential uses. This district is also intended to provide for alternative development types and for infill opportunities for parcels which have been bypassed for development. Nonresidential uses are limited to those which are compatible with the medium-density character of the district.
B.
Permitted uses. The following uses of land are permitted in the R-SM District:
(1)
Single-family detached dwellings.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential parcel with a maximum of 1,200 square feet, with no single side larger than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for eight or fewer persons. Such community living arrangements shall be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(4)
A foster home or treatment foster home, as defined in § 48.02(6), Wis. Stats., that is the primary domicile of a foster parent or treatment foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
Foster homes and treatment foster homes, as defined in § 48.02(6), Wis. Stats., operated by corporations, child welfare agencies, churches, associations or public agencies. Such facilities shall be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the facility.
(c)
The total capacity of such facilities located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(6)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(7)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats. Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b), Wis. Stats., or community living arrangement shall be located within 1/4 mile of an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses within the R-SM District:
(1)
Home occupations and professional home offices.
(2)
Storage building in excess of 225 square feet.
(3)
Boarding, rooming, lodging, and bed-and-breakfast houses.
(4)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(5)
Utilities.
(6)
Elementary and secondary schools, churches.
(7)
Funeral homes.
(8)
Two-family dwellings.
(9)
Zero lot line dwellings (no more than two dwellings with one common wall).
[Added 7-17-2024 by Ord. No. 2024-02]
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 60 feet.
(2)
Lot depth: minimum 80 feet.
(3)
Lot area: minimum 7,200 square feet.
(4)
Principal building:
(a)
Front yard: minimum 20 feet.
(b)
Side yards: minimum eight feet, but both side yards shall total a minimum of 20 feet, except that, for zero lot line dwellings, no setback is required on the common line and the other side yard shall be a minimum of 10 feet.
[Amended 7-17-2024 by Ord. No. 2024-02]
(c)
Rear yard: minimum 25 feet.
(d)
Building height: maximum 35 feet.
(e)
Building area. Each side of a home shall be a minimum 20 feet but not less than 720 square feet total floor area.
(5)
Accessory building:
(a)
Front yard: minimum 25 feet.
(b)
Side yards: minimum five feet.
(c)
Rear yard: minimum five feet.
(d)
Building height: maximum 15 feet.
§ 390-16 R-M Multiple-Family Residential District.
A.
Purpose. The R-M District is intended to provide a living area that is pleasant but not so spacious as the R-S Districts, in order to accommodate multiple-family residences.
B.
Permitted uses. The following uses of land are permitted in the R-M District:
(1)
Multiple-family residential buildings.
[Amended 7-17-2024 by Ord. No. 2024-03]
(a)
Zero lot line dwellings (up to four dwelling units with no more than four common walls).
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential parcel with a maximum of 1,200 square feet, with no single side larger than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for 15 or fewer persons. Such community living arrangements shall be subject to the following criteria:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(4)
Boarding, rooming, lodging, and bed-and-breakfast houses.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
A foster home or treatment foster home, as defined in § 48.02(6), Wis. Stats., that is the primary domicile of a foster parent or treatment foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(6)
Foster homes and treatment foster homes, as defined in § 48.02(6), Wis. Stats., operated by corporations, child welfare agencies, churches, associations or public agencies. Such facilities shall be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the facility.
(c)
The total capacity of such facilities located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(7)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(8)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats. Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b), Wis. Stats., or community living arrangement shall be located within 1/4 mile of an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses within the R-M District:
(1)
Home occupations and professional home offices.
(2)
Storage buildings in excess of 225 square feet.
(3)
Utilities.
(4)
Elementary and secondary schools, churches.
(5)
Funeral homes.
(6)
Community living arrangements which have a capacity for 16 or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(7)
Nursing homes, residential care apartment complexes, as defined in § 50.01(1)(d), Wis. Stats., and similar institutions.
[Added 1-8-2003 by Ord. No. 2003-01]
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 60 feet.
(2)
Lot depth: minimum 80 feet.
(3)
Lot area: minimum 7,200 square feet.
(4)
Principal building:
(a)
Front yard: minimum 20 feet.
(b)
Side yards: minimum eight feet, but both side yards shall total a minimum of 20 feet, except that, for zero lot line dwellings, no setback is required on the common line and the other side yard shall be a minimum of 10 feet.
[Amended 7-17-2024 by Ord. No. 2024-03]
(c)
Rear yard: minimum 20 feet.
(d)
Building height: maximum 40 feet.
(e)
Building area: minimum 600 square feet per unit.
(5)
Accessory building:
(a)
Front yard: minimum 25 feet.
(b)
Side yards: minimum five feet.
(c)
Rear yard: minimum five feet.
(d)
Building height: maximum 15 feet.
(6)
Lot coverage: maximum 30%.
§ 390-17 R-MH Manufactured Home Residential District.
A.
Purpose. The R-MH District is intended to provide areas for planned manufactured home parks in a living area that is pleasant but not so spacious as the R-S Districts, in order to accommodate affordable single-family residences.
B.
Permitted uses. The following uses of land are permitted in the R-MH District:
(1)
Single-family residences.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to two cars for each residential parcel;
(b)
Gardening, tool and storage sheds incidental to the residential use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
C.
Conditional uses. The following are permitted as conditional uses within the R-MH District:
(1)
Home occupations and professional home offices.
(2)
Storage buildings in excess of 225 square feet.
(3)
Utilities.
(4)
Community buildings, laundry facilities, or other common use buildings which are ancillary to the residential use of an approved mobile home park.
D.
Lot, yard, and building requirements (for each manufactured home space or lot).
(1)
Lot frontage: minimum 50 feet.
(2)
Lot depth: minimum 100 feet.
(3)
Lot area: minimum 5,000 square feet.
(4)
Principal building:
(a)
Front yard: minimum 20 feet.
(b)
Side yards: minimum eight feet, but both side yards shall total a minimum of 20 feet.
(c)
Rear yard: minimum 20 feet.
(d)
Building height: maximum 35 feet.
(5)
Accessory building:
(a)
Front yard: minimum 25 feet.
(b)
Side yards: minimum five feet.
(c)
Rear yard: minimum five feet.
(d)
Building height: maximum 15 feet.
E.
Minimum area of manufactured home development. Each manufactured home park development shall have a minimum area of two acres.
F.
Manufactured home placement requirements. The placement of manufactured homes shall comply with the following requirements:
(1)
Mobile home units 20 years of age or older are not permitted, except as an existing nonconforming use.
[Amended 11-5-2003 by Ord. No. 03-03]
(2)
Manufactured home units shall comply with all manufactured home construction and safety standards established under 42 U.S.C. § 5401 et seq.
(3)
The homes shall be covered by a roof pitched to a minimum slope of two inches in 12 inches.
(4)
All manufactured homes shall be placed and leveled on stands consisting of a sixteen-inch by sixteen-inch by four-inch deep square solid base, minimum, with a double tier of alternately crossed eight-inch block ascending; no I-beam or any portion of the manufactured home frame shall rest directly on the concrete block. Wood shimming shall be used. No second or medium grade of concrete block may be used and all block must be installed with the hollow core in a vertical position. These stands shall be placed with a minimum spacing of eight feet.
(5)
Tie downs and anchors are required on all manufactured homes and storage buildings. Straps and anchoring equipment shall conform to the standards of ANSI A225.1 or NFPA 501. The number and location of tie downs and anchors shall be determined by the Zoning Administrator.
(6)
All manufactured home units shall have skirts around the entire manufactured home made of plastic, fiberglass, or other comparable noncombustible material approved by the Zoning Administrator and shall be of a permanent color or painted to match the appropriate manufactured home so as to enhance the general appearance thereof.
G.
Site plan. At the time of application for a rezoning to the R-MH Manufactured Home District and application for a manufactured home park license, the applicant shall submit a site plan to the Zoning Administrator containing the following:
(1)
The name and address of all owners and developers of the proposed manufactured home park.
(2)
The legal description and lot size, in acres, of the proposed manufactured home park.
(3)
The location and size of all manufactured home spaces, storage areas, recreation areas and facilities, landscaping, existing tree growth, water areas, roadways, sidewalks, and parking sites.
(4)
Detailed landscaping plans and specifications.
(5)
Plans for sanitary sewage disposal, surface drainage, water system, electrical service, gas service, streetlighting, and topography diagrams.
(6)
Location and size of all public roadways abutting the manufactured home park and all street and sidewalk accesses from such street and sidewalk to the manufactured home park.
(7)
Preliminary road construction plans, specifications, and elevations.
(8)
Preliminary floor plans and elevation for all common use buildings.
(9)
Description and method of disposing of garbage and refuse.
(10)
Detailed description of proposed maintenance procedure and grounds supervision.
(11)
Staging and timing of construction program whether or not the entire area will be developed at one time or in stages.
(12)
Such other reasonable information as shall be required by the Zoning Administrator.
H.
Parking requirements. The following are minimum parking requirements for manufactured home developments:
(1)
Each manufactured home space shall have off-street parking space for two automobiles.
(2)
Access drives off roads to all parking spaces and manufactured home spaces shall be hard surfaced in bituminous concrete or portland cement concrete designed to accommodate normal traffic.
(3)
Automobiles shall not be parked nearer than five feet from any side lot line unless combined with a contiguous parking area.
I.
Utilities. The following minimum requirements for utilities shall be maintained:
(1)
There shall be no obstructions impeding the inspection of plumbing, electrical facilities, utilities or other related equipment.
(2)
Garbage, waste and trash disposal plans must be approved by the Zoning Administrator and must conform to all state and local health and pollution control regulations.
(3)
The owner of a manufactured home park shall pay all required sewer and utility connection fees to the Clerk-Treasurer.
(4)
Every manufactured home space shall be furnished with an electric service outlet. Such outlet shall be equipped with an externally operating switch or fuse on not less than 30 amperes capacity, and a heavy duty outlet receptacle. Electric outlets shall be weatherproofed and all power lines and telephone lines shall be underground.
(5)
Every manufactured park must have Village sewer and water service provided to each manufactured home unit in the park. No dependent manufactured homes shall be permitted in any manufactured home park to be located within the Village. A dependent manufactured home is defined as one not equipped with internal bathroom or shower and toilet facilities.
(6)
Individual water service connections provided for direct use of a manufactured home unit shall be so constructed that they will not be damaged by the parking of such units. Such system shall be adequate to provide 20 pounds per square inch and capable of furnishing a minimum of 125 gallons per day per space. No wells or points will be permitted in a manufactured home park in the Village limits.
(7)
Every lot space designed to serve manufactured home units shall be provided with sewer connections which shall comply with the State Plumbing Code and the Village Sanitary Code. The sewer connections shall be provided with suitable fittings so that watertight connections can be made. Such connections shall be so constructed so that they can be closed when not connected and trapped in such a manner as to be maintained in an odor-free condition.
J.
Internal streets, sidewalks, and lighting. All internal streets, sidewalks, and lighting shall meet the following requirements:
(1)
Streets shall be hard surfaced with bituminous concrete or portland cement concrete to accommodate the structural requirements in the Village streets as approved by the Village Board.
(2)
All streets shall be developed with a roadbed of not less than 30 feet and a street surface of not less than 18 feet. Ancillary parking on one side may be allowed except at parking area entrances if the street is at least 28 feet wide.
(3)
A thirty-inch portland cement concrete sidewalk shall be built and maintained by the owner providing access to all recreational areas, common use buildings and storage areas, and to the public street access.
(4)
Artificial lights shall be maintained during all hours of darkness in all buildings provided for common facilities for occupants' use. The manufactured home park grounds, street and pedestrian areas shall be lighted from sunset to sunrise in accordance with a lighting plan approved by the Village Board.
K.
Service buildings. Floors of service buildings shall be concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain. All liquid waste from service buildings shall be discharged into a sewer intended for and connected with the public sewer system.
L.
Landscaping. The following minimum landscaping requirements shall be maintained in all manufactured home parks:
(1)
All yards shall be sodded or planted in grass. There shall be a minimum of 20 trees per gross acre in all areas of a manufactured home park. Tree, grass, and landscape materials shall be properly maintained and replaced to conform to the approved landscape plans and specifications.
(2)
A visual screen consisting of a compact hedge, wood fence, coniferous trees or other approved landscape materials or a screen fencing approved by the Zoning Administrator shall be installed and maintained around the periphery of the manufactured home park to substantially inhibit the eye level vision from the exterior when adjacent to any R-SL or R-SM District and shall be maintained free of rubbish, debris, weeds, and paper.
(3)
All areas shall be landscaped and the landscape plan shall be approved by the Zoning Administrator.
M.
Register of occupants. The owner of a manufactured home park shall keep a registration list available to the Village or its agents for inspection at reasonable times.
§ 390-18 B-G General Business District.
A.
Purpose. The B-G District is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.
B.
Permitted uses. The following uses of land are permitted in the B-G District:
(1)
General business and commercial uses which do not generate noise, smoke, odors, or that would otherwise create a public or private nuisance. These uses generally include the following:
(a)
Banks, commercial or professional offices, telephone offices.
(b)
Hotels and motels.
(c)
Theaters, bowling alleys and places of amusement.
(d)
Restaurants and bakeries.
(e)
Taverns, bars and cocktail lounges with Village permit.
(f)
Personal service, automobile service, and equipment service.
(g)
Medical and dental clinics.
(h)
Governmental and cultural uses.
(i)
Veterinarians clinics and small animal hospitals.
(j)
Funeral homes.
(k)
Dwelling units above the ground floor.
(l)
General retail sales.
(m)
Uses customarily incidental to any of the above uses, including parking lots.
C.
Lot, yard and building requirements. The maximum building height; side, front, and rear yards; minimum lot width; and parking requirements for new or converted buildings can correspond with typical existing development layout of the district, provided the Plan Commission determines such development is in keeping with the purposes, design, and character of the General Business District and is architecturally compatible with the area.
§ 390-19 B-N Neighborhood Business District.
A.
Purpose. The B-N District is intended to provide an area for selected convenience stores and professional offices that are often located near residential neighborhoods and that would not be detrimental to the residential environment.
B.
Permitted uses. The following uses of land are permitted in the B-N District:
(1)
Convenience grocery stores.
(2)
Drugstores.
(3)
Medical and dental clinics.
(4)
Professional offices.
(5)
Hobby shops.
(6)
Barbershops and beauty salons.
(7)
Florists.
(8)
Self-service laundromats and dry cleaning establishments.
(9)
Funeral homes.
(10)
Dwelling units above the ground floor.
C.
Conditional uses. The following are permitted as conditional uses within the B-N District:
(1)
Other commercial uses not identified above that are consistent with the purpose and intent of this district.
(2)
Utilities.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 60 feet.
(2)
Lot area: minimum 7,200 square feet.
(3)
Front yard: minimum 25 feet.
(4)
Side yards: minimum 10 feet.
(5)
Rear yard: minimum 25 feet.
(6)
Building height: maximum 35 feet.
§ 390-20 B-H Highway Business District.
A.
Purpose. The B-H District is intended to provide an area for those business and commercial activities which especially have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or which have certain location requirements and operational characteristics that are incompatible with the policy intent of the other commercial districts.
B.
Permitted uses. The following uses of land are permitted in the B-H District:
(1)
Establishments engaged in the retail sale or leasing of automobiles, trailers, mobile homes or campers.
(2)
Stores for the sale and installation of automobile parts and accessories.
(3)
Gasoline service stations, including repair work.
(4)
Restaurants, lunch rooms, and other eating places, including drive-in type establishments.
(5)
Car washes and detail shops.
(6)
Hotels, motels, tourist rooms, etc.
(7)
Tourist-oriented retail shops, including souvenir and curio shops.
(8)
General grocery stores, convenience stores.
C.
Conditional uses. The following are permitted as conditional uses within the B-H District:
(1)
Veterinary offices, including kennels.
(2)
Motor carrier facilities, trucking firms.
(3)
Warehouses and wholesale merchandise establishments.
(4)
Recreational establishments, including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses, or similar uses.
(5)
Seasonal roadside stands for the sale of farm products, but no other types of products or merchandise.
(6)
Other commercial uses not identified above that are consistent with the purpose and intent of this district.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 90 feet.
(2)
Lot area: minimum 9,500 square feet.
(3)
Front yard: minimum 30 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4)
Side yards: minimum 20 feet.
(5)
Rear yard: minimum 20 feet.
(6)
Building height: maximum 35 feet.
§ 390-21 B-P Business Park District.
A.
Purpose. The B-P District is established to provide an aesthetically attractive working environment conducive to the development of offices, wholesale trade, service businesses, and other businesses that have large land area requirements. The essential purpose of this district is to achieve development which is an asset to the Village, and to promote and maintain desirable economic development. It is intended that the uses permitted in this district will not detract from the potential of expanding the downtown business district.
B.
Permitted uses. The following uses of land are permitted in the B-P District:
(1)
Lawn and garden services.
(2)
Agricultural services.
(3)
Offices of general building contractors, special trade contractors, and enclosed storage.
(4)
Motor freight transportation and warehousing.
(5)
Wholesale trade and distribution operations.
(6)
Limited retail trade: building materials, lawn and garden supply, manufactured home dealers, boat dealers, recreation and utility trailer dealers, motor vehicle dealers.
(7)
Automotive repair, services, and garages.
(8)
Miscellaneous repair services.
(9)
Miscellaneous business services, offices, and communication services.
(10)
Research, development, and testing laboratories, and manufacturing and fabrication in conjunction with such research and development operations.
C.
Conditional uses. The following are permitted as conditional uses in the B-P District:
(1)
The outdoor storage or display of materials or products.
(2)
Any other land extensive business uses not specifically listed above that are consistent with the purpose and intent of this district.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 21,780 square feet (1/2 acre).
(3)
Front yard: minimum 25 feet.
(4)
Side yards: minimum 15 feet.
(5)
Rear yard: minimum 30 feet.
(6)
Building height: maximum 35 feet.
§ 390-22 I Industrial District.
A.
Purpose. The I District is intended to provide an area for industrial and manufacturing activities plus other uses that would be incompatible with other land use categories.
B.
Permitted uses. Any industrial use may be permitted, except those that would present a danger to residents of the community or would generate noise, smoke, traffic, or air or water pollution that would create a public or private nuisance and would not conform to the performance standards of the Village Code. Residential and public uses are prohibited.
C.
Conditional uses. The outdoor storage of raw materials or finished products.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 21,780 square feet (1/2 acre).
(3)
Front yard: minimum 20 feet.*
(4)
Side yards: minimum 10 feet.*
(5)
Rear yard: minimum 20 feet.*
(6)
Building height: maximum 45 feet.
NOTE: | ||
|---|---|---|
* | Required buffer strips in Industrial Districts. Where an Industrial District abuts a residential district, there shall be provided along any rear, side, or front lot line, coincidental with any industrial-residential boundary, a buffer strip of not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than five feet nor more than eight feet in height, and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles. The interior 15 feet may be used for vehicle parking. No exterior storage of any material or accessory uses is allowed within the buffer strip. |
§ 390-23 RD Rural Development District.
A.
Purpose. The RD District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.
B.
Permitted uses. The following uses of land are permitted in the RD District:
(1)
General farming, including agriculture, dairying, floriculture, forestry, grazing, orchards, truck farming, and viticulture (grape growing).
(2)
Keeping and raising of domestic animals for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises, and for the use of the occupants of the premises.
(3)
One single-family dwelling per parcel.
(4)
General farm buildings, including barns, silos, sheds, storage bins, etc.; provided, however, that farm buildings housing animals, barnyards, and feed lots shall not be located in a floodplain, and shall be at least 100 feet from any navigable water or district boundary, and at least 300 feet from a dwelling unit other than the dwelling unit on the property in question.
(5)
Roadside stands for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign, and other provisions of this chapter.
C.
Permitted accessory uses:
(1)
Attached or detached private garages and carports.
(2)
Private swimming pools and tennis courts.
(3)
Signs as permitted by Village ordinances.
(4)
Boarding, rooming, lodging, and bed-and-breakfast houses.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
A foster home or treatment foster home, as defined in § 48.02(6), Wis. Stats., that is the primary domicile of a foster parent or treatment foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(6)
Foster homes and treatment foster homes, as defined in § 48.02(6), Wis. Stats., operated by corporations, child welfare agencies, churches, associations or public agencies. Such facilities shall be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the facility.
(c)
The total capacity of such facilities located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(7)
Community living arrangements which have a capacity for 15 or fewer persons. Such community living arrangements shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(8)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(9)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats. Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b), Wis. Stats., or community living arrangement shall be located within 1/4 mile of an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
D.
Conditional uses. The following are permitted as conditional uses within the RD District:
(1)
Home occupations and professional home offices.
(2)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following criteria:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the Zoning Administrator specifying the capacity of the facility, and shall notify the Zoning Administrator of any changes in capacity in writing.
(c)
No other community living arrangement shall be located within 1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living arrangements located within the Village shall not exceed 25 persons or 1% of the Village's population, whichever is greater.
(3)
Utilities.
(4)
Elementary and secondary schools, churches.
(5)
Airports, airstrips, and landing fields, provided that the site is not less than 20 acres.
(6)
Commercial feed lots, livestock facilities, sale barns.
(7)
Additional housing for farm laborers and seasonal or migratory workers.
(8)
Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.
(9)
Veterinary clinics, provided that no structure or animal enclosure shall be located within 300 feet of a dwelling unit other than a dwelling unit on the property in question.
(10)
Golf courses, country clubs, tennis clubs, or public swimming pools.
(11)
Nursing homes, residential care apartment complexes, as defined in § 50.01(1)(d), Wis. Stats., and similar institutions.
[Added 1-8-2003 by Ord. No. 2003-01]
E.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 200 feet.
(2)
Lot depth: minimum 200 feet.
(3)
Lot area: minimum three acres.
(4)
Principal building (residence):
(a)
Front yard: minimum 35 feet.
(b)
Side yards: minimum 35 feet.
(c)
Rear yard: minimum 35 feet.
(5)
Accessory building:
(a)
Front yard: minimum 45 feet.
(b)
Side yards: minimum 45 feet.
(c)
Rear yard: minimum 45 feet.
(6)
Building height. Maximum of twice the distance from the nearest lot line.
§ 390-24 PG Public Grounds District.
A.
Purpose. The PG District is limited to those areas owned and/or used exclusively by the Village, school district, or other governmental agencies and/or used exclusively for recreation and public purposes.
B.
Permitted uses. The following uses of land are permitted in the PG District:
(1)
Government offices, garages and storage facilities.
(2)
Greenways, open spaces.
(3)
Libraries.
(4)
Schools.
(5)
Playgrounds and parks.
(6)
Churches.
(7)
Swimming pools, shelters, and other recreational buildings.
(8)
Utilities, water towers, and pumping stations.
(9)
Temporary festivals, concerts, and other social/entertainment events, including associated retail sales with Village Board approval.
(10)
Parking lots.
(11)
Cemeteries.
C.
Conditional uses. The following are permitted as conditional uses within the PG District:
(1)
Campgrounds, travel trailer parks.
(2)
Golf courses.
D.
Lot, yard and building requirements.
(1)
Lot frontage: none.
(2)
Lot area: none.
(3)
Front yard: none.
(4)
Side yards: must meet requirements of abutting districts.
(5)
Rear yard: must meet requirements of abutting districts.
(6)
Building height: none.
§ 390-25 C Conservancy District.
A.
Purpose. The Conservancy District is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of residential or other development, and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.
B.
Permitted uses. The following uses of land are permitted in the Conservancy District:
(1)
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits, and tree seeds.
(2)
Forestry and the management of trees.
(3)
Wild preserves.
(4)
The management of wildlife, including waterfowl, fish, and other similar lowland animals.
(5)
Fishing.
(6)
Public and private parks, picnic areas, and similar uses.
(7)
Hiking trails and bridle paths.
(8)
Preservation of areas of scenic, historic, or scientific value.
(9)
Uses similar and customarily incident to any of the above uses.
C.
Conditional uses. The following are permitted as conditional uses within the C District:
(1)
Dams, flowages, ponds, and water storage and water pumping facilities.
(2)
Power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.
(3)
Utilities.
(4)
Piers, docks, and boathouses.
(5)
Relocation of any watercourse.
(6)
Removal of topsoil or peat.
(7)
Cranberry bogs.
(8)
Agriculture, grazing.
(9)
Campgrounds.
(10)
Golf courses.
(11)
Filling, drainage, or dredging of wetlands, provided that this shall conform to any Shoreland Zoning Ordinance[1] enacted pursuant to § 59.692, Wis. Stats.
[1]
Editor's Note: See Ch. 385, Shoreland-Wetland Zoning.
(12)
Nonresidential buildings used solely in conjunction with a permitted or approved conditional use.
D.
Lot, yard and building requirements. There are no lot size or dimensional standards applicable in the Conservancy District. Buildings or other structures must conform to the setback requirements of the abutting districts and the floodplain requirements, if applicable.
§ 390-26 PUD Planned Unit Development District.
A.
Purpose. The Planned Unit Development District is established to promote improved environmental design and innovative uses of land in the Village of Benton. To this intent this district allows variation in the relationship of uses, structures, and open spaces in developments conceived and implemented as cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, energy efficiency, and community appearance consistent with the overall intent of this chapter and the Comprehensive Plan of the Village of Benton.
B.
Permitted uses. Any permitted or conditional use in any of the other districts in this chapter may be permitted subject to the criteria listed below, but such conditions or requirements as are made a part of an approved development plan shall be construed to be and enforced as a part of this chapter.
C.
Lot, building, yard, and parking requirements. In the Planned Unit Development District, there shall be no specific lot area, lot width, yard, height, parking and open space requirements, but such requirements as are made a part of an approved development plan shall be construed to be and enforced as a part of this chapter.
D.
Criteria for approval. As a basis for determining the acceptability of application for zoning to the Planned Unit Development District, the following criteria shall be applied to the proposed development plan:
(1)
The proposed development shall be compatible with the physical nature of the site with particular concern for preserving natural features, existing vegetation, and topography.
(2)
The proposed development shall be an asset to the community aesthetically. The buildings and uses shall blend in with the surrounding neighborhood.
(3)
The proposed development shall not create a traffic or parking demand incompatible with existing or proposed facilities. The width and location of streets, other paving, and lighting should be appropriate to the uses proposed. In no case shall standards be less than those necessary to ensure public safety as determined by the Village.
(4)
The proposed development shall not place avoidable stress on the Village's water supply, sanitary sewer, and stormwater drainage systems.
(5)
The proposed development shall make adequate provisions for the permanent preservation and maintenance of open space.
E.
Procedure.
(1)
The procedure for rezoning to the Planned Unit Development District shall be the same as for any other zoning district change, except that in addition a general development plan shall be submitted to the Village Plan Commission. The general development plan of the proposed project shall be presented at a scale of one inch equals 100 feet and shall show at least the following information:
(a)
The pattern of public and private roads, driveways, and parking facilities.
(b)
A description of land uses and building types, size, and arrangements.
(c)
A utility feasibility analysis.
(d)
The location of recreational and open space areas reserved or dedicated to the public.
(e)
General landscape treatment.
(f)
The plan for phasing the development.
(g)
Any other date required by the Village Plan Commission or Village Board.
(2)
Upon final approval and adoption of the zoning change to the Planned Unit Development District, all plans submitted as well as other commitments, restrictions, and other factors pertinent to assuring that the project will be carried out as presented, shall be filed with the Zoning Administrator and shall be referred to in regard to enforcement or modification of the development plans.
(3)
Detailed plans are not required to be completed at the time the zoning is approved, however, the review process may be made faster by doing so. Before any building permit is issued, the Plan Commission shall review and approve a specific implementation plan.
(4)
The applicant shall file the following with the Plan Commission:
(a)
A final plat of the entire development area showing detailed lot layout, intended uses of each parcel, public dedication, public and private streets, driveways, walkways, and parking facilities.
(b)
The location and treatment of open space areas.
(c)
The arrangement of building groups other than single-family residences and all final landscape plans.
(d)
Architectural drawings and sketches illustrating the design of proposed structures.
(e)
A utility plan locating all utility installations.
(f)
A stormwater drainage and erosion control plan.
(g)
Agreements, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the planned unit development.
(5)
At a regular meeting, the Plan Commission shall approve or require changes consistent with the approved general development plan. Upon final approval of the specific implementation plans, they shall be filed with the Zoning Administrator and shall be referred to in regard to enforcement or modification of the development plans. All covenants, restriction, or contractual agreements with the Village shall be recorded with the Register of Deeds before final issuance of building permits.
F.
Modifications. Any subsequent change of use of any parcel of land or addition or modification of any approved development plans shall be submitted to the Plan Commission for approval. Minor changes can be granted administratively by the Plan Commission. Major changes shall require a public hearing preceded by a Class 1 notice.