Blue Mounds Village
City Zoning Code
City Zoning Code
ARTICLE III
Zoning Districts
§ 385-10 Districts created.
For the purpose of this chapter, the Village is divided into the following zoning districts:
R-1 | Residential District - Single-Family General |
R-1C | Residential District - Single-Family Central |
R-2 | Residential District - Two-Family |
R-3 | Residential District - Multifamily |
R-4 | Residential District - Mobile Home Parks |
C-1 | Commercial District - Central Business |
C-2 | Commercial District - Community Business |
C-3 | Commercial District - Highway Business |
I-1 | Industrial District |
A-1 | Agricultural District |
CO-1 | Conservancy District |
PUD-1 | Planned Unit Development District |
§ 385-11 Zoning Map.
The location and boundaries of the zoning districts are hereby established as shown on the map entitled "Zoning District Map" on file in the office of the Village Clerk/Treasurer. The Village Zoning Administrator shall regularly update the Zoning District Map to show any changes in the zoning district boundary lines resulting from amendments to the Zoning Ordinance and annexations to the Village. The Zoning District Map, together with all information shown thereon and all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein.
A.
Location of district boundaries. The following rules shall apply with respect to the boundaries of the zoning districts as shown on the Zoning District Map:
(1)
Where zoning district boundary lines are indicated as following streets, highways, roads, railroad right-of-way or alleys, such boundary lines shall be construed to be the center line of said streets, highways, roads, railroad rights-of-way or alleys unless clearly shown to the contrary.
(2)
Where any uncertainty exists as to the exact location of zoning district boundary line, the Zoning Board of Appeals, upon written application, shall determine the location of such boundary lines.
B.
Annexations. Annexations to the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District, unless the annexation ordinance temporarily places the land in another district. Within a reasonable time, after completion of the annexation procedures, the Village Plan Commission shall evaluate and recommend a permanent district classification to the Village Board of Trustees.
§ 385-12 R-1 Residential District - Single-Family General.
[Amended 4-13-2005 by Ord. No. A-175]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
One private attached or detached garage; or two garages, provided one is an attached garage and one is a detached garage. All garages shall have a minimum of two stalls and a maximum of four stalls. To be permitted, all detached garages must meet the requirements specified in Subsection C, Lot, building and yard requirements.
(3)
Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds; kennels for pets owned by owners of the residence; and, other such structures customarily associated with and clearly incidental to the residential use. Any such structures shall not exceed 200 square feet and must meet the requirements specified in Subsection C, Lot, building and yard requirements.
(b)
Off-street parking customarily accessory and clearly incidental to permissible principal uses and structures.
(c)
Signs as permitted by Village ordinances.
(4)
Community living arrangements which have a capacity for eight or fewer persons, provided that such arrangements fully comply with Wis. Stats. § 62.23(7)(i)3., as amended, and a copy of first licensure is promptly provided to the Village Clerk/Treasurer so that the Village Board may make the determination allowed under Wis. Stats. § 62.23(7)(i)9., as amended.
(5)
Foster homes or foster treatment homes that are the primary domicile of a foster parent or treatment foster parent and that fully comply with Wis. Stats. § 62.23(7)(i)2m.
(6)
Family day-care homes that fully comply with Wis. Stats. § 66.1017.
B.
Conditional uses.
(1)
Accessory structures in excess of the permitted use requirements.
(2)
Detached garages in excess of the permitted use requirements.
(3)
Community living arrangements which have a capacity for nine or more persons, provided that such arrangements fully comply with Wis. Stats. § 62.23(7)(i), as amended.
(4)
Schools, churches and their affiliated uses.
(5)
Parks, playgrounds, tennis courts and swimming pools.
(6)
Public utilities such as electric substations, telephone switching stations, etc. [SIC 494, 4952]
(7)
Customary home occupations for individuals residing in the residence, including professional home offices, hair and nail salons.
[Amended 7-14-2010 by Ord. No. A-210]
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 90 feet, except for cul-de-sac lots, which shall have a minimum frontage of 40 feet, and irregularly shaped lots, which shall have a minimum frontage of 50 feet.
(2)
Lot area: minimum 11,000 square feet.
(3)
Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum 10 feet; with 25 feet in combination. The 25 feet in combination requirement shall not apply to cul-de-sac lots or irregularly shaped lots.
(c)
Rear yard: minimum 30 feet.
(d)
Rear/side yard with open yard deck: minimum 10 feet.
(e)
Building height: maximum 35 feet.
(f)
Lot, building and yard requirements for corner lots:
[Added 12-10-2014 by Ord. No. A-227]
[1]
Front yard. There shall be a front yard of not less than 30 feet: from the street: right-of-way line and provided further that: on corner lots there shall be two front yards (adjacent to each street) with a minimum setback of 30 feet from the street right-of-way line for each front yard.
[2]
Rear yard. There shall be no rear yard.
[3]
Side yard. There shall be two side yards with a combination of 25 feet with no less than 10 feet on one side.
(4)
Accessory building.
(a)
Front yard: minimum two feet from back of the principal building
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Building height: maximum 15 feet.
(5)
Detached garages.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Minimum size: 20 feet by 20 feet.
(e)
Maximum size without additional approval: 24 feet by 24 feet or equivalent square footage of 576 square feet.
(f)
Building height: maximum 18 feet at peak.
(g)
Sidewall height: maximum 10 feet.
(h)
Stall size: maximum 14 feet wide.
(i)
Maximum size with additional approval: 32 feet by 48 feet or equivalent square footage of 1,536 square feet, provided it:
[1]
Complies with all other requirements in this section;
[2]
The building plans are submitted to the Building Inspector and Plan Commission; and
[3]
The building plans receive approval from the Plan Commission and Building Inspector, which approval shall not be unreasonably withheld provided that the garage is consistent with the architecture and aesthetics of the existing buildings.
(6)
Percent of lot coverage: maximum 25%.
(7)
Parking spaces required: three spaces per residence.
D.
Other requirements.
(1)
No more than two principal permitted uses (e.g., residences) may be served by one private driveway.
(2)
Driveway and parking requirements shall be established on a case-by-case basis for conditional uses.
§ 385-13 R-1C Residential District - Single-Family Central.
A.
Permitted uses. Any uses permitted in R-1 Residential District - Single-Family General.
B.
Conditional uses. Any conditional uses in R-1 Residential District - Single-Family General.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 50 feet.
(2)
Lot area: minimum 3,750 square feet.
(3)
Principal building:
(a)
Front yard: minimum is lesser of 20 feet or reasonably consistent with adjacent properties.
(b)
Side yard: minimum 10 feet.
(c)
Rear yard: minimum 15 feet.
(4)
Building height: maximum 35 feet.
(5)
Accessory building:
(a)
Front yard: minimum two feet from back of the principal building.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Building height: maximum 15 feet.
(6)
Percent of lot coverage: maximum 30%.
(7)
Parking spaces required: two spaces per residence.
D.
Other requirements.
(1)
No more than two principal permitted uses (e.g., residences) may be served by one private driveway.
(2)
Driveway and parking requirements shall be established on a case-by-case basis for conditional uses.
§ 385-14 R-2 Residential District - Two-Family.
A.
Permitted uses.
(1)
Any uses permitted in R-1 Residential District - Single-Family General.
(2)
Two-family dwellings.
B.
Conditional uses.
(1)
Any conditional uses in R-1 Residential District - Single-Family General.
(2)
Zero lot line construction. In addition to the requirements specified in Subsection C, Lot building and yard requirements, and special conditions that may be set forth in the conditional use permit, the following shall be required of all zero lot line construction:
(a)
To obtain approval for zero lot line construction on buildings for which the building permit was issued after May 1, 2000, each dwelling unit shall be required to have separate sewer and water lateral connections; separate sewer/water, electric and gas shutoffs; and, separate sewer/water, electric and gas meters.
(b)
To obtain approval for zero lot line construction on buildings for which the building permit was issued prior to May 1, 2000, each dwelling unit shall be required to have separate sewer/water, electric and gas meters.
(c)
All zero lot line construction shall also be required to obtain approval of and record a certified survey or plat map, as appropriate under Chapter 325, Subdivision of Land, and a satisfactory maintenance agreement. In addition to meeting other subdivision and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:
[1]
Has had a surveyor verify that the zero lot line(s) on the map accurately depicts the actual center line for the common walls after the foundation of the building has been poured (through as-built plans or other means satisfactory to the Village Engineer); and
[2]
Has provided confirmation of same to the Building Inspector.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 90 feet.
(2)
Lot area: minimum 12,000 square feet.
(3)
Principal building:
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum 10 feet.
(c)
Rear yard: minimum 35 feet.
(d)
Building height: maximum 35 feet.
(4)
Accessory building:
(a)
Front yard: minimum two feet from back of the principal building.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Building height: maximum 15 feet.
(5)
Percent of lot coverage: maximum 35%.
(6)
Parking spaces required: two spaces per dwelling unit.
(7)
Lot, yard and principal building requirements for zero lot line construction.
(a)
Lot frontage: minimum 45 feet.
(b)
Lot area: minimum 6,000 square feet.
(c)
Front yard: minimum 30 feet.
(d)
Side yards: minimum 10 feet on one side and zero feet on the other side.
(e)
Rear yard: minimum 35 feet.
(f)
Building height: maximum 35 feet.
(g)
Percent of lot coverage: maximum 35%.
(h)
Parking spaces required: two spaces per dwelling unit.
D.
Other requirements.
(1)
No more than two principal permitted uses (e.g., residences or duplexes) may be served by one private driveway.
(2)
Driveway and parking requirements shall be established on a case-by-case basis for conditional uses.
§ 385-15 R-3 Residential District - Multifamily.
A.
Permitted uses.
(1)
Any uses permitted in R-1 Residential District - Single-Family General and R-2 Residential District - Two Family.
(2)
Multifamily dwellings with up to eight units.
B.
Conditional uses.
(1)
Any conditional uses in R-1 Residential District - Single-Family General and R-2 Residential District - Two Family.
(2)
Multifamily dwellings with nine or more units.
(3)
Charitable institutions, convalescent homes and nursing homes.
(4)
Clubs and lodges.
(5)
Nursery schools.
(6)
Recreational buildings and community centers not operated for profit.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 2,500 square feet per efficiency; 3,000 square feet per one-bedroom unit; 3,500 square feet per two-bedroom unit; 4,000 square feet per three-bedroom unit and over.
(3)
Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum 15 feet.
(c)
Rear yard: minimum 25 feet.
(d)
Building height: maximum 35 feet.
(4)
Accessory building.
(a)
Front yard: minimum two feet from back of the principal building.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Building height: maximum 15 feet.
(5)
Percent of lot coverage: maximum 45%.
(6)
Usable open space: minimum of 1,000 square feet per dwelling unit for first six units, plus 400 square feet of green area for each unit over six.
(7)
Parking spaces required: 1/2 stall per efficiency; two stalls per two-bedroom unit; three stalls per three-or-more-bedroom units.
D.
Other requirements.
(1)
The driveway requirements established in the R-1 and R-2 districts shall apply to principal permitted uses that are also permitted in the R-3 districts (e.g., duplexes and residences).
(2)
No more than one multifamily unit may be served by one private driveway.
(3)
Driveway and parking requirements shall be established on a case-by-case basis for conditional uses.
§ 385-15.1 Accessory Dwelling Unit Overlay District.
[Added 11-12-2025 by Ord. No. A-255]
A.
Purpose. The purpose of the Accessory Dwelling Unit Overlay District is to provide for additional construction and housing options in the Village's R-3 Zoning Districts by permitting homes smaller in size than the current Village minimum lot, building, and yard requirements of R-3 Zoning Districts, and that shall be used for independent living quarters, designed as a permanent, year round residence.
B.
Accommodating additional housing units while preserving the character of existing neighborhoods.
C.
Allowing efficient use of the Village's existing housing stock and infrastructure.
D.
Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs.
E.
Providing a means for residents to remain in their homes and neighborhoods.
F.
Promoting a range of housing styles that meet the needs and appeal to all segments of the community and allows residents to age in place.
G.
Applicability. The Accessory Dwelling Unit Overlay District applies to properties located in underlying R-3 Multifamily Residential Districts.
H.
Permitted uses:
(1)
All permitted uses in the underlying R-3 Zoning District.
(2)
Accessory dwelling unit.
(3)
Multiple accessory dwelling units on a single lot may be permitted, as long as the minimum setback, lot coverage, and open space requirements below are followed.
I.
Conditional uses. All conditional uses permitted in the underlying zoning district.
J.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: none.
(3)
Building(s).
(a)
Front yard setback: minimum 15 feet or setback of adjacent district or reasonably consistent with adjacent properties.
(b)
Side yard setback: minimum 10 feet.
(c)
Rear yard setback: minimum 20 feet.
(d)
Square footage: minimum 400 square feet; maximum 800 square feet. All accessory dwelling units shall have a minimum of 400 square feet of first-floor interior living space.
(e)
Building height: maximum 25 feet.
(f)
Where multiple accessory dwelling units are located on the same parcel or in a single development, the accessory dwelling units shall be visually similar in color, shape, and design.
(g)
Each accessory dwelling unit shall have its own address consistent with the Village addressing system.
(h)
Each accessory dwelling unit shall have a basement or a permanent frost-free foundation conforming to generally accepted construction standards.
(4)
Accessory building. The requirements for accessory buildings, other than accessory dwelling units, in the Accessory Dwelling Unit Overlay District shall be the same as the requirements for accessory buildings in the underlying R-3 zoning district.
(5)
Percent of lot coverage: maximum 45%.
(6)
Usable open space: minimum of 1,000 square feet per accessory dwelling unit.
(7)
Parking spaces required: one off street parking stall per accessory dwelling unit.
§ 385-16 R-4 Residential District - Mobile Home Parks.
A.
Permitted uses. Any uses permitted in R-1 Residential District - Single-Family General.
B.
Conditional uses. Any conditional uses in R-1 Residential District - Single-Family General.
C.
Other requirements. In addition to the requirements set forth herein, mobile home parks shall comply with Chapter 242, Mobile Home Parks.
§ 385-17 C-1 Commercial District - Central Business.
[Note: Numbers in brackets refer to North American Industry Classification System or NAICS codes.]
A.
Permitted uses.
(1)
Paint, glass and wallpaper stores. [44412]
(2)
Hardware stores. [44413]
(3)
Department stores, variety stores, general merchandise stores. [4521-4529]
(4)
General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores, dairy products stores, including ice cream stores, and miscellaneous food stores. [4451, 44521, 44522, 44523, 445299]
(5)
Candy, nut or confectionery stores. [4455292]
(6)
Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery. [445291]
(7)
Clothing and shoe stores. [4481-4482]
(8)
Furniture, home furnishings, and floor covering stores. [442]
(9)
Restaurants, lunch rooms and other eating places, except drive-in type establishments. [7221, 7222]
(10)
Taverns, bars, and other drinking places with permit by Village Board. [7224]
(11)
Drugstores and pharmacies. [44611]
(12)
Liquor stores. [44531]
(13)
Antique stores and secondhand stores. [45331]
(14)
Sporting goods stores. [45111]
(15)
Book and stationery stores. [4512, 4532]
(16)
Convenience stores. [44512]
(17)
Jewelry and clock stores. [44831]
(18)
Camera and photographic supply stores. [44313]
(19)
Gift, novelty and souvenir shops. [45322]
(20)
Florist shops. [45311]
(21)
Tobacco and smokers' supplies stores. [453991]
(22)
News dealers and newsstands. [451212]
(23)
Wholesale merchandise establishments, only for retail items listed above.
(24)
Banks and other financial institutions. [5211, 5221, 5222, 5223, 523]
(25)
Offices of insurance companies, agents, brokers, service representatives. [524]
(26)
Offices of real estate agents, brokers, managers and title companies. [5312, 5313, 541191]
(27)
Reupholstering and furniture repair. [81142]
(28)
Retail laundry and dry-cleaning outlets, including coin-operated laundries and dry-cleaning establishments, commonly called "laundromats" and "launderettes." [81231]
(29)
Tailor shops, dressmakers' shops, and garment repair shops, but not garment-pressing establishments, hand laundries, or hat cleaning and blocking establishments. [81149]
(30)
Photographic studios and commercial photography establishments. [54192]
(31)
Barbershops, beauty shops and hairdressers. [81211]
(32)
Shoe repair shops and shoe shine parlors. [81143]
(33)
Advertising agencies, consumer credit reporting, news agencies, employment agencies. [514110, 54181, 54184, 54189, 541612, 56131]
(34)
Duplicating, blueprinting, photocopying, addressing, mailing, mailing list, and stenographic services. [561439]
(35)
Computer services. [5415, 5142, 5112]
(36)
Watch, clock and jewelry repair services [81149]
(37)
Bowling alleys. [71395]
(38)
Offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, and chiropractors; and veterinarian's offices without outdoor kennel facilities [621112, 62121, 62131, 62132, 621399, 54194]
(39)
Law offices. [5411]
(40)
The offices, meeting places, and premises of professional membership associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations. [8131, 8133, 8134, 8139]
(41)
Engineering and architectural firms or consultants. Accounting, auditing, and bookkeeping firms or services. [5412, 5413]
(42)
Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations. [54169]
(43)
The offices of governmental agencies, post offices, libraries, and municipal parking lots. [92111, 49111, 51412, 81293]
(44)
Public transportation passenger stations, taxicab company offices, taxicab company offices, taxicab stands, but not vehicle storage lots or garages. [48521, 48531]
(45)
Telephone and telegraph offices. [5133]
B.
Conditional uses.
(1)
The sale, service, repair, testing, demonstration or other use of piston-type engines or motors, or any type of device, appliance or equipment operated by such engines or motors. However, the number of unenclosed vehicles awaiting sale or repair shall be established by the Plan Commission. Enclosed vehicles shall be stored within a building or enclosed by a complete vision-barrier fence a minimum of six feet in height. Prior to construction, the materials proposed to be used for the fence and the fence design shall be approved by the Plan Commission. Such enclosure fences shall be maintained in such a manner so as not to constitute a nuisance. [8111]
(2)
Miscellaneous repair shops and related services. [81149]
(3)
Establishments engaged in the publishing and printing of newspapers, periodicals or books. [51111, 51112]
(4)
Farm supplies, wholesale trade. [42291]
(5)
Commercial parking lots, parking garages, parking structures. [81293]
(6)
Motion-picture theaters, not including drive-in theaters. [512131]
(7)
Gasoline service stations; provided, further, that all gasoline pumps, storage tanks, and accessory equipment must be located at least 30 feet from any existing or officially proposed street line. [44711]
(8)
Establishments engaged in renting and/or selling videocassettes, DVDs, and related items such as VCRs, DVD players, TVs and similar equipment. [53223]
(9)
Residential dwelling units above the ground floor and not exceeding 50% of the total gross floor area in a two-story building or not exceeding 66% of the total gross floor area in a three-story building. There shall be no residential dwelling units below the second floor. Garages or additional off-street parking may be required in excess of the requirements set forth in § 385-27. The number of dwelling units per building or per lot may be set upon recommendation of the Plan Commission and approval of the Village Board. The Village Board, upon recommendation of the Plan Commission, may restrict the permitted uses, set forth in Subsection A above, for the ground floor commercial establishment. This conditional use is not a conditional use allowed in the C-2 District.
[Added 7-28-2005 by Ord. No. A-178]
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 25 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Front yard: reasonably consistent with adjacent properties.
(4)
Side yard: minimum 10 feet, except that no minimum is required where there are abutting common walls.
(5)
Rear yard: minimum 25% of depth of lot.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 90%.
(8)
Lot area per dwelling unit: minimum 2,000 square feet.
(9)
Alley width: minimum 15 feet.
(10)
Parking spaces required: see Article IV, Off-Street Parking.
§ 385-18 C-2 Commercial District - Community Business.
A.
Permitted uses.
(1)
Any use permitted in C-1 Commercial - Central Business.
(2)
Automobile service stations and garages.
(3)
Car wash, but only if enclosed in a building.
(4)
Wholesale businesses, lumber yards and warehouses.
(5)
Printing and photocopy shops.
(6)
Sales and service of automobiles, boats and trucks.
(7)
Contractors or construction offices and shops and display rooms.
B.
Conditional uses.
(1)
Any conditional use in C-1 Commercial District - Central Business.
(2)
The active cultivation of agricultural crops.
[Added 11-29-2011 by Ord. No. A-214]
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 50 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Front yard: minimum 25 feet.
(4)
Side yard: minimum 10 feet.
(5)
Rear yard: minimum 25 feet.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 90%.
(8)
Lot area per dwelling unit: minimum 2,000 square feet.
(9)
Alley width: minimum 15 feet.
(10)
Parking spaces required: see Article IV, Off-Street Parking.
§ 385-19 C-3 Commercial District - Highway Business.
[Amended 11-29-2011 by Ord. No. A-214; 4-9-2025 by Ord. No. A-250A]
A.
Purpose and general standards. The C-3 Commercial District - Highway Business is established to furnish the consumer population of the Blue Mounds area and travelers with a wide variety of goods and services which have certain locational requirements and operational characteristics that are incompatible with the Central or Community Business districts. Highway Businesses will be subject to the following general standards:
(1)
Highway commercial districts will be primarily restricted to lands adjacent to Highway ID.
(2)
Access to highway businesses will be limited and clearly marked.
(3)
All business, servicing or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, establishment of the drive-in type and outdoor eating areas of restaurants, will be conducted within completely enclosed buildings.
(4)
With the exception of motor vehicles in operable condition that are or expect to be moved every 48 hours, all storage within 100 feet of a residence district or an arterial street will be within completely enclosed buildings or effectively screened.
B.
Permitted uses.
(1)
Automobile service stations and garages.
(2)
Food stores and convenience stores.
(3)
Restaurants, including drive-in establishments.
(4)
Motels, hotels, tourist courts and inns.
(5)
Taverns and cocktail lounges, in conjunction with restaurants, hotels or motels.
C.
Conditional uses.
(1)
Animal hospitals and kennels, not located within 200 feet from a residential district.
(2)
Car wash, but only if enclosed in a building.
(3)
Battery, muffler and tire service stations.
(4)
Contractors or construction offices and shops and showrooms.
(5)
Commercial recreation facilities, limited to arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, indoor shooting ranges, lodges, miniature golf, pool and billiard halls, skating rinks and indoor theaters.
(6)
Dry cleaners and/or laundromats.
(7)
Farm and other machinery and equipment sales and service.
(8)
Garages for repair and servicing of motor vehicles, including body repair, painting or motor rebuilding.
(9)
Greenhouses.
(10)
Liquor stores.
(11)
Marine equipment sales and service.
(12)
Mobile home and model home sales and service.
(13)
Motor vehicle sales and service, including automobiles, trucks, motorcycles and snowmobiles.
(14)
Offices.
(15)
Warehousing, indoor storage only.
(16)
The active cultivation of agricultural crops.
(17)
Bulk propane storage. This use must comply with the following requirements:
(a)
Storage tanks shall not exceed a cumulative volume of 50,000 gallons.
(b)
No commercial sales or storage of residential or commercial propane tanks are permitted on site.
D.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Front yard: minimum 25 feet.
(4)
Side yard: minimum 10 feet.
(5)
Rear yard: minimum 25 feet.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 75%.
(8)
Parking spaces required: see Article IV, Off-Street Parking.
§ 385-20 I-1 Industrial District.
[Amended 5-16-2005 by Ord. No. A-176]
A.
Purpose. The Industrial District is intended to provide for the orderly development of manufacturing and heavy to light industrial operations in areas designated on the Village's land use plan for industrial development and for protection from the intrusion of certain incompatible uses. Businesses and persons located in this district should expect a traditional industrial and manufacturing setting as opposed to a "business park" or "light manufacturing" type setting that would more typically locate in a Commercial or Light Manufacturing District.
B.
Policies.
(1)
The development of non-nuisance type manufacturing or industrial operations, which on the basis of physical and operation characteristics would not be detrimental to the surrounding area or to the Village as a whole.
(2)
The development of industrial areas will be done in an environmentally suitable manner to protect adjacent nonindustrial areas. To meet this requirement, the following environmental performance standards should be complied with:
(a)
Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, mist or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property or in quantities that exceed established state standards (Chapters NR 400 through 499 of the Wis. Administrative Code) or federal air pollution standards (§ 111, Clean Air Act). Any entity intending to establish a standing air emission source must obtain appropriate permits from the Wis. Dept. of Natural Resources.
(b)
Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of flammable and explosive material shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate fire fighting and fire-suppression equipment and devices that are standard in the industry.
(c)
Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements, can overload the existing municipal utilities, or can injure, contaminate or damage persons or property.
(d)
Noise and vibration. Other than on a temporary basis for a period not longer than seven minutes in any hour, there shall be no noise or vibration over 80 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site as determined by the Building Inspector. No activity shall emit vibrations which are discernible without instruments outside its premises.
(e)
Odors. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.
(f)
Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.
C.
Permitted uses. Permitted uses in the Industrial District shall be as follows and defined by the Standard Industrial Classifications (SIC) scheme to define terms that are used:
(1)
Manufacturing and industrial operations including:
(a)
Printing and publishing. [5111, 51112]
(b)
Industrial machinery and equipment. [5084]
(c)
Dairy products. [5415, 5143, 2023]
(d)
Plastic materials and synthetics. [308, 5162]
(e)
Fabricated metal products. [34]
(f)
Furniture and fixtures. [25, 5021]
(g)
Instruments and related products. [3931]
(h)
Medicinal chemicals and botanical products. [2833]
(i)
Fertilizer plants and production including, nitrogenous, phosphatic and mixed fertilize and livestock mineral blending and nutritional aid production. [2873, 2874, 2875]
(j)
Additional industrial and manufacturing operations not expressly set forth in this section may be allowed as a conditional use, provided such industrial or manufacturing use is consistent with the intent and purpose of the district. These additional industrial and manufacturing uses may, but are not required to, include uses such as the manufacture, fabrication, packing, packaging, processing and assembly of products such as confections, cosmetics, electrical appliances and devices, foods, furs, glass, jewelry, leather, metals, paper, pharmaceuticals, plaster, plastics, textiles, and wood.
(2)
Warehousing or distribution operations, not including predominantly retail sales to customers on site. [50-51]
(3)
Laboratories [873] and research facilities including:
(a)
Scientific and agricultural research.
(b)
Product research.
(c)
Product testing.
(d)
Prototype fabrication and testing.
(e)
Test production.
(f)
Market analysis and similar activities.
(4)
Fire stations. [9224]
(5)
Highway passenger and motor freight transport. [41-42]
(6)
Sexually oriented businesses in accordance with Chapter 289, Sexually Oriented Businesses, of the Code of the Village of Blue Mounds.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Conditional uses. The following are permitted as conditional uses within the I-1 District:
(1)
Public utilities and public services.
(2)
Telecommunications facilities, including cell towers. [48]
(3)
Ancillary retail sales and service operations that serve employees within the industrial park.
(4)
Sewage treatment plants. [4952]
(5)
Gas and LP and fuel manufacturing.
(6)
Fuel companies and suppliers of propane gas, heating oils, diesel fuel, gasoline, kerosene, aviation fuel and propane equipment service and repair.
(7)
Business services [73]. Any business services locating in the industrial park shall be subject to a conditional use permit by which the owner acknowledges that the primary purpose of the district is manufacturing and industrial, and such manufacturing and industrial uses shall be the dominant use in the I-1 District.
(8)
Offices of construction firms, shops, display rooms and enclosed storage. [15-17]
(9)
Recreational facilities, including but not limited to ice hockey rinks. Any such recreational facilities locating in the industrial park shall be subject to a conditional use permit by which the owner acknowledges that the primary purpose of the district is manufacturing and industrial, and such manufacturing and industrial uses shall be the dominant use in the I-1 District.
(10)
Dog and other domestic small animal day care, training, grooming and/or boarding facilities allowing up to a maximum of 100 kennels.
[Added 10-10-2007 by Ord. No. A-187.2]
E.
Prohibited uses. The following uses shall not be permitted in the I-1 District:
(1)
Fat rendering.
(2)
Hazardous waste materials (as defined in 40 CFR 261, Appendix VIII, and Ch. NR 400 of Wis. Admin Code), storage, processing or treatment of.
(3)
Junkyards.
(4)
Stockyards.
(5)
Tannery.
F.
Standards.
(1)
Within the Industrial District, the following standards shall apply:
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 10,000 square feet.
[1]
Front yard: minimum 25 feet.
[2]
Side yard: minimum 10 feet.
[3]
Side yard, corner lot: minimum 25 feet.
[4]
Rear yard: minimum 20 feet.
(c)
Building height: maximum 45 feet.
(d)
Percent of lot coverage: maximum 80%.
(e)
Parking spaces required: see Article IV, Off-Street Parking.
(2)
Lot area. Maximum lot coverage of a building on a lot shall not exceed 80% of the total lot area. There shall be sufficient area for the principal structure, its accessory structures, and all required off-street parking, loading areas and any required yards. Stormwater management plans will be required for sites with proposed impervious areas of greater than 50% of the lot area. Impervious areas shall include building(s), paved parking areas, paved access/circulation roads and paved storage areas.
(3)
Side yard. Minimum side yard is 10 feet. In the event that two adjoining sites shall be owned by the same owner and the improvements on such sites are erected on these combined sites, then the side yard requirements on the interior line may be waived.
(4)
Off-street parking. Adequate parking stalls shall be established to incorporate all vehicle parking within the lot area. There shall be no parking allowed in the 30 feet adjacent to a residential district. On-street parking, loading or unloading is prohibited.
G.
Other requirements. Uses permitted and conditional in the I-1 District are subject to the following requirements:
(1)
Required buffer strips in Industrial Districts. Where an I-1 Industrial District abuts an established residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. When a new I-1 District is located next to an established residential district, then the buffer strip shall be located in the I-1 District. If a new residential district is built next to an existing I-1 District, then the buffer strip will be built in the new residential area by the residential developer. 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. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than five 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 or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.
(2)
The minimum landscape surface ratio (the area of the lot which is planted and continually maintained in vegetation) is 20%.
(3)
The landscaping plans should achieve a minimum point total of 800 points; 600 of these points in trees and the remaining 200 using other elements in each 10,000 square feet of green space. The final point total must come from a balanced variety of the listed elements as acceptable to the Plan Commission. Subject to the recommendation of the Plan Commission, the above point totals may be increased or decreased on specific sites to meet the intent of this chapter.
Landscape Element | Point Value | ||
|---|---|---|---|
Medium shade tree: | |||
2 to 2 1/2 inch caliper at 6 inches | 100 | ||
Medium evergreen tree: | |||
5 to 6 1/2 feet in height | 100 | ||
Medium deciduous shrub: | |||
18 to 24 inches in height | 15 | ||
25 to 36 inches in height | 20 | ||
Evergreen shrub: | |||
18 to 24 inches in height | 20 | ||
(4)
If trees or plantings die, they must be replaced in a timely manner, but not later than the next fall or spring planting season.
(5)
Signs must be approved by the Plan Commission prior to approval. The immediate area surrounding the sign must achieve a minimum of 100 landscape points.
§ 385-21 A-1 Agricultural District.
A.
Permitted uses.
(1)
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, and truck farming.
(2)
Keeping and raising domestic stock for agribusiness, show, breeding or other purposes, but excluding swine farming, fur farming, dog kennels, and commercial hatcheries; and, provided that farm buildings housing animals, barnyards and feed lots shall be at least 200 feet from any navigable water or district boundary, shall not be located in a floodplain and shall not be within 300 feet of a dwelling unit other than the dwelling unit located on the farm itself.
(3)
Permitted accessory uses.
(a)
One farm dwelling or residence.
(b)
Attached or detached private garages and parking accessory to permitted or permitted accessory uses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(c)
General farm buildings including barns, silos, sheds, storage bins, and not more than one roadside stand for the sale of farm products produced on the farm itself.
B.
Conditional uses.
(1)
Parks, parkways, and golf courses, but not including commercially operated par three or miniature golf courses or golf driving provided that the maintenance building and club houses shall be not less than 300 feet from any lot in a residence district.
(2)
Home occupation or professional office.
(3)
Airports, airstrips and landing fields, provided that the farm is not less than 20 acres.
(4)
Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities.
(5)
Campgrounds.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 250 feet.
(2)
Lot area: minimum five acres.
(3)
Front yard: minimum 65 feet.
(4)
Side yard: minimum 30 feet.
(5)
Rear yard: minimum 50 feet.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 75%.
§ 385-22 CO-1 Conservancy District.
A.
Permitted uses.
(1)
Public park, recreational facilities and structures.
(2)
Essential services.
(3)
Accessory buildings and structures incidental to any of the above uses.
B.
Conditional uses.
(1)
Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(2)
Sustained yield forestry.
C.
Lot, building and yard requirements.
(1)
Lot, frontage: minimum 20 feet.
(2)
Lot area: no minimum.
(3)
Front yard: minimum 30 feet.
(4)
Side yard: minimum 30 feet.
(5)
Rear yard: minimum 30 feet.
(6)
Building height: maximum 35 feet.
(7)
Percent of lot coverage: maximum 25%.
§ 385-23 PUD-1 Planned Unit Development District.
A.
Statement of purpose.
(1)
The Planned Unit Development (PUD) is an area to be developed as a single entity according to a Specific Implementation Plan, containing one or more residential clusters, commercial clusters, industrial cluster, or a mixture thereof, and one or more public, quasi-public, agricultural, parkland and/or conservation areas. PUDs shall be designated as PUD-Residential, PUD-Commercial, PUD-Industrial and PUD-Mixed.
(2)
The Planned Unit Development District is established to provide a regulatory framework designed to encourage and promote environmental quality of the Village by allowing for greater freedom, imagination, and flexibility in the development of land while insuring substantial compliance to the basic intent of the Zoning Ordinance and the Blue Mounds Comprehensive Plan. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open spaces.
B.
Permitted uses. The following uses are permitted in the Planned Unit Development District; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the provisions set forth herein:
(1)
Any use permitted in any of the districts subject to the criteria established in this section are permitted, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be enforced as a part of these provisions.
C.
Lot area, width, height, yard and usable open space requirements. In the Planned Unit Development District, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan. The minimum land area for Planned Unit Development District shall be five acres.
D.
Signs. In the Planned Unit Development District, signs shall be in accordance with the provisions of §§ 385-28 to 385-31.
E.
Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with the provisions of § 385-27 and such requirements as are made a part of an approved recorded precise development plan.
F.
Criteria for approval. As a basis for determining the acceptability of a Planned Unit Development District application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of these provisions, has been prepared with competent professional advice and guidance.
(1)
Character and intensity of land use. In a Planned Unit Development District, the uses proposed, and their intensity and arrangement on the site, shall be of a visual and functional character which:
(a)
Are compatible to the physical nature of the site with particular concern for the preservation of natural features and open spaces.
(b)
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the Comprehensive Plan for the area as established by the Village.
(c)
Would not adversely affect the anticipated provision for school or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The applicant shall provide evidence satisfactory to the Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
(3)
Preservation and maintenance of open space. In a Planned Unit Development District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.
(a)
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Village as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that or providing landscaped open space for the aesthetic and recreational benefit of the development.
(b)
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance shall be included in the title to each property.
(4)
Implementation schedule. Any person, firm or corporation applying for Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the surrounding properties as a result of termination at that point.
G.
Procedure. The procedure for rezoning to a Planned Unit Development District shall be as required for any other zoning district change except that in addition thereto, the rezoning may only be considered in conjunction with a development plan, and shall be subject to the following additional requirements:
(1)
General development plan. The applicant shall file with the Plan Commission a general development plan which shall include the following information:
(a)
A statement describing the general character of the intended development.
(b)
An accurate map of the project area including its relationship to surrounding properties and existing physical features.
(c)
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in these provisions.
(d)
The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character.
(e)
The pattern of public and private streets.
(f)
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as school park, greenway, etc.
(g)
A utility feasibility study.
(h)
Appropriate data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation under the criteria of Subsection G(1)(f) of this section.
(i)
General outline of intended organizational structure related to property owner's association, deed restrictions and private provision of common services.
(2)
Referral and hearing.
(a)
Within a reasonable time after completion of the filing of the application for approval of a general development plan, the Plan Commission, after a public hearing, shall forward the application to the Village Board, with a recommendation that the plan be approved as submitted, approved with modifications, or disapproved.
(b)
Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan, and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(3)
Specific implementation plan. A specific and detailed plan for implementation of all or a part of a proposed Planned Unit Development District must be submitted within a reasonable period of time as determined by the Plan Commission. If a specific implementation plan has not been submitted within said time, which the Plan Commission determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the Planned Unit Development district shall be filed by the Plan Commission. The specific implementation plan shall be submitted to the Plan Commission and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
(a)
An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways, and parking facilities.
(c)
Detailed lot layout and subdivision plat, where required.
(d)
The arrangement of building groups, other than single-family residences and their architectural character.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational or other special amenities.
(h)
The location and description of any areas to be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of development capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating: the approximate date when construction of the project can be expected to begin; the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin; the anticipated rate of development; the approximate date when the development of each of the stages will be completed; and the area and location of common open space that will be provided at each stage.
(m)
Agreements, bylaws, provisions, or covenants which govern the organizational structure, use maintenance, and continued protection of the Planned Unit Development and any of its common services, common open areas or other facilities.
(n)
Any other plans, documents, or schedules requested by the Plan Commission.
(4)
Approval of the specific implementation plan.
(a)
Following a review of the specific implementation plan, the Plan Commission shall recommend to the Village Board that they be approved as submitted, approved with modifications, or disapproved.
(b)
Upon receipt of the Plan Commission recommendation, the Village Board may approve the plan and authorize the development to proceed accordingly, or disapprove the plan.
(c)
In the event of approval of the Specific Implementation Plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the Village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded in the Dane County Register of Deeds office by the developer within a reasonable period of time as determined by the Village Board. This shall be accomplished prior to the issuance of any building permit.
(d)
Any subsequent change or addition to the plans or use shall first be submitted for approval 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, the procedure provided in this section shall be repeated.
§ 385-24 Wellhead Protection Overlay District.
[Added 9-11-2002 by Ord. No. A-166]
A.
Purpose and authority. The residents of the Village of Blue Mounds depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village of Blue Mounds. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a) and (c). Under these statutes, the Village has the authority to enact this chapter, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources. This § 385-24 of the Village Code may be referred to as the "Wellhead Protection Ordinance."
(1)
Application of regulations. The regulations specified in this section shall apply only to lands within 1,500 feet of the Blue Mounds municipal wells (cones of depression) or within the five-year time of travel (TOT) of these wells and which also lie within the Village of Blue Mounds corporate limits.
(2)
Definitions. The following definitions shall apply to this section:
AQUIFER
A saturated, permeable geologic formation that contains and will yield significant quantities of water.
CONE OF DEPRESSION
The area around a well, in which the water level has been lowered at least 1/10 of a foot by pumping of the well. The Wisconsin Geological and Natural History Survey identified the cone of depression to be a radius of 1,422 feet. For ease of determination, the cone of depression or Groundwater Protection Overlay District A has been established as being 1,500 feet from the Blue Mounds wells.
FIVE-YEAR TIME OF TRAVEL (TOT)
The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach a pumping well. The five-year TOT for the Blue Mounds well fields is established based on flow path modeling contained in the report entitled "Blue Mounds Wisconsin Case Study: Wellhead Protection Programs and Monitoring System Design." Note: The report "Blue Mounds Wisconsin Case Study: Wellhead Protection Programs and Monitoring System Design" is available from the Village Clerk/Treasurer.
RECHARGE AREA
The area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.
WELL FIELD
A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
B.
Groundwater Protection Overlay District A - cones of depression.
(1)
Intent. The primary portion of the Blue Mounds recharge area to be protected is the land within 1,500 feet of the Blue Mounds wells, known as Wells 4, 5, 6, 7, 8, 9 and 10, as shown on the attached map. These lands are subject to the most stringent land use and development restrictions because of close proximity to the wells and the corresponding high threat of contamination.
(2)
Permitted uses. The following uses are permitted uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection B(3) below are to be considered prohibited uses.
(a)
Parks and playgrounds, provided there are no on-site waste disposal or fuel storage tank facilities;
(b)
Wildlife areas;
(c)
Nonmotorized trails, such as biking, skiing, nature and fitness trails;
(d)
Sewered residential developments subject to conditions in Chapter 282, Sewers and Sewage Disposal, of the Village Code;
(e)
Unsewered (single-family) residential development only on existing lots of record on the effective date of this section and subject to conditions in Chapter 282, Sewers and Sewage Disposal, of the Village Code.
(3)
Conditional uses. The following uses are conditional uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection B(2) above are to be considered prohibited uses.
(a)
Commercial uses served by municipal sanitary sewer except those listed as prohibited in Subsection B(4) below.
(4)
Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District A. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses.
(a)
Underground storage tanks of any size.
(b)
Septage and/or sludge spreading.
(c)
Animal waste landspreading.
(d)
Animal waste facilities.
(e)
Animal confinement facilities.
(f)
Gas stations.
(g)
Vehicle repair establishments, including auto body repair.
(h)
Printing and duplicating businesses.
(i)
Any manufacturing or industrial businesses.
(j)
Bus or truck terminals.
(k)
Repair shops.
(l)
Landfills or waste disposal facilities.
(m)
Wastewater treatment facilities.
(n)
Spray wastewater facilities.
(o)
Junkyards or auto salvage yards.
(p)
Bulk fertilizer and/or pesticide facilities.
(q)
Asphalt products manufacturing.
(r)
Dry-cleaning businesses.
(s)
Salt storage.
(t)
Electroplating facilities.
(u)
Exterminating businesses.
(v)
Paint and coating manufacturing.
(w)
Hazardous and/or toxic materials storage.
(x)
Hazardous and/or toxic waste facilities.
(y)
Radioactive waste facilities.
(z)
Recycling facilities.
(aa)
Cemeteries.
(5)
Where any of the uses listed in Subsection B(4) above exist within Groundwater Protection Overlay District A on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and appropriate permit issued by the Village, prior to any work being initiated. Expansion of the prohibited use will not be allowed.
C.
Administration and enforcement. This section shall be administered and enforced in accordance with procedures set forth in this Chapter 385, including but not limited to §§ 385-50 through 385-58. In addition to any other enforcement, legal or equitable remedies the Village may have, a violation of this section shall be subject to § 385-58.
§ 385-25 Conditional uses.
A.
Purpose. The development and execution of this chapter is based upon the division of the Village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such conditional uses are publicly operated or traditionally affected with a public interest; or are uses entirely private in character, but of a nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B.
Initiation of conditional use. Any person having a full ownership or title to land or a right of any extent to sole possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which interest is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which the land is located.
C.
Application for conditional use. An application for a conditional use shall be filed with the Village Clerk/Treasurer on a form prescribed by the Village Clerk/Treasurer. The application shall be accompanied by plans and data and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in this chapter. Such application shall be forwarded from the Zoning Administrator to the Plan Commission and Village Board. Following review and recommendation by the Plan Commission, the Village Board shall conduct a public hearing and act upon the applicant's request.
D.
Hearing on application. Upon receipt in proper form of the application and statement and recommendation of the Plan Commission, the Village Board shall hold at least one public hearing on the proposed conditional use. At least 10 days in advance of such public hearing, notice of time and place of such hearing shall be published at least two times in a newspaper of general circulation in the Village. Supplemental or additional notices may be published or distributed as the Plan Commission and/or Village Board may prescribe.
E.
Authorization. For each application for a conditional use, the Plan Commission shall report to the Village Board its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed conditional use is not acted upon finally by the Village Board within 90 days of the date upon which such application is received by the Board, it shall be deemed to have been denied.
F.
Standards. No conditional use shall be recommended by the Village Plan Commission unless the Commission shall find:
(1)
That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
(2)
That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4)
That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
(6)
That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Village Board pursuant to the recommendations of the Plan Commission.
G.
Conditions and guarantees. Prior to the granting of any conditional use, the Village Plan Commission may recommend, and the Village Board may attach, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as they deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which conditional uses are granted, the Village Board may require such evidence and guarantees as it deems necessary as proof that the applicant will comply with any conditions of approval. Conditional use permits may be revoked by the Zoning Administrator, provided the Zoning Administrator has forwarded notice of noncompliance to the property owner and has failed to comply within 20 days.
[Amended 3-11-2009 by Ord. No. A-199.2; 4-8-2015 by Ord. No. A-228]
H.
Effect of denial of a conditional use. No application for a conditional use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Village Plan Commission and Village Board.
I.
Revocation. In any case where a conditional use has not been established within one year after the date of granting thereof, then, without further action by the Plan Commission or the Village Board, the conditional use or authorization shall be null and void.
J.
Limited conditional uses. Limited conditional uses are the same as regular conditional uses except that due to the nature of the proposed use, periodic review is needed to ensure that the conditional use conforms to the standards for approving proposed conditional uses under § 385-25F. The duration or term of a limited conditional use may be established as a time certain or be limited to a future happening or event at which time the same shall terminate unless renewed by the Village Board.
[Added 3-11-2009 by Ord. No. A-199.2; amended 4-8-2015 by Ord. No. A-228]
K.
Fee. The fee for a conditional use permit and renewal permit shall be as determined by resolution of the Village Board and posted in the office of the Village Clerk/Treasurer.[1]
[Added 3-11-2009 by Ord. No. A-199.2]
[1]
Editor's Note: Original Subsection (10), Penalties, which immediately followed this subsection, was repealed 5-14-2014 by Ord. No. A-221.