Brookfield Town City Zoning Code
§ 17.04
Zoning districts.
[Amended 12-7-2004; 10-6-2009; 6-1-2010; 7-5-2011; 5-17-2016; 12-7-2021 by Ord. No. 2021-004; 7-18-2023 by Ord. No. 2023-06]
(1)
Established. For the purposes of this chapter, the Town is divided into 17 basic use districts and one overlay district as follows:
A-1 Agricultural District |
Rs-1 Single-Family Residential District |
Rs-2 Single-Family Residential District |
Rs-3 Single-Family Residential District |
Rs-4 Single-Family Residential District |
Rd-1 Two-Family Residential District |
Rm-1 Multifamily Residential District |
Rm-2 Multifamily Residential District |
B-1 Neighborhood Business District |
B-2 Limited General Business District |
B-3 Office and Professional Business District |
M-1 Limited Manufacturing District |
M-2 General Manufacturing District |
M-3 Quarrying District |
I-1 Institutional District |
P-1 Park District |
C-1 Conservancy District |
MU-1 Mixed-Use District |
(a)
Boundaries. The boundaries of the districts enumerated above are hereby established as shown on the map entitled "Zoning Map - Town of Brookfield, Wisconsin," dated December 20, 1988, which map is made a part of this chapter by reference. Any future changes in such maps or later zoning maps that may be adopted by ordinance of the Town Board are also adopted herein by reference. Unless otherwise noted on the Zoning Map, such boundaries shall be construed to follow corporate limits, U.S. Public Land Survey lines, lot or property lines, center lines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended.
(b)
(Reserved)[1]
[1]
Editor's Note: Former Subsection (1)(b), Interpretations, was repealed 12-7-2021 by Ord. No. 2021-004.
(c)
Vacation. Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.
(2)
Zoning Map. A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter, shall bear upon its face the attestation of the Town Chairperson and Town Clerk and be available to the public in the office of the Town Clerk. Changes thereafter to the general zoning districts shall not become effective until adopted by the Town Board, approved by the Waukesha County Board of Supervisors and entered and attested on the certified copy.
(3)
A-1 Agricultural District. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Town that are not yet committed to urban development. It is further the intent of this district to protect lands contained herein from urban development until their orderly transition into urban-oriented districts is required.
(a)
Permitted uses.
1.
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture.
2.
Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises subject to the following limitations:
a.
No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres.
b.
No more than five chickens, ducks, or similar poultry, over two months of age, shall be kept for each acre.
c.
No more than eight rabbits or hare, over two months of age, shall be kept for each acre.
d.
The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited.
e.
Combinations of the above shall be apportioned to the total acreage and the Building Inspector shall determine the total number of animals allowed.
3.
Existing dwellings not accessory to any farm operation or a dwelling remaining after farm consolidation.
4.
Essential services.
(b)
Permitted accessory uses.
1.
Customary accessory buildings, including not more than one roadside stand 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.
2.
One farm dwelling per operating farm.
3.
Home occupations and professional home offices.
4.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
5.
Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width.
1.
Lots shall have a minimum area of five acres and shall be not less than 300 feet in width.
2.
Lots with existing non-farm dwellings or lots with dwellings remaining after farm consolidation shall provide a minimum lot area of 40,000 square feet and shall be not less than 150 feet in width.
(e)
Building height and area.
1.
No dwelling or part of a dwelling shall exceed 35 feet in height. Farm buildings shall not exceed 100 feet in height. Other accessory buildings shall not exceed 15 feet in height.
2.
The total minimum floor area of a dwelling shall be 1,200 square feet.
3.
The minimum first floor area of a bi-level or two-story dwelling shall be 1,000 square feet.
4.
A tri-level dwelling shall have a minimum living area of 400 square feet per level.
5.
The sum total of the floor area of all principal buildings and all accessory buildings shall not exceed 5% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 50 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 30 feet in width.
(4)
Rs-1 Single-Family Residential District. The Rs-I Residential District is intended to provide for single-family residential development at densities not to exceed 1.1 dwelling units per net acre.
(a)
Permitted uses.
1.
Single-family dwellings.
2.
Community living arrangements which have a capacity for eight or fewer persons, and which are located not less than 2,500 feet from the location of another community living arrangement, subject to the limitations and conditions set forth in Wis. Stat. § 60.63.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width. Lots shall be a minimum of 40,000 square feet in area and not less than 150 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be 1,300 square feet.
3.
The minimum first floor area of a bi-level or two-story dwelling shall be 1,000 square feet.
4.
A tri-level dwelling shall have a minimum living area of 450 square feet per level.
5.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 20% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 50 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(5)
Rs-2 Single-Family Residential District. The Rs-2 Residential District is intended to provide for single-family residential development at densities not to exceed 1.5 dwelling units per net acre.
(a)
Permitted uses.
1.
Single-family dwellings.
2.
Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations in § 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width. Lots shall be a minimum of 30,000 square feet in area and shall be not less than 120 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be 1,200 square feet.
3.
The minimum first floor area of a bi-level or two-story dwelling shall be 1,000 square feet.
4.
A tri-level dwelling shall have a minimum living area of 400 square feet per level.
5.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 18% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 50 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(6)
Rs-3 Single-Family Residential District. The Rs-3 Residential District is intended to provide for single-family residential development at densities not to exceed 2.2 dwelling units per net acre.
(a)
Permitted uses.
1.
Single-family dwellings.
2.
Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations in 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width. Lots shall be a minimum of 20,000 square feet in area and not less than 110 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be 1,100 square feet.
3.
The minimum first floor area of a bi-level or two-story dwelling shall be 1,000 square feet.
4.
A tri-level dwelling shall have a minimum living area of 400 square feet per level.
5.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 25% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 50 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(7)
Rs-4 Single-Family Residential District. The Rs-4 Residential District is intended to provide for single-family residential development at densities not to exceed 2.9 dwelling units per net acre, served by centralized sewer and water facilities.
(a)
Permitted uses.
1.
Single-family dwellings.
2.
Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations in § 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width. Lots shall be a minimum of 15,000 square feet in area and not less than 90 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be 1,100 square feet.
3.
The minimum first floor area of a bi-level or two-story dwelling shall be 1,000 square feet.
4.
A tri-level dwelling shall have a minimum living area of 400 square feet per level.
5.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 25% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 35 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 15 feet in width.
(8)
Rd-1 Two-Family Residential District. The Rd-1 Residential District is intended to provide for two-family residential development at densities not exceeding 4.4 dwelling units per net acre, served by municipal sewer and water facilities.
(a)
Permitted uses.
1.
Two-family dwellings.
2.
Community living arrangements which have a capacity for eight or fewer persons, subject to the limitations in § 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14)(b).
(d)
Lot area and width. Lots shall be a minimum of 20,000 square feet in area, with not less than 10,000 square feet per dwelling unit, not less than 120 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be 1,000 square feet per dwelling unit.
3.
The minimum first floor area of a two-family structure shall 1,000 square feet.
4.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 20% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 35 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 15 feet in width.
(9)
Rm-1 Multifamily Residential District. The Rm-1 Residential District is intended to provide for multifamily residential development at densities not exceeding 4.4 dwelling units per net acre, served by municipal sewer and water facilities.
(a)
Permitted uses.
1.
Two-family and multifamily dwellings. Multifamily residential structures shall not exceed eight dwelling units per structure.
2.
Community living arrangements which have a capacity for 15 or fewer persons, subject to the limitations in § 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width.
1.
Lots shall be a minimum of 20,000 square feet in area, with not less than 10,000 square feet per dwelling unit, and not less than 120 feet in width.
2.
Twenty percent of any adjacent area owned by the applicant zoned C-1 Conservancy District under this chapter or Floodplain or Conservancy District under the Waukesha County Shoreland and Flood land Protection Ordinance may be used in calculating density, provided the total number of units permitted shall not exceed 20% of the units permitted without using flood land or conservancy lands.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 40 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be as follows:
a.
One-bedroom dwelling unit: 750 square feet per dwelling unit.
b.
Two-bedroom dwelling unit: 950 square feet per dwelling unit.
c.
Three-bedroom or larger dwelling unit: 1,100 square feet per dwelling unit.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 35 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(g)
Plans and specifications to be submitted to plan commission. To encourage a multifamily residential environment that is compatible with the residential character of the Town, building permits for permitted uses in Rm-1 Multifamily Residential District shall not be issued without review and approval of the Town Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization. In addition, all plans are subject to SPS approval prior to the issuance of a building permit.
(10)
Rm-2 Multifamily Residential District. The Rm-2 Residential District is intended to provide for multifamily residential development at densities not exceeding 7.3 dwelling units per net acre. The Rm-2 Residential District is intended for use in more intensely developed areas, particularly in areas adjacent to business and manufacturing areas. It is not intended that the Rm-2 Residential District be located directly adjacent to single-family residential development in the Town. All Rm-2 residential developments should be served by municipal sewer and water facilities.
(a)
Permitted uses.
1.
Two-family and multifamily dwellings. Multifamily residential structures shall not exceed eight dwelling units per structure.
2.
Community living arrangements which have a capacity for 15 or fewer persons, subject to the limitations in § 60.63, Wis. Stats.
3.
Foster family homes.
4.
Family child care homes.
5.
Essential services.
(b)
Permitted accessory uses.
1.
Private garages and carports.
2.
Gardening, tool, and storage sheds incidental to the residential use.
3.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Home occupations and professional home offices.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width.
1.
Lots shall be a minimum of 20,000 square feet in area, with not less than 6,000 square feet per dwelling unit, and not less than 120 feet in width.
2.
20% of any adjacent area owned by the applicant zoned C-1 Conservancy District under this chapter or Floodplain or Conservancy District under the Waukesha County Shoreland and Flood land Protection ordinance may be used in calculating density provided the total number of units permitted shall not exceed 20% of the units permitted without using flood land or conservancy lands.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 40 feet in height. No accessory building shall exceed 15 feet in height.
2.
The total minimum floor area of a principal building shall be as follows:
a.
One-bedroom dwelling unit: 750 square feet per dwelling unit.
b.
Two-bedroom or larger dwelling unit: 950 square feet per dwelling unit.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 25% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum setback of 35 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(g)
Plans and specifications to be submitted to plan commission. To encourage a multifamily residential environment compatible with the residential character of the Town, building permits for permitted uses in the Rm-1 Multifamily Residential District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization. In addition, all plans are subject to SPS approval prior to the issuance of a building permit.
(11)
B-1 Neighborhood Business District. The B-1 Neighborhood Business District is intended for individual and small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood. The character, appearance, and operation of a neighborhood business area should be compatible with surrounding residential areas. No such district shall be less than two acres in area.
(a)
Permitted uses.
• | Bakeries |
• | Banks, savings and loan associations and other financial institutions |
• | Barbershops |
• | Beauty shops |
• | Business offices |
• | Clinics |
• | Clothing stores |
• | Delicatessens |
• | Drugstores |
• | Fish markets |
• | Florists |
• | Fruit stores |
• | Gift stores |
• | Grocery stores |
• | Hardware stores |
• | Hobby shops |
• | Insurance sales offices |
• | Meat markets |
• | Optical stores |
• | Packaged beverage stores |
• | Professional offices |
• | Real estate sales offices |
• | Restaurants, except drive-through and fast-food restaurants |
• | Self service laundry and dry-cleaning establishments |
• | Soda fountains and ice cream stores |
• | Sporting goods stores |
• | Tobacco stores |
• | Vegetable stores |
• | Videotape sales and rental |
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles used in conjunction with the operation of the business.
2.
Off-street parking and loading areas.
3.
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business, provided that an occupancy separation is provided in accordance with State Code (Chs. SPS 361 through 366, Wis. Adm. Code).
4.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
5.
Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width.
1.
Neighborhood business shopping centers shall contain a minimum area of two acres and shall be not less than 200 feet in width.
2.
Individual business sites in the B-1 Business District shall provide sufficient area for the principal building and its accessory buildings, off-street parking and loading areas and required yards. There is no minimum required site width.
(e)
Building height and area.
1.
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
The sum total of the floor area of the principal building and all accessory buildings shall be not less than 6,000 square feet or 15% of the lot area, whichever is less.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum building setback of 50 feet from the right-of-way of all streets.
2.
There shall be a minimum offset from all side and rear lot lines not less than 15 feet in width.
(g)
Plans and specifications to be submitted to the plan commission. To encourage a business environment compatible with the residential character of the Town, building permits for permitted uses in the B-1 Business District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, and egress, parking, loading, and unloading, landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to issuance of a building permit.
(h)
Buffer yard required. Any business use which abuts a residential district shall provide a ten-foot-minimum buffer yard between the business use and the residential district to screen the business activity from the residential environment in such a manner that:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. Any wall or fence shall not be less than four nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
5.
No lighting shall be permitted on or in any part of the buffer yard and no lighting installed elsewhere on the parcel shall throw any rays onto adjacent residential properties.
6.
No signs shall be permitted on or in any part of the buffer yard.
(i)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(12)
B-2 Limited General Business District. The B-2 Limited General Business District is intended to provide for the orderly and attractive grouping at appropriate locations of businesses offering a wider range of retail products and services than are provided in neighborhood business districts. Many such businesses are related to and dependent upon highway traffic or are specifically designed to serve the need of such traffic.
(a)
Permitted uses.
• | Antique and collector's stores |
• | Appliance stores |
• | Art shops |
• | Bakeries |
• | Banks, savings and loan and other financial institutions; including drive-in facilities |
• | Barbershops |
• | Beauty shops |
• | Book or stationery stores |
• | Building supply stores, excluding lumber yards |
• | Business offices |
• | Camera and photographic supply stores |
• | Clinics |
• | Clothing stores |
• | Communication offices or exchanges |
• | Confectioneries and ice cream stores |
• | Convenience food store |
• | Delicatessens |
• | Department stores |
• | Drugstores |
• | Dry cleaning and dying establishments |
• | Electronic equipment sales, service, and repair |
• | Equipment rental facilities |
• | Fish markets |
• | Florist shops |
• | Fruit and vegetable markets |
• | Funeral homes |
• | Furniture stores |
• | Garden centers |
• | Gift shops |
• | Grocery and other food products stores |
• | Hardware stores |
• | Hobby shops |
• | Hotels and motels |
• | Indoor tennis and racquetball courts and physical fitness centers |
• | Insurance sales offices |
• | Interior decorators |
• | Jewelry stores |
• | Meat markets |
• | Music and radio stores |
• | Notion and variety stores |
• | Optical stores |
• | Packaged beverage stores |
• | Pharmacies |
• | Photography and art studios |
• | Printing and publishing houses |
• | Professional offices |
• | Radio and television broadcast studios, not including transmission towers |
• | Real estate sales offices |
• | Restaurants, not including drive-through or fast-food restaurants |
• | Self-service laundries |
• | Shoe stores |
• | Soda fountains |
• | Sporting goods stores |
• | Super markets |
• | Tailoring or dressmaking shops |
• | Tobacco stores |
• | Videotape sales and rental |
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles used in conjunction with the operation of the business.
2.
Off-street parking and loading areas.
3.
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business, if an occupancy separation is provided in accord with Chs. SPS 361 through 366, Wis. Adm. Code.
4.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
5.
Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14)
(d)
Lot area and width. Lots shall have a minimum area of 20,000 square feet and be not less than 120 feet in width.
(e)
Building height and area.
1.
No principal building or parts of a principal building shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.
2.
The sum total of the floor area of the principal building and all accessory buildings shall be not less than 6,000 square feet or 15% of the lot area, whichever is less.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum building setback of 50 feet from the right-of-way of all streets.
2.
There shall be a minimum offset from all side and rear lot lines not less than 15 feet in width.
(g)
Plans and specifications to be submitted to the plan commission. To encourage a business environment that is compatible with the residential character of the Town, building permits for permitted uses in the B-2 Business District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, and egress, parking, loading, and unloading, landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to the issuance of a building permit.
(h)
Buffer yard required. Any business use which abuts a residential district shall provide a ten-foot-minimum buffer yard between the business use and the residential district to screen the business activity from the residential environment in such a manner that:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used with such wall or fence to create an attractive view from the residential side. No wall or fence shall be less than four feet nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
(i)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(13)
B-3 Office and Professional Business District. The B-3 Office and Professional Business District is intended for individual or small groups of buildings limited to office, professional and special service uses where the office use would be compatible with other neighborhood uses and not exhibit the intense activity of other business districts.
(a)
Permitted uses.
• | Administrative and public service offices |
• | Banks, savings and loan and other financial institutions |
• | Barbershops and beauty shops |
• | Interior decorators |
• | Medical clinics |
• | Parking lots and structures |
• | Professional offices of an architect, engineer, landscape architect, lawyer, accountant, doctor, Christian science practitioner, dentist, optometrist, clergy or other similarly recognized profession |
• | Real estate and insurance sales offices |
• | Studios for photography, painting, music, sculpture, dance or other recognized fine art. |
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles in conjunction with the operation of the Business.
2.
Off-street parking and loading areas.
3.
Enclosed storage of equipment and materials which is incidental to the office use. Residential quarters for the owner, proprietor, commercial tenant, employee, or caretaker located in the same building as the business, provided an occupancy separation is provided in accordance with Chs. SPS 361 through 366, Wis. Adm. Code.
4.
Satellite dish antennas located on the roof of the principal structure or in rear yard. Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14)
(d)
Lot area and width. Lots shall have a minimum area of 20,000 square feet and be not less than 120 feet in width.
(e)
Building height and area.
1.
No principal building or parts of a principal building shall exceed 60 feet in height. No accessory building shall exceed 15 feet in height.
2.
The sum total of the floor area of the principal building and all accessory buildings shall be not less than 6,000 square feet or 15% of the lot area, whichever is less.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30% of the lot area.
(f)
Setback and yards.
1.
There shall be a minimum building setback of 50 feet from the right-of-way of all streets.
2.
There shall be a minimum offset from all side and rear lot lines not less than 15 feet in width.
(g)
Plans and specifications to be submitted to the plan commission. To encourage a business environment that is compatible with the residential character of the Town, building permits for permitted uses in the B-3 Business District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, and egress, parking, loading, and unloading, landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to the issuance of a building permit.
(h)
Buffer yard required. Any business use which abuts a residential district shall provide a ten-foot-minimum buffer yard between the business use and the residential district to screen the business activity from the residential environment in such a manner that:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height, and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. Any wall or fence shall not be less than four nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
(i)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(14)
M-1 Manufacturing District. The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial and related uses of a limited nature and size, which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the Town as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance or other similar factors.
(a)
Permitted uses. Assembly, processing, manufacturing and storage of the following:
• | Automotive customizing |
• | Automotive upholstery and automotive accessories |
• | Apparel and findings and related products |
• | Automatic temperature controls |
• | Blank books, loose-leaf binders and binding devices |
• | Books: publishing, printing and binding |
• | Brooms and brushes |
• | Candy and confectionery products |
• | Cereal preparations |
• | Cleaning, dressing and dyeing |
• | Commercial bakery |
• | Commercial greenhouses |
• | Costume jewelry, buttons and miscellaneous notions |
• | Curtains and draperies. |
• | Dental equipment and supplies |
• | Dress and work gloves |
• | Electrotyping and stereotyping |
• | Electrical appliances |
• | Electronic devices |
• | Engineering, laboratory, scientific and research instruments and related equipment |
• | Envelopes |
• | Fabric, broad and narrow woven |
• | Felt goods |
• | Flavor extracts and flavor syrups |
• | Floor coverings limited to rugs and carpeting |
• | Food locker plants |
• | Footwear |
• | Fresh or frozen fruits, fruit juices, vegetables and specialties |
• | Glass manufacturing |
• | Greeting cards |
• | Handbags and other personal leather goods |
• | Hats, caps, and millinery |
• | Household furniture and furnishings |
• | Ice |
• | Ice cream and frozen desserts |
• | Jewelry manufacturing |
• | Knit goods |
• | Laboratories |
• | Lace goods |
• | Lampshades |
• | Leather fabrication, not including tanning |
• | Luggage |
• | Macaroni, spaghetti, vermicelli and noodles |
• | Machine shops |
• | Manifold business forms |
• | Manufacturing and bottling of nonalcoholic beverages |
• | Mechanical measuring and controlling instruments |
• | Men's, youth's and boy's furnishings, work clothing and allied garments |
• | Morticians' goods |
• | Musical instruments and parts |
• | Newspapers: publishing and printing |
• | Office furniture |
• | Ophthalmic goods |
• | Optical instruments and lenses |
• | Orthopedic, prosthetic and surgical appliances and supplies |
• | Packaging and assembly of products made from fur |
• | Paper coating and glazing |
• | Partitions, shelving, lockers and office and store fixtures |
• | Pens, pencils and other office and artist materials |
• | Periodicals: publishing and printing |
• | Pharmaceutical processing |
• | Photoengraving instruments and apparatus |
• | Photographic equipment and supplies |
• | Pleating, decorative and novelty stitching and tucking for the trade |
• | Pressed and molded pulp goods |
• | Printing and publishing |
• | Raincoats and other waterproof outer garments |
• | Rice milling |
• | Robes and dressing gowns |
• | Sanitary paper products |
• | Self-service storage facilities (mini warehouses) |
• | Sign and other advertising display manufacturing |
• | Silverware and plated ware |
• | Surgical and medical instruments and apparatus |
• | Textiles, dyeing and finishing |
• | Tire cord and fabric |
• | Toys, amusement, sporting and athletic goods |
• | Typesetting |
• | Umbrellas, parasols and canes |
• | Venetian blinds and shades |
• | Wallpaper |
• | Warehousing |
• | Watches, clocks, clockwork operated devices and parts |
• | Wholesaling |
• | Women's, miss's, junior's, girl's and infant's furnishings, work and dress garments |
• | Wool scouting, worsted combing and towing to top |
• | Yarns and threads |
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles used in conjunction with operation of the business.
2.
Off-street parking and loading areas.
3.
Office, storage, power supply and uses normally auxiliary to principal industrial operation
4.
Residential quarters for owner or caretaker, provided an occupancy separation is provided in accordance with Chs. SPS 361 through 366, Wis. Adm. Code).
5.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
6.
Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14)
(d)
Certain incompatible uses prohibited. The following uses are considered to be incompatible with the residential characteristics of the Town and surrounding area and are herewith prohibited:
1.
Manufacturing, processing or storage of acid, ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives (except as permitted for small arms ammunition in the M-2 District), fertilizer, glue, grease, gypsum, insecticides, lampblack, lime, offal, plaster of paris, poison, pulp, pyroxylin, and radioactive materials.
2.
Storage of flammable gases or liquids and hazardous chemicals in the M-1 District.
3.
Forges, foundries, animal reduction, slaughterhouses, smelters, stockyards, and tanneries.
(e)
Lot area and width. Lots shall have a minimum area of 20,000 square feet and be not less than 120 feet in width.
(f)
Building height and area.
1.
No principal building or parts of a principal building shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.
2.
The sum total of the floor area of the principal building and all accessory buildings shall be not less than 8,000 square feet or 20% of the lot area, whichever is less.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50% of the lot area.
(g)
Setback and yards.
1.
There shall be a minimum building setback of 50 feet from the right-of-way of all streets.
2.
There shall be a minimum offset from all side and rear lot lines not less than 10 feet in width.
(h)
Plans and specifications to be submitted to the plan commission. To encourage a manufacturing and industrial environment that is compatible with the residential character of the Town, building permits for permitted uses in the M-1 Manufacturing District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, and egress, parking, loading, and unloading, landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to the issuance of a building permit.
(i)
Buffer yard required. Any manufacturing or industrial use which abuts a residential district shall provide a twenty-five-foot-minimum buffer yard between the industrial use and residential district to screen the industrial activity from the residential environment in such a manner that:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height, and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. No wall or fence shall be less than four feet nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
(j)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(15)
M-2 General Manufacturing District. The M-2 General Manufacturing District is intended for manufacturing and industrial development of a more general and less restrictive nature than the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility. The M-2 District should not normally abut directly upon residential districts.
(a)
Permitted uses. Those uses permitted in the M-1 Limited Manufacturing District, and:
• | Auto body repair, engine repair |
• | Automobile, marine, and aircraft manufacturing |
• | Automobile wrecking yard |
• | Coating, engraving, and allied services |
• | Construction, mining and materials handling machinery and equipment, manufacturing and repair of |
• | Cutlery, hand tools and general hardware manufacturing |
• | Electric lighting and wiring equipment manufacturing |
• | Electrical industrial apparatus manufacturing |
• | Electrical transmission and distribution equipment manufacturing |
• | Electrometallurgical products manufacturing |
• | Engine and turbine manufacturing |
• | Farm machinery and equipment manufacturing |
• | Fine earthenware, table and kitchen articles manufacturing |
• | Glass and glass container manufacturing |
• | Heating apparatus and plumbing fixtures manufacturing |
• | Household appliance manufacturing |
• | Inflammable gases and liquids storage, not to exceed 50,000 gallons |
• | Metal container manufacturing |
• | Metal products manufacturing, fabricating and distribution |
• | Motorcycle and bicycle manufacturing |
• | Office, computing and accounting machine manufacturing |
• | Small arms ammunition manufacturing |
• | Screw machine products, bolts, nuts, screws, rivets and washer manufacturing |
• | Signaling and fire control equipment manufacturing |
• | Wire products manufacturing |
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles used in conjunction with the operation of the business.
2.
Off-street parking and loading areas.
3.
Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.
4.
Residential quarters for the owner or caretaker, provided that an occupancy separation is provided in accordance with Chs. SPS 361 through 366, Wis. Adm. Code.
5.
Satellite dish antennas located on the roof of the principal structure or in the rear yard.
6.
Roof-mounted solar collectors.
(c)
Conditional uses. See § 17.02(14).
(d)
Certain incompatible uses prohibited. The following uses are considered to be incompatible with the residential characteristics of the Town and surrounding area and are prohibited:
1.
Manufacturing, processing or storage of acid, ammonia, asbestos, asphalt, cement, chlorine, coal tar, creosote, explosives (except as permitted for small arms ammunition), fertilizer, glue, grease, gypsum, insecticides, lampblack, lime, offal, plaster of paris, poison, pulp, pyroxylin and radioactive materials.
2.
Storage of flammable gases or liquids and hazardous chemicals in excess of 50,000 gallons.
3.
Forges, foundries, animal reduction, slaughterhouses, smelters, stockyards, and tanneries.
(e)
Lot area and width. Lots shall have a minimum area of 20,000 square feet and be not less than 120 feet in width.
(f)
Building height and area.
1.
No principal building or parts of a principal building shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.
2.
The sum total of the floor area of the principal building and all accessory buildings shall be not less than 8,000 square feet or 20% of the lot area, whichever is less.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50% of the lot area.
(g)
Setback and yards.
1.
There shall be a minimum building setback of 50 feet from the right-of-way of all streets.
2.
There shall be a minimum offset from all side and rear lot lines not less than 10 feet in width.
(h)
Plans and specifications to be submitted to the plan commission. To encourage a manufacturing and industrial environment that is compatible with the residential character of the Town, building permits for permitted uses in the M-2 Manufacturing District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, and egress, parking, loading, and unloading, landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to issuance of a building permit.
(i)
Buffer yard required. Any manufacturing or industrial use which abuts a residential district shall provide a twenty-five-foot-minimum buffer yard between the industrial use and residential district to screen the industrial activity from the residential environment in such a manner that:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height, and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. Any wall or fence shall not be less than four feet nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
(j)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(16)
M-3 Quarrying District. The M-3 Quarrying District is intended to provide for the orderly continuation of existing quarries and related operations and to provide for new operations that provide maximum protection to the natural environment. This district further provides for the restoration of quarries in a manner that will not deteriorate the natural environment of the Town.
(a)
Permitted uses. None; all uses in the M-3 District are conditional uses.
(b)
Conditional uses. See § 17.02(14)
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the residential side. Any wall or fence shall not be less than four nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.
4.
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
5.
All excavation sites shall be fenced.
(17)
I-1 Institutional District. The I-1 Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.
(a)
Permitted uses.
1.
Churches.
2.
Hospitals, sanatoriums, nursing homes and clinics.
3.
Libraries, community centers, museums and public art galleries.
4.
Public administrative offices and public service buildings, including fire and police stations.
5.
Public or private schools, colleges and universities.
(b)
Permitted accessory uses.
1.
Garages for storage of vehicles used in conjunction with the operation of a permitted use.
2.
Residential quarters for caretakers or clergy, provided occupancy separation is provided per Chs. SPS 361 through 366, Wis. Adm. Code.
3.
Roof-mounted solar collectors.
4.
Satellite dish antennas located on the roof of the principal structure or in rear yard.
5.
Service buildings and facilities normally accessory to the permitted use.
(c)
Conditional uses. See § 17.02(14).
(d)
Lot area and width. Lots shall be a minimum of 20,000 square feet in area and not be less than 120 feet in width.
(e)
Building height and area.
1.
No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height.
2.
Residential uses permitted in the I-1 District shall comply with the building area requirements of the Rs-3 Single-Family Residential District.
(f)
Setback and yards.
1.
There shall be a minimum setback of 50 feet from the street right-of-way.
2.
There shall be a minimum offset from all side and rear lot lines not less than 20 feet in width.
(g)
Plans and specifications to be submitted to Plan Commission. To encourage an institutional use environment that is compatible with the residential character of the Town, building permits for permitted uses in the Institutional District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscaping and open space utilization. Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to the issuance of a building permit.
(h)
Occupancy. All site work shall be completed prior to the issuance of an occupancy permit. A temporary occupancy permit may be issued subject to the deposit of a completion bond in the amount determined by the Building Inspector and approved by the Town Board.
(18)
P-1 Park District. The P-1 Park District is intended to provide for areas where the open space and recreational needs, both public and private, of the citizens of the Town can be met without undue disturbance of natural resources and adjacent uses.
(a)
Permitted uses.
• | Botanical gardens and arboretums |
• | Exhibition halls |
• | Fairgrounds |
• | Golf courses without country club facilities |
• | Historic monuments or sites |
• | Hiking, biking and nature trails |
• | Neighborhood tot lots |
• | Outdoor skating rinks |
• | Parks and playgrounds |
• | Picnicking areas |
• | Playfields or athletic fields |
• | Public art galleries |
• | Sledding, skiing or tobogganing |
• | Swimming beaches |
• | Swimming pools |
• | Tennis courts |
(b)
Permitted accessory uses.
1.
Buildings accessory to the permitted use.
2.
Roof-mounted solar collectors.
3.
Satellite dish antennas located on the roof of the principal structure or in rear yard.
(c)
Conditional uses. See § 17.02(14).
(d)
Building height. No building or part of a building shall exceed 45 feet in height. No accessory building shall exceed 15 feet in height.
(e)
Yards. No building or structure shall be erected, altered, or moved closer than 20 feet to a lot line.
(f)
Plans and specifications to be submitted to plan commission. To encourage a recreational use environment compatible with the residential character of the Town, building permits for permitted uses in the Park District shall not be issued without review and approval of the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans. Municipally owned facilities shall be exempt from site plan review.
Building plans shall be prepared by a registered architect or engineer and are subject to SPS approval prior to the issuance of a building permit.
(19)
C-1 Conservancy District. The C-1 District is intended to preserve, protect and enhance the ponds, streams and wetland areas of the Town. Preservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff, protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use and protect the water-based recreation resources of the Town.
(a)
Permitted uses.
1.
Hiking, fishing, trapping, swimming and boating, unless otherwise prohibited.
2.
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops and does not involve filling, flooding, draining, dredging, ditching, tiling or excavating.
3.
Silviculture, including the planting, thinning and harvesting of timber, provided no filling, flooding, draining, dredging, ditching, tiling or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.
4.
Construction and maintenance of fences.
5.
Existing agricultural uses that do not involve extension of cultivated areas, extension of or creation of new drainage systems and do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
6.
Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.
7.
The construction and maintenance of piers, docks and walkways, including those built on pilings.
8.
The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.
(b)
Conditional uses. See § 17.02(14).
(20)
(Reserved)[2]
[2]
Editor's Note: Original Subsection (20), PUD Planned Unit Development Overlay District, was repealed 8-5-2014.
(21)
MU-1 Mixed-Use District. The Mixed-Use District is intended to encourage mixed-use development that promotes a range of compatible land uses through appropriate site design. Development is allowed at a higher density than other zoning districts in the Town. The District provides for coordinated development of a variety of uses, such as office, commercial, institutional and residential, and their necessary support functions in the vicinity of key highway intersection and transit corridors. The District is designed to facilitate lively, people-oriented environments that offer a variety of activities that have peak use times throughout the day in order to efficiently utilize infrastructure and keep the area continuously active. The uses may be located in the same building or in separate buildings. The intent is to encourage efficient land use by facilitating compact development and by minimizing the amount of land needed for surface parking.
(a)
Permitted uses.
1.
All permitted uses under the B-1 Neighborhood Business District [§ 17.04(11)(a)].
2.
All permitted uses under the B-2 Limited General Business District [§ 17.04(12)(a)].
3.
All permitted uses under the B-3 Office and Professional Business District [§ 17.04(13)(a)].
4.
Residential dwelling unit structures having a density of up to 7.3 units per acre.
5.
Group homes with capacity to accommodate 15 or fewer individuals.
6.
Storage warehouses are prohibited in the MU Mixed-Use District.
(b)
Permitted accessory uses.
1.
Garages used for storage of vehicles used in conjunction with the operation of businesses.
2.
Off-street parking and loading areas, including structured parking.
3.
Satellite dish antennas located on the roof of a structure or in the rear yard.
4.
Roof-mounted solar collectors.
5.
Attached private garages for residential use.
6.
Gardening, tool, and storage sheds incidental to residential uses.
7.
Home occupations and professional home offices.
(c)
Conditional uses [integrate with § 17.02(14)(b)].
1.
Residential occupancy of dwelling unit structures with a density of up to 14 units per acre.
2.
Governmental and cultural uses, as described in § 17.02(14)(b)2b.
3.
Utility substations, as described in § 17.02(14)(b)2c.
4.
Public passenger transportation terminals, as described in§ 17.02(14)(b)2d.
5.
Schools, as described in § 17.02(14)(b)2e.
6.
Community living arrangements for over 15 persons, as described in § 17.02(14)(b)3b.
7.
Rest homes and nursing homes.
8.
Drive-in banks, as described in § 17.02(14)(b)4c.
9.
Drive-through restaurants, as described in § 17.02(14)(b)4d.
10.
Gasoline service stations, as described in § 17.02(14)(b)4f.
11.
Transmitting towers, as described in § 17.02(14)(b)4g.
12.
Detached private garages.
13.
Attached private garages for nonresidential use (other than permitted loading facilities).
(d)
Lot area and width. Lots shall have a minimum area of 20,000 square feet and shall not be less than 120 feet in width.
(e)
Building height and area.
1.
No building shall exceed 100 feet in height. This does not include rooftop mechanicals or HVAC systems and any screening of such systems.
2.
Multi-story structures are strongly encouraged to achieve the actual and apparent densities believed necessary to promote a lively, people-oriented environment. Achieving those dynamics is also possible with creative site design, including courts, outdoor dining areas, etcetera. Fake multistory facades are discouraged.
3.
The sum total of the floor area of the principal building and all accessory buildings shall not be less than 50% of the lot area.
4.
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 400% of the lot area. Parking structures shall not be included in the calculation.
5.
Fifteen percent of the lot shall remain usable open space. "Usable open space" means that part of a lot which is unoccupied by driveways, drive aisles, service drives, off-street parking spaces and/or loading berths, principal buildings or accessory buildings, and is unobstructed to the sky. This space shall be available to all occupants of the development and shall be usable for greenery, recreational space and other leisure activities normally carried on outdoors. Balconies and roof areas, designed and improved for outdoor activities, may also be considered as usable open space. Ground level spaces for this purpose may include open terraces (including outdoor dining areas) plazas or courtyards, but may not include a permanently roofed-over terrace or porch. An open space credit of up to 7.5% is available for building designs utilizing of vegetated roof strategies.
6.
A creative use of green building strategies are strongly encouraged in both the building and site design, including green roofs, rain gardens and solar design.
7.
Structured parking is strongly encouraged.
(f)
Exceptions to height and area limits.
1.
The Town Board may grant exceptions to § 17.04(21)(e)1 and § 17.04(21)(e)4, above. Exceptions are subject to the standards and approval process described in § 17.04(21)(f)2a and b, below. The exception shall not exceed two floors (30 feet) in height and shall not add more than an additional 100% of the lot area to the square footage of the proposed building or buildings.
2.
The following standards must be met before the Plan Commission and Town Board may consider granting an exception to height and area limits:
a.
Exceptions shall not be granted to single-use buildings, such as buildings that only contain office uses. Goods and services that are only available to tenants and/or guests of a building shall not be considered separate from the main use, such as an office cafeteria or a condominium exercise facility.
b.
If office uses are included in the project the developer must submit a workable and binding Transportation Demand Management (TDM) plan that will result in at least a 15% reduction in car traffic to the proposed office uses through implementation of such things as carpooling, transit, shared ride programs, paid parking, etc.
c.
If residential units are included in the project, the Town may require the inclusion of affordable units for people making less than 80% of the county median income for a family size appropriate to unit. The inclusion of affordable units shall weigh into the decision regarding any exceptions to height or area limits, should they be requested by the developer. Affordable unit size and finish shall be roughly comparable to equivalent market-rate units. The mix of affordable unit layouts (studio, one-bedroom, two-bedroom, three-bedroom) shall be at a ratio comparable to the market-rate unit layouts.
3.
An applicant may, at their discretion, request feedback from the Plan Commission and Town Board under § 17.02(7)(a), Conceptual approval, on the potential for granting an exception. Favorable feedback regarding the potential of an exception by the Plan Commission and/or the Town Board does not grant any rights to the developer or property, and shall not be interpreted as guaranteeing final approval to an exception. A request for an exception shall be made as part of the plan review process under section § 17.04(21)(h). The Plan Commission shall forward its recommendation for approval or denial of the request, with accompanying reasons for approval or denial, to the Town Board. Following Plan Commission review, consideration of the request shall be placed upon the next Town Board meeting agenda, and shall be acted upon by the Town Board at said meeting.
(g)
Setback and yards.
1.
There shall be a minimum building setback of 12 feet from the right-of-way of all streets.
2.
There shall be a maximum building setback of 70 feet from the right-of-way of all streets.
3.
Buildings that abut a residential district shall be set back a distance that is greater than 50% of their height. If a building steps back, such that floors terminate at different heights, each level shall be treated as a separate building for the purposes of measuring the appropriate setback in relation to height. All buildings and accessory structures shall have a minimum setback of 20 feet from adjoining residential parcels.
(h)
Plans and specifications to be submitted to the Plan Commission. To encourage a mixed-use environment that is pedestrian-oriented and well-integrated with its surroundings, building permits for permitted uses in the MU Mixed-Use District shall not be issued without review and approval of the development plans, and a proposed Plan of operation, by the Plan Commission. Such review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization, building design and materials, and pedestrian and bicycle facilities and mobility. Building plans shall be prepared by a registered architect or engineer and are subject to Wisconsin Department of Commerce (COMM) approval prior to the issuance of a building permit. Buildings and site plans for areas within the MU Mixed-Use District shall comply with the standards in § 17.04(21)(e), in addition to the standards contained in § 17.02(6) of this chapter. In the event that any standards are found contradictory between those two sections, § 17.04(21)(e) shall govern. Projects proposed for the area included in the Redevelopment Plan for the Bluemound Road Corridor, adopted on July 1, 2008 by the Town Board, shall comply with the provisions in that plan. These standards identify the desired height, density and design characteristics of redevelopment projects within this area. The Planning Commission will review and approve all zoning and land use applications, as necessary, for compliance with this chapter and the Redevelopment Plan referenced above. In addition to the standards contained in § 17.02(6) of this chapter, site plans in this district will be reviewed for compliance with the design standards below. In cases where standards identified within the Bluemound Road Corridor Redevelopment Plan are more stringent than this chapter, the plan shall supersede the minimum requirements established by this chapter.
1.
Building orientation and access.
a.
Principal buildings within the district shall be oriented toward streets, courtyards or plazas so as to promote a pedestrian-oriented environment. Site design shall accommodate access by auto and pedestrian traffic. Broad parking fields between the building and streets are discouraged.
b.
The design shall utilize a variety of compatible exterior materials, building styles, massing, composition, articulations, and/or prominent architectural features. The street-facing portion of an interior oriented building cannot be built as a solid wall facing the street.
c.
Development that includes a commercial component shall have:
i.
Storefront windows that provide transparency to the building at the pedestrian level. The design shall provide a traditional urban retail streetscape aesthetic. Glass is to be clear or tinted, not reflective.
ii.
A prominent location relative to the existing commercial uses located in the surrounding area in order to provide a continuity of the commercial presence in the community.
iii.
Direct and visible access noticeable from the street to uses (residential or commercial) located above ground level.
iv.
Built-in flexibility so as to allow conversion from one commercial use to another and to ensure that commercial space that is adequate for retail is also adequate for a variety of other uses.
v.
Food and drink establishments are encouraged to incorporate outdoor dining opportunities into their plans.
d.
Single-use residential buildings shall be situated so as to not disrupt the continuity of a commercial district or corridor.
2.
Pedestrian-oriented design.
a.
Development should be connected to adjacent development with direct, convenient and attractive sidewalks and/or pathways.
b.
Development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g., attractive sidewalks and benches).
c.
Outdoor seating for restaurants is encouraged, and may extend into rights-of-way or access easements of streets or public ways if a minimum sidewalk clearance and/or distance to curbline of five feet is maintained.
d.
Development should incorporate the following criteria listed below, as appropriate:
i.
Main building entrances that open directly to the outside;
ii.
A variety of paving colors and textures to encourage way-finding throughout the site;
iii.
At least one entrance per building that does not require passage through a parking lot or garage to gain access to the building;
iv.
Corner buildings shall have corner entrances whenever possible;
v.
Sidewalks and/or plazas with weather protection (e.g., awnings/canopies) and appropriate pedestrian amenities (e.g., street tree grates, outdoor seating, trash cans, mailboxes, sidewalk displays, public art, etc.).
vi.
Streets and drive-aisles with traffic calming elements such as bulbouts and raised or textured pedestrian crosswalks.
3.
Parking, loading and access. Development within mixed-use districts shall follow § 17.06 of these ordinances. The design of parking in mixed-use districts shall be subject to the following additional standards.
a.
Minimum parking standards in § 17.06(3)(h) may be waived by the Plan Commission if the applicant provides a shared parking plan that complies with the criteria below. The amount of parking spaces required shall be based on shared parking criteria, listed below, that is met by the proposed project. In no case shall minimum parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the development.
i.
Parking spaces proposed for shared parking arrangements shall be within a reasonable distance of all uses they are to serve.
ii.
The applicant shall submit sufficient data to indicate that the peak hours of operation of uses or activities proposed for shared parking arrangements do not substantially coincide or overlap with each other.
iii.
Transit alternatives are available as part of the development or within 1,000 feet of the development's boundary.
iv.
No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.
v.
If more than one parcel is involved, the property owner(s) involved in the shared use of off-street parking facilities shall submit a legal agreement approved by the Town Attorney as to form and content guaranteeing that said required parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this article. Such instrument, when approved as conforming to the provisions of this section, shall be recorded by the property owner in the office of the Waukesha County Register of Deeds and a copy thereof filed with the Zoning Administrator.
b.
Shared access/cross-access shall be provided wherever possible. Within existing and planned retail centers and adjacent properties, provision to preserve future shared access is required if not provided immediately. Easements are required to provide and preserve shared access and shall be recorded in the office of the Waukesha County Register of Deeds.
c.
If surface parking is located to the side of a building, the parking shall be screened by a decorative fence or hedge.
d.
Facilities to lock bicycles shall be provided for each building larger than 5,000 square feet. A structured/covered parking area for bicycles shall be provided if structured parking is provided for automobiles.
4.
Open space. Developments should provide usable open space, enhance the vitality of existing commercial activity, and recognize and respond appropriately to adjacent existing or planned public spaces (e.g., civic buildings, sidewalks, plazas, and similar spaces.) A shared and interconnected open space network is encouraged between developments to avoid small, unconnected spaces that have the potential of being underutilized. Shared and interconnected spaces could be in the form of pedestrian ways (galleries), courts or plazas.
(i)
Buffer yard required. A minimum twenty-foot buffer yard is required between structures within the MU district and adjoining residential districts to screen activities. Buffer yards shall meet the following requirements:
1.
If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height and contain sufficient plant species so as to provide dense visual screening within two years and during all seasons of the year.
2.
Where architectural walls or fences are used, sufficient landscaping shall be used with such wall or fence to create an attractive view from the residential side. No wall or fence shall be less than four feet, nor more than six feet in height.
3.
Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare. The screening requirement shall be effective prior to occupancy.
4.
All landscaping shall be maintained by the property owner or operator to the satisfaction of the Plan Commission.
