(a)

Districts. For the purpose of this article, the village is divided into nine basic use districts and three overlay districts as follows:

(1)

R-1 Single-Family Residential District.

(2)

R-2 Two-Family Residential District.

(3)

R-3 Multiple-Family Residential District.

(4)

B-1 Community Business District.

(5)

M-1 Industrial District.

(6)

M-2 Light Industrial and Warehousing District.

(7)

M-2A Light Industrial and Warehousing District.

(8)

M-3 Heavy Industrial District.

(9)

C-1 Conservancy District.

(10)

FWO Floodway Overlay District.

(11)

FFO Floodplain Fringe Overlay District.

(12)

PUD Planned Unit Development Overlay District.

(13)

Institutional and Governmental District.

(b)

District boundaries.

(1)

Zoning map. Boundaries of these districts are established as shown on the maps entitled "Zoning Map, Village of Butler, Wisconsin," dated October 1, 2008, and "Supplementary Floodland Zoning Map, Village of Butler, Wisconsin," dated October 1, 2008, which maps accompany and are herein made a part of this article. All notations and references shown on the maps are as much a part of this article as though specifically described herein. This article incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the village board.

(2)

District boundary lines. The district boundaries in all districts, except the C-1 Conservancy District, the FWO Floodway Overlay District, and the FFO Floodplain Fringe Overlay District, shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended.

(3)

Floodway overlay district. Boundaries of the FWO Floodway Overlay District shall be determined by use of the scale contained on the supplementary floodland zoning map. The boundaries of the FFO Floodplain Fringe Overlay District shall be determined by the floodland limits shown on the supplementary floodland zoning map. The flood stages, under floodway conditions, contained on the Supplementary Floodland zoning map were developed from technical data contained in the flood insurance study published by the U.S. Department of Housing and Urban Development, Federal Insurance Administration (FIA) and dated October 1, 2008. The information contained in the flood insurance study is further illustrated in FIA floodway and flood boundary map and flood insurance rate map, both maps dated October 1, 2008. Where a conflict exists between the floodland limits as shown on the supplementary floodland zoning map and actual field conditions, the elevations from the 100-year recurrence interval flood profile shall be the governing factor in locating the regulatory floodland limits.

(4)

Conservancy district boundaries. Boundaries of the C-1 Conservancy District were based on the state wetland inventory maps for the village, dated October 1, 2008, and stamped "final", and include, but are not limited to, all shoreland wetlands, five acres or greater in area shown on those maps.

(5)

Street vacations. 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.

(6)

Annexations. Annexations to or consolidations with the village subsequent to the effective date of this article shall be placed in the R-1 Single-Family Residential District, unless the annexation ordinance temporarily places the land in another district. Within one year, the village plan commission shall evaluate and recommend a permanent classification to the village board. Annexations containing floodlands and shorelands shall be governed in the following manner:

a.

Annexations containing floodlands shall be governed by the provisions of the county shoreland and floodplain protection ordinance until such time that the state department of natural resources certifies that amendments to this chapter meet the requirements of Wis. Admin. Code ch. NR 116.

b.

Annexations containing shorelands. Pursuant to section Wis. Stats. § 59.692, any annexation of land after May 7, 1982, which lies within shorelands, as defined in this article, shall be governed by the provisions of the county shoreland and floodplain protection ordinance until such time that the village adopts an ordinance which is at least as restrictive as the county shoreland and floodplain protection ordinance. The regulations shall be administered and enforced by the village building inspector.

(Code 2003, § 13-1-40; 24-05, § 1, 3-19-2024)

(a)

A certified copy of the zoning map, designated in section 54-63(b), together with the supplementary floodland zoning map, shall be adopted and approved with the text as part of this article and shall bear upon its face the attestation of the village president and village administrator-clerk and shall be available to the public in the office of the village administrator-clerk.

(b)

Changes to the zoning map: Any proposed, petitioned, or applied for changes to the zoning map shall follow the process set out in section 54-685 of this chapter, the public hearing requirements set out in section 54-654 of this chapter, and provide notice of the proposed, petitioned, or applied for changes to the zoning map, to the owners or occupants of the properties lying within the Village of Butler and 300 feet outward from the exterior boundary of the area of the proposed change.

(Code 2003, § 13-1-41; Ord. No. 24-04, § I, 2-20-2024)

(a)

Purpose. The R-1 residential district is intended to provide for high-quality residential development at a maximum density of 4.4 units per acre, with provision of municipal sewer and water facilities.

(b)

Permitted uses.

(1)

Single-family dwellings with an attached garage.

(2)

Community living arrangements which have a capacity of eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses.

(1)

Accessory uses as specified in section 54-35(c) and article XIII of this chapter, except detached garages and carports.

(2)

Home occupations and professional home offices.

(3)

Farmer's market (see division 3 of chapter 8).

(d)

Conditional uses.

(1)

See sections 54-354, 54-355 and 54-356.

(2)

Dog kennels per section 6-277.

(e)

Lot area and width. Lots shall be a minimum of 10,000 square feet in area and shall be not less than 80 feet in width at the building setback line.

(f)

Building height and area. No building or parts of a building shall exceed 30 feet in height. The minimum floor area shall be 1,200 square feet.

(g)

Setback and yards.

(1)

Minimum building setback of 30 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than 12 feet in width.

(3)

There shall be a rear yard of not less than 30 feet.

(Code 2003, § 13-1-42; Ord. No. 10-06, § 1, 4-20-2010)

(a)

Purpose. The R-2 residential district is intended to provide for high-quality residential development at maximum densities of 12.1 units per acre, with provision of municipal sewer and water facilities.

(b)

Permitted uses.

(1)

One- and two-family dwellings.

(2)

Community living arrangements which have a capacity of eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7).

(3)

Foster family homes.

(4)

Family day care homes.

(5)

Essential services.

(c)

Permitted accessory uses.

(1)

Private garages, carports, and other accessory uses as specified in section 54-35(3) and article XIII of this chapter.

(2)

Home occupations and professional home offices.

(3)

Farmer's market (see division 3 of chapter 8).

(d)

Conditional uses.

(1)

See sections 54-354, 54-355 and 54-356.

(2)

Dog kennels per section 6-227.

(e)

Lot area and width.

(1)

Lots intended for single-family residences shall have a minimum area of 4,800 square feet and shall be not less than 40 feet in width at the building setback line.

(2)

Lots intended for two-family residences shall have a minimum area of 7,200 square feet and shall be not less than 60 feet in width at the building setback line.

(f)

Building height and area. No building or parts of a building shall exceed 30 feet or two stories in height, whichever is less. The total minimum floor area per dwelling unit shall be 1,000 square feet, with a minimum first floor area of 800 square feet.

(g)

Setback and yards.

(1)

A minimum building setback of 25 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than six feet in width.

(3)

There shall be a rear yard of not less than 30 feet.

(Code 2003, § 13-1-43; Ord. No. 10-06, § 1, 4-20-2010)

(a)

Purpose. The R-3 residential district is intended to provide for high-quality residential development at a maximum density of 14.5 units per acre, with provision of municipal sewer and water facilities.

(b)

Permitted uses.

(1)

One- and two-family dwellings.

(2)

Multiple-family dwellings not to exceed eight units per structure.

(3)

Community living arrangements which have a capacity of 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7).

(4)

Foster family homes.

(5)

Family day care homes.

(6)

Essential services.

(c)

Permitted accessory uses.

(1)

Private garages, carports and other accessory uses as specified in section 54-35(3) and article XIII of this chapter.

(2)

Home occupations and professional home offices.

(3)

Farmer's market (see division 3 of chapter 8).

(d)

Conditional uses. See sections 54-354, 54-355 and 54-356.

(e)

Lot area and width. Lots shall be a minimum of 15,000 square feet in area with not less than 3,000 square feet per dwelling unit. Lots shall be not less than 120 feet in width at the building setback line.

(f)

Building height and area. No building or parts of a building shall exceed 30 feet or two stories in height, whichever is less. The minimum first floor area of a principal structure shall be 800 square feet and no dwelling unit shall have less than 500 square feet in area.

(g)

Setback and yards.

(1)

A minimum building setback of 30 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than 15 feet in width.

(3)

There shall be a rear yard of not less than 25 feet.

(Code 2003, § 13-1-44; Ord. No. 10-06, § 1, 4-20-2010)

(a)

Purpose. The B-1 business district is intended to provide for the orderly and attractive grouping, at convenient locations, of retail stores, shops, offices, and establishments serving the daily needs of the community.

(b)

Permitted uses. The following retail sales and service facilities are permitted:

(1)

Appliances stores.

(2)

Automotive supplies.

(3)

Bakeries.

(4)

Barbershops.

(5)

Bars and taverns.

(6)

Beauty shops.

(7)

Bowling alleys.

(8)

Business offices.

(9)

Caterers.

(10)

Clothing stores.

(11)

Clubs.

(12)

Cocktail lounges.

(13)

Confectioneries.

(14)

Crockery stores.

(15)

Delicatessens.

(16)

Department stores.

(17)

Drugstores.

(18)

Electrical supply.

(19)

Financial institutions.

(20)

Florists.

(21)

Fraternities.

(22)

Furniture stores.

(23)

Gift stores.

(24)

Grocery stores.

(25)

Hardware stores.

(26)

Heating supply shops.

(27)

Hobby shops.

(28)

Hotels.

(29)

Laundry and dry-cleaning establishments employing not more than seven persons.

(30)

Lawn and garden supply shops.

(31)

Liquor stores.

(32)

Meat markets.

(33)

Music stores.

(34)

Newspaper offices.

(35)

Office supplies.

(36)

Optical stores.

(37)

Packaged beverage stores.

(38)

Pet shops.

(39)

Photographic supply shops.

(40)

Plumbing supply shops.

(41)

Professional offices.

(42)

Radio broadcasting studios.

(43)

Restaurants.

(44)

Self-service laundry and dry cleaning establishments.

(45)

Soda fountains.

(46)

Sporting good shops.

(47)

Supermarkets.

(48)

Television broadcasting studios.

(49)

Trade and contractors' offices.

(50)

Upholsterer's shops.

(c)

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of a business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner or proprietor, or rental apartments on a nonground floor level, provided that there shall be a minimum floor area of 300 square feet for an efficiency apartment, 420 square feet for a one-bedroom apartment, and 500 square feet for a two-bedroom apartment.

(d)

Conditional uses. See sections 54-355, 54-357 and 54-359.

(e)

Lot area and width. Lots shall have a minimum of 4,800 square feet in area and shall be not less than 40 feet in width at the building setback line.

(f)

Building height. No building or parts of a building shall exceed 45 feet in height.

(g)

Setback and yards.

(1)

No minimum setback shall be required.

(2)

No minimum side yard shall be required. However, where a business district abuts a residential district, a side yard of not less than ten feet shall be required at the district boundary line.

(3)

There shall be a rear yard of not less than 25 feet.

(Code 2003, § 13-1-45; 24-05, § 1, 3-19-2024)

(a)

Purpose. The M-1 Industrial District is intended to provide for the orderly development of manufacturing or industrial operations, which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the village as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other similar factors; and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect.

(b)

Permitted uses.

(1)

Automotive mechanical and body repair shops.

(2)

Automotive upholstery shops.

(3)

Cleaning, pressing and dyeing operations.

(4)

Commercial bakeries.

(5)

Commercial greenhouses.

(6)

Contractor's offices, display rooms and shops.

(7)

Cosmetic manufacturing.

(8)

Distributors.

(9)

Electrical appliances manufacturing.

(10)

Electronic devices manufacturing.

(11)

Food processing, except cabbage.

(12)

Food locker plants.

(13)

Glass manufacturing.

(14)

Instrument manufacturing.

(15)

Jewelry manufacturing.

(16)

Laboratories.

(17)

Leather fabrication, not including tanning.

(18)

Machinery sales, display and repair.

(19)

Machine shops.

(20)

Manufacture and bottling of non-alcoholic beverages.

(21)

Office buildings.

(22)

Packaging and assembly of products made from fur.

(23)

Packaging and packing of confections.

(24)

Painting.

(25)

Printing and publishing.

(26)

Pharmaceuticals processing.

(27)

Self-service storage facilities (mini-warehouses).

(28)

Tobacco and toiletries.

(29)

Storage and sale of machinery and equipment.

(30)

Warehousing.

(31)

Wholesaling.

(c)

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of an industry.

(2)

Retail sales incidental to permitted uses.

(3)

Off-street parking and loading areas.

(4)

Offices, storage, power supply, and other uses customarily auxiliary to the permitted industrial operation.

(d)

Conditional uses. See sections 54-355, 54-357(5) and 54-358.

(e)

Lot area and width. Lots shall be a minimum of 4,800 square feet in area and shall be not less and 40 feet in width at the building setback line.

(f)

Building height and area. No building or parts of a building shall exceed 45 feet in height.

(g)

Setbacks and yards.

(1)

A minimum building setback of 12 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than five feet in width.

(3)

No minimum rear yard setback is required unless the rear yard of the property adjoins a residential zoning district. If the rear yard adjoins a residential property, the setback required shall be 30 feet.

(Code 2003, § 13-1-46)

(a)

Purpose. The M-2 industrial district is intended to provide for light manufacturing and warehousing operations of moderate intensity. Industries locating in the M-2 district are envisioned to have fewer employees and lesser land needs than heavy industrial districts while not being tightly constrained by the limited land availability of the older M-1 district.

(b)

Permitted uses. All M-1 industrial district permitted uses and inside storage.

(c)

Permitted accessory uses. Any accessory use permitted in the M-1 industrial district.

(d)

Conditional uses. See sections 54-355, 54-357(5), 54-358 and 54-359.

(e)

Lot area and width. Lots shall have a minimum of 15,000 square feet in area and shall be not less than 90 feet in width at the building setback line.

(f)

Building height. No building or parts of a building shall exceed 45 feet in height.

(g)

Setback and yards.

(1)

A building setback of 25 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than eight feet in width.

(3)

There shall be a rear yard of not less than 25 feet.

(Code 2003, § 13-1-47)

(a)

Purpose. The M-2A light industrial district is intended to provide for the optimal utilization of land for manufacturing/warehousing operation. Industry located in the M-2A district is envisioned to have minimal activities which occur outside of an enclosed facility.

(b)

Permitted uses. All M-1 industrial district permitted uses and inside storage.

(c)

Permitted accessory uses. Any accessory use permitted in the M-1 industrial district.

(d)

Conditional use. See sections 54-355, 54-357(5), 54-358 and 54-359.

(e)

Lot area and width. Lots shall have a minimum of 15,000 square feet in area and shall be not less than 90 feet in width at the building setback line.

(f)

Building height. No building or parts of a building shall exceed 45 feet in height.

(g)

Setback and yards.

(1)

A building setback of 25 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than eight feet in width.

(3)

There shall be a rear yard of not less than eight feet.

(Code 2003, § 13-1-48)

(a)

Purpose. The M-3 industrial district is intended to provide for the same type of manufacturing and industrial development as in the M-1 and M-2 industrial districts, but in those areas where the relationships to surrounding land would create fewer problems of compatibility. The M-3 industrial district also regulates those activities generally perceived as being of a nuisance nature or considered to be hazardous to human life. Such districts should not normally abut directly upon residential districts.

(b)

Permitted uses. All M-1 and M-2 industrial district permitted uses.

(c)

Permitted accessory uses. Any accessory use permitted in the M-1 or M-2 industrial district.

(d)

Conditional uses. See sections 54-355, 54-357(5), 54-358 and 54-359.

(e)

Lot area and width. Lots shall have a minimum of 40,000 square feet in area and shall be not less than 150 feet in width at the building setback line.

(f)

Building height. No building or parts of a building shall exceed 60 feet in height.

(g)

Setback and yards.

(1)

A minimum building setback of 50 feet from the street right-of-way shall be required.

(2)

There shall be a side yard on each side of all buildings not less than 15 feet in width.

(3)

There shall be a rear yard of not less than 30 feet.

(Code 2003, § 13-1-49)

(a)

Purpose. The C-1 Wetland Conservancy District is intended to preserve, protect, and enhance the ponds, streams, and wetland areas of the village. The 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 village.

(b)

Area. The C-1 Wetland Conservancy District, as shown on the zoning map, includes, but is not limited to, all wetlands within the shoreland, as defined in this article; in the village that are five acres or larger in area. The boundaries were determined from use of the state wetland inventory map for the village, dated October 1, 2008, and stamped, "final."

(c)

Permitted uses.

(1)

Hiking, fishing, swimming and boating, unless prohibited by other laws and ordinances.

(2)

Harvesting of wild crops, such as march 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 that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.

(3)

Silviculture, including the planting, thinning, and harvesting of timber, provided that 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)

Agricultural crops and grazing, provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.

(6)

Ditching, filing, 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.

(d)

Conditional uses. See section 54-359(b).

(e)

Prohibited uses.

(1)

Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 district lands are first rezoned into another district.

(2)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary highwater mark of any navigable water are prohibited.

(Code 2003, § 13-1-50)

(a)

Purpose.

(1)

The FWO Floodway Overlay District is intended to be used to protect people and property from flood damage by prohibiting the erection of structures that would impede the flow of water during periodic flooding. Permitting use of the floodway would increase damages in the broader floodplain by increasing flood stages. In delineating the FWO district, the effects of development within the associated flood fringe shall be computed. No increase in flood stage shall be permitted that is equal to or greater than 0.01 foot unless the village has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase, and until all such affected units of government have amended their water surface profiles and floodland zoning maps to reflect the increased flood elevations. No floodway overlay district changes shall be permitted where the cumulative effect of changes increase flood stages by more than one foot. In addition to floodways delineated by detailed engineering methods, any "unnumbered A-Zones" which appear on the village's flood insurance rate map shall be placed in the FWO Floodway Overlay District.

(2)

Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic underlying zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

(b)

Permitted uses.

(1)

Drainage.

(2)

Movement of floodwater.

(3)

Navigation.

(4)

Stream bank protection.

(5)

Water measurement and control facilities.

(6)

Any of the following uses are permitted, provided that they are permitted uses in the underlying basic use district, and further provided that such use shall not involve the erecting or placing of a structure.

a.

Grazing.

b.

Horticulture.

c.

Open parking and loading areas, provided that such uses shall not be subject to inundation depths greater than two feet or flood velocities greater than two feet per second.

d.

Open markets.

e.

Open recreational uses, such as parks, sport fields, beaches, bathing, hunting, fishing, rinks, golf courses and driving ranges.

f.

Outdoor plant nurseries.

g.

Pasturing.

h.

Sod farms.

i.

Truck farming.

j.

Utility poles, towers, and underground conduit for transmitting electricity, telephone, cable television, natural gas, and similar products and services.

k.

Viticulture (grape growing).

l.

Wildlife preserves.

(c)

Conditional uses. See section 54-360.

(d)

Dumping and filling prohibited. Lands lying within the floodway overlay district shall not be used for dumping or be filled except as authorized to permit establishment of approved bulkhead lines or to accommodate bridge approaches. Normal earth grading activities to permit utilization of the lands for open space, outdoor recreation, yard, parking, and similar uses are permitted.

(e)

Dangerous materials storage prohibited. Lands lying within the floodway overlay district shall not be used for the storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, or plant life.

(f)

Incompatible use prohibited. Lands lying within the floodway overlay district shall not be used for any solid waste disposal site or on-site soil absorption sanitary sewerage system site, or the construction of any well which is used to obtain water for ultimate human consumption. Sewage treatment plants and treatment ponds shall not be constructed in the floodway overlay district.

(g)

Maintenance of drainageways. No development in the floodway overlay district shall adversely affect the channels, floodways, or shorelands of the Menomonee River, any tributary thereto, drainage ditches, or other lands lying outside the floodlands.

(h)

Manufactured homes prohibited. No manufactured home or manufactured home park shall be placed on or moved onto lands lying in the floodplain fringe overlay district.

(Code 2003, § 13-1-51)

(a)

Purpose.

(1)

The FFO Floodplain Fringe Overlay District is intended to provide for and encourage the most appropriate use of land and water in areas subject to periodic flooding and to minimize flood damage to people and property.

(2)

Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic underlying zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

(b)

Permitted uses. Any use of land, except development involving structures, that is permitted in the underlying basic use district. Examples of such use would be croplands in an agricultural district; required yards in a residential district; or parking or loading areas in a commercial or industrial district, provided that inundation depths for parking and loading areas do not exceed two feet or that the areas are not subject to flood velocities greater than two feet per second upon the occurrence of a 100 year recurrence interval flood.

(c)

Conditional use. See section 54-360.

(d)

Incompatible use prohibited. Land lying within the floodplain fringe overlay district shall not be used for any solid waste disposal site, on-site soil absorption sanitary sewage system site, or the construction of any well which is used to obtain water for ultimate human consumption.

(e)

Maintenance of drainageways. No filling or development in the FFO Floodplain Fringe Overlay District shall adversely affect the channels, floodways, or shorelands of the Menomonee River, any tributary thereto, drainage ditches, or other lands lying outside the floodlands.

(f)

Manufactured homes prohibited. No mobile home, manufactured home, mobile home park, or trailer camp shall be placed or moved onto lands lying in the floodplain fringe overlay district.

(Code 2003, § 13-1-52)

(a)

Purpose. The I-1 institutional and governmental zoning district is intended to be applied to areas of the Village that are under public or institutional ownership and the public or institutional use of such property is anticipated to be permanent and for areas of the Village that are owned and operated by publicly regulated utilities.

(b)

Permitted uses.

(1)

Public administrative offices, including fire and police stations.

(2)

Churches, synagogues, or other religious buildings.

(3)

Libraries, museums, and community centers.

(4)

Public, private, or parochial schools.

(5)

Public parks.

(6)

Public utility offices and substations.

(7)

Hospitals and medical clinics.

(c)

Permitted accessory uses.

(1)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(2)

Residential quarters for clergy.

(3)

Service buildings and facilities normally accessory to permitted uses or used to support a permitted use.

(d)

Lot area and width. Lots shall be a minimum of 9,500 sq. ft. in area and shall not be less that 60 feet in width at the building setback line.

(e)

Building height and area. No building or parts of a building shall exceed 35 feet in height. The minimum floor area shall be 3,000 sq. ft.

(f)

Setbacks and yards.

(1)

A minimum building setback of 30 feet from the street right-of-way.

(2)

A minimum side yard shall be equal to the side yard on adjacent use parcels or districts

(3)

A minimum rear yard shall be equal to the rear yard on adjacent use parcels or districts

(Ord. No. 24-05, § V, 3-19-2024)

(a)

Intent. The PUD Planned Unit Development Overlay District is intended to permit developments that will, over a period of time, tend to promote the maximum benefit from coordinated area site planning and diversified location of structures and which may include mixing of compatible uses. Such developments are intended, to the extent applicable, to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. Where a development will promote the general welfare or economic balance of the Village and the benefits and amenities of the resulting development will justify the variation from the requirements that are otherwise applicable to the underlying zoning district, the PUD Planned Unit Development Overlay District is intended to allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while, at the same time, maintaining standards set forth in the comprehensive plan and compliance with the regulations applicable to the underlying basic zoning district except as otherwise may be permitted by the Village Board under this section.

(b)

Permitted uses. Uses permitted in a planned unit development overlay district shall conform to uses generally permitted in the underlying basic use district provided that the Village Board may also permit mixed compatible uses within the ordinance creating the planned unit development overlay district. For purposes of this section, compatibility may be determined by giving due consideration to the proposed development as well as the surrounding area.

(c)

Compliance with regulations for underlying zoning district.

(1)

The Village Board may permit deviation from the requirements of the underlying zoning district with respect to maximum building height, yard areas, lot dimensions, setbacks, and parking requirements.

(2)

For residential developments, the Village Board of Trustees may also permit an increase in the number of permitted units (density) beyond what is allowed in the underlying district upon its finding that the following standards are met:

a.

The development will provide better utilization of the land and better preservation of natural resources than would otherwise be realized if the site were developed in conformity with the density requirements of the underlying district or as a planned unit development without an increase in density.

b.

The development makes adequate provision such that an increase in residential density will not have an unreasonable adverse effect on neighboring properties, existing and/or proposed public rights-of-way and/or municipal and other public services as a result of the type, intensity and frequency of the use(s) associated with the development.

c.

The structure(s) proposed for the development are harmonious with existing surrounding structures and land uses.

d.

The building materials to be used for the project have been selected and are proposed to be utilized in a manner that is harmonious with the natural environment and the general character of other buildings and structures in the vicinity of the proposed development.

e.

The development will result in the construction or upgrading of specific public infrastructure improvements or private that will benefit the public without cost to the Village.

(d)

Minimum area requirements. Areas designated as planned unit development overlay districts is under single or corporate ownership or control, and shall contain a minimum development area of:

(e)

Pre-petition conference. Prior to the official submission of the petition for the approval of a planned unit development overlay district, the owner or owner's agent making such petition shall meet with the plan commission or Village Zoning Administrator to discuss the scope and proposed nature of the contemplated development.

(f)

Petition for approval. Following the pre-petition conference, the owner or owner's agent may file a petition with the village administrator-clerk for approval of a planned unit development overlay district. Such petition shall be accompanied by a review fee, and shall incorporate all of the following information:

(1)

Informational statement. A statement which sets forth the relationship of the proposed PUD to the village's adopted master (comprehensive land use and thoroughfare plan) plan, neighborhood plan, and any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:

a.

Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.

b.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

c.

A statement of the organizational structure of the property owner's or management's association that will provide for any necessary private services and short- and long-term maintenance of the development.

d.

Any proposed departures from the standards of development as set forth in chapter 54 of this Code and any other applicable village regulations or administrative rules, or other universal guidelines.

e.

The expected dates of commencement and completion of physical development as set forth in the proposal together with an outline of any development staging that is proposed.

(2)

A detailed development plan including:

a.

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

b.

The location of public and private roads, driveways, sidewalks and parking facilities.

c.

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

d.

The location of institutional, recreational and open space areas and areas proposed to be reserved or dedicated for public uses, including schools, parks and drainageways.

e.

The type, size and location of all structures.

f.

General landscape treatment.

g.

The existing and proposed locations of public sanitary sewer, water supply facilities and stormwater drainage facilities.

h.

The existing and proposed locations of all private utilities or other easements.

i.

Existing topography on the site with contours at no greater than two-foot intervals.

j.

Anticipated uses of adjoining lands with respect to roads, surface water drainage and compatibility with existing adjacent land uses.

k.

If the development is proposed to be staged, a proposed staging plan.

l.

A statistical sheet indicating the following in square feet, acres and percentage of the total tract, where applicable:

i.

Gross land area.

ii.

Land covered by principal buildings.

iii.

Land covered by accessory buildings.

iv.

Land devoted to parking, drives and parking structures.

v.

Land devoted to landscaped open space.

vi.

Proposed dwelling unit density, if residential, and/or total square footage devoted to nonresidential uses.

vii.

Proposed number of buildings.

viii.

Dwelling units per building.

ix.

Bedrooms per unit.

x.

Parking spaces provided, whether surface or in structures, and ratio per unit if residential or per 1,000 square feet of building area if nonresidential.

(g)

Referral to plan commission. The petition for a planned unit development overlay district shall be referred to the village plan commission for its review and recommendation, which may include any additional conditions or restrictions that the plan commission may deem necessary or appropriate.

(h)

Public hearing. The village board shall hold a public hearing, which may be held jointly with the plan commission. Notice of the hearing shall include reference to the location of the proposed district and the availability of the development plans filed in conjunction with the requested planned unit development overlay district for review. Notice of the public hearing shall also specify the date, time, and place of the hearing and shall state the matter to be considered at the hearing. Notice shall be posted in three public places likely to give notice to persons affected by the hearing at least 15 days prior to the hearing. The village shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action and to all parties in interest.

(i)

General considerations for approval. The plan commission in making its recommendation and the village board in making its determination, shall consider:

(1)

That the petitioners for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the PUD within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the village board.

(2)

That the proposed planned unit development overlay district:

a.

Is consistent in all respects with the intent of this section;

b.

Is consistent with the spirit and intent of this article;

c.

Will conform to the adopted comprehensive plan and any adopted component thereof;

d.

Complies with the provisions of subsections (b) through (d) of this section 54-76; and

e.

Upon completion, will be harmonious with the surrounding area and the Village overall and will promote the general welfare and economic prosperity of the community.

(3)

The plan commission in making its recommendations and the village board in making its determination shall further find that:

a.

The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.

b.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

c.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

d.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the village.

e.

Centralized water and sewer facilities shall be provided.

f.

The entire tract or parcel of land to be included in a planned unit development overlay district shall be held under single ownership, or if there is more than one owner, the petition for the planned unit development overlay district shall be considered as one tract, lot or parcel, and the legal description must define the PUD as a single parcel, lot or tract and be so recorded with the county register of deeds.

g.

Adequate assurances exist to ensure the long-term maintenance of the development.

(j)

Residential PUD, considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:

(1)

The development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

(2)

The total net residential density within the planned unit development overlay district will be consistent with and not exceed the average intensity and density of development permitted in the underlying basic use district unless the provisions of subsection (c)(2) are satisfied.

(3)

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of the facilities.

(4)

Provision has been made for adequate, continuing fire and police protection.

(5)

The population composition of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

(6)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.

(k)

Commercial PUD, considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:

(1)

The proposed development will be served by off-street parking and truck service facilities in accordance with this article.

(2)

The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(3)

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

(4)

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(l)

Industrial PUD, considerations. The plan commission and village board, in making their respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:

(1)

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

(2)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water sanitary sewer and stormwater drainage and maintenance of public areas.

(3)

The proposed development will include provision for off-street parking and truck service areas in accordance with this article and will be adequately served by easy-access rail or arterial highway facilities.

(4)

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(m)

Mixed use PUD, considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed mixed use planned unit development, shall further consider whether:

(1)

The proposed mixture of uses procedures a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood as well as the Village.

(2)

The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of the use and character.

(3)

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(n)

Board determination, development agreement required.

(1)

The village board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a planned development overlay district shall be based upon and include as conditions there to the building, site and operational plans for the development as approved by the village board.

(2)

Rezoning to a planned unit development overlay district shall be subject to, and shall not become effective until, a developer's agreement has been approved by the village board and fully executed by all parties that requires compliance with all applicable laws and regulations, including any conditions and restrictions adopted to regulate the specific planned development; provides standards for the completion of all building and site improvements; and provides for performance guarantees (such as bonds or letters of credit) to be provided to insure the completion of any work to any municipal infrastructure and any quasi-public improvements that are required such as, for example: installation and maintenance of erosion control facilities, installation and maintenance of storm water facilities, installation and maintenance of landscaping, and paving of parking lots.

(o)

Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for review to the village plan commission. The plan commission shall recommend to the village board that the change be approved, approved with modifications, or denied. Any subsequent substantial change or addition to the plans or uses shall be submitted for approval to the village board and if, in the opinion of the village board, the change or addition constitutes a substantial alteration of the original plan, it shall schedule an additional public hearing in which event the village board shall schedule a notice of public hearing as for the original petition. Following the public hearing, the village board shall deny, approve or approve the same subject to any additional conditions and restrictions it may impose.

(Code 2003, § 13-1-53; Ord. No. 23-05, § 1, 8-15-2023; Ord. No. 23-07, § 1, 11-7-2023; 24-05, § III, 3-19-2024)

The following table is a summary of area, yard and height requirements for the village:

SUMMARY OF AREA, YARD, AND HEIGHT REQUIREMENTS
VILLAGE OF BUTLER, WAUKESHA COUNTY, WISCONSIN

Note—Zoning of annexed land shall be in compliance with the requirements of section 54-109.

(24-05, § IV, 3-19-2024)