Cedarburg City Zoning Code
ARTICLE C
ZONING DISTRICTS
Sec. 13-1-40 - Establishment of districts.
(a)
Districts. For the purpose of this chapter, the City of Cedarburg is hereby divided into 24 basic use districts and five overlay districts designated as follows:
(1)
Rs-1 Low-Density Single-Family Residential District.
(2)
Rs-2 Single-Family Residential District.
(3)
Rs-3 Single-Family Residential District.
(4)
Rs-4 Single-Family Residential District.
(5)
Rs-5 Single-Family Residential District.
(6)
Rs-6 Single-Family/Two-Family Residential District.
(7)
Rs-7 Low-Density Single-Family Residential District.
(8)
Rs-8 Low-Density Single-Family Residential District.
(9)
Rd-1 Two-Family Residential District.
(10)
Rm-1 Multi-Family Residential District.
(11)
Rm-2 Multi-Family Residential District.
(12)
B-1 Neighborhood Business District.
(13)
B-2 Community Business District.
(14)
B-3 Central Business District.
(15)
B-4 Office and Service District.
(16)
B-5 Business Park District.
(17)
B-6 General Business and Warehousing District.
(18)
M-1 Limited Manufacturing District.
(19)
M-2 General Manufacturing District.
(20)
M-3 Business Park District.
(21)
P-1 Park and Recreation District.
(22)
I-1 Institutional and Public Service District.
(23)
C-1 Shoreland Wetland/Conservancy District.
(24)
C-2 Non-Shoreland Conservancy District.
(25)
C-3 Shoreland Conservancy District.
(26)
C-4 Upland Conservancy Overlay District.
(27)
GFP General Floodplain District.
(28)
FW Floodway District.
(29)
FFO Floodfringe Overlay District.
(30)
PUD Planned Unit Development Overlay District.
(31)
HPD Historic Preservation Overlay District.
(32)
CEG Community Exhibition Grounds District.
(33)
OSLM Office, Service and Limited Manufacturing District.
(34)
A-1 Agricultural District.
(b)
Boundaries of these districts are hereby established as shown on the maps entitled "Zoning Map — City of Cedarburg, Wisconsin," and "Supplementary Floodland Zoning Map — City of Cedarburg, Wisconsin," both maps which accompany and are herewith made a part of this chapter. Such boundaries shall be construed to follow: corporate limits; U.W. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended unless otherwise noted on the Zoning Map.
(c)
Boundaries of the FW Cedar Creek Floodway District shall be determined by use of the scale contained on the Supplementary Floodland Zoning Map. The boundaries of the FPC Floodplain Conservancy District and 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 — City of Cedarburg, Ozaukee County, Wisconsin, published by the Federal Insurance Administration (FIA) and dated May 15, 1980. 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 May 16, 1980. 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 under floodway conditions shall be the governing factor in locating the regulatory floodland limits.
(d)
Boundaries of the SW Shoreland Wetland/Wetland Overlay District were determined from use of the Wisconsin Wetland Inventory Maps for the City of Cedarburg dated May 10, 1989, and stamped "FINAL", and include, but are not limited to, all shoreland wetlands, five acres or greater in area, shown on these maps. Section 62.231 of the Wisconsin Statutes requires that all shoreland wetlands five acres or greater in area be protected by the city.
(e)
Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side or sides to which the vacated land reverts as determined by the location of the former public street or alley centerline where applicable.
(f)
Annexations to or consolidations with the city subsequent to the effective date of this chapter shall be placed in the Rs-1 Single-Family Residential District, unless the annexation ordinance temporarily places the land in another district. Within one year, the city plan commission shall evaluate and recommend a permanent zoning district classification to the common council. Annexations containing shorelands shall comply with Wis. Stats. § 59.971(7). Annexations containing floodlands and shorelands shall be governed in the following manner:
(1)
Annexations containing floodlands shall be governed by the provisions of the Ozaukee County Floodplain Zoning Ordinance until such time that the Wisconsin Department of Natural Resources (DNR) certifies that amendments to the City of Cedarburg Zoning Ordinance meet the requirements of Chapter NR 116 of the Wisconsin Administrative Code.
(2)
Annexations containing shorelands. Pursuant to Wis. Stats. § 59.971(7), any annexation of land after May 7, 1982, which lies within shorelands, as defined herein, shall be governed by the provisions of the Ozaukee County Shoreland Zoning Ordinance until such time that the city adopts an ordinance that is at least as restrictive as the Ozaukee County Shoreland Zoning Ordinance. Said regulations shall be administered and enforced by the City of Cedarburg building inspector.
(Ord. No. 92-16; Ord. No. 98-15; Ord. No. 99-03; Ord. No. 96-05; Ord. No. 2000-45; Ord. No. 2000-46; Ord. No. 2001-44; Ord. No. 2007-02)
Sec. 13-1-41 - Zoning map.
A certified copy of the Zoning Map, together with the Supplementary Floodland Zoning Map, shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the mayor and city clerk and shall be available to the public in the office of the zoning administrator. Changes thereafter to the general zoning districts shall be entered and attested on the certified copy. Changes in the floodland districts shall not become effective until approved by the Wisconsin Department of Natural Resources. Also see section 13-1-207 of this chapter.
Sec. 13-1-42 - Rs-1 Single-Family Residential District.
(a)
Purpose. The Rs-1 Single-Family Residential District is intended to accommodate single-family residential development at densities not exceeding 2.2 dwelling units per acre served by public sanitary sewer and water supply facilities. Standards certain public improvements may be modified as provided in section 13-1-42(k) of this chapter.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (See also section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 20,000 square feet in area and shall be not less than 100 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The minimum floor area of a principal building shall be 1,600 square feet.
(3)
The minimum first floor area of a two story principal building shall be 1,000 square feet.
(4)
A tri-level dwelling shall have a minimum floor area of 550 square feet per habitable level. The sum total of the floor area of new principal buildings and all new accessory buildings shall not exceed 28 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 25 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal structures not less than 15 feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Subdivision improvements may be nonstandard. The intent of this district is to provide for residential subdivisions with a semi-rural character. Such intent may require subdivision improvements which vary from standard requirements for streets, curb and gutter, sidewalks, street lights, street trees, and stormwater drainage facilities. Modification of requirements should be granted at the time of subdivision review and approval pursuant to the requirements of the City of Cedarburg Platting and Subdivision Ordinance. Variances to the improvement requirements shall be permitted only by the affirmative vote of three-fourths of the plan commission members present and voting. Provision of public sanitary sewer and water supply facilities shall not be waived, and waiving of the construction of sidewalks on arterial streets shall not be permitted.
(Ord. No. 2004-01)
Sec. 13-1-43 - Rs-2 Single-Family Residential District.
(a)
Purpose. The Rs-2 Single-Family Residential District is intended to establish high-quality single-family residential development at densities not exceeding 2.9 dwelling units per acre served by public sanitary sewer and water supply facilities. In addition to establishing new subdivisions with complete urban infrastructure, the RS-2 District is intended to accommodate existing single-family development in newly-annexed areas. In such newly-annexed areas, complete urban infrastructure such as curb, gutter, storm sewers, street lights, street trees and sidewalks may not be required. A determination to waive such requirements shall be on a case-by-case basis after review and recommendation of the plan commission and in accord with procedures and provisions described in section 14-1-90 of the Land Division and Subdivision Regulations. Sidewalks may be required if determined necessary by the plan commission.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building mounted dish antennas.
(d)
Conditional uses. (See also section 13-1-226.)
(1)
Community living arrangements which have a capacity for nine or more persons.
(2)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 15,000 square feet in area. Lot width shall be not less than 100 feet measured at the setback line except for lots fronting on a cul-de-sac turnaround may have a minimum lot width of not less than 90 feet measured at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The minimum floor area of a principal building shall be 1,600 square feet (excluding attached garage area).
(3)
The minimum first floor area of a two story principal building shall be 1,000 square feet (excluding attached garage area).
(4)
A tri-level dwelling shall have a minimum floor area of 700 square feet per habitable level.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 36 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 25 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 30 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal structures not less than 15 feet in width.
(3)
There shall be a rear yard setback of not less than 30 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(Ord. No. 99-03; Ord. No. 2004-01)
Sec. 13-1-44 - Rs-3 Single-Family Residential District.
(a)
Purpose. The Rs-3 Single-Family Residential District is intended to establish and preserve quiet single-family residential neighborhoods free from other urban land uses, except those which are compatible with such residential use, and at densities not to exceed 3.6 units per net acre, served by public sanitary sewer and water supply facilities.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity of nine or more persons.
(3)
Churches.
(4)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 12,000 square feet in area and shall be not less than 90 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 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 two story principal building shall be 850 square feet.
(4)
A tri-level dwelling shall have a minimum floor area of 425 square feet per habitable level.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 36 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 30 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than eight feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(1)
Performance Standards. (See article H.)
(Ord. No. 2004-01)
Sec. 13-1-45 - Rs-4 Single-Family Residential District.
(a)
Purpose. The Rs-4 Residential District is intended to establish and preserve the same use as in the Rs-3 Single-Family Residential District, except at densities not to exceed 4.4 units per net acre, served by public sanitary sewer and water supply facilities.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster Family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 10,000 square feet in area and shall be not less than 90 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory buildings shall exceed 20 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 two story principal building shall be 800 square feet.
(4)
A tri-level dwelling shall have a minimum floor area of 400 square feet per habitable level.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 36 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 30 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than eight feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(Ord. No. 2004-01)
Sec. 13-1-46 - Rs-5 Single-Family Residential District.
(a)
Purpose. The Rs-5 Single-Family Residential District is intended to establish and preserve the same use as in the Rs-3 Residential District, except at densities not to exceed 5.2 units per net acre, served by public sanitary sewer and water supply facilities.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(5)
Two family dwellings in structures existing at the time of the adoption of this chapter without building additions.
(6)
Off-street parking for six or more automobiles.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 8,400 square feet in area and shall be not less than 50 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 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 two story principal building shall be 800 square feet.
(4)
A tri-level dwelling shall have a minimum floor area of 400 square feet per habitable level.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 36 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 30 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than four feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(4)
Buildings that existed prior to the adoption of this ordinance that do not conform to the setback requirements listed above shall be classified as legal conforming buildings and therefore the front, side and rear yard requirement shall be based on the existing building location. If the existing building is damaged or destroyed by fire, explosion, wind, flood or other calamity the building will be restored to, or replaced at, location it had immediately before the destruction occurred.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(Ord. No. 2004-01; Ord. No. 2018-26)
Sec. 13-1-47 - Rs-6 Single-Family/Two-Family Residential District.
(a)
Purpose. The Rs-6 Single-Family/Two-Family Residential District is intended to establish and preserve single-family and two family residential use in older neighborhoods, at densities not to exceed 10.4 dwelling units per acre, free from other use except those which are compatible with such residential use and, further, to allow for the conversion of large single-family dwellings to two family dwellings.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Day care home.
(4)
Foster family home.
(5)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(6)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(5)
Off-street parking for six or more automobiles.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 8,400 square feet in area and shall be not less than 50 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The total minimum floor area of a principal building shall be 1,100 square feet for a single-family dwelling.
(3)
Two family dwellings shall provide a minimum floor area of 750 square feet per dwelling unit.
(4)
The minimum first floor area of a two story principal building shall be 750 square feet.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 36 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 30 percent of the lot area.
(g)
Setback and yards. (Also see sections 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than four feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(4)
Buildings that existed prior to the adoption of this ordinance that do not conform to the setback requirements listed above shall be classified as legal conforming buildings and therefore the front, side and rear yard requirement shall be based on the existing building location. If the existing building is damaged or destroyed by fire, explosion, wind, flood or other calamity the building will be restored to, or replaced at, location it had immediately before the destruction occurred.
(h)
Traffic, loading, parking, and access. (See article D.) Note: Parking standards apply also to converted dwelling units. For example, a single-family home converted to a two family home would require four off-street parking spaces (two spaces per dwelling unit).
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
Sec. 13-1-48 - Rs-7 Low-Density Single-Family Residential District.
(a)
Purpose. The Rs-7 Low-Density Single-Family Residential District is intended to accommodate existing single-family residential platted subdivisions and land divisions by certified survey map which are low-density in character and which do not necessarily provide the full complement of urban improvements such as concrete curb and gutter, street lamps, sidewalks, storm sewers, or street trees. The district is intended to accommodate such existing low-density single-family residential development on lots at densities not to exceed 2.2 dwelling units per acre to be served by municipal sewer and water facilities. Sidewalks may be required in plan commission-designated areas.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 20,000 square feet in area and shall be not less than 100 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The total minimum floor area of a principal building shall be 1,600 square feet.
(3)
The minimum first floor area of a two story principal building shall be 1,000 square feet.
(4)
New tri-level dwellings shall have a minimum floor area of square feet per habitable level.
(5)
The sum total of the floor area of new principal buildings and all new accessory buildings shall not exceed 28 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 25 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a minimum side yard on each side of all principal structures not less than ten feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
Sec. 13-1-49 - Rs-8 Low-Density Single-Family Residential District.
(a)
Purpose. The Rs-8 Low-Density Single-Family Residential District is intended to accommodate single-family residential platted subdivisions and land divisions by certified survey map which are low-density in character and which do not necessarily provide the full complement of urban improvements such as concrete curb and gutter, street lamps, sidewalks, storm sewers, or street trees. The district is intended to accommodate such low-density single-family residential development on lots at densities not to exceed 1.1 dwelling units per acre to be served by municipal sewer and water facilities. Sidewalks may be required in plan commission-designated areas. Conservation subdivisions may be allowed as a conditional use in accord with performance standards applicable to such subdivisions.
(b)
Permitted uses.
(1)
Single-family dwellings.
(2)
Family day care home.
(3)
Foster family home.
(4)
Community living arrangements which have a capacity for eight or fewer persons served by the program.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Community living arrangements which have a capacity for nine or more persons.
(3)
Churches.
(4)
Utilities.
(5)
Conservation subdivisions.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 40,000 square feet in area and shall be not less than 150 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 42 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The total minimum floor area of a principal building shall be 1,600 square feet.
(3)
The minimum first floor area of a two story principal building shall be 1,000 square feet.
(4)
New tri-level dwellings shall have a minimum floor area of 550 square feet per habitable level.
(5)
The sum total of the floor area of new principal buildings and all new accessory buildings shall not exceed 20 percent of the lot area; and the lot coverage for the principal buildings and accessory buildings shall not exceed 15 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 75 feet from the right-of-way of all streets.
(2)
There shall be a minimum side yard of 25 feet.
(3)
There shall be a rear yard of not less than 40 feet.
(4)
There shall be a minimum setback of 25 feet from any existing wetlands for the principal building. An accessory building or structure shall have a minimum setback of 5 feet from any existing wetland.
(h)
Traffic, loading, parking, and access. (Also see article D.)
(i)
Nonconforming uses, structures, and lots. (Also see article G.)
(j)
Performance standards. (Also see article H.)
(k)
Performance standards for conservation subdivisions. (See section 13-1-178 in article H.)
(Ord. No. 2001-31; Ord. No. 2004-01)
Sec. 13-1-50 - Rd-1 Two-Family Residential District.
(a)
Purpose. The Rd-1 Two-Family Residential District is intended to establish and preserve two family residential neighborhoods, at densities not to exceed 8.7 dwelling units per net acre, served by municipal sewer and water facilities.
(b)
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Two family dwellings.
(3)
Family day care home in either or both units of a two family dwelling.
(4)
Foster family home in either or both units of a two family dwelling.
(5)
Community living arrangements which have a capacity for eight or fewer persons served by the program in either or both units of a two family dwelling structure.
(6)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bed and breakfast establishments providing adequate off-street parking facilities.
(2)
Zero lot line developments (See Illustration 2) which meet the following conditions:
a.
Lot area and width. Lots shall have a minimum area of 6,000 square feet and shall not be less than 50 feet in width with one dwelling unit per lot.
b.
Setback and yards. There shall be a minimum setback of 30 feet from the right-of-way of all streets. There shall be a side yard requirement on one side of a principal building of not less than ten feet. The dwelling unit shall be placed on one side of the property line with a zero foot side yard. There shall be a rear yard of not less than 25 feet for all lots.
c.
Buildings. Buildings constructed shall be of the row (party-wall) dwelling type and shall consist of a row of two attached dwelling units. The common wall between individual dwelling units shall be constructed of at least a one hour fire-rated construction.
d.
Side lot lines. Side lot lines shall be a straight line and perpendicular or radial to the street line.
(3)
Churches.
(4)
Community living arrangements which have a capacity for nine or more persons.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 12,000 square feet in area and shall be not less than 100 feet in width at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The total minimum floor area of a principal two family building shall be 2,100 square feet or 1,050 square feet per dwelling.
(3)
The minimum first floor area of a two story two family principal building shall be 1,050 square feet. Two family dwellings constructed without a basement of at least 200 square feet shall add 100 square feet to each of the aforelisted minimums.
(4)
The sum total of the floor area of a principal two family building and all accessory buildings shall not exceed 40 percent of the lot area.
(5)
The total minimum floor area of a principal single family building shall be 1,300 square feet.
(6)
The minimum first floor area of a two story single-family principal building shall be 850 square feet.
(7)
A new tri-level single family dwelling shall have a minimum floor area of 425 square feet per habitable level.
(8)
The sum total of the floor area of a principal single family building and all accessory buildings shall not exceed 25 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than ten feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Utilities. Common public utility laterals shall not be permitted; each dwelling unit shall be served by its own separate lateral.
(i)
Traffic, loading, parking, and access. (See article D.)
(j)
Nonconforming uses, structures, and lots. (See article G.)
(k)
Performance standards. (See article H.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
Sec. 13-1-51 - Rm-1 Multiple-Family Residential District.
(a)
Purpose. The Rm-l Multiple-Family Residential District is intended to establish and preserve residential areas, at densities not to exceed 10.9 dwelling units per net acre, served by municipal sewer and water facilities.
(b)
Permitted uses.
(1)
Multiple-family dwellings with a maximum of four dwelling units per structure.
(2)
Foster family home unit.
(3)
Community living arrangements which have a capacity for 15 persons or fewer.
(4)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Zero lot line condominium developments (See Illustration 1) which meet the following conditions:
a.
Lot area and width. Lots shall have a minimum area of 5,000 square feet and shall not be less than 45 feet in width with one dwelling unit per lot.
b.
Setback and yards. There shall be a minimum setback of 40 feet from the right-of-way of all public streets or from private drives. There shall be a side yard requirement on one side of a building of not less than ten feet. The dwelling unit shall be placed on one side of the property line with a zero foot side yard. The minimum distance between buildings shall be 25 feet. There shall be a rear yard of not less than 25 feet for all lots.
c.
Buildings. Buildings constructed shall be of the row (party-wall) dwelling type and shall consist of a row of attached dwelling units. The common wall between individual dwelling units shall be constructed of at least a one hour fire rated construction.
d.
Side lot lines. Side lot lines shall be a straight line and perpendicular or radial to the street line.
(2)
Churches.
(3)
Community living arrangements which have a capacity for 16 or more persons.
(e)
Lot area and width. (Also see article E.)
(1)
Lots shall have a minimum of 12,000 square feet in area or the area specified below, whichever is larger:
(2)
Lots shall be not less than 90 feet in width at the public street right-of-way line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
No principal building shall have a floor area of less than the larger of 2,500 square feet or:
(3)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 40 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a minimum side yard on each side of all principal buildings not less than 20 feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Utilities. Common public utility laterals shall not be permitted; each dwelling unit shall be served by its own separate lateral.
(i)
Traffic, loading, parking, and access. (See article D.)
(j)
Nonconforming uses, structures, and lots. (See article G.)
(k)
Performance standards. (See article H.)
(l)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(m)
Site plan review. (See article F.)
(n)
Architectural review. (See article F.)
Sec. 13-1-52 - Rm-2 Multiple-Family Residential District.
(a)
Purpose. The Rm-2 Multiple-Family Residential District is intended to establish and preserve multiple-family residential areas, at densities not to exceed 16.1 dwelling units per net acres, served by municipal sewer and water facilities.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Multiple-family dwellings with a maximum of eight dwelling units per structure.
(2)
Foster family home unit.
(3)
Community-living arrangements which have a capacity for 15 persons or fewer.
(4)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Churches.
(2)
Community living arrangements which have a capacity for 16) or more persons.
(3)
Housing for the elderly, at a maximum density of 24 dwelling units per acre, with a maximum of 48 dwelling units per structure. Such structures may be a maximum of 48 feet in height when indoor parking is provided, and shall not contain more than three residential stories.
(4)
Multiple-family dwellings exceeding eight dwelling units per structure, with a maximum of 36 dwelling units per structure.
(5)
Detached garages located in interior side yards.
(e)
Lot area and width. (Also see article E.)
(1)
Lots shall have a minimum of 10,800 square feet in area or the area specified below, whichever is larger:
(2)
Lots shall be not less than 90 feet in width.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
No principal building shall have a floor area of less than the larger of 2,00 square feet or:
(3)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 75 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a minimum side yard on each side of all principal buildings not less than 20 feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Utilities. Common public utility laterals shall not be permitted; each dwelling unit shall be served by its own separate lateral.
(i)
Traffic, loading, parking, and access. (See article D.)
(j)
Nonconforming uses, structures, and lots. (See article G.)
(k)
Performance standards. (See article H.)
(l)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(m)
Site plan review. (See article F.)
(n)
Architectural review. (See article F.)
(Ord. No. 95-14; Ord. No. 92-23; Ord. No. 2002-26)
Sec. 13-1-53 - B-l Neighborhood Business District.
(a)
Purpose. The B-l Neighborhood District is established to provide for individual or small groups of retail and service establishments serving the day-to-day needs of the general public located in areas near residential neighborhoods. The character, appearance and operation of such establishments shall be compatible with the surrounding area and consistent with the City of Cedarburg Smart Growth Comprehensive Lane Use Plan-2025 and components thereof. In general, establishments shall:
(1)
Be designed for "walkable" streets, while properly functioning for all traffic types.
(2)
Enhance user friendliness and safety for pedestrians.
(3)
Coordinate public streetscapes with private improvements.
(4)
Improve the aesthetic qualities of the area.
(b)
General requirements.
(1)
Buildings shall be designed in individual or small groupings and shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with the surrounding area with no individual building exceeding 20,000 square feet in size.
(2)
All business, servicing or processing, except for off-street parking, approved outdoor eating/seating areas or loading, shall be conducted within completely enclosed buildings and shall not exceed the size in area that which is specified in the table below. Outside storage or displays are not permitted except as specifically approved by the plan commission.
(3)
Site development shall be approved by the plan commission in accordance with sections 13-1-225 and 13-1-226 of the City Code of Ordinances.
(c)
Permitted principal uses.
(1)
Any of the following retail establishments selling primarily new merchandise to the general public:
a.
Antique stores.
b.
Art studios and galleries.
c.
Bagel stores.
d.
Bakery for retail sales.
e.
Book or stationary stores.
f.
Candy/confectionary stores.
g.
Clothing or dry good stores.
h.
Nonalcoholic coffee/espresso/juice/smoothie bars.
i.
Computer stores.
j.
Custard/ice cream stands and soda fountains.
k.
Delicatessens.
l.
Florist shops.
m.
Fruit and vegetable stores.
n.
Gift shops.
o.
Grocery stores (neighborhood style - see size limit in table below).
p.
Hobby shops.
q.
Jewelry stores.
r.
Liquor stores.
s.
Meat, fish or poultry stores.
t.
Museums.
u.
Music and radio stores.
v.
Optical stores.
w.
Pharmacies.
x.
Photo and film pickup stores.
y.
Resale and consignment stores.
z.
Shoe stores.
aa.
Sporting goods stores.
ab.
Variety stores.
(2)
Any of the following business, professional and public service offices:
a.
Accounting offices.
b.
Architectural, engineering, or other similar professional offices.
c.
Legal service offices.
(3)
Any of the following customer service establishments:
a.
Art, dance, or music teaching studios.
b.
Shoe repair stores.
c.
Travel agent offices.
(4)
Residential units, excluding store-front space and new principal residential structures.
(d)
Permitted accessory uses.
(1)
Accessory buildings customarily incidental to the uses allowed herein including garages, storage shed and dumpster facilities.
(2)
Essential services.
(3)
Ground-mounted and building-mounted satellite dish antennas less than three feet in diameter.
(4)
Off-street parking and loading areas.
(e)
Conditional uses. (Also see section 13-1-226.)
(1)
Banks, savings and loans associations and other financial institutions.
(2)
Beauty parlors and barber shops.
(3)
Child day care facilities.
(4)
Health care facilities including:
a.
Chiropractic office.
b.
Dental office.
c.
Health spa.
d.
Medical office.
e.
Physical therapist office/service.
(5)
Public and/or private utilities, telecommunication installations, transmission and distribution lines, poles, and other accessories. [Note: when a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission.] Public and/or private utility installations less than three feet in height shall be subject only to City of Cedarburg staff approval and may be allowed subject to staff-imposed conditions regarding, among other things, effective screening from public view with all-season vegetation.
(6)
Restaurants, not including "fast food" or those serving liquor.
(7)
Satellite Dishes larger than three foot diameter.
(8)
Fully enclosed, indoor, individual and group fitness facilities including for instance, but not necessarily limited to calisthenics, weights, resistance, spin, personal training, swim/bike/run with focus on biomechanical performance coaching, yoga, and health and wellness training/coaching.
(9)
Flex social, hospitality, and gathering leasable space for uses such as, but not necessarily limited to, private parties (i.e., wedding/bridal shower, anniversary), business meetings (i.e., civic or professional associations), youth groups (i.e., scout groups, home/remote school group classes such as for special or social group projects), charitable events (i.e., local nonprofits), and similar subject to review and approval by the plan commission, provided sufficient and lawful parking is available to support such leased use either onsite or within 250 feet of the entrance to the space.
(10)
Outdoor seating area, not to exceed 225 square feet in area (unless otherwise approved for larger area by the plan commission through PUD), excluding exterior lighting, outdoor entertainment, outdoor recreation, amplified or acoustic music, TV or other sound bar or speaker systems, and alcohol service or consumption. The design, location, and manner of screening, if any, shall be set by the plan commission. Permitted dates/hours of use shall be set by the plan commission.
TABLE 13-1-53
B-1 NEIGHBORHOOD BUSINESS DISTRICT
Development Standards
(a) No lot or parcel that was previously developed shall be deemed nonconforming due to the lack of compliance with the open space ratio requirement.
Lots in the B-1 District shall provide sufficient area for the principal structures and accessory structures, off-street parking and loading while maintaining all required setbacks and offsets.
(f)
Traffic, loading, parking, and access. (See article D.)
(g)
Nonconforming uses, structures, and lots. (See article G.)
(h)
Performance standards. (See article H.)
(i)
Signs. (See title 15, chapter 5 of the Municipal Code.)
(j)
Site plan review. (See article F.)
(k)
Architectural review. (See article F.)
(Ord. No. 2009-06; Ord. No. 2024-24, § 1, 12-9-24)
Sec. 13-1-54 - B-2 Community Business District.
(a)
Purpose. The B-2 Community Business District is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices, and service establishments serving the daily needs of the surrounding local community area. The size and location of such districts shall be based upon evidence of justifiable community need, of adequate customer potential, of satisfactory relationship to the traffic circulation system, and other related facilities, and of potential contribution to the economic welfare of the community.
(b)
Permitted uses. (Also see section 13-1-225.) Any of the following retail and customer service establishments:
(1)
Appliance store.
(2)
Antique and collectors stores.
(3)
Art shop.
(4)
Auto parts stores.
(5)
Bagel stores.
(6)
Bakeries, not including the manufacture of bakery products.
(7)
Banks, savings and loan associations, and other financial institutions (not including drive-in or drive-through facilities).
(8)
Barber shops.
(9)
Beauty shops.
(10)
Bookstores.
(11)
Business and professional.
(12)
Camera and photographic supply stores and studios.
(13)
Clothing store.
(14)
Coffee/espresso bars.
(15)
Confectioneries.
(16)
Delicatessens.
(17)
Department stores.
(18)
Drug stores.
(19)
Fireplace stores.
(20)
Fish markets.
(21)
Florists.
(22)
Fruit and vegetable market.
(23)
Furniture stores.
(24)
Furriers and fur apparel.
(25)
Gift stores.
(26)
Grocery stores.
(27)
Hardware stores.
(28)
Health care facilities including dental clinics, medical clinics, chiropractic clinics, licensed massage therapy.
(29)
Hobby and craft stores.
(30)
Ice cream store.
(31)
Interior decorator.
(32)
Janitorial supplies.
(33)
Jewelry stores.
(34)
Liquor stores.
(35)
Meat markets.
(36)
New or used computer sales and service.
(37)
Newspaper and magazine stores.
(38)
Newsstands.
(39)
Office supplies and business machine stores.
(40)
Optical stores (not including the manufacturing of lenses).
(41)
Packaged beverage stores.
(42)
Paint, glass, and wallpaper stores.
(43)
Pharmacy (not including drive-thru).
(44)
Photographer.
(45)
Plumbing and heating supplies.
(46)
Sales and service of new or used video games and video game consoles.
(47)
Self-service laundries and dry cleaning establishments.
(48)
Shoe stores and leather goods stores.
(49)
Shopping centers.
(50)
Soda fountain stores.
(51)
Sporting goods stores.
(52)
Stationery stores.
(53)
Supermarkets.
(54)
Tobacco stores.
(55)
All-electric coffee roasting that does not vent directly to the outdoors.
(56)
TV and small appliance repair shops.
(57)
Variety stores.
(c)
Accessory uses.
(1)
Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.
(2)
Essential services.
(3)
Ground-mounted and building-mounted earth station dish antennas.
(4)
Off-street parking areas and loading areas.
(5)
Rental apartment on a non-ground level provided there shall be a minimum floor area of 420 square feet for an efficiency or one bedroom apartment and 550 square feet for a two bedroom apartment.
(6)
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
a.
Adult establishments provided that either of the following two conditions is met:
1.
The person applying for the conditional use grant demonstrates that the building where the use shall occur is not located within 500 feet of any residential dwelling, rooming unit, hospital, church, school, or stores frequented by persons under the age of 18 years, whether such structures are located in this City or in a contiguous town or municipality. The 500 feet distance shall be measured via a straight line from the nearest corners of such building to any portion of the parcel of land containing a residential dwelling, rooming unit, hospital, church, school, or store frequented by persons under the age of 18 years.
2.
The person applying for the conditional use permit files with the zoning administrator a petition favoring the proposed use signed by a minimum of 51 persons representing a minimum of 51 percent of the adult persons owning or occupying property within a radius of 500 feet of the location of the proposed establishment. The petitioner shall attempt to contact all eligible locations within the 500 foot radius and shall submit with the petition a list of all addresses at which no contact was made and, as far as practicable, a list of all persons refusing to sign the petition. In the event that the 500 foot radius is not sufficiently populated to provide a minimum of 100 adult persons owning or occupying property, the radius shall be increased in increments of 100 feet until there shall be an area large enough to contain 100 property owners and occupants. The petition circulated shall state the specified activities and/or specified anatomical area intended to be displayed and the conditional use permit sought. The 500 foot radius and 100 foot increments shall be measured as set forth above.
b.
One year after the date on which the conditional use permit is granted, and every year on that date thereafter, the person granted the conditional use permit shall show the zoning administrator that either of the above conditions is met in order for the conditional use permit to be continued for the following year.
c.
The applicant shall provide the names and addresses of the owners and occupants of all property within 100 feet of the proposed establishment, measured as set forth above. Except where a petition signed by 51 persons is filed with the zoning administrator, in case of protest signed by the owners or occupants of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, the grant of a conditional use permit shall require a vote of three-fourths of the members of the plan commission.
(2)
Animal hospitals, pet daycare facilities and kennels, provided all principal structures and uses are not less than 100 feet from a residential use if kennels are provided.
(3)
Automobile service, repair, and washing.
(4)
Bars, cocktail lounges and taverns.
(5)
Bowling alleys.
(6)
Bus depots, provided all principal structures and uses are not less than 100 feet from any residential district lot line.
(7)
Clubs.
(8)
Commercial child day care facilities.
(9)
Fuel-fired coffee roasting that vents directly to the outdoors. Coffee roasting uses existing on January 1, 2005 shall be classified as conforming conditional uses. However, a change in ownership of such premises shall require the new owner to obtain a conditional use permit.
(10)
Construction services including building contractors, carpentering, wood flooring, concrete services, masonry, stonework, tile setting, plastering services, roofing, sheet metal services, and water well drilling services.
(11)
Dance halls.
(12)
Drive-in or drive-through banks, savings and loan associations, and other financial institutions.
(13)
Factory outlet stores.
(14)
Gasoline service stations, provided that all service islands and pumps shall meet setback requirements.
(15)
Gun shops
(16)
Health clubs.
(17)
Indoor or outdoor recreational and entertainment facilities.
(18)
Limited manufacturing of products listed in section 13-1-59(b)(1) where all operations are conducted wholly within buildings with no outdoor operations or storage of materials or equipment. and provided noise, smoke, dust, dirt and odors are not detrimental to nearby retail, commercial, service, or residential uses. Such limited manufacturing use(s) shall be incidental to the principal use of a building for retail or commercial use, and shall not occupy more than 20 percent of the total floor area of a building.
(19)
Motels and motor hotels.
(20)
New and used automobile dealerships, including all activities incidental to the operation of a dealership.
(21)
Outdoor soda water venting machines.
(22)
Printing and reproduction services [not exceeding 3,000 square feet in gross floor area].
(23)
Restaurants.
(24)
Theaters.
(25)
Truck and trailer rentals.
(26)
Pharmacies with drive-through facilities.
(27)
Public and/or private utilities, telecommunication installations, and other accessories. [Note: When a utility proposes a main inter-city transmission facility, the utility shall give notice to the city of such intention and of the date of hearing before the public service commission.] Public and/or private utility installations less than three feet in height shall be subject only to City of Cedarburg staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(28)
Wholesaling establishments.
(29)
Micro-Distilleries.
(30)
Micro-Breweries.
(e)
Zoning district size. The B-2 Community Business District shall be a minimum of 40,000 square feet in area.
(f)
Lot area and width. (Also see article E.)
(1)
Lots shall provide sufficient area and width for the principal building and its accessory buildings, off-street parking and loading areas, and required yards.
(2)
Lots shall not be less than 150 feet in width as measured at the abutting street right-of-way line.
(g)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed two stories or 35 feet in height, whichever is less. No accessory building shall exceed 20 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50 percent of the lot area.
(h)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 40 feet from the right-of-way of all existing or planned streets.
(2)
No separation shall be required between business, service, or commercial uses, except there shall be an opening of at least 20 feet for each 150 feet of commercial structure; and no principal structure shall be closer than 15 feet to a side lot line.
(3)
There shall be a rear yard of not less than 25 feet.
(i)
Traffic, loading, parking, and access. (See article D.)
(j)
Nonconforming uses, structures, and lots. (See article G.)
(k)
Performance standards. (See article H.)
(l)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(m)
Site plan review. (See article F.)
(n)
Architectural review. (See article F.)
(Ord. No. 2006-24; Ord. No. 2014-17; Ord. No. 2019-24, § 1, 2-9-19; Ord. No. 2024-16, § 1, 11-11-24; Ord. No. 2025-22, § 1, 5-12-25)
Sec. 13-1-55 - B-3 Central Business District.
(a)
Purpose and intent. The B-3 Central Business District is intended to provide for the preservation of Cedarburg's historic downtown and the orderly appropriate regulations to ensure the compatibility of the diverse uses typical of the downtown area without inhibiting the potential for maximum development of commercial, cultural, entertainment, and other urban activities which contribute to its role as the heart of the city. This area contains a mix of retail sales shops, office, restaurants, cultural, entertainment, and residential uses.
(b)
General requirements.
(1)
Overall use and development shall be compatible with the city's community character, urban design, historic preservation principles and shall facilitate the objectives as expressed in the adopted Cedarburg Smart Growth Comprehensive Land Use Plan - 2015, and components thereof.
(2)
A major portion of the B-3 District is also regulated by the City's Historic Preservation District (HPD), which is an "overlay" district created to protect historic buildings, sites, and districts that are listed on the National Register of Historic Places. The construction, repair, maintenance, alteration, demolition, design, remodeling, reconstruction, painting/colors, roofing type and colors, of all structures and all site improvements within the HPD area require approval and a certificate of appropriateness from the city's landmarks commission prior to performing any work on the site improvements or structures. The compilation of all uses (except those specifically listed as 'permitted') within and throughout all existing and new buildings and sites in the B-3 and HPD shall require review and recommendation by the Landmarks Commission to the Plan Commission and/or staff as applicable. Except as may be noted otherwise herein, any exceptions to the bulk, spatial, height, and accessory structure regulations applicable to/in the B-3 and HPD areas shall require review and recommendation by the Landmarks Commission to the Plan Commission.
(3)
Buildings shall be designed to correspond in height, width, proportion, relationship to street, roof forms, composition, window and door patterns, materials and colors compatible with existing buildings in the downtown area.
(4)
All buildings in the HPD portion of the B-3 District existing prior to October 28, 2013 are considered to be conforming structures relative to dimensional requirements to maintain the integrity of the Historic District. If such buildings are ever damaged or destroyed, they may be reconstructed exactly in their pre-damaged or pre-destroyed location and dimensional configuration.
(5)
Single-family and two-family homes existing prior to October 28, 2013 are non-conforming uses and may be continued pursuant to section 13-1-140 titled non-conforming uses.
(c)
Permitted uses. (Also see section 13-1-225.)
(1)
Antique and collectors stores.
(2)
Art stores, studios, galleries.
(3)
Auto parts stores.
(4)
Bagel shops, bakeries.
(5)
Banks, credit unions, savings and loan associations, and other financial institutions (not including drive-in or drive-thru facilities).
(6)
Barber shops and beauty shops.
(7)
Bicycle sales, repair and rental.
(8)
Bookstores.
(9)
Boutiques.
(10)
Business, professional, medical, and utility offices.
(11)
Camera, photographic supply stores, and photographic studios.
(12)
Catering services.
(13)
Clinics (dental, medical, chiropractic).
(14)
Clothing stores.
(15)
Cocktail lounges, bars, and taverns.
(16)
Coffee shops and espresso bars.
(17)
Computer sales and services.
(18)
Cultural centers.
(19)
Delicatessen.
(20)
Department stores.
(21)
Electronics and appliance stores, and repair shops.
(22)
Farmers markets, including farm products, food, crafts, and food vendors.
(23)
Fish markets.
(24)
Florists, yard and garden supplies, and service.
(25)
Furniture sales.
(26)
Furriers and fur apparel.
(27)
Gift stores.
(28)
Grocery stores.
(29)
Hardware stores.
(30)
Health clubs, athletic clubs, and gymnasiums.
(31)
Hobby and craft stores.
(32)
Ice cream parlors/soda fountain stores.
(33)
Insurance offices.
(34)
Interior decorators.
(35)
Jewelry stores.
(36)
Liquor stores.
(37)
Lodges and clubs.
(38)
Meat markets.
(39)
Museums.
(40)
Music stores.
(41)
Newspaper and magazine stores.
(42)
Office supplies and business machine stores
(43)
Optical stores.
(44)
Paint, glass, and wallpaper stores.
(45)
Pet stores and pet grooming (with all operations indoors).
(46)
Pharmacy (not including drive-thru service).
(47)
Plumbing and heating supplies.
(48)
Publishing houses.
(49)
Real estate offices.
(50)
Restaurants (without drive-thru facilities).
(51)
Self-service laundries and dry cleaning establishments.
(52)
Shoe and leather goods stores.
(53)
Spas and fitness facilities.
(54)
Specialty food and beverage product sales.
(55)
Specialty retail shops for housewares, stationary, home décor, lighting products, and athletic and sporting goods.
(56)
Tailor shops.
(57)
Theaters.
(58)
Tobacco shops.
(59)
Used merchandise resale shops (excluding pawn shops).
(60)
Variety stores.
(61)
Residential use of single-family and two-family structures that existed prior to the adoption of this Ordinance.
(62)
All-electric coffee roasting that does not vent directly to the outdoors.
(d)
Permitted accessory uses.
(1)
Residential quarters provided that such quarters are in the principal building, not on a ground-level floor, and the entrances and exits to such quarters are directed to the interior of the building. There shall be a minimum floor area of 420 square feet for an efficiency or one bedroom apartment and 550 square feet for a two bedroom apartment.
(2)
Accessory buildings and uses customarily incidental to the above uses, including garages used in conjunction with the operation of the uses of the premise and dumpster storage facilities.
(3)
Off-street parking and loading areas.
(4)
Essential services as defined herein.
(5)
Ground-mounted and building-mounted satellite dish antennas less than three feet in diameter.
(6)
Outdoor dining and non-alcohol beverage service. (Note: Outdoor alcohol beverage services require a premises license approved by the common council).
(7)
Temporary placement of tables, chairs, benches, a-frame style signs (displayed only during the days/hours that the business they support is open for business and not to exceed four square feet per sign face with the faces not more than two feet apart from each other at any point), seasonal entryway vestibules, and similar/related temporary accessories upon the sidewalk right-of-way, subject to full compliance with the following conditions and any additional conditions the city building inspector, planner, and/or plan commission believe are necessary to ensure the public safety, maintain the principal functional purpose of the sidewalk as a pedestrian throughway, and complement/preserve the character of the adjacent and surrounding buildings and the street front ambiance.
a.
A minimum five-foot-deep clear pedestrian throughway shall be maintained throughout all frontages. If less than five feet clear presently exists due to the presence of fixed public assets (such as trees, trash cans, light posts, street signs, hydrants, utility boxes), and/or existing, permanently fixed building improvements (such as but not necessarily limited to attached stairs/steps/stoops/railings), and/or existing, legal nonconforming fixed private improvements (such as, for instance, but not necessarily limited to clock and awning support posts possibly), then the preexisting actual depth of clear pedestrian throughway shall be the required minimum. No new encroachments upon the minimum required clear pedestrian throughway shall be permitted.
b.
A minimum three-foot-deep clear terrace shall be maintained between the back of curb and the minimum required clear pedestrian throughway throughout all frontages. Within this three-foot-deep terrace area, appropriately sized a-frame style signs that comply with section 15-5-14(d)(3)a.8. of the City Code may be permitted. If less than three feet clear terrace space presently exists due to the presence of fixed public assets (such as trees, trash cans, light posts, street signs, hydrants, utility boxes), and/or existing, permanently fixed building improvements (such as but not necessarily limited to attached stairs/steps/stoops/railings), and/or existing, legal nonconforming fixed private improvements (such as, for instance, but not necessarily limited to clock and awning support posts possibly), then the preexisting actual depth of clear terrace shall be the required minimum. No new encroachments, except for appropriately sized a-frame style signs, shall be permitted within the minimum required clear sidewalk terrace area.
c.
Subject to full compliance with [subsections] a. and b. above, application for Temporary Washington Avenue Sidewalk Right-of-Way Encroachment Permit may/shall be made on forms provided by the city planning department. The following support materials shall be included with the application at the time of submittal:
1.
Purpose statement.
2.
Scaled and accurately dimensioned site plan.
3.
Detailed imagery as to colors, materials, size and type of encroachment.
4.
Detailed imagery of the setting/surroundings where the encroachment is proposed to be located.
5.
Operating plans, including the proposed dates, times, and nature of the encroachment/use of the encroachment.
6.
Any additional information the city staff deems necessary to aid in their evaluation of the request.
d.
All applications and supporting materials for properties that are located in the Historic Preservation Overlay Zoning District, excluding qualifying a-frame style signs, must be reviewed and approved by the landmarks commission prior to issuance of a permit to ensure that the compilation of all objects proposed to be placed on the sidewalk right-of-way complement/preserve the character of the adjacent and surrounding buildings and the street front ambiance.
e.
Alcohol sales, service, and/or consumption is not permitted in areas approved for placement of temporary sidewalk right-of-way encroachment under this section.
f.
Each permit shall have a maximum term of permission not to exceed six months, except in the case of a-frame style signs for which the term of permission may be indefinite. Shorter terms of permission may be established based upon the seasonal suitability and stated need for certain types of encroachments.
g.
Adequate lighting shall be available within the immediate surroundings to ensure that all encroachment objects are sufficiently visible to pedestrians on the sidewalk at all times of the day.
h.
A temporary use encroachment permit must be issued to/received by the applicant prior to placement of any sidewalk right-of-way encroachments. Prior to issuance of the permit, all applicants are required to have the following assurance documents on file with the city clerk: a fully executed City of Cedarburg Hold Harmless and Indemnity Agreement Form.
i.
The city planner, building inspector, or plan commission may attach conditions of approval to any Temporary Washington Avenue Sidewalk Right-of-Way Encroachment Permit.
(e)
Conditional uses. (Also see section 13-1-226.)
(1)
Automobile service stations.
(2)
Banks, savings and loan associations, credit unions, and other financial institutions with drive-in or drive-through facilities.
(3)
Bed and breakfast establishments providing adequate off-street parking.
(4)
Building supply stores.
(5)
Bus depots, provided all principal structures and uses are not less than 100 feet from any residential district lot line.
(6)
Fuel-fired coffee roasting that vents directly to the outdoors.
(7)
Day care facilities.
(8)
Feed mills, and feed and seed sales.
(9)
Funeral homes, provided all principal structures and uses are not less than 12 feet from any lot line.
(10)
Gun shops, subject to police department and plan commission review and approval.
(11)
Hotels, subject to adequate off-street parking.
(12)
Indoor and outdoor recreational and entertainment facilities.
(13)
Microbreweries, soft drink production, and wineries.
(14)
Night clubs and dance halls.
(15)
Parking structures.
(16)
Pharmacies with drive-thru facilities.
(17)
Printing and reproduction services [not exceeding 3,000 square feet of gross floor area].
(18)
Renewable energy systems (i.e. wind, solar, geothermal).
(19)
Telecommunications installations.
(20)
Tourist Rooming Houses.
(21)
Vehicle detailing.
(22)
Wool carding.
(23)
Micro-Distilleries.
(f)
Dimensional requirements. See Table 13-1-55.
(g)
Traffic, loading, parking, and access. (See article D.)
(h)
Nonconforming uses, structures, and lots. (See article G.)
(i)
Performance Standards. (See article H.)
(j)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(k)
Site plan review. (See article F.)
(l)
Architectural review. (See article F.)
TABLE 13-1-55
B-3 CENTRAL BUSINESS DISTRICT
(a) All buildings in the HPD portion of the B-3 District existing prior to October 28, 2013 can be considered to be conforming structures relative to dimensional requirements to maintain the integrity of the Historic District. If such buildings are ever damaged or destroyed, they may be reconstructed exactly in their pre-damaged or pre-destroyed location and dimensional configuration.
(b) Corner lots are subject to vision clearance requirements per Section 13-1-80.
(c) No minimum side yard offset shall be required; however, where a side yard offset is provided, it shall be not less than five feet. Detached accessory structures and decks shall be in accord with Section 13-1-101.
(d) Upon receipt of a favorable recommendation from the Landmarks Commission, the Plan Commission may waive or modify the maximum height limitation of a new or substantially modified accessory structure if it is located in a historic district or is a designated local landmark.
(e) Upon receipt of a favorable recommendation from the Landmarks Commission, the Plan Commission may, on a case-by-case basis, approve a pergola or similar structure to enclose an outdoor patio in the building setback area.
(Ord. No. 2013-23; Ord. No. 2014-04; Ord. No. 2014-05; Ord. No. 2014-17; Ord. No. 2017-02; Ord. No. 2025-19, § I(Exh. B), 3-31-25; Ord. No. 2025-22, § 1, 5-12-25; Ord. No. 2025-28, § 1, 8-25-25)
Sec. 13-1-56 - B-4 office and service district.
(a)
Purpose. The B-4 Office and Service District is intended to provide for individual or limited office, professional, and special service uses where the office activity would be compatible with other neighborhood uses and not exhibit the intensive activity of other business districts.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Professional services.
a.
Accounting, auditing, and bookkeeping services.
b.
Architectural services.
c.
Chiropractor services.
d.
Dental services.
e.
Engineer services.
f.
Land surveying services.
g.
Legal services.
h.
Medical clinics.
i.
Optometrists.
j.
Osteopaths.
k.
Physician and surgeon services.
l.
Urban planning services.
(2)
Business services.
a.
Advertising agency services.
b.
Business and management consulting services.
c.
Collection and adjustment services.
d.
Consumer and mercantile credit reporting services.
e.
Duplicating and mailing services.
f.
Employment services.
g.
Manufacturing representatives, agents, or corporate headquarters.
h.
Public relations services.
i.
Stenographic services.
j.
Transportation ticket services.
k.
Travel arranging services.
(3)
Financial, insurance, and real estate services.
a.
Banks or financial institutions (not including drive-in or drive-through facilities).
b.
Business and personal credit services (including credit unions).
c.
Commodity contracts, brokers, and dealers services.
d.
Holding and investment services.
e.
Insurance agents, brokers, and services.
f.
Insurance carriers.
g.
Real estate agents, brokers, and management services.
h.
Real estate subdividing and developing services.
i.
Security brokers, dealers, and flotation services.
j.
Title abstracting services.
(4)
Governmental offices.
(5)
Public service offices.
(c)
Permitted accessory uses.
(1)
Essential services.
(2)
Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.
(3)
Ground-mounted and building-mounted earth station dish antennas.
(4)
Off-street parking areas.
(5)
Residential quarters for the owner, proprietor, commercial tenant, employee, or caretaker located in the same building as the business.
(6)
Rental apartment on a nonground level provided there shall be a minimum floor, area of 420 square feet for an efficiency or one bedroom apartment.
(7)
Warehousing.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Athletic clubs.
(2)
Barber shops and beauty salons.
(3)
Bookstores.
(4)
Commercial child day care facilities.
(5)
Delicatessen.
(6)
Drive-in or drive-through banks, savings and loan, or other financial institutions.
(7)
Florists (not including greenhouses).
(8)
Gift shops.
(9)
Gymnasiums.
(10)
Health clubs.
(11)
Health resorts.
(12)
Medical supply sales.
(13)
Office supply stores.
(14)
Outdoor soda water vending machines.
(15)
Pharmacies.
(16)
Printing and reproduction services.
(17)
Restaurants (not including drive-in or drive-through facilities).
(18)
Stationery stores.
(19)
Studios for photography, painting, music, sculpture, dance, or other recognized fine art.
(20)
Kennels (Commercial).
(e)
Lot area and width. (Also see article E.) Lots shall have a minimum area of 10,000 square feet and shall not be less than 90 feet in width.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a principal building shall exceed two stories or 35 feet in height, whichever is less. No accessory building shall exceed 20 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 50 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than ten feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 2013-32; Ord. No. 2017-24)
Sec. 13-1-57 - B-5 Business Park District.
(a)
Purpose. The B-5 Business Park District is intended to provide for the development of an attractive and aesthetic mixed grouping of both office and limited light industrial uses and activities in a park-like setting. The district is further intended to promote the provision of ample off-street parking and loading areas; open space; and landscape planting screens in areas adjacent to non-business development or other incompatible land uses. The district is also intended to be used in areas identified for business parks in the adopted City of Cedarburg master plan or components thereof.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Professional services.
a.
Accounting, auditing, and bookkeeping services.
b.
Architectural services.
c.
Chiropractor services.
d.
Circuit board assembly, not including circuit board manufacturing.
e.
Computer software development and production.
f.
Dental services.
g.
Engineer services.
h.
Legal services.
i.
Medical clinics.
j.
Optometrists.
k.
Osteopaths.
l.
Physician and surgeon services.
m.
Research and development facilities.
n.
Urban planning services.
(2)
Business services.
a.
Advertising agency services.
b.
Business and management consulting services.
c.
Collection and adjustment services.
d.
Consumer and mercantile credit reporting services.
e.
Duplicating and mailing services.
f.
Employment services.
g.
Manufacturing representatives, agents, or corporate headquarters.
h.
Public relations services.
i.
Stenographic services.
j.
Transportation ticket services.
k.
Travel arranging services.
(3)
Financial, insurance, and real estate services.
a.
Banks or financial institutions (not including drive-in or drive-through facilities).
b.
Business and personal credit services (including credit unions).
c.
Commodity contracts, brokers, and dealers services.
d.
Holding and investment services.
e.
Insurance agents, brokers, and services.
f.
Insurance carriers.
g.
Real estate agents, brokers, and management services.
h.
Real estate subdividing and developing services.
i.
Security brokers, dealers, and flotation services.
j.
Title abstracting services.
(4)
Governmental offices.
(5)
Public service offices.
(c)
Permitted accessory uses.
(1)
Essential services.
(2)
Garages for storage of vehicles used in conjunction with the operation of an office or industry.
(3)
Ground-mounted and building-mounted earth station dish antennas.
(4)
Off-street parking areas.
(5)
Storage, power supply, and other uses normally auxiliary to the principal operation or use.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Processing, manufacturing, and/or storage, and uses as the following, provided that the plan commission, in approving or disapproving proposed locations for uses under this paragraph shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located, and shall also base its decision on such evidence as may be presented to the plan commission regarding those attributes of the proposed use, such as increased traffic on the public streets, heavy vehicular traffic, municipal water availability, sewage disposal systems, soil limitations, and the emission of noise, smoke, dust or dirt, odorous or noxious gases, and the like that would be detrimental to such character and such suitability for development:
a.
Apparel and findings-related products.
b.
Athletic clubs.
c.
Automatic temperature controls.
d.
Baked goods and bakery products.
e.
Barbershops and beauty salons that are physically and service wise oriented to business park users and employees.
f.
Blank books, loose-leaf binders, and devices.
g.
Books: publishing, printing, and binding.
h.
Boot and show cut stock and findings.
i.
Brooms and brushes.
j.
Canvas products.
k.
Child day care facilities.
l.
Costume jewelry, costume novelties, buttons, and miscellaneous notions.
m.
Curtains and draperies.
n.
Dental equipment and supplies.
o.
Dress and work gloves.
p.
Drive-in or drive-through banks, savings and loan, or other financial institutions that are physically and service wise oriented to business park users and employees.
q.
Electrotyping and stereotyping.
r.
Engineering, laboratory, scientific, and research instruments and associated equipment.
s.
Envelopes.
t.
Fabrics, broad and narrow woven.
u.
Felt goods.
v.
Flavor extracts and flavor syrups.
w.
Floor coverings limited to rugs and carpeting.
x.
Florists (not including greenhouses).
y.
Footwear.
z.
Fresh or frozen fruits, fruit juices, vegetables, and specialties.
aa.
Gift shops that are physically and saleswise oriented to business park users and employees.
bb.
Greeting cards.
cc.
Gymnasiums.
dd.
Handbags and other personal leather goods.
ee.
Hats, caps, and millinery.
ff.
Health resorts.
gg.
Household furniture and furnishings.
hh.
Ice.
ii.
Ice cream and frozen desserts.
jj.
Jewelers' findings and materials.
kk.
Jewelry and other precious metals.
ll.
Knit goods.
mm.
Lace goods.
nn.
Lamp shades.
oo.
Luggage.
pp.
Manifold business forms.
qq.
Mechanical measuring and controlling instruments.
rr.
Medical supply sales.
ss.
Men's, youths', and boys' furnishings, work clothing, and allied garments.
tt.
Morticians' goods.
uu.
Musical instruments and parts.
vv.
Newspapers: publishing and printing.
ww.
Office furniture.
xx.
Ophthalmic goods.
yy.
Optical instruments and lenses.
zz.
Orthopedic, prosthetic, and surgical appliances and supplies.
aaa.
Paper coating and glazing.
bbb.
Partitions, shelving, lockers, and office and store fixtures.
ccc.
Pens, pencils, and other office and artist materials.
ddd.
Periodicals: publishing and printing.
eee.
Pharmacies that are physically and saleswise oriented to business park users and employees.
fff.
Photoengraving instruments and apparatus.
ggg.
Photographic equipment and supplies.
hhh.
Pleating, decorative, and novelty stitching and tucking for the trade.
iii.
Pressed and molded pulp goods.
jjj.
Printed circuit boards.
kkk.
Printing, commercial.
lll.
Raincoats and other waterproof outer garments.
mmm.
Restaurants (not including drive-in or drive-through facilities) that are physically and saleswise oriented to business park users and employers.
nnn.
Rice milling.
ooo.
Robes and dressing gowns.
ppp.
Sanitary paper products.
qqq.
Signs and advertising displays.
rrr.
Silverware and plated ware.
sss.
Surgical and medical instruments and apparatus.
ttt.
Textiles, dyeing, and finishing.
uuu.
Tire cord and fabric.
vvv.
Toys, amusements, sporting and athletic goods.
www.
Typesetting.
xxx.
Umbrellas, parasols, and canes.
yyy.
Utilities.
zzz.
Venetian blinds and shades.
aaaa.
Wallpaper.
bbbb.
Warehousing.
cccc.
Watches, clocks, clockwork-operated devices, and parts.
dddd.
Women's, misses', juniors', girls', and infants' furnishings, work and dress garments.
eeee.
Wool scouring, worsted combing, and towing to top.
ffff.
Yarns and threads.
(e)
Lot area and width. (Also see article E.)
(1)
Lots shall be a minimum of one acre in area.
(2)
Lots shall have a maximum site-to-building groundcover area ratio of five to one.
(3)
Lots shall not be less than 150 feet in width.
(f)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
A minimum street yard (setback) of 30 feet from an existing or planned public street right-of-way shall be required.
(2)
There shall be a minimum side yard of not less than ten feet on a side, and the combined total side yard shall not be less than 30 feet.
(3)
There shall be a rear yard of not less than 25 feet.
(g)
Building height and area. (Also see article E.) No building or parts of a building shall exceed 55 feet in height.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 2013-32; Ord. No. 2017-24)
Sec. 13-1-58 - B-6 General Business and Warehousing District.
(a)
Purpose. The B-6 General Business and Warehousing District is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a more general retail and wholesale nature and of office and service facilities serving a large community grade area. The size and location of such districts shall be based upon relationships to the total community need and economy.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Wholesale and/or retail sales and warehousing of the following:
a.
Air conditioning, refrigerated equipment, and supplies not including outdoor storage.
b.
Apparel and accessories, hosiery, and lingerie.
c.
Automotive equipment not including outdoor storage.
d.
Beer, wine, and distilled alcoholic beverages.
e.
Commercial and industrial machinery, equipment, and supplies not including outdoor storage.
f.
Confectionery.
g.
Dairy products.
h.
Drugs and druggists' sundries.
i.
Dry goods, piece goods, and notions.
j.
Electrical appliances, television, and radio sets.
k.
Electronic parts and equipment.
l.
Equipment and supplies for service establishments.
m.
Fish and seafoods.
n.
Food lockers.
o.
Footwear.
p.
Fruits and vegetables.
q.
Furniture and home furnishings.
r.
Groceries.
s.
Hardware.
t.
Household goods.
u.
Janitorial equipment and supplies.
v.
Lumber and construction materials not including outdoor storage.
w.
Meat and meat products not including slaughtering or outdoor confinement.
x.
Metals and minerals not including outdoor storage.
y.
Paint and varnishes.
z.
Paper and paper products not including outdoor storage.
aa.
Plumbing and heating equipment and supplies not including outdoor storage.
bb.
Printing and publishing houses and related uses.
cc.
Professional equipment and supplies.
dd.
Refrigerated warehousing.
ee.
Tires and tubes not including outdoor storage.
ff.
Tobacco and tobacco products.
gg.
Transportation equipment and supplies not including outdoor storage.
hh.
Wool and mohair.
ii.
Business, professional and medical offices.
(c)
Permitted accessory uses.
(1)
Essential services.
(2)
Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.
(3)
Off-street parking.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Animal hospitals provided all principal structures and uses are not less than 100 feet from any residential use if outside animal housing is provided.
(2)
Construction services including building contractors; carpentering, wood flooring; concrete services; masonry, stonework, tile setting, and plastering services; roofing and sheet metal services; and water well drilling services.
(3)
Experimental, testing, and research laboratories.
(4)
Freight forwarding services, packing and crating services, and petroleum stations and terminals.
(5)
Fuel oil, bottled gas, and ice dealers.
(6)
Gasoline service stations, automobile servicing, and repair.
(7)
Locker plants provided that no meat packing and processing shall be conducted.
(8)
Millwork, lumber yards, saw mills, and planing mills.
(9)
New and used automobile, aircraft, and marine craft sales and the sale of tires, batteries, and other automotive, marine, and aircraft accessories.
(10)
Outdoor soda water vending machines.
(11)
Transmitting towers, receiving towers, relay, and microwave towers without broadcast facilities or studios.
(e)
Lot area and width. (Also see article E.) Lots shall have a minimum area of 30,000 square feet and shall not be less than 150 feet in width.
(f)
Building height and area. (Also see article E.)
(1)
No principal building and no part of a principal building shall exceed two stories or 35 feet in height, whichever is less. No accessory building shall exceed 20 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 60 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than five feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 90-45)
Sec. 13-1-59 - M-1 Limited Manufacturing District.
(a)
Purpose. The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial, and related uses of a limited nature and size in situations where such uses are not located in basic industrial groupings and where the relative proximity to other uses requires more restrictive regulation.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Processing, manufacturing, and/or storage of the following:
a.
Apparel findings and related products.
b.
Automatic temperature controls.
c.
Baked goods and bakery products.
d.
Belts.
e.
Blank books, loose-leaf binders, and devices.
f.
Books: publishing, printing, and binding.
g.
Boot and shoe cut stock and findings.
h.
Bottling and canning soft drinks and carbonated waters.
i.
Brooms and brushes.
j.
Candy and other confectionery products.
k.
Canvas products.
l.
Cereal preparations.
m.
Cigars and cigarettes.
n.
All-electric coffee roasting that does not vent directly to the outdoors, and coffee products.
o.
Costume jewelry, costume novelties, buttons, and miscellaneous notions.
p.
Curtains and draperies.
q.
Dental equipment and supplies.
r.
Dress and work gloves.
s.
Electrotyping and stereotyping.
t.
Engineering, laboratory, and scientific and research instruments and associated equipment.
u.
Envelopes.
v.
Fabrics, broad and narrow woven.
w.
Flavor extracts and flavoring syrups.
x.
Flour and other grain mill products.
y.
Footwear.
z.
Fresh or frozen fruits, fruit juices, vegetables, and specialties.
aa.
Greeting cards.
bb.
Hats, caps, and millinery.
cc.
Household furniture and furnishings.
dd.
Ice.
ee.
Jewelers' findings and materials.
ff.
Jewelry and precious metals.
gg.
Lamp shades.
hh.
Luggage.
ii.
Manifold business forms.
jj.
Mechanical measuring and controlling instruments.
kk.
Men's, youths', and boys' furnishings, work clothing, and allied garments.
ll.
Morticians' goods.
mm.
Motion picture production.
nn.
Musical instruments and parts.
oo.
Newspapers: publishing and printing.
pp.
Office furniture.
qq.
Ophthalmic goods.
rr.
Optical instruments and lenses.
ss.
Orthopedic, prosthetic, and surgical appliances and supplies.
tt.
Paperboard containers and boxes.
uu.
Partitions, shelving, lockers, and office and store fixtures.
vv.
Pens, pencils, and other office and artists' materials.
ww.
Periodicals: publishing and printing.
xx.
Photoengraving.
yy.
Photographic equipment and supplies.
zz.
Pleating, decorative, and novelty stitching and tucking for the trade.
aaa.
Printing, commercial.
bbb.
Raincoats and other waterproof outer garments.
ccc.
Robes and dressing gowns.
ddd.
Sanitary paper products.
eee.
Self-service storage facilities (mini-warehouses).
fff.
Signs and advertising displays.
ggg.
Silverware and plated ware.
hhh.
Surgical and medical instruments and apparatus.
iii.
Tobacco and snuff.
jjj.
Tobacco stemming and redrying.
kkk.
Toys, amusement, sporting, and athletic goods.
lll.
Typesetting.
mmm.
Umbrellas, parasols, and canes.
nnn.
Venetian blinds and shades.
ooo.
Watches, clocks, clockwork-operated devices, and parts.
ppp.
Welding and machine shops.
qqq.
Wine, brandy, and brandy spirits.
rrr.
Women's, misses, juniors', girls', and infants' furnishings, work and dress clothing, and allied garments.
sss.
Warehouses.
(c)
Permitted accessory uses.
(1)
Garages for storage of vehicles used in conjunction with the operation of an industry.
(2)
Off-street parking and loading areas.
(3)
Office, storage, power supply, and other uses normally auxiliary to the industrial operations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(5)
Retail sales and services of products integral with and incidental to a service or manufacturing business limited to 20 percent of the floor area of the principal building.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Athletic clubs.
(2)
Experimental, testing, and research laboratories.
(3)
Gasoline service stations, automobile and truck servicing and repair, automobile and truck rental services, and automobile and truck washing.
(4)
Gymnasiums.
(5)
Health resorts.
(6)
Heliports and bus depots, provided all principal structures and uses are not less than 100 feet from any residential district boundary.
(7)
Locker plants provided that no meat packing and processing shall be conducted.
(8)
Manufacturing and processing of dimension hardwood and flooring, veneer, and plywood.
(9)
Millwork, lumber yards, saw mills, and planing mills.
(10)
Office uses unrelated to principal industrial operations.
(11)
Processing and manufacturing of feeds prepared for animals and fowl, wholesale, and/or retail warehousing of animal feeds, fertilizer, seeds, garden and lawn supplies, animal heath products, and lawn equipment, provided that all operations are conducted within an enclosed building.
(12)
Retail stores and services related to principal industrial operations.
(13)
Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.
(14)
Utilities.
(15)
Day care facility.
(16)
Fuel-fired coffee roasting that vents directly to the outdoors.
(e)
Lot area and width. (Also see article E.) Lots shall have a minimum area of 20,000 square feet and shall not be less than 100 feet in width.
(f)
Building height and area. (Also see article E.)
(1)
No building or part of a building shall exceed 35 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 30 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings not less than 25 feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 2004-26; Ord. No. 2025-22, § 1, 5-12-25)
Sec. 13-1-60 - M-2 General Manufacturing District.
(a)
Purpose. The M-2 General Manufacturing District is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than in the M-l Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residential districts.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Those industrial uses permitted in the M-1 Limited Manufacturing District as either "Permitted" or "Conditional" uses.
(2)
Processing, manufacturing, and/or storage of the following:
a.
Aircraft and parts.
b.
Brick and structural clay tile.
c.
Clay refractories.
d.
Coating, engraving, and allied services.
e.
Communication equipment.
f.
Concrete and concrete products not including the manufacturing of cement.
g.
Construction, mining, and materials handling machinery and equipment.
h.
Cutlery, hand tools, and general hardware.
i.
Electric lighting and wiring equipment.
j.
Electrical industrial apparatus.
k.
Electrical transmission and distribution equipment.
l.
Electrometallurgical products.
m.
Electronic components and accessories.
n.
Engines and turbines.
o.
Farm machinery and equipment.
p.
Fine earthenware, table, and kitchen articles.
q.
Flat glass.
r.
Fluid milk, cream, and milk beverages.
s.
Glass containers.
t.
Heating apparatus and plumbing fixtures.
u.
Household appliances.
v.
Metal cans.
w.
Metal products, fabricated structural.
x.
Millwork, lumber yards, saw mills, planing mills; and retail sales of building materials.
y.
Motor vehicles and motor vehicle equipment.
z.
Motorcycles, bicycles, and parts.
aa.
Office, computing, and accounting machines.
bb.
Paving mixtures and blocks.
cc.
Plastic injection molding.
dd.
Porcelain electrical supplies.
ee.
Radio and television receiving sets.
ff.
Screw machine products and bolts, nuts, screws, rivets, and washers.
gg.
Service industry machines.
hh.
Ship and boat building and repairing.
ii.
Signaling and fire control equipment.
jj.
Stone and stone products, cut.
kk.
Wire products, fabricated.
ll.
Warehouses.
mm.
Manufacturing, Assembly, Production, and Packaging of Pet Care and Pet Accessory Products, Excluding Pet Food.
(c)
Permitted accessory uses.
(1)
Garages for storage of vehicles used in conjunction with the operation of an industry.
(2)
Off-street parking and loading areas.
(3)
Offices, storage, power supply, and other uses normally auxiliary to the principal industrial operations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(5)
Retail sales and service of products integral with and incidental to a service or manufacturing business limited to 20 percent of the floor area of the principal building.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Bottling of alcoholic beverages.
(2)
Construction and prefabrication of wood buildings and structural members and construction of wooden containers.
(3)
Experimental, testing, and research laboratories.
(4)
Locker plants provided that no meat packing and processing shall be conducted.
(5)
Millwork, lumber yards, saw mills, and planing mills.
(6)
Outside storage and outside manufacturing areas, provided that such uses shall be surrounded by a solid fence not less than six feet nor more than eight feet in height unless otherwise approved by the Plan Commission, or an evergreen planting screen not less than six feet tall at the time of planting completely preventing a view from any other property or public right-of-way and shall be at least 300 feet from a residential district.
(7)
Processing of hardwood dimension and flooring, veneer, and plywood.
(8)
Processing of ice cream.
(9)
Public passenger transportation terminals such as heliports and bus depots, except airports, airstrips, and landing fields, provided all principal structures and uses are not less than 100 feet from any residential district boundary.
(10)
Transmitting towers, receiving towers, relay, and microwave towers without broadcast facilities or studios.
(11)
Utilities, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(12)
Wood pressing.
(13)
New and used automobile sales.
(14)
Auction facilities.
(15)
Veterinary Clinics.
(16)
Day care facility.
(17)
Landscape Contracting.
(18)
Hotels and restaurants provided that the real property subject to the use fronts on an arterial street.
(19)
Indoor family entertainment and recreation center (including the subordinate and accessory use of beer and wine sales)*. Examples of intended uses may include, for instance, indoor mini-golf, indoor bumper cars, indoor golf simulator, arcade games, bowling and similar subject to review and approval by the plan commission. This use may include affiliated indoor snack/concessions sales, and incidental retail sales of affiliated promotional items. Examples of uses that are not permitted include, for instance, movie theater, bar/nightclub as a principal use, retail shop as a principal use, musical or theatric performance venue, event center, and similar as determined by the plan commission.
*For purposes of this section, "subordinate and accessory beer and wine sales" shall mean that the dedicated bar area for beer and wine sales/consumption shall not exceed ten percent of total square footage of the unified family entertainment and recreation center occupancy area, and the dedicated bar area may only be operated during the days/hours that the family entertainment and recreation center use is open to the public and actively operating.
(20)
Indoor dog park (including, for instance, swimming, dock diving, training, enrichment and socialization).
(e)
Lot area and width. (Also see article E.) Lots shall have a minimum area of 40,000 square feet and shall not be less than 150 feet in width.
(f)
Building height and area. (Also see article E.)
(1)
No building or part of a building shall exceed 45 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 70 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 25 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings of not less than 25 feet in width.
(3)
There shall be a rear yard of not less than 25 feet.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 95-30; Ord. No. 99-17; Ord. No. 2000-21; Ord. No. 2004-26; Ord. No. 2023-10, § 1, 8-14-23; Ord. No. 2024-15, § I, 11-11-24; Ord. No. 2024-23, § 1, 12-9-24; Ord. No. 2025-20, § 1, 5-12-25)
Sec. 13-1-61 - M-3 Business Park District.
(a)
Purpose. The M-3 Business Park District is intended to provide for the development of compatible manufacturing, warehouse, service business and office uses. The physical and operational characteristics of uses in this district are based on performance standards which would not be detrimental to the public health, safety or welfare or detrimental to the surrounding area as a result of noise, vibration, external lighting, odor, particulate emissions, other visible emission, hazardous pollutants, traffic, physical appearance, or other similar factors. All uses in this district must comply with applicable local, state and federal codes and standards. Uses in the M-3 District are also intended to provide ample off-street parking and loading areas, and landscaped planting screens in those areas adjacent to or abutting residential or other non-commercial uses, to prevent adverse effects upon the adjoining areas.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Uses involving the manufacture and fabrication of goods within the confines of a building and in which any noise, vibration, heat, or flash produced in any process is confined within the building. Any odors produced or emitted in any process must meet applicable federal and state regulations for air emissions. See article H/M-3 BPD for performance standards in the M-3 District.
(2)
Buildings for the storage of goods and materials, where such goods or materials are stored inside a building, provided such building is not a mini-warehouse building subdivided into more than three multiple warehouse and storage facilities containing less than 1,500 square feet each and available for sublease.
(3)
Uses providing a service in which noise, vibration, heat, or flash produced on the premises by such service uses are confined within a building. Any odors produced or emitted must meet applicable federal and state regulations for air emissions.
(4)
Business, professional, clerical, or general offices.
(5)
Research laboratories.
(c)
Permitted accessory uses.
(1)
Sales of products integral with and incidental to a service or manufacturing business.
(2)
Off-street parking and loading areas.
(3)
Garages or buildings used for the storage of vehicles used in conjunction with the operation of a permitted use.
(4)
Enclosed, as well as screened areas, for the storage of materials other than explosive, flammable or hazardous materials.
(5)
Ground-mounted and building-mounted dish antennas.
(6)
Food service areas or cafeterias incidental to a permitted use, but not restaurants.
(d)
Conditional uses. The following uses may be permitted only if approved by the plan commission in accordance with the provisions of section 13-1-226, which contains standards to guide the plan commission in determining whether or not to grant approval of such uses:
(1)
Indoor athletic facilities.
(2)
Communications towers.
(3)
Day care facilities.
(4)
Medical clinics.
(5)
Veterinary offices and small animal hospitals without outdoor kennels.
(6)
Public utility structures.
(7)
Hair Salons.
(e)
Prohibited uses. The following uses are specifically prohibited in the M-3 District:
(1)
Automobile storage or salvage yards, or similar uses.
(2)
Churches, synagogues, schools, or similar institutional uses or places of religious worship.
(3)
Drop forges, ferrous and brass foundries, grain elevators, refineries, tanneries.
(4)
Stockyards, rendering plants, asphalt and concrete plants.
(5)
Fertilizer storage or packaging.
(6)
Principal uses involving the storage, utilization, or manufacture of hazardous materials or products which decompose by detonation.
(7)
Retail uses and wholesale buying clubs unrelated to products manufactured on the premises.
(8)
Restaurants, but not prohibiting food service areas or cafeterias incidental to a permitted use.
(9)
Truck terminals.
(10)
Contractor's yards and the outdoor storage of construction equipment.
(11)
Mini-warehouses.
(12)
New and used car and truck sales.
(13)
Solid or liquid waste disposal, dumping, incineration or similar waste management uses.
(14)
All types of residential uses, except guard's quarters.
(15)
Planing mills and sawmills.
(f)
Performance standards. Uses in the M-3 District shall comply with the provisions and performance standards set forth in article H/M-3 BPD.
(g)
Lot area and width. (Also see article E.)
(1)
Lots shall be a minimum of 40,000 square feet in area.
(2)
Lots shall not be less than 200 feet in width.
(h)
Lot coverage and open space. To achieve a park-like appearance, lot coverage by buildings, accessory structures, and surface parking and driveways shall occupy maximum of 70 percent of the lot area. Landscaped open space not covered by buildings, accessory structures, and surface parking and driveways shall occupy a minimum of 30 percent of the lot area. The open space may include stormwater retention/detention areas.
(i)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
A minimum street yard (setback) of 40 feet from any existing or planned public street right-of-way shall be required.
(2)
There shall be a minimum interior side yard of not less than 25 feet on a side.
(3)
There shall be a rear yard of not less than 25 feet.
(j)
Building height. (Also see article E.) No building or parts of a building shall exceed 45 feet in height. See section 13-1-100(b) for the height of special structures.
(k)
Traffic, loading, parking, and access. (See article D.)
(l)
Nonconforming uses, structures, and lots. (See article G.)
(m)
Performance standards. (See article H/M-3 BPD.)
(n)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(o)
Site plan review. (See article F.)
(p)
Architectural review. (See article F.)
(Ord. No. 92-21; Ord. No. 96-05; Ord. No. 2018-14)
Sec. 13-1-62 - P-1 Park and Recreation District.
(a)
Purpose. The P-1 Park and Recreation District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses. When applied to privately owned recreational lands, this district is intended to avoid the conversion of such lands to other urban uses without adequate public review and approval. The district should be used for areas designated as parks in the adopted city master plan or component thereof
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Art exhibitions.
(2)
Boat rentals and boat access sites.
(3)
Botanical gardens and arboretums.
(4)
Flood control retention/detention areas.
(5)
Forest reserves (wilderness areas).
(6)
Forest reserves (wildlife refuges).
(7)
Group or organized camps.
(8)
Historic and monument sites.
(9)
Ice skating.
(10)
Parks—General recreation.
(11)
Parks—Leisure and ornamental.
(12)
Picnicking area.
(13)
Playfields or athletic fields.
(14)
Playgrounds.
(15)
Play lots or tot lots.
(16)
Recreation centers.
(17)
Skiing and tobogganing.
(18)
Swimming beaches.
(19)
Swimming pools.
(20)
Tennis courts.
(21)
Trails for bicycling, hiking, and cross-country skiing.
(c)
Permitted accessory uses.
(1)
Building and structures accessory to the principal use.
(2)
Ground-mounted and building-mounted earth station dish antennas.
(3)
Off-street parking and loading areas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Amphitheaters.
(2)
Amusement parks.
(3)
Aquariums.
(4)
Archery ranges.
(5)
Arenas and Fieldhouses.
(6)
Auditoriums.
(7)
Exhibition halls.
(8)
Fairgrounds.
(9)
General resorts.
(10)
Golf courses (with/or without country club/restaurant facilities).
(11)
Golf driving ranges.
(12)
Gymnasiums and athletic clubs.
(13)
Miniature golf.
(14)
Museums.
(15)
Planetaria.
(16)
Stadiums.
(17)
Utilities.
(18)
Zoos.
(e)
Lot area and width. (Also see article E.) Lots in the P-1 Park and Recreation District shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas, and all required yards.
(f)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
A minimum street yard (setback) of 40 feet from an existing or planned public street right-of-way shall be required.
(2)
There shall be a minimum side yard of not less than 40 feet on a side.
(3)
There shall be a rear yard of not less than 40 feet.
(g)
Building height. (Also see article E.) No building or parts of a building shall exceed 35 feet in height.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
Sec. 13-1-63 - I-1 Institutional and Public Service District.
(a)
Purpose. The I-1 Institutional and Public Service 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.
(b)
Permitted use. (Also see section 13-1-225.)
(1)
Public or private schools, colleges, and universities.
(2)
Child day care facilities licensed under Wis. Stats. § 48.48.
(3)
Churches.
(4)
Hospitals, sanatoriums, nursing homes, and clinics.
(5)
Libraries, museums, and art galleries.
(6)
Lodges.
(7)
Public administrative offices, and public service buildings, including fire and police stations.
(8)
Public utility offices.
(9)
Water storage tanks and towers.
(10)
Waste water treatment facilities (publicly owned).
(c)
Permitted accessory uses.
(1)
Garages for storage of vehicles used in conjunction with the operation of a permitted use.
(2)
Ground-mounted and building-mounted earth station dish antennas.
(3)
Off-street parking and loading areas.
(4)
Residential quarters for caretakers or clergy. Permitted accessory dwellings shall comply with the building area requirements of the Rs-5 Single-Family Residential District.
(5)
Service buildings and facilities normally accessory to the permitted uses.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Cemeteries.
(2)
Crematory service.
(3)
Gift stores.
(4)
Florists (not including greenhouses).
(5)
Utilities, provided all principal structures and uses are not less than 50 feet from any residential district lot line.
(6)
Funeral homes, provided all principal structures and uses are not less than 25 feet from any lot line.
(7)
Transmitting towers, receiving towers, relay, and microwave towers without broadcast facilities or studios.
(8)
Municipal earth and sanitary landfill operations.
(9)
Performing Arts Theaters.
(10)
Detached accessory structures in any yard.
(11)
Senior Housing.
(12)
Community Based Residential Facilities (CBRF) which have a capacity for nine or more persons.
(13)
Assisted living.
(14)
Solar panels on publicly owned sites, exempt from the yard and distance requirements.
(15)
Columbaria. Any religious association may establish an indoor columbarium or an outdoor columbarium as an accessory structure subject to Wis. Stat. § 157.123 and the conditional use requirements set for by this ordinance:
a.
Indoor Columbaria. A religious association may establish an indoor columbarium subject to the requirements of Wis. Stat. § 157.123, the City of Cedarburg Building Code and the following requirements:
1.
A plan of perpetual care and maintenance of any proposed columbarium pursuant to Wis. Stat. § 157.123(2)(b).
b.
Outdoor Columbaria. A religious association may establish an outdoor columbarium subject to the requirements of Wis. Stat. § 157.123 and the following requirements set forth below:
1.
A religious association must submit for review and approval to the Cedarburg Plan Commission:
a.
A plan of perpetual care and maintenance of any proposed columbarium pursuant to Wis. Stat. § 157.123(2)(b); and
b.
A site plan.
2.
All Outdoor Columbaria must comply with the following physical requirements:
a.
Location: A columbarium must be located outside a building owned and occupied by a religious association as defined by Wis. Stat. § 157.123(2)(a). Outdoor Columbaria are not subject to section 13-1-101(g) of the Zoning Code requiring Accessory Structures be located in the rear yard.
b.
Size: Columbaria structures are not subject to the Area requirements in Section 13-1-63(g)(2) requiring the sum total floor area of the principal area of the building, columbaria, and all other accessory buildings not exceed 40 (40%) of the lot.
c.
Setback: Columbaria structures shall meet the setback and yard requirements of the I-1 Institutional and Public Service Districts.
d.
Appearance: Columbaria shall be consistent in material and design to the primary structure.
e.
Signage: Signage shall be limited to inscriptions on the face of a columbarium niche and commemorative plaque on the columbarium structure. Commemorative plaques may be no larger than 15 inches by 15 inches.
f.
Left objects: Left objects, such as flowers and mementos, are permitted, but must be monitored by the religious association and removed within seven days of placement.
(e)
Lot area and width. (Also see article E.)
(1)
Lots shall be a minimum of 8,400 square feet in area.
(2)
Lots shall not be less than 75 feet in width.
(f)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
A minimum street yard (setback) of 25 feet from an existing or planned public street right-of-way shall be required. The required street yard setback may be reduced by action of the Common Council following review and recommendation by the Plan Commission in order to facilitate redevelopment of a designated state or federal contaminated site.
(2)
There shall be a minimum side yard of not less than six feet on a side.
(3)
There shall be a rear yard of not less than 25 feet. The required rear yard setback may be reduced by action of the Common Council following review and recommendation by the Plan Commission in order to facilitate redevelopment of a designated state or federal contaminated site.
(g)
Building height and area. (Also see article E.)
(1)
No building or parts of a building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 40 percent of the lot area. The required floor area may be increased up to 50 percent of the lot area by action of the common council following review and recommendation by the plan commission in order to facilitate redevelopment of a designated state or federal contaminated site.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
(Ord. No. 96-41; Ord. No. 2001-07; Ord. No. 2006-22; Ord. No. 2008-12; Ord. No. 2008-13; Ord. No. 2016-09)
Sec. 13-1-64 - C-1 Shoreland Wetland/Conservancy District.
(a)
Purpose.
(1)
The C-1 shoreland Wetland/Conservancy District is intended to preserve, protect, and enhance the ponds, streams, and wetland areas of the City of Cedarburg. 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 recreational resources of the city.
(2)
The C-1 Shoreland Wetland/Conservancy District, as shown on the zoning map, includes all wetlands within the shoreland, as defined in this ordinance, in the City of Cedarburg. The boundaries were determined from use of the Wisconsin Wetland Inventory Map for the City of Cedarburg, dated May 10, 1989, and stamped "FINAL". Any wetlands which are filled prior to the date on which the City of Cedarburg received the final Wisconsin Wetland Inventory Map for the City of Cedarburg from the Wisconsin Department of Natural Resources in a manner which affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under Wis. Stats. § 62.231.
(b)
Permitted uses. (Also see section 13-1-225.) The following are permitted as a matter of right:
(1)
Hiking, fishing, trapping, swimming, and boating, unless prohibited by other ordinances and laws.
(2)
The harvesting of any 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 that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.
(3)
The practice of 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)
Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided they 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.
(c)
Conditional uses. (Also see section 13-1-226.) The following uses may be allowed by conditional use permit. The plan commission shall transmit a copy of each application for a conditional use in the shoreland portion of the C-1 Shoreland Wetland/Conservancy District to the Wisconsin Department of Natural Resources (DNR) at least ten days prior to the public hearing. Action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland C-1 Shoreland Wetland/Conservancy District conditional use permits shall be transmitted to the DNR within ten days of the effective date of such decision.
(1)
The construction of streets which are necessary for the continuity of the City street system, necessary for the provision of essential utility and public safety services or necessary to provide access to permitted open space uses in the C-1 Shoreland Wetland/Conservancy District, provided that:
a.
The street cannot, as a practical matter, be located outside a wetland; and
b.
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:
1.
The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;
2.
Street construction activities are to be carried out in the immediate area of the roadbed only; and
3.
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the street.
(2)
The establishment and development of public and private parks and recreation areas, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas in C-1 Shoreland Wetland/Conservancy District, provided that:
a.
Any private recreation or wildlife habitat area must be used exclusively for that purpose;
b.
No filling is to be done; and
c.
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purposes of improving wildlife habitat or to otherwise enhance wetland values.
(3)
The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines, and related facilities in the C-1 Shoreland Wetland/Conservancy District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members, provided that:
a.
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside a wetland; and
b.
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
(4)
The construction and maintenance of railroad lines in the C-1 Shoreland Wetland/Conservancy District, provided that:
a.
The railroad lines cannot, as a practical matter, be located outside a wetland; and
b.
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
(d)
Prohibited uses. The following uses are prohibited uses in the C-1 Shoreland Wetland/Conservancy District:
(1)
Any use not listed as a permitted use or a conditional use is prohibited in the C-1 Shoreland Wetland/Conservancy 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 waters are prohibited.
(e)
Nonconforming uses, structures, and lots. (See article G.)
(f)
Site plan review. (See article F.)
Sec. 13-1-65 - C-2 Non-Shoreland Conservancy District.
(a)
Purpose. The C-2 Non-Shoreland Conservancy District is intended to preserve, protect, and enhance the ponds, streams, and wetlands areas of the City of Cedarburg that are located beyond the boundaries of the C-1 Shoreland Wetland/ Conservancy District. 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 sources of the city.
(b)
Permitted uses. (Also see section 13-1-225.) The following are permitted as a matter of right:
(1)
Hiking, fishing, trapping, swimming, and boating, unless prohibited by other ordinances and laws.
(2)
The harvesting of any 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 that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.
(3)
The practice of 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)
Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided they 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.
(c)
Conditional uses. (Also see section 13-1-226.) The following uses may be allowed by conditional use permit:
(1)
The construction of streets which are necessary for the continuity of the city street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-2 Non-Shoreland Conservancy District, provided that:
a.
The street cannot, as a practical matter, be located outside a wetland; and
b.
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:
1.
The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;
2.
Street construction activities are to be carried out in the immediate area of the roadbed only; and
3.
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the street.
(2)
The establishment and development of public and private parks and recreation areas, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas in C-2 Non-Shoreland Conservancy District, provided that:
a.
Any private recreation or wildlife habitat area must be used exclusively for that purpose;
b.
No filling is to be done; and
c.
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purposes of improving wildlife habitat or to otherwise enhance wetland values.
(3)
The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines, and related facilities in the C-2 Non-Shoreland Conservancy District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members, provided that:
a.
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside a wetland; and
b.
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
(4)
The construction and maintenance of railroad lines in the C-2 Non-Shoreland Conservancy District, provided that:
a.
The railroad lines cannot, as a practical matter, be located outside a wetland; and
b.
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
(5)
Stormwater management systems including drainage channels and swales, detention and retention ponds, and associated stormwater management facilities, provided that the plan commission has reviewed and approved a stormwater management plan for the proposed site. The stormwater management plan shall contain all information that the city engineer may need to determine runoff rates and volumes, and their control. Such plans may include, as may be appropriate, profiles and cross-sections, design assumptions, and hydraulic design computations for proposed stormwater management facilities. The plan commission may impose time schedules for the completion of drainage facilities and may require appropriate sureties to guarantee that proposed facilities are constructed in accordance with approved plans and time schedules.
(d)
Prohibited uses. No structures, except necessary components of drainage facilities, are permitted in the C-2 Non-Shoreland Conservancy District.
(e)
Nonconforming uses, structures, and lots. (See article G.)
(f)
Site plan review. (See article F.)
13-1-66—13-1-68 - Reserved.
Editor's note— Ord. 2023-12, adopted Aug. 28, 2023, repealed §§ 13-1-66—13-1-68, which pertained to floodplain, floodway, and floodfringe districts and derived from Ord. No. 2007-02; Ord. No. 2007-27.
Sec. 13-1-69 - PUD Planned Unit Development Overlay District.
(a)
Purpose.
(1)
The PUD Planned Unit Development Overlay District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic, to provide attractive recreation and open spaces as integral parts of the development, to enable cost effective design in the location and use of public and private utilities and community facilities, and to ensure adequate standards of construction and planning. The PUD Planned Unit Development Overlay District under this ordinance will allow for flexibility in overall development design to accommodate development, redevelopment and rehabilitation of property that will serve the best interests of the city. The use of the PUD District shall be subject to regulatory standards as necessary to be consistent with the direction set forth in the City of Cedarburg Smart Growth Comprehensive Land Use Plan - 2025, and components thereof.
(2)
The unified and planned development of a site in a single, partnership, or corporate ownership or control, or in common ownership under the Unit Ownership Act set forth in Wis. Stats. ch. 703 (condominiums) may be permitted by the city upon specific petition, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section of the chapter have been met.
(b)
Permitted, accessory and conditional uses. Any use permitted in the underlying basic use district or other overlay districts.
(c)
Minimum area requirements. Areas designated as PUD Planned Unit Development Overlay Districts shall be under single or corporate ownership or control and shall contain a minimum development area as follows:
(d)
Density requirements. Only one of three possible levels of residential density shall be allowed in specific PUD Districts:
(1)
The number of dwelling units allowed as a permitted use in the underlying zoning district; or
(2)
The number of residential dwelling units allowed as a conditional use in the underlying zoning district; or
(3)
The number of residential dwelling units allowed where an increased density is allowed in recognition of a project of exceptionally high overall quality as provided below.
(e)
Increased density justification.
(1)
If, notwithstanding dimensional differentials, a proposed project uniformly contains exterior and interior materials, design details, workmanship and features of an exceptionally high quality that emulates the historic character of Cedarburg and/or the immediate neighborhood, an "increased density" for residential dwelling units may be recommended by the plan commission and approved by the common council as part of the original PUD District approval process.
(2)
If granted, the increased density level of a residential use shall be in lieu of any other possible residential density.
(3)
An increased density shall constitute a discretionary number of residential units based on the following criteria for consideration/recommended by the plan commission and approved by the common council:
a.
Whether the project will provide better utilization of the land than would otherwise be realized if the site were developed with the density requirements of the underlying district or as a PUD without an increased density.
b.
Whether the project makes adequate provisions 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 proposed project.
c.
Whether the structures proposed for the project are harmonious with existing nearby structures and land uses.
d.
Whether building materials 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.
Whether the proposed project will result in the construction or upgrading of specific public infrastructure improvements that will benefit the public at no cost to the city.
f.
Whether the proposed project will enhance an existing structure that is deemed beneficial to the character of the neighborhood where it is situated.
(f)
Lot area and width. The lot area and lot width requirements of the underlying base zoning district may be modified if deemed appropriate by the common council following recommendation by the plan commission, provided that lot sizes are adequate to accommodate all proposed buildings and site features.
(g)
Building height and area.
(1)
the common council following recommendation by the plan commission may allow an increase in allowable building heights if it is determined that such an increase is warranted to support the public benefit likely to result from the proposed development.
(2)
The floor area ratio (F.A.R.) and lot coverage percentage (L.C.P.) for the principal buildings and accessory buildings shall be established on a case-by-case basis as an element of a residential PUD Planned Unit Development project at the time of the final plat approval.
(h)
Setback and yards. Setbacks and yards required by the underlying base use zoning district may be modified in PUD Planned Unit Development Overlay Districts if deemed appropriate by the common council following recommendation by the plan commission.
(i)
Procedure.
(1)
Concept review.
a.
Prior to official submittal of the petition for approval of the designation of a PUD Planned Unit Development Overlay District, the owner or his agent making such petition shall meet with the city plan commission or its staff and provide sufficient written details and drawings concerning the scope and nature of the contemplated development as necessary to permit an adequate staff review.
b.
Staff review will involve all city departments in an assessment of the feasibility and potential impacts of the project on city infrastructure and resources as well as its conformity with the provisions of the city Zoning Code.
c.
The purpose of conceptual review is solely to allow for discussion and feedback about a possible project regarding issues that may have to be addressed in the event a petition is submitted.
d.
Discussion and feedback about the proposed nature and scope of the proposed project at the conceptual review by city staff and the plan commission shall be nonbinding commentary and shall not, under any circumstance, vest any party with any right with respect to any development proposed or discussed.
(2)
The petition. Following the concept review, the owner or his agent may file a petition with the city clerk for an amendment to the city's zoning district map designating and adding a PUD Planned Unit Development Overlay District to the underlying basic use or other overlay zoning district, thereby permitting the application of the provisions of this section to the designated area. Such petition shall be accompanied by a fee as required under section 13-1-230 of this chapter, as well as the following information:
a.
A statement that sets forth the relationship of the proposed PUD Planned Unit Development Overlay District to the city's adopted Smart Growth Comprehensive Land Use Plan - 2025 or any adopted component thereof and the general character of and the uses to be included in the proposed PUD Planned Unit Development Overlay District, including the following information as applicable:
1.
Total area to be included in the PUD Planned Unit Development Overlay District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development. In addition, said petition shall include all data required for land division pre-application by title 14 "Land Division and Subdivision Regulations," of the City of Cedarburg Code of Ordinances.
2.
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
3.
A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services and to determine the manner in which the owners management's association will participate in the formulation and execution of the development agreement.
4.
Any proposed departures from the standards of development as set forth in the city zoning regulations, land division ordinance, sign ordinance, other city regulations or administrative rules, or other universal guidelines.
5.
A development timetable, including all benchmark dates from commencement to completion of the physical development of the proposed project.
b.
A general development plan which shall include, in addition to those site plan and architectural review requirements set forth in article F of this chapter, the following as applicable:
1.
A preliminary plat, condominium plat or certified survey map illustrating the plan of development of the PUD Planned Unit Development Overlay District. Said preliminary plat, condominium plat or certified survey map shall include all additional information as required by title 14 "Land Division and Subdivision Regulations" City of Cedarburg Code of Ordinances.
2.
A legal description of the boundaries of lands included in the proposed PUD Planned Unit Development Overlay District.
3.
A description of the relationship between the lands included in the proposed PUD Planned Unit Development Overlay District and the surrounding properties.
4.
The location of public and private roads, driveways, and parking facilities and the calculations used to justify the number of spaces proposed.
5.
The size, arrangement, and location of any individual building site and proposed building groups on each individual lot.
6.
The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.
7.
The type, size, and location of all structures.
8.
General landscape treatment.
9.
Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.
10.
The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater drainage facilities.
11.
The existing and proposed location of all private utilities or other easements.
12.
Characteristics of soils related to contemplated specific uses.
13.
Existing topography on the site with contours at no greater than two foot intervals National Geodetic Vertical Elevation.
14.
Anticipated compatibility with existing adjacent land uses.
15.
If the development is to be staged, a staging plan.
(j)
Land divisions. Any proposed division that results in a subdivision or any division of land other than a subdivision that is part of the proposed PUD Planned Unit Development Overlay District shall be subject to the requirements of title 14 "Land Division and Subdivision Regulations" of the City of Cedarburg Code of Ordinances.
(k)
Referral to plan commission. The petition for a PUD Unit Development Overlay District shall be referred to the plan commission for its review and recommendation. The plan commission may add any additional conditions or restrictions which may deem necessary or appropriate to promote the spirit and intent of this chapter and the purpose of this section.
(l)
Public hearing. Upon receipt of the plan commission's recommendation, the common council shall, before determining the disposition of the petition, hold a public hearing pursuant to the provisions of article I of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
(m)
Basis for approval.
(1)
The plan commission in making its recommendations, and the common council, in making its determination, shall consider:
a.
Whether the petitions for the proposed PUD Planned Unit Development Overlay District has indicated that they intend to begin the physical development of the designated PUD Planned Unit Development Overlay District within 12 months following the approval of the petition for a PUD Planned Unit Development Overlay District and a development timetable, including all benchmark dates from commencement to completion of the physical development of the proposed project.
b.
Whether the proposed PUD Planned Unit Development Overlay District is consistent in all respects to the purpose of this Section and to the spirit and intent of this Chapter; is in conformity with the Comprehensive Land Use Master Plan - 2025 or component plans thereof for community development; would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood; and that the benefits and improved design of the resultant development justifies the establishment of a PUD Planned Unit Development Overlay District.
c.
The plan commission and the common council shall not give their respective recommendations or approvals unless it is found that:
1.
The proposed site shall be provided with adequate drainage facilities for surface and storm waters.
2.
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.
3.
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.
4.
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 and administrative regulations of the city.
5.
Public water and sewer facilities shall be provided.
6.
The entire tract or parcel of land to be included in a PUD shall be held under single ownership, or if there is more than one owner, the petition for such PUD shall be considered as one tract, lot or parcel, and the legal description must define said PUD as a single parcel, lot or tract and be so recorded with the Register of Deeds for Ozaukee County, and;
(2)
For Residential PUD Planned Unit Development Overlay Districts:
a.
Such development will create an attractive environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, access to recreation space, and coordination with overall plans for the neighborhood.
b.
The total net residential density within the PUD Planned Unit Development Overlay District will be compatible with the city's Smart Growth Comprehensive Plan - 2025 and/or the average density permitted in the underlying basic use district.
c.
Provisions have been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
d.
Provisions have been made for adequate and continued fire and police protection.
e.
The population composition of the development will not have an adverse effect upon the community's capacity to provide needed schools or other municipal service facilities.
f.
Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservations and maintenance or by dedication to the public.
(3)
For Commercial PUD Planned Unit Development Districts:
a.
The economic practicality of the proposed development can be justified.
b.
The proposed development will be adequately served by off-street parking and truck service facilities.
c.
The proposed development shall be adequately provided with and shall not overburden public services and facilities, such as fire and police protection, street and public area maintenance.
d.
The locations for 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 an adverse effect upon the general traffic pattern of the surrounding neighborhood.
e.
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.
(4)
For Industrial PUD Planned Unit Development Overlay Districts:
a.
The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standard and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.
b.
The proposed development shall be adequately provided with and shall not overburden public services and facilities, such as fire and police protection and street maintenance and public area maintenance.
c.
The proposed development will include adequate provision for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
d.
The proposed development will not adversely affect the safety and efficiency of city's public streets and overall transportation system.
(5)
For Mixed use PUD Planned Unit Development Overlay Districts:
a.
The proposed mixture of uses produces a unified composite which is compatible within the underlying zoning districts and which, as a total development entity, is compatible with the surrounding neighborhood.
b.
The various types of uses conform to the general requirements as herein before set forth.
c.
The proposed development shall be adequately provided with and shall not overburden public services and facilities, such as fire and police protection, and street and public area maintenance.
(n)
Development agreement.
(1)
The city's review and approval process shall be conditioned on the execution by the common council and the applicant of the development agreement approved by the common council with its approval embodying all of the terms and conditions of the specific project plan and any additional terms of implementation.
(2)
The development agreement shall be submitted to the plan commission for its recommendation prior to approval by the common council and shall include without limitation:
a.
Timetables for performance/completion of improvements;
b.
Performance requirements and standards and assurances for all improvements and/or modifications pertaining to the PUD;
c.
Inspection requirements;
d.
Prohibition on any division/combination of real estate lots included within the PUD District except as otherwise provided, including an exception for residential condominium units;
e.
Provisions for lapsing of specific plan approval and automatic reversion of the zoning status of the property to non-PUD District status upon specific changes of circumstances or failure of the project to materialize as agreed to in the development agreement;
f.
Agreements, bylaws, provisions and/or covenants or additional deed restrictions to be recorded against the lot(s) within the PUD District that will perpetually govern the organizational structure, use, maintenance and continued preservation and protection of the project and any of its common services, common open areas and/or other facilities;
g.
Exhibits, drawings or other attachments that depict improvements, including but not limited to structures, fixtures and landscaping and their relative locations in the development area as well as design and engineering details as necessary to document to a reasonable degree of specificity the type, character and nature of improvements to be made within the development area.
(o)
Disposition of the petition.
(1)
General approval. After the public hearing and due consideration, the common council shall approve the petition as submitted or approve the petition with modifications by additional conditions and restrictions or deny the rezoning petition of a PUD Planned Unit Development Overlay District. The approved preliminary plan shall designate the pattern of proposed streets and the size and arrangement of individual buildings. The approval of the petition shall be based upon the building, site, and operational plans for the development and shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses. Zoning permits may only be issued upon obtaining general approval of the petition for rezoning for a PUD Planned Unit Development Overlay District. Site and architectural plans submitted shall meet the requirements of article F of this chapter.
(2)
Detailed approval. Plans submitted for detailed approval shall be precise and contain all items as may be required by the plan commission. A letter of credit for all improvements shall be submitted before such approval is granted. Detailed approval of the plans for each stage of development shall be required before building permits will be issued for the construction of the structures which are included in the plans for that stage of development.
(3)
Changes or additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the city plan commission and if in the opinion of the city plan commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city common council shall be required and notice thereof be given pursuant to the provisions of section 13-1-229 of the Zoning Code.
(4)
Termination. If a building permit is not issued within one year of receiving the PUD zoning, the PUD district zoning for the property shall be automatically discontinued and replaced with the zoning designation that existed prior to the PUD rezoning.
(Ord. No. 2015-08)
Sec. 13-1-70 - HPD Historic Preservation Overlay District.
(a)
Purpose. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the citizens of the city. The purpose of the HPD Historic Preservation Overlay District is to effect and accomplish the protection, enhancement, and perpetuation of such improvements and of districts which represent or reflect elements of the city's cultural, social, economic, political, and architectural history; safeguard the city's historic and cultural heritage, as embodied and reflected in such landmarks and historic districts; stabilize and improve property values; foster civic pride in the beauty and noble accomplishments of the past; protect and enhance the city's attractions to residents, tourists, and visitors for education, pleasure, and general welfare; and serve as a support and stimulus to business and industry; and strengthen the economy of the city. The requirements of this section shall be applicable to all properties located within the Historical Preservation Overlay District and to all designated local landmarks.
(b)
Permitted uses. (Also see section 13-1-225.) Any use permitted in the underlying basic use district. The compilation of all uses (except those specifically listed as 'permitted' in the underlying zoning district) within and throughout all existing and new buildings and sites in the HPD district, as well as all designated local landmarks/sites, shall require review and recommendation by the landmarks commission to the plan commission and/or staff as applicable. Except as may be noted otherwise herein, any exceptions to the bulk, spatial, height, and accessory structure regulations applicable to/in the underlying zoning district of a designated local landmark shall require review and recommendation by the Landmarks Commission to the Plan Commission and/or staff as applicable.
(c)
Conditional uses. (Also see section 13-1-226.) Any conditional use permitted in the underlying basic use district The compilation of all uses (except those specifically listed as 'permitted' in the underlying zoning district) within and throughout all existing and new buildings and sites in the HPD district, as well as all designated local landmarks/sites, shall require review and recommendation by the Landmarks Commission to the plan commission and/or staff as applicable. Except as may be noted otherwise herein, any exceptions to the bulk, spatial, height, and accessory structure regulations applicable to/in the underlying zoning district of a designated local landmark shall require review and recommendation by the landmarks commission to the plan commission and/or staff as applicable.
(d)
Lot area and width. (Also see article E.) Lot area and width shall conform to the requirements in the underlying basic use district.
(e)
Building height and area. (Also see article E.) Building height and area shall conform to the requirements in the underlying basic use district.
(f)
Setback and yards. (Also see section 13-1-27 and article E.) All buildings shall conform to the setback and yard requirements of the underlying basic use district.
(g)
Traffic, Loading, Parking, and Access. (See article D.)
(h)
Nonconforming uses, structures, and lots. (See article F.)
(i)
Performance standards. (See article H.)
(j)
Signs. (See title 15, chapter 5 of the Code of Ordinances.) All signs in the HPD and on the site or structure of any designated local landmark shall be subject to review and approval by the landmarks commission prior to issuance of a sign permit.
(k)
Site plan review. (See article E.) All site plans in the HPD or pertaining to the site of any designated local landmark shall be subject to review and recommendation by the landmarks commission with final approval to be considered and approved by the plan commission.
(l)
Architectural review. (See article E.) All plans for construction, repair, maintenance, alteration, demolition, design, remodeling, reconstruction, painting colors, roofing type and colors for any structures in the HPD or any structure that is a designated local landmark shall be subject to review and approval by the landmarks commission prior to issuance of any required permits and prior to the start of work on the building or site.
(m)
Landmarks commission review and recommendation. No permit for construction, repair, maintenance, alteration, demolition, design, remodeling, reconstruction, painting colors, roofing type and colors, in the HPD shall be issued and no lands shall be removed from the HPD district until the landmarks commission has reviewed the application or petition and has recommended approval, approval with conditions, or denial of the application or petition.
(n)
Designation of landmarks structures, landmark sites, and historic districts.
(1)
The landmarks commission, may designate local landmarks structures, landmark sites, and historic districts within the city.
Such designation shall be based upon the criteria established in this article. Appropriate records, including photographs and plans, shall be kept as a part of the city's official zoning file.
(2)
A landmark structure, landmark site, or historic district designation may be placed on any site, natural or improved, including any building, improvement, or structure located thereon, or on any area of particular historic, architectural, or cultural significance to the City of Cedarburg, such as historic structures or sites which:
a.
Exemplify or reflect the broad cultural, political, economic, or social history of the nation, state, or community; or
b.
Are identified with historic personages or with important events in national, state, or local history; or
c.
Embody the distinguishing characteristics of an architectural-type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or
d.
Are representative of the notable work of a master builder, designer, or architect whose individual genius influenced his age.
(o)
Limitation on structural or appearance changes.
(1)
Structural changes shall be regulated in the following manner:
a.
Certificate of appropriateness required. There shall be no alteration in the architectural appearance of any designated local landmark or any structure within the HPD district without the review and approval of plans for such alteration by the landmarks commission. For the purpose of this section, alterations shall include any change such as with respect to construction, repair, maintenance, alteration, demolition, design, remodeling, reconstruction, painting colors, roofing type and colors. The landmarks commission shall make its determination within 60 days of the filing of the application for a certificate of appropriateness.
b.
Basis for approval. No change to any designated local landmark or any structure within the HPD district such as with respect to construction, repair, maintenance, alteration, demolition, design, remodeling, reconstruction, painting colors, roofing type and colors shall be permitted that would tend to destroy or impair the particular character and quality of the landmark or HPD district. No change or alteration of a landmark, landmark site, or historic district shall be permitted which destroys, seriously impairs, or significantly alters its character in terms of its historical or architectural interest.
c.
Repairs or destruction. Notwithstanding the provisions of article G regarding nonconforming use and nonconforming structures, total lifetime structural repairs, restoration, or alteration of a preservation structure, which may be a nonconforming structure or nonconforming use, may exceed 50 percent of the assessed value if the landmarks commission determines that the structure will be repaired, restored, or altered in such a way as to maintain the character of the designated structure or the character of the HPD district without significant alteration or change in such character. No person in charge of a landmark structure or site in an HPD district shall be granted a permit to demolish such structure or site without prior review and approval of the landmarks commission.
d.
Upon receipt of a favorable recommendation from the landmarks commission, the plan commissions may waive or modify the maximum height limitation of a new or substantially modified accessory structure if it is located the HPD or is a designated local landmark.
(Ord. No. 2003-19; Ord. No. 2015-08; Ord. No. 2025-19, § I(Exh. C), 3-31-25)
Sec. 13-1-71 - CEG Community Exhibition Grounds District.
(a)
Purpose. The CEG District is a special-purpose zoning district intended to provide for areas where exhibition ground uses can be carried out. This district is intended to allow uses of an active recreation nature and uses conducted by community groups and civic entities. To qualify for this district, lands must be owned by a community-based, non-stock, not-for-profit organization or governmental entity or agency thereof. Because uses in the CEG District can impact surrounding properties, the noise and activities associated with all outdoor permitted uses and conditional uses shall be conducted in a manner that does not cause a public nuisance. Development within the CEG District shall be in a manner that is consistent with the City of Cedarburg Smart Growth Comprehensive Land Use Plan - 2025, and components thereof.
(b)
Permitted uses.
(1)
Archery ranges, indoor.
(2)
Arenas, barns, field houses, stadiums, auditoriums.
(3)
Assembly areas and meetings for community and business groups.
(4)
Athletic/sporting events, practices and facilities.
(5)
Carnivals, circuses.
(6)
Dog, horse, livestock shows, and petting zoos.
(7)
Educational activities related to small animals.
(8)
Exhibitions, conventions, trade shows, and family, community, school and church events.
(9)
Fairs, including associated agricultural-related buildings, community meeting or recreational buildings and uses, music concerts, food booths and stands, games, rides, sales and auctions, demolition derbies.
(10)
Festivals and picnics.
(11)
Fire department training and demonstrations.
(12)
Haunted houses.
(13)
Horse shows, stables and riding rings.
(14)
Indoor professional/business conferences.
(15)
Indoor weddings and receptions.
(16)
Maxwell Street Days.
(17)
Remodeling and normal maintenance of permitted uses not requiring expansion, enlargement or extensions.
(18)
Sales and display of new and used merchandise, including food sales.
(19)
Trade shows, boat shows, storage and display.
(20)
Training and educational activities for community or governmental entities.
(21)
Vehicle storage, shows and displays.
(c)
Permitted accessory uses.
(1)
Buildings and structures accessory to permitted and conditional uses.
(2)
Off-street parking and loading areas.
(3)
Food sales (excluding restaurants) only in conjunction with other permitted and conditional uses.
(4)
Overnight camping associated with permitted and conditional uses.
(d)
Conditional uses.
(1)
Outdoor archery ranges.
(2)
Outdoor music concert events not part of permitted uses at the Fairgrounds or at Firemen's Park.
(e)
Lot area and width. (See Table 13-1-71.)
(f)
Setback and yards. (See Table 13-1-71.)
(g)
Building height. (See Table 13-1-71.)
(h)
Traffic, loading, parking and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Municipal Code.)
(l)
Site plan review. Required. (See article F.)
(m)
Architectural review. Required. (See article F.)
TABLE 13-1-71
CEG COMMUNITY EXHIBITION GROUNDS DISTRICT
Development Standards
(a) Lots in the CEG District shall provide sufficient area for principal permitted uses, principal structures, and accessory structures, loading areas, and all required yards.
(b) Existing buildings are exempt from the setback requirement and shall be considered conforming as located.
(c) No minimum side yard offset shall be required; however, where a side yard offset is provided, it shall be not less than ten feet.
(d) The minimum setback of any building in the CEG District shall be ten feet from interior lot lines, or 100 feet from any adjacent residential building, excluding garages and sheds, whichever is greater.
(e) Outdoor uses and activities in the CEG District shall be carried on not less than five feet from any adjacent residentially-zoned lot.
(Ord. No. 2013-02)
Sec. 13-1-72 - Office, Service and Limited Manufacturing District (OSLM).
(a)
Purpose. The OSLM District is intended to provide for the development of office, service and limited manufacturing uses which may be located on infill sites near existing residential areas and not in industrial or business parks. The primary distinguishing features of this district are its emphasis on indoor service and manufacturing operations, which would minimize nuisances to nearby residences; and a requirement for 50 percent open space to provide buffer yards, which are required adjacent to residential districts. The physical and operational characteristics of uses in this district are based on performance standards which would not be detrimental to the public health, safety or welfare or detrimental to the surrounding area as a result of noise, vibration, external lighting, odor, particulate emissions, other visible emission, hazardous pollutants, traffic, physical appearance, or other similar factors. Uses in the district are also intended to provide ample off-street parking and loading areas, and landscaped planting screens in those areas adjacent to or abutting residential or other non-commercial uses, to prevent adverse effects upon the adjoining areas.
(b)
Permitted uses. (Also see Section 13-1-225.)
(1)
Business, professional, clerical, or general offices.
(2)
Uses providing a service in which noise, vibration, heat, or flash produced on the premises by such service uses are entirely confined within a building at all times. Any odors produced or emitted must meet applicable federal and state regulations for air emissions.
(3)
Uses involving the manufacture and fabrication of goods entirely within the confines of a building and in which any noise, vibration, heat or flash produced in any process are confined within the building at all times. Any odors produced or emitted in any process must meet applicable federal and state regulations for air emissions. See the performance standards for the OSLM District in subsection (r).
(4)
Research laboratories with indoor operations at all times.
(5)
Essential services as defined in section 13-1-240 of the Code of Ordinances.
(c)
Permitted accessory uses.
(1)
Off-street parking and loading areas.
(2)
Garages or buildings used for the storage of vehicles which are used in conjunction with the operation of a permitted use.
(3)
Ground-mounted and building-mounted dish antennae with prior approval by the plan commission.
(4)
Food service areas or cafeterias incidental to permitted use, but not restaurants.
(5)
Outdoor storage of materials or manufactured products, trucks, trailers and equipment accessory to the principal use. All such outdoor storage areas shall be screened from view from nearby public streets and from nearby residential areas in accord with a site plan requiring such screening or fencing.
(6)
Storage, power supply, and other uses normally accessory to the principal use.
(d)
Conditional uses. The following uses may be permitted only if approved by the plan commission in accordance with the provisions of section 13-1-226, which contains standards to guide the plan commission in determining whether or not to grant approval of such uses:
(1)
Indoor athletic facilities.
(2)
Communication towers and antennas.
(3)
Day care facilities.
(4)
Medical clinics.
(5)
Veterinary offices and small animal hospitals without outdoor kennels.
(6)
Banks, credit unions, and similar financial institutions.
(7)
Retail sales of products integral with and incidental to a service or manufacturing business located on the same premises.
(8)
Bulk mail receiving, forwarding and storage.
(9)
Public or municipal buildings.
(10)
Public utility structures.
(11)
Buildings for the storage of goods and materials, where such goods or materials are stored inside a building, including self-service storage facilities (mini-warehouses).
(12)
Car and truck servicing and repair, car and truck rental services, and car and truck washing. Any outdoor vehicle storage areas shall be screened.
(e)
Existing conditional uses. Uses in the OSLM District existing prior to the effective date of this amendment which are listed above as conditional uses shall be considered as legal conditional uses without further action. However, any proposed change to their operation shall be subject to review and approval in accord with section 13-1-226, as if such uses were being established anew.
(f)
Prohibited uses. The following uses are specifically prohibited from the district:
(1)
Churches, synagogues, schools, or similar institutional uses or places of religious worship.
(2)
Drop forges, all foundries, grain elevators, refineries, tanneries.
(3)
Stockyards, slaughterhouses, rendering plants, asphalt and concrete plants.
(4)
Fertilizer storage or packaging.
(5)
Principal uses involving the storage, utilization, or manufacture of hazardous materials or products which decompose by detonation.
(6)
Storage and dispensing of fuels and petroleum products.
(7)
Retail uses and wholesale buying clubs unrelated to products manufactured on the premises.
(8)
Restaurants, but not prohibiting food service areas or cafeterias incidental to a permitted use.
(9)
Truck terminals.
(10)
Contractor's yards and the outdoor storage of construction equipment.
(11)
New and used car and truck sales.
(12)
Solid or liquid waste disposal, dumping, incineration, medical waste storage or disposal, or similar waste management uses.
(13)
All types of residential uses, except guard's quarters.
(14)
Planing mills and sawmills.
(g)
Performance standards. Uses in the OSLM District shall comply with the provisions and performance standards set forth in subsection (r).
DIMENSIONAL REQUIREMENTS
(h)
Number of buildings per lot. Each lot shall contain a maximum of one principal building. There shall be no limit on the number of accessory buildings provided the lot coverage/open space requirements described in subsection (i) are complied with.
(i)
Lot area and width.
(1)
Lots shall be a minimum of 20,000 square feet in area.
(2)
Lots shall be a minimum of 100 feet in width.
(j)
Lot coverage and open space. To achieve an attractive appearance and to provide green areas for stormwater management and buffer yards for nearby residential areas, lot coverage by buildings, accessory structures, and surface parking and driveways shall occupy a maximum of 50 percent of the lot area. Open space not covered by buildings, accessory structures, and surface parking and driveways shall occupy a minimum of 50 percent of the lot area. The open space may include stormwater retention/detention areas.
(k)
Setback and yards.
(1)
A minimum street yard setback of 25 feet from any existing or planned public street right-of-way shall be required. However, where the site is adjacent to or abutting a residential district, the street yard setback shall be a minimum of 50 feet.
(2)
There shall be a minimum interior side yard setback of not less than 25 feet on a side.
(3)
There shall be a minimum rear yard setback of not less than 25 feet.
(4)
Side yard setbacks or rear yard setbacks adjacent to or abutting a railroad right-of-way may be reduced to a minimum of not less than ten feet to accommodate a rail siding loading area.
(5)
Accessory uses, accessory buildings or accessory structures shall be located in side or rear yards only, and shall be setback a minimum of ten feet from a side or rear lot line.
(6)
Outdoor storage areas shall be located in side or rear yards only, and shall be setback a minimum of ten feet from a side or rear lot line.
(7)
Parking lots located in side or rear yards shall be setback a minimum of ten feet from a side or rear lot line. This includes parking lots in corner lot side yards.
(8)
Parking lots located in front yards shall be set back a minimum of 25 feet from the street right-of-way line.
(9)
Setbacks and buffer yards adjacent to residential districts. On OSLM Districts lots adjacent to or abutting a residential district, all outdoor storage areas, outdoor operations, accessory buildings, or accessory uses including parking lots shall provide a greater setback to provide a buffer yard. Any such uses shall be setback a minimum of 25 feet from a property line adjacent to or abutting a residential district. The buffer yard area shall be landscaped or fenced, or a combination thereof, to screen such uses in accord with a site plan requiring such screening or fencing.
(l)
Building height. No new building or parts of a new building shall exceed 35 feet in height. Accessory buildings or structures shall not exceed 15 feet in height.
Existing buildings in the OSLM District constructed prior to the date of adoption of this ordinance may exceed 35 feet in height, but shall not exceed 52 feet in height.
(m)
Parking, driveways, loading and storage areas. Parking facilities, driveways, and loading and storage areas shall be paved with either asphaltic concrete or Portland cement concrete prior to the occupancy of the building. Peripheral edge landscaping shall be installed around the edges of parking areas visible from public streets or residential areas.
(n)
Loading areas and docks, garbage and trash areas. Loading areas or docks shall be located in side or rear yards. No outdoor loading docks shall be allowed in the OSLM District. Outdoor garbage and trash areas shall be enclosed with a fence or wall of solid decorative material compatible with the principal building.
(o)
Exterior lighting. Exterior lighting shall meet the following criteria:
(1)
The emission of exterior light shall be directed away from nearby residential areas.
(2)
Exterior lights shall not flash, pulsate, nor impair or hinder vision on public streets or on adjacent properties.
(3)
Exterior lighting shall be located, oriented, and shielded and of an intensity so as to illuminate only the building or lot without adversely affecting activity on adjacent buildings, lots, or traffic on streets and highways.
(4)
Light poles shall not exceed 20 feet in height including base.
(5)
Exterior lighting shall meet the standards promulgated by the illuminating Engineering Society of North America.
(p)
Site plan and architectural approval required. No building, structure or improvement shall be constructed or placed on any lot, nor shall any building, structure or improvement be remodeled or altered until site and architectural plans for such improvements have been approved by the plan commission in accord with the requirements of article F relating to such site and architectural approvals.
(q)
Signs. See title 15, chapter 5, for the City Sign Code.
(r)
Performance standards.
(1)
Intent and compliance. It is the intent of this section to describe performance standards for the regulation of uses in the OSLM District to establish an objective and equitable basis for control and to insure that the community is adequately protected from potentially hazardous and nuisance-like effects. These performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or outside the OSLM District. In addition, these performance standards are intended to comply with other applicable local, state and federal codes and standards. All uses, structures, land, air and water in the OSLM District shall hereafter comply with the following performance standards.
(2)
Air emissions. Control of hazardous air pollutants, particulate emissions, or other air emissions shall be regulated by the Wisconsin Department of Natural Resources (DNR) and the Federal Environmental Protection Agency (EPA).
(3)
Control of odors. No operation or activities shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Ch. NR 429, Wis. Adm. Code.
(4)
Control of fire and explosive hazards.
a.
All uses involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire fighting and fire suppression equipment and devices as may be required by the Cedarburg Fire Department regulations.
b.
All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system.
c.
The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the Cedarburg Fire Department and in accord with its requirements to minimize fire and explosive hazards.
(5)
Glare, heat and external lighting.
a.
No operation or activity shall produce any intense lighting, glare or heat with the source directly visible beyond the boundary of the OSLM District. Operations producing light, glare or heat shall be conducted entirely within an enclosed building at all times.
b.
External lighting shall be shielded so that light rays do not adversely affect adjacent uses.
(6)
Water quality. Control of discharges affecting water quality standards shall be regulated by the DNR and the EPA.
(7)
Wastewater discharges to sewers. Operations in the OSLM District, which may discharge wastewater other than toilet wastewater to the Cedarburg Wastewater Treatment Plant, shall install a sampling manhole to allow monitoring of wastewater discharges and shall in all other respects comply with the sewer user regulations contained in this Code.
(8)
Noise. No operation or activity shall transmit any noise beyond the boundaries of the OSLM District so that it violates section 11-2-9 of the Code of Ordinances.
(9)
Vibration.
a.
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
b.
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
(Include Chapter NR429 - Malodorous Emissions and Open Burning)
(Ord. No. 98-15)
Sec. 13-1-73 - C-3 Shoreland Conservancy District.
(a)
Purpose. The C-3 Shoreland Conservancy District is intended to protect those portions of shoreland areas annexed into the city after May 7, 1982 and lying outside waterbodies, floodplains, and wetlands. In cases where the provisions of the Ozaukee County Shoreland Zoning Ordinance are more restrictive than those of this ordinance, the county regulations shall continue to apply, in accordance with Wis Stats. § 59.692. The county regulations shall be administrated and enforced by the City of Cedarburg Building Inspector. All permitted uses in the C-3 District shall be served by public sanitary sewer.
(b)
Permitted uses. The following are permitted as a matter of right:
(1)
Single-family dwellings.
(2)
Day care homes.
(3)
Foster family homes.
(4)
Community living arrangements that have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 60.63.
(5)
Essential services.
(c)
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Gardening, tool, and storage sheds incidental to the residential use.
(3)
Home occupations.
(4)
Ground-mounted and building-mounted earth station dish antennas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Community living arrangements with a capacity for nine or more persons, subject to Wis. Stats. § 60.63.
(2)
Utilities.
(e)
Lot area and width. (Also see article E.) Lots shall be a minimum of 15,000 square feet in area and shall be not less than 100 feet in width at the setback line, except for lots fronting on a cul-de-sac turnaround may have a minimum lot width of not less than 90 feet measured at the setback line.
(f)
Building height and area. (Also see article E.)
(1)
No principal building or parts of a building shall exceed 35 feet in height. No accessory building shall exceed 20 feet in height.
(2)
The total minimum floor area of a principal building shall be 1,600 square feet, excluding attached garage area.
(3)
The minimum first floor area of a two-story principal building shall be 1,000 square feet, excluding attached garage area.
(4)
A tri-level dwelling shall have a minimum floor area of 700 square feet per habitable level.
(5)
The sum total of the floor area of the principal building and all accessory buildings shall not exceed 25 percent of the lot area.
(g)
Setback and yards. (Also see section 13-1-27 and article E.)
(1)
There shall be a minimum building setback of 30 feet from the right-of-way of all streets.
(2)
There shall be a side yard on each side of all principal buildings of not less than 15 feet in width.
(3)
There shall be a rear yard of not less than 30 feet.
(4)
There shall be a shoreyard setback of not less than 75 feet from the ordinary high-water mark of a navigable body of water.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Removal of shoreland cover. Tree cutting and shrubbery clearing within shoreland areas shall be regulated as set forth below to protect natural beauty, control erosion, and reduce the flow of effluents, sediments, and nutrients from the shoreland area into adjoining waterbodies:
(1)
No more than 30 feet in any 100 feet, measured along the ordinary highwater mark, shall be clear-cut within the area parallel to the ordinary highwater mark and extending 35 feet inland from that mark.
(2)
Natural vegetation shall be preserved to the extent practicable and, where removed, shall be replaced with other vegetation that is equally effective in controlling runoff, erosion, and sedimentation, and preserving natural beauty.
(3)
Roads, paths, and trails shall be constructed and maintained in a manner that controls runoff, erosion, and sedimentation and shall be designed and constructed to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Paths and trails shall not exceed ten feet in width.
(4)
The tree and shrubbery cutting regulations specified in subsections (1) through (3) shall not apply to the removal of dead, diseased, or dying trees and shrubbery.
(5)
From the inland edge of the area within 35 feet of the ordinary highwater mark to the outer edge of the shoreland, the cutting of trees and shrubbery shall be allowed when accomplished using accepted forest management and soil conservation practices.
(Ord. No. 2000-45)
Sec. 13-1-74 - C-4 Upland Conservancy Overlay District.
(a)
Purpose. The C-4 Upland Conservancy Overlay District is intended to preserve, protect, enhance, and restore all significant woodlands, wildlife habitat areas, areas of rough topography, and related scenic areas located within upland portions of the primary environmental corridor. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the city.
(b)
Permitted uses. The following are permitted as a matter of right:
(1)
Any use of land, except development involving structures, that is permitted in the underlying basic use district, providing that such development does not destroy the natural resource features protected by the C-4 District.
(2)
Forest and game management.
(3)
Park and recreation areas.
(4)
Preservation of scenic, historic, and scientific areas.
(5)
Recreational trails.
(c)
Conditional uses. (Also see section 13-1-226.) Any permitted use, permitted accessory use, or conditional use permitted in the underlying basic district, including structural uses, providing that the development will serve to implement the purpose and intent of the C-4 District and foster the preservation of woodland, wildlife habitat, rough topography, and scenic areas. To this end, the city plan commission may permit the transfer of densities within the property boundaries of a given project. Individual lot sizes and per-unit lot areas may be reduced, provided that the density of the project does not exceed the maximum density permitted in the underlying basic use district. The city plan commission shall require appropriate legal measures to ensure that the open spaces and natural resource elements preserved by the transfer of density will be inviolate.
(d)
Tree cutting and shrubbery clearing only by permit in accord with a cutting plan with certain exceptions. A tree cutting and clearing permit is required for tree cutting and shrubbery clearing on all wooded lands within the C-4 Upland Conservancy Overlay District. An application for a tree cutting and clearing permit shall include a cutting plan of the lot or aerial photo showing the location of trees and/or shrubbery to be removed. Notice of the application for such permit shall be mailed to owners of all lands located within 300 feet of the subject property. The cutting plan shall be reviewed by the city forester prior to being submitted for review by the plan commission as part of the permit process. The common council shall have final approval of the permit. Such removals may include the creation of sites for a residence, accessory buildings or other accessory uses, driveways, or view corridors facing adjacent waterways. Removals may also be done for forestry management purposes. The proposed cutting plan shall not cause undue erosion or destruction of scenic beauty. The cutting plan shall consider retaining some visual screening from waterways of any dwelling, accessory structures, and parking areas. The cutting plan may include replacement of removed trees and shrubbery with groundcover plantings to minimize erosion. The proposed tree cutting plan shall comply with the tree preservation requirements of the Cedarburg Municipal Code. A maximum of 30 feet removal of vegetation per each 100 feet of water frontage, or fraction thereof, may be permitted. Exceptions from the tree cutting and clearing permit requirement include the following activities:
(1)
Normal pruning, trimming, and shearing of trees and shrubs.
(2)
Removal of dead, diseased, dying and insect-infected trees and shrubs.
(3)
Removal of storm damaged trees and shrubs.
(4)
Removal of invasive species as identified by the State of Wisconsin Department of Natural Resources.
(5)
Emergency tree removals as authorized by the city forester.
(6)
Removals to accommodate construction of public paths and trails.
(7)
Removals to accommodate construction of public utilities.
(e)
Lot area and width. (Also see article E.) Lot area and width shall conform to the requirements in the underlying basic use district, except that any lot located entirely within the C-4 District shall have a minimum lot area of five acres and a minimum lot width of 300 feet at the setback line.
(f)
Building height and area. (Also see article E.) Building height and area shall conform to the requirements in the underlying basic use district.
(g)
Setback and yards. (Also see section 13-1-27 and article E.) Setback and yards shall conform to the requirements in the underlying basic use district.
(h)
Traffic, loading, parking, and access. (See article D.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
Performance standards. (See article H.)
(Ord. No. 2000-46; Ord. No. 2013-20)
Sec. 13-1-75 - A-1 Agricultural District.
(a)
Purpose. The A-1 Agricultural District is intended to maintain, enhance and preserve agricultural lands historically utilized for crop production and the raising of livestock. The district is further intent upon preventing the premature conversion of agricultural land to scattered residential, commercial and industrial uses.
(b)
Permitted uses. (See also section 13-1-225.)
(1)
Beekeeping.
(2)
Dairy farming.
(3)
Floriculture (cultivation of ornamental flowering plants).
(4)
Noncommercial grazing or pasturing.
(5)
Livestock raising, except feedlots in excess of 300 head and fur farms.
(6)
Orchards.
(7)
Plant nurseries.
(8)
Poultry raising, except commercial egg production.
(9)
Raising of grain, grass, mint, and seed crops.
(10)
Raising of tree fruits, nuts, and berries.
(11)
Sod farming.
(12)
Vegetable raising.
(13)
Viticulture (grape growing).
(14)
Existing dwellings not accessory to any farm operation or dwellings remaining after the consolidation of farms provided that such dwellings are located on a lot not less than two acres in area having a lot width of not less than 150 feet.
(15)
General farm buildings including barns, silos, sheds, and storage bins.
(16)
One single-family farm dwelling. One or more family members residing therein shall earn a substantial part of his or her income from the farm operation.
(17)
Essential services.
(c)
Permitted accessory uses.
(1)
Garages or carports.
(2)
Home occupations.
(3)
One roadside stand for selected farm products produced on the premises and not exceeding 150 square feet in floor area.
(4)
Forest and game management.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Airports, airstrips and landing fields provided the site area is not less than 20 acres.
(2)
Public or private recreational sports fields.
(e)
Parcel area and width. Parcels shall have a minimum area of ten acres and shall not be less than 300 feet in width.
(f)
Building height and area.
(1)
No farm buildings or parts of farm buildings shall exceed 100 feet in height.
(2)
No farm dwelling or part of a farm dwelling shall exceed 35 feet in height.
(3)
The total minimum floor area of a farm dwelling or other residential dwelling shall be 1,250 square feet with a minimum first floor area of 800 square feet.
(g)
Setback and yards.
(1)
There shall be a minimum building setback of 50 feet from the highway or road right-of-way.
(2)
A minimum shore yard of 75 feet from the highwater elevation of any navigable water shall be required.
(3)
There shall be a minimum side yard on each side of all structures not less than 20 feet in width.
(4)
There shall be a rear yard of not less than 25 feet.
a As per underlying basic use district requirements.
* Minimum shore yard of 75 (75) ft. from the highwater elevation of any navigable water shall be required.
NOTE: Zoning of annexed land shall be in compliance with the requirements of section 13-1-40(f).
All setbacks adjacent to wetlands must be 25 ft. for principal building including attached garages and decks adjacent to wetlands.
(Ord. No. 2001-44; Ord. No. 2010-10; Ord. No. 2011-03)
Sec. 13-1-76 - Mixed Use Infill District.
(a)
The MU-I District is intended to provide for a mixture of limited business and higher density residential uses which are located adjacent to or within a primary residential area in a manner that is consistent with the City of Cedarburg Comprehensive plan.
(b)
General requirements.
(1)
The use or structure(s) shall be architecturally, aesthetically, and operationally harmonious with nearby development.
(2)
All business, servicing, processing, or storage, except for off-street parking or loading, shall be conducted within completely enclosed buildings unless otherwise specifically approved by the plan commission.
(3)
Building expansions, site changes, or use changes shall be in accordance with article F of this chapter.
(4)
No land shall be used or structure erected where the use or structure will result in a significant and unduly burdensome traffic impact, groundwater impact, capital facility impact, and/or where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community.
(c)
Permitted uses. The following uses subject to approval by the plan commission of the building, site and operational plans.
(1)
Professional offices and services:
•
Accounting, auditing, and bookkeeping.
•
Architectural.
•
Engineering.
•
Legal.
•
Research and development.
(2)
Business offices and services:
•
Advertising
•
Business and management consulting.
•
Consumer and mercantile credit reporting.
•
Manufacturing representatives, agents, or corporate headquarters.
•
Public relations.
•
Stenographic.
(3)
Financial, insurance, and real estate offices and services:
•
Holding and investment.
•
Insurance agencies carriers, and brokers.
•
Real estate agents, brokers, and management.
•
Real estate development.
•
Title abstracting.
(4)
Governmental.
(5)
Public services.
(6)
Residential development at densities not to exceed 6.7 dwelling units per net acre for two-family and 3.4 dwelling units per net acre for single-family, served by municipal sewer and water facilities:
•
Single-family dwellings
•
Two-family dwellings.
•
Family daycare in either or both units of a two-family dwelling.
•
Foster family home in either or both units of a two-family dwelling.
(d)
Accessory uses.
(1)
Essential services.
(2)
Off-street parking.
(3)
Garages for the storage of vehicles used in conjunction with the operation of the business or for occupants of the premise.
(e)
Conditional uses.
(1)
Professional offices and services:
•
Chiropractor.
•
Dental.
•
Medical clinics.
•
Optometrists.
•
Osteopaths.
•
Physician and surgeon services.
(2)
Business offices and services:
•
Duplicating and mailing.
•
Travel agencies.
•
Collection and adjustment.
•
Employment.
(3)
Financial, insurance, real estate offices and services:
•
Business and personal (including credit unions).
•
Commodity contracts, brokers, and dealers.
•
Security brokers and dealers.
TABLE
MU-I MIXED USE DISTRICT
Development Standards
(Ord. No. 2005-15)
Sec. 13-1-77 - PLD Public Library District.
(a)
Purpose. This district was created to allow the construction and operation of a new public library in the city. The site selected for the library has certain dimensional constraints and limited on-site parking available. Therefore, the setback, height, and parking requirements of this district are tailored to the selected site and are intended to accommodate the dimensional configuration of the library building and its limited on-site parking. The permitted uses envision a facility which accommodates a wide variety of potential public and quasi-public uses.
(b)
Permitted uses. (Also see section 13-1-225.)
(1)
Art galleries.
(2)
Bookstores.
(3)
City-owned public library.
(4)
Community activities and public assemblies.
(5)
Educational and instructional activities.
(6)
Governmental offices.
(7)
Museums.
(8)
Public service offices.
(9)
Studios for photography, painting, music, sculpture, dance, or other recognized fine arts.
(10)
Theaters.
(c)
Permitted accessory uses.
(1)
Essential services.
(2)
Garages and accessory buildings used in conjunction with the operation of the library or for occupants of the premises.
(3)
Ground-mounted and building-mounted communication antennas.
(4)
Off-street parking areas and off-street loading areas.
(d)
Conditional uses. (Also see section 13-1-226.)
(1)
Coffee shops.
(e)
Lot area and width. Lots shall have a minimum area of 15,000 square feet and shall not be less than 100 feet in width.
(f)
Building height and area. (See Table 13-1-77.)
(g)
Setback and yards. (See Table 13-1-77.)
(h)
Traffic, loading, parking, and access. (See Table 13-1-77.)
(i)
Nonconforming uses, structures, and lots. (See article G.)
(j)
Performance standards. (See article H.)
(k)
Signs. (See title 15, chapter 5 of the Code of Ordinances.)
(l)
Site plan review. (See article F.)
(m)
Architectural review. (See article F.)
TABLE 13-1-77
PLD PUBLIC LIBRARY DISTRICT
DIMENSIONAL REQUIREMENTS
(a) Required parking may be located on either nearby City-owned public parking lots, on leased parking areas, or on public streets when the on-street spaces are within 300 feet of the entrance(s) they are intended to serve.
(Ord. No. 2013-03)
Sec. 13-1-78. - Floodplain district.
1.0
STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS
1.1
STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in §§ 61.35 and 62.23 for villages and cities; and the requirements in § 87.30, Stats.
1.2
FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base.
1.3
STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:
1.
Protect life, health and property;
2.
Minimize expenditures of public funds for flood control projects;
3.
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4.
Minimize business interruptions and other economic disruptions;
5.
Minimize damage to public facilities in the floodplain;
6.
Minimize the occurrence of future flood blight areas in the floodplain;
7.
Discourage the victimization of unwary land and homebuyers;
8.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
1.4
TITLE
This ordinance shall be known as the Floodplain Zoning Ordinance for City of Cedarburg, Wisconsin.
1.5
GENERAL PROVISIONS
1.
AREAS TO BE REGULATED
This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable.
2.
OFFICIAL MAPS AND REVISIONS
Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the City Clerk, (City of Cedarburg).
a.
OFFICIAL MAPS: Based on the Flood Insurance Study (FIS):
(1)
Flood Insurance Rate Map (FIRM), panel numbers 55089C0159G, 55089C0167G, 55089C0178G, 55089C0186G, 55089C0187G, 55089C0188G,and 55089C0189G, dated 07/31/2024;
(2)
Flood Insurance Study (FIS) for Ozaukee County, 55089CV001B, 55089CV002B, and 55089CV003B, dated 07/31/2024.
Approved by: The DNR and FEMA
b.
OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
1.
A combined Dam Failure Analysis for Cedarburg Woolen Mills Dam, Ruck Dam, Columbia Mills Dam, and Wire & Nail Factory Dam, prepared and approved by the Department of Natural Resources, whose related exhibits conforming to NR 333.05(2)(L)6. and 7., were transmitted to City of Cedarburg on October 15, 2007, including:
i.
Map consisting of one sheet, titled "Cedar Creek/Milwaukee River Dambreak Hazard Map," dated October 4, 2007, showing cross section labels and shaded flood areas. Areas governed by this analysis include locations from a point above the Cedarburg Woolen Mills Dam to a point at the confluence with the Milwaukee River.
ii.
Floodway data table, consisting of four sheets, titled "Floodway Data—Cedar Creek," dated October 4, 2007, listing cross sections lettered A through AM. The value in the column headed "Regulatory (feet NGVD)" is the governing elevation for each cross section on the map corresponding to the label in the "Cross Section" column in the table.
iii.
Flood profiles, consisting of three sheets, titled "Dambreak Hazard Profile—Cedar Creek," dated October 4, 2007, showing cross sections lettered A through AM.
3.
ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS
The flood hazard areas regulated by this ordinance are divided into districts as follows:
a.
The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to section 13-1-78 (5.1)(5).
b.
The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to section 13-1-78 (5.1)(5), within A Zones shown on the FIRM.
c.
The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
4.
LOCATING FLOODPLAIN BOUNDARIES
Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd. (a) or (b) below. If a significant difference exists, the map shall be amended according to section 13-1-78 (8.0) Amendments. The City Planner can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The City Planner shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the City Planner and an applicant over the district boundary line shall be settled according to section 13-1-78 (7.3)(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 13-1-78 (8.0) Amendments.
a.
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, including any boundary of zone A or AO the location of the boundary shall be determined by the map scale.
5.
REMOVAL OF LANDS FROM FLOODPLAIN
a.
Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 13-1-78 (8.0) Amendments.
b.
The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
1) The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
2) The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F.
c.
Removal of lands from the floodplain may also occur by operation of § 87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
6.
COMPLIANCE
a.
No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
b.
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with section 13-1-78 (9.0).
c.
Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with section 13-1-78 (9.0).
7.
MUNICIPALITIES AND STATE AGENCIES REGULATED
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under § 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20' span at the same location, the project is exempt from a DNR permit under § 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
8.
ABROGATION AND GREATER RESTRICTIONS
a.
This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 for cities or § 87.30, Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
b.
This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
9.
INTERPRETATION
In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
10.
WARNING AND DISCLAIMER OF LIABILITY
The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
11.
SEVERABILITY
Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
12.
ANNEXED AREAS FOR CITIES AND VILLAGES
The Ozaukee County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal City Planner. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(2.0)
GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
1.
If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
a.
Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Be constructed with flood-resistant materials;
c.
Be constructed by methods and practices that minimize flood damages; and
d.
Mechanical and utility equipment must be elevated to or above the flood protection elevation.
2.
If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:
a.
Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
b.
Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
c.
Adequate drainage is provided to reduce exposure to flood hazards.
All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in section 13-1-78(7.1)(2).
3.
Ozaukee County oversees the regulation of all private, onsite, wastewater treatment systems (POWTS), as regulated under SPS 383 in incorporated parts of the county.
4.
Ozaukee County oversees the regulation for private wells on properties served by Private Onsite Wastewater Treatment Systems in incorporated parts of the county.
(2.1)
HYDRAULIC AND HYDROLOGIC ANALYSES
1.
No floodplain development shall:
a.
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b.
Cause any increase in the regional flood height due to floodplain storage area lost.
2.
The City Planner shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of section 13-1-78(8.0) Amendments are met.
(2.2)
WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of section 13-1-78(2.1) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to section 13-1-78(8.0) Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(2.3)
CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to section 13-1-78(8.0) Amendments.
(2.4)
PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
1.
The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
2.
A land use permit for the campground is issued by the City Planner;
3.
The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;
4.
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or City Planner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
5.
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in sub. (4) to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
6.
All mobile recreational vehicles placed on site must meet one of the following:
a.
Be fully licensed, if required, and ready for highway use; or
b.
Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or
c.
Meet the requirements in either sections 13-1-78(3.0), 13-1-78(4.0), or 13-1-78(5.1) for the floodplain district in which the structure is located;
A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
7.
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with section 13-1-78(2.4)(6) and shall ensure compliance with all the provisions of this section;
8.
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
9.
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
10.
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and
11.
Standards for structures in a campground:
a.
All structures must comply with section 13-1-78(2.4) or meet the applicable requirements in sections 13-1-78(3.0), 13-1-78(4.0), or 13-1-78(5.1) for the floodplain district in which the structure is located;
b.
Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 13-1-78(2.4)(4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
c.
Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards.
d.
Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with section 13-1-78(2.4)(4).
e.
Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 13-1-78(2.4)(4).
12.
A land use permit shall be obtained as provided under 13-1-78(7.1)(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.
(3.0)
FLOODWAY DISTRICT (FW)
(3.1)
APPLICABILITY
This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to section 13-1-78(5.1)(5).
(3.2)
PERMITTED USES
The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:
• They are not prohibited by any other ordinance;
• They meet the standards in section 13-1-78(3.3) and 13-1-78(3.4); and
• All permits or certificates have been issued according to section 13-1-78(7.1).
1.
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.
2.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
3.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of section 13-1-78(3.3)(4).
4.
Uses or structures accessory to open space uses or classified as historic structures that comply with section 13-1-78(3.3) and 13-1-78(3.4).
5.
Extraction of sand, gravel or other materials that comply with section 13-1-78(3.3)(4).
6.
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.
7.
Public utilities, streets and bridges that comply with section 13-1-78(3.3)(3).
8.
Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
9.
Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
10.
Wastewater treatment ponds or facilities permitted under § NR 110.15(3)(b), Wis. Adm. Code.
11.
Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
(3.3)
STANDARDS FOR DEVELOPMENT IN THE FLOODWAY
1.
GENERAL
a.
Any development in the floodway shall comply with section 13-1-78(2.0) and have a low flood damage potential.
b.
Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to sections 13-1-78(2.1) and 13-1-78(7.1)(2)(c). The analysis must be completed by a registered professional engineer in the state of Wisconsin.
c.
Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 13-1-78(3.3)(1)(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in section 13-1-78(1.5)(5).
2.
STRUCTURES
Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a.
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
b.
Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
(1)
Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
(2)
Have structural components capable of meeting all provisions of section 13-1-78(3.3)(2)(g); and
(3)
Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with section 13-1-78(3.3)(2)(g).
c.
Must be anchored to resist flotation, collapse, and lateral movement;
d.
Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
e.
Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood;
f.
For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets section 13-1-78(3.3)(2)(a) through 13-1-78(3.3)(2)(e) and meets or exceeds the following standards:
(1)
The lowest floor must be elevated to or above the regional flood elevation;
(2)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(3)
The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open;
(4)
The use must be limited to parking, building access or limited storage.
g.
Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
(1)
Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
(2)
Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sections 13-1-78(3.4)(4) and 13-1-78(3.4)(5);
(3)
Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
(4)
Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
(5)
Placement of utilities to or above the flood protection elevation.
3.
PUBLIC UTILITIES, STREETS AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, if:
a.
Adequate floodproofing measures are provided to the flood protection elevation; and
b.
Construction meets the development standards of section 13-1-78(2.1).
4.
FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, if:
a.
The requirements of section 13-1-78(2.1) are met;
b.
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
c.
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
d.
The fill is not classified as a solid or hazardous material.
(3.4)
PROHIBITED USES
All uses not listed as permitted uses in section 13-1-78(3.2) are prohibited, including the following uses:
1.
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
2.
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
3.
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4.
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
5.
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;
6.
Any solid or hazardous waste disposal sites;
7.
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and
8.
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(4.0)
FLOODFRINGE DISTRICT FF
(4.1)
APPLICABILITY
This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to section 13-1-78(5.1)(5).
(4.2)
PERMITTED USES
Any structure, land use, or development is allowed in the Floodfringe District if the standards in section 13-1-78(4.3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in section 13-1-78(7.1) have been issued.
(4.3)
STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE
Section 13-1-78(2.0) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of section 13-1-78(6.0) Nonconforming Uses;
1.
RESIDENTIAL USES
Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;
a.
All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet section 13-1-78(1.5)(5).
b.
Notwithstanding section 13-1-78(4.3)(1)(a), a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation.
c.
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (d).
d.
In developments where existing street or sewer line elevations make compliance with subd. (c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
(1)
The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
(2)
The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
2.
ACCESSORY STRUCTURES OR USES
In addition to 13-1-78(2.0), new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
3.
COMMERCIAL USES
In addition to section 13-1-78(2.0), any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of section 13-1-78(4.3)(1). Subject to the requirements of section 13-1-178(4.3)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4.
MANUFACTURING AND INDUSTRIAL USES
In addition to 13-1-78(2.0), any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in section 13-1-78(7.5). Subject to the requirements of section 13-1-78(4.3)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5.
STORAGE OF MATERIALS
Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with section 13-1-78(7.5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6.
PUBLIC UTILITIES, STREETS AND BRIDGES
All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
1.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with section 13-1-78(7.5).
2.
Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7.
SEWAGE SYSTEMS
All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to section 13-1-78 7.5(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
8.
WELLS
All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to section 13-1-78 (7.5)(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
9.
SOLID WASTE DISPOSAL SITES
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10.
DEPOSITION OF MATERIALS
Any deposited material must meet all the provisions of this ordinance.
11.
MANUFACTURED HOMES
a.
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b.
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
(1)
Have the lowest floor elevated to the flood protection elevation; and
(2)
Be anchored so they do not float, collapse, or move laterally during a flood.
c.
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in section 13-1-78(4.3)(1).
12.
MOBILE RECREATIONAL VEHICLES
All mobile recreational vehicles must be on site for less than 180 consecutive days and be either:
a.
Fully licensed and ready for highway use; or
b.
Shall meet the elevation and anchoring requirements in section 13-1-78(4.3)(11) (b) and (c).
A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(5.0)
OTHER FLOODPLAIN DISTRICTS
(5.1)
GENERAL FLOODPLAIN DISTRICT (GFP)
1.
APPLICABILITY
The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in section 13-1-78(1.5)(2)(a).
2.
FLOODWAY BOUNDARIES
For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in section 13-1-78(1.5)(2)(a), the boundaries of the regulatory floodway shall be determined pursuant to section 13-1-78(5.1)(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of section 13-1-78(3.0). If the development is located entirely within the floodfringe, the development is subject to the standards of section 13-1-78(4.0).
3.
PERMITTED USES
Pursuant to section 13-1-78(5.1)(5), it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway section 13-1-78(3.2) and floodfringe section 13-1-78(4.2) Districts are allowed within the General Floodplain District, according to the standards of section 13-1-78(5.1)(4), provided that all permits or certificates required under section 13-1-78(7.1) have been issued.
4.
STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
Section 13-1-78(3.0) applies to floodway areas, determined pursuant to 13-1-78(5.1)(5); section 13-1-78(4.0) applies to floodfringe areas, determined pursuant to 13-1-78(5.1)(5).
a.
New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
(1)
To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
(2)
If the depth is not specified on the FIRM, two feet above the highest adjacent natural grade or higher.
b.
New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
c.
In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
d.
All development in zones AO and zone AH shall meet the requirements of section 13-1-78(4.0) applicable to the flood fringe areas.
5.
DETERMINING FLOODWAY AND FLOODFRINGE LIMITS
Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the City Planner shall:
a.
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.
b.
Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
(1)
A Hydrologic and Hydraulic Study as specified in section 13-1-78(7.1)(2)(c).
(2)
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
(3)
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(6.0)
NONCONFORMING USES
(6.1)
GENERAL
1.
APPLICABILITY
a.
The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with § 87.30, Stats. and § NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.
b.
As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.
2.
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
a.
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
b.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance.
c.
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
d.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 13-1-78(4.3)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph.
e.
No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 13-1-78(4.3)(1). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
f.
If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 13-1-78(4.3)(1).
g.
Except as provided in subd. (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
h.
For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:
1.
Residential Structures:
a.
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of section 13-1-78(7.5)(2).
b.
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
c.
Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
d.
In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source.
e.
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 13-1-78(5.1)(4).
f.
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
2.
Nonresidential Structures:
a.
Shall meet the requirements of section 13-1-78(6.1)(2)(h)1a-f.
b.
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in section 13-1-78(7.5)(1) or (2).
c.
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 13-1-78(5.1)(4).
3.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with section 13-1-78(3.3)(1), flood resistant materials are used, and construction practices and floodproofing methods that comply with section 13-1-78 (7.5) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of section 13-1-78(6.1)(2)(h)1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
4.
Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if:
a.
Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
b.
The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation;
c.
The nonconforming building is permanently changed to conform to the applicable requirements of 13-1-78(2.0);
d.
If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 13-1-78(3.3)(1), 13-1-78(3.3)(2)(b) through(e), 13-1-78(3.3)(4) and 13-1-78(6.2). Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 13-1-78(5.1)(5). If the encroachment is in the floodway, it must meet the standards in section 13-1-78(3.3)(4);
e.
If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of 13-1-78(4.3) and 13-1-78(6.3);
f.
Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation;
g.
Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
i.
Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of section 13-1-78(6.1)(4)(g) above.
ii.
The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed.
h.
Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:
i.
A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area.
ii.
The bottom of all openings must be no higher than one foot above the adjacent grade.
iii.
Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters.
i.
Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
j.
Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
k.
Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:
i.
Be on site for fewer than 180 consecutive days; or
ii.
Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or meet the elevation and anchoring requirements for manufactured homes in section 13-1-78(6.1)(4)(i) above.
l.
In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
m.
In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet subsections 13-1-78(6.1)(4)(f)—(l) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 13-1-78(5.1)(5). If the encroachment is in the floodway, it must meet the standards in section 13-1-78(3.3)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
n.
In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 13-1-78(5.1)(5). If the encroachment is in the floodway, it must meet the standards in section 13-1-78(3.3)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
o.
In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or
p.
In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in section 13-1-78(6.1)(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.
(6.2)
FLOODWAY DISTRICT
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
a.
Has been granted a permit or variance which meets all ordinance requirements;
b.
Meets the requirements of section 13-1-78(6.1);
c.
Shall not increase the obstruction to flood flows or regional flood height;
d.
Any addition to the existing structure shall be floodproofed, pursuant to section 13-1-78(7.5), by means other than the use of fill, to the flood protection elevation; and
e.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4.
The use must be limited to parking, building access or limited storage.
2.
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, section 13-1-78(7.5)(3) and Ch. SPS 383, Wis. Adm. Code.
3.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, section 13-1-78(7.5)(3) and chs. NR 811 and NR 812, Wis. Adm. Code.
(6.3)
FLOODFRINGE DISTRICT
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of section 13-1-78(4.3) except where section 13-1-78(6.3)(2) is applicable.
2.
Where compliance with the provisions of subd. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in section 13-1-78(7.3), may grant a variance from those provisions of subd. (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as described in section 13-1-78(4.3)(5).
3.
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, section 13-1-78(7.5)(3) and ch. SPS 383, Wis. Adm. Code.
4.
All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, section 13-1-78(7.5)(3) and ch. NR 811 and NR 812, Wis. Adm. Code.
(7.0)
ADMINISTRATION
Where a City Planner, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under §§ 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance.
(7.1)
ZONING ADMINISTRATOR
1.
DUTIES AND POWERS
The City Planner is authorized to administer this ordinance and shall have the following duties and powers:
a.
Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.
c.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
(1)
All permits issued, inspections made, and work approved.
(2)
Documentation of certified lowest floor and regional flood elevations.
(3)
Floodproofing certificates.
(4)
Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
(5)
All substantial damage assessment reports for floodplain structures.
(6)
List of nonconforming structures and uses.
e.
Submit copies of the following items to the Department Regional office:
(1)
Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.
(2)
Copies of case-by-case analyses and other required information.
(3)
Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
f.
Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
g.
Submit copies of amendments to the FEMA Regional office.
2.
LAND USE PERMIT
A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the City Planner shall include:
a.
GENERAL INFORMATION
1.
Name and address of the applicant, property owner and contractor;
2.
Legal description, proposed use, and whether it is new construction or a modification.
b.
SITE DEVELOPMENT PLAN
A site plan drawn to scale shall be submitted with the permit application form and shall contain:
(1)
Location, dimensions, area and elevation of the lot;
(2)
Location of the ordinary highwater mark of any abutting navigable waterways;
(3)
Location of any structures with distances measured from the lot lines and street center lines;
(4)
Location of any existing or proposed on-site sewage systems or private water supply systems;
(5)
Location and elevation of existing or future access roads;
(6)
Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
(7)
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study—either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
(8)
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sections 13-1-78(3.0) or 13-1-78(4.0) are met; and
(9)
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to section 13-1-78 (2.1). This may include any of the information noted in section 13-1-78 (3.3)(1).
c.
HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT
All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
1.
Zone A floodplains and in AE zones within which a floodway is not delineated:
a.
Hydrology.
i.
The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
b.
Hydraulic modeling.
The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
i.
Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
ii.
Channel sections must be surveyed.
iii.
Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
iv.
A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
v.
The most current version of HEC-RAS shall be used.
vi.
A survey of bridge and culvert openings and the top of road is required at each structure.
vii.
Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
viii.
Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
ix.
The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
c.
Mapping.
A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
i.
If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
ii.
If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
2.
Zone AE Floodplains.
a.
Hydrology.
If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
b.
Hydraulic model.
The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
1.
Duplicate Effective Model.
The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
2.
Corrected Effective Model.
The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review.
3.
Existing (Pre-Project Conditions) Model.
The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.
4.
Revised (Post-Project Conditions) Model.
The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
5.
All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
6.
Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
c.
Mapping.
Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
(1)
Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
(2)
Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
(3)
Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.
(4)
If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
(5)
The revised floodplain boundaries shall tie into the effective floodplain boundaries.
(6)
All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
(7)
Both the current and proposed floodways shall be shown on the map.
(8)
The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
(d)
EXPIRATION
All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
3.
CERTIFICATE OF COMPLIANCE
No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the City Planner, except where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
b.
Application for such certificate shall be concurrent with the application for a permit;
c.
If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed;
d.
The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of section 13-1-78 (7.5) are met;
e.
Where applicable pursuant to section 13-1-78 5.1(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement;
f.
Where applicable pursuant to section 13-1-78 5.1(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by section 13-1-78 5.1(4).
4.
OTHER PERMITS
Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(7.2)
ZONING AGENCY
1.
The City Plan Commission shall:
a.
Oversee the functions of the office of the City Planner; and
b.
Review and advise the governing body on all proposed amendments to this ordinance, maps, and text;
c.
Publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing.
2.
The City of Cedarburg Plan Commission shall not:
a.
Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
b.
Amend the text or zoning maps in place of official action by the governing body.
(7.3)
BOARD OF APPEALS
The Board of Appeals, created under § 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The City Planner shall not be the secretary of the Board.
1.
POWERS AND DUTIES
The Board of Appeals shall:
(a)
Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
(b)
Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
(c)
Variances - Hear and decide, upon appeal, variances from the ordinance standards.
2.
APPEALS TO THE BOARD
a.
Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the City Planner or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
b.
NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
1.
Notice - The board shall:
a.
Fix a reasonable time for the hearing;
b.
Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and
c.
Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
2.
Hearing - Any party may appear in person or by agent. The board shall:
(a)
Resolve boundary disputes according to section 13-1-78(7.3)(3);
(b)
Decide variance applications according to section 13-1-78(7.3)(3); and
(c)
Decide appeals of permit denials according to section 13-1-78(7.4).
c.
DECISION: The final decision regarding the appeal or variance application shall:
1.
Be made within a reasonable time;
2.
Be sent to the Department Regional office within 10 days of the decision;
3.
Be a written determination signed by the chairman or secretary of the Board;
4.
State the specific facts which are the basis for the Board's decision;
5.
Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
6.
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
3.
BOUNDARY DISPUTES
The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
b.
The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
c.
If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to section 13-1-78(8.0) Amendments.
4.
VARIANCE
a.
The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
1.
Literal enforcement of the ordinance will cause unnecessary hardship;
2.
The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
3.
The variance is not contrary to the public interest; and
4.
The variance is consistent with the purpose of this ordinance in section 13-1-78(1.3).
b.
In addition to the criteria in subd. (a), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
1.
The variance shall not cause any increase in the regional flood elevation;
2.
The applicant has shown good and sufficient cause for issuance of the variance;
3.
Failure to grant the variance would result in exceptional hardship;
4.
Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
5.
The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
c.
A variance shall not:
1.
Grant, extend or increase any use prohibited in the zoning district;
2.
Be granted for a hardship based solely on an economic gain or loss;
3.
Be granted for a hardship which is self-created.
4.
Damage the rights or property values of other persons in the area;
5.
Allow actions without the amendments to this ordinance or map(s) required in section 13-1-78(8.0) Amendments; and
6.
Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d.
When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
7.4
TO REVIEW APPEALS OF PERMIT DENIALS
1.
The Zoning Agency (section 13-1-78 (7.2) or Board shall review all data related to the appeal. This may include:
a.
Permit application data listed in section 13-1-78(7.1)(2);
b.
Floodway/floodfringe determination data in section 13-1-78(5.1)(5);
c.
Data listed in section 13-1-78(3.3)(1.b) where the applicant has not submitted this information to the City Planner; and
d.
Other data submitted with the application or submitted to the Board with the appeal.
2.
For appeals of all denied permits the Board shall:
a.
Follow the procedures of section 13-1-78(7.3);
b.
Consider zoning agency recommendations; and
c.
Either uphold the denial or grant the appeal.
3.
For appeals concerning increases in regional flood elevation the Board shall:
a.
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of section 13-1-78(8.0) Amendments; and
b.
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(7.5)
FLOODPROOFING STANDARDS
1.
No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in subsections 13-1-78(2.0), 13-1-78(3.0), 13-1-78(4.0), 13-1-78(5.1), or 13-1-78(5.3).
2.
For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
a.
Certified by a registered professional engineer or architect; or
b.
Meeting or exceeding the following standards:
(1)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(2)
The bottom of all openings shall be no higher than one foot above grade; and
(3)
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
3.
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral movement;
d.
Minimize or eliminate infiltration of flood waters;
e.
Minimize or eliminate discharges into flood waters;
f.
Placement of essential utilities to or above the flood protection elevation; and
g.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
(1)
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
(2)
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
(3)
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
(4)
The use must be limited to parking, building access or limited storage.
(7.6)
PUBLIC INFORMATION
1.
Place marks on structures to show the depth of inundation during the regional flood.
2.
All maps, engineering data and regulations shall be available and widely distributed.
3.
Real estate transfers should show what floodplain district any real property is in.
(8.0)
AMENDMENTS
Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 13-1-78(8.1).
1.
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 13-1-78(8.1). Any such alterations must be reviewed and approved by FEMA and the DNR.
2.
In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with section 13-1-78(8.1).
(8.1)
GENERAL
The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in section 13-1-78(8.2) below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
1.
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
2.
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
3.
Any changes to any other officially adopted floodplain maps listed in 13-1-78(1.5)(2)(b);
4.
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
5.
Correction of discrepancies between the water surface profiles and floodplain maps;
6.
Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
7.
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
(8.2)
PROCEDURES
Ordinance amendments may be made upon petition of any party according to the provisions of § 62.23, Stats., The petitions shall include all data required by subsections 13-1-78(5.1)(5) and (7.1)(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
1.
The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Stats., for cities and villages.
2.
No amendments shall become effective until reviewed and approved by the Department.
3.
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(9.0)
ENFORCEMENT AND PENALTIES
Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Stats.
(10.0)
DEFINITIONS
Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
1.
A ZONES - Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
2.
AH ZONE - See "AREA OF SHALLOW FLOODING."
3.
AO ZONE - See "AREA OF SHALLOW FLOODING."
4.
ACCESSORY STRUCTURE OR USE - A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
5.
ALTERATION - An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
6.
AREA OF SHALLOW FLOODING - A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
7.
BASE FLOOD - Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8.
BASEMENT - Any enclosed area of a building having its floor sub-grade on all sides.
9.
BUILDING - See STRUCTURE.
10.
BULKHEAD LINE - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to § 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
11.
CAMPGROUND - Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
12.
CAMPING UNIT - Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
13.
CERTIFICATE OF COMPLIANCE - A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
14.
CHANNEL - A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
15.
CRAWLWAYS or CRAWL SPACE - An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
16.
DECK - An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
17.
DEPARTMENT - The Wisconsin Department of Natural Resources.
18.
DEVELOPMENT - Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
19.
DRYLAND ACCESS - A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
20.
ENCROACHMENT - Any fill, structure, equipment, use or development in the floodway.
21.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - The federal agency that administers the National Flood Insurance Program.
22.
FLOOD INSURANCE RATE MAP (FIRM) - A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
23.
FLOOD or FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
a.
The overflow or rise of inland waters;
b.
The rapid accumulation or runoff of surface waters from any source;
c.
The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
d.
The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
24.
FLOOD FREQUENCY - The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
25.
FLOODFRINGE - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
26.
FLOOD HAZARD BOUNDARY MAP - A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
27.
FLOOD INSURANCE STUDY - A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
28.
FLOODPLAIN - Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
29.
FLOODPLAIN ISLAND - A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
30.
FLOODPLAIN MANAGEMENT - Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
31.
FLOOD PROFILE - A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
32.
FLOODPROOFING - Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
33.
FLOOD PROTECTION ELEVATION - An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.)
34.
FLOOD STORAGE - Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
35.
FLOODWAY - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
36.
FREEBOARD - A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
37.
HABITABLE STRUCTURE - Any structure or portion thereof used or designed for human habitation.
38.
HEARING NOTICE - Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
39.
HIGH FLOOD DAMAGE POTENTIAL - Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
40.
HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
41.
HISTORIC STRUCTURE - Any structure that is either:
a.
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
42.
INCREASE IN REGIONAL FLOOD HEIGHT - A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
43.
LAND USE - Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
44.
LOWEST ADJACENT GRADE - Elevation of the lowest ground surface that touches any of the exterior walls of a building.
45.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement).
46.
MAINTENANCE - The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
47.
MANUFACTURED HOME - A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
48.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
49.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING - A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
50.
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
51.
MOBILE RECREATIONAL VEHICLE - A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
52.
MODEL, CORRECTED EFFECTIVE - A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
53.
MODEL, DUPLICATE EFFECTIVE - A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
54.
MODEL, EFFECTIVE - The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
55.
MODEL, EXISTING (PRE-PROJECT) - A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
56.
MODEL, REVISED (POST-PROJECT) - A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.
57.
MUNICIPALITY or MUNICIPAL - The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.
58.
NAVD or NORTH AMERICAN VERTICAL DATUM - Elevations referenced to mean sea level datum, 1988 adjustment.
59.
NGVD or NATIONAL GEODETIC VERTICAL DATUM - Elevations referenced to mean sea level datum, 1929 adjustment.
60.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
61.
NON-FLOOD DISASTER - A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
62.
NONCONFORMING STRUCTURE - An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
63.
NONCONFORMING USE - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
64.
OBSTRUCTION TO FLOW - Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
65.
OFFICIAL FLOODPLAIN ZONING MAP - That map, adopted and made part of this ordinance, as described in section 13-1-78(1.5)(2), which has been approved by the Department and FEMA.
66.
OPEN SPACE USE - Those uses having a relatively low flood damage potential and not involving structures.
67.
ORDINARY HIGHWATER MARK - The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
68.
PERSON - An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
69.
PRIVATE SEWAGE SYSTEM - A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
70.
PUBLIC UTILITIES - Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer.
71.
REASONABLY SAFE FROM FLOODING - Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
72.
REGIONAL FLOOD - A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
73.
START OF CONSTRUCTION - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
74.
STRUCTURE - Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
75.
SUBDIVISION - Has the meaning given in § 236.02(12), Wis. Stats.
76.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
77.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
78.
UNNECESSARY HARDSHIP - Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
79.
VARIANCE - An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
80.
VIOLATION - The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
81.
WATERSHED - The entire region contributing runoff or surface water to a watercourse or body of water.
82.
WATER SURFACE PROFILE - A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
83.
WELL - An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
(Ord. No. 2023-12, § 1, 8-28-23; Ord. No. 2024-12, § 1, 5-13-24)