Clyman City Zoning Code
ARTICLE III
Zoning Districts 1
§ 440-13 Zoning district designated.
For the purpose of this chapter, the Village of Clyman is hereby divided into the following eight zoning districts:
R-1 Residential Single- and Two-Family District |
R-2 Residential Multifamily District |
N-P Natural Preservation District |
B-1 Business District |
I-1 General Manufacturing and Industrial District |
A-1 Agriculture — General District |
P-1 Public and Semipublic District |
PDD Planned Development District |
§ 440-14 District boundaries.
A.
Zoning Map. The boundaries of the districts enumerated in § 440-13 above are established as shown on a map entitled "Zoning Map, Village of Clyman, Wisconsin," which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.
B.
Boundary lines. The boundaries shall be construed to follow corporate limits; United States public land survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agriculture — General District unless the annexation ordinance temporarily placed the land in another district.
§ 440-15 R-1 Residential Single- and Two-Family District.
A.
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units.
B.
Permitted uses. The following uses of land are permitted in the R-1 District:
(1)
Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of single-family dwelling.
(3)
Private garage facilities (attached, detached or a combination of both) not exceeding three total standard stalls for each residential parcel, per § 440-73.
(4)
Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds incidental to the residential use, meeting the requirements of this chapter.
(b)
Off-street parking facilities.
(c)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(d)
Signs as permitted by Village ordinances.
(5)
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(6)
Foster family care.
(7)
Home occupations and professional home offices.
(8)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
(9)
Two-family dwellings.
C.
Conditional uses. The following are permitted as conditional uses within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas regulators, etc.)
(3)
Bed-and-breakfast inns [7011].
(4)
Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.
(5)
Public utility structures, except those incompatible with the characteristics of the district.
(6)
Agricultural and gardening uses, except those incompatible with the characteristics of the district, such as the raising of livestock.
(7)
Parks and playgrounds.
(8)
Planned residential developments.
(9)
Golf courses and private clubs.
(10)
Barbering and beauty culture.
(11)
Sewage disposal facilities.
(12)
Other conditional uses permitted by Village Board.
D.
Area, height and yard requirements.
(2)
Building height: maximum 35 feet.
(3)
Yards.
(a)
Minimum front yard: 30 feet.
(b)
Minimum side yard:
[1]
There shall be a side yard on each side of a building erected, moved or structurally altered.
[2]
For buildings not over 1 1/2 stories high, the sum of the widths of the required side yards shall not be less than 15 feet, and no single side yard shall be less than six feet in width.
[3]
For buildings from 1 1/2 stories to 2 1/2 stories high, the sum of the widths of the required side yards shall be not less than 20 feet, and no single side yard shall be less than eight feet in width.
[4]
Provided, however, that on a single lot having a width of less than 60 feet and of record on May 23, 1977, the sum of the widths of the side yards shall be not less than the equivalent of three inches per foot of lot width for buildings not over 1 1/2 stories high and of four inches per foot of lot width for buildings from 1 1/2 to 2 1/2 stories high; provided, further, that the buildable width of any such lot in no case shall be reduced to less than 24 feet, nor shall the width of any single side yard be less than 40% of the total required side yard width.
(c)
Minimum rear yard: 15 feet.
§ 440-16 R-2 Residential Multifamily District.
A.
Purpose. This district is intended to provide a suitable environment for three-or-more-family residential development.
B.
Permitted uses. The following uses of land are permitted in the R-2 District:
(1)
Three-or-more family unit dwellings.
(2)
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(3)
Foster family care.
(4)
Home occupations and professional home offices.
(5)
Garages and accessory buildings as permitted in the R-1 District.
(6)
Uses customarily incident to any of the above uses, provided that no such use generate traffic or noise that would create public or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses within the R-2 District:
(1)
Parks and playgrounds.
(2)
Mobile home parks meeting the requirements of this chapter.
(3)
Golf courses and private clubs.
(4)
Planned residential developments.
(5)
Barbering and beauty culture.
(6)
Lodge and fraternal buildings.
(7)
Nursing home.
(8)
Nursery schools and day-care centers.
(9)
Retirement homes.
(10)
Utilities.
(11)
Schools and churches.
(12)
Government, cultural and public buildings or uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(13)
Sewage disposal facilities.
(14)
Other conditional uses permitted by the Village Board.
D.
Area, height and yard requirements.
(1)
Lot.
(a)
Area. Every building erected, moved or structurally altered for occupancy by one family shall provide a lot area per family as required by the regulations for the single family residence district. Every building erected, moved or structurally altered for occupancy by more than one family shall provide a lot area of not less than the area shown in the following:
(b)
Width: minimum 60 feet.
(2)
Building height: maximum 35 feet.
§ 440-17 N-P Natural Preservation District.
A.
Purpose. The purpose of this district is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational, or aesthetic value of the community.
B.
Permitted uses. The following uses of land are permitted in the N-P Natural Preservation District:
(1)
Wildlife preserves and forestry.
(2)
Forest and game management.
(3)
Hunting, fishing and hiking.
(4)
Parks and recreation areas; arboreta; botanical gardens; greenways.
(5)
Stables.
(6)
Utilities.
(7)
Nonresidential buildings used solely in conjunction with the raising of water, fowl or fish.
(8)
Harvesting of wild crops.
(9)
Recreation related structures not requiring basements.
C.
Conditional uses. The following are permitted as conditional uses within the N-P Natural Preservation District:
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage, ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Riding stables.
(10)
Planned residential developments.
(11)
Sewage disposal plants.
(12)
Governmental, cultural and public buildings or uses.
(13)
Utilities.
(14)
Hunting and fishing clubs.
(15)
Professional home offices.
(16)
Farm structures.
(17)
General agriculture.
(18)
Quarrying.
(19)
Filling, dredging, lagooning.
§ 440-18 B-1 Business District.
A.
Purpose. The B-1 Business District is designed to facilitate the development of commercial uses in accordance to the future growth and development of the Village.
B.
Permitted uses. The following uses of land are permitted in the B-1 District:
(1)
Paint, glass and wallpaper stores. [523]
(2)
Hardware stores. [525]
(3)
Department stores, variety stores, general merchandise stores. [53]
(4)
General grocery stores, supermarkets, fruit and vegetable stores, delicatessens, meat and fish stores and miscellaneous food stores. [54]
(5)
Candy, nut or confectionery stores. [544]
(6)
Dairy products stores, including ice cream stores. [545]
(7)
Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery. [546]
(8)
Clothing and shoe stores. [56]
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores. [57]
(10)
Restaurants, lunch rooms and other eating places, except drive-in type establishments. [5812]
(11)
Taverns, bars and other drinking places with permit by Village Board. [5813]
(12)
Drugstores and pharmacies. [591]
(13)
Liquor stores. [592]
(14)
Antique stores and second-hand stores. [593]
(15)
Sporting goods stores and bicycle shops. [5941]
(16)
Bookstores, not including adult books. [5942]
(17)
Stationery stores. [5943]
(18)
Jewelry and clock stores. [5944]
(19)
Camera and photographic supply stores. [5946]
(20)
Gift, novelty and souvenir shops. [5947]
(21)
Florist shops. [5992]
(22)
Tobacco and smokers' supplies stores. [5993]
(23)
News dealers and news stands. [5994]
(24)
Wholesale merchandise establishments, only for retail items listed above, e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions. [60-62]
(26)
Offices of insurance companies, agents, brokers and service representatives. [63-64]
(27)
Offices of real estate agents, brokers, managers and title companies. [65-67]
(28)
Miscellaneous business offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry cleaning outlets, including coin-operated laundries and dry cleaning establishments, commonly called "laundromats" and "launderettes."
(31)
Tailor shops, dressmakers' shops, and garment repair shops, but not garment pressing establishments, hand laundries, or hat cleaning and blocking establishments. [721]
(32)
Photographic studios and commercial photography establishments. [722]
(33)
Barbershops, beauty shops and hairdressers. [723-4]
(34)
Shoe repair shops and shoe shine parlors. [725]
(35)
Trade and contractor's offices (office only).
(36)
Advertising agencies, consumer credit reporting, news agencies, employment agencies. [731-2, 735-6]
(37)
Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services; small print shops. [733]
(38)
Computer services. [737]
(39)
Commercial parking lots, parking garages, parking structures. [752]
(40)
Watch, clock and jewelry repair services. [763]
(41)
Motion-picture theaters, not including drive-in theaters. [7832]
(42)
Miscellaneous retail stores. [5999]
(43)
Offices/clinics of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, optometrists and chiropractors, but not veterinarians' offices. [801-4]
(44)
Law offices. [811]
(45)
The offices, meeting places, churches, and premises of professional membership associations; civic, social, and fraternal associations; business associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations. [86]
(46)
Engineering and architectural firms or consultants. [891-3]
(47)
Accounting, auditing and book keeping firms or services. [8721]
(48)
Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations. [899]
(49)
The offices of governmental agencies and post offices. [91-92, 431]
(50)
Public transportation passenger stations, taxicab company offices, taxicab stands, but not vehicle storage lots or garages. [411-14]
(51)
Telephone and telegraph offices. [481-2]
(52)
Dental and medical clinics.
(53)
New car sales.
(54)
Semipublic uses, such as fire station, police station, administrative building or similar use according to definition.
(55)
Residential accommodations for shop keepers located in the same building as the business.
(56)
Tavern.
(57)
Auto service stations.
C.
Conditional uses. The following are permitted as conditional uses in the B-1 Business District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances; and provided that, where operations necessary or incident to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers, or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Village Board with regard to such matters.
(1)
Miscellaneous repair shops and related services. [769]
(2)
Garment pressing establishments, hand laundries, hat cleaning and blocking shops and coin-operated dry cleaning establishments. [721]
(3)
Establishments engaged in the publishing and printing of newspapers, periodicals or books. [2711]
(4)
Dwelling units (rental), provided that no dwelling shall be permitted below the second floor and business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are not established.
(5)
Farm supplies, wholesale trade. [5191]
(6)
Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers. [551-2, 556]
(7)
Stores for the sale and installation of tires, batteries, mufflers or other automotive accessories. [553]
(8)
Gasoline service stations; provided, further, that all gasoline pumps, storage tank and accessory equipment must be located at least 30 feet from any existing or officially proposed street line. [5541]
(9)
Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers. [703]
(10)
Establishments engaged in daily or extended-term rental or leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers or utility trailers. [751]
(11)
Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes. [754]
(12)
Hotels, motor hotels, motels, tourist courts, tourist rooms, etc. [70]
§ 440-19 I-1 General Manufacturing and Industrial District.
A.
Purpose. This district is intended to provide an area for manufacturing, marketing, and industrial and agribusiness activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B.
Permitted uses. No uses are permitted as a matter of right within the I-1 District. All uses within this district are conditional, requiring a public hearing and consideration of specific site factors and impacts on surrounding land uses. All conditional uses must be approved in accordance with the procedures established in Article IV.
C.
Conditional uses. The following are permitted as conditional uses within the I-1 District. Such use shall be subject to the consideration of the Village Board and Planning Committee with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:
(1)
Manufacturing establishments, usually described as factories, mills or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products. [20, 23-28, 30, 32-39]
(2)
Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage be enclosed by a suitable fence or other manner of screening. [50,51]
(4)
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or road terminal companies.
(5)
Wholesale establishments and warehouses. [50-51]
(6)
Building construction contractors. [15-17]
(7)
Highway passenger and motor freight transportation. [41-42]
(8)
Light industry and service uses.
(a)
Automotive body repair.
(b)
Automotive upholstery.
(c)
Cleaning, pressing, dyeing.
(d)
Commercial bakeries.
(e)
Commercial greenhouses.
(f)
Distributors.
(g)
Food locker plants.
(h)
Printing and publishing.
(i)
Trade and contractor's facilities.
(j)
Offices.
(k)
Painting services.
(l)
Retail sales and service facilities, such as retail and surplus outlet stores, and restaurants and food service facilities when established in conjunction with a permitted manufacturing or processing facility.
(m)
Recreation vehicle, boat and miscellaneous storage.
(10)
Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Wet milling of corn.
(e)
Production of creamery butter.
(f)
Drying and dehydrating fruits and vegetables.
(g)
Preparation of feeds for animal and fowl.
(h)
Pea vineries.
(i)
Creameries.
(j)
Production of flour and other grain mill products; blending and preparing of flour.
(k)
Fluid milk processing.
(l)
Production of frozen fruits, fruit juices, vegetables and other specialties.
(m)
Fruit and vegetable sauces and seasoning, and salad dressing preparation.
(n)
Poultry and small game dressing and packing providing that all operations be conducted within an enclosed building.
(o)
Production of sausages and other meat products providing that all.
(p)
Corn shelling, hay baling and threshing services.
(q)
Grist mill service.
(r)
Horticultural services.
(s)
Canning of fruits, vegetables, preserves, jams and jellies.
(t)
Canning of specialty foods.
(u)
Grain elevators and bulk storage of feed grains.
(v)
Fertilizer production, sales, storage, mixing and blending.
(w)
Sales or maintenance of farm implements and related equipment.
(x)
Animal hospitals, shelters and kennels.
(y)
Veterinarian services.
E.
Required buffer strips in industrial districts. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than four nor more than eight feet in height, and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.
§ 440-20 A-1 Agriculture - General District.
A.
Purpose. The A-1 District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development, until their orderly transition into urban-oriented districts is required.
B.
Permitted uses. The following uses of land are permitted in the A-1 District:
(1)
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards, and feed lots shall not be located in a floodplain, and shall be at least 100 feet from any navigable water or district boundary.
(2)
Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises, and for the use of the occupants of the premises, provided that such use shall not be located within 150 feet of a dwelling unit other than the dwelling unit on the property in question.
C.
Permitted uses.
(1)
Attached or detached private garages and carports accessory to permitted or permitted accessory uses.
(2)
General farm buildings including barns, silos, sheds, storage bins and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.
(3)
One single- or two-family farm dwelling.
(4)
Private garages and parking space.
(5)
Private swimming pool and tennis court.
(6)
Home occupations.
(7)
Signs as regulated by the Village.
(8)
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.
D.
Conditional uses. The following are permitted as conditional uses in the A-1 District:
(1)
Airports, airstrips and landing fields, provided that the site is not less than 20 acres.
(2)
Commercial feed lots, livestock sales facilities and fur farms.
(3)
Housing for farm laborers and seasonal or migratory farm workers.
(4)
Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.
(5)
Utilities.
(6)
Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 150 feet to a property boundary. [074, 075]
(7)
Public and parochial schools provided no building shall be located within 50 feet of any lot line.
(8)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.
(9)
Golf courses, country clubs, driving ranges, tennis clubs or public swimming pools serving more than one family.
(10)
Essential service structures, including, but not limited to, buildings, such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(11)
Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.
(12)
Cemeteries.
(13)
Fur farm.
(14)
Quarrying.
(15)
Ponds.
(16)
Archery range, firearm range (indoors only).
(17)
Driving range.
(18)
Recreational uses.
§ 440-21 P-1 Public and Semipublic District.
A.
Purpose. The purpose of the P-1 District is:
(1)
To identify and delineate properties devoted to existing recreational, institutional and/or governmental use, particularly areas of one acre or more in size;
(2)
To identify, delineate and reserve properties set forth in the Village Land Use Plan as essential to future recreational, institutional, and/or governmental development within the community.
B.
Permitted uses. The following uses of land are permitted in the P-1 District:
(1)
Public parks, playfields, playgrounds and related recreational developments; arboretums, wildlife preserves, soil and water conservation practices; churches, community centers, libraries, governmental offices, museums, police and fire stations; cemeteries; water and disposal plants.
(2)
Public, parochial and private elementary and secondary schools, including preschools, provided all principal structures and uses are not less than 50 feet from any lot line.
C.
Conditional uses. The following are permitted as conditional uses in the P-1 District:
(1)
Archery and/or firearm ranges (indoor only), golf courses, gymnasiums, riding academies, music and/or dance halls, stadiums, swimming pools, zoological and/or botanical gardens;
(2)
Water supply and/or wastewater treatment facilities; utility services and facilities; recycling operations and facilities, transportation terminals; cemeteries and crematories; penal and/or correctional institutions; sanatoriums, religious, charitable and/or related institutions.
D.
Height and area restrictions.
§ 440-22 Planned Development District.
A.
Purpose and intent.
(1)
The purpose of the Planned Development District is to provide a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of this section and with the Village land use plan. Developers can propose uses or combination of uses and configurations of intensity and density of development. Through a process of Plan Commission review, public hearing and Village Board review and approval, accompanied by discussions with developers and, as appropriate, with other interested parties, an agreement is reached between the property owner and the Village of Clyman. The details of this agreement constitute the zoning controls of the property. These controls have the same legal force and effect as do standard zoning requirements.
(2)
The Village Board may, by resolution, authorize the Zoning Administrator to issue a PDD after review, public hearing, and advisory recommendation from the Plan Commission, provided the Planned Development District is found to be in accordance with the purpose and intent of this section and is further found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of the Planned Development District, the Village Board in its findings shall further specify the delimiting reasons or factors which resulted in approving the PDD. Prior to granting a Planned Development District, the Commission shall make findings based upon the evidence presented that the Planned Development District described are being complied with.
B.
Preapplication conference.
(1)
Prior to filing an application for approval of a preliminary Planned Development District, the developer shall consult with the Plan Commission for advice and assistance for the purpose of determining land suitability and reviewing the procedures and requirements of this section and other ordinances, and any plans or data which may affect the proposed development.
(2)
All applications hereunder shall use the environmental assessment checklist, available from the Village Clerk-Treasurer, whether or not a land division is proposed with the application.
(a)
Purpose. The purpose of the environmental assessment checklist is to provide the basis for an orderly, systematic review of the effects of all planned development upon the land, community, and environment in accordance with sound principles of land development. The procedures for this process, as well as the reasons for such review, are referenced in Subsection L.
(b)
Coverage. The environmental checklist shall apply to all reviewable Planned Development Districts.
C.
Planned Development District application.
(1)
An owner may apply for rezone into a PDD in any of the following zones within the Village:
(2)
The PDD District may be applied through the procedures and requirements as identified herein, provided that, if initiated by the owner or contract purchaser of the subject property, or their authorized representatives, application for a zone change to apply the PDD District must be in conjunction with application for PDD general development plan approval. All development in the PDD District requires approval of a PDD general development plan and final development plan as provided in this section.
D.
Criteria for zone change to apply Planned Development District. The Village Board shall decide an application to apply the PDD District and shall approve the zone change if it finds two or more of the following:
(1)
The subject property contains significant landscape features or open space whose preservation requires Planned Development District rather than conventional lot-by-lot development;
(2)
Planned Development District of the subject property will promote increased energy conservation or use of renewable energy resources;
(3)
The subject property contains natural hazards, the avoidance of which requires planned development of the property;
(4)
Planned Development District of the subject property will produce more efficient use of the land and provision of services than conventional lot-by-lot development.
E.
PDD general development plan. Approval of a PDD general development plan is a development request subject to this section. The submittal packet shall contain all the following items, prior to its acceptance by the Zoning Administrator, Plan Commission and/or the Village Board.
(1)
An application of PDD general development plan approval shall be initiated as provided herein.
(2)
The PDD general development plan shall consist of the following:
(a)
Written documents containing the following information:
[1]
A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning.
[2]
The names and addresses of all owners of adjacent property.
[3]
A statement of planned objectives to be achieved by the PDD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and adjacent areas, discussion of how the proposed development will relate to the natural environment and significant landscape features of the site and adjacent areas, and the rationale behind the assumption and choices made by the applicant.
[4]
A development schedule indicating the approximate date when construction of the PDD stages of the PDD can be expected to begin and be completed.
[5]
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PDD, such as land areas, dwelling units, etc.
[6]
Quantitative data for the following: total number and type of dwelling units; parcel sizes; proposed lot coverage of buildings and structures; approximate gross and net residential acreages; total amounts of open space; amounts of private, common and public open space; total area and types of nonresidential construction; economic feasibility studies or market analysis where necessary.
(b)
Site plan and supporting maps. A site plan and any maps necessary to show the major details of the proposed PDD, containing the following minimum information:
[1]
The existing site conditions, including contours at vertical intervals of not more than two feet where average slope is less than 10% or four feet where slope is 10% or greater. Elevations shall be marked on such contours based upon U.S.G.S. data where available and upon the best available data in all other cases.
[2]
Proposed lot lines and layout design.
[3]
The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, and nonresidential structures, including commercial facilities.
[4]
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles).
[5]
Architectural concept plan. An architectural concept plan prepared in sufficient detail to show the mass, form, elevations, rooflines and general architectural style of proposed buildings on the site and their compatibility with nearby uses.
[6]
The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common public open spaces or recreational areas, school sites, and similar public and semipublic uses.
[7]
The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way.
[8]
Traffic circulation. The location and number of points of access to the site, the interior circulation pattern of streets and pedestrianways, the separation between pedestrian and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and uses shall be designed to maximize safety and convenience and be compatible with neighboring road systems, buildings and uses. The criteria that shall be followed include:
[a]
Minimum number of conflict points between auto traffic and pedestrian traffic to include the adequate design and demarcation of the pedestrian walkways from parking or driveway areas. Pedestrian walks shall not be obstructed by the storage, display or sale of merchandise.
[b]
Service traffic separation from customer traffic. For mall-type centers, service traffic shall be limited to specific times of the day, such times to be reasonably determined by the Planning and Zoning Commission.
[c]
Frontage service drives may be required by the Village Board if area traffic conditions warrant.
[9]
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatments of points of conflict.
[10]
The existing and proposed systems for providing sewage disposal, water, electricity, gas, fire protection and telephone services.
[11]
A general schematic landscape plan indicating the technique and materials to be used for private, common and public open spaces.
[12]
A preliminary subdivision or partition plan if the land is to be divided.
[13]
Information on land areas adjacent to the proposed PDD, including land uses, zoning classifications, densities, circulation systems, public facilities, and significant landscape features, to show the relationship between the proposed development and the adjacent properties.
[14]
The proposed treatment of the perimeter of the PDD, including materials and techniques to be used, such as screens, fences and walls.
(c)
Architectural control. No building, fence, wall or structure shall be commenced, erected, or maintained upon any lot, or shall any exterior addition to, change, or alteration thereof be made until plans, material, and location of the same have been submitted to and approved, in writing, by the Commission or its designee.
(3)
The Village Board shall decide on the PDD general development plan application as provided herein and shall approve the general development plan if it finds:
(a)
The proposed PDD is consistent with Comprehensive Plan goals policies and map designations, with the purpose set forth in Subsection A of this section.
F.
Development standards for general development plan. A PDD general development plan shall be submitted at a scale not more than 200 feet to one inch and shall show all information required in Subsection E.
G.
Minimum site size. None. The Village of Clyman will practically determine appropriate site area upon receipt of individual PDD applications.
H.
Permitted uses. The uses which may be permitted under a Planned Development District include a mixture of uses, including any uses permitted under this chapter. Permitted uses may also include any conditional uses authorized in any of the foregoing districts under this chapter and compatible uses as determined by the Village Board by approval of the final development plan. No use is permitted as a matter of right in the PDD District except as may be provided in an approved final development plan.
I.
Residential density.
(1)
Basic allowable density. Unless an increase in density is allowed by the Village Board, the number of dwelling units shall not exceed the number that would be allowed on the gross acreage of the PDD, if dwelling units of same type where built at the minimum lot sizes specified by the zoning district.
(a)
Single-family residential. Single-family detached residential development served by a public sanitary sewer system at densities of between three and five dwelling units per acre. This category includes stormwater management facilities and mini-parks to serve residential development.
(b)
Two-family residential. Groupings of two or more duplexes and attached single-family residences with individual entries (e.g., townhouses) served by a public sanitary sewer service system.
(c)
Mixed residential. A variety of residential units, particularly multiple-family housing (three-or-more-unit buildings), at densities averaging above eight dwelling units per acre and served by a public sanitary sewer service system.
J.
Building spacing.
(1)
A general development plan shall provide for reasonable light, ventilation, and visual and acoustic privacy for residences and other structures. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, and reduction of noise. High-rise buildings shall be located within a PDD in such a way as to avoid adverse impact on neighboring low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.
K.
Open space.
(1)
Planned developments containing a residential component shall provide and maintain usable open space as shown on the approved site plan. Locations, shapes, sizes, and other characteristics of open spaces shall be consistent with their proposed uses and the purposes of the PDD. Otherwise to meet the environmental design standards of Subsection L, common or public open space shall be distributed equitably throughout the PDD in relation to the dwelling units of the residents they are intended to serve.
(2)
Open spaces shall be suitably improved for the intended use. Open spaces containing significant landscape features may be left unimproved or may be improved to assure protection of the features, subject to requirements imposed by the Village Board pursuant to Subsection L.
(3)
The development schedule required by Subsection E shall provide for coordination of the improvement of open spaces with the construction of other proposed site improvements.
(4)
The Village Board shall require that the applicant assure permanent common or public open space required by this section by the following way:
(a)
By conveying the open space to a public agency which will agree to maintain the open space and any buildings, structures, or improvements which have been placed on it.
L.
Environmental design.
(1)
General development plan shall provide, to the greatest extent possible, for the preservation of significant landscape features, historic sites, and landmark and for the integration of the proposed development with the environmental characteristics of the site and adjacent areas. The Village Board may require that significant landscape features and historical sites be preserved as part of the common or public open space of the project.
(2)
Excessive site clearing of topsoil, trees and natural features before the commencement of construction operations shall be discouraged. The Village Board may require the applicant to submit a grading plan detaining proposed excavation, earthmoving procedures, and other changes to the landscape, in order to ensure preservation of the character of the area to be retained in open space.
(3)
Sites for residential and nonresidential buildings shall be discouraged in areas of natural hazards, such as floodplains, areas subject to landslides, areas with average slopes greater than 20 and areas with unstable soil formations. The Village discourages placement of new buildings on hydric soils and on slopes between 12% and 20% where other more appropriate sites are available.
(4)
The Village Board shall require that all floodplains be preserved as permanent common or public open space, and may require that other natural hazard areas be included in the common or public open space of the proposed development and be left unimproved or improved to assure minimization of the hazard.
(5)
The Village Board shall require natural resource features to be depicted on all site plans, preliminary plats and certified survey maps, including wetlands, steep slopes, floodplains, drainageways, wooded areas, and mature trees. Once identified, it shall establish maximum clearance or removal standards for these features and require on-site mitigation where those standards cannot be met. All manufactured slopes shall be planted or otherwise protected from the effects of storm runoff erosion, and shall be of a character to cause the slope to bend with the surrounding terrain and development. The applicant shall provide maintenance of the planting until growth is established.
(6)
The Village Board shall utilize subdivision, zoning, and official mapping authority to protect environmental corridors within the Village limits and extraterritorial areas.
(7)
The Village Board shall emphasize use of natural drainage patterns, construction site erosion control, and ongoing stormwater management measures that minimize pollution and control the quality, quantity and temperature of water leaving any site.
M.
Emergency access. The configuration of buildings, driveways, and other improvements shall allow convenient and direct emergency vehicle access.
N.
Perimeter design.
(1)
The general development plan shall minimize adverse impacts of proposed uses and structures in the PDD and existing and anticipated uses and structures in the adjacent area.
(2)
If topographical or other barriers do not provide reasonable privacy for existing uses adjacent to the development, the Village Board shall require one or more of the following:
(a)
A special setback, or setbacks, of residential and nonresidential structures shall be located on the perimeter.
(b)
Residential and nonresidential structures located on the perimeter of the development shall be screened by fencing, landscaping, or other natural or man-made materials. Such amenities shall be shown on the general development plan and approved by the Zoning Administrator, Plan Commission or Village Board.
O.
Development phasing. The applicant may provide in the general development plan for development of the project in phases, if approved by the Village Board.
P.
Duration of PDD general development approval.
(1)
Preliminary PDD hearing. Upon receipt of the completed application, the Plan Commission or the Village Board shall schedule the matter for public hearing before the Planning and Zoning Commission. Notice of the hearing shall be given by publication of a Class 2 notice as provided in Ch. 985, Wis. Stats. The hearing may, at the request of the applicant, be continued as necessary for the submission of additional information or the revision of the application documents.
(a)
Public hearing. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, Zoning Administrator, Village Board and Plan Commission, and the owners of record, as listed in the office of the Village Clerk-Treasurer, who are owners of property in whole or in part situated within 300 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearings. Said notice should be sent by first class mail with an affidavit of mailing to the last known address of these persons as shown in the records of the Village.
(2)
Planning and Zoning Commission action. Within 60 days after the completion of the hearing, the Planning and Zoning Commission shall make findings with regard to the standards set forth in Subsection E and forward a report to the Village Board with a recommendation to approve, approve with conditions, or reject the general development plan.
(3)
Board action of general development plan. Approval of the general development plan by the Village Board shall constitute approval of the general arrangement of the plan, the provisions submitted by the applicant, and a waiver of those provisions of the general zoning code which are set forth in the plan. Such approval shall become void, as to any lands for which a final development plan application is not submitted by the latest of:
(a)
One year from the date of approval of the general development plan, unless the date is extended and written approval is provided by the Village Board.
Q.
PDD final development plan approval. If the final development plan complies with the approved general development plan, except for changes required as a condition of such approval, and subject to approval of such changes, and if the Village Board approves all of the features as shown on the site plan required by Subsection E, the Village Board shall adopt an ordinance reclassifying the subject property to the PDD District effective upon completion of the development in accordance with the final development plan and granting the applicant a conditional use permit authorizing the development in accordance with the plan. A representative of the Village Board shall deliver the recording and approved development plan and all ordinances, dedications, covenants and such other documents as may be required as a condition of the approval.
(1)
Final application submission. Fifteen copies of the final development plan shall be filed with the Village. Such submissions shall be accompanied by a fee and review escrow in accordance with a fee schedule set by the Village Board. The final development plan shall include the following.
R.
Expiration of final development plan approval. The applicant shall conform to a development schedule in the final development plan approved by the Village Board. If construction has not begun, or an approved use established within a period of three years from the approval of the final Planned Development District, or if any improvement is not completed within three years from the date set forth in the general development plan, the conditional use permit shall expire and be void.
S.
Amendments to approved general and final development plans. Minor changes from the approved development plan in the location, setting and height of buildings and structures may be authorized by the Zoning Administrator or other authorized Village representative, without additional public hearing if required by engineering or other circumstances not foreseen at the time and final plan was approved. Changes must be recorded as amendments to the final planned unit development in accordance with the same procedure as required for the initial final plan approval.
T.
Granting of extensions. The Village Board may extend the period for the beginning of construction, and establishment of an approved use, or completion of a phase of development as provided in the development schedule. If a final development plan lapses under the provision of this section, the Zoning Administrator, Village representative or Plan Commission or the Village Board, shall notify the applicant of the lapse of permit and the property owner shall promptly cause the property to be brought into compliance with all of the district regulations in effect prior to the approvals granted pursuant to approval of the Planned Development District.