Grand Chute Town City Zoning Code
ARTICLE V
Schedule of District Regulations
§ 535-22 Interpretation and organization.
[Amended 3-5-2002]
B.
Permitted principal and accessory uses and structures listed for any district shall be permitted by right subject to the conditions as specified.
C.
Special exception uses and structures listed for any district are permissible only upon approval by the Town Board of the Town of Grand Chute, after notice and hearing, subject to the conditions as specified and any other conditions as may be imposed by the Town Board to promote the general health, safety and welfare.
D.
In those instances where district regulations set forth a list of permitted or permissible uses followed by the phrase "and uses of a similar nature," it is understood that the list of permitted or permissible uses is not exhaustive or all inclusive but that other uses of a like or similar nature are also permitted or permissible. Determination of whether a specific use, not enumerated, is of a like or similar nature shall be made by the Zoning Administrator. The determination by the Zoning Administrator may be appealed as provided in § 535-95.
§ 535-23 AED Exclusive Agricultural District.
[Amended 2-22-2001]
A.
Purpose. The intent of this district is to maintain highly productive agricultural lands in agricultural production by effectively limiting encroachment of nonagricultural development, by minimizing land use conflicts between agricultural and nonagricultural uses, and by minimizing public service and facility costs associated with nonagricultural development. This district is further intended to comply with standards contained in Ch. 91, Wis. Stats., to permit eligible landowners to receive tax credits under § 71.09, Wis. Stats., in connection with their agricultural operations.
B.
Permitted principal uses and structures.
(1)
Agricultural uses, including beekeeping, dairying, floriculture, poultry and livestock raising, stables, plant nurseries and orchards, raising of grain and seed crops, raising of grass and mint, raising of nuts and berries, raising of fruits and vegetables, viticulture, and forest and game management.
(2)
Dwellings existing before the effective date of adoption of this chapter which are not accessory to or associated with agricultural uses.
(3)
For purposes of farm consolidation, farm residences or structures which existed prior to the effective date of adoption of this chapter may be separated from the larger farm parcel.
C.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures. Single-family dwellings or mobile homes shall be considered accessory to agricultural uses provided that such dwellings are occupied by a person or a family at least one member of which earns a substantial part of his or her livelihood from farming operations on the farm parcel or is the parent or child of the farm operator. Accessory dwellings may be established on a separate parcel.
(2)
One roadside stand per farm used solely for the sale of products produced on the premises.
(3)
Home occupations.
(4)
Public utility installations.
D.
Special exception uses and structures.
(1)
Fur farms.
(2)
Riding stables.
(3)
Sawmills.
(4)
Farm equipment and machinery sales and service.
(5)
Establishments for the processing, centralized bulk collection, storage, or distribution of agricultural products.
(6)
Governmental uses, including landfills, highway storage facilities and public buildings.
(7)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries, museums and the like.
(8)
Veterinary offices.
E.
Dimensional requirements.
(1)
Principal agricultural uses and structures. Minimum lot area: 35 acres. There are no minimum lot width or yard requirements and no height limitations.
(2)
Preexisting dwellings and accessory dwellings on a separate parcel. Minimum lot area: 20,000 square feet; minimum lot width: 100 feet. Yards shall be a minimum of 25 feet in depth if at the front or rear and 15 feet in width if at the side. There are no height limitations.
(3)
Other permissible principal uses and structures. Minimum lot area: one acre; minimum lot width: 150 feet; minimum front and rear yard depth: 40 feet. Minimum lot area and yard requirements may be increased as a condition of a special exception permit.
§ 535-24 AGD General Agricultural District.
[Amended 3-18-1997; 4-3-1997; 2-22-2001; 3-5-2002]
A.
Purpose. The intent of this district is to maintain open land areas predominantly devoted to farming and agricultural-related uses. It is anticipated that while certain areas within this district will eventually be used for nonagricultural uses, the intensity of development will remain significantly limited due to a lack of urban facilities and services. It is also intended that this district provide for small-scale, family-oriented businesses on a case-by-case basis.
B.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-23B(1) in the AED District.
(2)
Parks and nature preserves.
(3)
Single-family detached dwellings and mobile homes, unrelated to any farm operations, as a principal use and structure on individual lots which are not part of a recorded subdivision plat as defined in Chapter 475, Subdivision of Land, of this Code. Mobile homes shall be further subject to § 382-10C of this Code requiring a ten-acre parcel and a special permit.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-23C(1) through (4) in the AED District.
D.
Special exception uses and structures.
(1)
Special exception uses and structures in § 535-23D(1) through (6) in the AED District; provided, however, that no such use or structure shall be located within 500 feet of an existing residential dwelling other than the owner's or within 500 feet of the exterior boundary of a recorded subdivision plat.
(2)
Public and semipublic nonprofit institutional uses of similar nature.
(3)
Golf courses.
(5)
Cemeteries.
(6)
Veterinary offices.
(7)
Warehouses, self-storage facilities, access-controlled self-storage facilities, and building supply establishments subject to the conditions in Subsection D(1) above. Self-storage facilities shall also be subject to the setback requirements outlined in § 535-39C(8).
[Amended 2-6-2024 by Ord. No. 2024-01]
(8)
Resource extraction uses, including quarrying and sand and gravel pits, subject to the requirements to § 535-58.
(9)
Outdoor commercial recreational uses, including recreational camps, campgrounds, golf, archery and rifle ranges, sledding and skiing facilities and uses of a similar nature.
(10)
Commercial exhibits of historical or natural significance.
(11)
Contractor's storage yard.
(12)
The following uses, provided that the owner or proprietor resides on the premises: automobile, farm equipment and small engine repair shops; offices and/or shops in connection with skilled tradesmen, including plumbers, electricians, carpenters, welders and the like; and production and/or sales of crafts produced on the premises.
[Amended 3-16-2021 by Ord. No. 2021-04]
(13)
Taverns existing before the effective date of adoption of this chapter.
(14)
Sales of lawn and garden equipment in connection with a plant nursery.
(15)
Airports, public or private.
(16)
Dog kennels.
§ 535-25 RSF Single-Family Residential District.
[Amended 1-4-2000; 12-19-2000; 2-22-2001; 2-7-2002; 1-20-2004; 8-3-2004]
A.
Purpose. This district is intended to provide for single-family detached residential development. The density of development is based on the availability of public facilities and the extent of coordination and planning as indicated by whether the development is part of an approved and recorded subdivision plat.
C.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures. Specific attached garage requirements are as follows:
[Amended 12-1-2020 by Ord. No. 2020-07]
(a)
In no case shall an attached garage foundation exceed the size of the living area foundation of each dwelling unit.
(2)
Temporary structures in connection with the construction of principal structures, provided that such structures are not used for living purposes. Temporary structures shall not remain over 90 days after construction of the principal structure is substantially complete.
(3)
Home occupations.
(4)
Public utility installations.
D.
Special exception uses and structures.
(1)
Convalescent homes and nursing homes.
(2)
Cemeteries.
(3)
Gardens, nurseries and orchards, provided that no sales are conducted on the premises.
(8)
Bed-and-breakfast establishments, provided that the owner resides on the premises.
(9)
Storage garage as an accessory building.
(10)
Day care (group).
(11)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries and the like, provided that principal access shall be directly onto a collector or arterial street.
(12)
Golf course and community centers.
(13)
Residential/office, provided that:
(a)
The building(s) is/are constructed prior to January 1, 1950.
(b)
The building(s) is/are located on a collector or arterial street.
(c)
Signage shall be limited to one identification sign of no greater than 32 square feet in accordance with Article XV.
(d)
The use will preserve a historic or culturally significant site or structure that serves as an example of a style of architecture or design that is characteristic of a past time or culture in the Town of Grand Chute. For example, a farmstead containing a house of Folk Victorian design could be determined to have historic or cultural significance. The applicant shall provide information or documentation on the site or structure's historic or cultural significance. The Plan Commission shall make the final determination whether the proposed project preserves a historic or culturally significant site or structure. The Plan Commission may determine that the proposed site or structure is historic but the site or structure need not be enrolled in a national, state or local historical register.
(e)
The Town approves the proposed parking, landscaping and lighting.
(f)
A residential/office use may include a contractor's office, showroom, gift shop, and workshop located in a restored barn.
[Added 12-15-2009 by Ord. No. 2009-17]
(14)
Model homes.
(a)
Purpose. The purpose of this subsection is to provide for the erection of model homes in new subdivisions without adversely affecting the character of surrounding residential neighborhoods by creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their surrounding environment.
(b)
Procedure. The erection of a model home(s) used as a temporary real estate or builder's office(s) shall require a special exception permit.
(c)
Requirements.
[2]
All model home lots shall be identified on the final plat and located on either side of the public roads that enter the subdivision.
[3]
A model home may be located only in a platted subdivision of 10 or more vacant lots.
[4]
Performance requirements.
[a]
No model home shall incorporate outside lighting which creates a nuisance due to glare or intensity. Exterior lighting shall be limited to 100 watts per light and 40 watts per bulb. No light shall be cast off the model home lot.
[b]
No audible music or other exterior sound shall be audible beyond the lot line.
[c]
No dumpsters, port-a-potties or building materials shall be stored on the site.
[e]
Temporary parking facilities shall be provided on the site and shall include four parking spaces per model home unit. Such temporary parking facilities shall provide handicap accessible parking and accessible routes as required by the Grand Chute Building Code. The overall design, drainage and surfacing of the temporary parking facility shall be subject to the approval of the Town.
[5]
The special exception permit for a model home shall be for the shorter of one year or when houses are constructed on 85% of the lots in the subdivision.
[6]
No residential occupancy permit shall be issued for a model home until such time as the structure has been fully converted to a residence. Such conversion shall include, but not be limited to, elimination of temporary parking, driveway restoration and the removal of signage and lighting. The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the next growing season. The developer or contractor constructing the model home shall provide the Town with a performance bond to insure the residential conversion upon termination of the use or special exception permit. The Town shall determine the amount of the bond.
[7]
The developer may apply for up to four special event permits for special sales events in a calendar year, which may be individually granted or denied in the discretion of the Town Board based upon the risk of nuisance affecting occupied residences.
[8]
The Town shall set the hours of model home open houses and exterior lighting. The standard hours shall be 1:00 p.m. to 4:00 p.m. on Saturday and Sunday and 6:00 p.m. to 8:00 p.m. on Mondays and Thursdays.
(15)
Dog kennel, provided that:
[Added 6-21-2011 by Ord. No. 2011-14]
(a)
The property must contain an owner-occupied single-family residence and be a minimum lot size of two acres.
(b)
Based on the positioning of the residence on the lot, the rear yard must abut:
(c)
No more than 12 dogs may be boarded, kept, harbored or owned in custody
(d)
The special exception permit holder will be obligated to maintain quiet dogs as a condition for continuing the permit and reasonably prevent other nuisances from occurring as a result of operating a dog kennel.
E.
Dimensional requirements.
(1)
Single-family detached dwellings.
(a)
Within an approved and recorded subdivision plat served by public sewer, minimum dimensions as follows: lot area: 7,200 square feet per dwelling; lot width: 60 feet; front yard: 25 feet; side yards: six feet each; rear yard: 25 feet; maximum lot coverage: 30%; maximum height: 35 feet (2 1/2 stories).
(b)
Not within an approved and recorded subdivision plat but served by public sewer, minimum dimensions as follows: 9,000 square feet per dwelling; lot width: 75 feet; front yard: 25 feet; side yards: six feet each; rear yard: 25 feet; maximum lot coverage: 20%; maximum height: 35 feet (2 1/2 stories).
(c)
Within an approved and recorded subdivision plat not served by public sewer, minimum dimensions as follows: lot area and lot width as provided in Ch. Comm 85, Wis. Adm. Code, but in no event shall lot area be less than 15,000 square feet and lot width be less than 90 feet; front yard: 25 feet; side yards: six feet each; rear yard: 35 feet; maximum lot coverage: 15%; maximum height: 35 feet (2 1/2 stories).
(d)
Not within an approved and recorded subdivision plat not served by public sewer, minimum dimensions as follows: lot area and lot width as provided in Ch. Comm 85, Wis. Adm. Code, but in no event shall lot area be less than 18,000 square feet and lot width be less than 100 feet; front yard: 25 feet; side yards: six feet each; rear yard: 40 feet; maximum lot coverage: 15%; maximum height: 35 feet (2 1/2 stories).
(e)
Lot splitting. The purpose of this subsection is to assure harmonious development and to reduce negative impact on values, aesthetics, and transition of neighborhood character resulting from extraordinary variations in lot size for single-family residential dwellings that may result from the creation of new lots which are exceptionally small in relation to existing adjacent lots. It is recognized that the creation of new small lots adjacent to larger lots, even if such lots meet other minimum lot size requirements under Town ordinances, may be damaging to the values of adjacent residential properties and result in home sizes out of character with the other development in the immediate neighborhood. In furtherance of the purposes of this subsection the following provisions shall apply:
[Amended 4-7-2011 by Ord. No. 2011-09]
[1]
The creation of any new lot resulting from creating a parcel or split of an existing tax parcel creating any new lot less than 14,400 square feet shall be subject to the restrictions below:
[a]
Such newly created lot shall equal a minimum of 75% of the square footage lot area of any residential lot bordering the new subject lot being created.
[b]
Any such new lot created shall meet minimum square footage requirements under the Outagamie County Airport Overlay Zoning Code regardless of any other restrictions or authorizations in this subsection.
[2]
The foregoing restrictions shall only apply under circumstances where an adjacent bordering single-family lot has an existing completed single-family residential dwelling:
(2)
Other permitted or permissible uses and structures.
(a)
Detached accessory buildings. No detached accessory building shall occupy any portion of the front yard, and no detached accessory building shall occupy more than 30% of the rear yard or be located within three feet of any other accessory building, principal building or lot line.
(b)
Accessory structures. Notwithstanding fences, residential driveways and parking lots, unless otherwise provided by these regulations, no structure shall be located within 10 feet of any accessory building or principal building or three feet of any lot line.
§ 535-26 RTF Two-Family Residential District.
[Amended 1-4-2000]
A.
Purpose. This district is intended to provide for medium-density residential development with emphasis on two-family and single-family attached residential uses. This district is also intended to provide for infilling opportunities for parcels which for various reasons have been bypassed by development. This district is primarily intended to apply to areas presently served by a public sewer system.
B.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-25B(1) through (4) in the RSF District.
(2)
Two-family dwellings served by a public sewer system.
(3)
Single-family attached dwellings served by a public sewer system.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-25C(1) through (4) in the RSF District.
E.
Dimensional requirements.
(1)
Single-family detached dwellings. Dimensional requirements as provided in the RSF District.
(2)
Two-family dwellings.
(a)
Served by public sewer and water, minimum dimensions as follows: lot area: 9,000 square feet (4,500 square feet per family); lot width: 75 feet; front yard: 25 feet; side yards: six feet each; rear yard: 25 feet; maximum lot coverage: 30%; maximum height: 35 feet (2 1/2 stories).
(b)
Not served by public sewer, minimum dimensions as follows: lot area and lot width as provided in Ch. Comm 85, Wis. Adm. Code, but in no event shall lot area be less than 18,000 square feet and lot width be less than 100 feet; front yard: 25 feet; side yards: six feet each; rear yard: 40 feet; maximum lot coverage: 15%; maximum height: 35 feet (2 1/2 stories).
(3)
Single-family attached dwellings. Each single-family attached development shall have a minimum lot area of 12,000 square feet and minimum lot width of 100 feet. Each group or series of single-family attached dwellings shall have a minimum front yard of 25 feet, side yards of six feet each, and rear yard of 25 feet. Maximum density is 10 dwelling units per net acre, maximum lot coverage is 25%, and maximum height is 35 feet (2 1/2 stories). Not more than six dwelling units shall be contiguous or in one series or group, and not more than two contiguous dwelling units in one group or series shall have the same or approximately the same roofline or building line. Not less than 40% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required for all single-family attached dwelling developments. Common open spaces shall be subject to the requirements of § 535-51.
(4)
Other permitted or permissible uses and structures. Same dimensional requirements as provided in the RSF District.
[Amended 4-7-2011 by Ord. No. 2011-09]
§ 535-27 R-2 Two-Family Residence District.
[Added 1-4-2000]
A.
District intent.
(1)
The R-2 District is intended to:
(a)
Establish and preserve two-family residential districts in the Town.
(b)
Permit medium-density suburban two-family residential development in a manner that is consistent with providing a high-quality suburban character as set forth in the Town of Grand Chute Comprehensive Plan.[1]
(c)
Be served by public sanitary sewer and water supply facilities.
(2)
Areas of open space may also be provided in this district in order to maintain this character. The options in this district promote open space and natural resource base protection. The requirements for the various options available under the provisions of this district are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-2 District requires development standards as set forth in Subsection F of this section.
C.
Permitted principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries and the like, provided that principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction of principal structures, provided that such structures are not used for living purposes. Temporary structures shall not remain over 90 days after construction of the principal structure is substantially complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
(2)
Lot dimensional requirements.
(a)
Minimum lot area: 14,520 square feet.
(b)
Minimum lot width at setback line: 90 feet.
(c)
Minimum front yard: 25 feet.
(d)
Minimum side yard: 10 feet.
(e)
Minimum rear yard: 25 feet.
(f)
Minimum front yard from private road: 25 feet.
(g)
Maximum building coverage (maximum percentage of lot area): 30%.
§ 535-28 R-3 Single-Family Attached Residence District.
[Added 1-4-2000]
A.
District intent.
(1)
The R-3 District is intended to:
(a)
Establish and preserve single-family attached residential districts in the Town.
(b)
Permit medium-density type, owner-occupied, single-family attached residential development in a manner that is consistent with providing a high-quality suburban character as set forth in the Town of Grand Chute Comprehensive Plan and components.[1]
(c)
Be served by public sanitary sewer and water supply facilities.
(2)
Areas of open space may also be provided in this district in order to maintain this character. The options in this district promote open space and natural resource base protection. The requirements for the various options available under the provisions of this district are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-3 District requires development standards as set forth in Subsection J of this section.
C.
Permitted principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries and the like, provided that principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwelling served by a public sewer system.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction of principal structures, provided that such structures are not used for living purposes. Temporary structures shall not remain over 90 days after construction of the principal structure is substantially complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-3 District requires the following architectural standards for principal and accessory structures:
G.
Landscape and screening standards. The R-3 District requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 30% of the perimeter front, side and rear yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off the property. Light poles shall not exceed 25 feet.
J.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
§ 535-29 R-4 Multifamily Residence District.
[Added 1-4-2000]
A.
District intent.
(1)
The R-4 District is intended to:
(a)
Establish and preserve multiple residential districts in the Town.
(b)
Permit higher-density type multiple-family residential development in a manner that is consistent with the provision of a high-quality suburban community character as set forth in the Town of Grand Chute Comprehensive Plan and components thereof.[1]
(c)
Be served by public sanitary sewer and water supply facilities.
(d)
Be used as a transitional district between the less dense residential districts and commercial and industrial districts.
(2)
Areas of open space may also be provided in this district in order to maintain this character. The options in this district promote open space and natural resource base protection. The requirements for the various options available under the provisions of this district are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-4 District requires development standards as set forth in Subsection J of this section.
C.
Permitted principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries and the like, provided that principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwellings.
(8)
Multiple-family dwellings, provided that the building does not exceed three stories in height.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction of principal structures, provided that such structures are not used for living purposes. Temporary structures shall not remain over 90 days after construction of the principal structure is substantially complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-4 District requires the following architectural standards for principal and accessory structures.
G.
Landscape and screening standards. The R-4 District requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 30% of the perimeter front, side and rear yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off the property. Light poles shall not exceed 25 feet.
§ 535-30 R-5 Multifamily Residence District.
[Added 1-4-2000]
A.
District intent.
(1)
The R-5 District is intended to:
(a)
Preserve preexisting multiple residential districts in the Town.
(b)
Permit highest-density type multiple-family residential development for infill or redevelopment projects in a manner that is consistent with the provision of a high-quality suburban community character as set forth in the Town of Grand Chute Comprehensive Plan and components thereof.[1]
(c)
Be served by public sanitary sewer and water supply facilities.
(d)
Be used as a transitional district between the less dense residential districts and commercial and industrial districts.
(2)
Areas of open space may also be provided in this district in order to maintain this character. The options in this district promote open space and natural resource base protection. The requirements for the various options available under the provisions of this district are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. R-5 District requires development standards as set forth in Subsection J of this section.
C.
Permitted principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses, including churches, schools, libraries and the like, provided that principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwellings.
(8)
Multiple-family dwellings providing enclosed or underground parking.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction of principal structures, provided that such structures are not used for living purposes. Temporary structures shall not remain over 90 days after construction of the principal structure is substantially complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-5 District requires the following architectural standards for principal and accessory structures:
G.
Landscape and screening standards. The R-5 District requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 20% of the perimeter front, side and rear yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off the property. Light poles shall not exceed 25 feet.
J.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
§ 535-31 RMF Multifamily Residential District.
[Added 1-4-2000]
A.
Purpose. This district is intended to provide for medium- to high-density residential areas with emphasis on multifamily or apartment development. This district requires access to public sewer.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-25C(1) through (4) in the RSF District.
D.
Special exception uses and structures.
(1)
Special exception uses and structures in § 535-25D(1) through (5) in the RSF District.
(2)
Multiple-family dwellings in buildings exceeding three stories in height.
E.
Dimensional requirements.
(1)
Single-family detached dwellings. Dimensional requirements as provided in the RSF District.
(2)
Two-family dwellings. Dimensional requirements as provided in the RTF District.
(3)
Single-family attached dwellings. Dimensional requirements as provided in the RTF District.
(4)
Multiple-family dwellings.
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
Not exceeding three stories or 45 feet in height, minimum dimensions as follows: lot area: 10,000 square feet; lot width: 90 feet; front and rear yard: 25 feet; side yards: eight feet each; maximum density: 20 dwelling units per net acre; lot coverage 30%. If more than one building is located on the parcel, they may be no closer than 50 feet to each other, unless in a PUD (see § 535-59). Buildings shall be set back 20 feet from internal drives or parking areas. The Plan Commission may approve variations to the required internal setbacks if provisions have been made to provide acceptable alternatives to separate buildings from automobiles or when additional green space is provided to minimize crowding of buildings. Not less than 30% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required.
(b)
Exceeding three stories or 45 feet in height, minimum dimensions as follows: lot area: 20,000 square feet; lot width: 100 feet; side yards: eight feet each; front and rear yards: 25 feet; maximum density: 20 dwelling units per net acre; lot coverage: 30%. If more than one building is located on the parcel, then they may be no closer than 50 feet to each other, unless in a PUD (see § 535-59). Buildings shall be set back 20 feet from internal drives or parking areas. Not less than 30% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required.
(5)
Other permitted or permissible uses and structures. Same dimensional requirements as specified in the RSF District.
[Amended 4-7-2011 by Ord. No. 2011-09]
§ 535-32 C-1 Neighborhood Commercial District.
A.
Purpose. This district is intended to provide for the convenience of persons residing in nearby residential areas and accommodates the basic day-to-day shopping and service needs of the residents living in the adjacent areas. The design and function of this commercial district must minimize any potential negative impact on the adjacent residential areas.
B.
C.
Principal permitted uses. None.
D.
Permitted accessory uses and structures.
E.
Special exceptions.
(1)
Art gallery, museum, library, community center or other publicly owned and operated facility.
(2)
Automobile service.
(3)
Automobile filling station.
(4)
Convenience store.
(5)
Group day-care facilities.
(6)
Professional or business offices.
(7)
Service establishments, including barbershops or beauty shops, laundry or dry cleaner and uses of a similar nature.
(8)
Places of worship.
F.
G.
Permitted accessory signs. As stipulated in Article XV, Signs and Billboards.
[Added 4-7-2011 by Ord. No. 2011-09]
I.
Architectural standards. The C-1 District requires the following architectural standards for principal and accessory structures:
(1)
At least 80% of all exterior walls shall be faced with a brick, block, fieldstone or other masonry surface toward a residential zone or public street.
(2)
No flat wall exceeding 25 feet in length shall be permitted for any structure; wall offsets, architectural details and wall facing shall be used to meet this requirement.
J.
Landscape and screening standards. The C-1 District requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 15% of the perimeter front, side and rear yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
§ 535-33 C-2 Office Commercial District.
[Added 2-22-2001]
A.
Purpose. This district is intended to provide a buffer between residential and commercial and/or industrial uses by permitting professional and business offices. To serve as a buffer, landscaping, parking lot, architectural and other requirements are required to create a visual barrier and protector of the residential uses.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
D.
Permitted accessory uses and structures.
E.
Special exceptions.
(1)
Financial institutions.
(2)
Clubs and organization, profit and nonprofit.
(3)
Convalescent homes, nursing homes and day care (family or group).
(4)
Veterinary offices.
(5)
Places of worship.
(6)
School, public or private.
(7)
Hospitals, health centers, nursing homes and convalescent homes.
(8)
Vocational, trade or business schools.
F.
G.
Permitted accessory signs. As stipulated in Article XV, Signs and Billboards.
[Added 4-7-2011 by Ord. No. 2011-09]
I.
Architectural standards. The C-2 District requires the following architectural standards for principal and accessory structures:
J.
Landscape and screening standards. The C-2 District requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 15% of the perimeter front, side and rear yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
§ 535-34 (Reserved) [1]
§ 535-35 (Reserved) [1]
§ 535-36 CL Local Commercial District.
[Amended 2-22-2001; 5-21-2002; 9-7-2004]
A.
Purpose. This district is intended to apply to commercial establishments located to serve primarily localized commercial markets throughout the Town. It is the intent of this district to encourage grouping of such commercial establishments. The district is not intended to apply to major or large-scale commercial establishments of a regional character.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience stores and other auto-related businesses.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county highway.
(e)
Taverns or restaurants.
(f)
Proposed sign height is greater than or equal to 25 feet.
C.
Permitted principal uses and structures.
(1)
Retail outlets, including the sale of food, liquor, wearing apparel, art or photographic supplies, printing, books or stationery, sundries or notions, jewelry, luggage, florist or gifts, drugs, pets, home furnishings and appliances, sporting goods or hobbies, automotive parts, hardware and building supply establishments and uses of a similar nature.
(2)
Service establishments, including barbershop or beauty shop, shoe repair, laundry or dry cleaner, appliance repair, photographic or dance studio and uses of a similar nature.
(3)
Business and professional offices, including banks and other financial institutions, insurance and real estate, travel agency, medical or dental clinic, attorney's office, engineering office and uses of a similar nature.
(4)
Taverns and restaurants.
(5)
Hotels and motels.
(6)
Vocational, business, and technical schools, clubs and organizations, profit and nonprofit.
(7)
Indoor commercial recreational establishments conducted entirely within a building(s) less than or equal to 40,000 square feet, including motion-picture theaters, billiard parlors, arcades, bowling alleys, rinks, and uses of a similar nature.
(9)
Office equipment and supplies.
(10)
Garden center, plant nursery or landscape contractor.
(11)
Veterinary offices.
(12)
Mortuaries.
(13)
Equipment rental.
(14)
Existing dwellings.
(15)
Existing storage establishments.
[Amended 3-16-2021 by Ord. No. 2021-04
D.
Permitted accessory uses and structures.
E.
Special exception uses and structures.
(1)
Automobile filling stations and car washes.
(2)
Automobile, boat, motorcycle, construction equipment and farm implement sales, service and repair.
(3)
Wholesale and warehouse establishments.
(4)
Printing and publishing establishments.
(5)
Outdoor recreational establishments, including archery ranges, miniature golf and amusements, motorized cart and motorcycle tracks, campgrounds, stadiums, shooting ranges and uses of a similar nature.
(6)
Light manufacturing uses and structures, such as packaging, bottling, and laboratories, provided that all activities are conducted within completely enclosed buildings not involving odor, noise, smoke or other noxious effects detectable to normal senses from off the premises.
[Amended 2-6-2024 by Ord. No. 2024-01]
(7)
Radio stations - transmitter tower.
(8)
Dog kennel.
(10)
Building trades contractor with storage yard for material and equipment on the premises, provided that all materials and equipment are effectively screened from view from any residential lot or public highway.
(11)
Agricultural-related uses and structures such as feed mills and co-ops.
(12)
Woodworking and cabinetry.
(13)
Billboards.
(14)
Adult establishments.
(15)
Churches.
[Added 6-19-2007 by Ord. No. 2007-04]
(16)
Pawnbrokers and secondhand dealers.
[Added 2-3-2009 by Ord. No. 2009-03; amended 2-19-2009 by Ord. No. 2009-07]
(17)
Establishment that obtains a liquor license that includes licensing any area outdoor or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
F.
Traffic impact. The Plan Commission may require a traffic impact analysis for any use or structure proposed for construction in this district.
[Amended 4-7-2011 by Ord. No. 2011-09]
G.
J.
Architectural standards. The CL District requires the following architectural standards for principal and accessory structures:
K.
Landscape and screening standards. The CL District requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 25% of the perimeter front yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
§ 535-37 CR Regional Commercial District.
[Amended 7-6-2000; 2-22-2001; 5-21-2002]
A.
Purpose. This district is intended to apply to areas which are now intensely developed or are expected to be intensely developed for commercial uses serving a regional commercial market.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience stores and other auto-related business.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county highway.
(e)
Taverns and restaurants.
(f)
Proposed sign height is greater than or equal to 25 feet.
C.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-36C(1) through (3) in the CL District where the building or structure does not exceed 40,000 square feet of floor area. The front of all buildings shall be faced with decorative masonry or other materials of suitable aesthetic, safety and durability value.
(2)
Permitted principal uses and structures in § 535-36C(4) through (14) in the CL District. Building fronts shall meet the requirements of Subsection C(1) above.
D.
Permitted accessory uses and structures. Permitted accessory uses and structures in the CL District.
E.
Special exception uses and structures.
(1)
Retail, service and office uses and structures where the building or structure exceeds 40,000 square feet of floor area.
(2)
Special exception uses and structures in § 535-36E(1) through (9) in the CL District.
(3)
Indoor commercial recreational establishments conducted entirely within a building(s) greater than 40,000 square feet, including an arena, assembly hall, auditorium, amusement rides, water slides and pools and uses of a similar nature.
(4)
Churches.
[Added 6-19-2007 by Ord. No. 2007-04]
(5)
Establishment that obtains a liquor license that includes licensing any area outdoor or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
F.
Traffic impact. The Plan Commission may require a traffic impact analysis for any use or structure proposed for construction in this district.
[Amended 4-7-2011 by Ord. No. 2011-09]
G.
J.
Architectural standards. The CR District requires the following architectural standards for principal and accessory structures:
K.
Landscape and screening standards. The CR District requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at least 25% of the perimeter front yards. The landscaping shall consist of a mixture of trees, bushes and evergreens suited to the location and providing year-round foliage.
§ 535-38 CP Planned Commercial District.
[Amended 7-6-2000; 2-22-2001]
A.
Purpose. This district is intended to apply to large-scale commercial developments with either single or multiple buildings on a single lot or parcel designed and managed as a single entity. This district should be located such that there is direct access to major arterial streets and highways.
B.
Permitted principal uses and structures.
[Amended 11-18-2008 by Ord. No. 2008-11]
(1)
Business and professional offices.
D.
Special exception uses and structures.
[Amended 11-18-2008 by Ord. No. 2008-11]
(1)
Group day-care facilities.
(3)
Art gallery, museum, library, community center, and publicly owned and operated recreational facilities.
(4)
Hotels and restaurants.
(5)
Clubs and organizations.
(6)
Retail shopping centers, provided that all sales and storage are conducted within a completely enclosed building.
(7)
Hospitals, health centers, nursing homes and convalescent homes.
(8)
Vocational, trade or business schools.
(9)
Publicly owned auditoriums or convention centers.
(10)
Wholesale and warehouse establishments.
(11)
Printing and publishing establishments.
(12)
Light manufacturing uses and structures, such as packaging, bottling, and laboratories, provided that all activities are conducted within completely enclosed buildings, not involving odor, noise, smoke or other noxious effects detectable to normal senses from off the premises.
[Amended 2-6-2024 by Ord. No. 2024-01]
(13)
Establishment that obtains a liquor license that includes licensing any area outdoor or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
E.
District standards.
[Amended 9-16-2008 by Ord. No. 2008-08; 4-7-2011 by Ord. No. 2011-09]
(1)
All permissible principal uses and structures. Minimum dimensions: maximum lot coverage: 35%. This district contemplates more than one principal building on a lot. There are no minimum lot area requirements per building. However, no building shall be located within 25 feet of another building or exterior property line. There are no maximum height requirements except that for every two feet in height above four stories or 50 feet the width or depth of yards adjacent to exterior lot lines shall be increased one foot. A site plan under Article X is required.
F.
Traffic impact. The Plan Commission may require a traffic impact analysis for any use or structure proposed for construction in this district.
[Added 4-7-2011 by Ord. No. 2011-09]
§ 535-39 IND Industrial District.
[Amended 2-22-2001; 3-5-2002; 5-21-2002]
A.
Purpose. This district is intended primarily for manufacturing and closely related uses. It is intended to preserve such lands for the functions of industrial activity, wholesaling, warehousing and distribution. To allow maximum latitude for operations, performance standards are applied at district boundaries. It is further the intent of this district that it be so located in relation to major thoroughfares that resulting traffic generated by industrial activity will not be channeled through residential areas.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience stores and other auto-related businesses.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county highway.
(e)
Taverns or restaurants.
(f)
Proposed sign height is greater than or equal to 25 feet.
C.
Permitted principal uses and structures.
(1)
Wholesaling and warehouse establishments (except bulk storage of flammable liquids) and uses of a similar nature.
[Amended 2-6-2024 by Ord. No. 2024-01]
(2)
Printing and publishing.
(3)
Service establishments catering to commercial and industrial uses, including business machine services, linen supply, freight movers, communication services, canteen services and uses of a similar nature.
(4)
Light manufacturing uses, including bottling, packaging, laboratories and uses of a similar nature.
(5)
Manufacturing uses, including production, processing, cleaning, testing and the distribution of materials and goods, except wrecking yards, fertilizer and chemical manufacture and canneries or slaughterhouses. All manufacturing uses are subject to the provisions of Subsection G.
(6)
Building contractor with storage yard.
(7)
Transportation terminals.
(8)
Self-storage facilities, provided the following setback requirements are met. Self-storage facilities shall have a setback of 1,000 feet from the right-of-way line closest to the use of all federal, state, and county highway rights-of-way, which include but are not limited to Federal Highway Interstate 41, State Highways 15, 47, 96, 125, and 441, and County Highways A, AA, BB, CA, CB, E, EE, GV, JJ, and OO. The 1,000-foot buffer includes all buildings, outdoor vehicles, and parking/pavement areas. Sites with existing self-storage facilities, and those with a site plan approved by the Town of Grand Chute Plan Commission, prior to the date of this amendment are exempt from the setback requirement described above and shall be classified as conforming uses. Additionally, the setback requirement described above shall only be applicable to properties located west of State Highway 47; properties east of State Highway 47 shall be exempt from the setback requirements described above.
[Added 2-6-2024 by Ord. No. 2024-01]
(9)
Access-controlled self-storage facilities.
[Added 2-6-2024 by Ord. No. 2024-01]
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(2)
Outside storage of materials and products, provided that such storage shall not be closer than 25 feet to the street line or 10 feet to any lot line. Storage areas shall be enclosed by fencing material and/or landscaping to be 75% or more opaque between two and six feet above average ground level. All storage areas shall be surfaced with gravel or hard surface materials. Storage materials shall not be piled or stacked to a height beyond the principal building.
(3)
Temporary storage of waste materials and trash, provided that such materials/trash shall be enclosed by a fence of solid material not less than six feet in height.
(4)
Public utility installations.
E.
Special exception uses and structures.
(1)
Automobile, boat, construction and farm implement sales, service and repair.
(2)
Bulk storage of flammable liquids.
(3)
Agricultural-related uses, including feed mills and co-ops.
(6)
Automobile wrecking or salvage yards and junkyards, provided that such use shall not be located closer than 250 feet to any property zoned residential, and no portion of the lot within 25 feet of a public street or highway shall be used for any purpose other than off-street parking for employees or patrons. All activities and storage shall be completely enclosed pursuant to the landscaped buffer requirements of § 535-52.
(7)
Sanitary landfills and energy recovery systems.
(8)
Group day-care facilities.
(9)
Cellular, radio-telephone towers.
(10)
Filling stations and convenience stores.
F.
G.
Industrial and commercial district performance standards.
(1)
Intent. It is the intent of this chapter to use performance standards for the regulation of all industrial and commercial districts to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.
(2)
Standards of operation.
(a)
Noise and vibration. No operation or activity shall transmit any noise or vibration that is above the vibration perception threshold of an individual at or beyond the industrial or commercial district boundaries. "Vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal 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. 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.
(b)
External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the parallel boundary towards a public street or a residential district.
(c)
Odor. No operation or activity 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.
(d)
Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Ch. NR 415, Wis. Adm. Code.
(e)
Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
(f)
Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.
(g)
Outdoor storage. No operation shall store any component, part or raw material outdoors unless screened by an opaque fence or landscape buffer from a public street or a residential district.
(3)
Administration. Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment to those requiring substantial technical competence and complex equipment. It is the intent of this chapter that the methods to be used in determining compliance shall be the responsibility of the Building Inspector and Administrator subject to the following procedure:
(a)
Approval of building permits. Prior to approving a building permit for any industrial use or any change thereof, the Building Inspector and Administrator shall have received from the applicant evidence or assurance that the proposed use or changing use will satisfy all the standards of this chapter.[2]
(b)
Violation of standards. Whenever the Building Inspector or Administrator has reason to believe the air quality, vibration and exterior lighting standards of this chapter have been violated, written notice shall be made by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause lawful action to be taken to cause correction as provided in this chapter or referral of the alleged violation to the appropriate authorities.
§ 535-40 PDD Planned Development District.
[Added 1-18-2011 by Ord. No. 2011-03]
A.
Purpose. This district is intended to promote large-scale commercial, industrial, institutional, and mixed-use development that may be built out in multiple phases in accordance with a master development plan. It is the intent of this district to assure that development is planned and accomplished within the Town's goals for the surrounding neighborhood and the community as a whole; promote flexibility in design and efficient use of land; provide for architectural unity and design harmony; preserve, to the greatest extent feasible, existing landscape features and natural amenities; enhance the natural setting through planned placement of man-made facilities and plant materials; and provide more usable common and open space areas than would otherwise be possible under conventional land development practices.
B.
Interpretation. Development shall be planned, reviewed and carried out in conformance with all municipal, state, and other laws and regulations. However, in interpreting and applying the provisions of this section, it shall take precedence and be controlling when there is conflict between its provisions and those contained elsewhere in this chapter.
C.
Approval procedure. To develop land under this district classification requires a two-step approval procedure, as described in this section. The initial step requires the approval by the Town of a master development plan for the area to be developed and the approval of the rezoning of said area to PDD Planned Development District. The second step requires project plan approval, by Town ordinance, before any phase of development commences within the area zoned PDD Planned Development District.
D.
Permitted uses.
(1)
No structure or building shall be erected that is arranged, intended, or designed to be used for other than those uses that are specifically approved by the Town in the ordinance authorizing project approval. In accordance with the adopted master development plan and the Town's Comprehensive Plan, the Town Board may allow as permitted uses those principal, accessory, or special exception uses allowed in the RSF, RTF, R-2, R-3, R-4, R-5, RMF, C-1, C-2, CL, CR, CP, and IND District classifications as cited in this chapter.[1]
(2)
Notwithstanding any other provisions in this chapter, all lawful uses existing on the effective date of the ordinance from which this section is derived may be continued until a project approval ordinance is adopted that would allow additional or different uses. No such lawful uses shall be expanded or exchanged, except as provided for in a project approval ordinance.
E.
Use standards. Permitted uses, all of which are subject to project approval, shall be governed by performance standards that relate to the total concept of the master development plan. Such standards shall be consistent with the criteria set forth in this section and with generally accepted standards necessary to ensure the protection of the public health, safety, and welfare. All use standards and requirements shall be established as conditions in the ordinance(s) authorizing project approval.
(1)
Tract size. The minimum size of any area in the Planned Development District shall be two acres.
(2)
Setbacks. Setbacks for structures and parking areas shall be established so as to ensure compatibility both within the district and with adjoining developments, uses, and zoning districts. In establishing setbacks, the Plan Commission and Town Board shall consider suitable distances based on the proposed heights of structures, to ensure adequate separation of uses.
(3)
Height limitations. Heights of structures shall be regulated to the extent that they relate to the proposed development and to the general area within which the development is proposed to be located.
(4)
Density. The maximum lot coverage for commercial and institutional structures and buildings shall be 35%. The Plan Commission, upon review, may increase the maximum lot coverage for commercial and institutional structures and buildings to 40%. The maximum lot coverage for industrial structures and buildings shall be 60%. The maximum dwelling unit density shall be 20 units per net acre with maximum lot coverage of 70%.
(5)
Landscape and open space. Landscaping shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. At a minimum, all uses must meet the landscape standards set forth in Article VI of this chapter.
(6)
Signs. Specific sign regulations shall be contained in each project approval ordinance; however, in no case shall they be less restrictive than those required for signs in the CL and CR Commercial Districts.
(7)
Off-street parking. All off-street parking must meet the requirements set forth in Article VI of this chapter.
(8)
Design considerations. Design standards and requirements outlined below will be utilized by the Plan Commission in determining the adequacy of all development plans in the district.
(a)
Consideration shall be given to the master development plan for the district, to ensure compatibility with established goals and priorities.
(b)
The development shall take into account relevant features of adjacent existing development.
(c)
Overall design shall provide for the appearance of external unity throughout the development. Variations in building elevations and materials used therein shall be encouraged insofar as they reinforce rather than hamper design harmony.
(d)
Physical layout and form of all development shall be designed with regard to the topography and natural features of the site.
(e)
The site shall be planned to provide a desirable transition from the adjoining streetscape and to provide for adequate landscaping, parking areas and pedestrian and bike facilities.
(f)
Plant material shall be selected for interest in structure, texture, color, and ultimate appearance upon full maturity. Native plant materials shall be employed as feasible. Existing trees shall be preserved whenever possible.
(g)
Sidewalks and/or trails shall be provided on the site as deemed necessary for safe and convenient movement to and from peripheries of the district and for internal flow within the development area. Sidewalk/trail widths shall be designed with regard to their anticipated function and usage. Natural features of the area to be traversed and lighting suitable in scale with the project shall also be considered.
(h)
Parking areas shall be screened from adjacent properties and roads with hedges, dense plantings, earth berms, changes in grade, fences, or walls. In addition, all parking lots shall be designed to accommodate tree and/or shrub plantings along internal islands, at levels determined appropriate with each project approval ordinance.
F.
Zoning and master plan approval procedure. The procedure required to rezone property to PDD Planned Development District shall follow the requirements set forth in Article XIII of this chapter, except that a rezoning application must be accompanied by a master development plan that meets the following requirements:
(1)
Preapplication consultation. This meeting is intended to inform the Town of the proposed project and to inform the applicant of the code standards and regulations that will impact the project. The applicant will meet with the Department of Community Development and other departments of the Town, as required, in preparation for submitting a rezoning application.
(2)
Application for zoning and master plan approval. Applications for approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required filing fee, shall accompany the application. The submitted master development plan shall include:
(a)
The names, postal and e-mail addresses, and telephone numbers of the owner, developer, and site planner/designer.
(b)
A legal description of the site, the dimensions and bearings of exterior boundaries, and a description of easements or other restrictions impacting the site.
(c)
A statement describing the general character of the proposed development, its conformance with neighborhood and community goals, timing of the development, and appropriate data, including total acreage, land use types, development densities, and, if appropriate, the number and type of dwelling units.
(d)
A general outline describing the owner-developer relationship, anticipated deed restrictions, and prospective private provision of common services, if any.
(e)
Existing site conditions, including topography at intervals no greater than two feet, existing improvements, along with an indication as to whether they will be retained or removed, drainage patterns, and wooded, wetland, or other natural features.
(f)
The pattern of proposed land uses, including the shape, size and arrangement of use areas, and their relationship to adjoining uses, as well as a graphic outline showing proposed staging and development time lines.
(g)
The pattern of public and private streets.
(h)
A preliminary utility feasibility plan.
(i)
The location and description of any land areas to be dedicated to the public.
(3)
Review and approval of zoning and master plan. Approval of the rezoning to PDD Planned Development District shall constitute approval of the related master development plan. Said plan shall be considered an integral component of the district regulations for the area being rezoned and shall establish the basic rights of use for the area.
G.
Project plan approval procedure. No development, construction, reconstruction, or alteration affecting approved uses may occur in an area zoned PDD Planned Development District until project plan approval has been granted by the Plan Commission and Town Board. In the case of a development that is built out in multiple phases, a separate project plan approval is required for each phase. The procedure for project plan approval is as follows:
(1)
Application for project plan approval. Applications for project plan approval shall be filed with the Department of Community Development. Necessary supporting documents and maps, as specified herein, along with the required filing fee, shall accompany the application. The submitted project plan approval application shall include:
(a)
Certified topographic survey, showing:
[1]
Legal description of the site being developed, names of all property owners, and seal of the registered surveyor making the survey/map.
[2]
Dimensions and bearings of external property boundaries.
[3]
The location of all existing structures, easements, utilities, streets, sidewalks, trees, parking areas, curb openings, floodplain and wetlands areas, navigable streams, on-site stormwater management controls, and public dedication areas, either contained upon or adjacent to the site.
[4]
Contour intervals of not more than two feet.
(b)
Project site plan, showing:
[1]
Areas to be developed for buildings, parking, landscaping/open space, stormwater management control, pedestrian and vehicular circulation, points of ingress/egress, finished topography/grade elevations, and locations of all existing and proposed public and private utilities.
[2]
The names, right-of way and roadway widths, approximate radii curves, and tangent lengths of all proposed public and private streets.
[3]
Detailed lot layout and subdivision plan, where required.
[4]
Representative floor plans and exterior elevations of proposed structures and buildings, showing exterior building materials, and drawn in relation to existing and proposed final elevations.
[5]
Grading plan.
[6]
Drainage and stormwater management plan.
[7]
Erosion control plan.
[9]
Signage and site lighting plan.
(c)
Copies of agreements, bylaws, deed restrictions, covenants or other provisions governing the organizational structure of the owner(s) and/or the use, maintenance and enjoyment of the site and any of its common services, common open areas, or other facilities.
(d)
Narrative statements explaining:
[1]
The proposed development, including the nature of the project, proposed land uses, building types, time line for full build-out, and acknowledgement that the project for which approval is requested is in conformance with the master development plan for the area.
[2]
Quantitative data, including total number, type, size, and height of proposed structures and buildings, individual parcel sizes, if any, lot coverage, number and type of landscape materials to be used, and total off-street parking stalls to be provided in comparison to the requirements set forth in Article VI of this chapter.
[3]
A use analysis report detailing projected job impact, approximate utility needs and effect upon capacity of existing public and private infrastructure that will serve the area, possible nuisance factors, either construction-related or permanent, and the proposed means to mitigate them.
H.
Project plan review and approval. At its next regularly scheduled meeting, the Plan Commission shall initiate review and action on the proposed project. The Plan Commission shall, within 45 days from its initial review meeting, determine the appropriateness of the proposed project and its conformance with the master development plan for the district as well as the requirements of this section. The Plan Commission shall recommend to the Town Board that the project be approved, approved with conditions and/or modifications, or denied. If denied, the Plan Commission shall enumerate the reasons for such recommendation. Upon receipt of the recommendation of the Plan Commission, the Town Board shall deliberate over the proposed project and, by ordinance, vote to approve or deny the project.
I.
Changes in approved project. Modifications to an approved project that will cause a change in the use, character or arrangement of the development, or a change in approved open space, lot coverage of structures and buildings, traffic circulation and public utilities, or a change in off-street parking areas, pavement widths, or signage, shall be authorized by the Town Board upon recommendation of the Plan Commission. Any approved changes shall be in ordinance form as amendments to the previously granted project plan approval. Minor changes in location and elevation of buildings, driving and parking areas, and site landscaping may be authorized by the Community Development Director, if such changes are required by engineering or other circumstances that could not have been foreseen at the time project approval was granted.
J.
Expiration of approval. If after 12 months from the project approval date required building and mechanical permits have not been issued and/or all subsurface construction to grade level has not been completed and/or no use as established by the approval ordinance is operating, said approval shall lapse and be of no further effect. If a project approval ordinance lapses under the provisions of this section, the zoning regulations applicable to the PDD Planned Development District shall be in effect.
§ 535-41 Selected special exception standards and regulations.
[Amended 7-6-2000; 2-22-2001; 4-20-2004; 1-18-2011 by Ord. No. 2011-02]
A.
Adult establishments. Adult establishments include bookstores, motion-picture theaters, mini motion-picture theaters, bathhouses, massage parlors, modeling studios, body painting studios and cabarets. Adult establishments shall meet the following requirements:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1) ADULT BATHHOUSE ADULT BODY PAINTING STUDIO ADULT BOOKSTORE ADULT CABARET ADULT MASSAGE PARLOR ADULT MINI MOTION-PICTURE THEATER ADULT MODELING STUDIO ADULT MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER (OUTDOOR) ADULT NOVELTY SHOP SPECIFIED ANATOMICAL AREAS[1] SPECIFIED SEXUAL ACTIVITIES[2]
Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:
An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this subsection.
An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this subsection, "adult body painting studio" shall not be deemed to include a tattoo parlor.
An establishment having as a substantial or significant portion of its stock and trade in books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein or an establishment with a segment or section devoted to the sale or display of such material.
An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in specified sexual activities as defined in this subsection.
An enclosed building with a capacity for fewer than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.
An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
A parcel of land from which individuals may view a motion picture presented outdoors which presents material distinguishably characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity.
(2)
General standards.[3]
(a)
Adult establishments as defined in this Subsection A are special exception uses in the CL District.
(b)
No more than one of the above adult establishments may be established on any one parcel, and the establishment of any one of the above adult establishments shall be at least 1,500 feet from the establishment of any other adult establishment. No adult establishment shall be permitted within 2,000 feet of any land used or zoned for residential purposes or within 2,000 feet of any church or school.
(c)
Signs advertising any of the aforementioned adult establishments shall conform to Article XV of this chapter, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises and with the further exception that signs will not depict specified sexual activities and/or specified anatomical areas as defined in this Subsection A and provided further that there shall be no flashing or traveling lights located outside the building.
(d)
Adequate parking shall be provided in a lighted area.
(e)
There shall be no display windows on the premises.
(f)
The owner and/or operator of the adult establishment shall agree to comply with all state, federal and local laws and ordinances, including obscenity, liquor and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.
(g)
In the case of adult cabarets, there shall be compliance with § 535-39G(2)(a) of this chapter relating to noise, and the hours of operation of such establishments shall be limited to the same hours of operation for bars and taverns within the community within which the district is located.
(h)
The owner of the parcel upon which the adult establishment is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Plan Commission.
B.
Convenience stores.
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Direct access to arterial streets required. All convenience stores shall have direct access to an arterial street which is a federal, state, or county designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road, or reverse frontage road, where nonresidential uses will be on both sides of the street.
(2)
Architectural design. All convenience stores adjoining residential uses and zoning districts shall have pitched roofs matching the rooflines of adjoining residential structures. Each convenience store building shall use the same architectural materials on all sides of the building.
(3)
Fuel pump location. Any fuel pump, underground fuel storage tanks and islands shall be at least 50 feet from any street or abutting lot line and meet all other State of Wisconsin regulations.
(4)
Canopies. The canopies provided over the pump islands of convenience stores with gas pumps shall meet the yard requirements of a principal structure. In addition:
(a)
Obstruction of visibility at rights-of-way prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
(b)
Zoning district front yard requirements shall be met. All pump islands, their surrounding structures and the canopy overhang shall meet the zoning district's front yard requirement.
(c)
Maximum height. Under no circumstances shall the canopy be higher than 25 feet.
(d)
Signs not permitted. No signs shall be permitted on canopy roofs.
(5)
Lighting. The off-street parking and fueling area may be illuminated. Total cutoff of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts.
(6)
Hours of operation. Hours of operation shall be established by the Plan Commission.
(7)
Outdoor display.
(a)
Products shall be sold by the principal business or agricultural products sold by the producer.
(b)
The principal business sales display shall be placed under or attached to permitted structures only. No display or outdoor sales shall be placed in or sold out of a truck, van or other vehicle or a temporary structure.
(c)
All private sidewalks serving the site shall keep a minimum of 36 inches clear of all obstructions or display items.
C.
Vehicle repair facilities and gas stations with repair facilities. Gas stations, gas stations with vehicle repair facilities and vehicle repair facilities shall meet the following requirements:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Direct access to arterial streets required. All vehicle repair facilities and gas stations shall have direct access to an arterial street which is a federal, state or county designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road or reverse frontage road where nonresidential uses will be on both sides of the street.
(2)
Architectural design. All vehicle repair facilities and gas stations adjoining residential uses and zoning districts shall have pitched roofs matching the rooflines of adjoining residential structures. The buildings shall use the same architectural materials on all sides of the building.
(3)
Lighting. The off-street parking and fueling area may be illuminated. Total cutoff of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts.
(4)
Repair services. All repair services shall be performed within a completely enclosed building and shall meet the following requirements:
(a)
All storage of vehicles awaiting needed parts shall be within the building or in an enclosed or screened-in yard.
(b)
All damaged or nonoperable parts shall be stored indoors until removed from the premises.
(c)
An automotive repair facility shall store all vehicle parts within a completely enclosed building.
(d)
The maximum allowable number of tow trucks which can be parked at the site shall be determined by the Plan Commission as a condition of approval of the special exception permit.
(5)
Hours of operation. Hours of operation shall be established by the Plan Commission.
D.
Mini warehouses. Mini warehouse facilities shall meet the following requirements:
(1)
Limitations on use of facilities. Such facilities shall be used only for the storage of materials or articles and shall not be used for assembly, fabrication, processing or repair.
(2)
Services and sales activities prohibited. No services or sales shall be conducted from any storage unit. Garage sales and/or flea market type activities are prohibited.
(3)
Practice rooms, meeting rooms and residences prohibited. Facilities shall not be used for practice rooms, meeting rooms or residences.
(4)
Outdoor storage prohibited. No outdoor storage shall be permitted.
(5)
Storage of explosive or highly flammable material prohibited. Storage of explosive or highly flammable material shall be prohibited.