(a)

For the purpose of this chapter, the village is divided into the following zoning districts designated as follows:

(1)

A-1 agricultural holding/district.

(2)

RSE-1 single-family residential estate district.

(3)

RS-1 single-family residential district.

(4)

RS-2 single-family residential district.

(5)

RS-3 single-family residential district.

(6)

RS-4 single-family residential district.

(7)

RS-5 single-family residential district.

(8)

RD-1 two-family residential district.

(9)

RD-2 two-family residential district.

(10)

RM-1 multiple-family residential district.

(11)

RM-2 multiple-family residential district.

(12)

RM-3 condominium multiple-family residential district.

(13)

B-1 neighborhood business district.

(14)

B-2 community business district.

(15)

B-3 central business/mixed-use district.

(16)

B-4 limited business and light industrial planned development district.

(17)

B-5 light industrial planned development district.

(18)

M-1 limited manufacturing and wholesale business district.

(19)

M-2 general manufacturing district.

(20)

Q-1 quarrying/extractive district.

(21)

I-1 institutional district.

(22)

P-1 park and recreation district.

(23)

C-1 lowland conservancy district.

(24)

FWO floodway overlay district (See article X).

(25)

FFO floodplain fringe overlay district (See article X).

(26)

UCO upland conservancy overlay district.

(27)

PUD planned unit development overlay district.

(b)

Boundaries of the districts listed in subsection (a) of this section are hereby established as shown on the map entitled, "Zoning Map for the Village of Hartland, Waukesha County, Wisconsin," and the floodplain maps referenced in section 46-1071(b), which accompany and are made a part of this chapter. Such boundaries, except the conservancy and floodplain districts, shall be construed to follow: corporate limits; U.S. public land survey lines; lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended; unless otherwise noted on the zoning map. The boundaries of the FWO floodway overlay district and FFO floodplain fringe overlay district are determined by the floodplain limits shown on the Village of Hartland zoning map and the maps referenced in section 46-1071(b). The boundaries of the C-1 lowland conservancy district and UCO upland conservancy overlay district are shown on the Village of Hartland zoning map and are determined in accordance with sections 46-696(b) and 46-781(b), respectively. All notations and references shown on the zoning map are as much a part of this chapter as though specifically described herein. This chapter hereby incorporates any future changes or any later zoning maps that may be adopted by ordinance of the village board.

(c)

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 to or consolidations with the village subsequent to the effective date of the ordinance from which this chapter is derived shall be placed in the A-1 agricultural/holding district, unless the annexation ordinance temporarily places the land in another district. Within one year, the plan commission shall evaluate and recommend a permanent classification to the village board. Annexations or consolidations containing floodplain shall be placed in the following districts:

(1)

All floodways and unnumbered A Zones shall be placed in the FWO floodway overlay district.

(2)

All other floodplains shall be placed in the FFO floodplain fringe overlay district.

Certified copies of the zoning map shall be adopted and approved with the text as part of this section and shall be available to the public in the office of the zoning administrator.

The A-1 agricultural/holding 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 A-1 district to protect lands contained therein from urban development until their orderly transition into urban oriented districts is warranted and/or necessary.

Permitted uses in the A-1 district are as follows:

(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 floodplain 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 subject to the following limitations:

a.

The keeping and raising of hogs or fur-bearing animals is prohibited.

b.

Not more than one herd of livestock or 20 head of poultry shall be permitted for each two and one-half acres.

(3)

Existing dwellings not accessory to any farm operation or dwelling remaining after the consolidation of farms.

(4)

Essential services and public street rights-of-way.

Permitted accessory uses in the A-1 district are as follows:

(1)

Attached or detached private garages and carports accessory to permitted uses, provided that such accessory uses shall not involve the conduct of a business.

(2)

Customary accessory buildings, including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(3)

Home occupations and professional home offices.

(4)

One farm dwelling per operating farm.

(5)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the A-1 district are as follows:

(1)

Airports, airstrips and landing fields, provided that the site is not less than 20 acres.

(2)

Commercial feed lots and livestock sales facilities.

(3)

Drive-in establishments selling vegetables and fruits.

(4)

Housing for farm laborers and seasonal or migratory farm workers.

(5)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(6)

Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 100 feet to a property boundary.

(7)

Wind energy conversion systems.

Lot area and width regulations in the A-1 district are as follows:

(1)

Existing residential structures and farm dwellings remaining after the consolidation of existing farms shall provide a lot area of not less than 40,000 square feet and a lot width of not less than 120 feet.

(2)

Farm structures erected, moved or structurally altered after the effective date of the ordinance from which this chapter is derived shall provide a contiguous area of not less than five acres, and no farm parcel shall be less than 200 feet in width.

No building or parts of a building in the A-1 district shall exceed 60 feet in height. No farm dwelling or other residential structure in the A-1 district shall be less than 1,200 square feet in area or exceed 35 feet in height.

Yard regulations in the district are as follows:

(1)

Rear yard: Not less than 50 feet.

(2)

Side yard: On each side of the principal structure, not less than 25 feet in width.

(3)

Street yard: A minimum of 50 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

(a)

The RSE-1 residential district is intended to provide single-family residential development along the borders of the village in order to achieve a compatible transition between village development and the surrounding areas. Any development for five or more residential lots within the RSE-1 zoning district shall be accomplished only by planned unit development procedures in order to achieve the goals and objectives of the village comprehensive plan or components thereof. The underlying RSE-1 residential district requires development at a density not greater than one dwelling unit per net acre as required in section 46-215. Modifications which enhance the overall quality and character of the village must be consistent with section 46-804, planned unit development density requirements. Land which is permanently protected natural area shall be excluded from the net acre density ratio for the RSE-1 zoning district.

(b)

These protected natural areas are the following zoning classifications:

(1)

C-1 lowland conservancy district;

(2)

FWO floodway overlay district;

(3)

FFO floodplain fringe overlay district;

(4)

UCO upland conservancy overlay district.

Permitted uses in the RSE-1 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RSE-1 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RSE-1 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Wind energy conversion systems.

(4)

Bed and breakfast establishments.

(5)

New residential subdivisions for five or more lots.

Lots in the RSE-1 district shall have a minimum area of one acre (43,560 square feet) and shall not be less than 150 feet in width.

No building or parts of a building in the RSE-1 district shall exceed 35 feet in height. The minimum floor area shall be 1,800 square feet, single-story; 2,000 square feet, split level; and 2,200 square feet, two-story.

Yard regulations in the RSE-1 district are as follows:

(1)

Rear yard: Not less than 50 feet.

(2)

Side yard: A minimum of 30 feet.

(3)

Street yard: A minimum of 50 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RS-1 residential district is intended to provide for single-family residential development at densities not to exceed two dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RS-1 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RS-1 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RS-1 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Wind energy conversion systems.

(4)

Bed and breakfast establishments.

Lots in the RS-1 district shall have a minimum area of 22,000 square feet and shall be not less than 110 feet in width.

No building or parts of a building in the RS-1 district shall exceed 35 feet in height. The minimum floor area shall be 1,600 square feet, single-story; 1,800 square feet, split level; and 2,000 square feet, two-story.

Yard regulations in the RS-1 district are as follows:

(1)

Rear yard: Not less than 35 feet.

(2)

Side yard: A minimum of 20 feet.

(3)

Street yard: A minimum of 40 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RS-2 residential district is intended to provide for single-family residential development at densities not to exceed 2.9 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RS-2 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RS-2 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RS-2 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Wind energy conversion systems.

(4)

Bed and breakfast establishments.

Lots in the RS-2 district shall have a minimum area of 15,000 square feet and shall be not less than 100 feet in width.

No building or parts of a building in the RS-2 district shall exceed 35 feet in height. The minimum floor area shall be 1,600 square feet, single-story; 1,800 square feet, split level; and 2,000 square feet, two-story.

Yard regulations in the RS-2 district are as follows:

(1)

Rear yard: Not less than 30 feet.

(2)

Side yard: There shall be two, the sum of the widths to be a minimum of 30 feet, and no single side yard shall be less than 15 feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RS-3 residential district is intended to provide for single-family residential development, at densities not to exceed 3.6 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RS-3 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RS-3 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RS-3 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Bed and breakfast establishments.

Lots in the RS-3 district shall have a minimum of 12,000 square feet and shall be not less than 90 feet in width.

No building or parts of a building in the RS-3 district shall exceed 35 feet in height. The minimum floor area shall be 1,600 square feet, single-story; 1,800 square feet, split level; and 2,000 square feet, two-story.

Yard regulations in the RS-3 district are as follows:

(1)

Rear yard: Not less than 30 feet.

(2)

Side yard: There shall be two, the sum of the widths to be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RS-4 residential district is intended to provide for single-family residential development, at densities not to exceed 4.3 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RS-4 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RS-4 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RS-4 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Bed and breakfast establishments.

Lots in the RS-4 district shall have a minimum of 10,000 square feet in area and shall be not less than 80 feet in width.

No building or parts of a building in the RS-4 district shall exceed 35 feet in height. The minimum floor area shall be 1,200 square feet.

Yard regulations in the RS-4 district are as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths to be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RS-5 residential district is intended to provide for single-family residential development, at densities not to exceed 5.4 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RS-5 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

Permitted accessory uses in the RS-5 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RS-5 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Bed and breakfast establishments.

Lots in the RS-5 district shall have a minimum of 8,000 square feet and shall be not less than 70 feet in width.

No building or parts of a building in the RS-5 district shall exceed 35 feet in height. The minimum floor area shall be 1,200 square feet.

Yard regulations in the RS-5 district are as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths to be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RD-1 residential district is intended to provide for two-family residential development, at densities not to exceed 5.8 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RD-1 district are as follows:

(1)

Community living arrangement licensed and/or regulated by the state which has capacity for eight or fewer persons in either or both units of two-family dwellings, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Essential services and public street rights-of-way.

(3)

Foster homes in either or both units of two-family dwellings.

(4)

Two-family dwellings.

Permitted accessory uses in the RD-1 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RD-1 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for nine to 15 persons in either or both units of two-family dwellings, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Wind energy conversion systems.

(4)

Single-family dwellings.

(Ord. No. 794-12, § 1, 2-27-2012)

Lots in the RD-1 district shall have a minimum of 15,000 square feet and shall be not less than 90 feet in width.

No building or parts of a building in the RD-1 district shall exceed 35 feet in height. The minimum total floor area of a two-family dwelling shall be 2,000 square feet or 1,000 square feet per dwelling unit.

Yard regulations in the RD-1 district are as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths shall be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RD-2 two-family residential district is intended to provide for two-family residential development on lots at densities not to exceed 8.7 dwelling units per net acre, served by municipal sewer and water facilities.

Permitted uses in the RD-2 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for eight or fewer persons in either or both units of two-family dwellings, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Essential services and public street rights-of-way.

(3)

Foster homes in either or both units of two-family dwellings.

(4)

Two-family dwellings.

Permitted accessory uses in the RD-2 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RD-2 district are as follows:

(1)

Community living arrangements licensed and/or regulated by the state which have a capacity for nine to 15 persons in either or both units of two-family dwellings, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Single-family dwellings.

(Ord. No. 794-12, § 1, 2-27-2012)

Lots in the RD-2 district shall have a minimum area of 10,000 square feet and shall be not less than 75 feet in width.

No building or parts of a building in the RD-2 district shall exceed 35 feet in height. The minimum floor area of a two-family dwelling shall be 2,000 square feet or 1,000 square feet per dwelling unit.

Yard regulations in the RD-2 district are as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths shall be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

The RM-1 residential district is intended to provide for multiple-family residential development at densities not to exceed 10.9 dwelling units per net acre, served by municipal sewer and water facilities. Any development proposing two or more buildings on a lot within the RM-1 district shall be accomplished only by planned unit development procedures in order to achieve the goals and objectives of the village comprehensive plan or components thereof.

Permitted uses in the RM-1 district are as follows:

(1)

Community living arrangements licensed by the state for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Multiple-family buildings with three or more dwelling units.

Permitted accessory uses in the RM-1 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Private garages and carports.

(3)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses permitted in the RM-1 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for 16 or more persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Housing for the elderly, provided that elderly housing densities shall not exceed 22 units per net acre.

(3)

Mobile/manufactured home parks (see chapter 58 of this Code).

(4)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(5)

Wind energy conversion systems.

(6)

Commercial day care centers licensed and/or regulated by the state.

(7)

Proposed expansions to existing multiple-family residential buildings.

(8)

Developments proposing two or more buildings on a lot.

Lot area and width regulations in the RM-1 district are as follows:

(1)

Lots shall be not less than 80 feet in width.

(2)

Lots shall have a minimum area as follows:

Building height and area regulations in the RM-1 district are as follows:

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

No principal building shall have a floor area of less than the larger of 2,300 square feet or:

Yard regulations in the RM-1 district are as follows:

(1)

Rear yard: Not less than 40 feet.

(2)

Side yard: There shall be two, the sum of the widths shall be a minimum of 35 feet, and no single side yard shall be less than 15 feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a multiple-family residential environment that is compatible with the neighborhood character, building permits for uses allowed in the RM-1 multiple-family residential district shall not be issued without review and approval by the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The RM-2 multiple-family residential district is intended to accommodate multiple-family residential development on lots platted prior to the adoption of the ordinance from which this chapter is derived, which would be impractical to develop in accordance with the RM-1 district regulation at densities up to 17.4 dwelling units per net acre. All RM-2 multiple-family residential development shall be served by municipal sewer and water facilities. Any development proposing two or more buildings on a lot within the RM-2 district shall be accomplished only by planned unit development procedures in order to achieve the goals and objectives of the village comprehensive plan or components thereof.

Permitted uses in the RM-2 district are as follows:

(1)

Multiple-family buildings with three or more dwelling units.

(2)

Foster homes.

(3)

Community living arrangements licensed by the state for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(4)

Essential services and public street rights-of-way.

Permitted accessory uses in the RM-2 district are as follows:

(1)

Private garages and carports.

(2)

Gardening, tool and storage sheds incidental to the residential use.

Conditional uses permitted in the RM-2 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for 16 or more persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Housing for the elderly, provided that elderly housing densities shall not exceed 22 units per net acre.

(3)

Commercial day care centers licensed and/or regulated by the state.

(4)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(5)

Proposed expansions to existing multiple-family residential buildings.

(6)

Developments proposing two or more buildings on a lot.

Lot area and width regulations in the RM-2 district are as follows:

(1)

Lots shall be not less than 75 feet in width.

(2)

Lots shall have a minimum area as follows:

Building height and area regulations in the RM-2 district are as follows:

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

No principal building shall have a floor area of less than the larger of 2,000 square feet or:

Yard regulations in the RM-2 district are as follows:

(1)

There shall be a minimum street yard of 30 feet from the right-of-way of all public streets.

(2)

There shall be two side yards. The sum of the widths of the required side yards shall be a minimum of 35 feet, and no single side yard shall be less than 15 feet in width.

(3)

There shall be a rear yard of not less than 40 feet.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a multiple-family residential environment that is compatible with the neighborhood character, building permits for uses allowed in the RM-2 multiple-family residential district shall not be issued without review and approval by the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The RM-3 condominium multiple-family residential district is intended to accommodate condominium multiple-family residential development on parcels of land at densities up to 17.4 dwelling units per net acre which would be impractical to develop in accordance with the RM-1 district regulations. All RM-3 condominium residential development shall be served by municipal sewer and water facilities. Any development proposing two or more buildings on a lot within the RM-3 district shall be accomplished only by planned unit development procedures in order to achieve the goals and objectives of the village comprehensive plan or components thereof and shall require the establishment of a condominium and an incorporated association of unit owners under Wis. Stats. ch. 703 and any amendment thereto with respect to the complete ownership of any parcels within this RM-3 district.

Permitted uses in the RM-3 district are as follows:

(1)

Condominium multiple-family buildings with three or more condominium dwelling units.

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Community living arrangements licensed by the state for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

Permitted accessory uses in the RM-3 district are as follows:

(1)

Private garages.

(2)

Gardening, tool and storage sheds incidental to the condominium residential use.

Conditional uses permitted in the RM-3 district are as follows:

(1)

Community living arrangements licensed by the state which have a capacity for 16 or more persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(2)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(3)

Proposed expansions to existing multiple-family residential buildings.

(4)

Developments proposing two or more buildings on a lot.

Lot area and width regulations in the RM-3 district are as follows:

(1)

Parcels shall be not less than 75 feet in width.

(2)

Parcels shall have a minimum area as follows:

Building heights and area regulations in the RM-3 district are as follows:

(1)

No building or parts of a building shall exceed 35 feet in height.

(2)

No principal building shall have a floor area of less than the larger of 2,000 square feet or:

Yard regulations in the RM-3 district are as follows:

(1)

There shall be a minimum street yard of 30 feet from the right-of-way of all public streets.

(2)

There shall be two side yards. The sum of the widths of the required side yards shall be a minimum of 35 feet, and no single side yard shall be less than 15 feet in width.

(3)

There shall be a rear yard of not less than 40 feet.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a multiple-family residential environment that is compatible with the neighborhood character, building permits for uses allowed in the RM-3 condominium multiple-family residential district shall not be issued without review and approval by the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101. Such approval shall be conditioned on the establishment, within ten days of final approval by the village board, of a condominium and an incorporated association of unit owners under Wis. Stats ch. 703 with respect to the completed ownership of any parcel granted approval under this division.

The following design goals or guidelines shall be utilized in reviewing proposed developments in the RM-3 district:

(1)

Exterior façades of all residential structures shall be predominantly masonry type materials.

(2)

Siding materials, other than masonry, shall be vinyl or other maintenance free material for all structures.

(3)

Shingles for all structures shall be compatible with the building color and dimensions.

(4)

Building colors should be of the earth-tone palette for all structures.

(5)

Shared postal boxes should be provided.

(6)

Paved drives constructed of pervious/permeable pavement or asphalt, concrete or other impervious materials shall be provided.

The B-1 business district is intended to provide for individual or small groups of retail and customer service establishments. This type of district is generally located away from the traditional central business district and provides such amenities as increased open space and off-street parking and loading facilities, making such retail centers more compatible with the character of adjacent residential districts.

Permitted uses in the B-1 district, provided that they shall be retail establishments selling and storing only new merchandise, are as follows:

(1)

Architectural, engineering or other similar professional offices.

(2)

Bakery goods stores.

(3)

Banks, savings and loan associations and other financial institutions.

(4)

Bars and taverns.

(5)

Barber and beauty shops.

(6)

Business offices.

(7)

Candy/confectionery stores.

(8)

Clothing stores.

(9)

Clubs.

(10)

Delicatessens.

(11)

Dentist, physician or other similar professional health office.

(12)

Drugstores.

(13)

Fast food stores.

(14)

Florists.

(15)

Fruit stores.

(16)

Gift stores.

(17)

Grocery stores.

(18)

Gymnasiums and athletic clubs.

(19)

Hardware stores.

(20)

Hobby shops.

(21)

Jewelry stores.

(22)

Liquor stores.

(23)

Meat, fish or poultry markets.

(24)

Packaged beverage stores.

(25)

Paint, glass and wallpaper stores.

(26)

Photo and film pickup stores.

(27)

Restaurants.

(28)

Self-service laundries.

(29)

Shoe repair shops.

(30)

Soda fountains.

(31)

Sporting goods stores.

(32)

Stationery stores.

(33)

Tobacco stores.

(34)

Vegetable stores.

Permitted accessory uses in the B-1 district are as follows:

(1)

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

(2)

Off-street parking and loading areas.

(3)

Ground-mounted and building-mounted earth station dish antennas.

(4)

Essential services and public street rights-of-way.

Conditional uses permitted in the B-1 district are as follows:

(1)

Animal hospitals, kennels and veterinary services, provided that no structure or animal enclosure shall be located closer than 100 feet to a property line.

(2)

Drive-in and drive-through establishments providing service to customers without the necessity of their entering the building.

(3)

Gasoline service stations, provided that all service islands and pumps shall meet the setback requirements.

(4)

Wind energy conversion systems.

(5)

Commercial day care centers licensed and/or regulated by the state.

(6)

Temporary uses.

(7)

Physical culture facilities, such as massage parlors and body-piercing establishments as defined by Wis. Admin. Code § HFS 173.03(8).

(8)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

Lots in the B-1 district shall be a minimum of 20,000 square feet in area and shall not be less than 100 feet in width.

No building or parts of a building in the B-1 district shall exceed 35 feet in height.

Yard regulations in the B-1 district are as follows:

(1)

Rear yard: Not less than 40 feet.

(2)

Side yard: Not less than 40 feet in width on either side of the business development.

(3)

Street yard: A minimum of 40 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a business use environment that is compatible with the neighborhood character, building permits for permitted uses in B-1 business districts shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The B-2 business district is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices and service establishments, including hotel and motel facilities, serving the daily needs of the surrounding community. This type of district is usually located at or near the intersections of two arterial streets or highways, but is separated from the traditional central business district and designed for the convenience of weekly or monthly one-stop shopping, and includes such amenities as increased open space and ample off-street parking and loading areas and architectural screening or landscaping.

(Ord. No. 881-23, 7-24-2023)

Permitted uses in the B-2 district are as follows:

(1)

All uses permitted in the B-1 business district.

(2)

Appliance stores.

(3)

Bicycle stores.

(4)

Bookstores.

(5)

Bowling/pool establishments.

(6)

Camera and photographic supply stores.

(7)

Caterers.

(8)

Clock/watch shops.

(9)

Crockery stores.

(10)

Department stores.

(11)

Dry goods and general merchandise stores.

(12)

Electrical supply stores.

(13)

Food lockers.

(14)

Furniture stores.

(15)

Furniture upholstery shops.

(16)

Furriers and fur apparel.

(17)

Heating supply stores.

(18)

Indoor theaters.

(19)

Jewelry stores.

(20)

Medical and dental clinics.

(21)

Music and musical instrument stores.

(22)

Natatoriums.

(23)

Newspaper and magazine stores.

(24)

Office supply and equipment stores.

(25)

Optical goods stores.

(26)

Pet shops.

(27)

Pet grooming.

(28)

Plumbing supply stores.

(29)

Shoe stores.

(30)

Professional offices.

(31)

Quick printing shops.

(32)

Radio broadcasting studios.

(33)

Roller skating establishments.

(34)

Theaters.

(35)

Variety stores.

Permitted accessory uses in the B-2 district are as follows:

(1)

Essential services and public street rights-of-way.

(2)

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

(3)

Off-street parking areas.

(4)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses in the district are as follows:

(1)

All B-1 neighborhood business district conditional uses.

(2)

Automotive sales and service.

(3)

Automotive body repair.

(4)

Game arcades.

(5)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(6)

Wind energy conversion systems.

(7)

Commercial day care centers licensed and/or regulated by the state.

(8)

Temporary uses.

(9)

Hotels and motels in accordance with division 29 of this article provided a planned unit development overlay district is approved for same and a detailed development agreement is entered into pursuant to section 46-801 through section 46-809.

(Ord. No. 881-23, 7-24-2023)

The initial B-2 zoning requires a minimum of five acres in area and shall not be less than 300 feet in width. After the initial property has been zoned B-2 community business district, it may be platted into smaller parcels but shall be no smaller than 20,000 square feet in area and have at least 100 feet of width and frontage.

Building height and area regulations for the B-2 district are as follows:

(1)

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

(2)

No individual store or shop shall have a total floor area of less than 450 square feet.

(3)

The sum total of the first floor area of all principal and all accessory uses shall not exceed 30 percent of the total lot area.

Yard regulations in the district shall be as follows:

(1)

Rear yard: A minimum of 25 feet.

(2)

Side yard: A minimum on each side of all buildings of ten feet.

(3)

Street yard: A minimum of 30 feet from the right-of-way line of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a business use environment that is compatible with the community character of the village, building permits for permitted uses in B-2 business districts shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The B-3 central business/mixed-use district is intended to provide appropriate development regulations to ensure the compatibility of the diverse uses typical of a downtown area including hotel and motel facilities, without inhibiting the potential for maximum development of commercial, cultural, entertainment and other urban activities which contribute to its role as the heart of the Village.

Development and redevelopment in the B-3 district shall be designed and sited in such a manner to be compatible with the planning and design guidelines in the adopted Village of Hartland Master Plan and Hartland Village Center Revitalization Plan.

(Ord. No. 881-23, 7-24-2023)

Permitted uses in the B-3 district are as follows:

(1)

All permitted uses allowed in the B-2 business district.

(2)

Administrative and public service offices.

(3)

Antique and collectors' stores.

(4)

Art galleries.

(5)

Boutiques and specialty goods stores.

(6)

Funeral homes.

(7)

Gasoline service stations.

(8)

Interior decorating shops.

(9)

Lodges and fraternal organizations.

(10)

Municipal parking facilities.

(11)

Resale shops.

(12)

Studios for photography, painting, sculpture, music, dance and other recognized fine art.

(Ord. No. 881-23, 7-24-2023)

Permitted accessory uses in the B-3 district are as follows:

(1)

Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Rental or owner-occupied efficiency, one- and two-bedroom dwelling units in the rear of a business establishment or on a nonground level provided that there shall be a minimum floor area of 450 square feet for an efficiency unit, 600 square feet for a one-bedroom unit, 750 square feet for two-bedroom units, and 900 square feet for three or more bedrooms.

(3)

Essential services and public street rights-of-way.

(4)

Off-street parking and loading areas.

(5)

One residential living space for the owner (sometimes called "live-work" units), proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(6)

Ground-mounted and building-mounted earth station dish antennas.

Conditional uses in the B-3 district are as follows:

(1)

An amount of off-street parking space not less than 50 percent of the amount required in article V of this chapter.

(2)

Game arcades.

(3)

Housing for the elderly, provided that densities shall not exceed 22 units per net acre or 32 bedrooms per net acre, whichever is greater.

(4)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(5)

Veterinary clinics, provided that no service, including the boarding of animals, is offered outside of an enclosed building.

(6)

Wind energy conversion systems.

(7)

Motor vehicle repair shop.

(8)

Temporary uses.

(9)

Bed and breakfast establishments as provided for in sections 46-866 through 46-867 of the Village of Hartland Municipal Code of Ordinances.

(10)

Mixed compatible uses, including hotels and motels in accordance with division 29 of this article provided a planned unit development overlay district is approved for same and a detailed development agreement is entered into pursuant to section 46-801 through section 46-809.

(11)

Drive-through facilities.

(12)

Decreases in the required rear yard.

(13)

[Reserved.]

(14)

Commercial day care centers licensed and/or regulated by the state.

(15)

Mixed use developments with multi-family residential must have the following:

First floor commercial use(s) fronting a village street providing goods or services to the public on a daily basis.

Appropriate residential density and building height as determined by the village board after recommendation from the planning commission.

(Ord. No. 798-12, § 1, 8-27-2012; Ord. No. 874-22, § 1, 11-14-2022; Ord. No. 881-23, 7-24-2023)

(a)

Lots shall contain sufficient area and width to implement the adopted Hartland Village Center Revitalization Plan as determined by the plan commission.

(b)

Lots shall provide open space in such a manner to implement the adopted Hartland Village Center Revitalization Plan as determined by the plan commission.

No building or parts of a building in the B-3 district shall exceed 45 feet in height.

Yard regulations in the B-3 district shall be as follows:

(1)

Rear yard: Not less than 25 feet or in accordance with subsection 46-15(e), unless the plan commission approves a conditional use permit in accordance with subsection 46-494(12).

(2)

Side yard: None, except as required in subsection 46-15(e) of this Code and, where a side yard is provided, it shall be at least eight feet in width.

(3)

Street yard: Proposed buildings shall be built to establish street frontages as described in the adopted Hartland Village Center Revitalization Plan (HVCRP). Such buildings shall be built to the "build-to" line established and referenced in Table 1 of the HVCRP. All or part of the front building edge may be further set back within the "build-within" zone. Unless otherwise specified in the HVCRP, the build-within zone or range is six feet wide for retail/commercial frontages, eight feet wide for dooryard frontages, and 12 feet wide for common front yard/lawn frontages.

Where the adopted HVCRP does not indicate either a specific dimension or a change in the existing pattern of development, the build-to line shall consist of a line extended from the front wall or façade of the nearest existing buildings on each side of the proposed building. If the buildings to each side are built at different setbacks, the build-to line shall be the line closest to the street right-of-way. The build-within zone or range shall be as specified in the previous paragraph, or shall extend to the further adjacent setback line, whichever is greater.

The build-to line may be adjusted or a building proposed beyond the build-within range may be allowed if the plan commission determines that such an adjustment or proposal would result in a site plan and cohesive design that better meets the objective of the HVCRP.

(4)

[Parking:] No parking shall be permitted between the front of the principal building(s) and the street right-of-way line, except that the plan commission may allow such required parking in the street yard if it finds that the no-street yard parking requirement is unfeasible for the site.

(5)

Shore yard: See section 46-16.

(Ord. No. 845-18, § 5, 1-22-2018)

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a business use environment that is compatible with the community character of the village, building permits for permitted uses in B-3 business districts shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The B-4 limited business and light industrial planned district is intended to provide for the development of an attractive and aesthetic mixed grouping of offices, corporate headquarters, medical facilities, limited light industrial uses, and the respective support facilities, including hotel and motel facilities, in a park-like setting. The B-4 district is further intended to promote the provision of ample off-street parking and loading areas, open space and landscape planting screens in areas adjacent to nonbusiness development to ensure the use will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding area.

(Ord. No. 881-23, 7-24-2023)

Except as provided in this division, only those uses shown or described as follows or on an approved development plan for a tract of land in this B-4 district shall be permitted on that property:

(1)

Professional offices, and business, financial, insurance or real estate services.

(2)

Training centers.

(3)

Light industrial, metal fabrication and similar small industries, if shown to be harmonious.

(4)

Radio, television and electronics assembly but not within 500 feet of any residential district.

(5)

Printing, lithographing, blueprinting and photocopying establishments.

(6)

Wholesalers and distributors.

(7)

Medical facilities/clinics.

Permitted accessory uses in the B-4 district are as follows:

(1)

Auxiliary power generators.

(2)

Enclosed as well as screened areas for the storage of nonhazardous, nonexplosive or nonflammable materials or substances used in conjunction with the permitted use.

(3)

Accessory garages for the storage of vehicles used in conjunction with the operation of the permitted use.

(4)

Off-street parking and loading areas.

(5)

Ground-mounted and building-mounted earth station dish antennas.

(6)

Essential services and public street rights-of-way.

The plan commission, in approving or disapproving proposed locations for uses under this section for the B-4 district, shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located, and shall also base its decision on such evidence as may be presented to the plan commission regarding those attributes of the proposed use, such as increased traffic on the public streets, heavy vehicular traffic, nature of retail use if applicable, municipal water availability, sewage disposal systems, soil limitations, and the emission of noise, smoke, dust or dirt, odorous or noxious gases, and the like that would be detrimental to such character and such suitability for development.

(1)

Retail uses whose customer base is predominately of a limited frequency type (i.e. once per week or once per month, etc.) and has a daily low customer volume.

(2)

Temporary uses.

(3)

Wind energy conversion systems.

(4)

Auto/convenience center.

(5)

Dyeing establishments.

(6)

Storing, warehousing, cleaning, testing, repairing or servicing establishments as determined by operations conforming with performance standards as set forth in article VI of this chapter.

(7)

Restaurants, motels and hotels, provided that, in the opinion of the plan commission, this use is required to provide an important and desirable service to the B-4 park and the village.

(8)

Research laboratories.

(9)

Soft drink bottling plants.

(10)

Hotels and motels in accordance with division 29 of this article provided a planned unit development overlay district is approved for same and a detailed development agreement is entered into pursuant to section 46-801 through section 46-809.

(11)

Any compatible use meeting the intent and all requirements of this division.

(12)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(13)

Commercial day care centers licensed and/or regulated by the state.

(Ord. No. 881-23, 7-24-2023)

Lot area and width regulations for the B-4 district are as follows:

(1)

Lots shall have a minimum area of 30,000 square feet.

(2)

Lots shall not be less than 150 feet in width at the building setback line.

Building height and area regulations for the B-4 district are as follows:

(1)

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

(2)

The sum total of the floor area, of the principal building, all accessory buildings and all parking and loading areas shall not exceed 60 percent of the lot area.

(3)

If a proposed new building or a proposed building addition, any improvements or modifications to a lot or parcel increase the sums of the totals referred to in subsection (2) of this section which results in a request exceeding the 60 percent ration, the plan commission and/or village board has the right to grant a waiver based on specific information presented by or requested of the applicant. This would include, but not be limited to the following:

a.

Nature of use.

b.

Lot size and area.

c.

Building size and area (both principal structure, accessory structures and loading areas).

d.

Present and proposed landscaping.

e.

Parking lot dimensions.

f.

Site elevations.

g.

Site storm drainage and detention/retention options (specifically, the rate of runoff determined for a 25-year storm occurrence in cubic feet per second (CFS), shall be determined by the owner for the present site and the proposed condition. If the proposal before the plan commission and/or village board shows that the 60 percent lot coverage is being exceeded, then the owner will be required to handle the excess runoff on-site. That retention/detention effort will be sized to handle the 25-year storm (CFS) referenced above).

h.

Current storm drainage utilized by adjacent properties.

i.

If this is a new building, what is the potential for a building addition in the future? What is the impact on parking and drainage?

j.

Site plan should show floodplains, wetlands, environmental corridors, utilities and easements.

k.

Any other information as necessary.

l.

This information will be reviewed by village staff, with a recommendation to the plan commission on the percent waiver requested. The plan commission and/or village board will evaluate this information and make a decision on a case-by-case basis.

Yard regulations in the B-4 district shall be as follows:

(1)

Rear yard: Not less than 25 feet unless abutting a residential district, then provide a 100-foot transitional yard.

(2)

Side yard: Not less than 25 feet unless abutting a residential district, then provide a 100-foot transitional yard.

(3)

Street yard: Not less than 50 feet unless opposite any residential district, then provide a 100-foot front yard setback.

(4)

Shore yard: See section 46-16.

(See land use controls for B-4 zoning for additional requirements.)

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a business use environment that is compatible with the community character of the village, building permits for uses allowed in the B-4 limited business and light industrial planned development district shall not be issued without review and approval by the plan commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

(a)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ancillary structures means buildings or structures located on the lot which are not attached to or part of the primary building or structure on the lot.

Building means both the main portion of any structure on the premises, and all projections and extensions including, but not limited to, platforms, docks, eaves, canopies, walls and screens.

Building site or site means any lot or contiguous lots or portions thereof within the B-5 district upon which buildings may be erected and used in conformance with this division and the statutes, regulations, codes and ordinances of the state, county and village.

Improvements means any manmade changes in the natural condition of the land including, but not limited to, buildings and construction of any kind, whether above or below grade, or on or below the land surface, such as buildings, fences, walls, signs, additions, alterations, screen enclosures, sewers, drains, disposals, lakes, waterways, roads, paving, utilities, grading, landscaping and exterior illumination and shall not be limited to any changes in any exterior color or shape and any new exterior construction or exterior improvement.

Occupant/occupancy means any person, entity or organization which has occupied, purchased, leased, rented or is otherwise licensed or legally entitled to occupy and/or use any building site or improvement on their premises (whether or not such right is exercised), as well as their heirs, assigns and successors in interest.

Owner means the record owner, whether one or more partners, persons, trusts, corporations or other entities of the fee simple interest to a lot or any other portion of the premises, including contract sellers (but not contract purchasers), their heirs, successors, personal representatives or assigns.

Structures means aboveground or belowground improvements.

(b)

All other terms not otherwise defined in section 46-1 shall be deemed to have their common and ordinary meanings.

Cross reference— Definitions generally, § 1-2.

The B-5 light industrial planned development district is intended to provide for the development of an attractive and aesthetic mixed grouping of offices, corporate headquarters, medical facilities, limited light industrial uses, and limited support facilities in a park-like setting. The B-5 district is further intended to promote the provision of ample off-street parking and loading areas; open space; and landscape planting screens in areas adjacent to nonbusiness development to ensure the use will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding area. In creating this B-5 district, it is the village's intent to:

(1)

Limit the development, improvement and use of the B-5 district to a structural, architectural and visual quality and value which is acceptable to the village and reflective of good quality development;

(2)

Ensure that any structures or buildings constructed in the B-5 district are built of materials acceptable to the village in appearance and design;

(3)

Provide, in the development of individual building sites, for adequate off-street parking space, loading facilities, sign controls, landscaping, surface drainage and property maintenance;

(4)

In general, provide an overall development that will promote the general welfare of the B-5 district, initial and subsequent owners of property in the B-5 district and the village.

Except as provided in this division, only those uses shown or described as follows or on an approved development plan for a tract of land in this B-5 district shall be permitted on that property:

(1)

Professional offices and businesses, insurance or real estate services.

(2)

Training centers.

(3)

Light industrial metal fabrication, and similar small industries, if shown to be harmonious with other permitted uses.

(4)

Radio, television and electronics assembly.

(5)

Printing, lithographing, blueprinting and photocopying establishments.

(6)

Wholesalers and distributors.

Ancillary structures are permitted in the B-5 district only if such structures are necessary to the principal use of the building site, are in architectural and aesthetic conformance with other buildings or structures on the site, are properly screened, meet all requirements of this division, and all other applicable ordinances. No building or structure of a temporary nature may be constructed on any building site except construction sheds for use during construction. Such sheds shall be promptly removed upon completion of construction. Examples of permitted accessory uses include:

(1)

Auxiliary power generators.

(2)

Enclosed as well as screened areas for the storage of nonhazardous, nonexplosive or nonflammable materials or substances used in conjunction with the permitted use.

(3)

Accessory garages for the storage of vehicles used in conjunction with the operation of the permitted use.

(4)

Off-street parking and loading areas.

(5)

Ground-mounted and building-mounted earth station dish antennas.

(6)

Essential services and public street rights-of-way.

The plan commission, in approving or disapproving proposed locations for uses under this division, shall give due consideration to the character and suitability for development of the area in the B-5 district in which any such use is proposed to be located, and shall also base its decision on such evidence as may be presented to the plan commission regarding those attributes of the proposed use, such as increased traffic on the public streets, heavy vehicular traffic, municipal water availability, sewage disposal systems, soil limitations, and the emission of noise, smoke, dust or dirt, odorous or noxious gases, and the like that would be, in the judgment of the plan commission, detrimental to such character and such suitability for development.

(1)

Temporary uses.

(2)

Wind energy conversion systems.

(3)

Financial establishments and medical facilities/clinics.

(4)

Storage or warehousing establishments as determined by operations conforming to performance standards as set forth in article VI of this chapter.

(5)

Research laboratories.

(6)

Soft drink bottling plants.

(7)

Restaurants, other than fast food restaurants, wholly contained within the confines of a building otherwise used for purposes of section 46-543(1) or (2).

(8)

Municipal government buildings.

(9)

Any compatible use meeting the intent and all requirements of this division.

(10)

Public and private recreational uses and purposes consistent with uses permitted under the P-1 park and recreation district regulations, provided that the building site and/or lot is not abutted or adjoined on one or more sides by S.T.H. 83 and/or C.T.H. KE.

(11)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(12)

Commercial day care centers licensed and/or regulated by the state.

Lot area and width regulations for the B-5 district are as follows:

(1)

Lots shall have a minimum area of 30,000 square feet.

(2)

Lots shall not be less than 150 feet in width at the building setback line.

Building height and area regulations for the B-5 district are as follows:

(1)

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

(2)

The sum total of the footprint of the principal building, all accessory buildings and all parking and loading areas shall not exceed 60 percent of the lot area. Open space on an individual lot may be reduced to 30 percent, provided that the stormwater management standards have been met, and a total of 40 percent of developable area in the original overall development is held as open space.

Yard regulations in the B-5 district shall be as follows:

(1)

Rear yard: Not less than 25 feet, unless abutting a residential district, then provide a 100-foot transitional yard.

(2)

Side yard: Not less than 25 feet, unless abutting a residential district, then provide a 100-foot transitional yard.

(3)

Street yard: Not less than 50 feet unless opposite any residential district, then provide a 100-foot front yard setback.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

No new buildings, improvements or modifications of any kind or degree to improvements in existence on the effective date of the ordinance from which this division is derived shall be made or constructed upon a building site or other lot in the B-5 district until a detailed site plan of the entire building site or lot, with a common scale not smaller than one inch equals 100 feet, is reviewed and approved by the plan commission. Improvements shown on such site plan shall include, but not be limited to:

(1)

All finished grade levels;

(2)

All buildings and other structures, showing the required setbacks;

(3)

Sidewalks and driveways (including types of materials);

(4)

Parking areas (including types of materials);

(5)

Loading areas (including types of materials);

(6)

Utility and storage areas (including types of materials);

(7)

Lawns and landscaped areas (including types of materials);

(8)

Water impoundments, wherever located, (if required);

(9)

Fences (including types of materials);

(10)

Lights (including types);

(11)

Areas of fill or cut;

(12)

Stormwater drainage plans and facilities, including appropriate on/off-site stormwater detention facilities;

(13)

On-site sewer, water and other utility locations;

(14)

Location and type of refuse collection or storage facilities;

(15)

All exterior signs and all other signs visible from the exterior of buildings and structures;

(16)

All additional information required by the plan commission.

No building or other structure in the B-5 district shall be constructed or placed on any building site or other lot, nor shall any building's or structure's exterior be remodeled or altered, until detailed plans and specifications for such building, structure or remodeling, alteration or addition thereto, have been reviewed and approved in writing by the plan commission. Building plans shall comply with the following minimum requirements:

(1)

Plans shall be prepared by an architect or engineer in at least one-eighth of an inch equals one foot scale.

(2)

Plans shall show building locations within the building site.

(3)

Floor plans and building elevations shall show all features and information required by the plan commission and the state.

(4)

Plans shall identify all construction materials used; samples and/or color charts shall be provided to the plan commission upon request.

(5)

Plans shall show all public and/or private utility connections and stormwater drainage and on/off-site detention systems.

Buildings and structures in the B-5 district shall comply with the following minimum standards:

(1)

They shall be prepared by a state-licensed architect or engineer.

(2)

No side, elevation or façade of a building or structure shall be deemed exempt from public view. Consequently, all sides, elevations or façades of all buildings and structures shall be visually pleasing and architecturally and aesthetically compatible with the surrounding environment.

(3)

The majority of exterior and externally visible opaque surfaces shall be constructed of not more than three of the following types of materials; provided, however, that such list shall not be deemed to exclude the use of other accent or exterior trim materials, glass and glazing, and earth berms:

a.

Brick;

b.

Architectural pre-cast concrete panels;

c.

Decorative concrete block (for no more than 35 percent of the exterior building wall area);

d.

Cut stone;

e.

Exterior insulation and finish systems such as Drivit or Sunalar or Stoh;

f.

Wood;

g.

Decorative aluminum panels (for no more than ten percent of the exterior building wall area);

h.

Other building materials being developed, and to be developed, by the construction industry. The use of such materials will be reviewed by the plan commission on a case-by-case basis.

(4)

Metal exterior buildings will not be permitted.

(5)

Building materials shall be selected for their ability to present a visual statement of a building or structure's strength, attractiveness and permanence. The building materials used shall be harmonious with the natural environment and with the general character of other buildings and structures in the B-5 district.

(6)

Metal trim materials may be used when in keeping with the architectural and aesthetic character of a building or structure.

(7)

All mechanical, electrical, pollution control or waste handling equipment, whether roof-mounted, pedestal-mounted or ground-mounted, and any outside solid waste, raw material, inventory, finished product, equipment, fuel storage facility or other storage of any kind, shall either be architecturally screened from view using materials identical to, or structurally and visibly compatible with, the main buildings or structures on the building site, or shall be landscape screened in accordance with section 46-553, landscaping.

(8)

All storage areas shall be screened as provided in this section and shall be fully hard-surfaced with either concrete or asphalt materials within 90 days from the date of occupancy, or as soon thereafter as weather will permit if such period occurs during winter months, but in no event later than nine months from the date of occupancy.

(9)

All buildings to be constructed on a building site which are to be heated or cooled shall be designed and constructed in an energy efficient manner consistent with sound and prudent design and construction techniques.

All utilities serving a building site in the B-5 district shall be installed underground, and their easements shall be duly reported to the village and recorded with the register of deeds.

Any building site upon which a building or structure has been erected or constructed in the B-5 district shall be landscaped in accordance with a detailed plan which has been reviewed and approved by the plan commission and board. The approved plan for landscaping a building site shall be implemented and maintained, and may not be altered substantially without submitting a revised plan to the plan commission for approval.

(1)

Such landscaping may include grading, earthen berms, seeding, sodding, raised planters, architectural decorative walls or fencing, trees and shrubs, ground cover and other landscape materials including permanent sprinkling systems, foundations, reflective ponds and landscape lighting.

(2)

All parking areas of 20 parking stalls or more shall be required to have landscaped islands. In general, there shall be 200 square feet of landscaped islands for each 20 parking stalls. Double loaded strip parking designs may be exempt from the landscape island requirement upon application to the plan commission that demonstrates that the goals of this section will be preserved.

(3)

All landscaping shall be completed within nine months following issuance of an occupancy permit.

(4)

Landscape materials located, oriented and planted for the primary purpose of screening a necessary structure or appurtenance which by virtue of its design, size, color or use is visually displeasing to a reasonable person shall be of a size to immediately provide a minimum of 50 percent of approved screening and be of a type of specie that will provide full year-round screening within three years from the time of planting.

(5)

Landscape lighting shall be in general compliance with section 46-556.

(Ord. No. 845-18, § 6, 1-22-2018)

In addition to the provisions set forth in article V of this chapter, the following regulations shall apply in the B-5 district:

(1)

Off-street parking and loading space shall be provided on each building site in such size and/or quantity so as to accommodate all planned or anticipated parking and loading on the site. No parking of motor vehicles or trailers will be allowed on streets, driveways or access easements that are common to other building sites.

(2)

Loading space shall be separate from parking spaces on any site where possible.

(3)

All parking, loading and driveway areas shall be hard-surfaced with appropriate materials within 90 days from the date of building occupancy, or as soon thereafter as weather will permit if such period occurs during winter months, but in no event later than nine months from the date of building occupancy.

(4)

All parking, loading and driveway areas shall be properly sloped and graded to ensure positive drainage to public utilities, or drainage or detention facilities, if any, within or beyond the premises or on/off-site impoundments, if any. In this regard, where necessary, the perimeter of all hard-surfaced areas on the site shall be edged with a permanent vertical-face concrete curbing. Such curbing shall be constructed to transition with curbs within the public or private right-of-way.

(5)

No perimeter curbing or hard-surfaced parking areas shall be constructed closer than 30 feet back from any front yard property lines. Front yard property lines shall be considered to be any side of the property that fronts on a public roadway. Side yard and rear yard curbing or hard-surfaced parking areas shall be 15 feet back from the side and rear yard property lines. Permanent ingress and egress to the building or shared parking facilities that have been approved, shall be excepted from this requirement.

(6)

The visual effect of all parking, loading and driveway areas shall be softened by the use of landscape materials and structures in accordance with section 46-553, landscaping, so as to minimize the visual impact of hard-surfaced areas, automobiles and trucks from view of the motoring public and people working on the premises.

(7)

Truck and truck-trailer loading, receiving and parking areas shall not be located on the street sides of any building, where possible, and shall be designed and located to accommodate all truck maneuvering on the building site. In addition, all such loading areas shall be given special attention in terms of landscape screening.

(8)

There shall be no long-term storage of trailers or vehicles on any building site; provided, however, that the foregoing shall not be construed to prohibit the uses expressly set forth in subsections (1)—(7) of this section.

(a)

Signage. Any sign located within the premises in the B-5 district shall, in addition to complying with the requirements set forth in article VII of this chapter, meet the following standards:

(1)

Signs may only advertise the names of the building occupants, the owners of the building site and the product manufactured or sold on the building site.

(2)

Each building site shall contain only one major project sign.

(3)

Signs shall be permanently affixed to the face of the building or to the ground, and shall not flash, pulsate, rotate or be affixed with moving appurtenances. Rooftop signs are prohibited.

(4)

Signs attached to buildings shall not extend above the higher of the ceiling line or the top of a parapet wall.

(5)

Small signs adjacent to individual tenant entrances to identify individual tenants or to direct traffic may also be allowed which conform to the provisions of this section.

(6)

All signs must be architecturally compatible to other improvements.

(b)

Lighting. Lighting on individual building sites shall adhere to the provisions of subsection (b) of this section and sections 46-949 and 46-955, as well as the following requirements:

(1)

All exterior parking areas must be illuminated.

(2)

Illuminating curb cuts and entrances to parking areas is encouraged.

(3)

All exterior lighting shall be energy efficient and shall be located, oriented and of an intensity to illuminate only the building site or lot, where located, without detrimentally affecting activity on adjacent sites or lots or traffic on streets and highways.

(4)

Lighting shall not be located on the roofs of buildings. Any lights affixed to a building shall be oriented downward at an angle from the vertical so as to light only areas of the site.

(5)

Lights may not flash, pulsate, be so bright as to impair or hinder vision on public streets or adjacent building sites, or otherwise constitute a nuisance.

(6)

Mixing of lighting types (i.e. sodium vapor, incandescent, mercury vapor and metal halide) should be avoided.

(7)

Integration of similar lighting fixtures is encouraged.

(8)

Exterior lighting should not shine on or adversely impact neighboring properties or streets.

(9)

Exterior lighting components such as fixtures, standards and exposed accessories should be consistent with the overall site design.

(10)

The height of exterior lighting fixtures should be compatible with the scale of adjacent buildings.

The M-1 limited manufacturing and wholesale business district is intended to provide for manufacturing or fabrication operations which, on the basis of physical and operational characteristics, would not be detrimental to the immediate surrounding area or to the village as a whole by reason of smoke, odor, noise, dust, flash, traffic, physical appearance or other similar factors; and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect. Also, the M-1 district is intended to provide for the orderly and attractive grouping, at appropriate locations, of wholesale business establishments. All industrial uses in this M-1 district must meet the state industrial standards.

Permitted uses in the M-1 district are as follows:

(1)

All uses involving the fabrication of materials within the confines of a building and in which any smoke, dust, flash, noise or odor produced in the fabrication process is confined within the building.

(2)

All uses involving the manufacture of goods within the confines of a building and in which any smoke, noise, dust, flash or odor produced in the manufacturing process is confined within the building.

(3)

All uses involving the provision of a service which is either manufacturing or fabrication related and not permitted in business districts confined within a building, and in which smoke, dust, flash, heat, noise or odor produced by such service uses is confined within the building.

(4)

Establishments for the wholesale of goods and materials other than chemical, flammable, liquid, gaseous, vaporous or explosive substances where such goods or materials are temporarily stored inside a building or within an open area visually screened from public streets, roads or highways and adjacent nonindustrial uses and where the individual goods or materials are not basically changed in character.

(5)

Storage buildings or yards for goods and materials other than chemicals, flammable liquids and gaseous, vaporous or explosive substances where such goods or materials are temporarily stored inside a building or within an open area visually screened from public streets, roads or highways and adjacent nonindustrial uses and where the individual goods or materials are not basically changed in character.

Permitted accessory uses in the M-1 district are as follows:

(1)

Auxiliary power generators.

(2)

Enclosed as well as screened areas for the storage of materials other than explosive or flammable materials or substances used in the manufacturing or fabrication process.

(3)

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

(4)

Off-street parking and loading areas.

(5)

Offices normally auxiliary to a permitted use.

(6)

Ground-mounted and building-mounted earth station dish antennas.

(7)

Essential services and public street rights-of-way.

Conditional uses in the M-1 district are as follows:

(1)

Airports, airstrips, landing fields provided that the site is not less than 20 acres.

(2)

Commercial, recreational establishments for racquetball, tennis, gymnastics, martial arts, health and fitness, dance and other related recreational use facilities that do not interfere with the permitted uses in the M-1 district.

(3)

Experimental, testing and research laboratories.

(4)

Heliports, bus and rail depots, provided that all principal structure and uses are not less than 100 feet from any residential district boundary.

(5)

Storage of explosive or flammable materials related to the permitted use.

(6)

Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.

(7)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(8)

Wind energy conversion systems.

(9)

Motor vehicle repair shop.

(10)

Temporary uses.

(11)

Short-term boarding facilities for dogs.

(12)

Distribution of used clothing, household goods, furniture and appliances.

(13)

Crematories, provided the following conditions are strictly complied with:

a.

No crematory, defined as a building or a portion of a building within which a cremation chamber is located, may be built, maintained or operated within 250 feet of any residential zoning district.

b.

Each crematory shall be operated in full compliance with all applicable state, federal or local government guidelines, regulations, administrative and statutory provisions in effect and corresponding to any time of operation.

c.

No crematory shall conduct more than 15 human remains cremations in any calendar week. The operator of a crematory shall maintain on the premises records which track the occurrence and timing of each cremation. Such records shall be kept on a permanent basis and shall be available for inspection by the building inspector or any other designated agent of the village.

d.

No crematory shall conduct cremations of medical or clinical waste or remains of any organism other than humans.

e.

No crematory may emit any emissions in violation of Village of Hartland Ordinance section 62-4 or otherwise injurious to health in violation of Village of Hartland Ordinance section 62-2(1) or in violation of any other applicable state or federal emission standard.

f.

Each crematory shall only be operated by an active funeral home establishment, whose license is in good standing, and is located within the corporate limits of the Village of Hartland.

g.

No more than two crematories shall be permitted in all M-1 zoning districts in the Village of Hartland because the purpose of this subsection is to serve the limited needs of the greater Village of Hartland area community and to discourage the operation of any regional crematory facilities.

h.

The provisions of Village of Hartland Ordinance sections 46-846 thru 46-848 shall be applicable to the establishment and review of a crematory.

(Ord. No. 798-12, § 2, 8-27-2012)

Lot area and width regulations for the M-1 district are as follows:

(1)

Lots shall have a minimum area of 30,000 square feet.

(2)

Lots shall not be less than 100 feet in width at the building setback line.

Building height and area regulations for the M-1 district are as follows:

(1)

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

(2)

The sum total of the floor area of the principal building, all accessory buildings and all paved parking and loading, driving and pedestrian areas shall not exceed 60 percent of the lot area.

(3)

If a proposed new building or a proposed building addition, any improvements or modifications to a lot or parcel increase the sums of the totals referred to in subsection (2) of this section which results in a request exceeding the 60 percent ratio, the plan commission and/or village board has the right to grant a waiver based on specific information presented by or requested of the applicant. This would include, but not be limited to, the following:

a.

Nature of use.

b.

Lot size and area.

c.

Building size and area (both principal structure, accessory structures and loading areas).

d.

Present and proposed landscaping.

e.

Parking lot dimensions.

f.

Site elevations.

g.

Site storm drainage and detention/retention options (specifically, the rate of runoff determined for a 25-year storm occurrence in cubic feet per second (CFS), shall be determined by the owner for the present site and the proposed condition. If the proposal before the plan commission and/or village board shows that the 60 percent lot coverage is being exceeded, then the owner will be required to handle the excess runoff on-site. That retention/detention effort will be sized to handle the 25-year storm (CFS) referenced above).

h.

Current storm drainage utilized by adjacent properties.

i.

If this is a new building, what is the potential for a building addition in the future? What is the impact on parking and drainage?

j.

Site plan should show floodplains, wetlands, environmental corridors, utilities and easements.

k.

Any other information as necessary.

l.

This information will be reviewed by village staff, with a recommendation to the plan commission on the percent waiver request. The plan commission and/or village board will evaluate this information and make a decision on a case-by-case basis.

Yard regulations in the M-1 district shall be as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths shall be a minimum of 30 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage an industrial use environment that is compatible with the community character of the village, building permits for permitted uses in the M-1 district shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The M-2 general manufacturing district is intended to provide for the same type of manufacturing and fabricating operations and uses as in the M-1 district, plus more intensive uses. However, these operations and uses shall be provided in those areas where the relationships to surrounding land use would create fewer problems of compatibility. The M-2 general manufacturing district also permits those activities generally perceived as being of a nuisance nature or considered to be hazardous. All uses in this district must meet state industrial standards, as well as performance standards set forth in article VI of this chapter. Such districts should not normally abut directly upon residential, commercial or institutional districts.

Permitted uses in the M-2 district are as follows:

(1)

All manufacturing, fabricating and storage uses not permitted in any other industrial district (except the manufacture or fabrication of explosives, flammable liquids, chemicals and gaseous or vaporous substances) as long as such permitted uses are carried on within an enclosed structure or within a totally screened yard area.

(2)

All permitted uses allowed in the M-1 district.

Permitted accessory uses in the M-2 district are as follows:

(1)

Auxiliary power generators.

(2)

Enclosed as well as screened areas for the storage of materials other than explosive or flammable materials or substances used in the manufacturing or fabrication process.

(3)

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

(4)

Off-street parking and loading areas.

(5)

Offices normally auxiliary to a permitted use.

(6)

Ground-mounted and building-mounted earth station dish antennas.

(7)

Essential services and public street rights-of-way.

Conditional uses in the M-2 district are as follows:

(1)

Airports, airstrips and landing fields, provided that the site is not less than 20 acres.

(2)

Commercial, recreational establishments for tennis, racquetball and related facilities.

(3)

Experimental, testing and research laboratories.

(4)

Heliports, bus and rail depots, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.

(5)

Storage, manufacture or fabrication of chemicals, explosives or flammable liquids and gaseous or vaporous substances.

(6)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(7)

Wind energy conversion systems.

(8)

Temporary uses.

Lot area and width regulations for the M-2 district are as follows:

(1)

Lots shall have a minimum area of 40,000 square feet.

(2)

Lots shall not be less than 125 feet in width at the building setback line.

Building height and area regulations for the M-2 district are as follows:

(1)

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

(2)

The sum total of the first floor area of the principal building, all accessory buildings and all parking and loading areas shall not exceed 80 percent of the lot area.

Yard regulations in the M-2 district shall be as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be a side yard on each side of all buildings of not less than 25 feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage an industrial use environment that is compatible with the community character of the village, building permits for permitted uses in the M-2 district shall not be issued without prior review by, and approval of, the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

The Q-1 quarrying/extractive district is intended to provide for the orderly continuation of restoration of existing quarries, or other extractive and related operations and to provide for the location in approximate places of new extractive operations that provide maximum protection to the natural environment. This Q-1 district further provides for the restoration of lands involved in extractive operations in a manner that will not deteriorate the natural environment.

There are no permitted uses in the Q-1 district.

There are no permitted accessory uses in the Q-1 district.

Conditional uses in the Q-1 district are as follows:

(1)

Aggregate and ready-mix plants.

(2)

Clay, ceramic and refractor minerals mining.

(3)

Crushed and broken stone quarrying.

(4)

Ground-mounted and building-mounted earth station dish antennas.

(5)

Mixing of asphalt.

(6)

Nonmetallic mining except fuels.

(7)

Processing or storage of topsoil.

(8)

Removal of topsoil.

(9)

Sand and gravel quarrying.

(10)

Washing, refining or processing of rock, slate, gravel, sand and minerals.

(11)

Wind energy conversion systems.

(12)

Essential services and public street rights-of-way.

(13)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

Lot area and width regulations for the Q-1 district are as follows:

(1)

Lots shall be not less than 60 feet in width at the principal street access.

(2)

Lots shall provide sufficient area for the principal structure and its accessory structures, the extractive industrial operations, off-street parking and loading and yards as required in this division.

No structure, building or parts of a building in the Q-1 district shall exceed 75 feet in height above the original land elevation of the parcel.

Yard regulations in the Q-1 district shall be as follows:

(1)

The extractive operation shall have a minimum yard of 200 feet from the right-of-way line of all highways, streets or roads and all exterior property lines.

(2)

Uses accessory to the extractive operations such as offices, parking and unloading areas and stockpiles of materials shall be set back a minimum of 100 feet from the right-of-way line of all highways or roads and all property lines.

(3)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

(a)

Application for a conditional use permit shall be made to the building inspector by the property owner or long-term lessee with the express approval of the property owner, either of whom shall be directly responsible in: (1) the extracting, or removal of the mineral, gravel, sand, rock, slate or topsoil or (2) the restoration of a non-metallic mining site. All applications shall be accompanied by the following:

(1)

A plat of survey of the proposed site and an adequate description of the operational methods; a list of equipment, machinery and structures to be used; the source, quantity and disposition of water to be used; a topographic map of the site showing existing contours with a minimum vertical of five feet; depth of groundwater, location of existing trees; erosion control plan, proposed and existing access roads and routes and number of vehicles per day accessing the site; hours of operation, the depth of all existing and proposed excavations and a restoration plan.

(2)

In addition to the foregoing, the restoration plan provided by the applicant shall contain proposed contours after filling or restoration, depth of the restored topsoil, source(s) and type(s) of fill, erosion control plan, storm water management plan, grading plan, documentation to be provided to the village concerning all source(s) and types of fill, re-vegetation and/or reforestation, restoration commencement and completion dates, plan of operation, hours of operation, and site security measures to prevent unauthorized dumping of materials. The applicant shall furnish the necessary fees to provide for the village's inspection and administration costs. The applicant and/or owner of land from which mineral, gravel, sand, rock, slate or topsoil is being, or will be, removed or extracted shall furnish the necessary sureties, which will enable the village to perform the planned restoration of the site in event of default by the applicant. The amount of sureties shall be based upon the cost estimates prepared by the village engineer and the form and type of such sureties shall be approved by the village board.

(b)

In exercising its obligations under section 46-846 of this chapter, in considering any restoration plan, the plan commission may recommend that the village board place reasonable restrictions on any restoration plan to avoid any hazardous, harmful, offensive or otherwise adverse effects to the environment or the value of the neighborhood or the community.

The I-1 institutional district is intended to provide areas which are under educational, religious and/or public-related use and ownership, and where the use for these purposes are anticipated to be permanent.

Permitted uses in the I-1 district are as follows:

(1)

The exercise of religion in churches.

(2)

Hospitals, sanatoriums, nursing homes and clinics.

(3)

Libraries, museums and art galleries.

(4)

Public administrative offices and public service buildings, including fire and police stations.

(5)

Public or private schools, colleges and universities.

(6)

Public utility offices.

(7)

Municipal wells, municipal lift/pumping stations, municipal water towers and municipal communication towers.

Permitted accessory uses in the I-1 district are as follows:

(1)

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

(2)

Off-street parking and loading areas.

(3)

Residential quarters for caretakers or clergy.

(4)

Service buildings and facilities normally accessory to the permitted uses.

(5)

Ground-mounted and building-mounted earth station dish antennas.

(6)

Essential services and public street rights-of-way.

Conditional uses in the I-1 district are as follows:

(1)

Cemeteries.

(2)

Crematory services.

(3)

Utility substations and communication towers.

(4)

Wind energy conversion systems.

(5)

Church activities and uses that do not constitute the exercise of religion.

(6)

Commercial catering or food preparation services for off-site consumption.

(7)

Commercial day care centers licensed and/or regulated by the state.

Lots in the I-1 district shall be a minimum of 8,000 square feet in area with a minimum lot width of 70 feet.

No building or parts of a building in the I-1 district shall exceed 35 feet in height.

Yard regulations in the I-1 district shall be as follows:

(1)

Rear yard: Not less than 25 feet.

(2)

Side yard: There shall be two, the sum of the widths shall be a minimum of 25 feet, and no single side yard shall be less than ten feet in width.

(3)

Street yard: A minimum of 30 feet from the right-of-way line of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a use environment that is compatible with the neighborhood character, a building permit and/or occupancy permit for any permitted, accessory or conditional use in the I-1 district, except the exercise of religion in churches, shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not necessarily limited to, the proposed plan of operation, general layout, building plans, lighting, ingress, egress, parking, landscaping, and open space utilization in accordance with section 46-16, 46-100 and 46-101. The application procedure and standards of review described in article IV of this chapter shall generally be applicable to plan commission review under this division. Plan commission review under this division is required for all types of permitted accessory and conditional uses except the exercise of religion in churches. Neither a new occupancy permit nor plan commission review is required when the type of principal accessory or conditional use remains unchanged but the details of that use changes. But when a new activity or use is added that is different in kind or type from the previous principal, accessory or conditional uses for which occupancy permits have been issued, a new occupancy permit must be applied for and the plan commission must review the application pursuant to this section.

The P-1 park and recreation district is used to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met without undue disturbance of natural resources and adjacent uses.

Permitted uses in the P-1 district are as follows:

(1)

Amphitheaters.

(2)

Fairgrounds.

(3)

Forest reserves (wilderness areas).

(4)

Forest reserves (wilderness refuges).

(5)

Golf courses with or without country club facilities.

(6)

Group or organized camps.

(7)

Historic and monument sites.

(8)

Ice skating.

(9)

Parks (general recreation).

(10)

Parks (leisure and ornamental).

(11)

Picnicking areas.

(12)

Playfields or athletic fields.

(13)

Playgrounds.

(14)

Play lots or tot lots.

(15)

Recreation centers and related structures and facilities.

(16)

Skiing and tobogganing.

(17)

Swimming beaches.

(18)

Swimming pools.

(19)

Tennis courts.

(20)

Zoos.

(21)

Studios for the teaching or performance of the performing arts or fine arts.

Permitted accessory uses in the P-1 district are as follows:

(1)

Buildings accessory to the permitted recreational use.

(2)

Ground-mounted and building-mounted earth station dish antennas.

(3)

Essential services and public street rights-of-way.

Conditional uses in the P-1 district are as follows:

(1)

Wind energy conversion systems.

(2)

Temporary uses.

(3)

Utility substations, municipal wells, lift/pumping stations, water towers and communication towers.

(4)

Commercial day care centers licensed and/or regulated by the state.

Lots in the P-1 district shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas as required by article V of this chapter and all required yards.

No building or parts of a building in the P-1 district shall exceed 45 feet in height.

Yard regulations in the P-1 district shall be as follows:

(1)

Rear yard: Not less than 40 feet.

(2)

Side yard: Not less than 20 feet in width on each side of all buildings.

(3)

Street yard: A minimum of 40 feet from the right-of-way line of all public streets.

(4)

Shore yard: See section 46-16.

See chapter 76 of the Municipal Code of the Village of Hartland.

To encourage a recreational use environment that is compatible with the neighborhood character, building permits for permitted uses in the P-1 park and recreation district shall not be issued without review and approval of the plan commission. Said review and approval shall be concerned with, but not limited to, the proposed plan of operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping and open space utilization in accordance with sections 46-16, 46-100 and 46-101.

(a)

The C-1 lowland conservancy district is intended to preserve, protect and enhance the ponds, streams and wetland areas of the village. The preservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both groundwater and surface water; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for such use; and protect the water-based recreation resources of the village.

(b)

The boundaries of the C-1 lowland conservancy district are based primarily on the state wetland inventory maps for Waukesha County prepared by the state department of natural resources in coordination with the Southeastern Wisconsin Regional Planning Commission on the commission's year 2005 one inch equals 400 feet scale orthophotographs and include, but are not limited to, all shoreland-wetlands of five acres or greater in area shown on those maps. The C-1 district may also include wetlands shown on development plan approvals. Precise wetland delineations shall be made by field investigation prior to development to verify C-1 district boundaries.

Permitted uses in the C-1 district are as follows:

(1)

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

(2)

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

(3)

The practice of silviculture, including the planting, thinning and harvesting of timber.

(4)

Construction and maintenance of fences.

(5)

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

(6)

Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.

(7)

The construction and maintenance of piers, docks and walkways, including those built on pilings.

(8)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

Conditional uses in the C-1 district are as follows:

(1)

The construction of streets which are necessary for the continuity of the village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 lowland conservancy districts, provided that:

a.

The street cannot, as a practical matter, be located outside the lowland conservancy district;

b.

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in section 46-43(b);

c.

The street is designed and constructed with the minimum cross section practical to serve the intended use;

d.

The street construction activities are carried out in the immediate area of the roadbed only; and

e.

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the street.

(2)

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals, or used solely for some other purpose which is compatible with natural resource preservation, provided that:

a.

The building cannot, as a practical matter, be located outside the lowland conservancy district;

b.

The building is not designed for human habitation and does not exceed 500 square feet in area; and

c.

Only limited filling or excavating necessary to provide structural support is conducted.

(3)

The establishment and development of public and private parks, recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:

a.

Any private recreation or wildlife habitat area must be exclusively for that purpose;

b.

No filling is to be done; and

c.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

(4)

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members located outside the C-1 district, provided that:

a.

The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the lowland conservancy district; and

b.

Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.

(5)

The construction and maintenance of railroad lines, provided that:

a.

The railroad lines cannot, as a practical matter, be located outside the lowland conservancy district; and

b.

Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.

Prohibited uses in the C-1 district are as follows:

(1)

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

(2)

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

(1)

The RSE-2 residential district is intended to provide single-family residential development along the borders of the village when the extension of municipal water and sewer utilities is not practical. In order to achieve a compatible transition between village development and the surrounding areas, development in this district will consist of larger lots and is authorized to occur without municipal sewer and water. Extension of these utilities is considered impractical when all of the following conditions exist.

a.

Existing utilities are greater than 100 feet from the closest boundary of the subject property.

b.

At least one parcel not owned by the owner of the subject property lies between the terminus of the existing utilities and the subject property.

c.

The length of additional utility extension required to reach the closest boundary of the subject property is greater than 50 percent of the length of the frontage of the subject property.

(2)

No development requiring the use of a subdivision plat, which generally involves divisions exceeding four lots, would be allowed within this district.

(3)

Density within this district shall not exceed 1.75 units per net acre. Land which is permanently protected natural area shall be excluded from the net acre density ratio for the RSE-2 zoning district.

(4)

The permanently protected natural areas are deemed to be lands in the following zoning classifications:

a.

C-1 lowland conservancy district;

b.

FWO floodway overlay district;

c.

FFO floodplain fringe overlay district;

d.

UCO upland conservancy overlay district.

(Ord. No. 846-18, § 1, 3-26-2018)

Permitted uses in the RSE-2 district are as follows:

(1)

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

(2)

Essential services and public street rights-of-way.

(3)

Foster homes.

(4)

Single-family dwellings.

(5)

Family day care home.

(Ord. No. 846-18, § 1, 3-26-2018)

Permitted accessory uses in the RSE-2 district are as follows:

(1)

Gardening, tool and storage sheds incidental to the residential use.

(2)

Home occupations and professional home offices.

(3)

Private garages and carports.

(4)

Ground-mounted and building-mounted earth station dish antennas.

(Ord. No. 846-18, § 1, 3-26-2018)

There are no conditional uses in the RSE-2 district.

(Ord. No. 846-18, § 1, 3-26-2018)

Lots in the RSE-2 district shall have a minimum area of 30,000 square feet and shall not be less than 120 feet in width. Without reducing the overall density, lot area and width may be reduced to not less than 25,000 square feet or 110 feet in width by the village board, upon recommendation of the plan commission, when the information contained on a CSM as required under section 46-721 indicates that sufficient space exists for the required facilities and setbacks.

(Ord. No. 846-18, § 1, 3-26-2018)

All requests for land division in this district or for property intended to be zoned in this district shall contain the following information on the face of the CSM or as an attachment to the CSM filed simultaneously therewith.

(1)

All information as required by section 50-136 of this Code.

(2)

Identified location and land area size of the following:

a.

Two septic fields appropriately sized for the intended use (primary and replacement).

b.

Other necessary facilities for the private on-site wastewater treatment system.

c.

Potable water well.

d.

Buildable footprint for all structures planned for the property.

(3)

Percolation test data and test boring information provided by a Wisconsin certified soil tester.

(Ord. No. 846-18, § 1, 3-26-2018)

The impervious surface coverage on lots in this district shall not exceed 15 percent of each lot.

(Ord. No. 846-18, § 1, 3-26-2018)

No building or parts of a building in the RSE-2 district shall exceed 35 feet in height. The minimum floor area of the primary structure shall be 1,600 square feet, single-story; 1,800 square feet, split level; and 2,000 square feet, two-story.

(Ord. No. 846-18, § 1, 3-26-2018)

Yard regulations in the RSE-2 district are as follows:

(1)

Rear yard: Not less than 50 feet.

(2)

Side yard: A minimum of 25 feet.

(3)

Street yard: A minimum of 30 feet from the right-of-way of all public streets.

(4)

Shore yard: See section 46-16.

(Ord. No. 846-18, § 1, 3-26-2018)

See chapter 76 of the Municipal Code of the Village of Hartland.

(Ord. No. 846-18, § 1, 3-26-2018)

In accordance with other provisions of this Code, future connection to municipal utilities may be required when one or more utilities are present within a specified distance of any property in this zone.

(Ord. No. 846-18, § 1, 3-26-2018)

Shared driveways or access may be specifically allowed in the RSE-2 district by the village board, upon recommendation of the plan commission, provided proper easement documentation is presented as part of a CSM or separate document.

(Ord. No. 846-18, § 1, 3-26-2018)

(a)

The UCO upland conservancy overlay district is intended to preserve, protect, enhance and restore all significant woodlands, wildlife habitat areas, areas of rough topography and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the village, while not interfering with development rights perceived by the village board and assigned by the underlying basic district.

(b)

The boundaries of the UCO upland conservancy overlay district are based primarily on the upland portion of the primary environmental corridors, secondary environmental corridors and isolated natural resource areas delineated in the adopted Village of Hartland Sanitary Sewer Service Area Plan or Comprehensive Plan, or components thereof, and refinements or updates to such corridors or areas prepared by the Southeastern Wisconsin Regional Planning Commission and adopted by the village board.

Permitted uses in the UCO district are as follows:

(1)

Any use of land, except development involving structures, that is permitted in the basic underlying district, provided that such development does not destroy the natural resource features protected by the district.

(2)

Forest and game management.

(3)

Park and recreation areas.

(4)

Preservation of scenic, historic and scientific areas.

(5)

Recreational trails.

Conditional uses in the UCO district are as follows:

(1)

Any permitted use, permitted accessory use or conditional use permitted in the underlying basic use district, including structural uses, provided that the development will serve to implement the purpose and intent of the UCO district and foster the preservation of woodlands, wildlife habitat, rough topography and scenic areas. To this end, the plan commission may permit the transfer of densities within the property boundaries of a given project. Individual lot sizes and per unit lot areas may be reduced, provided that the density of the project does not exceed the maximum density permitted in the underlying basic use district. The institutional mechanism and limits of density transfer shall be the same as those specified in this division. The plan commission shall require the same procedural requirements set forth in this division. The plan commission shall require appropriate legal measures to ensure that the open spaces and natural resource elements preserved by the transfer of density will be inviolate.

(2)

Earth movements involving the disturbance of more than 10,000 square feet in area on slopes of 12 percent or more, provided that the plan commission has determined that such earth moving is necessary to the public interest, will not result in undue negative impact on the natural resource base, and further provided that the plan commission has approved an operational plan submitted by the petitioner that will serve to minimize erosion and sedimentation and preserve the natural beauty of the site. The plan commission shall require the applicant to furnish a surety to enable the village to carry out land restoration work in the event of default by the applicant in carrying out the approved operational plan.

Lands lying within the upland conservancy overlay district shall not be clearcut of trees, shrubbery or underbrush. No more than ten percent of the natural vegetation shall be removed from a parcel in any one calendar year. Normal pruning, trimming and shearing of vegetation; removal of dead, diseased or insect infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction.

No filling, excavation or topsoil removal in the UCO district shall be permitted which involves the disturbance of an area exceeding 10,000 square feet on slopes of 12 percent or more except by the granting of a conditional use permit.

See chapter 76 of the Municipal Code of the Village of Hartland.

Every applicant for a principal use permitted in the underlying basic use zoning district and proposed in the UCO district shall, before a building permit is issued, present detailed plans and specifications of the proposed use or structure to the plan commission who will approve said plans only after determining that the proposed use or structure will not be contrary to the purpose and intent of the UCO district.

The PUD planned unit development overlay district is intended to allow, as a conditional use, development that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses, including mixed uses in traditional neighborhood development. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD overlay district under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying basic zoning district.

Projects within PUD's which are granted the benefit of flexibility in the application of standard land use regulations, including design considerations, shall be determined by the plan commission to include unique or distinct site development features which would enhance the project in ways that would not be realized when applying standard land use regulations for site development. Such features may include, but are not limited to: large or unique open spaces, extensive or ornate architectural or landscape features, underground parking and/or environmentally sustainable technologies and building materials. However, the plan commission shall not allow such design flexibility regarding density, and required lot area, width and yard requirements in the underlying basic zoning district for the sole purpose of increasing development intensity.

The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Wis. Stats. Ch. 703, condominiums may be permitted by the village upon specific petition under this division and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this division have been met. Individual lots or buildings may be subsequently conveyed to separate ownerships as indicated on an approved plan. The location of all uses allowed within a PUD shall be in accordance with the duly approved development plan for the PUD.

All uses shall be conditional upon the determination as to their appropriateness within the context of the village's comprehensive plan or components thereof, their conformance with the provisions of the PUD overlay district, and subject to such conditions as may be established as part of final plan approval.

(1)

Any use allowed as either a permitted or conditional use in an underlying basic or overlay zoning district may be allowed as a conditional use in a planned unit development. Individual structures shall comply with the minimum building floor area and maximum height requirements, unless section 46-926(a) applies, of the underlying basic zoning district as applicable to the uses within the structures. All open space and parking requirements of the underlying basic zoning district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development, unless section 46-923(13) applies.

(2)

Where the underlying zoning is a RD-1 or RD-2 district, then two-family residential uses mixed with compatible single-family residential uses may be allowed in a planned unit development. Any accessory uses such as a swimming pool, recreational area, pavilion or similar use designed as an accessory amenity or service to the planned unit development may be allowed.

(3)

Where the underlying zoning is a RM-1, RM-2 or RM-3 district, then multi-family residential uses mixed with compatible two- and/or single-family residential uses may be allowed in a planned unit development. Any accessory uses such as a swimming pool, recreational area, pavilion or similar use designed as an accessory amenity or service to the planned unit development may be allowed.

(4)

If residential uses are proposed, the percentage mix of dwelling unit types required in a planned unit development shall be determined on a case-by-case basis by the plan commission.

All permitted uses and the minimum area requirements for the development will be determined on a case-by-case basis by the plan commission.

In the PUD district the lot area, width and yard requirements of the underlying basic use district may be modified. However, where the underlying zoning is a residential basic use district, the average density may only be increased a maximum of ten percent over the average density permitted in the underlying basic use district and only after the plan commission has determined that the proposed planned unit development satisfies the review criteria set forth in this division.

Buildings in a planned unit development overlay district shall:

(1)

Not exceed the height permitted in the underlying basic zoning district, unless section 46-926(a)(8) applies.

(2)

Provide a minimum area that is equal to or greater than that required in the underlying basic use district.

See chapter 76 of the Municipal Code of the Village of Hartland.

Procedural requirements for creating a PUD district are as follows:

(1)

Meeting with plan commission. Prior to the official submission of the petition for the approval of a planned unit development overlay district, the owner or his agent making such petition shall meet with the plan commission or its staff to discuss the scope and proposed nature of the contemplated development. At the pre-petition meeting, the owner or his agent shall present a general conceptual development plan including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development using as a general guideline the requirements set forth in subsection 46-807(2)b.

(2)

Petition. Following the prepetition conference, the owner or his agent may file a petition with the clerk for approval of a planned unit development overlay district containing the following:

a.

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

1.

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

2.

A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.

3.

A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.

4.

Any proposed departures from the standards of development as set forth in this chapter and chapter 50, land subdivision, other village regulations or administrative rules, or other universal guidelines.

5.

The expected date of commencement of the proposed physical development and also an outline of the anticipated rate of development.

b.

A general development plan including:

1.

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

2.

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

3.

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

4.

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

5.

The type, size and location of all structures.

6.

General landscape treatment.

7.

Architectural plans, elevations and perspective drawings and sketches, illustrating the design and character of proposed structures.

8.

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

9.

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

10.

Characteristics of soils related to contemplated specific uses.

11.

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

12.

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

13.

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

c.

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

d.

Public hearing. Upon receipt of the plan commission's recommendations, the village board, before taking affirmative action to approve such petition, shall hold a public hearing, pursuant to section 46-40. Notice for such hearings shall include reference to the development plans filed in conjunction with the requested planned unit development overlay district.

The plan commission, in making its recommendation, and the village board, in making its determination, shall consider the following:

(1)

The petitioners for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the PUD within one year following the approval of the petition; the development will be carried out according to a reasonable construction schedule and staging plan satisfactory to the village; and the proponents of the proposed PUD have the financial capacity to carry out the project as proposed.

(2)

The proposed planned unit development overlay district is consistent in all respects to the purpose of this division and to the spirit and intent of this chapter; is in conformity with the adopted comprehensive plan, master plan, neighborhood plan or any adopted component thereof, including the Hartland Village Center Revitalization Plan, and the development would not be contrary to the general welfare and economic prosperity of the community.

(3)

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

a.

The proposed site shall be provided with adequate drainage facilities for surface water and stormwater.

b.

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

c.

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

d.

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

e.

Centralized public water and sewer facilities shall be provided.

f.

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

g.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an unreasonable adverse effect upon the general traffic pattern of the surrounding neighborhood. Insofar as is practicable, consolidation of driveways, parking, and curb cuts and connection driveways between properties, where appropriate, shall be provided to enhance safety and provide more efficient and economical access and parking.

h.

The size, quality and design of all buildings, landscaping and other site development features in the project will be compatible with the general character of the village and specifically to the surrounding neighborhood, and the design of the development will result in an attractive and harmonious development compatible with and not adversely affecting the property values of the surrounding neighborhood.

(4)

In the case of a proposed residential planned unit development overlay district:

a.

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

b.

The total net residential density within the planned unit development overlay district will be compatible with the village master plan, neighborhood plan, or components thereof. The total net density shall also be consistent with and not exceed the density of development permitted in the underlying basic use zoning district, unless section 48-804 applies. When the underlying basic zoning district includes more than one residential district, the density for the land occupied by each district shall be calculated and the final maximum density for the PUD shall be the sum total of the number of units calculated for each district.

c.

Structure types shall be generally compatible with other structural types permitted in the underlying basic use district.

d.

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

e.

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

f.

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

g.

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

h.

The care and maintenance of private open space shall be ensured either by establishment of an appropriate management organization for the project or by agreement with the village for establishment of a special service district for the project area on the basis of which the village shall provide the necessary maintenance service and levy the cost as a special assessment on the tax bills of properties within the project area. In any case, the village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the village. The manner of ensuring maintenance and assessing such cost to the individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.

i.

Ownership and tax liability of private open space reservation areas shall be established in a manner acceptable to the village and made a part of the conditions of the PUD approval.

j.

Clustering of residential development is permitted provided that permanent common open space is set aside so that the overall density of development permitted in the underlying basic zoning district is complied with.

(5)

In the case of a proposed commercial planned unit development overlay district:

a.

The economic practicality of the proposed development can be justified.

b.

The proposed development will be adequately served by off-street parking and truck service facilities.

c.

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

(6)

In the case of a proposed industrial planned unit development overlay district:

a.

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

b.

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

c.

The proposed development will include adequate provision for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

d.

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

(7)

In the case of a mixed use planned unit development overlay district:

a.

The proposed mixture of residential, office, retail, recreational, governmental, or institutional uses, including such mixed uses for traditional neighborhood developments, produces a unified development of various compatible uses which is also compatible with the underlying districts and, as a total development entity, with the surrounding neighborhood character.

b.

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

c.

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

(a)

Generally. The village board, after due consideration, shall either deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions.

(b)

Approval. The general and detailed approval of a planned unit development overlay district shall be based on and include as conditions thereto the building, site and operational plans for the development as approved by the village board.

(1)

General approval. Plans submitted with the PUD application need not necessarily be completely detailed at the time of rezoning, provided that they are of sufficient detail to satisfy the village board as to the general character, scope and appearance of the proposed development. Such preliminary plan shall designate the pattern of proposed streets, and the size and arrangement of individual buildings and building sites. The approval of such preliminary plan shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.

(2)

Detailed approval. Plans submitted for detailed approval shall be sufficiently precise, and all items that are required to be identified by the village board are presented. A letter of credit for all improvements shall be submitted before final approval is given.

(c)

Guarantees. The developer shall enter into an appropriate contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the approved PUD.

(d)

Changes and additions. Any subsequent change or addition to approved plans or uses shall first be submitted for approval to the plan commission, and if, in the plan commission's opinion, such change or addition is not substantial, it may recommend approval to the village board without public hearing. If such change or addition is construed to be substantial, a public hearing shall be held by the village board, pursuant to article II, division 1, of this chapter. Without limitation to the plan commission's right to determine any other change substantial, a change in any of the following respects shall be automatically construed to be substantial:

(1)

An increase in the number of dwelling units from that shown in the approved comprehensive project plan.

(2)

A significant change in the size, value or type of structure from that indicated in the approved comprehensive project plan.

(3)

The addition of any principal uses or an increase in the intensity or frequency of use(s) not included in the approved comprehensive project plan.

(4)

A change in the basic concept of site development which would significantly alter the relationship or intensity of land use within the development or to adjoining properties.

(e)

Subsequent land division. The division of any land within a planned unit development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the village and when such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PUD approval.

NOTE: This table is a summary and should not be used to answer zoning related questions. Refer to the zoning text and map for specific zoning district information.

^a.  Structures to be developed on lands in shoreland areas annexed into the village after May 7, 1982, must provide shoreyard setbacks from the ordinary high-water mark (OHWM) of navigable waters (See section 46-16).

^b.  Lots abutting a more restrictive zoning district shall provide side and/or rear yards not less than those required in the more restrictive district.

^c.  See sections 46-11 and 46-926(a) for the maximum height allowed for accessory buildings and structures.

^d.  Lots shall provide sufficient area and width as determined by the plan commission to implement the adopted Hartland Village Center Revitalization Plan.

^e.  Permitted residential accessory uses shall provide a minimum floor area of 450 square feet for efficiency units, 600 square feet for one-bedroom units, 750 square feet for two-bedroom units, and 900 square feet for three or more bedroom units.

^f.  One hundred feet if abutting a residential district.

^g.  Lots shall provide sufficient area for the principal structure and its accessory structures, the operation, off-street parking and loading, and all required yards.

^h.  The area to be extracted shall be set back at least 200 feet from the right-of-way lines of public streets and all property lines.

^i.  As per underlying basic zoning district requirements.