Herman Town Dodge County
City Zoning Code
City Zoning Code
ARTICLE III
Zoning Districts
§ 384-23 Districts established.
For the purpose of this chapter, the following primary use districts are hereby established with the Town of Herman:
Primary Use Districts | |
|---|---|
CO | Conservancy |
A-1 | Farmland Preservation |
A-2 | General Agricultural |
R-1 | Single-Family Residential |
R-2 | General Residential |
P-1 | Park/Recreational |
B-1 | Business/Commercial |
M-1 | Manufacturing/Industrial |
§ 384-24 Official Zoning Map.
A.
A certified copy of the Official Zoning Map is adopted and approved with the text of this chapter. Said map and any certified amendments or changes thereto are as much a part of this chapter as this text and shall have full force and effect on the adoption of this chapter.
B.
The boundaries of the zoning districts enumerated in § 384-23 are hereby established as shown on the Official Zoning Map of the Town of Herman, Dodge County, Wisconsin, adopted and incorporated herewith by reference. The Official Zoning Map shall be on file and available for public inspection at the office of the Town Clerk, Town of Herman. The Official Zoning Map shall be revised promptly upon the approval of any Zoning Map amendment requests.
§ 384-25 Interpretation of district boundaries.
When uncertainty arises concerning the boundaries of the zoning districts, the following rules shall apply:
A.
Where district boundaries are depicted as approximately following the center lines of streets or highways, or road right-of-way lines, or center lines of streams or drainageways, such center lines or road right-of-way lines shall be construed to be such boundaries.[1]
C.
Where district boundaries are depicted as running parallel to center lines of streets, highways or road right-of-way lines, such parallel lines shall be construed to be such boundaries at a distance from the center lines that fulfills the intent of drawing such lines.[3]
D.
Where boundaries do not follow property lines and distances are not specified, boundaries shall be reviewed and interpreted by the Herman Town Board.
§ 384-26 Uses regulated.
No building, structure or use of land shall hereafter be initiated or altered except in conformity with the regulations specified for the district in which it is located. Uses not specified in this chapter may, nonetheless, be allowed by the Town Board after application, only if such uses are substantially similar in character to specific permitted or conditional uses in the applicable district.
§ 384-27 CO Conservancy District.
The primary purpose of this district is for uses compatible with protecting, preserving and enhancing the lakes, rivers, wetlands, floodplains and other significant natural areas within the Town, such as wooded areas of environmental importance, archaeological sites of significant importance or other areas which the public has an interest in preserving. Uses and structures may be subject to shoreland-wetland and floodplain regulations prescribed by Dodge County, where applicable.
A.
Permitted uses.
(1)
Agricultural use, provided that no farm buildings are constructed.
(2)
Boathouses.
(3)
Harvesting of any wild crop such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds.
(4)
Hiking trails, bridle paths and walkways, including those built on pilings.
(5)
Hunting preserves and hunting blinds.
(6)
Nonresident buildings used solely in conjunction with the raising of waterfowl, fish or other wetland or aquatic animals.
(7)
Parks, picnic areas, golf courses and similar uses.
(8)
Piers and docks.
(9)
Sustained yield forestry.
(10)
Telephone and electrical power transmission lines.
(11)
Wildlife ponds.
B.
Conditional uses. All conditional use permits shall be granted only upon a finding by the Town Board that such use or structure will not restrict a floodway or destroy the storage capacity of a floodplain.
§ 384-28 A-1 Farmland Preservation District.
The purpose of this district is to promote areas for uses of a generally exclusive agricultural nature in order to protect farmland, allow participation in the state's farmland preservation program, and accommodate changing practices in the agricultural industry, subject to appropriate standards.
A.
Permitted uses.
(1)
Agriculture uses, including livestock facilities housing more than 500 animal units of cattle, poultry, swine, sheep, or goats or any other animal confinement facilities housing other types of animals (e.g., mink).
[Amended 11-18-2014 by Ord. No. 14-04]
(2)
Accessory uses that qualify under § 91.01(1), Wis. Stats.
(3)
Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use.
(4)
Prior legal nonconforming residential uses that were existing as of October 19, 2010, subject to the nonconforming use provisions of this chapter.
(5)
Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for those uses.
(6)
Undeveloped natural resource and open space areas.
(7)
A wind energy system that meets the requirements of accessory use under § 91.01(1), Wis. Stats., unless it qualifies as a utility use under § 91.44(1)(f), Wis. Stats. In addition, a license to operate a wind energy system pursuant to Chapter 375, Wind Energy Systems, of this Code shall be obtained. The height, setback, side yard, yard, building area, access, signage and other general location regulations of this chapter shall not apply to wind energy systems; rather, the Town Board may implement more restrictive site criteria as set forth in Chapter 375 so as to ensure the preservation and protection of the public health and safety.
B.
Conditional uses.
(2)
Agriculture-related uses.
(3)
Governmental, institutional, religious, or nonprofit community uses that qualify under § 91.46(5), Wis. Stats.
(4)
New nonfarm residences or a proposal to convert a farm residence to a nonfarm residence through a change in occupancy if all of the following apply:
(a)
The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is located will not be greater than one to 20 after the residence is constructed or converted to a nonfarm residence.
(b)
There will not be more than four dwelling units in nonfarm residences, nor, for a new residence, more than five dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence.
(c)
The location and size of the proposed nonfarm residential parcel and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential parcel will not do any of the following:
[1]
Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or nonfarm residence.
[2]
Significantly impair or limit the current or future agricultural use of other protected farmland.
(5)
Nonfarm residential clusters if all of the following apply:
(a)
The parcels on which the nonfarm residences would be located are contiguous.
(6)
Nonmetallic mineral extraction that qualifies under § 91.46(6), Wis. Stats.
(7)
Oil and gas exploration or production that is licensed by the Department of Natural Resources under Subchapter II of Ch. 295, Wis. Stats., and that meets the requirements of § 91.46(6), Wis. Stats.
(8)
Prior legal nonconforming uses other than residential uses that were existing as of October 19, 2010, subject to the nonconforming use provisions of this chapter.
(9)
Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under § 91.46(4), Wis. Stats.
C.
Area, height and yard requirements.
(1)
Minimum area and width. Except as otherwise specifically required or permitted the minimum lot area shall be 1 1/2 acres and the minimum lot width 150 feet at the building line and 150 feet at the water's edge. All lots created must conform to the regulations found at § 384-55 of this chapter.
(2)
Side yards. There shall be a fifteen-foot side yard for each principal building.
(3)
Rear yards. There shall be a twenty-five-foot minimum rear yard for each principal building.
§ 384-29 A-2 General Agricultural District.
The purpose of this district shall be to promote an area for uses of a generally agricultural nature on lands of good agricultural quality.
A.
Permitted uses.
(1)
Agriculture uses, including livestock facilities housing more than 500 animal units of cattle, poultry, swine, sheep, or goats or any other animal confinement facilities housing other types of animals (e.g., mink).
[Amended 11-18-2014 by Ord. No. 14-04]
(2)
Accessory uses that qualify under § 91.01(1), Wis. Stats.
(3)
Farm family businesses, including home occupations and professional home offices which qualify as a farm family business.
[Amended 1-13-2015 by Ord. No. 15-01]
(4)
Roadside stands for the sale of farm products produced on the premises.
(5)
Telephone and electrical power transmission lines and necessary accessory structures.
(6)
A wind energy system, provided that a license to operate the system pursuant to Chapter 375, Wind Energy Systems, of this Code has been obtained. The height, setback, side yard, yard, building area, access, signage and other general locational regulations of this chapter shall not apply to wind energy systems; rather, the Town Board may implement more restrictive site criteria as set forth in Chapter 375 so as to ensure the preservation and protection of the public health and safety.
B.
Conditional uses.
[Amended 1-13-2015 by Ord. No. 15-01]
(1)
Agricultural-related uses such as:
(a)
Airstrips or landing fields used by a farmer for personal or agricultural-related business purposes.
(c)
Livestock sale barns and slaughter or processing facilities.
(d)
Storage and sale of seed, feed, fertilizer and other products essential to agricultural operation.
(3)
New nonfarm single-family dwellings.
(4)
Bed-and-breakfast establishments.
(5)
Campgrounds.
(6)
Churches; cemeteries.
(7)
Commercial greenhouse, landscape and nursery business.
(8)
Dog kennels.
(9)
Duplexes.
(10)
Farm machinery repair.
(11)
Farms operated for the disposal or reduction of garbage, sewage or any other waste material.
(12)
Governmental and cultural uses such as town halls, fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds.
(13)
Horse boarding and riding facilities.
(14)
Public, parochial and private elementary and secondary schools.
(15)
Quarries and earth borrow pits; mineral extraction.
(16)
Self-service storage facility.
(17)
Trap and sporting clay shooting facilities; shooting ranges.
(18)
Utilities.
(19)
Veterinary clinics.
C.
Area, height and yard requirements:
(1)
Minimum area and width. Except as otherwise specifically required or permitted the minimum lot area shall be five acres and the minimum lot width 150 feet at the building line and 150 feet at the water's edge.
(2)
Side yards. There shall be a fifteen-foot side yard for each principal building.
(3)
Rear yards. There shall be a twenty-five-foot minimum rear yard for each principal building.
§ 384-30 R-1 Single-Family Residential District.
The primary purpose of this district shall be exclusive single-family residential nature.
A.
Permitted uses.
(1)
Single-family dwellings and accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, provided that no such accessory buildings may be used as dwelling units.
(2)
Telephone and electrical power distribution poles and lines and necessary accessory equipment and structures.
(3)
Home occupations when such occupations are incidental to the residential use of the premises and do not involve any exterior alteration that would effect a substantial change in the residential character of the building, provided further that no article is sold or offered for sale that is not produced by such home occupation.
(4)
Professional home offices, where such office is conducted solely by a member or members of the occupant family entirely within the residence and incidental to the residential use of the premises.
[Amended 1-13-2015 by Ord. No. 15-01]
B.
Conditional uses.
(1)
Churches; cemeteries.
(2)
Golf courses.
(3)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks and playgrounds.
(4)
Planned unit development.
(5)
Public, parochial and private elementary and secondary schools.
(6)
Utilities.
(7)
Any similar use subject to the approval of the Town Board.
§ 384-31 R-2 General Residential District.
The primary purpose of this district shall be to promote an area of mixed residential uses.
A.
Permitted uses.
(1)
Duplexes.
(2)
Single-family dwellings and accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, provided that no such accessory buildings may be used as dwelling units.
(3)
Telephone and electrical power distribution poles and lines and necessary accessory equipment and structures.
(4)
Home occupations when such occupations are incidental to the residential use of the premises and do not involve any exterior alteration that would effect a substantial change in the residential character of the building, provided further that no article is sold or offered for sale that is not produced by such home occupation.
(5)
Professional home offices, where such office is conducted solely by a member or members of the occupant family entirely within the residence and incidental to the residential use of the premises.
[Amended 1-13-2015 by Ord. No. 15-01]
B.
Conditional uses.
(1)
Bed-and-breakfast establishments.
(2)
Churches; cemeteries.
(3)
Golf courses and driving ranges.
(4)
Governmental and cultural uses such as fire and police stations, community centers, libraries, parks and playgrounds.
(5)
Group living facilities.
(6)
Multifamily dwellings.
(7)
Planned unit development.
(8)
Public, parochial and private elementary and secondary schools.
(9)
Utilities.
(10)
Any similar use subject to the approval of the Town Board.
§ 384-32 P-1 Park/Recreational District.
The purpose of this district is to allow a variety of recreational uses on a permitted basis and more recreational businesses on a conditional basis. The Park/Recreational District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses.
A.
Permitted uses.
(1)
Uses permitted in the R-2 General Residential District.
(2)
Arboretum.
(3)
Boating, boat storage, sale of boats, motors, fuel, and marine supplies and the servicing of boats and motors but not the manufacture of boats or motors.
(4)
Boat launching areas.
(5)
Fishing.
(6)
Orchards, vineyards and related retail stores.
(7)
Playgrounds.
(8)
Public and private parks.
(9)
Sale of bait for fishing and sporting goods and supplies, excluding camping trailers and tents.
(10)
Skating.
(11)
Skiing.
(12)
Sledding.
(13)
Soil and water conservation.
(14)
Sustained yield forestry.
(15)
Swimming beaches.
(16)
Vegetable stands.
(17)
Water control facilities and essential services.
(18)
Wildlife preserves.
B.
Conditional uses.
(2)
Archery ranges.
(3)
Camps and campgrounds.
(4)
Commercial greenhouse, landscape and nursery business.
(5)
Conservatories.
(6)
Hiking trails and bridle paths.
(7)
Horse and riding stables and riding academies.
(8)
Hunting.
(9)
Ice skating rinks.
(10)
Motels and resorts.
(11)
Planned unit development.
(12)
Public swimming pools, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any district boundary.
(13)
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business; single-family residences in conjunction with and accessory to another permitted use.
(14)
Restaurants.
(15)
Sporting fields.
(16)
Taverns.
(17)
Any similar use subject to the approval of the Town Board.
§ 384-33 B-1 Business/Commercial District.
The purpose of this district shall be to promote an area for retail and service-oriented establishments.
A.
Permitted uses.
(1)
Agricultural use.
(2)
Commercial greenhouse, landscape and nursery business.
(3)
Motels and resorts.
(4)
Parking lots.
(5)
Personal and business service establishments, excluding motor vehicle and farm equipment repair, with no more than 3,500 square feet of floor space.
(6)
Professional offices with no more than 3,500 square feet of floor space.
(7)
Restaurants.
(8)
Retail businesses, excluding motor vehicle and farm equipment sales, with no more than 3,500 square feet of floor space.
(9)
Sale of bait for fishing and sporting goods and supplies, camping trailers and tents.
(10)
Self-service storage facility.
(11)
Taverns.
B.
Conditional uses.
(1)
Archery ranges.
(2)
Contractor's storage yard.
(3)
Farm equipment sales and service.
(4)
Fireworks sales.
(5)
Hospitals, clinics and nursing homes.
(6)
Motor vehicle sales and service.
(7)
Planned unit development.
(8)
Residential quarters for the owner, commercial tenant, employee or caretaker located in the same building as the business.
(9)
Retail businesses, professional offices and personal and business service establishments exceeding 3,500 square feet in floor space.
(10)
Any similar use subject to the approval of the Town Board.
§ 384-34 M-1 Manufacturing/Industrial District.
The purpose of this district shall be to promote an area for manufacturing and industrial operations.
A.
Permitted uses.
(2)
Agricultural use.
(3)
Automobile repair facilities.
(4)
Boat storage; sale of boats, motors, fuel, and marine supplies; servicing of boats and motors; and the manufacture of boats or motors.
(5)
Contractor's office and/or storage yard.
(6)
Farm machinery sales, service and storage facilities.
(7)
Food storage warehouses.
(8)
Freight yards and trucking terminals.
(9)
Gas stations.
(10)
Governmental uses such as but not limited to police or fire stations, community centers or buildings used for the storage or repair of road maintenance equipment.
(11)
Manufacturing establishments engaged in the fabrication, processing, assembly or packaging of a product which is not specified as a conditional use in the Manufacturing/Industrial District.
(12)
Nurseries, greenhouses and landscaping businesses.
(13)
Parking lots.
(14)
Printing and publishing establishments.
(15)
Processing and packaging of food products.
(16)
Processing and packaging of recyclable materials.
(17)
Recycling collection point.
(18)
Retail sale of products if accessory to and in the same structure as the principal use.
(19)
Self-service storage facility.
(20)
Telephone and electrical power distribution poles and lines.
(21)
Warehousing, except the storage of chemicals, explosives, flammables and radioactive materials.
(22)
Wholesale establishments.
B.
Conditional uses and structures.
(1)
Airports, aircraft landing fields and hangers.
(2)
Dumps and waste disposal areas.
(3)
Farms operated for the disposal of sewage, rubbish or any waste material.
(4)
Feed mills, granaries and elevators.
(5)
Incinerators.
(6)
Manufacturing, processing, packaging or storage of chemicals, explosives, batteries, asphalt, cement, flammables, paint, poison, rubber, dyes, plastics and radioactive materials.
(7)
Mineral extraction; quarrying.
(8)
Planned unit development.
(9)
Salvage yards and storage of inoperable vehicles.
(10)
Sanitary landfill operations.
(11)
Sewage treatment facilities.
(12)
One single-family residence per site for the owner or proprietor, caretaker and his/her family, which is incidental to a permitted or conditional use.
(13)
Utilities.
(14)
Any similar use subject to the approval of the Town Board.
C.
Adult-oriented establishments.
(1)
Findings of fact.
(a)
The Board finds that adult-oriented establishments, as defined and otherwise regulated by the Town in Article IX of this chapter, require special zoning in order to protect and preserve the health, safety, and welfare of the Town.
(b)
Based on its review of studies conducted in Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington, and the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and Coleman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), the Board finds that there is convincing evidence that the secondary effects of adult-oriented establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing businesses and surrounding residential areas, and decreased property values.
(c)
The Board intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, and preserve the property values and character of surrounding neighborhoods and areas.
(d)
It is not the intent of the Board to suppress any speech activities protected by the First Amendment but to enact a content-neutral ordinance which addresses the secondary effects of adult-oriented establishments while providing an outlet for First Amendment protected activities.
(e)
In order to minimize and control the secondary effects of adult-oriented establishments upon the Town, it is the intent of the Board to prevent the concentration of adult-oriented establishments within a certain distance of each other and within a certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult-oriented establishments.
(f)
Based upon its review of materials linking alcohol consumption and high-risk sexual behavior and materials linking alcohol consumption and crimes such as sexual assault, the Board finds that a geographic separation of adult-oriented establishments from alcohol beverage licensed premises is warranted.
(g)
The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments, as defined and otherwise regulated by the Town, are entitled to certain protections, including the opportunity to locate in the Town. Therefore, if an adult-oriented establishment license has been granted by the Town, and if all the requirements of this § 384-34C are met, an adult-oriented establishment shall be an allowed use in the M-1 Zoning District and shall be a prohibited use in any other zoning district. No other requirements of this chapter need be satisfied, but for those required in order to obtain an adult-oriented entertainment license from the Town and the district regulations.
(2)
Adult-oriented establishments shall be located at least 500 feet from:
(a)
Any residential district line, playground lot line, or public park lot line.
(b)
Any structure used as a residence, place of religious worship, public or private school, or youth facility as defined in Article IX of this chapter.
(c)
Any other structure housing an adult-oriented establishment.
(d)
Any structure housing an establishment which holds an alcohol beverage license.
(3)
Distance requirements are to be measured in a straight line in any direction, regardless of intervening structures, from the structure housing the adult-oriented establishment to the above residential district boundary line, to the lot line of any lot used for a park or playground, or the lot line of any structure listed in Subsection C(2)(b), (c) and (d) above.
(4)
The measurements from a structure shall be taken from the farthest point a structure extends in the direction of the measurement, including overhanging roofs or similar projections.
(5)
For adult-oriented establishments located in conjunction with other buildings and clearly separate from other establishments, such as in a shopping center, measurements shall be taken from the boundaries of the space occupied by the adult-oriented establishment.
(6)
For any adult-oriented establishment located above ground level in a multistory structure and clearly separate from other establishments within the structure, the distance measurements shall be taken from the ground floor public entrance/exit nearest the adult-oriented establishment (excluding emergency exits).
(7)
A licensed adult-oriented establishment is not disqualified from holding an adult-oriented establishment license by the location subsequent to the grant or renewal of its license of any of the establishments described in Subsection C(2) above within 500 feet of the licensed premises. This provision applies only to the renewal of an existing license and does not apply when an application for a license is submitted after a license for that location has not been renewed or has been revoked.