Howards Grove Village
City Zoning Code
City Zoning Code
ARTICLE III
Zoning Districts
§ 415-15 Zoning districts; Zoning Map.
A.
Districts. Eight zoning districts are provided in the Village of Howards Grove as follows:
(1)
R1 and R2 Single- and Two-Family Residence Districts.
(2)
M Multiple Residence District.
(3)
B Business and Commercial District.
(4)
I Industrial District.
(5)
PR Park and Recreation District.
(6)
F Floodplain Overlay District (See the supplementary floodplain zoning ordinance which is entitled "Floodplain Zoning," found in Chapter 395 of this Code. Said supplemental Floodplain Ordinance is hereby incorporated by reference as part of this chapter as if fully included herein.)
(7)
C Conservancy District.
(8)
CO Conservancy Overlay District.
B.
Zoning Maps. The boundaries of the districts are as indicated on the Zoning Map of the Village, a copy of which is on file in the office of the Village Clerk-Treasurer. The Zoning Map, with all notations, references and other matters shown thereon, is as much a part of this chapter as if specifically set forth herein. No buildings shall be erected or altered nor shall any building or premises be used for any purpose other than those which are permitted in the district in which the building or premises is located, except as specifically permitted in Article VI, which relates to nonconforming uses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Changes. Changes thereafter to the general zoning districts shall be entered and attested.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Boundaries. If uncertainties exist with respect to the intended boundaries of the zoning districts shown on the Zoning Map, the following rules shall apply:
(1)
The district boundaries are the center lines of streets unless otherwise directed, and where the designation of a boundary line on the Zoning Map coincides with the location of a street, the center line of such street shall be construed to be the boundary of such district.
(2)
Where the district boundaries coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
(3)
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks with lots, the district boundaries shall be construed to be lot lines, and where the designations on the Zoning Map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.
(4)
In unsubdivided property, the district boundary lines shown on the Zoning Map are intended to be section lines, quarter section lines and quarter quarter section lines, and where the district boundaries cross the quarter quarter sections, north-south or east-west, the district boundary line shall be the line through the center of the quarter section.
(5)
In unplatted areas less than 10 acres in area, the district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the Zoning Map.
E.
Annexations. Any property annexed to the Village shall be placed in the R1 Single-Family Residence District unless the annexation ordinance temporarily places the land in another district.
F.
Vacation of streets. 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.
§ 415-16 R1 and R2 Single- and Two-Family Residence Districts.
A.
Purpose and intent. To establish and preserve quiet, low-density neighborhoods providing a suitable environment for family life, free from uses except those which are both compatible and convenient to the residents of such districts.
B.
Permitted uses. The following uses and their customary accessory uses are permitted in R1 and R2 unless otherwise designated:
(1)
Detached single-family dwellings in R1 or R2 zoning.
(2)
Home occupations and professional home offices.
(3)
Public parks and playgrounds.
(4)
Essential services. (See definitions § 415-97.)
(5)
Two-family dwellings (duplex) only in R2 zoning.
(6)
Attached or semidetached single-family dwellings only in R2 zoning.
(7)
State-licensed community living arrangements servicing eight or fewer residents, unless a conditional use permit is required as provided by § 62.23(7)(i)9, Wis. Stats.
C.
Conditional uses. The following uses may be permitted after review and approval by the Plan Commission and Village Board under the procedures of Article V of this chapter:
(1)
R1 conditional uses.
(a)
Planned residential developments.
(b)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(c)
Schools or educational facilities.
(d)
Churches or religious institutions.
(e)
Unlighted private parks.
(f)
Bed-and-breakfast establishments as defined in Article V (§ 415-44).
(g)
State-licensed community living arrangements servicing nine or more residents.
(2)
R2 conditional uses.
(a)
Planned residential developments.
(b)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(c)
Schools or educational facilities.
(d)
Churches or religious institutions.
(e)
Unlighted private parks.
(f)
Bed-and-breakfast establishments.
(g)
State-licensed community living arrangements servicing nine or more residents.
D.
Area requirements.
(1)
Lot width: minimum 90 feet abutting a dedicated street.
(a)
Single-family: minimum 90 feet width abutting a dedicated street.
(b)
Two-family: minimum 120 feet width at the building setback line abutting a dedicated street for lots created after August 21, 2007.
(2)
Lot area: minimum 10,000 square feet.
(3)
Setbacks.
(a)
Yard front: minimum 30 feet.
(b)
Rear: minimum 30 feet.
(c)
Side:
[1]
Minimum of 10 feet for two-family lots created before August 21, 2007, and all single-family zoning.
[2]
Minimum of 20 feet for two-family lots created after August 21, 2007.
(4)
Maximum building height.
(a)
Principal buildings: 35 feet.
(b)
Accessory structures: 15 feet.
E.
Building height and area for single-family principal building.
(1)
The total minimum area square footage of a one-story single-family principal building shall be 1,300 square feet.
(2)
The minimum first floor area square footage of a two-story principal building shall be 750 square feet.
(3)
A tri-level dwelling shall have a minimum area square footage of 425 square feet per habitable level.
(4)
The basement area shall be a minimum of 425 square feet and a minimum height of seven feet.
(5)
The minimum width between the longest exterior sides of the structure shall be 24 feet.
(6)
Porches, garages, breezeways, storage appurtenances, carports, and basements shall not be included in calculating the minimum area square footage. See definitions § 415-97.
F.
Building height and area for two-family principal building.
(1)
The total minimum area square footage of a one-story two-family principal building shall be 1,000 square feet per unit.
(2)
The minimum first floor area square footage of a two-story two-family principal building shall be 750 square feet per unit.
(3)
The basement area shall be a minimum of 425 square feet per unit and a minimum height of seven feet.
(4)
The minimum width between the longest exterior sides of the structure shall be 24 feet per unit.
(5)
Porches, garages, breezeways, storage appurtenances, carports, and basements shall not be included in calculating the minimum area square footage. See definitions § 415-97.
§ 415-17 M Multiple Residence District.
A.
Purpose and intent. To establish and preserve medium-density residential developments in quiet multifamily neighborhoods, providing a suitable environment for family life, free from other uses except those which are both compatible with and convenient to the residents of such district.
B.
Permitted uses.
(1)
Three- or four-unit multiple-family dwellings provided a site plan is approved by the Village Board under the procedures of this chapter.
(2)
Two-family dwellings (duplex).
(3)
Home occupations and professional home offices.
(4)
Public parks and playgrounds.
(5)
Essential services. (See definitions § 415-97.)
(6)
State-licensed community living arrangements servicing eight or fewer residents.
(7)
State-licensed community living arrangements servicing nine to 15 residents.
C.
Conditional uses. The following uses may be permitted after review and approval of the Plan Commission and Village Board under Article V of this chapter:
(1)
Five-unit or more multiple-family dwellings with approved site plan.
(2)
Single-family dwellings.
(3)
Planned residential developments.
(4)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(5)
Schools or educational facilities.
(6)
Churches or religious institutions.
(7)
Unlighted private parks, commercial swimming pools and similar commercial recreational facilities provided they are on lots fronting and have principal driveway access to an arterial street and are located, planned and designed to avoid undue noise or other nuisances and dangers.
(8)
Private clubs and fraternal organizations.
(9)
Utility office buildings and related structures.
(10)
Rest homes, nursing homes, homes for the aged and child or adult day-care centers.
(11)
Bed-and-breakfast establishments.
(12)
State-licensed community living arrangements servicing more than 15 residents.
D.
Area requirements.
(1)
Lot width: minimum 100 feet abutting a dedicated street. Area: minimum 12,000 square feet.
(2)
Lot area per unit: minimum 12,000 square feet.
(a)
Efficiency: minimum 2,000 square feet.
(b)
One-bedroom: minimum 2,500 square feet.
(c)
Two- and three-bedroom: minimum 3,000 square feet.
(3)
Maximum building area: 40% total lot area.
(4)
Setbacks.
(a)
Yard front: minimum 30 feet.
(b)
Rear: minimum 50 feet.
(c)
Side: minimum 20 feet.
(5)
Maximum building height.
(a)
Principal buildings: 35 feet.
(b)
Accessory structures: 15 feet.
§ 415-18 B Business and Commercial District.
A.
Purpose and intent. To provide an opportunity for the consumer population to purchase a wide variety of goods and services which are either centrally located or close in proximity to major thoroughfares which serve the surrounding residential neighborhood.
B.
Permitted uses. The following uses and their customary accessory uses are permitted, provided that an initial site plan is approved by the Plan Commission and Village Board under the procedures of Article V of this chapter. Subsequent operators of the same use type are not required to submit a site plan, unless proposing changes to the physical characteristics of the property.
(1)
Business and professional offices.
(2)
Any lawful retail store, unless listed below as conditional.
(3)
Restaurants or food service businesses.
(4)
Banks and financial institutions.
(5)
Radio and television broadcasting stations excluding towers and relay equipment.
(6)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(7)
Municipal sewage treatment plants.
(8)
Public park and recreational facilities.
(9)
Tents or tent-like structures used exclusively for the sale of farm produce, flowers or plants, or if erected for less than seven days within any thirty-day period.
(10)
Essential services. (See definitions § 415-97.)
C.
Conditional uses. The following uses may be permitted after review and approval by the Plan Commission and Village Board under Article V of this chapter:
(1)
Private parks and recreational facilities.
(2)
Private clubs and fraternal organizations.
(3)
Commercial swimming pools and similar commercial recreational facilities, provided they are on lots having principal driveway access to arterial streets and are located, planned and designed to avoid undue noise or other nuisances and dangers.
(4)
Child or adult day-care centers.
(5)
Rest homes or nursing homes.
(6)
State-licensed community living arrangements servicing nine or more residents.
(7)
Wholesale establishments confined to indoor storage.
(8)
Outdoor storage areas for any permitted or conditional uses.
(9)
Repair and service businesses, including auto repair and service stations.
(10)
Hotels, motels and resorts.
(11)
Churches or religious institutions.
(12)
Utility office buildings and related structures.
(13)
Living quarters for watch persons or caretakers of any permitted or conditional use facilities.
(14)
Tavern and cocktail lounges.
(15)
Theaters, but not including outdoor drive-in theaters.
(16)
Bowling alleys.
(17)
Greenhouses.
(18)
Animal hospitals, kennels, shelters and pet shops.
(19)
Clinics.
(20)
Tents or tent-like structures, unless:
(a)
Used exclusively for the sale of farm produce, flowers or plants; or
(b)
If erected for less than seven days within any thirty-day period.
D.
Area requirements.
(1)
Lot width: minimum 90 feet.
(2)
Minimum lot area: sufficient to meet setback requirements.
(3)
Setbacks.
(a)
Yard front: minimum 25 feet.
(b)
Rear: minimum 15 feet.
(c)
Side: minimum 10 feet.
(4)
Maximum building height: 45 feet.
(5)
Plans and specifications to be submitted to the Plan Commission and Village Board. Zoning permits shall not be issued without review and approval of the Plan Commission and Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.
§ 415-19 I Industrial District.
A.
Purpose and intent. To establish and accommodate existing industrial uses and to preserve and protect land designated through land use planning for industrial development and use from the intrusion of certain incompatible uses which may impede the development and use of lands for industrial purposes.
B.
Permitted uses. The following uses and their customary accessory uses are permitted, provided a site plan is approved by the Plan Commission and Village Board under the procedures of Article V of this chapter:
(1)
Wholesale establishments confined to indoor storage.
(2)
Repair and service businesses.
(3)
Radio and television broadcasting stations excluding towers and relay equipment.
(4)
Tents or tent-like structures used exclusively for the sale of farm produce, flowers or plants, or if erected for less than seven days within any thirty-day period.
(5)
Municipal sewage treatment plants.
(6)
Essential services. (See definitions § 415-97.)
C.
Conditional uses. After review and approval of the Plan Commission and Village Board under Article V of this chapter, the subsequent uses may be permitted but not limited to the following:[1]
(1)
Any lawful retail store.
(2)
Banks and financial institutions.
(3)
Public park and recreational facilities.
(4)
Automotive upholstery.
(5)
Automotive body repairs.
(6)
Bottling plants.
(7)
Building material sales and storage.
(8)
Business and professional offices.
(9)
Cleaning, pressing and dyeing.
(10)
Commercial bakeries.
(11)
Commercial greenhouses.
(12)
Distributors.
(13)
Food locker plants.
(14)
Freight terminals.
(15)
Printing.
(16)
Publishing.
(17)
Trade and contractor's office and/or outside storage area.
(18)
Warehousing.
(19)
Wholesaling.
(20)
Farm machinery plants.
(21)
Machine shops.
(22)
Painting.
(23)
Manufacture, fabrication, compacting, packaging and assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles and wood.
(24)
Manufacture, fabrication, processing, packing and packaging of confections, cosmetics, electrical appliances, electronic devices, food, instruments, jewelry, pharmaceuticals, tobacco and toiletries.
(25)
Storage and sale of machinery and equipment.
(26)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(27)
Living quarters for watch persons or caretakers of any permitted or conditional use facilities.
(28)
Tents or tent-like structures, unless:
(a)
Used exclusively for the sale of farm produce, flowers or plants, or
(b)
If erected for less than seven days within any thirty-day period.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Area requirements.
(1)
Lot width: minimum 100 feet.
(2)
Area: minimum 20,000 square feet.
(3)
Setbacks.
(a)
Yard front: minimum 50 feet.
(b)
Rear: minimum 25 feet.
(c)
Side: minimum 25 feet.
(4)
Maximum building height: 45 feet.
(5)
Plans and specifications to be submitted to the Plan Commission and Village Board. Zoning permits shall not be issued without review and approval of the Plan Commission and Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.
§ 415-20 PR Park and Recreation District.
A.
Purpose and intent. The PR Park and Recreation District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent use.
B.
Permitted uses. The following uses and their customary accessory uses are permitted, provided an initial site plan is approved by the Plan Commission and Village Board under the procedures of Article V of this chapter. Subsequent operators of the same use type are not required to submit a site plan, unless proposing changes to the physical characteristics of the property:
(1)
Boat access sites.
(2)
Forest reserves (wilderness areas).
(3)
Historic and monument sites.
(4)
Parks, general recreation.
(5)
Picnicking areas.
(6)
Play lots or tot lots.
(7)
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(8)
Municipal sewage treatment plants.
(9)
Essential services. (See definitions § 415-97.)
C.
Conditional uses.
(1)
Tents or tent-like structures, unless:
(a)
Used exclusively for the sale of farm produce, flowers or plants, or
(b)
If erected for less than seven days within any thirty-day period.
(2)
Golf courses.
(3)
Golf driving ranges.
(4)
Miniature golf.
(5)
Group or organized camps.
(6)
Hunting and fishing clubs.
(7)
Playgrounds.
(8)
Play fields or athletic fields.
(9)
Skating parks, including skateboarding, roller-blading/skating, or ice skating.
(10)
Cross-country skiing trails and skiing or tobogganing hills.
(11)
Tennis courts.
D.
Accessory uses. Buildings accessory to the permitted recreational use.
E.
Area requirements.
(1)
Lot area and width. Lots in the PR District shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas as required by this chapter and all required yards.
(2)
Building height. No building or parts of a building shall exceed 35 feet in height.
(3)
Setbacks and yards. No building or structure shall be erected, altered or moved closer than 50 feet to a lot line.
(4)
Plans and specifications to be submitted to the Plan Commission and Village Board. To encourage and insure that recreational development is environmentally compatible with other uses and the residential nature and character of the Village, zoning permits for permitted uses in the PR District shall not be issued without review and approval of the Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.
§ 415-21 C Conservancy District.
A.
Purpose and intent. The primary purpose of the C District is to preserve, protect, and enhance the lakes, streams, swamps, marshes, bogs, other wetlands, woodlands, and related scenic areas in the Village of Howards Grove. The proper regulation of these areas will serve to maintain and improve ground water and surface water quality; prevent flood damage; protect fish and wildlife habitat; prohibit the location of structures on soils which generally are not suitable for such use; protect natural watersheds; control erosion and sedimentation; and promote and maintain the natural beauty of the Village. In addition, the C District will seek to assure the preservation and protection of water-based recreation and open space resources, areas of significant topography, natural watersheds, groundwater and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the Village. This district recognizes that undisturbed wetlands/woodlands serve as natural purifiers for surface waters and as protective buffers at the land/water interface.
B.
Lands included. The C District shall include minimally all areas delineated as swamps, marshes, bogs, and other wetlands on the Official Shoreland-Wetland Zoning Maps as described in Chapter 403, Shoreland-Wetland Zoning, of the Code of the Village of Howards Grove, as well as those shoreland, woodland, wetland and other areas identified as being of local concern.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Permitted uses. The following uses are permitted in the C District, provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping; filling; extension of cultivated areas; mineral, soil or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography:
(1)
Dugout ponds and level ditches.
(2)
Flood overflow and movement of water.
(3)
Forestry and game management.
(4)
Fishing, wildlife preserves, and other historic/scientific areas.
(5)
Parkland and recreation areas not including the location or erection of buildings or structures.
(6)
Wild crop harvesting including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds.
D.
Conditional uses. The following uses are conditional in the C District:
(1)
Hiking trails.
(2)
Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops.
E.
Area, height, and yard requirements: none; no buildings or structures permitted except as provided under Subsection D(2) above, or by special exception.
§ 415-22 CO Conservancy Overlay District.
A.
Purpose and intent. The purpose of the CO District is identical to that of the C District. The CO District shall be applied rather than the C District in situations in which use of the C District would split a parcel into two zoning classifications, i.e., where the boundary of the C District does not follow the parcel boundary. In such cases, such part of the parcel intended to be subject to conservancy restrictions shall be subject to the CO District, and the underlying zoning classifications shall control permissible uses on the balance of the parcel.
B.
Lands included. See § 415-21 for a description of the land to be included.
C.
Permitted uses. The following uses are permitted in the CO District, provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping; filling; extension of cultivated areas; mineral, soil or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography:
(1)
Dugout ponds and level ditches.
(2)
Flood overflow and movement of water.
(3)
Forestry and game management.
(4)
Fishing, wildlife preserves, and other historic/scientific areas.
(5)
Parkland and recreation areas not including the location or erection of buildings or structures.
(6)
Wild crop harvesting including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds.
D.
Conditional uses. The following uses are conditional in the C District:
(1)
Hiking trails.
(2)
Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops.
E.
Area, height, and yard requirements: none; no buildings or structures permitted except as provided under Subsection D(2) above, or by special exception.