Lake Winnebago City Zoning Code
ARTICLE IV
Zoning Districts
Section 400.320 "A" Agricultural District.
[Ord. No. 700 §1, 9-26-2007]
A.
Purpose. The purpose of the "A" Agricultural District is to accommodate the planting, cultivating, storage and sale of agricultural products and livestock and to protect single-family residential developments associated with this rural lifestyle.
B.
Uses. Uses shall be allowed in the "A" District in accordance with Section 400.380 "Use Table".
C.
Property Development Standards. Each lot in the "A" District shall be subject to the following property development standards:
Minimum lot size | 3 acres | |
Minimum lot width | 200 feet | |
Minimum front setback | 50 feet | |
Minimum side setback | 20 feet, except corner lots shall allow 30 feet | |
Minimum rear setback | 30 feet | |
Maximum building coverage | 35% of the lot | |
Maximum building height | 47 feet; residential structures shall not exceed 2 stories in height except that structures may be built on a natural slope in such a manner as to expose a 3rd story on the downhill side of the slope. The 3 story portion of a structure shall not face on any street. |
Section 400.330 "R-1" Single-Family Residential District.
[Ord. No. 700 §1, 9-26-2007]
A.
Purpose. The purpose of the "R-1" Single-Family Residential District is to accommodate and protect low density single-family residential development.
B.
Uses. Uses shall be allowed in the "R-1" District in accordance with Section 400.380 "Use Table".
C.
Property Development Standards. Each lot in the "R-1" District shall be subject to the following property development standards:
Minimum lot size | 7,500 square feet for lake front lots 12,500 square feet for non-lake front lots | |
Minimum lot width | 75 feet | |
Minimum front setback | 30 feet | |
Minimum side setback | 7½ feet, except corner lots shall allow 30 feet | |
Minimum rear setback | 30 feet | |
Maximum building coverage | 35% of the lot | |
Maximum building height | 47 feet; residential structures shall not exceed 2 stories in height except that structures may be built on a natural slope in such a manner as to expose a 3rd story on the downhill side of the slope. The 3 story portion of a structure shall not face on any street. | |
Minimum unit size (All size requirements shall be exclusive of porches, patios, garages or other appurtenances. The foundation area shall not, in any case, be less than the first (1st) or main floor living area required herein.) | ||
Single story dwelling with or without a basement | 1,700 square feet of living area | |
One and one-half story dwelling, with or without a basement | 2,050 square feet of living area, with a minimum of 1,500 square feet of living area on the main or primary floor | |
Two-story dwelling, with or without a basement | 2,400 square feet of living area, with a minimum of 1,200 square feet on the main or primary floor |
Section 400.340 "R-3" Multiple-Family Residential District.
[Ord. No. 700 §1, 9-26-2007]
A.
The "R-3" Multi-Family Residential District is intended to accommodate low-rise residential development at moderate densities, including duplexes, four-plexes, low-rise apartments and higher density single-family dwellings, in a manner which will encourage a strong residential neighborhood.
B.
Uses. Uses shall be allowed in the "R-3" District in accordance with Section 400.380 "Use Table".
C.
Property Development Standards. Each site in the "R-3" District shall be subject to the following property development standards, provided that the standards shall not be interpreted as precluding zero lot line development or individual duplex and single-family dwellings:
Minimum lot size | |||
Single-family detached | 12,500 square feet for non-lake front lots | ||
Single-family attached | 5,000 square feet per unit | ||
Multi-family | 1,500 square feet per dwelling unit, but not less than 6,000 square feet of lot area | ||
Minimum lot width | |||
Single-family detached and multi-family | 75 feet | ||
Single-family attached | 50 feet | ||
Minimum front setback | 30 feet | ||
Minimum side setback | |||
Single-family | 7½ feet, except corner lots shall allow 30 feet; single-family attached shall be exempt, except for end units | ||
Multi-family | 20 feet, except lots abutting a single-family use or zoning district shall allow 30 feet | ||
Minimum rear setback | 30 feet | ||
Maximum building coverage | 30% of the lot; single-family attached shall be exempt | ||
Maximum building height | 47 feet; Residential structures shall not exceed 2 stories in height except that structures may be built on a natural slope in such a manner as to expose a 3rd story on the downhill side of the slope. The 3 story portion of a structure shall not face on any street. | ||
Minimum unit size (All size requirements shall be exclusive of porches, patios, garages or other appurtenances. The foundation area shall not, in any case, be less than the 1st or main floor living area required herein.) | |||
Single-family detached | |||
Single story dwelling with or without a basement | 1,700 square feet of living area | ||
One and one-half story dwelling, with or without a basement | 2,050 square feet of living area with a minimum of 1,500 square feet of living area on the main or primary floor | ||
Two-story dwelling, with or without a basement | 2,400 square feet of living area with a minimum of 1,200 square feet on the main or primary floor | ||
Single-family attached | |||
One-story dwelling | 1,200 square feet of living area | ||
One and one-half story or two-story dwelling | 700 square feet of living area on the main or primary floor | ||
Multi-family | 750 square feet | ||
D.
Multi-Family Design And Performance Standards. Multi-family development shall be subject to the provisions of Article VII "General Development Standards".
Section 400.350 "B-1" Business District.
[Ord. No. 700 §1, 9-26-2007]
A.
Purpose. The "B-1" Business District is intended to accommodate general office, service and commercial activities. Development in the "B-1" District should respect the surrounding land uses and be compatible with the predominantly residential nature of the community.
B.
Uses. Uses shall be allowed in the "B-1" District in accordance with Section 400.380 "Use Table".
C.
Property Development Standards. Each site in the "B-1" District shall be subject to the following property development standards.
Minimum lot size | None | |
Minimum lot width | None | |
Minimum front setback | 40 feet | |
Minimum side setback | 5 feet, except lots abutting a residential use or zoning district shall allow 40 feet and corner lots shall allow 30 feet | |
Minimum rear setback | 20 feet | |
Maximum building coverage | 70% of the lot | |
Maximum building height | 47 feet |
D.
Design And Performance Standards. Development within the "B-1" District shall follow the provisions of Article VII "General Development Standards".
Section 400.360 "PD" Planned Development District.
[Ord. No. 700 §1, 9-26-2007]
A.
Intent. The intent of the Planned Development District is to facilitate the development of large scale projects or for the development of difficult sites due to topographic or other environmental considerations in such a manner as to allow one (1) or more of the following objectives to be obtained:
1.
Flexibility in design and to take the greatest advantage of natural land, farms, trees, historical and other features.
2.
Accumulation of large areas of usable open space for recreation, preservation of natural amenities and provision of community facilities.
3.
Creation of a variety of dwelling types in compatible arrangements that give the home occupant greater choice in selecting types of environment and living units.
4.
Clustering of one (1) residential type for better use of land and open space.
5.
Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the City.
6.
Efficient use of land which may result in reduction in development and maintenance costs of street and utility systems.
7.
Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the "PD" District.
8.
The Planned Development District shall not be used to circumvent the requirements of other zoning district. While the "PD" District is designed to allow flexibility, it is also designed to promote innovative and high quality developments.
B.
Permitted Uses/Classification. Planned developments shall be classified based upon the types of uses permitted within the development. There shall be four (4) types of planned developments:
1.
Residential. Planned developments which consist of one (1) or more dwelling types.
2.
Public/semi-public. Planned developments which consist of one (1) or more non-residential uses of a religious, public or semi-public, cultural or recreational character.
3.
Commercial and industrial. Planned developments which consist of (1) or more commercial or industrial uses.
4.
Mixed use. Planned developments which consist of (1) or more residential, public/semi-public and/or commercial and industrial uses.
C.
Zoning Property To A Planned District. A tract of land may be zoned to "PD" only upon approval of a preliminary development plan. A preliminary development plan shall be submitted and reviewed in accordance with the provisions outlined in Section 400.250 "Development Plan Applications".
D.
Building In A Planned District. Prior to the issuance of a building permit for any building in a Planned District, a final development plan shall be submitted and approved in accordance with the provisions outlined in Section 400.250 "Development Plan Applications".
E.
Development Standards. Development within a "PD" District shall be in accordance with the following standards:
1.
Comprehensive plan. The proposed preliminary development plan must substantially conform to the approved Comprehensive Plan for the City, including land use, density of development, major street location, parks and open space, stormwater management, sanitary sewer and water distribution.
2.
Property development guidelines. The property development standards (minimum lot size, width, setbacks, etc.) of the zoning district in which a proposed use would generally be located (i.e., detached single-family in the "R-1") should be utilized as guidelines for the development.
3.
Landscaping and screening. Planned developments shall provide for adequate landscaping and effective screening for off-street parking areas and for areas where non-residential use or high density residential use may be detrimental to lower density areas. Required yards shall be maintained with grass, trees and shrubbery. The conceptual landscape plan submitted in conjunction with preliminary plan approval shall depict the ability to meet the minimum landscape requirements of this Chapter.
4.
Open space.
a.
Thirty percent (30%) of the net land area must be devoted to open space. "Open space" means land area of the site not covered by buildings, parking or maneuvering areas, but includes canopied recreational and pedestrian areas and private yards, if any.
b.
Planned developments involving residential uses shall provide common areas reserved for recreational or scenic purposes. Ownership and control of common areas and open space shall be by the homeowners' association, condominium association or similar organization with authority to collect funds from its members for improvement and maintenance of the common areas. A copy of any covenants outlining the policies associated with the common areas or open space shall be provided to the City.
5.
Design. The design of the development must respect and enhance the physical and natural qualities of the site and retain the positive qualities of the existing environment. It should utilize existing topographic features and improvements, where feasible and shall be located to complement and conform to the site topography, rather than change the site to accommodate a preconceived site design.
6.
Utilitarian areas. Areas which shall be visually de-emphasized in design of the site are utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures. These areas should be located away from high exposure areas of the building and site, i.e. along street frontages or other highly visible portions of the site. When such utilitarian areas are visible from adjacent property or public rights-of-way, screening shall be provided.
7.
Maximum net density. The net density within a "PD" District shall be computed by dividing the total number of proposed dwelling units within the development by the gross development acreage, less dedicated public right-of-way.
8.
Minimum size. A "PD" District shall contain a minimum of ten (10) contiguous acres of land, except that the minimum size limitation may be waived for sites which are difficult to develop due to extreme topographic conditions, excessive floodplain coverage or other environmental conditions, to provide for the preservation of said natural features.
9.
Fire access. All developments shall be designed as required by the fire codes to facilitate easy entry and maneuvering of emergency vehicles onto and throughout the site. All fire protection systems must be in place and in compliance with all adopted fire codes.
10.
Minimum floor area. The minimum floor area, finished for living purposes, shall be determined by the type of dwelling type proposed. The minimum floor area for each type of residential unit within the "PD" District shall be as followed, calculations are exclusive of porches, patios, garages or other appurtenances.
Dwelling Type | Minimum Floor Area | |
|---|---|---|
Detached single-family | 1,500 square feet | |
Zero lot line unit | 1,200 square feet | |
2 units attached | 1,100 square feet | |
3 units attached | 1,000 square feet | |
4 units attached | 1,000 square feet average of all units/850 square feet minimum | |
More than 4 units attached | 1,000 square feet average of all units/750 square feet minimum |
F.
Failure To Begin Development. If substantial construction or development does not begin in the planned development within a twelve (12) month period from the date of approval of the final development plan or in subsequent phases of the development within twelve (12) months of the approved phasing schedules, the approved development plan shall become null and void. The twelve (12) month time limit may be extended by request of the applicant and approval from the Board of Aldermen.
G.
Change Of Ownership. Should property in a Planned Development District change ownership after approval of the final development plan, the new owner shall be responsible for compliance with all restrictions or conditions which are applicable to the approved development plan and will be required either to complete the plan as approved or make formal application for a new development plan in accordance with the provisions of Section 400.250 "Development Plan Applications".
Section 400.370 Use Regulations.
[Ord. No. 700 §1, 9-26-2007]
A.
Permitted (By Right). Uses identified in a zoning district column of the Use Table with a "P" are "permitted by right" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "conditions" column and all other requirements of this Chapter.
B.
Special Uses. Uses identified in a zoning district column of the Use Table with an "S" are "special uses" and shall be permitted in such zoning district if reviewed and approved in accordance with the procedures of Section 400.230 "Special Use Permit Applications". Special uses shall be subject to any additional regulations as may be indicated in the "conditions" column and all other requirements of this Chapter.
C.
Not Permitted. Uses identified in a zoning district column of the Use Table with a shaded box are "not permitted" and are not allowed in such zoning district unless otherwise expressly permitted by other regulations of this Chapter.
D.
Conditions. A letter in the "conditions" column of the Use Table refers to additional regulations which are applicable to a particular use in one (1) or more of the districts that such use is allowed. The specific regulations of each "condition" appear in Article V "Additional Regulations (Conditions)".
E.
Uses Not Listed. Uses not listed in the Use Table may be allowed after review by the Planning and Zoning Commission and approval from the Board of Aldermen. Conditions may be required in order for the use to be permitted.
Section 400.380 Use Table. [1]
[1]
Editor's Note — The Table of Residential Uses in Agricultural, Residential and Planned Districts, Table of Non-residential Uses in Agricultural, Business and Planned Districts, and Table of Uses Allowed in All Districts are included as an attachment to this chapter.