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Maple Bluff Village
City Zoning Code

ARTICLE 2

Zoning Map and Districts

§ 225-2-1 Article purpose.

Lands within the jurisdiction of this chapter, aside from public and rail rights-of-way and Lake Mendota, are divided into zoning districts of such number and location as necessary to achieve compatibility of land uses and the purposes of this chapter. This article establishes the Zoning Map and describes the zoning districts, their purposes, permitted and conditional land uses, dimensional standards, and other applicable district-specific requirements.

§ 225-2-2 Zoning Map.

A. 
The Zoning Map on file with and maintained by the Zoning Administrator, together with all explanatory materials thereon, is hereby made part of this chapter. Such explanatory materials include the zoning district designation and the minimum principal building front, street side (but not interior side), and rear setback lines where indicated on said Zoning Map. The Zoning Map may in fact be more than one map file.
B. 
Where any uncertainty exists as to the exact location of a zoning district boundary line, a minimum setback line, or other information shown on the Zoning Map, the location of such line or other information shall be determined by the Zoning Administrator.
C. 
Public and railroad rights-of-way do not carry a zoning district designation. In the event of a public right-of-way vacation (or discontinuance) as may be approved by the Village Board, whereby such vacated right-of-way is attached to abutting real property, the Zoning Administrator shall initiate the process under § 225-8-2 to zone such lands in a manner consistent with the zoning district designation of the adjoining property.

§ 225-2-3 Listing and purpose of zoning districts.

A. 
The "R-A" Residence zoning district is established to protect, promote, and maintain neighborhoods of single-family detached residences, with limited other land uses compatible with a single-family residential setting. The R-A District provides for the lowest residential densities in the Village, emphasizing large lots with abundant open space designed to generally maintain the current development pattern. The R-A District was typically referred to as the "'A' Residence District" under the predecessor Chapter 225.
B. 
The "R-B" Residence zoning district is established to protect, promote, and maintain neighborhoods of single-family detached residences, with limited other land uses compatible with a single-family residential setting. The R-B District provides for moderate single-family residential densities designed to generally maintain the current development pattern. The R-B District was typically referred to as the "'B' Residence District" under the predecessor Chapter 225.
C. 
The "CM" Commercial and Mixed Use District is established to accommodate office, retail, commercial service, mixed commercial/residential, and multiple-family residential uses, with scale, design, impacts, and location compatible with nearby residential neighborhoods and intended to create walkable, vibrant spaces. The CM District was typically referred to as the "'A' Business District" under the predecessor Chapter 225.
D. 
The "CIR" Conservancy, Institutional, and Recreational District is established to accommodate recreational, public, semi-public, educational, religious, and other "gathering" type uses in a manner that is compatible with nearby residential neighborhoods. The CIR District was typically referred to as the "Land Conservancy District" under the predecessor Chapter 225.
E. 
PUD Planned Unit Development District.
(1) 
The "PUD" Planned Unit Development District is established to promote exceptional urban design while allowing for greater freedom, imagination, and flexibility in the development of land than one of the standard zoning districts listed above. Developments within the PUD District shall be characterized by coordinated, professional, unified, and creative site and building design; compatible uses within the project and with relation to surrounding lands; coordination of architectural styles, forms, and relationships; community-enhancing spaces and features; safe, efficient, and convenient, pedestrian and vehicular access; and environmental sustainability and energy efficiency.
(2) 
The PUD District may be applied only to lots with frontage on North Sherman or Sherman Avenues, zoned CM prior to rezoning to PUD, or both.
(3) 
The following modifications to normal requirements of this chapter may be proposed by an applicant and approved by the Village within each planned unit development:
(a) 
Any land use or combination of uses enumerated in Figure 225.2.1 may be permitted.
(b) 
Flexibility in any dimensional standard in Figure 225.2.2.
(c) 
Flexibility in site and building design under Article 4 and signage under Article 5.
(d) 
Flexibility in land division requirements under Article 6.
(4) 
All modifications authorized under Subsection E(3) shall be limited to those specified in the Village-approved specific implementation plan (SIP) for each PUD and enforced as part of this chapter. To the extent that such modifications are not specified in a Village-approved SIP, the normal requirements associated with the affected categorical areas or most similar standard zoning district(s) shall prevail and be enforced within the PUD.

§ 225-2-4 Allowable land uses by zoning district.

A. 
Figure 225.2.1 lists permitted, conditional, and temporary uses within each zoning district described in § 225-2-3. Article 3 includes a description of each listed land use and performance standards for many uses.
B. 
If any land use is not listed as a permitted, conditional, or temporary land use in a zoning district in Figure 225.2.1, such land use shall be prohibited in such district except as may be allowed under Subsection C. If such unlisted land use was lawfully established in the zoning district despite its prohibited status, such land use is a nonconforming use pursuant to § 225-7-2.
C. 
Where a proposed or existing land use is not encompassed by a use listed in Figure 225.2.1 and described in Article 3, the Plan Commission is authorized to determine that such land use is similar enough to one of the land uses listed in Figure 225.2.1 to have the same permitted, conditional, or prohibited status in a zoning district. All such determinations shall be made by motion, kept on file by the Zoning Administrator, and based on an evaluation of how such land use compares to a land use listed in Figure 225.2.1 using the following factors:
(1) 
The relative characteristics of the unlisted land use, including materials, equipment, processes, and employment density for nonresidential uses and population density and scale for residential uses.
(2) 
The relative amount of site area or building floor area devoted to the unlisted land use, and the relative size, scale, and density of the use.
(3) 
For nonresidential uses, the relative type and amounts of activity, as measured by traffic, loading, sales, customer type, products or services produced or sold, hours of operation, seasonality of use, and other reasonably objective factors.
(4) 
The relative performance of the land use against different standards in this chapter, such as noise, lighting, signage, and other factors which tend to have impacts beyond property lines.
Figure 225.2.1: Allowable Uses in Zoning Districts
P = Permitted Use
C = Conditional Use1
T = Temporary Use4
Empty = Prohibited in District
Land Use Category (numbered)
Land Use Type (lettered)
Zoning District3
R-A Residence
R-B Residence
CM Commercial and Mixed Use2
CIR Conservancy, Institutional, & Recreational2
1.
Residential Land Uses (see § 225-3-2 for descriptions and standards for each land use)
A.
Single-family residence
P
P
P
B.
Two-family or townhouse residence
P
C.
Multiple-family residence
C
D.
Executive residence
P
2.
Institutional and Recreational Land Uses (see § 225-3-3 for descriptions and standards for each use)
A.
Institutional and educational
C
C
B.
Public recreation
P
P
C.
Country club
P/C
D.
Marina
P
E.
Public service or utility
C
C
P
P
3.
Commercial Land Uses (see § 225-3-4 for descriptions and standards for each land use)
A.
Office
P
B.
Sales, service, or rental
P/C
C.
Restaurant or cafe
P
D.
Entertainment or lodging
C
E.
Telecommunications facility
C
C
C
C
4.
Accessory and Temporary Uses and Structures (see § 225-3-5 for descriptions and standards)
A.
Detached accessory structure
P
P
P
P
B.
Home occupation
P/C
P/C
P/C
C.
Small exterior communication or energy system
P
P
P
P
D.
Outdoor alcohol area
C/T
C/T
E.
Garage, yard, estate, and in-home sales
T
T
T
F.
Outdoor assembly or special event
T
T
T
T
G.
Temporary portable storage container or dumpster
T
T
T
T
Notes associated with Figure 225.2.1:
1
See other provisions of this chapter for other activities and situations that may require a conditional use permit. Where cell lists "P/C" or "C/T", this means that use may be a permitted or a conditional use, or a conditional or a temporary use, depending on its characteristics as described in Article 3.
2
Aside from essential services, any land use in the CM district having hours of operation extending before 6:00 a.m. or after 11:00 p.m. shall be a conditional use, regardless of how such use is listed in this figure.
3
Within the PUD Planned Unit Development district., any land use or combination of uses in this figure may be permitted, but only to the extent prescribed within a Village-approved PUD specific implementation plan.
4
Notwithstanding the limitations in this figure, the Board of Appeals has the authority to permit a temporary building in the R-A and R-B Districts which is incidental to residential construction, with any such permit to be issued for a period of not more than one year.

§ 225-2-5 Dimensional standards by zoning district.

A. 
Figure 225.2.2 lists dimensional standards within each zoning district, except as otherwise allowed, excepted, or limited elsewhere in this section. Figures 225.2.3 to 225.2.8 illustrate the dimensional standards in Figure 225.2.2. Nonconforming lots and structures legally created before establishment of these requirements are addressed in Article 7.
B. 
Permitted encroachments into principal building setbacks. The following building attachments and components are permitted to encroach into the minimum principal building setbacks specified in Figure 225.2.2:
(1) 
Chimneys, flues, sills, pilasters, lintels, attached ornamental features, cornices, belt courses, ornamental features, eaves, buttresses, gutters, awnings, canopies, bay windows, and fire escapes, provided they do not extend more than three feet into any minimum principal building setback.
(2) 
Attached terraces, steps, porches, decks, stoops, balconies, or similar appurtenances (not including fire escapes), provided that they meet all of the following:
(a) 
Are completely uncovered by a roof or overhang.
(b) 
Do not extend above the floor level of the adjacent building entrance.
(c) 
Do not extend greater than five feet into the minimum front yard principal building setback and three feet into any other principal building setback, except that ramps required for handicapped accessibility may be as close as two feet from any parcel line where no higher than four feet from the established grade.
(3) 
Attached structures designed to prevent surface water from entering subsurface window wells, provided that such structure does not extend greater than 1 1/2 feet above the ground surface.
C. 
Permitted encroachments into accessory structure, fence and wall, and hard surface setbacks. The following structures and site features are permitted to encroach into the associated minimum setbacks in Figure 225.2.2:
(1) 
Lawn ornaments or accessories (not including play equipment), nameplate and identification signs, retaining walls less than or equal to one foot above finished upland grade, and yard and ornamental lights, provided they comply with applicable illumination requirements of § 225-4-7.
(2) 
A fence or wall connected to a neighboring fence or wall across parcel lines, provided that all owners enter into a written agreement that addresses maintenance, access, and liability responsibilities, with such agreement submitted to the Building Inspector before or with the application for building permit and recorded with the Register of Deeds prior to issuance of a building permit.
(3) 
From any lot line that is also the ordinary high water mark line of Lake Mendota, the construction, maintenance, repair, reconstruction, replacement, restoration, or structural alteration of all or any part of any of the following:
(a) 
One of the following structures, following Building Board approval under § 225-8-5 and Article 4, upon its finding that the proposed structure or alteration will not unreasonably impair the view of Lake Mendota from any neighboring principal building:
[1] 
A boathouse, all of which must be above the ordinary high water mark.
[2] 
An open-sided structure that is not a boathouse, all of which structure must be located at least 35 feet from the ordinary high water mark, and be not greater than 200 square feet in area.
(b) 
A walkway, stairway, pier, and/or rail system providing pedestrian access to the shoreline, not greater than five feet in width.
(c) 
A fence where located along a bluff as defined in § 225-9-3, or designed to provide security for public property.
(d) 
A navigational aid, park or interpretive sign, or boat launching facility located on public property.
(e) 
A utility transmission line, utility distribution line, pole, tower, pumping station, or well pumphouse cover.
(4) 
Resurfacing of an existing hard surfaced driveway; driveway entrances to streets; and hard surfaces for walkways, driveways, and parking lots where shared between parcels in accordance with § 225-4-6.
(5) 
Any accessory structure erected for security by a public agency or on public property, and its associated fencing and mechanical equipment, which may encroach into the minimum front and street side setbacks in Figure 225.2.2, following Building Board approval under § 225-8-5 and Article 4.
(6) 
A retaining wall with a height of six feet or fewer.
(7) 
A gate, or posts or other markers fewer than 10 feet in length, located at a private driveway entrance to a public street or at property corners and entirely outside of the public right-of-way.
(8) 
A fence or wall with a height of three feet or fewer intended to prevent catastrophic falls or to buffer vehicular headlights from interfering with enjoyment of the property on which it is placed or of adjacent properties.
(9) 
Any fence and gate that serves a residential parcel of greater than two acres and encroaches into minimum front and street side setbacks in Figure 225.2.2, provided that such fence shall not exceed 60% opacity and be installed only following Building Board approval under § 225-8-5 and Article 4.
(10) 
A small wind energy system, which shall instead meet setback requirements in PSC 128.13(1), Wis. Admin. Code.
D. 
Structure height exceptions. The following structures are permitted to exceed the associated maximum height requirements in Figure 225.2.2:
(1) 
Chimneys, mechanical units and their required screening, and small exterior energy or communication systems mounted to or part of a building, which may extend no greater than five feet above the maximum building height.
(2) 
Fences, gates, and netting (but not walls) where required for security and erected by a public agency or on public property, by conditional use permit if not erected by a public agency.
(3) 
Fences, walls, and gates along and within 10 feet of the following parcel lines, except within front yards, may be up to six feet in height:
(a) 
Where land abutting the parcel line is in the CM or PUD zoning district.
(b) 
Where the parcel line abuts railroad right-of-way, Sherman Avenue, North Sherman Avenue, or golf course or driving range portions of the Country Club.
(4) 
By conditional use permit, any structure constructed by a public agency on public property, such as water towers, telecommunication facilities, power and communication lines and poles, small exterior communication or energy systems, fire towers, public monuments, flag poles, and security structures.
E. 
Other dimensional standard provisions and allowances.
(1) 
No top of swimming pool, its cover, or an associated building, deck, or surfaced terrace shall be greater than two feet above the height of the adjacent finished grade where located within any required minimum principal building setback area.
(2) 
Except where set back at least 80 feet from a public street, the following accessory structures shall be located only within the rear yard of the associated lot: boat houses; dog houses/shelters; dog or cat runs; sport courts and associated structures and equipment; swimming pools, changing rooms, and associated structures and equipment.
(3) 
Chapter 90 of the Code may contain minimum building separation and other requirements that affect building placement.
(4) 
§ 225-3-3C includes unique setback provisions for the Maple Bluff Country Club property.
(5) 
Within the CIR District, any structure existing as of October 10, 2023, that would otherwise violate a minimum setback in Figure 225.2.2 shall be deemed a legal nonconforming structure pursuant to § 225-7-2 if the structure were built pursuant to a full and complete approval of the Zoning Administrator or other authorized Village official(s), unless it is shown that the approval was made on the basis of false or misleading information.
(6) 
§ 225-3-5C(2)(c) includes unique setback provisions for small exterior communication or energy systems.
Figure 225.2.2: Zoning District Dimensional Standards
Dimensional Standard
R-A Residence
R-B Residence
CM Commercial and Residential Mix
CIR Conservancy, Institutional, and Recreational
Minimum Lot/Parcel Area
11,000 sq. ft.
6,500 sq. ft.
Greater of 6,500 sq. ft., or 1,250 for each dwelling unit
None
Minimum Lot/Parcel Width
100 feet
75 feet
None
None
Maximum Floor Area Percentage
By right
Parcels greater than 1 acre: 15%
Parcels between 22,001 sq. ft. and 1 acre: 20%
Parcels between 10,000 and 22,000 sq. ft.: 25%
Parcels less than 10,000 sq. ft.: 30%
100%
30%
By special exception per § 225-8-5
Parcels greater than 1 acre: 20%
Parcels between 22,001 sq. ft. and 1 acre: 25%
Parcels between 10,000 and 22,000 sq. ft.: 35%
Parcels less than 10,000 sq. ft.: 40%
125%
40%
Maximum Impervious Surface
40%
90%
40%
Maximum Structure Height
For principal buildings
35 feet
45 feet
40 feet
For fences and walls
5 feet along and within 10 feet of the rear lot line; 4 feet in all other permitted locations (see below)
For other accessory structures including pole-mounted lighting
15 ft, or the principal building height, whichever is lower
25 feet
25 feet
Min. Principal Building Setbacks
From front parcel line
As represented on Zoning Map
None, except 5 feet for buildings with dwelling units
Per Zoning Map
From street side parcel line
Per Zoning Map
Per Zoning Map
Same as front
Per Zoning Map
From interior side parcel line
7 ft for any one side, plus. . .
Where parcel width <75 ft: total of 2 sides = 22.5' - 0.5' per each 1 foot of width less than 75 feet
Where parcel width >75 ft: Total of 2 sides = 22.5' + 0.25' per each 1 foot of width greater than 75 feet
6 feet for any one side 14 feet total between 2 interior side yards
5 feet, except 12 feet where abutting a residential zoning district (20 feet for 3rd story or greater)
10 feet
From Lake Mendota
As represented on Zoning Map
From rear parcel line (where not abutting lake)
20% of lot depth, but never beyond 25 to 50 foot range, except where otherwise represented on Zoning Map
20% of lot depth, but never beyond 25 to 40 ft range, except where otherwise represented on Zoning Map
Same as interior side yard
25 feet
Min. Accessory Structure Setbacks (not including fences and walls)
From front and street side line
Same as minimum setback for principal buildings
From interior side line
5 feet
From Lake Mendota
Same as minimum setback for principal buildings
From rear line (where not abutting lake)
5 feet
Detached Garages
Not greater than 1 detached garage per parcel, with no detached garage greater that 750 sq. ft.
Min. Fence or Wall Setbacks
From front lot line
Not closer than the actual setback of the principal building on the parcel
From Lake Mendota
Same as minimum setback for principal buildings
From other rear and side lines
6 in., except same as min. setback for principal buildings where fence opacity is greater than 60%
Min. Hard Surfaced Area Setback
2 feet, except same as minimum setback for principal buildings where abutting Lake Mendota
NOTES:
1.
See § 225-2-5 for unique or additional requirements, allowances, exceptions, and encroachments associated with the dimensional standards in this figure.
2.
See Figures 225.2.3 to 225.2.8 for illustrations of the dimensional standards in the above table. Such figures are not intended to show separate or additional standards from those included in the above table.
3.
"Zoning Map" is a separate map file(s) maintained by the Zoning Administrator.
Figure 225.2.3: Illustration of Minimum Principal Building Setback Areas (by Yard) and Building Envelopes for Different Lot Scenarios
Figure 225.2.4: Illustration of Yards and Setbacks on Typical Lot
Figure 225.2.5: Illustration of Minimum Dwelling Setbacks—R-A Residence District
Figure 225.2.6: Illustration of Minimum Dwelling Setbacks—R-B Residence District
Figure 225.2.7: Illustration of Minimum Setbacks for Fences, Other Accessory Structures, and Other Improvements (Interior Lot)
Figure 225.2.8: Illustration of Minimum Setbacks for Fences, Other Accessory Structures, and Other Improvements (Corner Lot)