Mazomanie Village City Zoning Code
ARTICLE III
Zoning Districts
§ 415-14 Establishment of districts.
A.
Districts. The Village of Mazomanie is divided into the following 13 zoning districts:[1]
R-1 | Single-Family Residence District | |
R-2 | Single-Family Residence District | |
R-3 | Two-Family Residence District | |
R-4 | Multiple-Family Residence District | |
B-1 | General Commercial District | |
B-2 | Highway Commercial District | |
I-1 | Industrial District | |
I-2 | Business Park District | |
PUD | Planned Unit Development District | |
C | Conservancy District | |
A-1 | Agricultural/Holding District | |
P-1 | Public Institutional District | |
MW-1 | Municipal Well Recharge Area Overlay District |
B.
District boundaries. Boundaries of these districts are hereby established as shown on a map titled "Zoning Map, Village of Mazomanie, Wisconsin," which is adopted by reference and made part of this chapter. Such boundaries shall be construed to follow corporate limits, U.S. Public Land Survey lines, lot or property lines, center lines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the Zoning Map.
C.
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.
D.
Annexations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural/Holding District unless the annexation ordinance temporarily places the land in another district.
§ 415-15 Zoning Map.
A.
A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.
B.
Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.
§ 415-16 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
G.
Where the district boundaries are not otherwise indicated, and where the district boundaries approximately follow section lines, quarter section lines, or other logical subdivisions of sections, such section lines or other such lines shall be construed to be the district boundary line.
H.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
I.
In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
§ 415-17 R-1 Single-Family Residence District.
A.
Purpose. The R-1 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B.
Permitted uses. The following uses of land are permitted in the R-1 District:
(1)
Single-family detached dwellings.
(2)
Two private garages for each residential parcel.
[Amended 9-22-1998 by Ord. No. 1998-6]
(3)
Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds incidental to the residential use, not to exceed 120 square feet.
(b)
Off-street parking facilities.
(c)
Private garages and carports.
(d)
Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
(e)
Signs as permitted by Village ordinances.
(4)
Community living arrangements which have a capacity for eight or fewer persons.
(5)
Essential services.
(6)
Foster family home.
(7)
Water storage facilities and their accessory structures.
(8)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses within the R-1 District:
D.
Prohibited uses. No land or structure in the R-1 Single-Family Residential District shall be used for the following:
E.
Specifications. Within the R-1 District the following standards shall apply:
(1)
Maximum building height: 35 feet.
(2)
Minimum front yard setback: 30 feet. (Note: More restrictive standards may be imposed by state regulations in certain circumstances; for example, on lots fronting on certain classes of state highways.) Minimum front yard setback shall apply to both street sides of a corner lot.
(5)
Minimum average lot width (new lots): 90 feet.
(6)
Minimum lot area per family (new lots): 12,000 square feet.
(7)
Minimum average lot depth (new lots): 100 feet.
[Added 12-8-2006 by Ord. No. 2006-2]
§ 415-18 R-2 Single-Family Residence District.
A.
Purpose. This district is intended to provide for moderate to medium-density residential development with emphasis on single-family residential uses. This district is also intended to provide for alternative development types and for infilling opportunities for parcels which for various reasons have been bypassed by development. Nonresidential uses are limited to those which are compatible with the medium-density character of the district.
B.
Permitted uses. The following uses of land are permitted in the R-2 District:
(1)
Community living arrangements which have a capacity for eight or fewer persons.
(2)
Essential services.
(3)
Foster family home in either or both units of a two-family dwelling.
(4)
Single-family dwellings.
(5)
Permitted accessory uses and buildings allowed in the R-1 Single-Family Residential District.
(6)
Two private garages or carport space for each residential parcel.
[Added 12-8-2006 by Ord. No. 2006-2]
D.
Specifications. Within the R-2 District the following standards shall apply:
(1)
Maximum building height: 35 feet.
(2)
Minimum front yard setback: 25 feet. (Note: More restrictive standards may be imposed by state regulations in certain circumstances; for example, on lots fronting on certain classes of state highways.) Minimum front yard setback shall apply to both street sides of corner lot.
(5)
Minimum average lot width: 66 feet.
(6)
Minimum lot area per family: 8,700 square feet.
E.
Prohibited uses. No land or structure in the R-2 Single-Family Residence District shall be used for the following:
[Added 9-10-2013 by Ord. No. 2013-4]
§ 415-19 R-3 Two-Family Residence District. [1]
A.
Purpose. The R-3 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B.
Permitted uses. The following uses of land are permitted in the R-3 District:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Two private garages or carport space for each residential parcel.
[Amended 9-22-1998 by Ord. No. 1998-6]
(4)
Accessory buildings, not to exceed 100 square feet, and uses as permitted in the R-1 Single-Family Residential District.
(5)
Water storage facilities and their accessory structures.
(6)
Community living arrangements which have a capacity for eight or fewer persons.
(7)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses within the R-3 District:
(1)
Home occupations and professional offices.
(2)
Bed-and-breakfast establishments.
[Added 12-8-2006 by Ord. No. 2006-2]
(3)
Libraries, museums and art galleries.
(4)
Hospitals and clinics.
(5)
Colleges and vocational schools.
(6)
Telephone buildings, exchanges, lines and transformer stations, but excepting service garages and storage yards.
(7)
Microwave radio relay structures and community television antennas.
(8)
Funeral homes.
(9)
Accessory buildings in excess of 100 square feet.
D.
Specifications. Within the R-3 District the following standards shall apply:
(1)
Maximum building height: 35 feet.
(2)
Minimum front yard setback: 25 feet. (Note: More restrictive standards may be imposed by state regulations in certain circumstances; for example, on lots fronting on certain classes of state highways.) Minimum front yard setback shall apply to both street sides of a corner lot.
(5)
Minimum average lot width (new lots): 90 feet.
(6)
Minimum lot area: 12,000 square feet.
E.
Prohibited uses. No land or structure in the R-3 Two-Family Residence District shall be used for the following:
[Added 9-10-2013 by Ord. No. 2013-4]
§ 415-20 R-4 Multiple-Family Residence District.
A.
Purpose. The R-4 District is intended to provide a living area that is pleasant but not so spacious as the R-1, R-2 and R-3 Districts, in order to accommodate multiple-family residences.
B.
Permitted uses. The following uses of land are permitted in this district:
(1)
Single-family dwellings and all uses permitted in the R-1 District.
(2)
Multiple-family residential buildings.
(3)
Rooming and boarding houses for up to four guests.
(4)
Charitable institutions, rest homes, convalescent homes, nursing homes, homes for the care of children, homes for the care of the aged, homes for the care of the indigent, and similar institutions.
(5)
Accessory buildings, not to exceed 100 square feet.
(6)
Garages or parking spaces incident to the above uses, provided that garages incident to multiple-family residences must be at least 75 feet away from the front lot line and 30 feet away from the side lot lines.
[Amended 12-8-2006 by Ord. No. 2006-2]
C.
Conditional uses. The following are permitted as conditional uses within the R-4 District:
D.
Specifications. Within the R-4 District the following standards shall apply:
[Amended 12-9-1997[1]]
(1)
Maximum building height: 45 feet.
(2)
Minimum front yard setback: 20 feet. (Note: More restrictive standards may be imposed by state regulations in certain circumstances; for example, on lots fronting on certain classes of state highways.) Minimum front yard setback shall apply to both street sides of a corner lot.
(5)
Minimum average lot width: 80 feet.
(6)
Minimum lot area per family as in the following table:
Number of Bedrooms | Lot Area Per Unit (square feet) | |
|---|---|---|
1 | 2,500 | |
2 | 3,350 | |
3 | 4,200 | |
4 | 5,000 |
[1]
Editor's Note: This ordinance also repealed original § 10-1-26(e), Other requirements, which immediately followed this subsection.
E.
Prohibited uses. No land or structure in the R-4 Multiple-Family Residence District shall be used for the following:
[Added 9-10-2013 by Ord. No. 2013-4]
§ 415-21 B-1 General Commercial District.
A.
Purpose. The B-1 District is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.
B.
Permitted uses. The following uses of land are permitted in the B-1 District:
(1)
Hardware stores.
(2)
Electrical supply stores.
(3)
Paint, glass and wallpaper stores.
(4)
Department stores, variety stores, and general merchandise stores.
(5)
General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores, and miscellaneous food stores.
(6)
Dairy products stores, including ice cream stores.
(7)
Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery.
(8)
Candy, nut or confectionery stores.
(9)
Clothing and shoe stores.
(10)
Furniture, home furnishings, and floor covering stores.
(11)
Restaurants, lunchrooms and other eating places, except drive-in-type establishments.
(12)
Taverns, bars, and other drinking places.
(13)
Drugstores and pharmacies.
(14)
Liquor stores.
(15)
Antique stores and secondhand stores.
(16)
Book and stationery stores.
(17)
Sporting goods stores.
(18)
Bicycle shops, including facilities for the repair of nonmotorized bicycles only.
(19)
Jewelry stores, including clock and watch stores.
(20)
Gift, novelty and souvenir shops.
(21)
Florist shops.
(22)
Camera and photographic supply stores.
(23)
Tobacco and smokers' supplies stores.
(24)
News dealers and newsstands.
(25)
Wholesale merchandise establishments.
(26)
Banks and other financial institutions.
(27)
Offices of insurance companies, agents, brokers and service representatives.
(28)
Offices of real estate agents, brokers, managers and title companies.
(29)
Retail laundry and dry-cleaning outlets, but not including laundering and dry-cleaning plants, and not including coin-operated laundries and dry-cleaning establishments commonly called "laundromats" and "launderettes."
(30)
Photographic studios and commercial photography establishments.
(31)
Barbershops, beauty shops and hairdressers.
(32)
Shoe repair shops and shoe shine parlors.
(33)
Tailor shops, dressmaker shops, and garment repair shops, but not garment pressing establishments, hand laundries, or hat cleaning and blocking establishments.
(34)
Advertising agencies, news agencies, and employment agencies.
(35)
Duplicating, blueprinting, photocopying, addressing, mailing, mailing list, and stenographic services.
(36)
Commercial parking lots, parking garages, and parking structures.
(37)
Watch, clock and jewelry repair services.
(38)
Hotels.
(39)
Rooming and boarding houses.
(40)
Motion-picture theaters, but not including drive-in theaters.
(41)
Billiard and pool establishments.
(42)
Public transportation passenger stations, taxicab company offices, and taxicab stands, but not vehicle storage lots or garages.
(43)
Offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, and chiropractors, but not veterinarians' offices.
(44)
Law offices.
(45)
Accounting, auditing, and bookkeeping firms or services.
(46)
Engineering and architectural firms or consultants.
(47)
Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations.
(48)
The offices, meeting places, and premises of professional membership associations, civic, social, and fraternal associations, business associations, labor unions and similar labor organizations, political organizations, religious organizations, charitable organizations, or other nonprofit membership organizations.
(49)
The offices of governmental agencies and post offices.
(50)
Telephone and telegraph offices.
(51)
Second-floor residential apartments.
C.
Conditional uses. The following are permitted as conditional uses in the B-1 District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances, and provided that where operations which are necessary or incident to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers, or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Plan Commission and Village Board with regard to such matters.
(1)
The sale, service, repair, testing, demonstration or other use of piston-type engines or motors or any type of device, appliance or equipment operated by such engines or motors. However, the number of unenclosed vehicles awaiting sale or repair shall be established by the Village Board. Enclosed vehicles shall be stored within a building or enclosed by a complete vision-barrier fence a minimum of six feet in height. Prior to construction, the materials proposed to be used for the fence and the fence design shall be approved by the Village Board. Such enclosure fences shall be maintained in such a manner so as not to constitute a nuisance.
(2)
The sale, service, repair, testing, demonstration or other use of radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments, or other such devices.
(3)
Establishments engaged in the sale, service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called "motorbikes," with the provision that such activity, when carried out in an establishment which also engages in the sale, repair or other operations with non-motor-driven bicycles, shall constitute a separate and distinct use insofar as the intention of this chapter is concerned.
(4)
Establishments engaged in the sale, servicing, repairing, testing, demonstration, or other use of electrical household appliances, including washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances, but not including refrigeration or air-conditioning appliances or equipment; provided, further, specifically that areas and facilities for loading, unloading, and storage of such appliances shall be provided in a manner which affords no nuisance of obstruction or of unsightly conditions to the public.
(5)
Establishments engaged in the sale, servicing, repairing, testing, demonstration, or other use of household electrical refrigerators, freezers, air conditioners, other self-contained refrigeration units, or other similar appliances or equipment; provided, further, specifically that areas and facilities for operating, repairing, loading, unloading and storage of such appliances or equipment shall be provided in a manner which affords no nuisance of obstruction, or of the discharge of unpleasant or harmful vapors or liquids, or of unsightly conditions to the public.
(6)
Garment-pressing establishments, hand laundries, and hat cleaning and blocking shops.
(7)
Coin-operated laundries and dry-cleaning establishments commonly called "laundromats" and "launderettes."
(8)
Parking lots, parking garages, or parking structures.
(9)
Bowling alleys.
(10)
Establishments engaged in the publishing and printing of newspapers, periodicals or books.
(11)
First-floor residential apartments in a building's rear with a reasonable amount of floor area left for store space in front.
(12)
Small veterinary offices, with no outside storage and no kennel facilities.
[Added 3-24-1992 by Ord. No. 1992-1]
(13)
Commercial uses that are in keeping with the statement of purpose for the B-1 General Commercial District, and consistent with surrounding and neighboring land uses, but which are not permitted uses.
[Added 6-10-1997 by Ord. No. 1997-1]
D.
Specifications.
[Amended 4-13-2005 by Ord. No. 2005-3]
(1)
Within the B-1 District the following standards shall apply except as otherwise provided herein:
(2)
In the Downtown Historic District located within the boundaries of a B-1 District, the following standards shall apply:
(3)
In the blocks in the B-1 Commercial District which are already developed, setbacks, minimum lot widths, commercial parking and truck unloading areas for new or renovated buildings can correspond with the existing setbacks, minimum lot widths, commercial parking and truck unloading areas, provided that the Plan Commission determines such action will be in keeping with the purpose of this chapter.
§ 415-22 B-2 Highway Commercial District.
A.
Purpose. The B-2 District is intended to provide an area for those business and commercial activities which especially have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate for some other reason to be located adjacent to a major thoroughfare or highway.
B.
Permitted uses. The following uses are permitted in the B-2 District:
(1)
Gasoline service stations; provided, further, that all gasoline pumps, storage tanks, and accessory equipment must be located at least 30 feet from any existing or officially proposed street line.
(2)
Stores for the sale of tires, batteries or other automotive accessories.
(3)
Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes.
(4)
Establishments engaged in the retail sale of automobile passenger trailers, mobile homes, or campers.
(5)
Establishments engaged in daily or extended term rental or leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers or utility trailers.
(6)
Establishments engaged in the daily or extended term rental or leasing of house trailers, mobile homes or campers.
(7)
Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.
(8)
Restaurants, lunchrooms and other eating places, including drive-in-type establishments.
(9)
Commercial parking lots, parking garages, and parking structures.
(10)
Tourist-oriented retail shops, including souvenir and curio shops.
C.
Conditional uses. The following are permitted as conditional uses within the B-2 District. Such uses shall be subject to the consideration of the Plan Commission and Village Board with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.
(1)
General grocery stores.
(2)
Seasonal roadside stands for the sale of vegetables, fruit, or other farm products, but not other types of products or merchandise.
(3)
Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft, or other motorized vehicles or their components.
(4)
Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorboats, other watercraft, marine supplies, motors for watercraft, or their components.
(5)
Wholesale merchandise establishments.
(6)
Warehouses.
(7)
Motor carrier facilities.
(8)
Drive-in and convenience establishments serving food and beverages.
(9)
Automobile repair shops, including shops for general mechanical repairs, automobile body repair, and repair of tires, but not including establishments for rebuilding, retreading, recapping, vulcanizing, or manufacturing tires, and not including establishments for painting automobiles.
(10)
Establishments primarily engaged in specialized automobile repair, such as electrical, battery and ignition repair, radiator repair, glass replacement and repair, carburetor repair, and wheel alignment service.
(11)
Commercial uses that are in keeping with the statement of purpose for the B-2 Highway Commercial District, and consistent with surrounding and neighboring land uses, which are not permitted uses.
[Added by 6-10-1997 by Ord. No. 1997-1]
D.
Specifications. Within the B-2 District the following standards shall apply:
§ 415-23 I-1 Industrial District.
A.
Purpose. This district is intended to provide an area for manufacturing and industrial activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B.
Permitted uses. The following uses are permitted in the I-1 Industrial District:
[Amended 3-24-2009 by Ord. No. 2009-2]
C.
Conditional uses. The following are permitted as conditional uses within the 1-1 District. Such use shall be subject to the consideration of the Plan Commission and Village Board with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.
(1)
Manufacturing establishments, usually described as factories, mills, or plants, in which raw materials are transformed into finished products and establishments engaged in assembling component parts of manufactured products.
(2)
Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage shall be enclosed by a suitable fence or other manner of screening.
(4)
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or road terminal companies.
(5)
Industrial uses that are in keeping with the statement of purpose for the I-1 Industrial District, and consistent with surrounding and neighboring land uses, which are not permitted uses.
[Amended 6-10-1997 by Ord. No. 1997-1]
§ 415-24 I-2 Business Park District.
A.
Purpose. The I-2 Business Park District is established to provide a comprehensive employment park with an attractive working environment conducive to the development of offices, research and development institutions, and light manufacturing establishments of a non-nuisance type. The district is designed to be a fully serviced development in a parklike setting which is practical, economical, and an asset to owners, neighbors and the community as a whole. It is the intent that all parcels of land zoned I-2 shall have protective covenants and restrictions approved by the Village and properly recorded prior to development.
B.
Permitted uses. The following uses are permitted in the I-2 District subject to the performance standards of this chapter[1] and the recorded protective covenants and restrictions on the land:
(1)
Research, development, and testing laboratories and facilities and the manufacture or fabrication of products in conjunction with such research and development.
(2)
Manufacture, production, processing, cleaning, servicing, or repair of the following:
(a)
Technically oriented materials, goods or products generally associated with such fields as electronics, medical and dental supplies, optics, process design and software development, scientific instruments, robotics, communications, and energy and the environment.
(b)
Small-scale products (finished weight not exceeding 100 pounds, or in fifty-five-gallon containers) related to resource industries of agriculture and food production, forestry, petrochemicals and mining.
(c)
Other products primarily using light industrial processes, which are connected buildings, in which the open areas around such buildings are not used for the storage of goods or materials or for any industrial purpose other than loading and unloading operations, and which are not noxious or offensive by reason of emissions beyond the confines of the building.
(3)
Offices and professional buildings, including banks and financial institutions.
(4)
Printing and publishing.
(5)
Telecommunications centers.
(6)
Wholesaling.
(7)
Restaurants, conference centers, and hotel and motel facilities not to exceed 20% of the gross land area of all contiguous parcels zoned I-2.
C.
Permitted accessory uses. The following uses are permitted accessory uses in the I-2 District:
(1)
Educational and training centers.
(2)
Nursery schools and day-care centers primarily for children of persons employed in the business park.
(3)
Temporary buildings for construction purposes, for a period not to exceed the duration of the construction.
(4)
Warehousing and mini warehousing.
(5)
Signs as permitted by Village ordinance.
(6)
Off-street parking and loading as regulated by Village ordinance.
D.
Conditional uses. The following conditional uses may be allowed in the I-2 District subject to the provisions of Article IV, Conditional Uses, of this chapter:
F.
Building heights. No structure shall exceed 45 feet in height.
G.
Yards.
(1)
Side yards. Interior side yards shall be a minimum of 20 feet and corner side yards shall be a minimum of 30 feet.
(2)
Front yard setback. There shall be a minimum front yard setback of 30 feet. Where adjacent lots within the block front, or those lots on both sides of a lot within 300 feet along the block front, whichever is less, are occupied by a principal structure having a setback less than 30 feet from the street, the required front yard depth shall be equal to or greater than the average setback of the adjacent structures. If only one lot is occupied by a principal structure, the front yard depth shall be 1/2 the sum of 30 feet plus the depth of the setback of the adjacent principal structure.
(3)
Rear yard. There shall be a rear yard having a minimum depth of 20 feet.
§ 415-25 PUD Planned Unit Development District.
A.
Purpose. The Planned Unit Development District is established to provide a regulatory framework designed to promote improved environmental design in the Village by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the basic intent of this chapter and the general plan for community development. It allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.
B.
Permitted uses; dimensional requirements; off-street parking.
(1)
Permitted uses. The following uses are permitted in the Planned Unit Development District; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(a)
Any use permitted by right or as a conditional grant in any of the other districts of this chapter may be permitted, subject to the criteria as established herein, but such requirements as are made a part of an approved, recorded, precise development plan shall be, along with the recorded plan itself, construed to be enforced as part of this chapter.
(2)
Lot area, lot width, height, floor area ratio, yard and usable open space requirements. In the Planned Unit Development District, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved, recorded, precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
(3)
Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth and such requirements as are made a part of an approved, recorded, precise development plan.
C.
Criteria for approval. As a basis for determining the acceptability of a Planned Unit Development District application, the following criteria shall be applied to the precise development plan for such district, with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:
(1)
Character and intensity of land use. In a Planned Unit Development District, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
(a)
Is compatible with the physical nature of the site.
(b)
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality.
(c)
Would not adversely affect the anticipated provision for school or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a Planned Unit Development District application shall provide evidence satisfactory to the Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
(3)
Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Village.
(4)
Preservation and maintenance of open space. In a Planned Unit Development District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.
(a)
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for project approval, an open space easement over such open areas.
(b)
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the Village and shall be included in the title to each property.
(c)
Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the Village and made a part of the conditions of plan approval.
(5)
Implementation schedule. The proponents of a Planned Unit Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
D.
Procedure. The procedure for rezoning to a Planned Unit Development District shall be as required for any other zoning district change under this chapter, except that in addition thereto the rezoning may only be considered in conjunction with a development plan and shall be subject to the following additional requirements:
(1)
The general development plan shall include the following information:
(a)
A statement describing the general character of the intended development.
(b)
An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.
(c)
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection C of this section:
[1]
The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.
[2]
The pattern of public and private streets.
[3]
The location, size and character of recreational and open space areas reserved or dedicated for public uses, such as school, park, greenway, etc.
[4]
A utility feasibility study.
(d)
Appropriate statistical data on the size of the development ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the Village under the criteria of Subsection C of this section.
(e)
General outline of intended organizational structure related to a property owners' association, deed restrictions and private provision of common services.
(2)
Referral and hearing.
(a)
Within a reasonable time after completion of the filing of the petition for approval of a general development plan, the Plan Commission shall forward the application to the Village Board, with a recommendation that the plan be approved as submitted, approved with modifications or disapproved. Upon receipt of the Plan Commission's recommendations, the Board shall determine whether or not to initiate a proposed zoning change to permit the proposed Planned Unit Development District and to schedule the required public hearing. If the Board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the Village Clerk-Treasurer.
(b)
Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(3)
Specific implementation plan. A specific and detailed plan implementation of all or a part of a proposed Planned Unit Development District must be submitted within a reasonable period of time, as determined by the Village Board. If a specific implementation plan has not been submitted within said time which the Village Board determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the Planned Unit Development District shall be filed by the appropriate Village official with the Village Clerk-Treasurer for processing. The specific implementation plan shall be submitted to the Village Board and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
(a)
An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways and parking facilities.
(c)
Detailed lot layout and subdivision plan where required.
(d)
The arrangement of building groups other than single-family residences and their architectural character.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational or other special amenities.
(h)
General location and description of any areas to be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the project can be expected to begin.
[2]
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of each of the stages will be completed.
(m)
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance, and continued protection of the Planned Unit Development and any of its common services, common open areas or other facilities.
(n)
Any other plans, documents or schedules requested by the Village.
(4)
Approval of the specific implementation plan.
(a)
Following a review of the specific implementation plan and a recommendation from the Plan Commission, the Village Board may approve the plan and authorize development to proceed accordingly or disapprove the plan and request negotiations with the developer.
(b)
In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the Village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the Village Board, in the County Register of Deeds office. This shall be accomplished prior to the issuance of any building permit.
(c)
Any subsequent change or addition to the plans or use shall first be submitted for approval to the Village Attorney and Village Board, and if in the opinion of the Village Board such change or addition constitutes a substantial alteration of the original plan, the procedure provided in this Subsection D shall be required.
§ 415-26 C Conservancy District.
A.
Purpose. This district is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of residential or other development and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.
B.
Permitted uses. The following uses of land are permitted in the Conservancy District, except as may be prohibited within a federal floodplain area:
(1)
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(2)
Forestry and the management of forests.
(3)
Wildlife preserves.
(4)
The management of wildlife, including waterfowl, fish, and other similar lowland animals, and nonresidential buildings used solely in conjunction with such activities.
(5)
Hunting, fishing and trapping.
(6)
Public and private parks, picnic areas and similar uses.
(7)
Hiking trails and bridle paths.
(8)
Preservation of areas of scenic, historic or scientific value.
(9)
Uses similar and customarily incident to any of the above uses.
C.
Conditional uses. The following are permitted as conditional uses in the Conservancy District:
(1)
Dams, flowages, ponds, and water storage and water pumping facilities.
(2)
Power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.
(3)
Utilities such as, but not restricted to, telephone, telegraph, power, or other transmission lines.
(4)
Piers, docks and boathouses.
(5)
Relocation of any watercourse.
(6)
Filling, drainage or dredging of wetlands, provided that this shall conform to any shoreland zoning ordinance enacted pursuant to § 59.971, Wis. Stats.
(7)
Removal of topsoil or peat.
(8)
Cranberry bogs.
(9)
Camping grounds open to the public.
(10)
Golf courses open to the public.
(11)
Agriculture and animal husbandry.
D.
Specifications. There are no setback, lot size, or other dimensional standards applicable in the Conservancy District.
§ 415-27 A-1 Agricultural/Holding District.
A.
Purpose. 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 district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.
B.
Permitted uses. The following uses are permitted in the A-1 District:
(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 floodland and shall be at least 100 feet from any navigable water or 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 for the use of the occupants of the premises, provided that such uses shall not be located within 300 feet of a dwelling unit other than the dwelling unit on the property in question.
C.
Permitted accessory uses. The following uses are permitted accessory uses in the A-1 District:
(1)
Attached or detached private garages and carports accessory to permitted or permitted accessory uses.
(2)
General farm buildings, including barns, silos, sheds, and storage bins, and 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)
One farm dwelling.
(4)
Private garages and parking space.
(6)
Signs as regulated by the Village.
(7)
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.
(8)
Gardening and other horticultural uses where no sale of products is conducted on the premises.
(9)
Decorative landscape features.
D.
Conditional uses. The following uses are permitted as conditional uses in the A-1 District:
(1)
Airports, airstrips, and landing fields, provided that the site is not less than 20 acres.
(2)
Commercial feed lots, livestock sales facilities, and fur farms.
(3)
Home occupations and professional offices.
(4)
Housing for farm laborers and seasonal or migratory farm workers.
(5)
Transmitting towers, receiving towers, and relay and microwave towers without broadcast facilities or studios.
(6)
Utilities.
(7)
Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 300 feet to a property boundary.
(8)
Public and parochial schools, provided that no building shall be located within 50 feet of any lot line.
(9)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided that no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.
(10)
Golf courses, country clubs, tennis clubs, and public swimming pools serving more than one family. The principal structure for any of the above-listed uses shall be 100 feet or more from any abutting lot in a residential district, and an accessory structure shall be a minimum of 50 feet from any lot line.
(11)
Essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided that no building shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible with the neighborhood in which they are to be located and thus will promote the general welfare.
(12)
Hospitals for human care, sanatoriums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.
E.
Specifications. Within the A-1 District the following standards shall apply:
[Amended 12-9-1997]
§ 415-28 P-1 Public Institutional District.
A.
Purpose. The P-1 Public Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.
B.
Permitted uses. The following uses are permitted in the P-1 District:
(1)
Cemeteries.
(2)
Churches.
(3)
Fraternal organizations.
(4)
Hospitals, sanatoriums, nursing homes and clinics.
(5)
Libraries, museums and art galleries.
(6)
Municipal parking lots.
(7)
Public administrative offices and public service buildings, including fire and police stations.
(8)
Public or private schools, colleges and universities.
(9)
Public utility offices.
(10)
Utilities.
(11)
Water storage tanks, towers and wells.
(12)
Amphitheaters.
(13)
Amusement parks.
(14)
Aquariums.
(15)
Arenas and field houses.
(16)
Art galleries.
(17)
Auditoriums.
(18)
Boat rentals and boat access sites.
(19)
Botanical gardens and arboretums.
(20)
Exhibition halls.
(21)
Fairgrounds.
(22)
Forest reserves (wilderness areas).
(23)
Forest reserves (wilderness refuges).
(24)
Golf courses without country club facilities.
(25)
Golf driving ranges.
(26)
Group or organized camps.
(27)
Historic and monument sites.
(28)
Hunting and fishing clubs.
(29)
Ice skating.
(30)
Libraries.
(31)
Miniature golf.
(32)
Museums.
(33)
Parks (general recreation).
(34)
Parks (leisure and ornamental).
(35)
Picnicking areas.
(36)
Planetariums.
(37)
Play fields or athletic fields.
(38)
Playgrounds.
(39)
Play lots or tot lots.
(40)
Recreation/community centers.
(41)
Skiing and tobogganing.
(42)
Stadiums.
(43)
Swimming beaches.
(44)
Tennis courts.
C.
Permitted accessory uses. The following uses are permitted accessory uses in the P-1 District:
(1)
Essential services.
(2)
Garages for storage of vehicles or materials used in conjunction with the operation of a permitted use.
(3)
Off-street parking and loading areas.
(4)
Residential quarters for administrators, caretakers or clergy.
(5)
Service buildings and facilities normally accessory to the permitted uses.
(6)
Service-oriented offices or shops located within institutional buildings.
D.
Conditional uses. The following uses are permitted as conditional uses in the P-1 District:
(1)
Archery ranges.
(2)
Athletic clubs and health resorts.
(3)
Drive-in movies.
(4)
Golf courses with country club/restaurant facilities.
(5)
Gymnasiums.
(6)
Miniature golf.
(7)
Public emergency shelters.
(8)
Roller-skating.
(9)
Skeet and trap shooting ranges, provided that the firing of rifle arms and shotgun slugs shall not be permitted directly toward or over any highway, road or navigable water, toward any building or structure or toward any population concentration within 1 1/2 miles of the site.
E.
Lot area and width. There are no minimum lot requirements.
F.
Building height. No building or parts of a building shall exceed 45 feet in height.
G.
Setback and yards.
(1)
A minimum building setback of 25 feet from the right-of-way line of all public streets shall be required.
(2)
There shall be a minimum side yard of 10 feet.
(3)
There shall be a rear yard of not less than 25 feet.
(4)
Exception. In the case of ownership by a school district or organization or by a church or religious society of more than 50% of the frontage on intersection streets and more than 50% of the area of the square block wherein such property is located, the minimum setback line for building on such school or church property shall be 15 feet.
§ 415-29 MW-1 Municipal Well Recharge Area Overlay District.
A.
Purpose. The Village recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the Municipal Well Recharge Area Overlay District (MW-1) is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the Village's municipal wells. The restrictions imposed herein are in addition to those of the underlying residential, commercial, or industrial zoning districts or any other provisions of this chapter.
B.
Zones A and B; well diameter; determination of prohibited use.
(1)
The Municipal Well Recharge Area Overlay District is hereby divided into Zone A and Zone B as follows:
(a)
Zone A is identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contaminants to the municipal wells. Zone A is more restrictive than Zone B.
(b)
Zone B is identified as a secondary source of water for the municipal well aquifer and as an area where there is a lower probability of surface contaminants reaching the municipal well fields. Zone B is less restrictive than Zone A.
(3)
Whether a prohibited use is occurring within a zone shall be determined by measuring the distance from the center of the well to the actual edge of the prohibited use and not the edge of a building or structure enclosing that use.
[Added 7-28-1998 by Ord. No. 1998-7]
C.
Zone A prohibited uses. The following land uses are hereby found to have a high potential to contaminate or have already caused groundwater contamination problems in Wisconsin and elsewhere. The following principal uses are hereby prohibited within Zone A of the Municipal Well Recharge Area Overlay District. Unless otherwise stated, the prohibited uses identified below apply to a facility that engages in the prohibited activity as its principal activity. Unless otherwise stated, where a prohibited land use activity occurs at a facility in a capacity that is merely accessory to the principal activity in which the facility is engaged, the prohibitions of this subsection do not apply with respect to those accessory activities.
[Amended 7-28-1998 by Ord. No. 1998-7]
(1)
Areas for dumping or disposal of garbage, refuse, trash or demolition material.
(2)
Asphalt products manufacturing plants.
(3)
Automobile washing facilities.
(4)
Automobile service stations.
(5)
Building materials and products sales.
(6)
Cartage and express facilities.
(7)
Cemeteries.
(8)
Chemical storage, sale, processing or manufacturing plants.
(9)
Dry-cleaning establishments.
(10)
Electronic circuit assembly plants.
(11)
Electroplating plants.
(12)
Exterminating shops.
(13)
Fertilizer manufacturing or storage plants.
(14)
Foundries and forge plants.
(15)
Garages for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding.
(16)
Highway salt storage areas.
(17)
Industrial liquid waste storage areas, including as an accessory activity, unless the Village Engineer certifies that the industrial liquid waste storage area in question does not pose a threat to the groundwater.
(18)
Junkyards and auto graveyards.
(19)
Metal reduction and refinement plants.
(20)
Mining operations.
(21)
Motor and machinery service and assembly shops.
(22)
Motor freight terminals.
(23)
Pain products manufacturing.
(24)
Petroleum products storage or processing, including as an accessory activity, unless the Village Engineer certifies that the petroleum products storage or processing in question does not pose a threat to the groundwater.
(25)
Photography studios, including the developing of film and pictures.
(26)
Plastics manufacturing.
(27)
Pulp and paper manufacturing.
(28)
Residential dwelling units on lots less than 15,000 square feet in area. However, in any residence district, on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the size of the lot, provided that all other requirements of this chapter are complied with.
(29)
Septage disposal sites, including as an accessory use.
(30)
Sludge disposal sites, including as an accessory use.
(31)
Storage and manufacture of toxic or hazardous materials; disposal of toxic or hazardous materials regardless of whether such disposal is a principal or accessory use.
(32)
Underground petroleum products storage tanks for industrial, commercial, residential or other uses, including as an accessory use.
(33)
Woodworking and wood products manufacturing.
D.
Zone A conditional uses. The following conditional uses may be allowed in the Municipal Well Recharge Area Overlay District, subject to the provisions of Article IV:
E.
Zone B prohibited uses. The following principal uses are hereby prohibited within Zone B of the Municipal Well Recharge Area Overlay District. Unless otherwise stated, the prohibited uses identified below apply to a facility that engages in the prohibited activity as its principal activity. Unless otherwise stated, where a prohibited land use activity occurs at a facility in a capacity that is merely accessory to the principal activity in which the facility is engaged, the prohibitions of this subsection do not apply with respect to those accessory activities.
[Amended 7-28-1998 by Ord. No. 1998-7]