Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE III
Administration
17.20 Detailed land use descriptions and regulations.
[Added 7-11-2007 by Ord. No. 2007-05]
The land use categories employed by this chapter are defined in this section. Land uses which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 17.05 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
(1)
Residential land uses.
(a)
Conventional residential development.
Description: This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted, but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). [See Subsection (1)(f) below.] |
Conventional residential development can be made up of the following dwelling unit types: |
1.
Single-family detached.
Description: A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence which is located on an individual lot or within a group development. The dwelling unit must be a site-built structure, built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), or may be a manufactured dwelling (modular home) as permitted by the UDC, or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. Refer to Chart 1[1] for setback requirements. Refer to § 17.132 for parking requirements. |
[1]
Editor's Note: Chart 1 is included as an attachment to this chapter.
2.
Duplex.
Description: These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum Building-Code-required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals, is required between each dwelling unit. The two residences are located on the same lot. These dwelling unit types may not be split into additional residences. Refer to Chart 1[2] for setback requirements. Refer to § 17.132 for parking requirements. V-shaped duplex: This form of duplex is constructed with the two dwelling units attached at the front interior corner of the foundation, and with the two dwellings becoming increasingly separated from one another as distance increases from the building front to the building rear. The open area between the two dwellings from the attached front corner to the rear corner of each dwelling is described as the "V-area" – see the following diagram. Once originally constructed, no additions to either dwelling and no outdoor activity areas may be constructed or used within the V-area. All other rules applying to a duplex shall also apply to a V-shaped duplex. [Added 3-3-2021 by Ord. No. 2021-02] |
 |
[2]
Editor's Note: Chart 1 is included as an attachment to this chapter.
3.
Twin house.
Description: These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum Building-Code-required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals, is required between each dwelling unit. The two residences may or may not be located on individual lots. The twin house is distinguished from a duplex merely by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences. Refer to Chart 1[3] for setback requirements. Refer to § 17.132 for parking requirements. V-shaped twin house: This form of twin house is constructed with the two dwelling units attached at the front interior corner of the foundation, and with the two dwellings becoming increasingly separated from one another as distance increases from the building front to the building rear. The open area between the two dwellings from the attached front corner to the rear corner of each dwelling is described as the “V-area." (See above diagram for duplexes.) Once originally constructed, no additions to either dwelling unit and no outdoor activity areas may be constructed or used within the V-area. All other rules applying to a twin house shall also apply to a V-shaped twin house. [Added 3-3-2021 by Ord. No. 2021-02] |
[3]
Editor's Note: Chart 1 is included as an attachment to this chapter.
4.
Two-flat house.
Description: This dwelling unit type consists of a single-family residence, which is in complete compliance with the State of Wisconsin One-and Two-Family Dwelling Code (§§ 101.60 to 101.66, Wis. Stats.), which has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. In some zoning districts, this use is a conditional use and must be approved through the procedures of the Village. Refer to Chart 1[4] for setback requirements. Refer to § 17.132 for parking requirements. |
[4]
Editor's Note: Chart 1 is included as an attachment to this chapter.
5.
Townhouse.
Description: This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum Building-Code-required fire-rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals, are required between each dwelling unit. No more than eight and no fewer than three townhouse dwelling units may be attached per group. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to Chart 1[5] for setback requirements. Refer to § 17.132 for parking requirements. |
[5]
Editor's Note: Chart 1 is included as an attachment to this chapter.
6.
Multiplex.
Description: This dwelling unit type consists of an attached, multifamily residence which has a private, individual exterior entrance. A minimum Building-Code-required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than six and no less than three multiplex dwelling units may be attached per group. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to Chart 1[6] for setback requirements. Refer to § 17.132 for parking requirements. |
[6]
Editor's Note: Chart 1 is included as an attachment to this chapter.
7.
Apartment.
Description: This dwelling unit type consists of an attached, multifamily residence which takes access from a shared entrance or hallway. A minimum Building-Code-required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than eight dwelling units, and no fewer than three, may be located in a building. As part of the conditional use requirements for group developments, any development comprised of one or more buildings which contain four or more dwelling units shall provide additional site design features, such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities. All apartment units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to Chart 1[7] for setback requirements. Refer to § 17.132 for parking requirements. |
[7]
Editor's Note: Chart 1 is included as an attachment to this chapter.
8.
Mobile home.
Description: This dwelling unit type consists of a fully detached, single-family residence, which has not received a federal manufactured housing certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission. Refer to Chart 1[8] for setback requirements. Refer to § 17.132 for parking requirements. |
[8]
Editor's Note: Chart 1 is included as an attachment to this chapter.
(b)
(Reserved)
(c)
Institutional residential development.
Description: This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, and dormitories. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's Gross Site Area (GSA) shall be held as permanently protected green space. [See Subsection (1)(f) below.] |
Regulations: |
1.
The proposed site shall be located so as to avoid disruption of an established or developing office area. Within the Neighborhood Office (NO) and Planned Office (PO) Districts, institutional residential developments shall be designed so as to maintain the character of the adjacent properties.
2.
Shall be located with primary vehicular access on a collector or arterial street.
3.
No access shall be permitted to a local residential street.
4.
Applicant shall provide off-street passenger loading area at a minimum of one location within the development.
5.
All structures shall be located a minimum of 50 feet from any residentially zoned property which does not contain an institutional residential land use.
(d)
Mobile home residential development (subdivision).
Description: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the Village's requirements for mobile homes. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). [See Subsection (1)(f) below.] |
Regulations: |
(e)
Mobile home park residential development (rental/condo park).
Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). [See Subsection (1)(f) below.] |
Regulations: |
(f)
Note regarding percentage of green space and maximum density yield. This estimate is provided as a general rule of thumb for the convenience of the users of this chapter. Such a yield is not to be considered as ensured by the provisions of this chapter.
(2)
Agricultural land uses.
(a)
Cultivation.
[Amended 2-3-2010 by Ord. No. 2010-01]
Description: Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off-site. |
Regulations: |
(b)
Husbandry.
[Amended 2-3-2010 by Ord. No. 2010-01; 10-6-2010 by Ord. No. 2010-13]
Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined by the Dane County Zoning Ordinance) per acre. |
Regulations: |
1.
Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.
2.
All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.
(c)
Intensive agriculture.
[Amended 2-3-2010 by Ord. No. 2010-01]
Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined by Dane County) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations, and certain other operations meeting this criterion. |
Regulations: |
1.
Shall not be located in, or adjacent to, an existing or platted residential subdivision.
2.
Shall be completely surrounded by a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.
4.
Shall be located in an area which is planned to remain commercially viable for agricultural land uses.
(d)
Agricultural service.
[Amended 2-3-2010 by Ord. No. 2010-01]
Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses). |
Regulations: |
1.
Shall not be located in, or adjacent to, an existing or platted residential subdivision.
2.
All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.
3.
If within the A-1 District, shall be located in an area which is planned to remain commercially viable for agricultural land uses.
(e)
On-site agricultural retail.
[Amended 2-3-2010 by Ord. No. 2010-01]
Description: On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site. |
Regulations: |
1.
No structure or group of structures shall exceed 500 square feet in floor area.
2.
No structure shall exceed 12 feet in height.
3.
All structures shall meet all required setbacks for nonresidential land uses.
4.
Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area.
5.
Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.
6.
The sale of products which are grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.
7.
Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property.
(f)
Selective cutting.
Description: Selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear-cutting [see Subsection (2)(g) below]. |
Regulations: Not applicable. |
(g)
Clear-cutting.
Description: Clear-cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear-cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear-cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter and the property owner shall be fined for such violation (in accordance with the provisions of § 17.178) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear-cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. |
Regulations: |
1.
Applicant shall demonstrate that clear-cutting will improve the level of environmental protection on the subject property.
2.
Areas of the subject property which are clear-cut beyond the limitations established above shall be replanted with appropriate landscaping, structures, such as fences or berms, and spacing as identified by the Plan Commission.
(h)
Garden.
[Added 2-3-2010 by Ord. No. 2010-01]
Description: The growing of plants (including fruits and vegetables) as an accessory use to the primary use on the property, typically a residence, where the plants and produce are for the use and enjoyment of the residents. |
Regulations: none. |
(i)
Community garden.
[Added 2-3-2010 by Ord. No. 2010-01]
Description: An area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member for their own use and enjoyment. These areas may be on public or private lands. |
Regulations: |
1.
All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.
2.
Site plan submittal shall include the property owner, established sponsoring organization, and garden manager.
3.
Site plan which demonstrates considerations for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.
4.
The following structures are permitted: tool sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.
5.
Signs shall be limited to identification, information, and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.
(j)
Market garden.
[Added 2-3-2010 by Ord. No. 2010-01]
Description: An area for cultivation and related activities, including on-site sales of crops grown on-site and cultivated by more than one operator or member. These areas may be on public or private lands. |
Regulations: |
1.
All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.
2.
Site plan submittal shall include the property owner, established sponsoring organization, and garden manager.
3.
Site plan which demonstrates considerations for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.
4.
The following structures are permitted: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.
5.
Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.
6.
Signs shall be limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.
7.
Fences shall comply with the Village's fencing regulations, except that chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within active gardening areas.
(3)
Institutional land uses.
(a)
Passive outdoor public recreational.
Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, open grassed areas not associated with any particular active recreational land use [see Subsection (3)(b), below], picnic areas, picnic shelters, gardens, fishing areas, and similar land uses. |
Regulations: |
1.
Parking requirements. One space per four expected patrons at maximum capacity for any use requiring over five spaces.
(b)
Active outdoor public recreational.
Description: Active outdoor public recreational land uses include all recreational land uses located on public property which involve active recreational activities. Such land uses include play courts (such as tennis courts and basketball courts), play fields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, horse trails and similar land uses. |
Regulations: |
1.
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property.
3.
Facilities which serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.
4.
Facilities which serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.
5.
Parking requirements. One space per four expected patrons at maximum capacity for any use requiring over five spaces.
(c)
Indoor institutional.
Description: Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, hospitals, jails, prisons, and similar land uses. |
Regulations: |
1.
Shall be located with primary vehicular access on a collector or arterial street.
2.
Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use).
3.
All structures shall be located a minimum of 50 feet from any residentially zoned property.
(d)
Outdoor institutional.
Description: Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, nonpublic golf courses, and similar land uses. |
Regulations: |
1.
Shall be located with primary vehicular access on a collector or arterial street.
2.
Shall provide off-street passenger loading area if a significant proportion of the users will be children.
3.
All structures and actively used outdoor recreational areas shall be located a minimum of 50 feet from any residentially zoned property.
4.
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
(e)
Public service and utilities.
Description: Public service and utilities land uses include all Village, county, state and federal facilities (except those otherwise treated in this section), emergency service facilities, such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses. |
Regulations: |
1.
Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
2.
All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
All structures shall be located a minimum of 20 feet from any residentially zoned property.
4.
The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.
5.
Parking requirements. One space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.
(f)
Institutional residential.
Description: Institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of § 62.23, Wis. Stats. |
(g)
Community living arrangement (one to eight residents).
Description: Community living arrangement land uses include all facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, and community-based residential facilities. Community living arrangements do not include day-care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in § 62.23, Wis. Stats. |
Regulations: |
1.
No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of its capacity.
2.
The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing).
4.
Parking requirements: three spaces.
(h)
Community living arrangement (nine to 15 residents).
Description: See Subsection (3)(g), above. |
Regulations: |
1.
No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity.
2.
The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing).
3.
Parking requirements: four spaces.
(i)
Community living arrangement (16+ residents).
Description: See Subsection (3)(g), above. |
Regulations: |
1.
No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity.
2.
The total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing).
3.
Parking requirements. One space per every three residents.
(4)
Commercial land uses.
(a)
Office.
Description: Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis. |
Parking requirements: one space per 300 square feet of gross floor area. |
(b)
Personal or professional service.
Description: Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and related land uses. |
Parking requirements. One space per 300 square feet of gross floor area. |
(c)
Indoor sales or service.
Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [see Subsection (4)(d), below]. Artisan studios are regulated in § 17.20(4)(r). |
Regulations: |
(d)
Outdoor display.
Description: Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Examples of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales, and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. [See Subsection (5), below, also.] [Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 17.20(8)(f), Outdoor display incidental to indoor sales and service.] |
Regulations: |
1.
The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required buffer yards.
2.
The display of items shall not be permitted within required setback areas for the principal structure.
3.
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 17.132. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
4.
Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
5.
Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
6.
Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area, all support fixtures used to display the goods shall be removed within 10 calendar days of the goods' removal.
7.
Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.
8.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
9.
Parking requirements. One space per 300 square feet of gross floor area.
(e)
Indoor maintenance service.
Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use [see § 17.20(4)(q)]. |
Parking requirements. One space per 300 square feet of gross floor area. |
(f)
Outdoor maintenance service.
Description: Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building. |
Regulations: |
1.
All outdoor activity areas shall be completely enclosed by a minimum six-foot-high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
Parking requirements. One space per 300 square feet of gross floor area.
(g)
In-vehicle sales or service.
Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity [except vehicle repair and maintenance services, see § 17.20(4)(q)]. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see § 17.20(8)(g)]. |
Regulations: |
1.
Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).
2.
The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.
3.
In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.
4.
The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially zoned property lines, and shall be a minimum of 10 feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet as measured to highest part of structure.
5.
All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four-ton axle load.
6.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
7.
Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines.
8.
Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a freestanding sign subject to regulation under Article XVI.
9.
Parking requirements. One space per 50 square feet of gross floor area. Each drive-up lane shall have a minimum stacking length of 100 feet behind the order station and 40 feet beyond the food delivery station.
(h)
Indoor commercial entertainment.
Description: Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls. |
Regulations: |
1.
If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.
2.
Facility shall provide buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Parking requirements: one space per every three patron seats or lockers (whichever is greater); or one space per three persons at the maximum capacity of the establishment (whichever is greater).
(i)
Outdoor commercial entertainment.
[Amended 11-4-2009 by Ord. No. 2009-25]
Description: Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples of such land uses include volleyball, horseshoe and related facilities associated with entertainment land uses, outdoor commercial swimming pools, driving ranges, miniature golf facilities, golf courses, amusement parks, drive-in theaters, go-cart tracks, and racetracks. |
Regulations: |
1.
Activity areas shall not be located closer than 300 feet to a residentially zoned property; exempt from this 300-foot-setback rule are golf courses or similar unlit outdoor activity areas.
2.
Facility shall provide buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Activity areas (including drive-in movie screens) shall not be visible from any residentially zoned property.
4.
Parking requirements. One space for every three persons at the maximum capacity of the establishment.
(j)
Commercial animal boarding.
Description: Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration. |
Regulations: |
1.
Each animal shall be provided with an indoor containment area.
2.
The minimum permitted size of horse or similar animal stall shall be 100 square feet.
3.
Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured. (See Article XVI.)
4.
Parking requirements. One space per every 1,000 square feet of gross floor area.
(k)
Commercial indoor lodging.
Description: Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use. |
Regulations: |
1.
If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Within the PO District, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.
4.
Parking requirements. One space per bedroom, plus one space for each employee on the largest work shift.
(l)
Bed-and-breakfast establishment.
Description: Bed-and-breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities and passive outdoor recreation facilities, such as docks and gardens, for the exclusive use of their customers. |
Regulations: |
1.
All such facilities shall be required to obtain a permit to serve liquor, if applicable. They shall be inspected annually at a fee as established by a separate fee ordinance, to verify that the land use continues to meet all applicable regulations.
2.
One sign, with a maximum area of 20 square feet, shall be permitted on the property.
3.
Facility may be required to provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
4.
No premises shall be utilized for a bed-and-breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed-and-breakfast operation shall have a separate operational smoke detector alarm, as required in the Building Code. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupants personal facilities.
5.
The dwelling unit in which the bed-and-breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed-and-breakfast operation is active.
6.
Only the meal of breakfast shall be served to overnight guests.
7.
Each operator shall keep a list of names of all persons staying at the bed-and-breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time.
8.
The maximum stay for any occupants of a bed-and-breakfast operation shall be 31 days.
9.
It shall be unlawful for any persons to operate a bed-and-breakfast operation as defined and as permitted in the Municipal Code of the Village of Mount Horeb without first having obtained a conditional use permit.
10.
Application requirements. Applicants for a license to operate a bed-and-breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with this article, with the terms of this chapter as a whole, and other applicable Village codes and ordinances.
11.
Consideration of issuance. After application duly filed with the Clerk for a license under this division, Plan Commission review and recommendation for a conditional use permit, the Village Board shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the Village. In the Board's determination of the number of bed-and-breakfast operations required to provide for such public convenience and necessity, the Board shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service.
12.
Public nuisance violations. Bed-and-breakfast operations shall not be permitted whenever the operation endangers, or offends, or interferes with the safety or rights of others so as to constitute a nuisance.
13.
Suspension, revocation and renewal. Any license issued under the provisions of this chapter may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.
14.
Parking requirements. One space per each bedroom.
(m)
Group day-care center (nine or more children).
Description: Group day-care centers are land uses in which qualified persons provide child-care services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use. |
Regulations: |
1.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
Property owner's permission is required as part of the conditional use permit application.
3.
Parking requirements. One space per five students, plus one space for each employee on the largest work shift.
(n)
Campground.
Description: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles. |
Regulations: |
(o)
Boardinghouse.
Description: Boarding homes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities). |
Regulations: |
1.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
Shall provide a minimum of one on-site parking space for each room for rent.
3.
Shall be located in an area of transition from residential land uses to nonresidential land uses.
5.
Parking requirements. One space per room for rent, plus one space per each employee on the largest work shift.
(q)
Vehicle repair and maintenance service.
Description: Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building. |
Regulations: |
1.
Storage of abandoned vehicles is prohibited.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Parking requirements. One space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.
(r)
Artisan studios.
Description: A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, handwoven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans. |
Parking requirements: one space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles. |
(5)
Storage or disposal land uses.
(a)
Indoor storage or wholesaling.
Description: Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 17.20(8)(h), below. |
Parking requirements: one space per 2,000 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles. |
(b)
Outdoor storage or wholesaling.
Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard [see § 17.20(5)(d)]. |
Regulations: |
1.
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a buffer yard consisting of appropriate landscaping and spacing as identified by the Plan Commission.
2.
The storage of items shall not be permitted in required frontage landscaping or buffer yard areas.
3.
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 17.132. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
4.
Storage areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation, such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
5.
Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.
6.
Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.
7.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
8.
All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
9.
Parking requirements. One space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.
(c)
Personal storage facility.
Description: Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini warehouses." |
Regulations: |
1.
Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
4.
No electrical power shall be run to the storage facilities, except for exterior lighting.
5.
Parking requirements: one space for each employee on the largest work shift.
(d)
Junkyard or salvage yard.
Description: Junkyard or salvage yard facilities are any land or structure used for a salvaging operation, including but not limited to the aboveground, outdoor storage and/or sale of wastepaper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use. |
Regulations: |
1.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
3.
In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.
4.
Shall not involve the storage, handling or collection of hazardous materials.
5.
Parking requirements. One space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.
(e)
Waste disposal facility.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
Description: Waste disposal facilities are any areas used for the disposal of solid wastes including those defined by § 289.01(33), Wis. Stats., but not including composting operations [see Subsection (f) below]. |
Regulations: |
1.
Shall comply with all county, state and federal regulations.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.
4.
Operations shall not involve the on-site holding, storage, or disposal of hazardous materials in any manner.
5.
Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans and maintaining and remediation plans for groundwater, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 125% of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the Petitioner (subject to approval by the Village Administrator), and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. This amount shall be recalculated and a new bond shall be required biannually. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)
6.
Parking requirements. One space for each employee on the largest work shift.
(f)
Composting operation.
Description: Composting operations are any land uses devoted to the collection, storage, processing, and or disposal of vegetation. |
Regulations: |
1.
Shall comply with all county, state and federal regulations.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines.
4.
No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site.
5.
Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as defined by state statutes in any manner.
6.
Parking requirements. One space for each employee on the largest work shift.
(6)
Transportation land uses.
(a)
Off-site parking lot.
Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also Article XII for additional parking regulations. |
Regulations: |
(b)
Airport/heliport.
Description: Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage, and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport. |
Regulations: |
1.
All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Parking requirements. One space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.
(c)
Freight terminal.
Description: Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring trans-shipment. |
Regulations: |
1.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
3.
In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.
4.
Parking requirements. One space per each employee on the largest work shift.
(d)
Distribution center.
Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per Subsection (8), below. |
Regulations: |
1.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
3.
In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.
4.
Parking requirements. One space per each employee on the largest work shift.
(7)
Industrial land uses.
(a)
Light industrial land use.
Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): |
1.
Are conducted entirely within an enclosed building;
2.
Are not potentially associated with nuisances, such as odor, noise, heat, vibration, and radiation, which are detectable at the property line;
3.
Do not pose a significant safety hazard (such as danger of explosion); and
4.
Comply with all of the Village's performance standards listed for potential nuisances.
Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of Subsection (8)(h), below, are complied with. |
Regulations: | |
1. | All activities, except loading and unloading, shall be conducted entirely within the confines of a building. |
2. | Parking requirements: one space per each employee on the largest work shift. |
(b)
Heavy industrial land use.
Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: |
1.
Are conducted entirely within an enclosed building;
2.
Are not potentially associated with nuisances, such as odor, noise, heat, vibration, and radiation, which are detectable at the property line; and
3.
Do not pose a significant safety hazard (such as danger of explosion).
More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the Village's performance standards. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials. |
Regulations: | |
1. | Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission. |
2. | All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over buffer yard screening elements. |
3. | Parking requirements. One space per each employee on the largest work shift. |
(c)
Communication tower.
Description: Communication towers include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower. |
Regulations: |
1.
Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.
2.
The installation and continued maintenance of a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
Parking requirements. One space per employee on the largest work shift.
(d)
Extraction use.
Description: Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. |
Regulations: |
1.
Shall receive approval from the county prior to action by the Village of Mount Horeb, and shall comply with all county, state and federal regulations.
2.
Facility shall provide a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
3.
All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.
4.
Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 125% of the costs determined to be associated with said restoration (as determined by a third-party selected by the Village), shall be filed with the Village by the Petitioner (subject to approval by the Zoning Administrator), and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. This amount shall be recalculated and a new bond shall be required biannually. (The requirement for said surety is waived for publicly owned waste disposal facilities.)
5.
Parking requirements: one space per each employee on the largest work shift.
(8)
Accessory land uses. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment [see Subsection (8)(a), below], or a farm residence [see Subsection (8)(b), below], in no instance shall an accessory use, cellar, basement, tent, or recreational trailer be used as a residence. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shore yard. In instances where there is a shore yard, shore yards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.
(a)
Commercial apartment.
Description: Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use [as designated in Subsection (4), above], most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses. |
Regulations: |
1.
The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development.
2.
A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the Zoning Administrator.
(b)
Farm residence.
Description: A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Subsection (2), above. |
(c)
Detached residential garage, carport, utility shed, or play structures.
Description: A private residential garage, carport, or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces, all play structures, and purely decorative garden accessories such as garden pools, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas, but not closer than five feet to an abutting property line other than a street line. It may be located on the same lot as a residential unit or units, or on a separate lot in conjunction with a residential land use. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area, or which exceed 30% coverage of the rear yard area, or which exceed the lot coverage of the principle structure, are not permitted in residential districts except as conditional uses in the A-1 and R-1 Districts. |
Regulations: |
(d)
Company cafeteria.
Description: A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service. |
(e)
Company-provided on-site recreation.
Description: A company-provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. |
Regulations: |
1.
All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.
2.
All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.
3.
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
4.
Facilities using night lighting shall require a conditional use permit.
(f)
Outdoor display incidental to indoor sales and service (more than 12 days).
Description: See § 17.20(4)(d). |
Regulations: |
1.
Shall comply with all conditions of § 17.20(4)(d).
2.
Display area shall not exceed 25% of gross floor area of principal building on the site.
(g)
In-vehicle sales and services incidental to on-site principal land use.
Description: See § 17.20(4)(g). |
Regulations: |
1.
Shall comply with all conditions of § 17.20(4)(g).
(h)
Indoor sales incidental to storage or light industrial land use.
Description: These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use, such as warehousing, wholesaling or any light industrial land use, on the same site. |
Regulations: |
1.
Adequate parking, per the requirements of § 17.132, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
2.
The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property. Areas devoted to artisan studio uses, such as custom ceramics, glass, wood, paper, fabric, and similar crafts, may exceed 5,000 square feet with the granting of a conditional use permit for such use.
3.
Shall provide rest room facilities directly accessible from retail sales area.
4.
Retail sales area shall be physically separated by a wall from other activity areas.
(i)
Light industrial activities incidental to indoor sales or service land use.
Description: These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site. |
Regulations: |
1.
The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property, or 5,000 square feet, whichever is less.
(j)
Home occupation.
Description: It is the intent of this subsection to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence which comply with the following requirements. Examples include personal and professional services and handicrafts which comply with all of the following requirements. |
Regulations: See Article X of this chapter. |
(k)
Family day-care home (four to eight children).
Description: Family day-care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter. |
(l)
Intermediate day-care home (nine to 15 children).
Description: Intermediate day-care homes are occupied residences in which a qualified person or persons provide child care for nine children to 15 children. |
(m)
Migrant labor camp.
Description: Migrant labor camps include any facility subject to the regulation of § 103.90, Wis. Stats. |
Regulations: |
1.
Shall be surrounded by a buffer yard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission.
2.
Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the Village.
(n)
On-site parking lot.
Description: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operative. Refer also to Article XII. |
Regulations: |
(o)
Private residential recreational facility.
Description: This land use includes all active outdoor recreational facilities located on a private residential lot. All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, and recreation-type equipment. |
Regulations: |
(p)
Private residential kennel.
Description: A maximum of any combination of two dogs and/or cats (over six months of age) are permitted by right for any one residential unit. Any residence housing a number of dogs and or cats exceeding this number shall be considered a private residential kennel. Such a kennel (dogs only) shall require licensing by the Village. In addition to those requirements, a private residential kennel shall meet the following requirements: |
Regulations: |
(q)
Private residential stable.
Description: A private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling. |
Regulations: |
1.
A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.
2.
A maximum of one horse per five acres of fully enclosed (by fencing and/or structures) area is permitted.
3.
Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property.
4.
The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(9)
Temporary land uses.
(a)
General temporary outdoor sales.
Description: Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted or conditional use or a special event otherwise regulated by the Village Municipal Code. Examples of this land use include but are not limited to seasonal garden shops, tent sales, bratwurst stands, auctions, estate sales, rummage sales, farmer's markets, and garage sales; however, up to two garage sales are exempt from the provisions of this section. |
Temporary use regulations: |
1.
Display shall be limited to a maximum of 12 days in any calendar year.
2.
Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
4.
Adequate parking shall be provided.
5.
If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.
(b)
Outdoor assembly.
Description: Includes any organized outdoor assembly of more than 100 persons. |
Temporary use regulations: |
1.
A street use permit is required for all activities within a dedicated public right-of-way.
2.
Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
4.
Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.
5.
If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.
6.
Adequate provisions for crowd control shall be made and shall be described within the application.
(c)
Contractor's project office.
Description: Includes any structure containing an on-site construction management office for an active construction project. |
Temporary use regulations: |
(d)
Contractor's on-site equipment storage facility.
Description: Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project. |
Temporary use regulations: |
(e)
Relocatable building.
Description: Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses and subject to the Village's general standards and procedures.) |
Temporary use regulations: |
(f)
On-site real estate sales office.
Description: Includes any building which serves as an on-site sales office for a development project. |
Temporary use regulations: |
1.
Structure shall not exceed 5,000 square feet in gross floor area.
2.
Facility shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.
4.
Projects requiring land use to be in place for more than 365 days shall require a conditional use permit.
5.
Shall comply with the Village's standards and procedures applicable to all temporary uses.
(g)
Seasonal outdoor sales of farm products.
Description: Includes any outdoor display of farm products not otherwise regulated by the Village of Mount Horeb Municipal Code. |
Temporary use regulations: |
17.201 Interim zoning for the extraterritorial area of the Village of Mount Horeb within the Town of Blue Mounds.
[Added 8-26-2020 by Ord. No. 2020-14]
(1)
Intent and purpose. Pursuant to Wis. Stat. § 63.23(7a)(b), this section is enacted to preserve existing zoning in certain territory within the Town of Blue Mounds, Dane County, Wisconsin, described below in Section (2), which is within the Village's extraterritorial zoning jurisdiction, while a comprehensive extraterritorial zoning plan for such territory is being prepared.
(2)
Application. This section applies to the following described land in the Town of Blue Mounds, Dane County Wisconsin: Please see Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(3)
Preservation of existing zoning.
(a)
As of the effective date of this section, the Town of Blue Mounds has adopted the Town of Blue Mounds Zoning Ordinance, which Zoning Ordinance incorporates the Town Zoning Map by reference and which Zoning Ordinance includes the Official Map of the Town. For purposes of this section, the Town of Blue Mounds Zoning Ordinance (dated May 21, 2018, on the Town website), including the Town Zoning Map, the Official Map of the Town, and any amendments made to the Town of Blue Mounds Zoning Ordinance prior to the adoption of this section, shall be referred to as "this chapter."
(b)
During the term of this section, zoning as set forth in this chapter for the land described in Section (2) above shall be preserved pursuant to the Village's authority under Wis. Stat. § 63.23(7a)(b). For avoidance of doubt, no land described in Section (2) above may be rezoned to a different zoning district, and no land described in Section (2) above may have its zoning regulations or Zoning Map changed without approval by the Village of Mount Horeb according to the procedures set forth in Wis. Stat. § 62.23(7a).
(4)
Village Zoning Board of Appeals; administration.
(a)
While this section is in effect, the Village Zoning Board of Appeals shall exercise jurisdiction over the land described in Section (2) pursuant to Wis. Stat. § 62.23(7a)(g) and this chapter, including, but not limited to:
(b)
Any interested party may request from the Village Zoning Administrator a determination of whether a particular use of land complies with the zoning that was in effect as of the effective date of this section. Any party aggrieved by such determination may appeal the determination to the Village Zoning Board of Appeals pursuant to subsection (4)(a) above.
(5)
Amendments. While this section is in effect, the Village of Mount Horeb may amend the zoning for the land described in Section (2) according to the procedures set forth in Wis. Stat. § 62.23(7a).
(6)
Building permits. The Town of Blue Mounds, if it issued building permits upon the effective date of this section, may continue to do so, but the Village Building Inspector shall approve such permits as to zoning prior to their issuance.
(7)
Enforcement. The Village Zoning Administrator shall enforce this section, and the penalty and enforcement provisions of this chapter shall be applicable hereto.
(8)
Effective period. This section shall be effective for two years unless rescinded by the Village Board, superseded by an extraterritorial zoning ordinance adopted pursuant to the Wisconsin Statues, or extended by the Village Board for a period not to exceed one year, pursuant to the Wisconsin Statutes.
(9)
Effective date. This section shall become effective upon passage and publication. Within 15 days after its passage, the Village Clerk shall publish this section, in a newspaper having general circulation in the area proposed to be zoned, as a Class 1 Notice, under Chapter 985, Wisconsin Statutes, and the Village Clerk shall mail a certified copy of this section to the Clerk of Dane County and to the Clerk of the Town of Blue Mounds, and shall file a copy of this section with the Village Plan Commission.
(10)
Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or otherwise invalid by a court of competent jurisdiction, such judgment shall not affect the remainder of this section.
17.21 Appeals to Zoning Board of Appeals.
Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the Village affected by any decision of the administrative officer. Such appeal shall be taken within 30 days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Village Board. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record of appeals upon which the action appealed from was taken.
17.23 Stay of proceedings.
An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
17.24 Powers of Zoning Board of Appeals.
In addition to these powers enumerated elsewhere in this Code of Ordinances, the Board of Appeals shall have the following powers:
(1)
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Village Administrator, his/her designee, or Building Inspector.
(2)
Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.
(3)
Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Village Board has made a review and recommendation.
(4)
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the Village Board has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.
(5)
Unclassified uses. To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district and the Village Board has made a review and recommendation.
(6)
Temporary uses. To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the Village Board has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the Board of Zoning Appeals and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.
(7)
Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.
17.25 Hearing on appeals.
The Board of Appeals shall fix a reasonable time for the hearing, cause, notice thereof to be published in the official newspaper not less than seven days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five days prior to the hearing of the fee owners of records of all land within 200 feet of any part of the subject building or premises involved in the appeal.
17.26 Decisions of Board of Appeals.
(1)
Time frame. The Board of Appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant and the Village Administrator, or his/her designee.
(2)
Conditions. Conditions may be placed upon any zoning permit ordered or authorized by this Board.
(3)
Validity. Variances, substitutions or use permits granted by the Board shall expire within six months unless substantial work has commenced pursuant to such grant.
17.27 Variations.
(1)
Purpose.
(a)
A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this chapter would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to nonconforming use brings that use into conformance with the district and zoning requirements.
(b)
The Board of Appeals may authorize, upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by state law.
(c)
For the purposes of this section, "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
(2)
Application for variation. The application for variation shall be filed with the Building Inspector. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:
(a)
Name and address of applicant and all abutting and opposite property owners of record.
(b)
Statement that the applicant is the owner or the authorized agent of the owner of the property.
(c)
Address and description of the property.
(d)
A site plan showing an accurate depiction of the property.
(e)
Additional information required by the Village Engineer, Village Board, Zoning Board of Appeals or Village Administrator, or his/her designee.
(f)
Fee receipt in the amount as provided in the Village Fee Schedule is required.
[Amended 2-2-2006 by Ord. No. 2005-06; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(3)
Public hearing of application. The Board of Appeals shall conduct at least one public hearing on the proposed variation. Notice of such hearing shall be given not more than 30 days and not less than 10 days before the hearing in one or more of the newspapers in general circulation in the Village, and shall give due notice to the parties in interest, the Building Inspector, and the Village Board. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. The Board of Appeals shall thereafter reach its decision within 30 days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant.
(4)
Action of the Board. For the Board of Appeals to grant a variance, it must find that:
(a)
Denial of variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.
(b)
The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
(c)
The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.
(d)
The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.
(e)
The proposed variation will not undermine the spirit and general and specific purposes of this chapter.
(5)
Conditions. The Board of Appeals on appeal may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.
(6)
Review by court of record. Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the offices of the Board of Appeals.
17.28 Changes and amendments.
[Amended 10-6-1999 by Ord. No. 99-11]
(1)
Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village may, by ordinance, change the district boundaries established by this chapter and the Zoning Map incorporated herein, or amend, change or supplement the text of the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review of the Plan Commission.
(2)
Initiation of changes or amendments. A change or amendment may be initiated by the Village Board, the Plan Commission or by a petition of one or more of the owners or lessees of property or contractual interest within the area proposed to be changed.
(3)
Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Administrator, or his/her designee, and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
(4)
Recommendations. The Plan Commission shall hold a public hearing as provided for in § 62.23(7)(d), Wis. Stats., and review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made in writing to the Village Board.
(5)
Village Board's action. Following such hearing, the Plan Commission shall make a recommendation on the proposed ordinance effecting the proposed change or amendment. The Village Board shall then review the recommendation and make its determination.
(6)
Protest. In the event of a protest against an amendment to the text of the regulations of this chapter or a protest against an amendment to the zoning map, the Village shall follow state law.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(7)
Conditions on rezoning.
(a)
The Plan Commission may recommend, and the Village Board may adopt, an ordinance effecting an amendment of the Zoning District Map containing the condition that the change in map will take effect on a certain date occurring after the Board approval of the amendment; when a restrictive covenant is not recorded by such time as stated in the ordinance, the possibility of making effective the rezoning will then be terminated.
(b)
Conditions specified to be in such required covenants shall be related to the purposes of the ordinance. They may include, as specific cases warrant, limits of permissible uses to less than the full range of uses otherwise allowable in the district into which the land is being placed. Enforcement rights over such covenant controls shall be afforded to the Village and owners of property within 300 feet of the site. The covenant controls shall be amendable or repealable upon petition of the owner of the lands subject to the controls, and approval by the Village Board, after a hearing similar to the rezoning hearing. A rezoning of the lands to a different zoning district shall act to repeal the covenant controls. Except as provided above, the covenants shall run with the land.
(c)
Other similar controls appropriate to handling by covenant provisions also may be imposed.
17.29 Zoning Ordinance amendment and conditional use permit application and fees.
[Amended 10-6-1999 by Ord. No. 99-11]
(1)
General. Application for a Zoning Ordinance amendment, a conditional use permit, or an application to amend the regulations of this chapter, shall be made on Village forms and shall be filed by or on behalf of the owner or owners of the property affected. Except as provided in Subsection (2) following, each application shall include a nonrefundable fee as provided in the Village Fee Schedule, payable to the Village. There shall be no such fee, however, in the case of applications filed in the public interest by members of the Village Board or by the Plan Commission.
[Amended 6-7-2000 by Ord. No. 2000-10; 2-2-2006 by Ord. No. 2005-06; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(2)
Planned development district fees. Each application to amend this chapter to create a planned development district, or an application for a conditional use permit in a planned development district, shall be accompanied by a nonrefundable fee, as provided in the Village Fee Schedule.
[Amended 6-7-2000 by Ord. No. 2000-10; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(3)
Professional fees. In addition to the fees required under Subsections (1) and (2) above, each applicant under this section shall reimburse the Village for all professional fees, including reasonable engineering, planning consultant, and legal review fees, incurred by the Village in connection with such application.
[Added 6-7-2000 by Ord. No. 2000-10; amended 2-2-2006 by Ord. No. 2005-06]
(4)
Reimbursement agreement. The Village may require a reimbursement agreement of any amount deemed appropriate by Village staff prior to consideration of any application.
[Added at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(5)
Reapplication.
(a)
If a property owner or other applicant withdraws a Zoning Ordinance amendment application or conditional use permit application after the Plan Commission has moved to recommend that the Village Board deny such application, or to recommend that such application be approved but with modifications, restrictions, or conditions, no subsequent application for the same Zoning Ordinance amendment or conditional use permit shall be considered for a period of one year following said Plan Commission recommendation.
(b)
Following the denial of an application for a Zoning Ordinance amendment or conditional use permit, the property owner or other applicant may not reapply for the same Zoning Ordinance amendment or conditional use permit for a period of one year from the date the prior application was denied by the Village Board.
(c)
Subsection (5)(a) and (b) above notwithstanding, a property owner or other applicant may reapply for the same Zoning Ordinance amendment or conditional use permit within the prohibited one-year period if a majority of the Village Board first determines that circumstances or conditions have changed which would warrant a reconsideration of the matter.