Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE IV
Zoning Districts
17.32 District boundaries.
Boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, Village of Mount Horeb, Wisconsin", dated _____/_____/_____,[1] which accompanies and is part of this chapter. Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines, lot or property lines; center lines of streets, highways, alleys, easements, and railroad rights-of-way, or such lines extended; unless otherwise noted on the Zoning Map.
[1]
Editor's Note: So in original.
17.33 Vacation of streets.
Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
17.34 Annexations.
Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance temporarily places the land in another district. Within one year of the date of annexation, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.
17.35 Zoning Map.
[Amended 5-7-2003 by Ord. No. 2003-11]
(1)
The Zoning Map shall be adopted and approved as part of this chapter, and shall be available to the public in the office of the Village Administrator, or his/her designee, and the office of the Village Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(2)
A change to the zoning classification of property shall be effective on the effective date of an ordinance changing the zoning classification of such property. The Village Administrator shall regularly update the Zoning Map to incorporate any such changes.
17.36 Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as follow such lot lines.
(3)
Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.
(4)
Boundaries indicated as approximately following the center lines of streams, rivers, or other bodies of water shall be construed to follow such center lines.
(5)
Boundaries indicated as parallel to or extension of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
17.37 R-1 Single-Family Residential District.
(1)
Uses permitted.
(a)
Single-family dwellings and accessory buildings and uses.
(b)
Customary home occupations, including professional home offices, provided not more than one nameplate or sign not more than three square feet in area is used in connection with the professional or occupational use. Home office signs may not be lighted.
[Amended 4-19-2005 by Ord. No. 2005-04]
(c)
Public parks, golf courses, playgrounds and recreation areas.
(d)
Cemeteries.
(e)
Home day-care provider.
[Added 9-6-2006 by Ord. No. 2006-20]
(f)
Selective cutting [per § 17.20(2)(f)].
[Added 2-3-2010 by Ord. No. 2010-01]
(2)
Uses, conditional.
(a)
Churches and schools.
(b)
Private golf courses.
(c)
Swimming pools (public).
(d)
Group homes having a capacity for eight or fewer persons.
(f)
Public schools.
(g)
Government buildings.
(h)
Essential service structures, including but not limited to structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(i)
Barbershops and beauty parlors, subject to conditions of Article X, Home Occupations.
[Added 8-14-2007 by Ord. No. 2007-16]
(j)
Cultivation [per § 17.20(2)(a)].
[Added 2-3-2010 by Ord. No. 2010-01]
(k)
Clear-cutting [per § 17.20(2)(g)].
[Added 2-3-2010 by Ord. No. 2010-01]
(l)
Community gardens [per § 17.20(2)(i)].
[Added 2-3-2010 by Ord. No. 2010-01]
(m)
Market gardens [per § 17.20(2)(j)].
[Added 2-3-2010 by Ord. No. 2010-01]
(3)
Lot, yard, and building requirements (See Chart 1).[2]
[2]
Editor's Note: Chart 1 is included as an attachment to this chapter.
(4)
Allowable accessory uses.
[Added 2-3-2010 by Ord. No. 2010-01; amended 9-5-2018 by Ord. No. 2018-08]
(a)
Gardens [per § 17.20(2)(h)].
17.38 R-2 Residential District.
(1)
Uses permitted.
[Amended 4-5-2006 by Ord. No. 2006-08]
(a)
Any use permitted in the R-1 Residential District.
(b)
Two-family dwellings.
(c)
Selective cutting [per § 17.20(2)(f)].
[Added 2-3-2010 by Ord. No. 2010-01]
(2)
Uses, conditional.
[Amended 4-5-2006 by Ord. No. 2006-08]
(a)
Any conditional use allowed in the R-1 Residential District.
(d)
Medical or dental clinics not to exceed five employees.
(e)
Private golf courses.
(f)
Bed-and-breakfasts.
(g)
Community-based residential facility (CBRF).
(h)
Government buildings.
(i)
Essential service structures, including but not limited to structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(j)
Group homes having a capacity for eight or fewer persons.
(k)
Cultivation [per § 17.20(2)(a)].
[Added 2-3-2010 by Ord. No. 2010-01]
(l)
Clear-cutting [per § 17.20(2)(g)].
[Added 2-3-2010 by Ord. No. 2010-01]
(m)
Community gardens [per § 17.20(2)(i)].
[Added 2-3-2010 by Ord. No. 2010-01]
(n)
Market gardens [per § 17.20(2)(j)].
[Added 2-3-2010 by Ord. No. 2010-01]
(3)
Lot, yard, and building requirements (see Chart 1).[3]
[3]
Editor's Note: Chart 1 is included as an attachment to this chapter.
(4)
Allowable accessory uses.
[Added 2-3-2010 by Ord. No. 2010-01; amended 9-5-2018 by Ord. No. 2018-08]
(a)
Gardens [per § 17.20(2)(h)].
17.39 R-3 Multifamily Residential District.
(1)
Uses permitted.
[Amended 4-8-2009 by Ord. No. 2009-02]
(a)
Any use permitted in the R-2 Residential District, except two-family dwellings.
(b)
Multifamily dwellings, limited as follows: maximum 12 dwellings/building.
(c)
Attached single-family townhouses.
(d)
Clubs and lodges, provided such buildings shall be located not less than 50 feet from residential uses.
(e)
Convalescent homes, nursing homes and CBRFs, provided such building shall be located not less than 50 feet from any R-1 Single-Family Residential District or R-2 Residential District.
(f)
Licensed nursery schools and day-care centers.
(g)
Group homes having a capacity for 15 or fewer persons.
(h)
Selective cutting [per § 17.20(2)(f)].
[Added 2-3-2010 by Ord. No. 2010-01]
(2)
Uses, conditional.
(a)
Two-family dwellings.
(b)
Funeral homes.
(c)
Mobile home parks.
(d)
Bed-and-breakfast inns.
(e)
Group homes having a capacity of 16 or more persons.
(f)
Private golf courses.
(g)
Government buildings.
(h)
Essential service structures, including but not limited to structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(i)
Cultivation [per § 17.20(2)(a)].
[Added 2-3-2010 by Ord. No. 2010-01]
(j)
Clear-cutting [per § 17.20(2)(g)].
[Added 2-3-2010 by Ord. No. 2010-01]
(k)
Community gardens [per § 17.20(2)(i)].
[Added 2-3-2010 by Ord. No. 2010-01]
(l)
Market gardens [per § 17.20(2)(j)].
[Added 2-3-2010 by Ord. No. 2010-01]
(3)
Lot, yard, and building requirements (see Chart 1).[1]
[1]
Editor's Note: Chart 1 is included as an attachment to this chapter.
(4)
Allowable accessory uses.
[Added 2-3-2010 by Ord. No. 2010-01]
(a)
Gardens [per § 17.20(2)(h)].
17.40 R-4 Elderly Housing Residential District.
(1)
Purpose.
(a)
The R-4 District is established, pursuant to state and federal regulations, to accommodate elderly persons, in dwellings of up to 24 one-bedroom and two-bedroom units used exclusively for the elderly, except that no more than three units thereof may be rented to handicapped persons and only one occupant of such unit need be handicapped.
(b)
This section recognizes the validity of § 106.04, Wis. Stats.,[1] which was especially created to allow discrimination on the basis of age and being handicapped in relation to housing designed to meet the needs of "low-income housing," which includes elderly and handicapped individuals. This chapter further recognizes the applicable federal statute Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 to 6107, wherein § 6103(b)(2) of the Act, as interpreted by 45 CFR 90.3(b), describes such federally assisted programs and allows discrimination and allows that local ordinances may provide for such zoning discrimination both as to elderly and handicapped, among others. Section 42 U.S.C. § 1437(a)(1) and (2) provides for federal housing assistance payments and defines such persons who shall be eligible to receive the same.
[1]
Editor's Note: Section 106.04, Wis. Stats., was repealed by 2017 Act 59, § 1395, effective September 23, 2017.
(2) DISABLED ELDERLY HANDICAPPED
Definitions. For purposes of this section, and relying on the applicable state and federal statutes heretofore cited, the following terms shall have the meanings indicated:
See "handicapped."
Any person 62 years of age or older.
A person with any physical disability or developmental disability as defined under § 51.01, Wis. Stats., 42 U.S.C. § 1437(a)(2) or 42 U.S.C. § 423 (Section 223 of the Social Security Act).
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(3)
Provisions for and installation of equipment. Such dwellings shall be provided with and have installed the following:
(a)
Smoke alarms and automatic fire sprinkler systems. Such systems servicing the dwellings shall, in all respects, comply with this Municipal Code and state laws.
(b)
At least one state-code-approved elevator for any such dwelling over one story in height.
(c)
An architecturally and Building Inspector approved apartment security designed intercommunication system with an emergency call system.
(4)
Resident manager required. Such dwellings shall be provided with one resident manager who, by agent or otherwise, shall be on call 24 hours a day, 365 days a year.
(5)
Lot, yard, and building requirements (see Chart 1).[2]
[2]
Editor's Note: Chart 1 is included as an attachment to this chapter.
17.41 NB Neighborhood Business District.
[Amended 7-11-2007 by Ord. No. 2007-05]
(1)
Description and purpose. This district is intended to permit small-scale commercial development which is compatible with the desired overall neighborhood community character of the area in general, and with adjacent residential development in particular. The desired neighborhood community character of the development is attained through landscape surface area ratio (LSR) requirements, and by restricting the maximum building size (MBS) of all buildings within each instance of this district to 5,000 square feet. Significant areas of landscaping are required in this district to ensure that this effect is achieved. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street. This district is used to provide both convenience-oriented goods and services and for the permanent protection of adjacent residential areas by permitting only a limited range of commercial activities. Together, these requirements ensure that the desired character is maintained as long as the NB District designation is retained, regardless of how much development occurs within that area.
(2)
Neighborhood business architectural requirements.
(a)
Maximum zoning district: two acres.
(b)
Minimum zoning district separation: 2,000 feet.
(c)
All new Neighborhood Business (NB) Districts shall be established through the conditional rezoning process. Under this approach, the Neighborhood Business District shall not be vested until the approved project has been completed.
(d)
Maximum building size: 5,000 square feet on first floor; 5,000 square feet on second floor; 5,000 square feet on third floor.
(e)
No parking in required setbacks for principal buildings.
(f)
Residential architectural and landscaping requirements include foundation planting, pitched roof, 15% window covering, natural materials (brick, wood, stone), landscaping around all parking areas adjacent to streets.
(g)
Minimum landscape surface ratio: 40%.
(h)
Operating hours: no earlier than 6:00 a.m. or later than 11:00 p.m.
(i)
Shall provide a neighborhood-oriented amenity, per Plan Commission direction (i.e., outdoor neighborhood gathering area, public art, etc.).
(3)
List of allowable principal land uses.
[Amended 2-3-2010 by Ord. No. 2010-01]
(a)
Uses permitted.
Single-family: 10,000 square feet lot [per § 17.20(1)(a)1] |
Selective cutting [per § 17.20(2)(f)] |
Passive outdoor public recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Public services and utilities [per § 17.20(3)(e)] |
Office [per § 17.20(4)(a)] |
Personal or professional services [per § 17.20(4)(b)] |
Indoor sales or service [per § 17.20(4)(c)] |
Indoor maintenance service [per § 17.20(4)(e)] |
(b)
Uses, conditional.
Twin house/duplex: 6,000 square feet per dwelling unit [per § 17.20(1)(a)2 and 3] |
Two-flat: 10,000 square feet lot [per § 17.20(1)(a)4] |
Group developments (per § 17.63) |
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor institutional [per § 17.20(3)(c)] |
Outdoor institutional [per § 17.20(3)(d)] |
Institutional residential [per § 17.20(3)(f)] |
Community living arrangement (one to eight residents) [per § 17.20(3)(g)] |
Community living arrangement (nine to 15 residents) [per § 17.20(3)(h)] |
Community living arrangement (16+ residents) [per § 17.20(3)(i)] |
In-vehicle sales or service [per § 17.20(4)(g)], except that drive-through restaurants are not permitted |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Outdoor commercial entertainment [per §17.20(4)(i)] [Added at time of adoption of Code (see Ch. 1, General Government, Art. V)] |
Bed-and-breakfast establishments [per § 17.20(4)(l)] |
Group day-care center (9+ children) [per § 17.20(4)(m)] |
Boardinghouse [per § 17.20(4)(o)] |
(4)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Farm residence [per § 17.20(8)(b)] |
Private residential garage or shed [per § 17.20(8)(c)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreational facility [per § 17.20(8)(o)] |
(b)
Uses, conditional.
In-vehicle sales and service [per § 17.20(4)(g)] |
Commercial apartment [per § 17.20(8)(a)] |
Light industrial incidental to indoor sales [per § 17.20(8)(h)] |
(5)
List of allowable temporary uses.
General temporary outdoor sales [per § 17.20(9)(a)] |
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
Outdoor sales of farm products [per § 17.20(9)(g)] |
(7)
Regulations applicable to residential uses. For single-family dwellings, see the R-1 District. For two-family dwellings, see the R-2 District.
(8)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements.
Maximum number of floors (F): three |
Minimum landscape surface ratio (LSR): 40% |
Maximum floor area ratio (FAR): 0.275 |
Maximum building size (MBS): 5,000 square feet |
(b)
Nonresidential bulk requirements.
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot width: 75 feet; minimum street frontage: 50 feet.
3.
Minimum setbacks.
a.
Building to front or street side lot line: 20 feet.
b.
Building to residential side lot line: eight feet, 20 feet combined.
c.
Building to residential rear lot line: 25 feet.
d.
Building to nonresidential side lot line: eight feet, 20 feet combined.
e.
Building to nonresidential rear lot line: 25 feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
j.
Minimum building separation: 16 feet.
4.
Maximum building height: 35 feet.
17.42 PB Planned Business District.
[Amended 7-11-2007 by Ord. No. 2007-05]
(1)
Description and purpose. This district is intended to permit large- and small-scale commercial development which is compatible with the desired overall community character of the area in general. Significant areas of landscaping are required in this district to ensure that this effect is achieved. A wide range of office, retail, and lodging land uses are permitted within this district. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street. This district is intended to provide the principal zoning district for commercial development which occurs after the adoption of this chapter. The standards of this district are designed to provide a clear distinction from the General Business and Central Business Districts in terms of permitted intensity of development, treatment of outdoor sales, and required green space areas. The desired suburban community character of the development is attained through the landscape surface area ratio (LSR) requirements. Together, these requirements ensure that the desired community character is maintained as long as the Planned Business District designation is retained, regardless of how much development occurs within that area.
(2)
List of allowable principal land uses.
(a)
Uses permitted.
[Amended 2-3-2010 by Ord. No. 2010-01]
Selective cutting [per § 17.20(2)(f)] |
Passive outdoor public recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Public services and utilities [per § 17.20(3)(e)] |
Office [per § 17.20(4)(a)] |
Personal or professional services [per § 17.20(4)(b)] |
Indoor sales or service [per § 17.20(4)(c)] |
Indoor maintenance service [per § 17.20(4)(e)] |
(b)
Uses, conditional.
Group developments (per § 17.63) |
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor institutional [per § 17.20(3)(c)] |
Outdoor institutional [per § 17.20(3)(d)] |
Institutional residential [per § 17.20(3)(f)] |
Outdoor display [per § 17.20(4)(d)] |
In-vehicle sales or service [per § 17.20(4)(g)] |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Outdoor commercial entertainment (per §17.20(4)(i)] [Added at time of adoption of Code (see Ch. 1, General Government, Art. V)] |
Commercial animal boarding [per § 17.20(4)(j)] |
Commercial indoor lodging [per § 17.20(4)(k)] |
Bed-and-breakfast establishments [per § 17.20(4)(l)] |
Group day-care center (9+ children) [per § 17.20(4)(m)] |
Vehicle repair and maintenance [per § 17.20(4)(q)] |
Personal storage facility [per § 17.20(5)(c)] [Added 5-6-2009 by Ord. No. 2009-07] |
(3)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Commercial apartment [per § 17.20(8)(a)] [Added 7-2-2008 by Ord. No. 2008-12] |
Farm residence [per § 17.20(8)(b)] |
Private residential garage or shed [per § 17.20(8)(c)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreational facility [per § 17.20(8)(o)] |
(b)
Uses, conditional.
Commercial apartment [per § 17.20(8)(a)] |
Company-provided on-site recreation [per § 17.20(8)(e)] |
Outdoor display, incidental [per § 17.20(8)(f)] |
In-vehicle sales and service [per § 17.20(8)(g)] |
Light industrial incidental to indoor sales [per § 17.20(8)(h)] |
(4)
List of allowable temporary uses.
General temporary outdoor sales [per § 17.20(9)(a)] |
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
Outdoor sales of farm products [per § 17.20(9)(g)] |
(6)
Regulations applicable to institutional residential uses. For institutional residential developments, see the R-4 District.
(7)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements:
Maximum number of floors (F): four |
Minimum landscape surface ratio (LSR): 25% |
Maximum floor area ratio (FAR): 30% |
Maximum building size (MBS): see § 17.63, Group developments |
(b)
Nonresidential bulk requirements:
1.
Minimum lot area: 20,000 square feet.
2.
Minimum lot width: 75 feet; minimum street frontage: 50 feet.
3.
Minimum setbacks.
a.
Building to front or street side lot line: 20 feet.
b.
Building to residential side lot line: 10 feet.
c.
Building to residential rear lot line: 25 feet.
d.
Building to nonresidential side lot line: 10 feet or zero feet on zero lot line side.
e.
Building to nonresidential rear lot line: 25 feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: 10 feet.
j.
Minimum building separation: 20 feet or zero feet on zero lot line side.
4.
Maximum building height: 45 feet.
17.43 CB Central Business District.
[Amended 7-11-2007 by Ord. No. 2007-05]
(1)
Description and purpose. This district is intended to permit both large- and small-scale downtown commercial development at an intensity which provides significant incentives for in-fill development, redevelopment, and the continued economic viability of existing development. To accomplish this effect, minimum landscape surface ratios (LSRs) permitted in this district are much lower than those allowed in the Planned Business and General Business Districts. A wide range of office, retail, and lodging land uses are permitted within this district. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street. No requirements for on-site landscaping or parking are required in this district. This district is strictly limited to the central Village locations. This district is intended to provide an alternative, primarily in-fill development, designation for commercial activity to the Planned Business (PB) District to assist in maintaining the long-term viability of the central Village.
(2)
List of allowable principal land uses.
(a)
Uses permitted.
[Amended 2-3-2010 by Ord. No. 2010-01]
Selective cutting [per § 17.20(2)(f)] |
Passive outdoor public recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Public services and utilities [per § 17.20(3)(e)] |
Office [per § 17.20(4)(a)] |
Personal or professional services [per § 17.20(4)(b)] |
Indoor sales or service [per § 17.20(4)(c)] |
Indoor maintenance service [per § 17.20(4)(e)] |
Off-site parking lot [per § 17.20(6)(a)] |
(b)
Uses, conditional.
Group developments (per § 17.63) |
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor institutional [per § 17.20(3)(c)] |
Outdoor institutional [per § 17.20(3)(d)] |
Institutional residential [per § 17.20(3)(f)] |
Outdoor display [per § 17.20(4)(d)] |
In-vehicle sales or service [per § 17.20(4)(g)] |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Outdoor commercial entertainment [per § 17.20(4)(i)] |
Commercial indoor lodging [per § 17.20(4)(k)] |
Bed-and-breakfast establishments [per § 17.20(4)(1)] |
Group day-care center (9+ children) [per § 17.20(4)(m)] |
Boarding house [per § 17.20(4)(o)] |
(3)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Commercial apartment [per § 17.20(8)(a)] |
Private residential garage or shed [per § 17.20(8)(c)] |
Company cafeteria [per § 17.20(8)(d)] |
Company provided on-site recreation without night lighting [per § 17.20(8)(e)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreational facility [per § 17.20(8)(o)] |
(b)
Uses, conditional
Company provided on-site recreation with night lighting [per § 17.20(8)(e)] |
In-vehicle sales and service [per § 17.20(4)(g)] |
Light industrial incidental to indoor sales [per § 17.20(8)(h)] |
(4)
List of allowable temporary uses.
General temporary outdoor sales [per § 17.20(9)(a)] |
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
Outdoor sales of farm products [per § 17.20(9)(g)] |
(6)
Regulations applicable to institutional residential uses. For institutional residential developments, see the R-4 District.
(7)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements.
Maximum number of floors (F): four |
Minimum landscape surface ratio (LSR): 0% |
Maximum floor area ratio (FAR): 3.00 |
Maximum building size (MBS): not applicable |
(b)
Nonresidential bulk requirements.
1.
Minimum lot area: 2,000 square feet.
2.
Minimum lot width: 24 feet.
3.
Minimum setbacks (minimums, except where noted as maximum, below):
a.
Building to front or street side lot line: zero feet maximum*.
b.
Building to residential side lot line: zero feet maximum*.
c.
Building to residential rear lot line: zero feet.
d.
Building to nonresidential side lot line: zero feet maximum*.
e.
Building to nonresidential rear lot line: zero feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: zero feet*.
j.
Minimum building separation: zero feet*.
4.
Maximum building height: 50 feet, minimum building height: 20 feet.
5.
Minimum number of off-street parking spaces required on the lot: on-site parking is not required in the CB District, unless identified as a requirement for a conditional use permit or planned development.
* | Maximum permitted setback of zero feet, except where permitted by the Plan Commission as an essential component of site design. |
(8)
Standards. No person shall perform, cause, or permit the exterior construction, alteration or remodeling or the removal, movement, or demolition of any building, structure, or other improvement on premises located within the CB Central Business District without determination from the Plan Commission that the proposed development or alteration corresponds with the typical existing layout of the Central Business District and is compatible with the existing characteristics of the area and/or original design of the improvement. In its determination, the Plan Commission shall take into consideration the special character of the downtown and shall promote the preservation of the traditional Main Street facade and its elements of design and architectural features. Those features would include, but would not be limited to,: building width, the rhythmic characteristic pattern of bays or windows, building heights, horizontal bands or elements, proportions of new buildings to old, proportion and window proportion, rhythm of solids and voids, materials and color, parking, and side, front and rear setbacks. All considerations will promote the historic and architectural qualities of the downtown and act to preserve its original distinctive character.
[Added 5-7-2008 by Ord. No. 2008-07]
17.431 Main Street Business District.
[Added 5-6-2009 by Ord. No. 2009-14]
(1)
Description and purpose. This district is intended to permit small-scale commercial development which is compatible with the desired overall neighborhood character of the area predominantly east of downtown, where large old homes have been converted to business uses. This district is used to provide for a range of goods and services and for the protection of residential character adjacent to downtown. Together, these requirements ensure that the desired character is maintained as long as the MSB District designation is retained, regardless of how much development occurs within that area. The existing (prior to May 6, 2009) configuration of any building and/or paving located within the MSB District is hereby made fully legal and conforming.
(2)
Main Street Business architectural requirements.
(a)
Maximum zoning district: not applicable.
(b)
Minimum zoning district separation: not applicable.
(c)
Maximum building size: none.
(d)
No parking between principal building and Main Street.
(e)
Residential architecture and landscaping requirements include: foundation planting, pitched roof, 15% window covering, natural materials (brick, wood, stone), landscaping around all parking areas adjacent to streets.
(3)
List of allowable principal uses.
(a)
Uses permitted.
Single-family: 10,000 square feet lot [per § 17.20(1)(a)1] |
Two-flat: 10,000 square feet lot [per § 17.20(1)(a)4] |
Selective cutting [per § 17.20(2)(f)] [Added 2-3-2010 by Ord. No. 2010-01] |
Passive outdoor recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Public services and utilities [per § 17.20(3)(e)] |
Office [per § 17.20(4)(a)] |
Personal or professional services [per § 17.20(4)(b)] |
Indoor sales or service [per § 17.20(4)(c)] |
Indoor maintenance service [per § 17.20(4)(e)] |
(b)
Uses, conditional.
[Amended 10-3-2018 by Ord. No. 2018-11]
Accessory building in excess of 15 feet in height |
Twin house/duplex: 6,000 square feet per du [per § 17.20(1)(a)2 and 3] |
Group developments (per § 17.63) |
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor institutional [per § 17.20(3)(c)] |
Outdoor institutional [per § 17.20(3)(d)] |
Institutional residential [per § 17.20(3)(f)] |
Community living arrangement (one to eight residents) [per § 17.20(3)(g)] |
Community living arrangement (nine to 15 residents) [per § 17.20(3)(h)] |
Community living arrangement (16+ residents) [per § 17.20(3)(i)] |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Outdoor commercial entertainment (per §17.20(4)(i)] [Added at time of adoption of Code (see Ch. 1, General Government, Art. V)] |
Bed-and-breakfast establishments [per § 17.20(4)(k)] |
Group day-care center (9+ children) [per § 17.20(4)(m)] |
Boarding house [per § 17.20(4)(o)] |
(4)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Private residential garage or shed [per § 17.20(8)(c)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreation facility [per § 17.20(8)(o)] |
(b)
Uses, conditional.
Commercial apartment [per § 17.20(8)(a)] |
Light industrial incidental to indoor sales [per § 17.20(8)(h)] |
(5)
List of allowable temporary uses.
General temporary outdoor sales [per § 17.20(9)(a)] |
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
Outdoor sales of farm products [per § 17.20(9)(g)] |
(7)
Regulations applicable to residential uses. For single-family dwellings, see the R-1 District. For two-family dwellings, see the R-2 District.
(8)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements:
Maximum number of floors (F): three |
Minimum landscape surface ratio: 10% |
Maximum floor area ratio (FAR): 1.5 |
Maximum building size (MBS): not applicable |
(b)
Nonresidential bulk requirements:
1.
Minimum lot area: 2,400 square feet.
2.
Minimum lot width: 24 feet.
3.
Minimum setbacks.
a.
Building to front or street side lot line: as existing as of January 1, 2009.
b.
Building to residential side lot line: eight feet, except shall be zero feet from side yard at which the common wall of zero lot line dwelling is located.
c.
Building to residential rear lot line: 30 feet.
d.
Building to nonresidential side lot line: eight feet, except shall be zero feet from side yard at which the common wall of zero lot line dwelling is located.
e.
Building to nonresidential rear lot line: 20 feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: five feet to side, five feet to rear, as existing as of January 1, 2009.
j.
Minimum building separation: zero feet.
4.
Maximum building height: 40 feet; minimum building height: 20 feet.
5.
Minimum number of off-street parking spaces required on the lot: on-site parking is not required for Main Street District, unless identified as a requirement for a conditional use permit or planned development.
INDUSTRIAL DISTRICTS |
|---|
Industrial District regulations govern the location, intensity, and method of development of the industrial areas of Mount Horeb. The regulations are designed to provide for the grouping together of industries that are compatible to one another and that are not objectionable to the community as a whole. The regulations are intended to preserve lands for industrial and allied uses and prohibit the intrusion of residential and other noncompatible uses into the industrial areas. |
For purposes of determining the restrictiveness of the two industrial zoning classifications, I-1 shall be considered the most restrictive (highest) industrial district, and I-2 shall be considered the least restrictive (lowest) industrial district. |
17.44 I-1 Restricted Industrial District.
The I-1 Restricted Industrial District is intended to control the development of lands to be used by industrial firms that have high standards of performance and that can locate in close proximity to business uses, and in locations convenient to residential areas, without creating nuisances. The district regulations are designed to permit the operations of most manufacturing, wholesaling, and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses are permitted that service the industrial uses within the industrial area or that do not depend upon intensive visits of retail customers. In this district, outdoor storage must be completely screened and all industrial operations must be in an enclosed building.
(1)
Permitted uses. Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the I-1 Restricted Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder shall be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of a) uses lawfully established prior to the effective date of this chapter; or b) conditional uses in compliance with the provisions of Article V. The following uses constitute the only permitted uses in the I-1 Zoning District.
(a)
Industrial uses.
1.
Bakeries; manufacturing.
2.
Cabinetmakers.
3.
Crematories.
4.
Dry-cleaning establishments, with central plan serving more than one retail outlet.
5.
Exterminating and fumigating establishments.
6.
Glazing shops.
7.
Launderers, industrial.
8.
Laundries, with central plan serving more than one retail outlet.
9.
Medical research facilities.
10.
Ornamental ironworks shops.
11.
Print shops.
12.
Printing, publishing, and lithography industries.
13.
Sheet metal shops.
(c)
Service uses.
1.
Ambulance service garages.
2.
Animal shelters/kennels.
3.
Automobile diagnostic centers and clinics.
4.
Automobile driving schools.
5.
Automobile rentals.
6.
Automobile repair garages.
7.
Automobile (car) washes.
8.
Blueprinting and copying establishments.
9.
Cartage and express facilities.
10.
Credit unions.
11.
Dental or medical laboratories.
12.
Electrical shops.
13.
Furniture cleaning, upholstering, and repair.
14.
Linen, towel, diaper, and similar supply services.
15.
Newspaper distribution agencies.
16.
Packing and crating services.
17.
Parcel pickup and delivery services.
18.
Taxidermists.
(d)
Retail business uses.
1.
Automobile accessory stores.
2.
Automobiles sales and service.
3.
Bicycle sales and repair shops.
4.
Boat sales, rentals, storage, and repairs.
5.
Building material supplies, sales, and service.
6.
Camper sales.
7.
Catalog sales and mail order stores.
8.
Greenhouses, retail or wholesale sales.
9.
Heating supplies and fixture sales.
10.
Home supply centers.
11.
Lawnmower sales and repairs.
12.
Motorcycle sales, repairs, and service.
13.
Nurseries, retail or wholesale sales.
14.
Plumbing supplies and fixture sales.
15.
Retail outlet stores, accessory to a manufacturing or wholesale establishment.
16.
Septic tank sales.
17.
Snowmobile sales and service.
18.
Tire, battery, and accessory dealers.
19.
Truck and trailer sales and rentals.
[Added 11-1-2000 by Ord. No. 2000-13]
20.
Recreational vehicle sales and service.
[Added 11-1-2000 by Ord. No. 2000-13]
21.
Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers.
[Added 11-1-2000 by Ord. No. 2000-13]
(f)
Agricultural uses.
1.
Agricultural buildings and structures.
2.
Selective cutting [per § 17.20(2)(f)].
[Amended 2-3-2010 by Ord. No. 2010-01]
(2)
Similar and compatible uses to those allowed as permitted uses in this district. Determination of "similar and compatible" to be made by the Plan Commission.
(3)
Conditional uses. Conditional uses, as hereinafter listed, may be allowed subject to the issuance of conditional use permits in accordance with the provisions of Article V. The following uses constitute the only conditional uses in the I-1 Zoning District:
(a)
Industrial uses.
1.
Automobile paint and body shops.
2.
Automobile undercoating services.
3.
Bottling works.
4.
Chemical processing and production.
5.
Dairy products manufacturing.
6.
Electroplating industries.
7.
Food processing and platting.
8.
Machine shops.
9.
Motor freight terminals.
10.
Pharmaceutical industries and research.
11.
Plastics manufacturing.
12.
Research and development laboratory facilities.
13.
Scientific research laboratories; including research, product development, pilot plants, and research manufacturing facilities.
14.
Stone companies.
15.
All manufacturing and industrial activities, not mentioned heretofore, which can be conducted within wholly enclosed buildings and which conform to this district's performance standards.
(h)
Essential service structures, including, but not limited to, structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(i)
Similar and compatible uses to those allowed as conditional uses in this district. Determination of "similar and compatible" shall be made by the Plan Commission.
(j)
Agricultural uses.
[Added 2-3-2010 by Ord. No. 2010-01]
1.
Cultivation [per § 17.20(2)(a)].
2.
Community garden [per § 17.20(2)(i)].
3.
Market garden [per § 17.20(2)(j)].
4.
Clear-cutting [per § 17.20(2)(g)].
(4)
Accessory uses. Uses accessory and incidental to the operation of an approved use listed heretofore shall be allowed in the I-1 Zoning District only if in compliance with Article III.
(a)
Agricultural uses.
[Added 2-3-2010 by Ord. No. 2010-01]
1.
Garden [per § 17.20(2)(h)].
17.45 I-2 General Industrial District.
The I-2 General Industrial District is intended to provide lands for development by most types of manufacturing firms. Industrial and ancillary operations are permitted only in a clean and quiet manner and only if in compliance with the district's industrial performance standards.
(1)
Permitted uses. Permitted uses of land or buildings, as hereinafter enumerated, shall be permitted in the I-2 General Industrial District only in accordance with conditions specified. Only those uses specifically listed hereunder shall be considered permitted uses, and no building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of a) uses lawfully established prior to the effective date of this chapter; or b) conditional uses in compliance with the provisions of Article V. The following uses constitute the only permitted uses in the I-2 Zoning District:
(a)
Industrial uses.
1.
All manufacturing and industrial activities, including the fabrication, processing, assembly, disassembly, repairing, cleaning, servicing, testing, packaging and storage of materials, products and goods that can be conducted within enclosed buildings. All uses must conform to the performance standards of this section.
2.
Automobile paint shops.
3.
Automobile undercoating services.
4.
Bakeries, manufacturing.
5.
Bottling works.
6.
Building material supplies.
7.
Butane distributors and sales.
8.
Cabinetmakers.
9.
Chemical processing and production.
10.
Dairy products manufacturing.
11.
Dry-cleaning establishments, with central plant serving more than one retail outlet.
12.
Electroplating industries.
13.
Exterminating and fumigating shops.
14.
Food processing and packing.
15.
Glazing shops.
16.
Laundries, industrial.
17.
Laundries, with central plant serving more than one retail outlet.
18.
Lumber companies and/or yards.
19.
Machine shops.
20.
Ornamental ironworks shops.
21.
Pharmaceutical industries and research.
22.
Plastics manufacturing.
23.
Print shops.
24.
Printing, publishing, and lithography establishments.
25.
Research and development laboratory facilities.
26.
Scientific research laboratories, including research, product development, pilot plants, and research manufacturing facilities.
27.
Sheet metal shops.
28.
Sign contractors.
29.
Welding shops.
30.
Wood products manufacturing.
(c)
Service uses.
1.
Blueprinting and photostatting.
2.
Cartage and express facilities.
3.
Credit unions.
4.
Electrical shops.
5.
Furnace supplies and services.
6.
Furniture cleaning, upholstering, and repair.
7.
Linen towel, diaper, and similar supply services.
8.
Packing and crating services.
9.
Parcel delivery and pickup services.
10.
Towing services.
11.
Water softener services.
12.
Window-cleaning services.
(g)
Agricultural uses.
[Added 2-3-2010 by Ord. No. 2010-01]
1.
Selective cutting [per § 17.20(2)(f)].
(2)
Similar and compatible uses to those allowed as permitted uses in this district. Determination of "similar and compatible" to be made by the Plan Commission.
(3)
Conditional uses. Conditional uses, as hereinafter listed, may be allowed subject to the issuance of conditional use permits in accordance with the provisions of Article V. The following uses constitute the only conditional uses in the I-2 Zoning District:
(a)
Industrial uses.
1.
Motor freight terminals.
2.
Sign contractors.
3.
Brick and clay products manufacturing.
4.
Cement block manufacturing.
5.
Contractor's equipment storage yard.
6.
Foundries (ancillary to principal use).
7.
Heavy machinery production.
8.
Incinerators (ancillary to principal use).
9.
Meat packing, excluding stockyards or slaughterhouses.
10.
Paint products manufacturing.
11.
Paper products manufacturing.
12.
Refuse reduction plants.
13.
Stone companies.
14.
Storage of bulk materials, outdoor.
15.
All manufacturing and industrial activities, not mentioned heretofore, which can be conducted within wholly enclosed buildings and which conform to this district's performance standards.
(g)
Essential service structures, including, but not limited to, structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(h)
Similar and compatible uses to those allowed as conditional uses in this district. Determination of "similar and compatible" shall be made by the Plan Commission.
(i)
Agricultural uses.
[Added 2-3-2010 by Ord. No. 2010-01]
1.
Cultivation [per § 17.20(2)(a)].
2.
Community garden [per § 17.20(2)(i)].
3.
Market garden [per § 17.20(2)(j)].
4.
Clear-cutting [per § 17.20(2)(g)].
(4)
Accessory uses. Uses accessory and incidental to the operation of an approved use listed heretofore shall be allowed in the I-2 Zoning District only if in compliance with Article III.
(a)
Agricultural uses.
[Added 2-3-2010 by Ord. No. 2010-01]
1.
Garden [per § 17.20(2)(h)].
17.451 PI Planned Industrial District.
[Added 1-7-2004 by Ord. No. 2004-02]
(1)
Purpose. This district is intended to permit both large- and small-scale high-quality industrial and office development at an intensity that is consistent with the overall desired Village character of the community through a relatively high minimum landscape surface ratio (LSR) and strong requirements for high-quality buildings. Beyond this objective for community character, the primary distinguishing feature of this district is that it is geared to office, indoor research and high added-value light industrial activities not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a street used exclusively for residential purposes.
(2)
Rationale. This district is intended to provide a location for high quality research and value-added light industrial land uses such as research facilities, corporate or regional headquarters, and certain test production and assembly operations, which are protected from potential nuisances associated with certain development permitted within the other industrial districts. In addition, land uses shall comply with the minimum performance standards presented elsewhere in this chapter.
(3)
Requirements.
[Amended 7-8-2009 by Ord. No. 2009-13]
(a)
List of allowable principal land uses.
[Amended 2-3-2010 by Ord. No. 2010-01]
1.
Principal land uses permitted by right:
Offices, including corporate office headquarters, administrative services and information services. Research facilities, including product research, product development, prototype fabrication and testing, test production, market analysis, and similar activities, at which all operations: |
a.
Are conducted entirely within an enclosed building;
b.
Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;
c.
Do not pose a significant safety hazard (such as danger of explosion); and
d.
Comply with all of the performance standards listed for potential nuisances in this chapter.
Light industrial facilities not associated with research facilities, including assembly, storage and distribution, at which all 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 performance standards listed for potential nuisances in this chapter. |
Personal or professional services providing services directly to an individual on a walk-in or by-appointment basis, including medical clinics, legal offices, business services, financial services, insurance services, real estate services, document production or shipping services, and related land uses; except for barber- and beauty shops and related land uses |
Passive outdoor public recreation, including trails, picnic areas, arboretums and natural areas |
Selective cutting [per § 17.20(2)(f) |
Underground public services and utilities, including utility service lines, distribution lines and substations |
2.
Principal land uses permitted by conditional use. The intent of the PI District is to provide an area primarily oriented to research and corporate office activity, supported by a limited amount of related development. As such, the conditional uses listed below shall be subject to a review that evaluates the compatibility of each proposed conditional use, its location, and its development details, with this intent.
[Amended 2-3-2010 by Ord. No. 2010-01; 4-6-2011 by Ord. No. 2011-03]
Indoor sales and services |
Indoor commercial lodging, including hotels, motels and inns, and associated activities |
Restaurants primarily oriented to table service |
Fitness and wellness centers |
Barber- and beauty shops and related land uses |
Child-care centers, including group day-care centers and preschools |
Institutional residential uses, including senior housing |
Indoor institutional facilities, including government offices, schools, libraries, museums, recreational facilities, religious and fraternal facilities |
Outdoor institutional facilities, including cemeteries and private golf courses and country clubs |
Active outdoor public recreation, including public parks, playgrounds, play courts, play fields, golf courses, fitness courses and swimming pools |
Public services and utilities, including water towers, communication towers, aboveground service and distribution lines and substations |
Clear-cutting of more than 30% of a woodland area |
Cultivation of plants, prior to creation of lots by land division |
Community gardens [per § 17.20(2)(i)] |
Market gardens [per § 17.20(2)(j)] |
Outdoor commercial entertainment [per §17.20(4)(i)] [Added at time of adoption of Code (see Ch. 1, General Government, Art. V)] |
(b)
List of allowable accessory uses:
1.
Accessory land uses permitted by right.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Farm residence |
Private residential garage or shed |
Company cafeteria |
Indoor sales incidental (up to 15% of on-premises gross floor area) to light industrial use |
Home occupation |
On-site parking lot |
Private residential recreational facility |
Drainage structure |
Filling |
Lawn care |
Exterior communication antennas |
2.
Accessory land uses permitted as conditional use:
Company-provided on-site recreation with outdoor illumination |
In-vehicle sales and service, such as drive-up banking |
(c)
List of allowable temporary uses:
1.
Permitted by right.
Outdoor assembly |
Contractor's project office |
Contractor's on-site equipment storage |
Relocatable building |
On-site real estate sales office |
Outdoor sales of farm products |
(d)
Regulations applicable to all uses.
4.
Building design, materials and appearance shall be subject to Plan Commission approval, using the Village's design review process. All buildings located within the PI District shall provide an attractive exterior on all sides of the building. Exterior building materials shall be of decorative masonry, architectural metal, glass, stucco, or related materials that also convey an impression of high quality. Plain block, metal with visible fasteners, plywood, and similar materials that do not convey this impression are prohibited. Concrete panel and tip-up materials may be approved with explicit permission of the Plan Commission, using the Village's design review process.
5.
All loading and storage areas, including equipment storage, shall be located either entirely within a building, or shall be fully concealed within a screening enclosure constructed with the same materials and design as the adjacent building.
(e)
Regulations applicable to residential uses: not applicable.
(f)
Regulations applicable to nonresidential uses. In addition to Subsection (3)(d) above:
1.
Nonresidential intensity requirements:
Maximum number of floors (F): up to five, with sprinkling of third, fourth and fifth floors |
Minimum landscape surface ratio (LSR): 25% of gross site area must be permeable |
Maximum floor area ratio (FAR): 60% of gross site area can be gross floor area |
Minimum zoning district area: 40,000 square feet |
Maximum building size (MBS): not applicable |
2.
Nonresidential bulk requirements.
a.
Minimum lot area: 40,000 square feet (20,000 square feet permitted as a conditional use).
b.
Minimum lot width: 100 feet.
c.
Minimum street frontage: 50 feet.
d.
Minimum setbacks.
1)
Building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
2)
Building to residential side lot line: 30 feet.
3)
Building to residential rear lot line: 30 feet.
4)
Building to nonresidential side lot line: 15 feet.
5)
Building to nonresidential rear lot line: 30 feet.
6)
Side lot line to accessory structure: three feet from property line, 10 feet from alley right-of-way.
7)
Rear lot line to accessory structure: three feet from property line, 10 feet from alley right-of-way.
e.
Required landscaped buffer along zoning district boundary.
f.
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
g.
Minimum building separation: 30 feet.
h.
Maximum building height: 50 feet.
i.
Minimum number of off-street parking spaces required on the lot: see parking requirements per specific land use.
3.
Additional requirements:
[Amended 4-6-2011 by Ord. No. 2011-03]
a.
Building design, materials and appearance shall be subject to Plan Commission approval, using the Village's design review process. All buildings located within the PI District shall provide an attractive exterior on all sides of the building. Exterior building materials shall be of decorative masonry, architectural metal, glass, stucco, or related materials that also convey an impression of high quality. Plain block, metal with visible fasteners, plywood, and similar materials that do not convey this impression are prohibited. Concrete panel and tip-up materials may be approved with explicit permission of the Plan Commission, using the Village's design review process.
b.
All loading and storage areas, including equipment storage, shall be located either entirely within a building, or shall be fully concealed within a screening enclosure constructed with the same materials and design as the adjacent building.
(g)
Regulations applicable to institutional residential uses, including senior housing:
[Added 12-1-2021 by Ord. No. 2021-11]
1.
Residential intensity requirements: See Section 17.63(2)(b)3.
(4) ACTIVE OUTDOOR PUBLIC RECREATION CLEAR-CUTTING COMMERCIAL INDOOR LODGING COMMUNICATION TOWER COMPANY CAFETERIA COMPANY-PROVIDED ON-SITE RECREATION CONTRACTOR'S ON-SITE EQUIPMENT STORAGE CONTRACTOR'S PROJECT OFFICE CULTIVATION DRAINAGE STRUCTURE EXTERIOR COMMUNICATION DEVICES FARM RESIDENCE FILLING GROUP DAY-CARE CENTER (9+ CHILDREN) HOME OCCUPATION INDOOR COMMERCIAL ENTERTAINMENT INDOOR INSTITUTIONAL INCLUDING GOVERNMENT OFFICES, SCHOOLS, LIBRARIES, MUSEUMS, RELIGIOUS AND FRATERNAL FACILITIES INDOOR MAINTENANCE SERVICE INDOOR SALES INCIDENTAL (UP TO 15% OF GROSS FLOOR AREA) TO LIGHT INDUSTRIAL USE INDOOR SALES OR SERVICE INCLUDING RETAILING AND PROFESSIONAL SERVICES INDOOR STORAGE OR WHOLESALING IN-VEHICLE SALES AND SERVICE LAWN CARE LIGHT INDUSTRIAL, INCLUDING RESEARCH AND LIGHT ASSEMBLY(a) (b) (c) (d) OFFICES ON-SITE PARKING LOT ON-SITE REAL ESTATE SALES OFFICE OUTDOOR ASSEMBLY OUTDOOR INSTITUTIONAL OUTDOOR SALES OF FARM PRODUCTS PASSIVE OUTDOOR PUBLIC RECREATION PERSONAL OR PROFESSIONAL SERVICES PUBLIC SERVICES AND UTILITIES RELOCATABLE BUILDING SELECTIVE CUTTING
Definitions. As used in this section, the following terms shall have the meaning indicated:
[Amended 2-3-2010 by Ord. No. 2010-01]
See § 17.20(3)(b).
See § 17.20(2)(g).
See § 17.20(4)(k).
See § 17.20(7)(c).
See § 17.20(8)(d).
See § 17.20(8)(e).
Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.
Includes any structure containing an on-site construction management office for an active construction project.
See § 17.20(2)(a).
These include all improvements including, but not limited to, swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.
(e.g., satellite dishes, ham radio towers, TV antennas) This land use includes any antennas used for communication reception.
See § 17.20(8)(b).
Includes any activity in an area over 4,000 square feet, or greater than 500 cubic yards of fill, involving the modification of the earth's surface above that in its undisturbed state.
See § 17.20(4)(m).
See § 17.20(8)(j).
See § 17.20(4)(h).
See § 17.20(3)(c).
See § 17.20(4)(e).
See § 17.20(8)(h).
See § 17.20(4)(c).
See § 17.20(5)(a).
See § 17.20(4)(g).
Includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with the Village of Mount Horeb Code.
Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations):
Are conducted entirely within an enclosed building;
Are not potentially associated with nuisances, such as odor, noise, heat, vibration, and radiation, which are detectable at the property line;
Do not pose a significant safety hazard (such as danger of explosion); and
Comply with all of the performance standards listed for potential nuisances in this chapter. Light industrial land uses may conduct retail sales activity as an accessory use.
See § 17.20(4)(a).
See § 17.20(8)(n).
Includes any building which serves as an on-site sales office for a development project.
See § 17.20(9)(b).
See § 17.20(3)(d).
See § 17.20(9)(g).
See § 17.20(3)(a).
See § 17.20(4)(b).
See § 17.20(3)(c).
See § 17.20(9)(e).
See § 17.20(2)(f).
17.46 PO Planned Office District.
[Amended 7-11-2007 by Ord. No. 2007-05]
(1)
Description and purpose. This district is intended to permit high-quality office and institutional land uses at an intensity compatible with the overall community character of the Village. A relatively low maximum floor area ratio (FAR) and significant areas of landscaping are required in this district to ensure that this effect is achieved. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street. This district is used to provide for the permanent protection of an area for those who desire a high-quality office environment which maintains the attractiveness of the site and retains enough open land in their development to ensure that the community character is maintained as long as the PO District designation is retained, regardless of how much development occurs within that area.
(2)
List of allowable principal land uses.
(a)
Uses permitted:
Selective cutting [per § 17.20(2)(f)] |
Passive outdoor public recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Public services and utilities [per § 17.20(3)(e)] |
Office [per § 17.20(4)(a)] |
Personal or professional services [per § 17.20(4)(b)] |
(b)
Uses, conditional:
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor institutional [per § 17.20(3)(c)] |
Outdoor institutional [per § 17.20(3)(d)] |
Institutional residential [per § 17.20(3)(f)] |
Group developments (per § 17.63) |
Community living arrangement (nine to 15 residents) [per § 17.20(3)(h)] |
Community living arrangement (16+ residents) [per § 17.20(3)(i)] |
Indoor sales or service [per § 17.20(4)(c)] |
In-vehicle sales or service [per § 17.20(4)(g)], except that drive-through restaurants are not permitted |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Commercial indoor lodging [per § 17.20(4)(k)] |
Group day-care center (9+ children) [per § 17.20(4)(m)] |
Airport/heliport [per § 17.20(6)(b)] |
(3)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Farm residence [per § 17.20(8)(b)] |
Private residential garage or shed [per § 17.20(8)(c)] |
Company cafeteria [per § 17.20(8)(d)] |
Company-provided on-site recreation [per § 17.20(8)(e)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreational facility [per § 17.20(8)(o)] |
(b)
Uses, conditional
In-vehicle sales and service [per § 17.20(4)(g)] |
(4)
List of allowable temporary uses.
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
(6)
Regulations applicable to institutional residential uses. For institutional residential developments, see the R-4 District.
(7)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements:
Maximum number of floors (F): four |
Minimum landscape surface ratio (LSR): 25% |
Maximum floor area ratio (FAR): 0.30 |
Maximum building size (MBS): See § 17.63, Group developments |
(b)
Nonresidential bulk requirements:
1.
Minimum lot area: 20,000 square feet.
2.
Minimum lot width: 75 feet; minimum street frontage: 50 feet.
3.
Minimum setbacks.
a.
Building to front or street side lot line: 20 feet.
b.
Building to residential side lot line: 10 feet.
c.
Building to residential rear lot line: 25 feet.
d.
Building to nonresidential side lot line: 10 feet or zero feet on zero lot line side.
e.
Building to nonresidential rear lot line: 25 feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: 10 feet.
j.
Minimum building separation: 20 feet or zero feet on zero lot line side.
4.
Maximum building height: 45 feet.
17.47 A-1 Agricultural District.
(1)
Purpose. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.
(2)
Permitted uses.
(a)
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards, and feed lots shall not be located in a floodland, and shall be at least 100 feet from any navigable water or district boundary.
(b)
Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the occupants of the premises, provided that such use shall not be located within 300 feet of a dwelling unit other than the dwelling unit on the property in question.
(c)
Cultivation [per § 17.20(2)(a)].
[Added 2-3-2010 by Ord. No. 2010-01]
(d)
Selective cutting [per § 17.20(2)(f)].
[Added 2-3-2010 by Ord. No. 2010-01]
(e)
Husbandry [per § 17.20(2)(b)].
[Added 2-3-2010 by Ord. No. 2010-01]
(3)
Permitted accessory uses.
(a)
Attached or detached private garages and carports accessory to permitted or permitted accessory uses.
(b)
General farm buildings, including barns, silos, sheds, storage bins and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.
(c)
One farm dwelling.
(d)
Private garages and parking space.
(e)
Private swimming pool and tennis court.
(f)
Home occupation.
(h)
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.
(i)
Gardening [per § 17.20(2)(h)].
[Amended 2-3-2010 by Ord. No. 2010-01]
(j)
On-site agricultural retail [per § 17.20(2)(e)]).
[Amended 2-3-2010 by Ord. No. 2010-01]
(4)
Conditional uses.
(a)
Airports, airstrips and landing fields, provided that the site is not less than 20 acres.
(b)
Livestock sales facilities and fur farms.
(c)
Home occupations and professional home offices.
(d)
Housing for farm laborers and seasonal or migratory farm workers.
(e)
Transmitting towers, receiving towers, relay and microwave towers, and signal-receiving antennas without broadcast facilities or studios.
(f)
Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 300 feet to a property boundary.
(g)
Public and parochial schools, provided no building shall be located within 50 feet of any lot line.
(h)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.
(i)
Golf courses, country clubs, tennis clubs or public swimming pools serving more than one family. The principal structure for any of the above-listed uses shall be 100 feet or more from any abutting lot in a residential district, and accessory structures shall be a minimum of 50 feet from any lot line.
(j)
Essential service structures, including, but not limited to, buildings, such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no building shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(k)
Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.
(l)
Intensive agriculture [per § 17.20(2)(c)].
[Added 2-3-2010 by Ord. No. 2010-01]
(m)
Agricultural service [per § 17.20(2)(d)].
[Added 2-3-2010 by Ord. No. 2010-01]
(n)
Community garden [per § 17.20(2)(i)].
[Added 2-3-2010 by Ord. No. 2010-01]
(o)
Market garden [per § 17.20(2)(j)].
[Added 2-3-2010 by Ord. No. 2010-01]
(p)
Clear-cutting [per § 17.20(2)(g)].
[Added 2-3-2010 by Ord. No. 2010-01]
17.471 Recreation Business District.
[Added 11-4-2009 by Ord. No. 2009-25]
(1)
Description and purpose. This district is intended to provide for indoor and outdoor commercial recreation land uses in a manner that does not create business zoning for a wide variety of other commercial or industrial land uses, nor rely on the Agricultural District, which is mainly intended to provide for cultivation, husbandry, extraction and disposal land uses.
(3)
List of allowable principal uses.
(a)
Uses permitted.
[Amended 2-3-2010 by Ord. No. 2010-10]
Selective cutting [per § 17.20(2)(f)] |
Passive outdoor public recreation [per § 17.20(3)(a)] |
Active outdoor public recreation [per § 17.20(3)(b)] |
Any public or private outdoor golf course and associated unlit outdoor activity areas existing as of January 1, 2009 |
(b)
Uses, conditional
Cultivation [per § 17.20(2)(a)] [Added 2-3-2010 by Ord. No. 2010-01] |
Clear-cutting [per § 17.20(2)(g)] [Added 2-3-2010 by Ord. No. 2010-01] |
Community garden [per § 17.20(2)(i)] [Added 2-3-2010 by Ord. No. 2010-01] |
Market garden [per § 17.20(2)(j)] [Added 2-3-2010 by Ord. No. 2010-01] |
Indoor commercial entertainment [per § 17.20(4)(h)] |
Outdoor commercial entertainment [per § 17.20(4)(i)] |
Commercial animal boarding [per § 17.20(4)(j)] |
(4)
List of allowable accessory uses.
(a)
Uses permitted.
Garden [per § 17.20(2)(h)] [Added 2-3-2010 by Ord. No. 2010-01] |
Farm residence [per § 17.20(8)(b)] |
Private residential garage or shed [per § 17.20(8)(c)] |
Home occupation [per § 17.20(8)(j)] |
On-site parking lot [per § 17.20(8)(n)] |
Private residential recreational facility [per § 17.20(8)(o)] |
(b)
Uses, conditional.
Commercial apartment [per § 17.20(8)(a)] |
Company provided on-site recreation [per § 17.20(8)(e)] |
Outdoor display incidental [per § 17.20(8)(f)] |
Light industrial incidental to indoor sales [per § 17.20(8)(h)] |
(5)
List of allowable temporary uses.
General temporary outdoor sales [per § 17.20(9)(a)] |
Outdoor assembly [per § 17.20(9)(b)] |
Contractor's project office [per § 17.20(9)(c)] |
Contractor's on-site equipment storage [per § 17.20(9)(d)] |
Relocatable building [per § 17.20(9)(e)] |
On-site real estate sales office [per § 17.20(9)(f)] |
Outdoor sales of farm products [per § 17.20(9)(g)] |
(7)
Regulations applicable to residential uses.
Residential uses not permitted. |
(8)
Regulations applicable to nonresidential uses.
(a)
Nonresidential intensity requirements:
Maximum number of floors (F): two |
Minimum landscape surface ratio: 25% |
Maximum floor area ratio (FAR): 0.5 |
Maximum building size (MBS): not applicable |
(b)
Nonresidential bulk requirements:
1.
Minimum lot area: one acre.
2.
Minimum lot width: 100 feet.
3.
Minimum setbacks:
a.
Building to front or street side lot line: 25 feet.
b.
Building to residential side lot line: 50 feet.
c.
Building to residential rear lot line: 50 feet.
d.
Building to nonresidential side lot line: 10 feet.
e.
Building to nonresidential rear lot line: 30 feet.
f.
Side lot line to accessory structure: five feet from property line, five feet from alley.
g.
Rear lot line to accessory structure: five feet from property line, five feet from alley.
h.
Required buffer yard: reserved.
i.
Minimum paved surface setback: five feet to side, five feet to rear, 10 feet to street, 20 feet to residential property line.
j.
Minimum building separation: 10 feet.
4.
Maximum building height: 35 feet.
5.
Minimum number of off-street parking spaces required on the lot: per individual land uses.
17.48 CO-1 Conservancy District.
(1)
Purpose. This District is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of residential or other development, and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.
(2)
Permitted uses. The following uses of land are permitted in the Conservancy District, except as may be prohibited within a federal floodplain area:
(a)
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(b)
The management of wildlife, including waterfowl, fish and other similar lowland animals, and nonresidential buildings used solely in conjunction with such activities.
(c)
Selective cutting [per § 17.20(2)(f)].
[Amended 2-3-2010 by Ord. No. 2010-01]
(d)
Conservancy parks, picnic areas, hiking trails, bridle paths, and areas of scenic, historic or scientific value.
(e)
Recreational areas.
(f)
Drainageways.
(3)
Conditional uses. The following are permitted as conditional uses in the Conservancy District:
(a)
Dams, flowages, ponds, and water storage and water pumping facilities.
(b)
Utilities, such as, but not restricted to, telephone, telegraph, power or other transmission lines.
(c)
Relocation of any watercourse.
(d)
Filling, drainage or dredging of wetlands, provided that this shall conform to any Shoreland Zoning Ordinance enacted pursuant to § 59.692, Wis. Stats.
(e)
Removal of topsoil or peat.
(f)
Camping grounds open to the public.
(g)
Golf courses.
(i)
Essential service structures, including but not limited to structures such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations, and electrical power substations, provided no structure shall be located within 10 feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is generally compatible to the neighborhood in which it is to be located and thus will promote the general welfare.
(j)
Cultivation [per § 17.20(2)(a)].
[Added 2-3-2010 by Ord. No. 2010-01]
(k)
Clear-cutting [per § 17.20(2)(g)].
[Added 2-3-2010 by Ord. No. 2010-01]
(l)
Community garden [per § 17.20(2)(i)].
[Added 2-3-2010 by Ord. No. 2010-01]
(m)
Market garden [per § 17.20(2)(j)].
[Added 2-3-2010 by Ord. No. 2010-01]
(4)
Specifications. There are no setback, lot size, or other dimensional standards applicable in the Conservancy District. Accessory buildings and structures incidental to any of the above uses are permitted subject to Plan Commission approval.
(5)
Permitted accessory uses.
[Added 2-3-2010 by Ord. No. 2010-01]
(a)
Garden [per § 17.20(2)(h)].
17.49 PD-1 Planned Development District.
[Amended 2-5-2003 by Ord. No. 2003-07]
(1)
Statement of purpose.
(a)
The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed planned developments, and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district. The regulatory framework for planned developments is designed to encourage and promote environmental quality by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance to the basic intent of this chapter and the Comprehensive Plan.
(b)
Planned developments are intended to provide incentives for development and redevelopment in areas of the community that are experiencing a lack of significant investment. Furthermore, planned developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the Planned Development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(c)
Planned Developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, Planned Developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case-by-case basis. In order to prevent this from occurring, all Planned Developments are required to meet certain procedural requirements applicable only to Planned Developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a Planned Development. This process shall essentially combine the process for a Zoning Map amendment with that required for a conditional use, with several additional requirements.
(2)
Permitted location. Planned developments shall be permitted with the approval of a Planned Development Zoning District, specific to the approved Planned Development, within all zoning districts.
(3)
Minimum district area. The minimum area for a Greenfield Planned Development District is five acres. There is no minimum area requirement for a Redevelopment or Infill Planned Development District for a redevelopment site, nor is there a minimum area requirement for a Planned Development District.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(4)
Provision of flexible development standards for planned developments.
(a)
Flexible development standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a Planned Development:
1.
Land use requirements. All land uses permitted within the R-1, R-2, R-3, R-4, NB, CB, PB, MB or PI Districts may be permitted within a Planned Development.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
2.
Density and intensity requirements. All requirements listed in Chart 1[1] and within the zoning district for residential density and nonresidential intensity may be waived within a Planned Development.
[1]
Editor's Note: Chart 1 is included as an attachment to this chapter.
3.
Bulk requirements. All bulk requirements listed in Chart 1[2] may be waived within a Planned Development.
[2]
Editor's Note: Chart 1 is included as an attachment to this chapter.
4.
Landscaping requirements. All landscaping requirements listed in Article XII may be waived within a Planned Development.
5.
Signage requirements. All signage requirements listed in Article XVI may be waived within a Planned Development.
6.
Parking and loading requirements. All parking and loading requirements listed in Article XII may be waived within a Planned Development.
7.
Lot, block, and street configuration requirements. All requirements listed in this chapter and Chapter 18, Subdivision and Platting, pertaining to lot, block, and street configuration may be waived within a Planned Development. A waiver for lot, block, and street configuration requirements listed within Chapter 18, Subdivision and Platting, requires the granting of a variance per § 18.60. The approval of an SIP with such waivers for lot, block, and street configuration requirements listed within Chapter 18, Subdivision and Platting, shall constitute the granting of a variance under § 18.60.
(5)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the Village Board as part of the approved Planned Development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading), is otherwise listed as permitted in Article VI, Modifications. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so depicted, requested and approved, such exemptions shall not be permitted.
(6)
Criteria for approval. As a basis for determining the acceptability of a Planned Development District petition, the following criteria shall be applied with specific consideration as to whether or not the general development plan for the proposed district is consistent with the spirit and intent of this chapter and has been prepared with competent professional advice and guidance.
(a)
Character and intensity of land use. In a Planned Development District, the uses proposed and their intensity and arrangement on the site shall be of a visual and functional character, which:
1.
Is compatible with the physical nature of the site with particular concern for preservation of natural features and open space.
2.
Produces an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality and complies with the Master Plan, including any residential density limitations, for the area as established by the Village.
3.
Will not adversely affect the anticipated provision for school or other municipal services.
4.
Will not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(b)
Economic feasibility and impact. The petitioner shall provide evidence satisfactory to the Village Board that the proposed development is economically feasible, that the developer has adequate available financing, and that the development will not adversely affect the economic prosperity of the Village or the values of surrounding properties.
(c)
Engineering design standards. The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage, or other similar environmental engineering considerations shall be based on determinations approved by the Village Engineer as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, in no case shall such standards be less than those necessary to ensure the public safety and welfare as determined by the Village.
(d)
Preservation and maintenance of open space. In a Planned Development District, not less than 15% of the total land area of such district shall be designated as open space and adequate provision shall be made for the permanent preservation and maintenance of such open space either by private reservation or dedication to the public.
1.
In the case of private reservation, areas of open space shall be protected against building development by conveying to the Village, as a condition for project approval, an open space easement over such open areas restricting any future building or use except as is consistent with such easement.
2.
Provision shall be made to landscape open space for the aesthetic and recreational benefit of the development.
3.
The care and maintenance of such privately reserved open space shall be assured by establishment of appropriate management organization. The manner of assuring maintenances shall be included in the title to each property in the development.
(7)
Procedure. The procedure for rezoning to a Planned Development District shall be the same as required for any other zoning district under this chapter, with the following additional requirements:
(a)
General development plan. The petitioner shall file with the Plan Commission a general development plan which shall include the following information:
1.
A statement describing the general character of the intended development.
2.
An accurate map of the project area including its relationship to surrounding properties and existing physical features.
3.
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval set forth in this section:
4.
A utility feasibility study.
5.
Appropriate data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans of data pertinent to evaluation.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
6.
General outline of intended organizational structure related to property owners association, deed restrictions and private provision of common services.
7.
The pattern of private driveways and parking facilities.
8.
An analysis of economic impact on the community.
9.
The general landscape treatment.
10.
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices.
11.
An initial draft list of zoning standards that will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards that will be more than met by the proposed PD and the location(s) in which they apply. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.
12.
A written description of requested exemptions from the requirements of the underlying zoning district, in the following order: land use exemptions, density and intensity exemptions, bulk exemptions, landscaping exceptions, signage exceptions, parking and loading exceptions, and lot, block, and street configuration exceptions.
(b)
Referral and hearing.
1.
Within a reasonable time after receiving the general development plan, the Plan Commission, after a public hearing, shall forward to the Village Board its recommendation that the plan be approved as submitted, approved with modifications, or disapproved.
2.
Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded in the Village records as an integral component of the district regulations; conditioned, however, upon approval of a specific implementation plan for all or a portion of the proposed Planned Development District.
(c)
Specific implementation plan. A specific and detailed plan for implementation of all or a part of a proposed Planned Development District shall be submitted to the Plan Commission within a reasonable period of time as determined by the Plan Commission. If a specific implementation plan has not been submitted within such time, the Plan Commission shall file a petition to rezone the property from the Planned Development District back to its previous zoning classification. The specific implementation plan shall include the following detailed construction and engineering plans and related detailed documents and schedules:
1.
An accurate map of the area covered by the plan including the relationship to the total general development plan.
2.
The pattern of public and private roads, driveways, walkways and parking facilities.
3.
Detailed lot layout and subdivision plat where required.
4.
The arrangement of building groups, other than single-family residences and their architectural character.
5.
Sanitary sewer and water mains.
6.
Grading plan and storm drainage system.
7.
The location and treatment of common and open space areas and recreational or other special amenities.
8.
The location and description of any areas to be dedicated to the public.
9.
General landscape treatment.
10.
Proof of development capability.
11.
Analysis of economic impact upon the community.
12.
A development schedule indicating:
13.
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common areas, open space areas, or other facilities.
14.
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices.
15.
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning.
16.
A complete list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply shall be identified. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.
17.
A written description of requested exemptions from the requirements of the underlying zoning district, in the following order: land use exemptions, density and intensity exemptions, bulk exemptions, landscaping exceptions, signage exceptions, parking and loading exceptions, and lot, block, and street configuration exceptions.
18.
All variations between the requirements of the applicable PD/GDP zoning district and the proposed SIP development.
19.
Any other plans, documents, or schedules requested by the Plan Commission or Village Board.
(d)
Approval of the specific implementation plan.
1.
Following a review of the specific implementation plan, the Plan Commission shall recommend to the Village Board that the plan be approved as submitted, approved with modifications or disapproved.
2.
Upon receipt of the Plan Commission recommendation, the Village Board may approve the plan and authorize the development to proceed accordingly or disapprove the plan.
3.
If the specific implementation plan is approved, the building, site, and operational plans for the development as approved, as well as all other commitments and contractual agreements with the Village offered or required with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submitted plans, shall be recorded by the developer, within a reasonable period of time as determined by the Village Board, in the Dane County Register of Deeds office. This shall be accomplished prior to the issuing of any permits.
4.
Any subsequent change or addition to the plans or use shall be submitted to the Plan Commission for approval. If the Plan Commission determines that such change or addition constitutes a substantial alteration of the original plan, a repeat of the procedure provided in this section shall be required.
17.50 Mobile homes.
(1)
Nonresidential use. A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively under way.
(2)
Location. No person shall park, store or occupy a mobile home for living purposes, except as follows:
(a)
In connection with and on the same lot as a single-family dwelling for a period not to exceed 15 days in duration. Not more than one mobile home shall be allowed on such lot at any one time. No such residential lot shall be occupied by a mobile home for more than a total of 30 days in any one year.
(3)
Size. Mobile home parks shall comply with the following requirements:
(a)
No permit shall be issued for the establishment of a new mobile home park, unless such park contains at least 20 acres.
(b)
The minimum individual mobile home lot size shall not be less than 5,000 square feet.
(c)
Each individual mobile home lot shall be at least 50 feet in effective width. "Effective width" shall mean the distance between side lot lines, measured at the rear line of the required front yard. On diagonal lots, it shall be measured at right angles across the lot from one diagonal side line to the other.
(4)
Yards and setbacks. The following minimum setback regulations shall apply:
(a)
No building, structure or mobile home shall be located closer than 50 feet to any property line of the mobile home park, nor closer than 75 feet to any collector or arterial street right-of-way.
(b)
Mobile homes shall be set back at least 20 feet from the pavement of streets or roadways within the park.
(c)
No part of any mobile home or any addition or appurtenance thereto shall be placed within 30 feet of any other mobile home, addition or appurtenance thereto, nor within 50 feet of any accessory or service building or structure.
(5)
Height. No building, structure or trailer located in a trailer park shall exceed 2 1/2 stories or 35 feet in height.
(6)
Parking. There shall be at least two off-street parking spaces available to each individual mobile home lot and located within 100 feet of such lot. However, the total number of parking spaces provided in each trailer park shall be equal to not less than 2 1/3 times the maximum number of mobile homes to be accommodated.
(7)
Landscaping. Along each property line of a mobile home park, there shall be provided, within the fifty-foot setback area, screen fencing or landscape planting which shall be so designed and planted as to be 50% or more opaque when viewed horizontally between two feet and eight feet above average ground level.
(8)
Design and improvements. The design and improvements to be provided in the proposed mobile home park, including street widths and construction of approach streets or ways, shall conform to the requirements of the Village subdivision regulations for conventional residential subdivisions containing 10,000-square-foot lots. However, the street width and construction requirements in the subdivision regulations shall be applied only to those streets which would be necessary to service a future conventional residential subdivision on such tract of land and need not be applied to secondary mobile home site access streets or ways.
(9)
Common space. Each mobile home park shall provide at least two acres of common space, exclusive of the required fifty-foot peripheral setback, for use by recreational or service facilities. An additional 1/2 acre of common space shall be provided for each 50 mobile homes or fraction of 50 lots in the park.
17.501 Wellhead protection.
[Added 9-5-2007 by Ord. No. 2007-17]
(1)
Title. This section shall be known, cited, and referred to as the "Wellhead Protection Ordinance" or "WHP Ordinance."
(2)
Purpose and authority.
(a)
The residents of the Village of Mount Horeb ("the Village") depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities seriously threaten or degrade groundwater quality. The purpose of this section is to protect the Village's municipal water supply and areas from which the Village wells draw water, and to promote the public health, safety, and general welfare of the residents of the Village.
(b)
This section is adopted pursuant to authority granted under §§ 61.34, 61.35 and 62.23, Wis. Stats.
(3)
Wellhead Protection Plan. Chapter NR 811, Wis. Adm. Code, requires the Village to adopt a Wellhead Protection Plan approved by the Wisconsin Department of Natural Resources before the Village places into service a new municipal well. Pursuant to this requirement, the Village has adopted a Wellhead Protection Plan. The Wellhead Protection Plan and the Wellhead Protection Map attached thereto is incorporated into this section as though fully set forth and described herein.
(4)
Permitting of new private wells within municipal boundaries. New private wells for residential, commercial and industrial use will not be permitted. All new customers shall use the Mount Horeb Utility's potable water source for all uses.
(5)
Applicability. This section shall be applicable only to those lands contained within Zone A and Zone B as described in the Wellhead Protection Map. Zone A and Zone B are collectively referred to as the "Wellhead Protection Area."
(6) AQUIFER EXISTING FACILITIES GROUNDWATER PROTECTION OVERLAY DISTRICT RECHARGE AREA WELL FIELD
Definitions. As used in this section, the following terms shall have the meanings indicated:
A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
Current facilities, practices, and activities which may cause or threaten to cause environmental pollution within the Wellhead Protection Area. Existing facilities include, but are not limited to, potential contaminant sources listed in the Wisconsin Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.
The zoning district overlaying the Wellhead Protection Area.
The land area which contributes water to a municipal well by infiltration of water into the subsurface and movement with groundwater toward the well.
A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
(7)
Groundwater Protection Overlay District.
(a)
Separation distances. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District:
1.
Fifty feet between a well and storm sewer main.
2.
Two hundred feet between a well and any sanitary sewer main, sanitary sewer manhole, lift station, or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) C600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.
NOTE: Current AWWA C600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's office, and the office of the Reviser of Statutes. |
3.
Four hundred feet between a well and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
4.
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
5.
One thousand feet between a well and land application of municipal, commercial or industrial waste; boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under Ch. NR 718, Wis. Adm. Code, while that facility is in operation; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.
6.
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards that is shown on the Department of Natural Resources' geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the state Department of Safety and Professional Services; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(b)
Groundwater Protection Overlay District Zones. The Groundwater Protection Overlay District is divided into two zones: Zone A and Zone B. The boundaries of Zone A and Zone B are identified in the wellhead protection map.
1.
Zone A. Zone A is the primary source of water for a municipal water aquifer and is the area most likely to transmit groundwater contamination to a municipal well. The following are permitted uses in Zone A. Uses not listed shall be considered prohibited uses:
a.
Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
b.
Playgrounds.
c.
Wildlife areas.
d.
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
e.
Residential, commercial and industrial property, which is municipally sewered, and free of flammable and combustible liquid and underground storage tanks (USTs).
2.
Zone B. Zone B is a secondary source of water for a municipal water aquifer due to a large cone of depression and a greater time of travel. The following are permitted uses in Zone B. Uses not listed shall be considered prohibited uses:
a.
All uses listed as permitted uses in Zone A.
b.
Aboveground petroleum product storage tanks less than 660 gallons. All new or replaced tanks shall be installed in compliance with Ch. ATCP 93, Wis. Adm. Code.
c.
Residential, commercial, and industrial property which is municipally sewered or has a state-approved sewer and septic system.
d.
Motor vehicle filling and service stations that have received written approval from the Wisconsin Department of Agriculutre, Trade and Consumer Protection under Ch. ATCP 93, Wis. Adm. Code.
(8)
Review of permit application.
(a)
The Village of Mount Horeb Utility Commission (the "Utility Commission") shall review all applications for land use permits for land located in a Groundwater Protection Overlay District.
(b)
The applicant shall be solely and exclusively responsible for any and all costs incurred by the Utility Commission in reviewing the application to determine if the proposed land use is a permitted use under Subsection (7)(b). These costs include, but are not limited to:
1.
An environmental impact study.
2.
Groundwater monitoring or groundwater wells.
3.
Appraisal for the property or other property evaluation expense.
4.
Time spent by Village employees reviewing the application. This cost shall include the Village employee's hourly rate as well as an amount reflecting benefits provided to the employee, including insurance, sick leave, holidays, overtime, vacation and other similar benefits.
5.
Consultant costs incurred by the Village, including, but not limited to costs related to the Village Engineer's and Village Attorney's review of the application.
6.
The cost of Village equipment employed.
7.
The cost of mileage reimbursed to the Village employees.
(9)
Requirements for existing facilities and land uses.
(a)
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.
(b)
Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Utility Commission, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
(c)
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(d)
Existing facilities shall have the responsibility of devising and/or filing with the Village a contingency plan satisfactory to the Utility Commission for the immediate notification of the appropriate Village officers in the event of an emergency.
(e)
Property owners with an existing agricultural use shall be exempt from requirements of this section as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of passage of this section and this exemption shall not constitute a covenant running with the land.
(10)
Illegal discharge.
(a)
In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist, and provide cleanup satisfactory to the Village.
(b)
The individual and/or facility shall be responsible for all costs of cleanup and all costs incurred by the Village in reviewing, monitoring, administering or working on the cleanup. Such costs include, but are not limited to:
1.
Cost of time spent by Village employees. This cost shall include the Village employee's hourly rate as well as an amount reflecting benefits provided to the employee, including insurance, sick leave, holidays, overtime, vacation and other similar benefits.
2.
Cost of Village equipment used on the cleanup.
3.
Cost of mileage reimbursed to Village employees attributed to the cleanup.
4.
Consultant costs, including, but not limited to, costs incurred by the Village Engineer and Village Attorney.
(c)
Following any such discharge, the Village may require additional test monitoring or other requirements.
(11)
Severability clause. If any section, subsection, sentence, clause, paragraph, or phrase of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, paragraph, or phrase or portion thereof. The Village Board of the Village of Mount Horeb hereby declares that they would have passed this section and each section, subsection, sentence, clause, paragraph, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, paragraphs, or phrases may be declared invalid or unconstitutional.
(12)
Repealer. All ordinances in conflict with the foregoing are hereby repealed or amended to read consistent with this section.