Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE V
Conditional Uses
17.51 Purpose.
The development and administration of this chapter is based upon the division of the Village into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are intended to be mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
17.52 Authority of Plan Commission and Village Board; requirements.
(1)
The Village Board hereby authorizes the Village Administrator, or his/her designee, to issue a conditional use permit for either regular or limited conditional uses after review, public hearing, and recommendation from the Plan Commission and Village Board; provided that such conditional use(s) and involved structure(s) are found to accord with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or adverse to the value of the neighborhood or the community. In the instance of the granting of limited conditional use(s), the Plan Commission and Village Board, in their findings, shall further specify the delimiting reason(s) or factors which resulted in issuing limited rather than regular conditional use(s). Such Commission or Board action, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and the legal description of the affected premises. Prior to the granting of a conditional use permit, the Village Board shall make findings based upon the evidence presented that the standards herein prescribed are complied with.
(2)
Any development within 500 feet of existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way may require specific review by the highway agency that has jurisdiction over the traffic way. The Plan Commission and Village Board may request such review and await the Highway Agency's recommendation.
(3)
Conditions, including but not limited to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission and Village Board upon their finding that these conditions are necessary to fulfill the purpose and intent of this chapter.
(4)
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.
17.53 Initiation of conditional use.
Any person, firm, limited liability company, partnership, unincorporated association, corporation or similar organization having a freehold interest or possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.
17.54 Application for conditional use.
An application for a conditional use shall be filed with the Village Administrator on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in Article V hereinafter. The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for enforcement of this chapter, including but not limited to a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
17.55 Hearing on application.
Upon receipt of the application and statement referred to above, such application shall be forwarded from the Village Administrator, or his/her designee, to the Village Board, which will forward to the Plan Commission, which shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
17.56 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant and the owners of record as listed in the office of the Village Assessor who are owners of property situated in whole or in part within 100 feet of the boundaries of the properties affected, said notice shall be sent at least 10 days prior to the date of such public hearing. The Plan Commission shall report its action to the Village Board within 75 days after a matter has been referred to it unless time period is mutually extended.
17.57 Standards for conditional uses.
(1)
Standards. No application for a conditional use shall be recommended for approval by the Plan Commission, or granted by the Village Board, unless the Commission shall find all of the following conditions are present:
(a)
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(b)
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the then-existing use of adjacent land.
(c)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(d)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(e)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f)
That the conditional use shall conform to all applicable regulations of the district in which it is located.
(2)
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Village Board and Plan Commission shall bear in mind the statement of purpose for the zoning district and ensure that the proposed building or addition (at its location) does not defeat the purposes and objective of the zoning district in which it is to be located.
(3)
Additional considerations. In addition, in passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:
(a)
The maintenance of safe and healthful conditions.
(b)
The prevention and control of water pollution, including sedimentation.
(c)
Existing topographic and drainage features and vegetative cover on the site.
(d)
The location of the site with respect to floodplains and floodways of rivers and streams.
(e)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(f)
The location of the site with respect to existing or future access roads.
(g)
The need of the proposed use for a shoreland location.
(h)
Its compatibility with adjacent land.
(i)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
17.58 Denial of application for conditional use permit.
[Amended 10-6-1999 by Ord. No. 99-11]
When an advisory of denial of a conditional use application is issued by the Plan Commission or an actual denial is issued by the Village Board, the Plan Commission and/or Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or Board gave when determining that each standard was not met.
17.59 Conditions and guarantees.
The following conditions shall be considered for all conditional uses:
(1)
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the proposed conditional use as are deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified above. In all cases in which conditional uses are granted, the Village shall require such evidence and guarantees as it may deem as necessary to prove that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for the following, without limitation because of specific enumeration:
(a)
Landscaping;
(b)
Type of construction;
(c)
Construction commencement and completion dates;
(d)
Sureties;
(e)
Lighting;
(f)
Fencing;
(g)
Operational control;
(h)
Hours of operation;
(i)
Traffic circulation;
(j)
Deed restrictions;
(k)
Access restrictions;
(l)
Setbacks and yards;
(m)
Signage;
(n)
Specified sewage disposal and water supply systems;
(o)
Planting screens;
(p)
Increased parking; or
(q)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
(2)
Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
(3)
Architectural treatment. Proposed architectural treatment shall be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
(4)
Sloped sites; unsuitable soils. Where slopes exceed 15% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
17.60 Validity of conditional use permit and successor permit.
[Amended 5-4-2011 by Ord. No. 2011-06]
(1)
When a conditional use application has been approved, such approval shall become null and void within 12 months of approval unless the use is commenced or the current owner possesses a valid building permit under which construction is commenced within six months of the date of the building permit issuance. The Board may extend such permit for justifiable cause, if application is made to the Village Board before said permit expires.
(2)
Successor conditional uses are permitted without the need of a new conditional use permit application. However, a successor conditional use requires formal reaffirmation by the Village Administrator that the requirements of the existing conditional use permit are still valid. A successor conditional use permit will not be reaffirmed if the previous conditional use permit has not been used within the past 12 months.
17.61 Alteration of conditional use.
No alteration of a conditional use shall be permitted unless approved by the Village Board, after recommendation from the Plan Commission.
17.62 Complaints regarding conditional uses.
The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Village Administrator, or his/her designee. Such authority shall allow the Village Administrator, or his/her designee, to order the removal or discontinuance of any unauthorized alterations of an approved conditional use. The Village Administrator may also order the elimination, removal or discontinuance of any violation of a condition imposed after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of one or more of the standards set forth above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held before the Village Board upon notice as provided above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in Article V or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 17.57(1) and (2) will be met, the Village Board may revoke the subject conditional use and direct the Village Administrator, or his/her designee, and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished, in writing, to the current owner(s) of the property upon which the subject conditional use stating the reasons for the decision.
17.625 Tourist rooming house.
[Added 11-1-2017 by Ord. No. 2017-08]
(1) TOURIST or TRANSIENT TOURIST ROOMING HOUSE
Definitions. The following terms, whenever they occur in this section, are defined as follows:
A person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.
Any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. "Tourist rooming house" does not include a private boarding- or rooming house, ordinarily conducted as such, not accommodating tourists or transients; a hotel; or bed-and-breakfast establishments.
(2)
Conditional use permit required. No person may operate a Tourist rooming house without a conditional use permit.
(3)
Application process. Applications for a tourist rooming house conditional use permit shall be submitted and reviewed in accordance with §§ 17.53 through 17.56 of this chapter. Additionally, the application shall include:
(a)
A copy of the proposed operational rules described in § 17.625(4)(a)10.
(b)
Proof that the applicant meets the requirements of § 17.625(4)(a) below.
(4)
Minimum conditions.
(a)
In addition to the standards set forth in § 17.57, no application for a conditional use permit to operate a tourist rooming house shall be recommended for approval by the Plan Commission, or granted by the Village Board, unless all of the following conditions are present:
1.
A tourist rooming house license. The applicant has a tourist rooming house license issued by the State of Wisconsin under Wis. Stats. § 97.605 or any successor statute. (The conditional use permit may be conditionally granted upon pending issuance of the state license but shall not take effect until the state license is granted.)
2.
Sales tax. The applicant has a Wisconsin Department of Revenue Sales Tax Number.
3.
Occupancy. Occupancy of the tourist rooming house is limited to the maximum occupancy provided in Wis. Adm. Code § ATCP 72.14(2)(b). In no case shall the tourist rooming house have more than two occupants per bedroom.
4.
Insurance. The applicant has insurance against claims of personal injury and property damage for tourist rooming house or short-term property rentals.
5.
Local contact. The tourist rooming house will be operated by a local contact person who will be within 30 miles of the tourist rooming house when it is used by tourist or transient.
6.
If the tourist or transient brings equipment and/or vehicles to the tourist rooming house on trailers, the equipment and/or vehicles shall be stored/parked on the trailers while at the tourist rooming house.
7.
There shall be no outdoor storage by the tourist or transient at the tourist rooming house.
8.
The tourist rooming house must be rented for a minimum of two consecutive days by each guest.
10.
Operational rules. Each tourist rooming house shall have a set of operational rules provided to occupants providing at least the following information:
a.
Contact information for local emergency services and contact information for the local contact person.
b.
The occupancy limits of the tourist rooming house.
c.
A map showing the property lines.
d.
Garbage collection procedures and times.
e.
All parking is limited to one vehicle per sleeping room of the tourist rooming house and street parking is not permitted. Exceptions to the parking restrictions may be made by the Plan Commission, at its discretion, when the conditional use permit is issued based on the applicant's circumstances.
f.
Quiet hours must be kept from 10:00 p.m. to 7:00 a.m.
g.
Pets, if allowed, must be restricted to the property.
(b)
In addition to the standards set forth in § 17.57, the Plan Commission and the Village Board may consider all of the following in reviewing a tourist rooming house conditional use permit application:
1.
Past and present compliance with federal, state, and local laws and ordinances.
2.
Past and present compliance with room and sales tax requirements.
3.
Property conditions, including noise, traffic and parking, garbage or refuse complaints, condition complaints, and general care and maintenance and other matters that may be deemed a nuisance to neighboring properties.
4.
Excessive response required from law enforcement related to the tourist rooming house.
(c)
In addition to the considerations outlined in § 17.62, the Village administrator, his or her designee, the Plan Commission and the Village Board shall consider compliance with § 17.625(4)(a) and (b) in resolving complaints regarding a tourist rooming house conditional use permit and in considering amending, further conditioning, or revoking a tourist rooming house conditional use permit as provided in § 17.62.
(5)
Notwithstanding § 17.60(2), a conditional use permit to operate a tourist rooming house shall not be transferable.
(6)
Notwithstanding § 17.142, noise created by a tourist or a transient shall be considered noise directly under the control of the holder of the tourist rooming house conditional use permit.
(7)
Operating a tourist rooming house without a conditional use permit as required by this chapter is subject to a penalty of $250 per day.
17.63 Group developments.
[Added 3-3-2004 by Ord. No. 2004-08]
(1)
Definition. A group development is any development containing:
• | Two or more structures containing principal land uses on the same lot; |
• | Any single structure on a single lot which contains five or more dwelling units or two or more nonresidential uses; and/or |
• | Any single structure devoted to institutional, commercial or mixed-use land uses containing more than 5,000 gross square feet of floor area, or any single structure devoted to office land uses containing more than 20,000 square feet of floor area. |
Common examples of group developments include six-unit apartment buildings, apartment complexes, condominium complexes, strip centers, shopping centers, and office centers. (One tenant-commercial building containing less than 5,000 square feet of gross floor area, one tenant office building containing less than 20,000 square feet of gross floor area, industrial buildings, four-unit apartment buildings, and other land uses in which each nonresidential building contains only one tenant, or where the lot contains only one structure, or where each residential building contains four or fewer dwelling units, are not group developments, even though such developments may contain parcels under common ownership.) | |
(2)
Standards. The following standards shall apply to all new institutional, commercial, and multiuse buildings in excess of 5,000 gross square feet, and to all multibuilding developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 5,000 gross square feet. These conditions shall also be applied to the entire building and site in instances where building additions bring the total building size to over 5,000 gross square feet. Such conditions shall apply to both the building additions and to older portions of the building, and the site, that were constructed prior to the adoption of this section. This 5,000-gross-square-foot limit shall apply to individual freestanding buildings and to group developments in which the combined total of all structures on a site, regardless of diverse use or tenancy, combine to more than 5,000 gross square feet. For buildings containing only office land uses, the trigger size shall be 20,000 gross square feet.
(a)
Permitted by right: not applicable; all group developments shall be regulated as conditional uses subject to Article V.
(b)
Conditional use regulations. Any land use that is permitted as a permitted-by-right land use or as a conditional land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this subsection that pertain to individual land uses shall also apply to individual land uses within a group development, as will all other applicable provisions of this chapter. Therefore, land uses permitted by right in the zoning district shall be permitted by right within an approved group development (unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development as a whole), and land uses permitted as a conditional use in the zoning district shall be permitted within the group development only with conditional use approval for the specific use.
1.
Rules applicable to all group developments. In all cases, the following conditional use conditions shall be applied to the group development as a whole, as well as to individual uses within the group development:
a.
Subject to conditional use and design review processes. All group developments shall be subject to the Village of Mount Horeb design review and approval process. The application shall demonstrate how the proposed development relates to each of the following criteria:
b.
General layout and future divisibility. All development located within a group development shall be located so as to comply with the intent of this chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing group developments in the future (if such action is so desired).
c.
Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted and decorative concrete block, stone, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as may vinyl, on a portion of residential structures, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.
d.
Overall building design. Building design shall be subject to Plan Commission approval, and shall forward the aesthetic objectives of the Village for the community, the vicinity and the subject property.
e.
Building entrances. Public building entryways shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by on-site traffic flow patterns. Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance that shall conform to the above requirements.
f.
Building color. Building facade colors shall be nonreflective, subtle, neutral, or earth tone. The use of high-intensity colors, metallic colors, fluorescent colors or black on facades shall be prohibited. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on signage, subject to the limitations in Article XVI, Signs.
g.
Screening.
1)
All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground-level views, with materials identical to those used on the building exterior.
2)
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs so as to not be visible from public streets adjacent or within 1,000 feet of the subject property. Fences or similar rooftop screening devices may not be used to meet this requirement.
3)
Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.
4)
Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain-link, wire mesh or wood fencing is unacceptable. Decorative, heavy-duty wood gates may be used.
h.
Roadway connections.
1)
All nonresidential projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Plan Commission.
2)
Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.
3)
The site design shall provide direct connections to adjacent land uses if required by the Village.
i.
Parking.
1)
Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in § 17.132 of this chapter by 50% shall be allowed only with specific and reasonable justification.
2)
Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 12 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area.
3)
Landscaped and curbed medians, a minimum of 10 feet in width from back-of-curb to back-of-curb, shall be used to create distinct parking areas of no more than 120 parking stalls.
j.
Bicycle and pedestrian facilities.
1)
The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.
2)
Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be 10 feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.
3)
Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50% of their length. Such landscape shall match the landscaping used for the street frontages.
4)
Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.
5)
The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.
6)
The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 10,000 square feet of gross floor area.
7)
The development shall provide interior pedestrian furniture in appropriate locations at a minimum rate of one bench seat for every 10,000 square feet of gross floor area. Seating in food service areas, or other areas where food or merchandise purchasing activities occur, shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pickup or dropoff area.
k.
Central areas and features. Each development exceeding 20,000 square feet in total gross floor area shall provide central area(s) or feature(s), such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project.
l.
Cart returns. A minimum of one 200-square-foot cart return area shall be provided for every 100 parking spaces. Cart corrals shall be of durable, nonrusting, all-season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within 25 feet of the building.
m.
Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.
n.
Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan.
o.
Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per following landscaping requirements:
1)
Landscaping plan shall be submitted to the Planning Commission for approval, as part of the site plan.
2)
Building foundation landscaping is required for all building frontages in order to provide visual breaks in the mass of the building. Such foundation landscaping shall be placed along 30% of the building's total perimeter, predominately near and along customer facades and entrances facing public streets. One ornamental tree with a minimum one-and-one-half-inch caliper or one minimum six-foot-tall tree ("whips" not permitted), and four shrubs at a minimum height of 18 inches tall shall be planted for every 10 linear feet of building foundation planter area. Appropriate trees and shrubs include crabapple, birch, cherry, hawthorn, serviceberry, arborvitae, dogwood, lilac, viburnum, cotoneaster, forsythia, hazelnut, barberry, spirea, juniper, yew, or similar species and varieties approved by the Village.
3)
One street tree at a minimum of two-inch caliper shall be planted at fifty-foot centers along, and within 10 feet of, all public and private streets and drives, including parking lot connections and circulation drives, and loading areas. Such tree plantings shall be planted in tree wells along the circulation drives adjacent to the sides of the store that face a public or private street, along both sides of internal drives, and along the outside edge of loading areas. Appropriate trees include sugar maple, pin oak, ginkgo, or similar species and varieties approved by the Village.
4)
One shade tree at a minimum of two-inch caliper shall be planted on each parking lot peninsula and island. Appropriate trees include honey locust, green or white ash, linden, sugar maple, red maple, or similar species and varieties approved by the Village.
5)
All landscaped areas shall be at least 10 feet wide in their smallest dimension. Tree wells may be a minimum of 36 square feet.
p.
Lighting. On-site exterior lighting shall meet all the standards of § 17.144 of this chapter, except that in addition:
1)
Total-cutoff luminaries with angles of less than 90° shall be required for all pole and building security lighting to ensure no fugitive up lighting occurs.
2)
At a minimum, as measured over ambient lighting conditions on a clear night, exterior lighting shall not exceed more than 0.5 footcandle above ambient levels along all property lines, and shall not exceed an average illumination level of 2.4 footcandles nor provide below a minimum of 0.2 footcandle in public parking and pedestrian areas.
3)
The color and design of pole-lighting standards shall be compatible with the building and the Village's public lighting in the area, and shall be uniform throughout the entire development site. The maximum height for all poles shall be 20 feet.
q.
Signage. The plan for exterior signage shall provide for modest, coordinated, and complementary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall complement on-building signage. Monument-style ground signs are required and shall not exceed a height of eight feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The Village may require the use of muted corporate colors on signage if proposed colors are not compatible with the Village's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, and shall be considered as contributing to the number and area of permitted signs.
r.
Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties, and shall comply with applicable Village noise requirements in § 17.142 of this chapter.
s.
Natural resources protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any stormwater detention or conveyance features are solely borne by the developer/owner unless dedicated and accepted by the Village.
t.
Policy on vacation of existing sites. Where such a building is proposed as a replacement location for a business already located within the Village, the Village shall prohibit any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease.
2.
Additional rules beyond those required in Subsection (1), applicable to large group developments (exceeding 20,000 gross square feet):
a.
Compatibility report is required. The applicant shall provide, through a written compatibility report submitted with the petition for a conditional use permit or rezoning application for the PUD Districts, adequate evidence that the proposed building and overall development project shall be compatible with the Village's Comprehensive Plan and any Detailed Neighborhood Plan for the area. The compatibility report shall specifically address the following items:
1)
A description of how the proposed development is compatible with adopted Village plans, including the Comprehensive Plan, Detailed Neighborhood Plans, and other plans officially adopted by the Village;
2)
A completed transportation and traffic impact analysis in a format acceptable to the state of Wisconsin WisDOT District 1. The applicant shall provide adequate funding to the Village to hire a traffic engineer of the Village's choice to complete and present a traffic impact analysis following Wisconsin Department of Transportation District 1 guidelines. The traffic impact analysis shall consider the parking lot 100% full for level of service analysis. Where the project will cause off-site public roads, intersections, or interchanges to function below Level of Service C, as defined by the Institute of Transportation Engineers, the Village may deny the application, require a size reduction in the proposed development, or require that the developer construct and/or pay for required off-site improvements.
b.
Building location is compatible with detailed neighborhood plan. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or out lots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas, and neighborhoods, and must forward community character objectives as described in the Village's Comprehensive Plan. In the absence of an adopted detailed neighborhood plan or preliminary plat for the subject property, the conditional use or planned unit development application for development exceeding 20,000 square feet in total gross floor area of all combined buildings within the development shall be accompanied or preceded by a new Village-approved detailed neighborhood plan or preliminary plat for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and other nearby lands as determined by the Plan Commission and Village Board to be part of the neighborhood. The detailed neighborhood plan or preliminary plat shall clearly demonstrate the provision of land use, multimodal transportation, utility, stormwater management and community character components, and patterns that clearly forward the objectives of the Village's Comprehensive Plan, as determined by the Plan Commission. The detailed neighborhood plan or preliminary plat shall contain the following specific elements at a scale of not less than one inch equals 400 feet:
1)
Land use with specific zoning districts and/or land uses;
2)
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character;
3)
Complete public road network;
4)
Pedestrian and bicycle network;
5)
Transit routes and stops, where applicable;
6)
Conceptual stormwater management network;
7)
Public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities;
8)
Recommendations for community character themes, including building materials, landscaping, streetscaping, and signage.
c.
Overall building design. The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the Plan Commission:
1)
The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.
2)
A minimum of 20% of the structure's facades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.
3)
A minimum of 20% of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.
4)
Roofs with particular slopes may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective.
5)
Ground-floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length. The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three feet to eight feet above the walkway along any facades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity.
6)
Building facades shall include a repeating pattern that includes no fewer than three of the following elements: i) color change; ii) texture change; iii) material modular change; iv) expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
d.
Landscaped berm. For development exceeding 20,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential, institutional, or office use, a minimum six-foot-high berm shall be provided. The berm shall be planted with a double row of white, green, or blue spruce plantings, or similar species and varieties approved by the Village, spaced 15 feet on center.
e.
Absolute building area cap. No individual building devoted to retail, entertainment, or a combination of retail and entertainment land uses, shall exceed a total of 60,000 square feet in gross floor area for the combined gross floor area of all retail and entertainment land uses. Office, institutional, personal or professional service, studio, and residential uses may be located in the same building as said retail and/or entertainment land uses and may bring the total gross floor area over the 60,000-square-foot cap. This cap may not be exceeded by the granting of a planned development permit. This cap shall not apply to buildings used solely for office, institutional, personal, or professional service, or studio uses, or to buildings comprised solely of a combination of said uses.
f.
Building and parking placement. A maximum of 50% of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line.
3.
Additional rules beyond those required in Subsection (2)(b)1 or 2, applicable to multiple detached single-family homes on a single parcel:
[Added 12-1-2021 by Ord. No. 2021-11]
a.
All dwelling units shall have access to a private street or public right-of-way and be connected to public sewer and water utilities.
b.
All development shall be located so as to comply with the intent of the regulating setbacks of structures and buildings from lot lines [Section 17.63(2)(b)]. All detached single-family homes within a group development shall comply with the following bulk dimensions:
Bulk Requirement | Dimension | |
|---|---|---|
Minimum lot area | 3,300 square feet | |
Minimum lot width | 35 feet | |
Minimum street frontage | 35 feet | |
Minimum front or street side lot line setback | 9 feet | |
Minimum front porch setback | 4 feet | |
Minimum front porch depth | 6 feet | |
Minimum side lot line setback | 5 feet | |
Minimum rear yard setback | 16 feet | |
Minimum accessory structure setback | No accessory structures permitted | |
Minimum paved surface setback (side or rear) | 3 feet | |
Minimum paved surface setback (from street) | 5 feet | |
Maximum building height | 35 feet | |
Minimum number of off-street parking required per lot | 2 | |
Maximum impervious surface | 60% | |