New Auburn Village City Zoning Code
ARTICLE III
Residential Districts
§ 350-25 R-1 Single-Family Residential District.
Primary Purpose and Characteristics: The R-1 Single-Family Residential District is intended to provide a quiet, pleasant, and low-to-moderate density living area protected from excessive traffic and nuisances, such as noise, odors, vibration, and uses which are incompatible with the provisions of this chapter for this district. The R-1 Single-Family Residential District shall be municipally sewered, unless specifically exempted by the Village Board because sewer extensions are not available. Nothing contained herein, or any action whereby land is included in the R-1 district, will prevent the Village Board from requiring sewer in the future.
A.
Permitted uses.
(1)
A single-family detached dwelling unit structure.
(2)
Public parks and playgrounds.
(3)
Community living arrangement which has a capacity for eight or fewer persons being served by the program, subject to state licensing requirements, and provided it meets the requirements of § 60.63, Wis. Stats.
(4)
A licensed family day care, limited to not more than eight children.
B.
Conditional uses.
(1)
Schools.
(2)
Government and community buildings.
(3)
Churches and cemeteries.
(4)
Nonprofit museums, libraries, and community centers.
(5)
Nursing homes and hospitals.
(6)
Golf courses.
(7)
Group day care home licenses for nine or more children, subject to all state licensing requirements.
(8)
Community living arrangement which has a capacity for nine or more persons being served by the program, subject to state licensing requirements and provided it meets the requirements of § 60.63 Wis. Stats.
(9)
Private lodges and clubs.
(10)
Public utility infrastructure and offices.
(11)
Siting and construction of any new mobile support structure and/or facility or Class 1 collocation of a new mobile service facility on an existing support structure, per Article 6.
(12)
Bed-and-breakfast establishment, provided the establishment complies with standards of Chapter DHS 197, Wis. Adm. Code.
(13)
Accessory dwelling unit, in accordance with the following standards:
(a)
Not more than one accessory dwelling unit shall be permitted on a lot.
(b)
Accessory dwelling units shall be allowed only on a lot that meets the minimum lot area.
(c)
Accessory dwelling units shall not exceed 800 square feet in floor area and shall have a minimum floor area of 250 square feet.
(d)
The property owner of record must reside in either the primary dwelling unit or the accessory dwelling unit as their permanent legal address. A restrictive agreement shall be recorded to this effect.
(e)
In addition to off-street parking space requirements for the primary dwelling unit, a minimum of one off-street parking space of any efficiency or one-bedroom accessory dwelling unit, or a minimum of two off-street parking spaces for a two or more bedroom accessory dwelling unit, shall be provided.
(f)
The accessory dwelling unit shall not be conveyed or separated in ownership from the primary dwelling unit.
(g)
The accessory dwelling unit shall comply with all pertinent building codes.
(h)
The accessory dwelling unit may be attached to or detached from the single-family residence.
(i)
Attached accessory dwelling units shall comply with the following:
[1]
The accessory dwelling unit shall be clearly incidental to the principal dwelling unit and the building's exterior shall appear to be single-family.
[2]
Only one entrance may be located on the facade of the dwelling facing the street, unless the dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances from balconies or decks.
[3]
Fire escapes or exterior stairs for access to an upper-level accessory dwelling unit shall not be located on the front of the primary dwelling unit.
C.
Dimensional requirements.
(2)
Setbacks and required yards for principal building.
(a)
Minimum front yard: 20 feet.
[1]
Exceptions for existing alignment. When the average depth of existing front yards of existing buildings located within 120 feet on each side of a lot and within the same block as such lot, and in any district in which a front yard is required under this chapter, is less than the least front yard prescribed for a building on such lot by other provisions of this chapter, then in such case, the depth of the front yard of any building or structure on such lot shall not be required to exceed the average of the amount of otherwise prescribed least depth and the average depth of said existing front yards; nor shall it be required to exceed the average of said otherwise prescribed least depth and the depth of the front yard of any existing building on a lot immediately adjoining such lot, nor the average depth of front yards of existing buildings on the two lots immediately adjoining if shallower; but shall be at least 10 feet in any case in any residence district.
(b)
Minimum side yard: 10 feet.
(c)
Minimum rear yard: 20 feet.
§ 350-26 R-2 Single- and Two-Family Residential District.
Primary purpose and characteristics: The R-2 Single- and Two-Family Residence District is intended to provide a quiet, pleasant and low to moderate density living area protected from excessive traffic and nuisances, such as noise, odors, vibration, and uses which are incompatible with the provisions of this chapter for this district. The R-2 Single- and Two-Family Residence District shall be municipally sewered, unless specifically exempted by the Village Board because sewer extensions are not available. Nothing contained herein, or any action whereby land is included in the R-2 district will prevent the Village Board from requiring sewer in the future. This district differs from the R-1 District only in its inclusion of two-family residences as a permitted use and recognizes that two-family residences are compatible with single-family residences in certain areas of the municipality.
D.
Zero-lot line duplexes shall be subject to the following minimum requirements:
(1)
Maximum number of dwelling units per lot: one.
(2)
Minimum lot size: 10,000 square feet for duplex (i.e., two dwelling units); 5,000 square feet per single-family dwelling unit.
(3)
Minimum lot width: 90 feet (45 feet per lot on which one dwelling unit is located).
(4)
Minimum front yard: 30 feet.
(5)
Minimum rear yard: 25 feet.
(6)
Minimum side yard: 10 feet to the outside walls of the single-structure, except no setback requirements where the building is connected to the building on the adjoining lot.
(7)
Minimum building size: 900 square feet per dwelling unit.
(8)
Attached garage: each dwelling unit shall have an attached garage for at least one vehicle.
(9)
Maximum building height: 35 feet.
E.
Additional requirements for zero-lot line duplexes.
(1)
A maintenance agreement shall be entered into by the owners of both zero-lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for both single-family attached residential units. The maintenance agreement shall require, at a minimum:
(a)
Common siding, roof, and driveway materials.
(b)
Maintenance obligations related to these shared items (including the allocation of costs and method for determining if repairs or replacement is needed); and
(c)
A dispute resolution system.
(d)
Prior to the issuance of the building permit for the construction of a zero-lot line duplex, and prior to issuance of a certificate of occupancy or completion if the building permit was issued prior to the effective date of this chapter, the Property owner or owners shall cause the fully executed agreement to be recorded in the office of the Register of Deeds for the county in which the property is located, so that the terms and conditions of the agreement will be a covenant running with each of the lots and binding upon all owners of each of the lots on which the zero-lot-line duplex is located. A copy of the recorded agreement, showing the recording information shall be filed with the Village Clerk for the Village's records no later than 10 business days after the issuance of the building permit for the zero-lot line duplex or prior to issuance of a certificate of occupancy.
(2)
An eight-foot maintenance easement, four feet on each side of the zero-lot line side property line, to allow for normal maintenance of each single-family attached residential unit shall be recorded with the register of deeds office and a recorded copy provided to the Zoning Administrator.
(3)
The dwelling wall abutting the zero-lot line shall be a one-hour fire wall or to the specifications of the State Building Code in effect at the time of commencement of construction of the structure.
§ 350-27 R-3 Multiple-Family Residential District.
Primary Purpose and Characteristics: The R-3 Multiple-Family Residence District is intended to provide a living environment similar in all respects to the R-1 and R-2 Districts, although with a higher population density and greater diversity of housing types. The R-3 Multiple-Family Residence District shall be municipally sewered, unless specifically exempted by the Village Board because sewer extensions are not available. Nothing contained herein, or any action whereby land is included in the R-3 district, will prevent the Village Board from requiring sewer in the future.
A.
Permitted uses.
(1)
A single-family detached dwelling unit structure.
(2)
Two-family attached dwelling unit structure.
(4)
Multiple-family dwellings.
(5)
Community living arrangement for 15 persons or less, subject to state licensing requirements, provided it meets the requirements of § 60.63 Wis. Stats.
(7)
Public parks and playground.
B.
Conditional uses.
(1)
Community living arrangements which has a capacity for 16 persons or more, subject to state licensing requirements, provided it meets the requirements of Section 60.63 Wis. Stats.
(2)
Schools.
(3)
Churches.
(4)
Government and community buildings.
(5)
Nursing homes.
(6)
Hospitals.
(7)
Golf courses.
(8)
Group day care licenses for nine or more children, subject to all state licensing requirements.
(9)
Private lodges and clubs.
(10)
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, microwave radio towers, sewage disposal plants, municipal incinerators, power plants, shops, and storage yards.
(11)
Public and private utility infrastructure and offices.
C.
Dimensional requirements.
(1)
(4)
Building height.
(a)
Maximum building height of Principal Building: 30 feet; however, a building may be erected to a height of 35 feet if the setback from all required yard lines is increased a distance of one foot for each foot of additional height above 30 feet.
(b)
Maximum building height of Accessory Building: 25 feet.
D.
Zero-lot line duplexes shall be subject to the following minimum requirements:
(1)
Maximum number of dwelling units per lot: one.
(2)
Minimum lot size: 10,000 square feet for duplex (i.e., two dwelling units); 5,000 square feet per single-family dwelling unit.
(3)
Minimum lot width: 90 feet (45 feet per lot on which one dwelling unit is located).
(4)
Minimum front yard: 30 feet.
(5)
Minimum rear yard: 25 feet.
(6)
Minimum side yard: 10 feet to the outside walls of the single-structure, except no setback requirements where the building is connected to the building on the adjoining lot.
(7)
Minimum building size: 900 square feet per dwelling unit.
(8)
Attached garage: each dwelling unit shall have an attached garage for at least one vehicle.
(9)
Maximum building height: 35 feet.
E.
Additional requirements for zero-lot line duplexes.
(1)
A maintenance agreement shall be entered into by the owners of both zero-lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for both single-family attached residential units. The maintenance agreement shall require, at a minimum:
(a)
Common siding, roof, and driveway materials,
(b)
Maintenance obligations related to these shared items (including the allocation of costs and method for determining if repairs or replacement is needed); and
(c)
A dispute resolution system.
(d)
Prior to the issuance of the building permit for the construction of a zero-lot line duplex, and prior to issuance of a certificate of occupancy or completion if the building permit was issued prior to the effective date of this chapter, the Property owner or owners shall cause the fully executed agreement to be recorded in the office of the Register of Deeds for the county in which the property is located, so that the terms and conditions of the agreement will be a covenant running with each of the lots and binding upon all owners of each of the lots on which the zero-lot-line duplex is located. A copy of the recorded agreement, showing the recording information, shall be filed with the Village Clerk for the Village's records no later than 10 business days after the issuance of the building permit for the zero-lot line duplex or prior to issuance of a certificate of occupancy.
(2)
An eight-foot maintenance easement, four-feet on each side of the zero-lot line side property line, to allow for normal maintenance of each single-family attached residential unit shall be recorded with the register of deeds office and a recorded copy provided to the Zoning Administrator.
(3)
The dwelling wall abutting the zero-lot line shall be a one-hour fire wall or to the specifications of the State Building Code in effect at the time of commencement of construction of the structure.
§ 350-28 MHP Mobile Home Park District.
Primary Purpose and Characteristics: This district is intended to create, preserve, and enhance areas exclusively designed for mobile home communities. It is also the intent to regulate the placing of mobile homes of all types and varieties in the Village with regards to providing adequate standards to protect the public health, safety, morals, convenience, and general welfare.
A.
Occupancy. No mobile home as defined in this chapter shall be occupied or used for living or sleeping purposes unless it is located in a mobile home park that has been granted an appropriate permit by the Village Board in accordance with the procedures set forth in this section and Chapter 223, Mobile Homes. Temporary mobile homes or recreational vehicles used on construction projects or in conjunction with events may be permitted when approved by the Village Board.
B.
Permitted uses.
(1)
Mobile home used for single-family residential uses.
(2)
One single-family dwelling unit per park for the owner, operator or caretaker thereof.
(3)
Service buildings such as park offices, laundromats, and recreational buildings provided that such uses be subordinate to the residential character of the park and are intended for use only by park residents.
(4)
Accessory structures such as storage sheds, porches, and carports, as approved by the park management. Accessory structures shall meet the minimum setback requirements prescribed for the basic mobile home unit.
C.
Prohibited uses.
D.
Minimum dimensional standards and requirements for mobile home parks.
(1)
Park size. The minimum size of a mobile home park shall be five acres.
(2)
Density. The maximum density for mobile home parks shall be eight mobile home units or lots per gross acres.
(3)
Setbacks. No mobile home shall be located closer than 30 feet from any park property boundary line.
(4)
Drainage and landscaping. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner away from the mobile home stand; all mobile home sites shall be sodded or seeded and the park shall be attractively landscaped in accordance with a plan submitted at the time of initial permit application.
(5)
Recreation areas. Each park shall contain a recreation area. A minimum of one-half acre of area for such use shall be provided for each 100 sites. The minimum area in a park shall be one-half acre.
(6)
Screening. All mobile home parks shall be provided with a screening of trees or shrubs along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. Within six months after issuance of the appropriate licenses and permits for the occupation of such mobile home park, the following plantings shall be established:
(a)
A permanent planting of trees and shrubs so arranged and in sufficient numbers so as to form a solid wall of plant material. Such planting shall be a minimum height of two feet at the original time of planting and shall be grown or maintained at a height of not less than 10 feet, except where line of sight vision is necessary for pedestrian or vehicular traffic safety.
(7)
Access and parking requirements.
(a)
General requirements.
[1]
All mobile home stands shall be provided with safe, convenient access to public streets and roads. Such access shall be provided by private streets located within the park boundaries.
[2]
Park entrances. Entrances to parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets.
[3]
Interior streets. Paving requirements for interior streets shall adhere to locally applicable codes and shall meet the following width standards:
[a]
Two-way street with parking on both sides: 32 feet.
[b]
Two-way street with parking on one side: 25 feet.
[c]
Two-way street with parking prohibited: 18 feet.
[d]
One-way street with parking on one side: 22 feet.
[e]
One-way street with parking prohibited: 14 feet. Right-of-way width shall be at least 66 feet, unless the Village Board has specifically approved a lesser width, but shall in no case be less than 50 feet.
(b)
Parking requirements.
[1]
A minimum of two improved parking spaces shall be provided for each mobile home, one of which will be on the mobile home site.
[2]
An open, well-drained, dust-free storage area for the parking of boats, trailers and outside vehicles shall be provided. The minimum size of such area shall be 100 square feet per mobile home site. The storage area shall be fenced to prevent access from outside the park.
(c)
Walkway requirements. Pedestrian walkways shall be provided in the area of the service buildings, along major streets, and other location of anticipated heavy foot traffic. Walkways shall be a minimum of three feet wide and be dust-free. In addition, each mobile home stand shall be provided with a walkway from the stand to the street or parking space.
(d)
Water and sanitary sewer requirements. Mobile home parks and each mobile home therein shall be connected to public water and sanitary sewage facilities.
(e)
Plumbing requirements. All plumbing within the park and within the mobile homes therein shall meet all applicable standards for the Wisconsin Administrative Code and any additional requirements of the Village Board.
(f)
Solid waste requirements. All solid waste shall be stored, collected, and disposed in compliance with Ch. DHS 177 of the Wisconsin Administrative Code.
E.
Mobile home site requirements.
(1)
Each site for the placement of mobile homes shall be clearly staked or otherwise delineated and shall meet the following standards.
(2)
Minimum lot size. Individual lots within the mobile home park shall contain an area of not less than 5,000 square feet and shall have a minimum width at the narrowest point, of 50 feet.
(3)
Mobile home stand. A mobile home stand with minimum dimensions of 17 feet by 70 feet intended for the actual placement of the mobile home shall be provided on each mobile home site. The stand shall be hard surfaced with asphalt, concrete or similar material and provide adequate drainage and support against settling and frost heave. The mobile home stand shall be equipped with tie downs and anchors to secure the mobile home against winds.
(4)
Required separation between mobile homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or porch attached to the mobile home shall, for purposes of the separation requirements, be considered a part of the mobile home. The basic unit shall not occupy in excess of one-fourth of the area of the lot and the complete unit, including all accessory structures, shall not occupy more than one-half of the area of the lot.
(5)
Setback and buffer strips. Each mobile home shall be located at least five feet from any mobile home lot line. There shall be a minimum setback of the mobile home of 20 feet from the front, or main street side of the lot and of at least 10 feet from the rear of the lot. All mobile homes shall be located at least 30 feet from any park property boundary line.
F.
Administration.
(1)
Mobile home park license. It shall be unlawful for a person to establish or operate a mobile home park upon property owned or controlled by him/her within the Village New Auburn without having first secured the conditional use permit required by Chapter 350, Zoning, and the mobile home park license required by Chapter 223, Mobile Homes. The application for a mobile home park license shall accompany the conditional use permit request and shall be accompanied by a fee in the amount of $25. The Village Clerk shall issue the mobile home park license only upon Village Board approval of the conditional use permit. The mobile home park license fee will be returned to the applicant if the conditional use permit is denied.
(2)
Mobile home park application. New mobile home parks, as herein defined, shall require a conditional use permit, issued in accordance with the provision of this section. Applications for a conditional use permit shall contain the following information:
(a)
Name and address of the applicant. If the owner of the land is other than the application, a duly verified statement by the owner that the applicant is authorized by him/her to construct the proposed park and make the application.
(b)
Location and legal description of the proposed mobile home park.
(c)
Existing easements and covenants affecting the property.
(d)
Land characteristics, such as natural drainage, swamp areas and wooded areas.
(e)
Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities.
(f)
Complete preliminary engineering plans and specifications of the proposed park showing, but not limited to, the following:
[1]
The area and dimensions of the tract of land.
[2]
The number, location and size of all mobile home lots and the location of common and recreational area.
[3]
The location and width of roadways and walkways.
[4]
The location of the mobile home stands within the mobile home park, including a detailed sketch of at least one typical mobile home lot and stand therein.
[5]
Plans and specifications of all utilities, including: sewage collection and disposal, stormwater drainage, water distribution and supply, solid waste storage and collection, lighting, electrical, telephone and TV antenna systems.
[6]
Landscaping plans for the entire park, including a planting plan for the buffer strip.
[7]
Plans and specifications of all buildings to be located within the park.
[8]
Written statements describing proposed park operations, management on-site and off-site, and maintenance, including proposed fees/charges, and rules to be established by the operator for conduct of persons within the park.
[9]
Such other plans and specifications as may reasonably be required by the Planning Commission or Village Board.
(3)
Application review and approval process.
(a)
Plan commission review and recommendation.
[1]
The Plan Commission shall review the conditional use permit application to determine its conformity with land development trends in the community and recognized principles of design, land use planning and landscape architecture.
(b)
Determination of Village Board. After receipt of the recommendations of the Plan Commission, the Village Board shall make its determination regarding the conditional use permit.
(c)
Findings of fact.
[1]
Within 30 days after the close of the public hearing in regard to the proposed conditional use permit, the Village Board shall approve, approved with conditions, approve with modifications, or disapprove the conditional use permit.
[2]
For the Village Board to make an affirmative recommendation, it must find in each of the following instances that:
[a]
The establishment of a proposed mobile home park will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.
[b]
The proposed mobile home park will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
[c]
The proposed mobile home park will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in this district.
[d]
Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being, or will be provided.
[e]
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
G.
Manufactured homes exempt.
(1)
Purpose of exemption. To allow specific manufactured housing that is compatible and in character with conventional housing within the Village of New Auburn.
(2)
(a)
Designed to be used as a dwelling, and when placed on site:
[1]
Is set upon an enclosed permanent foundation upon land which is owned by the manufactured homeowner, and
[2]
Is off its wheels, and
[3]
Is properly connected to utilities, and
[4]
Is installed in accordance with the manufacturer's instructions of a plan certified by a registered architect or engineer so as to ensure proper support for the home, and
[5]
Has no tow bars, wheels or axles attached to it.
§ 350-29 RD Rural Development District.
Primary purpose and characteristics. The Rural Development District is intended to allow for residential and general agricultural use within the Village.
A.
B.
Conditional uses.
(1)
Bed-and-breakfast establishments subject to the provisions of § 350-27A(6).
(2)
Public parks and playgrounds.
(3)
Sporting and pet animal kennels.
(4)
Cattle and hog feed lots; turkey, chicken and other fowl operations; hog barns and hog raising.
(5)
Commercial establishments.
(6)
Multifamily dwellings.
(7)
Any other conditional use as stated in the R-3 District.
C.
Dimensional requirements.
(2)
Setbacks and required yards for principal building.
(a)
For all single- and two-family dwellings:
[1]
Minimum front yard: 20 feet.
*Exceptions for Existing Alignment. When the average depth of existing front yards of existing buildings located within 120 feet on each side of a lot and within the same block as such lot, and in any district in which a front yard is required under this chapter, is less than the least front yard prescribed for a building on such lot by other provisions of this chapter, then in such case, the depth of the front yard of any building or structure on such lot shall not be required to exceed the average of the amount of otherwise prescribed least depth and the average depth of said existing front yards; nor shall it be required to exceed the average of said otherwise prescribed least depth and the depth of the front yard of any existing building on a lot immediately adjoining such lot, nor the average depth of front yards of existing buildings on the two lots immediately adjoining if shallower; but shall be at least 10 feet in any case in any residence district.
[2]
Minimum side yard: 10 feet.
[3]
Minimum rear yard: 20 feet.