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New Glarus City Zoning Code

ARTICLE III

Zoning Districts

§ 305-13 Establishment of zoning districts; Zoning Map; allowable land uses.

[Amended 7-1-2003 by Ord. No. 03-04; 3-3-2020 by Ord. No. 20-03; 5-7-2024 by Ord. No. 24-03; 7-2-2024 by Ord. No. 24-04; 11-6-2024 by Ord. No. 24-15]
A. 
Districts. The Village of New Glarus is hereby divided into the following zoning districts:
(1) 
R-1 Residence District.
(2) 
R-2 Mobile Home Residence District.
(3) 
A Agricultural District.
(4) 
C-1 Commercial District.
(5) 
C-2 Highway Commercial District.
(6) 
I Industrial District.
(7) 
CON Conservancy District.
(8) 
H Historic District.
(9) 
S Shoreland-Wetland District.
(10) 
PUD Planned Unit Development District.
(11) 
SDO Swiss Design Overlay District.
B. 
Zoning Map. The boundaries of these districts are shown upon the map accompanying this chapter, except that § 248-10 of the Municipal Code shall control as to the boundary of the S Shoreland-Wetland District in the event of any conflict. This map is designated as the Zoning Map of the Village of New Glarus. Specifically, the map is titled "Zoning District Map, New Glarus, Wisconsin," adopted June 2, 1996, and as from time-to-time amended. The Zoning Map shall be on file with the Clerk-Treasurer of the Village of New Glarus, together with all notations, references, and other information shown thereon, and is a part of this chapter having the same force and effect as if said Zoning Map and all notations, references and other information shown thereon were fully set forth.
C. 
Annexation. All land which may hereafter be annexed to the Village shall, unless otherwise provided in the annexation ordinance, be automatically classified in the Agricultural District pending a public hearing by the Plan Commission and adoption of an ordinance amending the district designation by the Village Board.
D. 
Permitted, conditional, and prohibited land uses by district.
(1) 
Figure 305-3 lists permitted and conditional within each of the zoning districts described in Subsection A, except for the H, S, and PUD districts. Section 305-106 includes definitions and standards for many of the land uses listed in this figure.
(2) 
Except as provided under § 305-9D, any land use not listed in Figure 305-3 as a permitted or conditional land use in a zoning district shall be prohibited in such district. If such an unlisted land use was previously lawfully established and continued in the zoning district despite its prohibited status, such land use is a nonconforming use pursuant to Article V.
P = Permitted Use
C = Conditional Use
Empty Cell = Prohibited Use in District
Figure 305-3 Allowable Uses in Zoning Districts
Land Use Category
(#) Land Use Type
Zoning District
R-1
Residence
R-2
Mobile Home Residence
A
Agricultural
C-1
Commercial
C-2
Highway Commercial
I
Industrial
CON
Conservancy
A.
Residential Land Uses (as may be defined and regulated in § 305-106 and/or elsewhere in this chapter)
(1)
Single-family dwelling
P
C
P
C
(2)
Two-family dwelling
P
C
(3)
Multiple-family dwelling
C
C
C
(4)
Boarding house
C
C
C
(5)
Mixed use dwelling unit
P
C
(6)
Tourist lodging
P
P
P
(7)
Mobile home
P
B.
Institutional and Recreational Land Uses (as may be defined and/or regulated in § 305-106 or elsewhere in chapter)
(1)
Community living arrangement (1 to 8 persons)
P
C
(2)
Community living arrangement (9 to 15 persons)
C
C
(3)
Community living arrangement (16+ persons)
C
C
(4)
Indoor Institutional
C
C
P
C
C
C
(5)
Outdoor Institutional
C
C
C
(6)
Campground or recreational vehicle park, per § 305-38
C
C
(7)
Outdoor public recreation
P
P
P
P
P
P
P
(8)
Public service or utility
C
C
C
C
P
P
C
C.
Commercial Land Uses (as may be defined and regulated in § 305-106 and/or elsewhere in this chapter)
(1)
Office
C
P
P
P
(2)
Personal or professional service
P
P
C
(3)
Indoor sales
P
P
C
(4)
Liquor, tobacco, CBD, or other store selling intoxicating beverages or materials, not including any pharmacy
C
C
(5)
Convenient cash, payday loan, installment loan, cash for gold, pawn shop, or similar business
C
C
(6)
Outdoor display
C
C
C
(7)
In-vehicle sales or service
C
C
C
(8)
Dining and indoor commercial entertainment
P
P
C
(9)
Outdoor commercial entertainment
C
C
C
(10)
Bed and breakfast, per § 305-15E[1]
C
C
C
(11)
Hotel or motel
P
P
(12)
Artisan studio or workshop
C
C
P
P
C
(13)
Day care center
C
P
P
C
(14)
Indoor repair and maintenance
C
C
P
P
(15)
Outdoor and vehicle repair and maintenance
C
C
C
(16)
Adult-oriented establishment, per Chapter 88
C
(17)
Telecommunications facility, per § 305-38.2
C
C
C
C
C
P
C
(18)
Personal storage facility
C
C
P
D.
Transportation, Industrial, and Agricultural Uses (may be defined and regulated in § 305-106 or elsewhere in chapter)
(1)
Off-site parking
C
C
C
C
C
C
(2)
Airport or heliport
C
C
(3)
General industry
P
(4)
Motor freight terminal
C
(5)
Clothing cleaning, bleaching, pressing, and/or dyeing establishment
C
C
P
(6)
Microbeverage production facility
C
C
P
(7)
Warehousing, wholesaling, and/or distribution
C
P
(8)
Wind or solar energy conversion system
C
C
C
(9)
Waste disposal, composting operation, recycling center
C
C
(10)
Mineral extraction operation, per § 305-38.1; asphalt batch or concrete production plant
C
C
(11)
General farming or winery
P
(12)
Roadside stand or seasonal sales of farm and forestry products
P
P
(13)
Commercial animal services and boarding
P
C
E.
Accessory Uses (as may be defined and regulated in § 305-106 and/or elsewhere in this chapter)
(1)
Accessory residential structure
P
P
P
P
(2)
Accessory non-residential/structure
P
P
P
P
P
(3)
Family day care home
P
(4)
Intermediate day care home
C
(5)
Home occupation
P
P
P
(6)
Accessory dwelling unit
P
P
(7)
Outdoor alcohol area
C
C
C
(8)
Outdoor assembly
C
C
C
P
P
P
P
(9)
Light industrial activity incidental to commercial use
P
P
P
(10)
Outdoor display incidental to commercial use
C
C
(11)
Retail sales incidental to industrial use
P
(12)
Outdoor storage of non-farm equipment
C
C
C
P
[1]
Editor's Note: So in original.

§ 305-14 Interpretation of district boundaries.

A. 
Where district boundaries are so indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines shall be construed to be such boundaries.
B. 
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.
C. 
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
D. 
Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
E. 
Questions concerning the exact location of district boundary lines shall be determined by the Village Board.

§ 305-15 R-1 Residence District.

[Amended 8-7-2001 by Ord. No. 01-04; 7-1-2003 by Ord. No. 03-04, as amended; 7-2-2024 by Ord. No. 24-04
A. 
Purpose. The R-1 Residence District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.
D. 
Height and area. In the Residence District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1) 
Height. Buildings hereafter erected or structurally altered shall exceed neither 35 feet nor 2 1/2 stories in height.
(2) 
Side yard.
(a) 
For buildings not over 1 1/2 stories high, the sum of the widths of the required side yards shall not be less than 15 feet and no single side yard shall be less than five feet in width.
(b) 
For buildings more than 1 1/2 stories high, the sum of the widths of the required side yards shall not be less than 20 feet and no single side yard shall be less than eight feet in width.
(c) 
On a single lot having a width of less than 66 feet and of record at the time of the passage of this chapter, the sum of the widths of the side yards shall not be less than the equivalent of 5.5 inches per foot of lot width for buildings not over 1 1/2 stories high and of 6.4 inches per foot of lot width for buildings from 1 1/2 to 2 1/2 stories high, provided, further, that the buildable width of any such lot in no case shall be reduced to less than 24 feet, nor shall the width of any single side yard be less than 40% of the total required side yard width.
(3) 
Front yard setback. Unless otherwise provided, there shall be a setback line of not less than 25 feet from the property line, provided that:
(a) 
Where 50% or more of the buildings along that block have an average setback line of less than 25 feet, the front yard setback line for any new building to be constructed on a vacant lot along such block shall be the average of the actual setbacks of the closest two existing principal structures.
(b) 
On corner lots, the required side yard setback on the street side (nonaddress side) of the corner lot shall be the same as the front yard setback required for structures along said side street.
(4) 
Rear yard.
(a) 
Principal building rear yard setback: 25 feet.
(b) 
Accessory building: three feet.
(5) 
Lot area and width. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 6,600 square feet and lot width of not less than 60 feet; buildings hereafter erected or structurally altered for occupancy by more than one family shall provide a lot area of not less than 3,300 square feet per each additional dwelling unit, and no such lot shall be less than 80 feet in width. See definition of "zero lot line structure" in § 305-106 for potential dimensional standard adjustments.
(6) 
Multifamily housing. Standards for multifamily housing within the Residence District shall be as follows:
(a) 
Maximum building height: 65 feet.
(b) 
Minimum front yard setback: 25 feet.
(c) 
Minimum rear yard setback:
[1] 
Principal building: 25 feet.
[2] 
Accessory building: five feet.
(d) 
Minimum side yard: 10 feet each side, 25 feet total.
(e) 
Minimum average lot width: 66 feet.
(f) 
Minimum lot area per dwelling unit: 3,300 square feet.
(g) 
Minimum floor area per dwelling unit: 720 square feet.

§ 305-16 R-2 Mobile Home Residence District.

[Amended 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. The R-2 Residence District is intended to provide a living area that is pleasant but not as spacious as the R-1 District.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.

§ 305-17 A Agricultural District.

[Amended 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. The Agricultural District provides exclusively for agricultural uses and uses compatible with agriculture. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.
D. 
Height and area. In the Agricultural District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1) 
Height. Buildings hereafter erected or structurally altered for human habitation shall exceed neither 35 feet nor 2 1/2 stories in height.
(2) 
Side yard. There shall be a side yard on each side of a building used for human habitation, which side yards shall be the same as those established by § 305-15.
(3) 
Setback. Unless otherwise provided, there shall be a setback line of not less than 25 feet, provided that:
(a) 
Where 40% or more of the frontage is occupied with buildings having an average setback line of more or of less than 25 feet, the setback line in any vacant interior lot in such frontage shall be established at the point of intersection of its center line, drawn from the front street line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot.
(b) 
On corner lots less than 66 feet wide and of record at the date of the passage of this chapter, where reversed frontage exists, the setback on the side street shall be not less than 50% of the setback required on the lot in the rear, and no accessory building shall project beyond the setback lines of the lots in the rear, provided that in no case shall the buildable width of such corner lot be reduced to less than 24 feet.
(4) 
Rear yard. There shall be a rear yard having a minimum depth of 25 feet.
(5) 
Lot area per family. Every building hereafter erected or structurally altered for human habitation shall provide a lot area of not less than five acres per family, and no such lot shall be less than 66 feet in width.

§ 305-18 C-1 Commercial District.

[Amended 3-4-2003 by Ord. No. 03-01; 7-1-2003 by Ord. No. 03-04, as amended; 5-7-2024 by Ord. No. 24-03; 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. The C-1 Commercial District is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.
D. 
Height and area. In the C-1 Commercial District the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1) 
Height. Buildings hereafter erected or structurally altered shall not exceed 45 feet nor three stories in height.
(2) 
Side yard. For buildings or parts of buildings hereafter erected or structurally altered for residential use, the side yard regulations for the R-1 Residence District shall apply.
(3) 
Setback. Where parts of the frontage are designated on the district map as R-1 Residence District and C-1 Commercial District, the setback regulations of the Residence District shall apply to the Commercial District; otherwise no setback shall be required.
(4) 
Rear yard. There shall be a rear yard having a minimum depth of 20 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet.
(5) 
Lot area per dwelling unit. Every building hereafter erected or structurally altered for occupancy by one family shall provide a lot area of not less than 8,712 square feet per dwelling unit and no less than 66 feet in width; buildings hereafter erected or structurally altered for occupancy by more than one family shall provide a lot area of not less than 4,350 square feet per dwelling unit; and no such lot shall be less than 66 feet in width.
(6) 
Vision clearance. There shall be a vision clearance of not less than 10 feet extending from the corner each direction and a vertical clearance of not less than 10 feet high.

§ 305-19 C-2 Highway Commercial District.

[Amended 3-2-2010 by Ord. No. 10-01; 5-7-2024 by Ord. No. 24-03; 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. The C-2 Highway Commercial District is designed to provide areas in which the principal use of land is devoted to commercial and service establishments which cater specifically to the needs of motor vehicle and tourist-oriented trade.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.
D. 
Height and area. Within the C-2 Highway Commercial District, the height of buildings, the minimum dimensions of yards, maximum building area, and parking requirements shall be as follows:
(1) 
Height. Buildings hereafter erected or structurally altered shall exceed neither 35 feet nor three stories in height.
(2) 
Area. The maximum building area shall not exceed 25,000 square feet.
(3) 
Side yard. There shall be a side yard on each side of the principal building of not less than 10 feet. For accessory buildings, the side yard on each side shall be not less than three feet.
(4) 
Setback.
(a) 
The setback and setback line for State Highway 69 within the Village shall be 100 feet from the center line of such highway.
(b) 
The setback line at any street or avenue intersecting State Highway 69 within the Village shall be on a line between two points 210 feet from the center of the intersecting street or avenue and such highway unless controlled by the state.
(c) 
Any lot not having direct frontage onto a state highway but in C-2 zoning shall have a front setback of 25 feet.
(5) 
Rear yard. There shall be a rear yard having a minimum depth of 20 feet.
(6) 
Lot width. There shall be a minimum lot width of 75 feet measured at the rear of the front yard.

§ 305-20 I Industrial District.

[Amended 7-1-2003 by Ord. No. 03-04, as amended; 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. The I Industrial District is intended primarily for the conduct of manufacturing, assembling and fabrication. It is designed to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards. The uses permitted in this district make it most desirable that they be separated from residential uses.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.
D. 
Height and area. In the I Industrial District, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows:
(1) 
Height. Buildings hereafter erected or structurally altered shall exceed neither 35 feet nor three stories in height.
(2) 
Side yard. For buildings or parts of buildings used for residential purposes, the side yard regulations of the Residence District shall apply; otherwise, a side yard, if provided, shall be not less than 20 feet in width.
(3) 
Setback. Where parts of the frontage are designated on the district map as Residence District and Industrial District, the setback regulations of the Residence District shall apply to the Industrial District; in no case shall the setback be less than 25 feet.
(4) 
Rear yard. There shall be a rear yard having a minimum depth of 20 feet for a building two stories or less in height. For each additional story or fractional story in height, the depth of such rear yard shall be increased three feet.
(5) 
Lot area per family. Every building or part of a building hereafter erected or structurally altered for residential purposes shall provide a lot area of not less than 10,000 square feet per family.

§ 305-21 CON Conservancy District.

[Amended 7-2-2024 by Ord. No. 24-04]
A. 
Purpose. This district is intended to preserve the natural state of areas in the Village and to prevent any development within this district. No specific setbacks, lot sizes, or other dimensional standards are applicable to this district, but any development adjacent to a Conservancy District must consider the intent of the Conservancy District in its developmental plans which will be reviewed by the Plan Commission.
B. 
Permitted uses. Pursuant to § 305-13D and Figure 305-3.
C. 
Conditional uses. Pursuant to § 305-13D and Figure 305-3.

§ 305-22 H Historic District.

A. 
Purpose and intent. The purpose and intent of this district is to:
(1) 
Declare as a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archaeological or historic interest or value is a public necessity and required in the interest of the health, prosperity, safety and welfare of the people.
(2) 
Effect and accomplish the protection, enhancement, and preservation of improvements, sites and districts which represent or reflect elements of the Village of New Glarus' cultural, social, economic, political and architectural history.
(3) 
Safeguard the Village of New Glarus' historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
(4) 
Stabilize and improve property values and enhance the visual and aesthetic character of the Village of New Glarus.
(5) 
Protect and enhance the Village of New Glarus' attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry.
B. 
Creation of historic district.
(1) 
For preservation purposes, the Historic Preservation Commission as established under Chapter 16, § 16-10 of this Code shall select geographically defined areas within the Village of New Glarus to be designated as historic districts and shall prepare a historic preservation plan for each area. An historic district may be designated for any geographic area of a particular historic, architectural or cultural significance to the Village of New Glarus, after application of the criteria in § 16-10F of this Code. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.
(2) 
The Historic Preservation Commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of the public hearing shall be sent by the Village Clerk-Treasurer to the Village Board and the owners of record who are within the proposed historic district or are situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Said notice is to be sent at least 10 days prior to the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan.
(3) 
The Village Board, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in § 305-98 of this chapter, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.
(4) 
Appeal of designation shall follow § 16-10G(4) of this Code.

§ 305-23 S Shoreland-Wetland District.

Provisions for the Shoreland-Wetland District are set forth in Chapter 248, Shoreland-Wetland Zoning, of this Code.

§ 305-24 Planned unit developments.

[Amended 7-1-2003 by Ord. No. 23-04]
A. 
Purpose. The Planned Unit Development (PUD) Zoning District is established to provide a regulatory framework designed to encourage and promote improved environmental design in the Village of New Glarus by allowing for greater freedom, imagination and flexibility in the development of land while assuring substantial compliance with the basic intent of this chapter and the Comprehensive Plan. To this intent it allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate preservation of open land.
[Amended 3-3-2020 by Ord. No. 20-03]
B. 
General procedure. Before commencing with a planned unit development the developer shall obtain approval of the Village Board following a recommendation from the Plan Commission. Three copies of the proposed general development plan, including a site plan, shall be submitted to the Village Clerk-Treasurer and the Plan Commission.
C. 
Site plan. The site plan component of the general development plan shall be drawn at a scale of not less than one inch equals 50 feet and shall include the following information:
(1) 
Location and dimension of property boundaries.
(2) 
Location, size and number of parking spaces.
(3) 
Location, size, use, entrances and exits of all buildings.
(4) 
Elevations and contours sufficient to show topographic features and drainage patterns.
(5) 
Distances between buildings, between buildings and property lines, and between buildings and other improvements on the site, including walks, parking areas and site structures.
(6) 
Location and width of all drives and roadways on the site.
(7) 
Drainage of surface water within the site, including parking lots and street grades, and the size, slope, depth and location of drainage and erosion control pipes and structures.
D. 
Permitted uses. The following uses are permitted in a PUD, provided that no use shall be permitted except in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(1) 
Any use may be permitted subject to the criteria as established in Subsections E and F below, and such requirements as are made a part of an approved, recorded, specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
(2) 
The minimum size for a PUD shall be three acres of land, with a minimum of 12 dwelling units.
(3) 
The PUD tract shall be a development of land under single control. No authorization or permits shall be granted for such development unless the applicant has acquired actual ownership of, or executed a binding sales contract for, all of the property comprising such tract. For purposes of this section, "ownership" shall include a lease of not less than 50 years' duration. The term "single control" shall include ownership by an individual, corporation, partnership, association, trustee, or other legal entity.
E. 
Height, area and setback requirements. Except as provided in Subsection G below, in a PUD there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved, recorded, specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
F. 
Parking requirements. Off-street parking facilities shall be as provided for under Chapter 305, Zoning, and in accordance with the approved specific implementation plan, and such requirements as are made a part of the approved specific implementation plan, along with the recorded plan itself, shall be construed to be and enforced as a part of this section.
G. 
Lot, building and yard requirements for zero lot line or common wall single-family units. For all attached zero lot line or common wall construction single-family duplex or townhouse dwellings allowed in a planned unit development, the following lot, building and yard requirements apply:
(1) 
Lot frontage: minimum 40 feet (each unit).
(2) 
Lot area: minimum 6,000 square feet (each unit).
(3) 
Principal building.
(a) 
Front yard: minimum 20 feet.
(b) 
Side yards: zero feet on one side and minimum of six feet on the other side (if street side of a corner lot, a minimum of 12 feet).
(c) 
Rear yard: minimum 20 feet.
(4) 
Garages: one private garage with up to two stalls per dwelling unit, not exceeding 312 square feet per stall.
(5) 
Building height: maximum 35 feet.
(6) 
Percent of lot coverage: maximum 50% (combined principal and accessory building coverage).
(7) 
Floor area per dwelling unit: minimum 840 square feet.
(8) 
Zero lot line/common wall construction requirements. For all attached zero lot line or common wall construction duplexes and townhouses containing single-family dwellings, each unit shall have separate sewer and water lateral connections. The size, type and installation proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Board, following a recommendation from the Plan Commission. A minimum one-hour fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
(9) 
Number of units. Zero lot line/common wall single-family unit planned unit developments shall, at a minimum, have 12 dwelling units on a minimum of three acres of land.
H. 
Criteria for approval. As a basis for determining the acceptability of a PUD application, the following review criteria shall be applied to the specific implementation plan, with specific consideration as to whether or not it is consistent with the spirit and intent of Chapter 305, Zoning, has been prepared with competent professional advice and guidance and produces significant benefits in terms of environmental design:
(1) 
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
(a) 
Is compatible with the physical nature of the site, with particular concern for the preservation of natural features, tree growth and open spaces.
(b) 
Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
(c) 
Would not adversely affect the anticipated provision for school or other municipal services.
(d) 
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2) 
Economic feasibility and impact. The proponents of a PUD application shall provide the Village satisfactory evidence of its economic feasibility, proof by the proponents of available adequate financing, and that the PUD would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
(3) 
Engineering design standards. The width of street right-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based upon a determination of appropriate standards necessary to implement the specific function in the specific situation. In no case shall standards be less than those necessary to assure the public safety and welfare as determined by the Village.
(4) 
Preservation and maintenance of open space. Adequate provision shall be made for the permanent preservation and maintenance of common open space by private reservation.
(a) 
The open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for approval, an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the PUD. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objectives may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of building, site and operational plans made by the Plan Commission.
(b) 
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the PUD.
(5) 
Implementation schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the plan to the satisfaction of the Village, including suitable provisions for assurance that each phase will be brought to completion in a manner which will not result in any adverse effect upon the community as a result of termination at that point.
I. 
Approval procedure; general development plan.
(1) 
Generally. The procedure for initiating a PUD shall be the same procedure used with other types of rezonings, unless otherwise prescribed by this section. Rezoning takes effect upon the approval of a specific implementation plan, and only for the area covered by said specific implementation plan.
[Amended 3-3-2020 by Ord. No. 20-03]
(2) 
General development plan. The applicant shall submit a general development plan to the Village Clerk-Treasurer. The general development plan shall include the following information:
(a) 
A statement describing the general character of the intended development.
(b) 
An accurate site plan of the project area as required in Subsection C above, including its relationship to surrounding properties and existing topography, key features, and building location and height.
(c) 
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection H.
(d) 
The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density, environmental character and their relationship to adjoining parcels of land within 600 feet of area boundaries.
(e) 
The pattern of public and private streets.
(f) 
The location, size and character of recreational and open space areas reserved or dedicated for public uses, such as schools, parks, greenways, etc.
(g) 
A utility feasibility study.
(h) 
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the Village.
(i) 
General outline of intended organizational structure related to property owners' association, deed restrictions and private provision for common services.
J. 
Specific implementation plan.
(1) 
Submission of plan and fee. The applicant shall submit to the Plan Commission all specific implementation plans associated with each PUD within five years after having been granted an approval of the general development plan. The applicant shall pay required fees and all costs incurred by the Village in checking and processing such plans. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed specific implementation plan.
[Amended 3-3-2020 by Ord. No. 20-03]
(2) 
Possible resubmittal of general development plan. If all specific implementation plans within a PUD have not been submitted within such time specified in Subsection J(1), the developer shall be required to resubmit a general development plan which is subject to all the requirements of this section.
[Amended 3-3-2020 by Ord. No. 20-03]
(3) 
Information required. The specific implementation plan submitted to the Plan Commission shall include the following detailed construction and engineering plans and related documents and schedules:
(a) 
An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(b) 
The pattern of public and private roads, driveways, walkways and parking facilities.
(c) 
Detailed lot layout and subdivision plan where required.
(d) 
The arrangement of building groups and their heights and their architectural character, with particular attention to their influence on adjoining parcels of land, including the casting of unbroken shadows.
(e) 
Sanitary sewer and water mains.
(f) 
Grading plan and storm drainage system.
(g) 
The location and treatment of open space areas and recreational or other special amenities.
(h) 
The location and description of any areas to be dedicated to the public.
(i) 
General landscape treatment.
(j) 
Proof of financing capability.
(k) 
Analysis of economic impact upon the community.
(l) 
A development schedule indicating:
[1] 
The approximate date when construction of the project can be expected to begin.
[2] 
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
[3] 
The anticipated rate of development.
[4] 
The approximate date when the development of each of the stages will be completed.
[5] 
The area and location of common open space that will be provided at each stage.
(m) 
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, common open areas or other facilities.
(n) 
Any other plans, documents or schedules required by the Plan Commission.
(o) 
If the specific implementation plan is to be executed in phases, each phase shall be submitted in accordance with this section.
(p) 
An ownership statement shall be a part of the specific implementation plan and also shall be affixed and noted on the deed.
(4) 
Approval of the specific implementation plan.
(a) 
If the specific implementation plan as submitted is not in substantial compliance with the general development plan, the Plan Commission shall notify the landowner regarding the aspects of the plan that are not in compliance. The landowner may:
[1] 
Treat such notification as denial of the final approval.
[2] 
Refile his/her specific implementation plan so that it does comply with the general development plan.
(b) 
Within 45 days after the filing of the specific implementation plan, the Plan Commission shall forward to the Village Board a written report recommending that the plan be approved, disapproved or approved with conditions and giving the reason(s) for the recommendations.
(c) 
Within 30 days after the receipt of the Plan Commission report the Village Board shall either:
[1] 
Refer the plan back to the Plan Commission for further reports.
[2] 
Approve or reject the plan.
(d) 
If a specific implementation plan is given final approval and thereafter the landowner abandons the plan or any section thereof that has been finally approved and notifies the Village Board in writing, or if the landowner fails to complete development within the area of the approved specific implementation plan within five years after final approval has been granted, such final approval shall terminate and be deemed null and void. The Board may in such circumstances initiate a process under Article XIII to rezone the parcel to its pre-PUD application zoning district(s) or some other zoning district(s) consistent with the Comprehensive Plan.
[Amended 3-3-2020 by Ord. No. 20-03]
(5) 
Approval of plan. Upon approval of the specific implementation plan, the following shall be recorded in the County Register of Deeds office by the landowner within 60 days of approval:
(a) 
The building, site and operational plans for the development as approved.
(b) 
All other commitments and contractual agreements with the Village offered and 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 specific implementation plan. This shall be accomplished prior to the issuance of any building permit.

§ 305-24.1 SDO Swiss Design Overlay District.

[Added 5-7-2024 by Ord. No. 24-03]
A. 
Purpose. The SDO District is intended to define geographic areas within which the Village's Swiss design requirements shall apply to specified buildings, all as per Chapter 118, Article II, of the Municipal Code, in addition to applicable requirements associated with the underlying zoning district.
B. 
SDO District boundaries. The boundaries of the SDO District are as depicted on the Official Zoning Map. All lands within such boundaries are in the SDO District.