- DISTRICT REGULATIONS
(a)
Permitted uses. The RS, RA, and RD districts are intended to provide a quiet, pleasant, and relatively spacious living area protected from intrusion of incompatible land uses. The following uses of land are permitted in the RS, RA, and RD districts:
(1)
One single-family dwelling per lot, except mobile homes, and one residential garage and one accessory building.
(2)
One two-family dwelling per lot, except mobile homes, in the RD district and as conditionally permitted in the RA district as set forth in subsection (b)(6) of this section. One residential garage and one accessory building are permitted per family.
(3)
Municipal parks, playgrounds, recreational fields, and equipment, and related buildings and facilities.
(4)
Signs as permitted by section 98-102, fences as permitted by section 98-103, and retaining walls as permitted by section 98-104.
(5)
Uses customarily incident to any of the uses set forth in this subsection (a), provided that no such use generates unreasonable levels of noise, light, smoke, traffic, or air or water pollution that would create a public or private nuisance.
(6)
Day care providers certified or licensed by the state, and serving not more than eight enrollees.
(b)
Conditional uses.
(1)
Home occupations, including day care providers certified or licensed by the state which serve more than eight enrollees.
(2)
Churches, public or private schools, libraries, cemeteries, and related buildings and facilities.
(3)
Municipal buildings and facilities.
(4)
Public or nonprofit recreational, civic or community center buildings and facilities.
(5)
Public or private utilities and similar services, including buildings and related structures and facilities thereof, including those furnishing water, sewer, electric, gas, telephone, television or radio services; provided, however, that any action by the village board allowing such facilities within public street rights-of-way or other public properties shall constitute the granting of a conditional use permit therefor, notwithstanding the provisions of article III of this chapter.
(6)
Two-family residences in the RA district, subject to the following limitations and such other conditions as may be imposed under article III of this chapter:
a.
No two-family residence may be allowed on any lot less than 150 feet in distance, measured horizontally, from any other lot upon which a two-family residence has been or is permitted.
b.
In any plat or certified survey map approved and recorded which includes lots zoned RA, the village board may, at or prior to approval, designate one or more lots therein as being eligible for a two-family residence, but not more than 20 percent of the lots zoned RA may be so designated and then only in compliance with subsection (b)(6)a. of this section. Such designation shall be valid only if there is shown on the face of such plat or certified survey map on each lot so designated a statement substantially as follows: "APPROVED FOR TWO-FAMILY RESIDENCE," and there is simultaneously recorded with such plat or certified survey map in the office of the Register of Deeds for St. Croix County a certificate of the village clerk specifying the lot so designated for two-family residences. Lots so designated shall not require any further conditional use permit.
c.
Unless a lot has been designated as approved for a two-family residence on a plat or certified survey map pursuant to subsection (b)(6)b. of this section, a two-family residence shall be allowed thereon only by a conditional use permit issued pursuant to article III of this chapter, and then only in compliance with subsection (b)(6)a. of this section. Such conditional use permit shall be valid only if a certificate of the village clerk is recorded with the register of deeds within 30 days after approval thereof, specifying the lot on which a two-family residence is so allowed.
(7)
Uses customarily incident to any of the uses set forth in subsection (b)(6) of this section, provided that no such use generates unreasonable levels of noise, light, smoke, traffic, or air or water pollution that would create a public or private nuisance.
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(c)
Height and area requirements.
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(d)
Sublot. A two-family residence and the lot upon which it is located may be subdivided for separate ownership of each dwelling unit and underlying parcel of land, hereafter referred to as the "sublot," by approval and recording of a certified survey map thereof as a minor subdivision under chapter 86 of this Code.
(1)
While the standards of subsection (c) of this section shall remain applicable to the entire two-family residence and lot as a whole, as though not subdivided, the area and width of an individual sublot may be reduced to the following minimum requirements:
(2)
The interior lot line dividing the dwelling units and sublots shall equally divide the adjoining walls between the two dwelling units. No part of the interior walls, floor, ceiling, basement, or roof of any dwelling unit or any accessory building, garage, or parking area appurtenant to any dwelling unit shall lie wholly or partly within any sublot other than the sublot on which such dwelling unit is located, but a common driveway may be shared if appropriate easements therefor are conveyed and recorded. Completely separate utility services and systems shall be provided for each dwelling unit, including water, sewer, electric, gas, heating, ventilating and air conditioning services and systems.
(Ord. No. 19-2000, § 98.05, 10-3-2000; Ord. No. 02-2013, 2-5-2013)
(a)
Permitted uses. The RM-1, RM-2, and RM-3 districts are intended to provide a living area that is pleasant but with higher densities than the RS, RA, and RD districts. Any use permitted in the RS, RA, and RD districts are permitted in the RM-1, RM-2, and RM-3 districts.
(b)
Conditional uses.
(1)
Multiple-family dwellings.
(2)
Charitable institutions, nursing homes, and private nonprofit clubs and lodges.
(3)
Uses conditionally permitted in the RS, RA, and RD districts as set forth in section 98-31(b).
(4)
Mobile homes, provided the location thereof is approved and a permit granted in the manner provided in article III of this chapter for approval of conditional uses as a part of a planned mobile home development. A planned mobile home development is intended to be exclusively for residential use of mobile homes and shall comply with the following restrictions:
a.
Use. Only the following uses and buildings shall be permitted in a planned mobile home development:
1.
One-family mobile homes.
2.
One office and dwelling for the manager of the mobile home development.
3.
Shared use structures, such as recreational facilities, laundry facilities, storm shelters and similar services for the residents of the mobile home development.
b.
Height. No mobile home or building shall exceed one story or 15 feet in height.
c.
Yards. Every mobile home development shall have minimum front, side, and rear yard setbacks of 50 feet.
d.
Spacing of units. Mobile homes shall not be placed closer than 30 feet apart or within 30 feet of any private roadway serving such units.
e.
Area. Each mobile home development shall have a minimum area of one acre. Each space for a mobile home shall have a minimum area of 5,500 square feet and a minimum width of 40 feet.
f.
Storm shelters. Underground storm shelters shall be provided sufficient to shelter four people per mobile home. No mobile home shall be more than 300 feet from a storm shelter.
g.
Floor area. Each mobile home shall have not less than 600 square feet of floor area.
h.
Parking. Each mobile home space shall have two parking spaces exclusive of any private roadway serving the unit.
i.
Paving. Private roadways and parking spaces shall be paved.
j.
Anchors. Each mobile home shall be securely attached to the ground by a system of anchors capable of preventing rollover or displacement of the mobile home in winds of 100 miles per hour.
k.
Skirting. Each mobile home shall be skirted on all sides with solid material between the mobile home and the ground.
(c)
Height and area requirements. All one-family and two-family residence uses shall be subject to the provisions of section 98-31, and two-family residences may be subdivided as provided in section 98-31(d). Mobile home developments shall be subject to the provisions of sections Wis. Stats. § 62.05 and subsection (b) of this section. All other uses shall comply with the following:
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(d)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103, and 98-104.
(e)
Maximum developed area. Buildings, driveways, and parking areas of premises used for multiple-family or mobile home developments shall not collectively cover more than 30 percent of the land area in the RM-1 district, more than 40 percent of the land area in the RM-2 district, or more than 50 percent of the land area in the RM-3 district. Mobile homes shall be considered buildings in computing covered area under this subsection, but sidewalks, uncovered recreational areas, and uncovered decks and patios shall not be considered as covered areas.
(Ord. No. 19-2000, § 98.06, 10-3-2000)
(a)
Uses. The C-1, C-2 and C-3 commercial districts are provided for the general business and commercial needs of the village. Prior to beginning any new use, all proposed new uses or changes of use are subject to a review by the village clerk as described in section 98-4(k). Within the confines of the permitted and conditional uses listed below any business, commercial, or governmental use may be permitted in commercial districts, except those uses that are unreasonably dangerous or generate noise, light, smoke, traffic, air or water pollution which would create a public or private nuisance. All industrial uses are prohibited. Any use permitted in the RM-2 medium density multiple-family residence district may also be permitted as a conditional use in commercial districts, but shall comply with the provisions of section 98-32 where such provisions are more restrictive than the provisions of this section. No truck terminal or other activity primarily associated with truck transportation or storing, servicing, or repairing of commercial trucks, truck tractors, or semitrailers shall be permitted; however, this shall not prohibit truck transportation of materials or services incidental to and necessary for any conditionally permitted uses.
(b)
Central commercial district (C-1). The C-1 district is intended to provide zoning for small businesses established in the parts of the village which were developed before July 10, 1970. Permitted uses are as follows:
(1)
Taverns and bars.
(2)
Restaurants.
(3)
Barber shops and beauty salons.
(4)
Photography studio.
(5)
Interior design store.
(6)
Tanning salons.
(7)
Offices not exceeding 1,500 square feet.
(8)
Retail shops not exceeding 1,500 square feet.
Conditional uses:
(1)
Other commercial uses similar in nature to the permitted uses.
(2)
Small engine repair shops.
(3)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(4)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(c)
Limited commercial district (C-2). The C-2 district is intended to accommodate those office and/or professional uses which are specifically compatible to one another and often located separate from general retail, variety, and convenience businesses. It is intended that the uses permitted in this district shall be located and designed so as to be in harmony with existing and future residential uses adjacent to or within 1,000 feet of such district. Permitted uses are as follows:
(1)
Professional or public service offices.
(2)
Medical clinics.
(3)
Veterinary clinics, but not including boarding or kenneling other than for medical procedures.
(4)
Retail shops not exceeding 1,500 square feet.
(5)
Government buildings not exceeding 1,500 square feet.
Conditional uses:
(1)
Any C1 use.
(2)
Other commercial uses similar in nature to the permitted uses.
(3)
Small engine repair shops.
(4)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(5)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(6)
Any accessory building or use is limited to the following:
a.
Residential quarters for the owner, proprietor, employee, commercial tenant or caretaker located in the same building as the business;
b.
Garages for storage of vehicles used in conjunction with the operation of the business;
c.
Off street parking and loading areas;
d.
Any other structure or use normally accessory to the above uses.
(d)
General commercial district (C-3).The C-3 district is intended to provide for the orderly and attractive grouping at appropriate locations along principal traffic routes of those business and customer service which are logically related to and dependent upon vehicular traffic or which are specifically designed to serve the needs of such traffic. Permitted uses are as follows:
(1)
Retail stores and shops not exceeding 4,000 square feet of primary floor space.
(2)
Financial institutions and banks.
(3)
Funeral homes.
(4)
All uses listed as permitted uses in C-1 and C-2 districts not exceeding 4,000 square feet.
Conditional uses:
(1)
Service stations and convenience stores.
(2)
Car washes.
(3)
Fitness centers and other commercial recreation facilities such as bowling alleys, golf driving ranges, archery ranges, pool halls, indoor or outdoor volleyball courts, and other similar recreational facilities.
(4)
Other commercial uses similar in nature to the permitted uses.
(5)
Motorized vehicle sales and service.
(6)
Small engine repair.
(7)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(8)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(9)
Self-storage facilities as defined in Wis. Stats. § 704.90 existing before July 1, 1990 provided that all units are enclosed and contained within a single story building(s) for rental to retail customers, no outdoor storage or storage in temporary, movable or containerized units is allowed, and all new structures meet dimensional setback requirements without variances and such other conditions as may be provided for under Article III.
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(e)
Height and area requirements.
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(f)
Off-street parking. (See section 98-105.)
(1)
Residential. Two spaces per dwelling unit.
(2)
Places of public gathering. One space per five persons of designed occupancy.
(3)
Commercial uses. One space per 200 square feet of floor area or part thereof.
(4)
Conditional uses. Notwithstanding the provisions of the subsections (f)(1)—(3) of this section, more or less off-street parking may be required for particular uses, pursuant to any conditional use permit issued therefor.
Parking for commercial uses or places of public gathering may be provided on-site or on an adjacent lot.
(g)
Truck loading area. Sufficient space so that no streets or alleys need be blocked.
(h)
Minimum setback for aboveground flammable liquid pumping or storage facilities. Thirty feet from all lot lines and existing or proposed street lines.
(i)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103, and 98-104.
(Ord. No. 19-2000, § 98.07, 10-3-2000; Ord. No. 06-2009, 11-3-2009; Ord. No. 05-2010, 9-7-2010; Ord. No. 01-2016, 8-2-2016; Ord. No. 01-2019, 3-5-2019)
(a)
Uses. The I, industrial/commercial district is intended to provide for industrial, manufacturing, commercial and municipal uses in areas separated from other sections of the village. Prior to beginning any new use, all proposed new uses or changes of use are subject to a review by the village clerk as described in section 98-4(k). Within the confines of the permitted and conditional uses listed below, industrial uses may be allowed, except those that are unreasonably dangerous or generate noise, light, smoke, traffic, air or water pollution which would create a public or private nuisance. All residential uses are prohibited. No truck terminal or other use or activity primarily engaged in truck transportation or in sending, receiving, storing, repairing, or servicing of commercial trucks, truck tractors, or truck semitrailers shall be permitted; however, this shall not prohibit truck transportation of materials or services to or from any permitted or conditionally permitted use. Permitted uses are as follows:
(1)
Storage facilities, partitioned or unpartitioned, for rental to wholesale or retail customers.
(2)
Machine shops.
(3)
Welding shops.
(4)
Artist studios.
(5)
Cabinet and woodworking shops.
(6)
Offices and display areas.
(7)
Printing and publishing houses and related activities.
(8)
Packing and/or packaging operations.
(9)
Lumber and building supplies and services.
(10)
Computer data processing and communication services.
Conditional uses:
(1)
Communication structures/towers, utilities and public services.
(2)
Automobile/motorcycle/small engine repair shops.
(3)
Animal based businesses - kennels, hospitals or laboratories.
(4)
Salvage shops.
(5)
Manufacturing and assembly operations.
(6)
Laboratories and research facilities.
(7)
Food processing.
(8)
Energy development and power transmission manufacturing.
(9)
General warehousing in storage buildings or yards for commercial or industrial goods and materials. Such goods or materials must be stored inside a building or within an open area attractively and effectively visually screened from public streets, roads, or highways and adjacent nonindustrial uses. Limited on site retail sales may be permitted, but warehousing for the primary purpose of direct retail sales to customers on site is not permitted.
(10)
Storage tanks of hazardous substances, chemicals, and flammable liquids used in the manufacturing process. Extremely hazardous substances, as defined in Section 302 of U.S. EPA Emergency Planning and Community Right to Know Act (EPCRA), are not permitted.
(11)
Fuel storage tanks for use by the business in its operations, but not for wholesale or retail sale.
(12)
Other industrial uses similar in nature to the permitted industrial uses, and other commercial uses (as defined in section 98-33) which are compatible with the permitted industrial uses and with existing uses within 500 feet of the proposed use.
(13)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(14)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(b)
Height and area requirements.
(1)
Maximum building height, 45 feet.
(2)
Minimum side yard setback, 20 feet.
(3)
Minimum front yard setback, 40 feet.
(4)
Minimum rear yard setback, 40 feet.
(5)
Minimum lot width, 100 feet.
(c)
Parking. One space per employee. (See section 98-105.)
(d)
Truck unloading area. Sufficient space so that no streets or alleys need be blocked.
(e)
Minimum setback for aboveground flammable liquid pumping or storage facilities. Thirty feet from all lot lines and existing or proposed street lines.
(f)
Maximum developed area. Buildings, driveways, and parking areas shall not collectively cover more than 75 percent of the lot area.
(g)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103 and 98-104.
(Ord. No. 19-2000, § 98.08, 10-3-2000; Ord. No. 06-2009, 11-3-2009; Ord. No. 05-2010, 9-7-2010; Ord. No. 01-2013, 2-5-2013)
(a)
Statement of purpose. All buildings and uses in the PDD, planned development district are conditional uses under article III of this chapter, and subject to fees and escrow deposits set forth in chapter 62. The PDD district is established to provide a regulatory framework designed to encourage and promote environmental design in the village by allowing for greater freedom, imagination, and flexibility in the development of land while assuring substantial compliance to the basic intent of the zoning and subdivision ordinances and the general plan for community development. To this intent it allows diversification and variation in uses, structures, open spaces, and 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.
(1)
Boundaries; zoning maps. The boundaries of all PDD districts shall be shown on the official zoning map of the village, and subsequent amendments to such map.
(2)
Minimum size. The minimum size for a PDD district shall be four acres of land unless the physical characteristics of the land or other factors make it necessary for the planned development to be less than four acres.
(3)
Single control; ownership. Each tract shall be a development of land under single control. No authorization or permit shall be granted for such development unless the applicant has acquired actual ownership of all of the property comprising such tract. An application for authorization or permit may be submitted by an applicant who has executed a binding purchase agreement for the property. The term "single control" shall include ownership by an individual, corporation, partnership, joint venture, association, trust, or other legal entity.
(b)
Permitted uses. Any use permitted by right or as a conditional use in any of the other zoning districts may be permitted in the PDD district, but only in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as set forth in this section.
(c)
Lot area, lot width, height, floor area, and setback requirements. There shall be no predetermined specific lot area, lot width, height, floor area, and setback requirements in the PDD district, but such requirements as are made a part of an approved specific implementation plan.
(d)
Signs. Signs may be permitted in the PDD district in accordance with section 98-102 and such other requirements as are made a part of the approved specific implementation plan.
(e)
Off-street parking. Off-street parking facilities in the PDD district shall be provided in accordance with the approved specific implementation plan.
(f)
Rezoning procedure. The procedure for rezoning to a PDD district shall be as required for any other zoning district change under this chapter, except that in addition thereto, the rezoning may only be considered in conjunction with a general development plan. Public hearings and action on the petition shall follow the procedures established in article III of this chapter. The applicant shall pay to the village clerk escrow deposits in accordance with section 98-58, and such section shall apply throughout the planned development application process.
(g)
General development plan. The applicant for a PDD district shall submit a general development plan to the plan commission signed by owners of all property within the proposed PDD district. The general development plan shall include the following information:
(1)
A statement describing the general character of the intended PDD district, including a rationale and economic development plan consistent with existing and future public services which encourage and facilitate preservation of open land.
(2)
An accurate map of the project area, including its relationship to surrounding properties and existing topography, key features, and proposed building locations, height, and bulk.
(3)
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) of this section.
(4)
The pattern of proposed land use, including shape, size, and arrangement of proposed use area, density, and environmental character, and their relationship to adjoining parcels of land within 600 feet of the district's boundaries.
(5)
The pattern of existing and proposed streets, driveways, walkways, and parking facilities.
(6)
The location, size, and character of recreational and open space areas reserved or dedicated for public uses, such as schools, parks, green spaces, etc.
(7)
The plans for utility services and surface water drainage.
(8)
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, expected staging of development, and any other plans or data pertinent to evaluation by the village under the criteria of subsection (h) of this section.
(9)
A general outline of the intended organizational structure related to property owners' associations, deed restrictions, and provision for common private services.
(10)
Analysis of economic impact upon the village and surrounding community.
(h)
Criteria for approval. As a basis for determining the acceptability of a PDD district application, the following criteria shall be applied to the general development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this section, 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.
Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth, and open spaces.
b.
Will produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area.
c.
Will not unduly affect the anticipated provision for school or other village services.
d.
Will not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The applicant shall provide satisfactory evidence of economic feasibility, availability of adequate financing, and show that the planned development will not adversely affect the economic prosperity of the village or the values of surrounding properties.
(3)
Engineering design standards. The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for surface water drainage, or other environmental engineering considerations shall be based upon appropriate standards necessary to implement the specific function in the specific location. However, 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 either as the village may require by private reservation or dedication to the public in accordance with Wis. Stats. § 86.05.
a.
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village open space easements or recorded covenants restricting such open areas against any future building or use except as is consistent with that of providing open space for the aesthetic and recreational benefit of the district and as consistent with the requirements of this chapter.
b.
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the district. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.
(5)
Implementation schedule. The applicant shall submit a reasonable schedule for implementation of the development plan satisfactory to the village board, 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)
Effect of rezoning. Approval of the rezoning and related general development plan shall establish the basic type of use for the area in conformity with the plan as approved, which shall be an integral component of the district regulations. The general development plan shall automatically be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(j)
Specific implementation plan.
(1)
Submitted. A specific and detailed plan for implementation of all or a part of a proposed PDD district shall be submitted to the plan commission within 12 months after approval of the general development plan, unless the plan commission grants an extension thereof.
(2)
Failure to submit plan. If a specific implementation plan which the village board determines to be a reasonable phase of the total plan has not been submitted within the period set forth in subsection (j)(1) of this section, a petition may be filed with the village clerk by any village official or other person to rezone the property from PDD district back to the previous zoning or such other zoning as may be appropriate.
(3)
Required. The specific implementation plan shall be submitted to the plan commission and shall include the following detailed construction and engineering plans and related documents and schedules:
a.
An accurate map of the area covered by the specific implementation plan, including the relationship to the total general development plan.
b.
The pattern of streets, driveways, walkways, and parking facilities.
c.
Detailed lot layout and preliminary plat or certified survey map for the subdivision under chapter 86 of this Code, if required.
d.
Arrangement, architecture, height, and area of buildings with particular attention to their influence on adjoining parcels of land.
e.
Water and sanitary sewer systems.
f.
Grading plan and surface water 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 for the final approved project.
k.
A development schedule indicating:
1.
Approximate date when construction of project will begin.
2.
Stages in which the project will be built and the approximate date when construction of each stage will begin.
3.
Anticipated rate of development.
4.
Approximate date when the development of each of the stages will be completed.
5.
Area and location of private and public open space that will be provided at each stage.
l.
Agreements, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the PDD district, and any of its common services, private open space areas, or other facilities.
m.
Any other plans, documents, or schedules requested by the plan commission or village board.
n.
If the general development plan is to be implemented in phases, each phase shall have a specific implementation plan. Each specific implementation plan shall be submitted in accordance with this section and shall be in conformity with the general development plan.
(k)
Approval of the specific implementation plan.
(1)
If the specific implementation plan for all or part of the general development plan submitted for final approval is in substantial compliance with the approved general development plan, the plan commission and village board may give final approval of the specific implementation plan or any part thereof without further public hearing. Within 45 days after submission of a specific implementation plan in substantial compliance with the approved general development plan, the plan commission shall issue its recommendation thereon and within 45 days thereafter, the village board shall either grant or deny the final approval of such specific implementation plan.
(2)
If the specific implementation plan as submitted is not in substantial compliance with the general development plan, the plan commission shall notify the applicant of the insufficiency within 60 days of the date of submission of such specific implementation plan. The applicant may treat such notification as denial of final approval or amend the specific implementation plan so that it does substantially comply with the general development plan. As an alternative to amending the specific implementation plan, the applicant may file a written request with the village clerk that the plan commission and village board hold a joint public hearing on the specific implementation plan as submitted for final approval. Any such hearing shall be held within 60 days after receipt of request for such hearing. Within 45 days after such hearing, the plan commission shall issue its recommendation thereon and within 45 days thereafter, the village board shall either grant or deny final approval of the specific implementation plan.
(3)
If the plan commission or village board fail to act within the times prescribed, either by grant or denial of the final approval of the specific implementation plan, such plan shall be deemed to be denied unless the applicant has agreed to extend the time limits.
(4)
If a specific implementation plan is given final approval and thereafter the applicant abandons such plan or any section thereof, or if the applicant fails to commence work thereon within 18 months after final approval, or if substantial work on the project ceases for four months, such final approval shall terminate and be deemed null and void, unless such period is extended by the village board upon written application of the applicant.
(5)
Recording.
a.
Within ten days after final approval of a specific implementation plan and any required plat or certified survey map, the applicant shall record the following with the St. Croix County Register of Deeds:
1.
The final plat or certified survey map, if any, and additional maps or plans the village board deems necessary to record to adequately describe the planned development to the public.
2.
Deeds, mortgages, and other conveyances to the village and other public bodies.
3.
Documents establishing or amending covenants, deed restrictions, property owners' associations, and provisions for private open spaces and other common areas.
4.
Any other documents the village board deems necessary to record to adequately describe the planned development to the public.
b.
All other commitments and contractual agreements with the village offered or required with regard to project value, character and other factors pertinent to assurance that the proposed development will be carried out basically as presented in its implementation plan shall be filed with the village clerk within 30 days. All such recordings and filings shall be accomplished prior to the issuance of any building or other permits.
(6)
Any proposed change, addition or deletion to an approved specific implementation plan shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or addition constitutes a significant alteration, the procedure provided in subsection (k)(2) of this section shall be required for review thereof.
(l)
Surety for performance. The village board may require as a condition of approval of any general development plan that the applicant post surety in such form, amount, and term as the village board deems appropriate to assure timely and satisfactory completion of any public or private improvements proposed as part of the planned development which, if not completed, would cause material harm, loss or inconvenience to owners or occupants of properties in the district, neighboring properties or the village.
(m)
As-built plans; operating manuals. Within 60 days after completion of construction of public or private streets, water systems, sanitary sewer systems, storm sewer systems, and other utilities, the village shall be furnished with duplicate copies of as-built plans thereof, satisfactory to the village engineer, and operating manuals and other manufacturer's information for equipment therein. The surety required under subsection (l) of this section shall not be released until this subsection has been fully complied with.
(n)
Annual review. The plan commission shall review all unfinished PDD districts within the village at least once each year, and shall report to the village board on the status of the development in each of the districts. If the village board finds that development has not occurred within a reasonable time after the original approval of the PDD district, the village board may instruct the plan commission to initiate a rezoning procedure as set forth in subsection (j)(1) of this section for that portion of the PDD district that has not been developed. In considering such rezoning, it shall not be necessary for the village board to find that the zoning of the PDD district was in error. In the event of such zoning, variances which were allowed by specific implementation plans for each completed phase of the development will be allowed to remain.
(o)
Approval by other agencies. The applicant for a PDD district shall comply with all requirements of other regulatory agencies.
(Ord. No. 19-2000, § 98.09, 10-3-2000; Ord. No. 01-2008, 3-4-2008)
(a)
Permitted uses. The W, conservancy district is intended to preserve the natural state of scenic areas in the village and to prevent uncontrolled, uneconomical spread of development and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property. The following uses are permitted in the W district:
(1)
Management of forestry, wildlife, and fish.
(2)
Harvesting of wild crops, such as ferns, moss, berries, tree fruits, and tree seeds.
(3)
Parks and general recreational areas.
(4)
Uses similar and customarily incident to any of the uses this in this subsection (a).
(b)
Conditional uses.
(1)
Sewage disposal plants, water storage and pumping facilities, golf courses, and seasonal public camping grounds.
(2)
Dams, power stations, and transmission lines and water storage facilities.
(Ord. No. 19-2000, § 98.10, 10-3-2000)
- DISTRICT REGULATIONS
(a)
Permitted uses. The RS, RA, and RD districts are intended to provide a quiet, pleasant, and relatively spacious living area protected from intrusion of incompatible land uses. The following uses of land are permitted in the RS, RA, and RD districts:
(1)
One single-family dwelling per lot, except mobile homes, and one residential garage and one accessory building.
(2)
One two-family dwelling per lot, except mobile homes, in the RD district and as conditionally permitted in the RA district as set forth in subsection (b)(6) of this section. One residential garage and one accessory building are permitted per family.
(3)
Municipal parks, playgrounds, recreational fields, and equipment, and related buildings and facilities.
(4)
Signs as permitted by section 98-102, fences as permitted by section 98-103, and retaining walls as permitted by section 98-104.
(5)
Uses customarily incident to any of the uses set forth in this subsection (a), provided that no such use generates unreasonable levels of noise, light, smoke, traffic, or air or water pollution that would create a public or private nuisance.
(6)
Day care providers certified or licensed by the state, and serving not more than eight enrollees.
(b)
Conditional uses.
(1)
Home occupations, including day care providers certified or licensed by the state which serve more than eight enrollees.
(2)
Churches, public or private schools, libraries, cemeteries, and related buildings and facilities.
(3)
Municipal buildings and facilities.
(4)
Public or nonprofit recreational, civic or community center buildings and facilities.
(5)
Public or private utilities and similar services, including buildings and related structures and facilities thereof, including those furnishing water, sewer, electric, gas, telephone, television or radio services; provided, however, that any action by the village board allowing such facilities within public street rights-of-way or other public properties shall constitute the granting of a conditional use permit therefor, notwithstanding the provisions of article III of this chapter.
(6)
Two-family residences in the RA district, subject to the following limitations and such other conditions as may be imposed under article III of this chapter:
a.
No two-family residence may be allowed on any lot less than 150 feet in distance, measured horizontally, from any other lot upon which a two-family residence has been or is permitted.
b.
In any plat or certified survey map approved and recorded which includes lots zoned RA, the village board may, at or prior to approval, designate one or more lots therein as being eligible for a two-family residence, but not more than 20 percent of the lots zoned RA may be so designated and then only in compliance with subsection (b)(6)a. of this section. Such designation shall be valid only if there is shown on the face of such plat or certified survey map on each lot so designated a statement substantially as follows: "APPROVED FOR TWO-FAMILY RESIDENCE," and there is simultaneously recorded with such plat or certified survey map in the office of the Register of Deeds for St. Croix County a certificate of the village clerk specifying the lot so designated for two-family residences. Lots so designated shall not require any further conditional use permit.
c.
Unless a lot has been designated as approved for a two-family residence on a plat or certified survey map pursuant to subsection (b)(6)b. of this section, a two-family residence shall be allowed thereon only by a conditional use permit issued pursuant to article III of this chapter, and then only in compliance with subsection (b)(6)a. of this section. Such conditional use permit shall be valid only if a certificate of the village clerk is recorded with the register of deeds within 30 days after approval thereof, specifying the lot on which a two-family residence is so allowed.
(7)
Uses customarily incident to any of the uses set forth in subsection (b)(6) of this section, provided that no such use generates unreasonable levels of noise, light, smoke, traffic, or air or water pollution that would create a public or private nuisance.
_____
(c)
Height and area requirements.
_____
(d)
Sublot. A two-family residence and the lot upon which it is located may be subdivided for separate ownership of each dwelling unit and underlying parcel of land, hereafter referred to as the "sublot," by approval and recording of a certified survey map thereof as a minor subdivision under chapter 86 of this Code.
(1)
While the standards of subsection (c) of this section shall remain applicable to the entire two-family residence and lot as a whole, as though not subdivided, the area and width of an individual sublot may be reduced to the following minimum requirements:
(2)
The interior lot line dividing the dwelling units and sublots shall equally divide the adjoining walls between the two dwelling units. No part of the interior walls, floor, ceiling, basement, or roof of any dwelling unit or any accessory building, garage, or parking area appurtenant to any dwelling unit shall lie wholly or partly within any sublot other than the sublot on which such dwelling unit is located, but a common driveway may be shared if appropriate easements therefor are conveyed and recorded. Completely separate utility services and systems shall be provided for each dwelling unit, including water, sewer, electric, gas, heating, ventilating and air conditioning services and systems.
(Ord. No. 19-2000, § 98.05, 10-3-2000; Ord. No. 02-2013, 2-5-2013)
(a)
Permitted uses. The RM-1, RM-2, and RM-3 districts are intended to provide a living area that is pleasant but with higher densities than the RS, RA, and RD districts. Any use permitted in the RS, RA, and RD districts are permitted in the RM-1, RM-2, and RM-3 districts.
(b)
Conditional uses.
(1)
Multiple-family dwellings.
(2)
Charitable institutions, nursing homes, and private nonprofit clubs and lodges.
(3)
Uses conditionally permitted in the RS, RA, and RD districts as set forth in section 98-31(b).
(4)
Mobile homes, provided the location thereof is approved and a permit granted in the manner provided in article III of this chapter for approval of conditional uses as a part of a planned mobile home development. A planned mobile home development is intended to be exclusively for residential use of mobile homes and shall comply with the following restrictions:
a.
Use. Only the following uses and buildings shall be permitted in a planned mobile home development:
1.
One-family mobile homes.
2.
One office and dwelling for the manager of the mobile home development.
3.
Shared use structures, such as recreational facilities, laundry facilities, storm shelters and similar services for the residents of the mobile home development.
b.
Height. No mobile home or building shall exceed one story or 15 feet in height.
c.
Yards. Every mobile home development shall have minimum front, side, and rear yard setbacks of 50 feet.
d.
Spacing of units. Mobile homes shall not be placed closer than 30 feet apart or within 30 feet of any private roadway serving such units.
e.
Area. Each mobile home development shall have a minimum area of one acre. Each space for a mobile home shall have a minimum area of 5,500 square feet and a minimum width of 40 feet.
f.
Storm shelters. Underground storm shelters shall be provided sufficient to shelter four people per mobile home. No mobile home shall be more than 300 feet from a storm shelter.
g.
Floor area. Each mobile home shall have not less than 600 square feet of floor area.
h.
Parking. Each mobile home space shall have two parking spaces exclusive of any private roadway serving the unit.
i.
Paving. Private roadways and parking spaces shall be paved.
j.
Anchors. Each mobile home shall be securely attached to the ground by a system of anchors capable of preventing rollover or displacement of the mobile home in winds of 100 miles per hour.
k.
Skirting. Each mobile home shall be skirted on all sides with solid material between the mobile home and the ground.
(c)
Height and area requirements. All one-family and two-family residence uses shall be subject to the provisions of section 98-31, and two-family residences may be subdivided as provided in section 98-31(d). Mobile home developments shall be subject to the provisions of sections Wis. Stats. § 62.05 and subsection (b) of this section. All other uses shall comply with the following:
_____
_____
(d)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103, and 98-104.
(e)
Maximum developed area. Buildings, driveways, and parking areas of premises used for multiple-family or mobile home developments shall not collectively cover more than 30 percent of the land area in the RM-1 district, more than 40 percent of the land area in the RM-2 district, or more than 50 percent of the land area in the RM-3 district. Mobile homes shall be considered buildings in computing covered area under this subsection, but sidewalks, uncovered recreational areas, and uncovered decks and patios shall not be considered as covered areas.
(Ord. No. 19-2000, § 98.06, 10-3-2000)
(a)
Uses. The C-1, C-2 and C-3 commercial districts are provided for the general business and commercial needs of the village. Prior to beginning any new use, all proposed new uses or changes of use are subject to a review by the village clerk as described in section 98-4(k). Within the confines of the permitted and conditional uses listed below any business, commercial, or governmental use may be permitted in commercial districts, except those uses that are unreasonably dangerous or generate noise, light, smoke, traffic, air or water pollution which would create a public or private nuisance. All industrial uses are prohibited. Any use permitted in the RM-2 medium density multiple-family residence district may also be permitted as a conditional use in commercial districts, but shall comply with the provisions of section 98-32 where such provisions are more restrictive than the provisions of this section. No truck terminal or other activity primarily associated with truck transportation or storing, servicing, or repairing of commercial trucks, truck tractors, or semitrailers shall be permitted; however, this shall not prohibit truck transportation of materials or services incidental to and necessary for any conditionally permitted uses.
(b)
Central commercial district (C-1). The C-1 district is intended to provide zoning for small businesses established in the parts of the village which were developed before July 10, 1970. Permitted uses are as follows:
(1)
Taverns and bars.
(2)
Restaurants.
(3)
Barber shops and beauty salons.
(4)
Photography studio.
(5)
Interior design store.
(6)
Tanning salons.
(7)
Offices not exceeding 1,500 square feet.
(8)
Retail shops not exceeding 1,500 square feet.
Conditional uses:
(1)
Other commercial uses similar in nature to the permitted uses.
(2)
Small engine repair shops.
(3)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(4)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(c)
Limited commercial district (C-2). The C-2 district is intended to accommodate those office and/or professional uses which are specifically compatible to one another and often located separate from general retail, variety, and convenience businesses. It is intended that the uses permitted in this district shall be located and designed so as to be in harmony with existing and future residential uses adjacent to or within 1,000 feet of such district. Permitted uses are as follows:
(1)
Professional or public service offices.
(2)
Medical clinics.
(3)
Veterinary clinics, but not including boarding or kenneling other than for medical procedures.
(4)
Retail shops not exceeding 1,500 square feet.
(5)
Government buildings not exceeding 1,500 square feet.
Conditional uses:
(1)
Any C1 use.
(2)
Other commercial uses similar in nature to the permitted uses.
(3)
Small engine repair shops.
(4)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(5)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(6)
Any accessory building or use is limited to the following:
a.
Residential quarters for the owner, proprietor, employee, commercial tenant or caretaker located in the same building as the business;
b.
Garages for storage of vehicles used in conjunction with the operation of the business;
c.
Off street parking and loading areas;
d.
Any other structure or use normally accessory to the above uses.
(d)
General commercial district (C-3).The C-3 district is intended to provide for the orderly and attractive grouping at appropriate locations along principal traffic routes of those business and customer service which are logically related to and dependent upon vehicular traffic or which are specifically designed to serve the needs of such traffic. Permitted uses are as follows:
(1)
Retail stores and shops not exceeding 4,000 square feet of primary floor space.
(2)
Financial institutions and banks.
(3)
Funeral homes.
(4)
All uses listed as permitted uses in C-1 and C-2 districts not exceeding 4,000 square feet.
Conditional uses:
(1)
Service stations and convenience stores.
(2)
Car washes.
(3)
Fitness centers and other commercial recreation facilities such as bowling alleys, golf driving ranges, archery ranges, pool halls, indoor or outdoor volleyball courts, and other similar recreational facilities.
(4)
Other commercial uses similar in nature to the permitted uses.
(5)
Motorized vehicle sales and service.
(6)
Small engine repair.
(7)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(8)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(9)
Self-storage facilities as defined in Wis. Stats. § 704.90 existing before July 1, 1990 provided that all units are enclosed and contained within a single story building(s) for rental to retail customers, no outdoor storage or storage in temporary, movable or containerized units is allowed, and all new structures meet dimensional setback requirements without variances and such other conditions as may be provided for under Article III.
_____
(e)
Height and area requirements.
_____
(f)
Off-street parking. (See section 98-105.)
(1)
Residential. Two spaces per dwelling unit.
(2)
Places of public gathering. One space per five persons of designed occupancy.
(3)
Commercial uses. One space per 200 square feet of floor area or part thereof.
(4)
Conditional uses. Notwithstanding the provisions of the subsections (f)(1)—(3) of this section, more or less off-street parking may be required for particular uses, pursuant to any conditional use permit issued therefor.
Parking for commercial uses or places of public gathering may be provided on-site or on an adjacent lot.
(g)
Truck loading area. Sufficient space so that no streets or alleys need be blocked.
(h)
Minimum setback for aboveground flammable liquid pumping or storage facilities. Thirty feet from all lot lines and existing or proposed street lines.
(i)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103, and 98-104.
(Ord. No. 19-2000, § 98.07, 10-3-2000; Ord. No. 06-2009, 11-3-2009; Ord. No. 05-2010, 9-7-2010; Ord. No. 01-2016, 8-2-2016; Ord. No. 01-2019, 3-5-2019)
(a)
Uses. The I, industrial/commercial district is intended to provide for industrial, manufacturing, commercial and municipal uses in areas separated from other sections of the village. Prior to beginning any new use, all proposed new uses or changes of use are subject to a review by the village clerk as described in section 98-4(k). Within the confines of the permitted and conditional uses listed below, industrial uses may be allowed, except those that are unreasonably dangerous or generate noise, light, smoke, traffic, air or water pollution which would create a public or private nuisance. All residential uses are prohibited. No truck terminal or other use or activity primarily engaged in truck transportation or in sending, receiving, storing, repairing, or servicing of commercial trucks, truck tractors, or truck semitrailers shall be permitted; however, this shall not prohibit truck transportation of materials or services to or from any permitted or conditionally permitted use. Permitted uses are as follows:
(1)
Storage facilities, partitioned or unpartitioned, for rental to wholesale or retail customers.
(2)
Machine shops.
(3)
Welding shops.
(4)
Artist studios.
(5)
Cabinet and woodworking shops.
(6)
Offices and display areas.
(7)
Printing and publishing houses and related activities.
(8)
Packing and/or packaging operations.
(9)
Lumber and building supplies and services.
(10)
Computer data processing and communication services.
Conditional uses:
(1)
Communication structures/towers, utilities and public services.
(2)
Automobile/motorcycle/small engine repair shops.
(3)
Animal based businesses - kennels, hospitals or laboratories.
(4)
Salvage shops.
(5)
Manufacturing and assembly operations.
(6)
Laboratories and research facilities.
(7)
Food processing.
(8)
Energy development and power transmission manufacturing.
(9)
General warehousing in storage buildings or yards for commercial or industrial goods and materials. Such goods or materials must be stored inside a building or within an open area attractively and effectively visually screened from public streets, roads, or highways and adjacent nonindustrial uses. Limited on site retail sales may be permitted, but warehousing for the primary purpose of direct retail sales to customers on site is not permitted.
(10)
Storage tanks of hazardous substances, chemicals, and flammable liquids used in the manufacturing process. Extremely hazardous substances, as defined in Section 302 of U.S. EPA Emergency Planning and Community Right to Know Act (EPCRA), are not permitted.
(11)
Fuel storage tanks for use by the business in its operations, but not for wholesale or retail sale.
(12)
Other industrial uses similar in nature to the permitted industrial uses, and other commercial uses (as defined in section 98-33) which are compatible with the permitted industrial uses and with existing uses within 500 feet of the proposed use.
(13)
All new construction, except any exterior additions where the cost is less than 50 percent of the current assessed value of the existing structure.
(14)
Exterior remodeling where the cost is greater than 25 percent of the current assessed value of the existing structure being altered or replaced.
(b)
Height and area requirements.
(1)
Maximum building height, 45 feet.
(2)
Minimum side yard setback, 20 feet.
(3)
Minimum front yard setback, 40 feet.
(4)
Minimum rear yard setback, 40 feet.
(5)
Minimum lot width, 100 feet.
(c)
Parking. One space per employee. (See section 98-105.)
(d)
Truck unloading area. Sufficient space so that no streets or alleys need be blocked.
(e)
Minimum setback for aboveground flammable liquid pumping or storage facilities. Thirty feet from all lot lines and existing or proposed street lines.
(f)
Maximum developed area. Buildings, driveways, and parking areas shall not collectively cover more than 75 percent of the lot area.
(g)
Signs, fences, and retaining walls. Permitted as provided under sections 98-102, 98-103 and 98-104.
(Ord. No. 19-2000, § 98.08, 10-3-2000; Ord. No. 06-2009, 11-3-2009; Ord. No. 05-2010, 9-7-2010; Ord. No. 01-2013, 2-5-2013)
(a)
Statement of purpose. All buildings and uses in the PDD, planned development district are conditional uses under article III of this chapter, and subject to fees and escrow deposits set forth in chapter 62. The PDD district is established to provide a regulatory framework designed to encourage and promote environmental design in the village by allowing for greater freedom, imagination, and flexibility in the development of land while assuring substantial compliance to the basic intent of the zoning and subdivision ordinances and the general plan for community development. To this intent it allows diversification and variation in uses, structures, open spaces, and 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.
(1)
Boundaries; zoning maps. The boundaries of all PDD districts shall be shown on the official zoning map of the village, and subsequent amendments to such map.
(2)
Minimum size. The minimum size for a PDD district shall be four acres of land unless the physical characteristics of the land or other factors make it necessary for the planned development to be less than four acres.
(3)
Single control; ownership. Each tract shall be a development of land under single control. No authorization or permit shall be granted for such development unless the applicant has acquired actual ownership of all of the property comprising such tract. An application for authorization or permit may be submitted by an applicant who has executed a binding purchase agreement for the property. The term "single control" shall include ownership by an individual, corporation, partnership, joint venture, association, trust, or other legal entity.
(b)
Permitted uses. Any use permitted by right or as a conditional use in any of the other zoning districts may be permitted in the PDD district, but only in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as set forth in this section.
(c)
Lot area, lot width, height, floor area, and setback requirements. There shall be no predetermined specific lot area, lot width, height, floor area, and setback requirements in the PDD district, but such requirements as are made a part of an approved specific implementation plan.
(d)
Signs. Signs may be permitted in the PDD district in accordance with section 98-102 and such other requirements as are made a part of the approved specific implementation plan.
(e)
Off-street parking. Off-street parking facilities in the PDD district shall be provided in accordance with the approved specific implementation plan.
(f)
Rezoning procedure. The procedure for rezoning to a PDD district shall be as required for any other zoning district change under this chapter, except that in addition thereto, the rezoning may only be considered in conjunction with a general development plan. Public hearings and action on the petition shall follow the procedures established in article III of this chapter. The applicant shall pay to the village clerk escrow deposits in accordance with section 98-58, and such section shall apply throughout the planned development application process.
(g)
General development plan. The applicant for a PDD district shall submit a general development plan to the plan commission signed by owners of all property within the proposed PDD district. The general development plan shall include the following information:
(1)
A statement describing the general character of the intended PDD district, including a rationale and economic development plan consistent with existing and future public services which encourage and facilitate preservation of open land.
(2)
An accurate map of the project area, including its relationship to surrounding properties and existing topography, key features, and proposed building locations, height, and bulk.
(3)
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) of this section.
(4)
The pattern of proposed land use, including shape, size, and arrangement of proposed use area, density, and environmental character, and their relationship to adjoining parcels of land within 600 feet of the district's boundaries.
(5)
The pattern of existing and proposed streets, driveways, walkways, and parking facilities.
(6)
The location, size, and character of recreational and open space areas reserved or dedicated for public uses, such as schools, parks, green spaces, etc.
(7)
The plans for utility services and surface water drainage.
(8)
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, expected staging of development, and any other plans or data pertinent to evaluation by the village under the criteria of subsection (h) of this section.
(9)
A general outline of the intended organizational structure related to property owners' associations, deed restrictions, and provision for common private services.
(10)
Analysis of economic impact upon the village and surrounding community.
(h)
Criteria for approval. As a basis for determining the acceptability of a PDD district application, the following criteria shall be applied to the general development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this section, 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.
Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth, and open spaces.
b.
Will produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area.
c.
Will not unduly affect the anticipated provision for school or other village services.
d.
Will not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The applicant shall provide satisfactory evidence of economic feasibility, availability of adequate financing, and show that the planned development will not adversely affect the economic prosperity of the village or the values of surrounding properties.
(3)
Engineering design standards. The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for surface water drainage, or other environmental engineering considerations shall be based upon appropriate standards necessary to implement the specific function in the specific location. However, 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 either as the village may require by private reservation or dedication to the public in accordance with Wis. Stats. § 86.05.
a.
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village open space easements or recorded covenants restricting such open areas against any future building or use except as is consistent with that of providing open space for the aesthetic and recreational benefit of the district and as consistent with the requirements of this chapter.
b.
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the district. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.
(5)
Implementation schedule. The applicant shall submit a reasonable schedule for implementation of the development plan satisfactory to the village board, 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)
Effect of rezoning. Approval of the rezoning and related general development plan shall establish the basic type of use for the area in conformity with the plan as approved, which shall be an integral component of the district regulations. The general development plan shall automatically be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(j)
Specific implementation plan.
(1)
Submitted. A specific and detailed plan for implementation of all or a part of a proposed PDD district shall be submitted to the plan commission within 12 months after approval of the general development plan, unless the plan commission grants an extension thereof.
(2)
Failure to submit plan. If a specific implementation plan which the village board determines to be a reasonable phase of the total plan has not been submitted within the period set forth in subsection (j)(1) of this section, a petition may be filed with the village clerk by any village official or other person to rezone the property from PDD district back to the previous zoning or such other zoning as may be appropriate.
(3)
Required. The specific implementation plan shall be submitted to the plan commission and shall include the following detailed construction and engineering plans and related documents and schedules:
a.
An accurate map of the area covered by the specific implementation plan, including the relationship to the total general development plan.
b.
The pattern of streets, driveways, walkways, and parking facilities.
c.
Detailed lot layout and preliminary plat or certified survey map for the subdivision under chapter 86 of this Code, if required.
d.
Arrangement, architecture, height, and area of buildings with particular attention to their influence on adjoining parcels of land.
e.
Water and sanitary sewer systems.
f.
Grading plan and surface water 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 for the final approved project.
k.
A development schedule indicating:
1.
Approximate date when construction of project will begin.
2.
Stages in which the project will be built and the approximate date when construction of each stage will begin.
3.
Anticipated rate of development.
4.
Approximate date when the development of each of the stages will be completed.
5.
Area and location of private and public open space that will be provided at each stage.
l.
Agreements, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the PDD district, and any of its common services, private open space areas, or other facilities.
m.
Any other plans, documents, or schedules requested by the plan commission or village board.
n.
If the general development plan is to be implemented in phases, each phase shall have a specific implementation plan. Each specific implementation plan shall be submitted in accordance with this section and shall be in conformity with the general development plan.
(k)
Approval of the specific implementation plan.
(1)
If the specific implementation plan for all or part of the general development plan submitted for final approval is in substantial compliance with the approved general development plan, the plan commission and village board may give final approval of the specific implementation plan or any part thereof without further public hearing. Within 45 days after submission of a specific implementation plan in substantial compliance with the approved general development plan, the plan commission shall issue its recommendation thereon and within 45 days thereafter, the village board shall either grant or deny the final approval of such specific implementation plan.
(2)
If the specific implementation plan as submitted is not in substantial compliance with the general development plan, the plan commission shall notify the applicant of the insufficiency within 60 days of the date of submission of such specific implementation plan. The applicant may treat such notification as denial of final approval or amend the specific implementation plan so that it does substantially comply with the general development plan. As an alternative to amending the specific implementation plan, the applicant may file a written request with the village clerk that the plan commission and village board hold a joint public hearing on the specific implementation plan as submitted for final approval. Any such hearing shall be held within 60 days after receipt of request for such hearing. Within 45 days after such hearing, the plan commission shall issue its recommendation thereon and within 45 days thereafter, the village board shall either grant or deny final approval of the specific implementation plan.
(3)
If the plan commission or village board fail to act within the times prescribed, either by grant or denial of the final approval of the specific implementation plan, such plan shall be deemed to be denied unless the applicant has agreed to extend the time limits.
(4)
If a specific implementation plan is given final approval and thereafter the applicant abandons such plan or any section thereof, or if the applicant fails to commence work thereon within 18 months after final approval, or if substantial work on the project ceases for four months, such final approval shall terminate and be deemed null and void, unless such period is extended by the village board upon written application of the applicant.
(5)
Recording.
a.
Within ten days after final approval of a specific implementation plan and any required plat or certified survey map, the applicant shall record the following with the St. Croix County Register of Deeds:
1.
The final plat or certified survey map, if any, and additional maps or plans the village board deems necessary to record to adequately describe the planned development to the public.
2.
Deeds, mortgages, and other conveyances to the village and other public bodies.
3.
Documents establishing or amending covenants, deed restrictions, property owners' associations, and provisions for private open spaces and other common areas.
4.
Any other documents the village board deems necessary to record to adequately describe the planned development to the public.
b.
All other commitments and contractual agreements with the village offered or required with regard to project value, character and other factors pertinent to assurance that the proposed development will be carried out basically as presented in its implementation plan shall be filed with the village clerk within 30 days. All such recordings and filings shall be accomplished prior to the issuance of any building or other permits.
(6)
Any proposed change, addition or deletion to an approved specific implementation plan shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or addition constitutes a significant alteration, the procedure provided in subsection (k)(2) of this section shall be required for review thereof.
(l)
Surety for performance. The village board may require as a condition of approval of any general development plan that the applicant post surety in such form, amount, and term as the village board deems appropriate to assure timely and satisfactory completion of any public or private improvements proposed as part of the planned development which, if not completed, would cause material harm, loss or inconvenience to owners or occupants of properties in the district, neighboring properties or the village.
(m)
As-built plans; operating manuals. Within 60 days after completion of construction of public or private streets, water systems, sanitary sewer systems, storm sewer systems, and other utilities, the village shall be furnished with duplicate copies of as-built plans thereof, satisfactory to the village engineer, and operating manuals and other manufacturer's information for equipment therein. The surety required under subsection (l) of this section shall not be released until this subsection has been fully complied with.
(n)
Annual review. The plan commission shall review all unfinished PDD districts within the village at least once each year, and shall report to the village board on the status of the development in each of the districts. If the village board finds that development has not occurred within a reasonable time after the original approval of the PDD district, the village board may instruct the plan commission to initiate a rezoning procedure as set forth in subsection (j)(1) of this section for that portion of the PDD district that has not been developed. In considering such rezoning, it shall not be necessary for the village board to find that the zoning of the PDD district was in error. In the event of such zoning, variances which were allowed by specific implementation plans for each completed phase of the development will be allowed to remain.
(o)
Approval by other agencies. The applicant for a PDD district shall comply with all requirements of other regulatory agencies.
(Ord. No. 19-2000, § 98.09, 10-3-2000; Ord. No. 01-2008, 3-4-2008)
(a)
Permitted uses. The W, conservancy district is intended to preserve the natural state of scenic areas in the village and to prevent uncontrolled, uneconomical spread of development and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property. The following uses are permitted in the W district:
(1)
Management of forestry, wildlife, and fish.
(2)
Harvesting of wild crops, such as ferns, moss, berries, tree fruits, and tree seeds.
(3)
Parks and general recreational areas.
(4)
Uses similar and customarily incident to any of the uses this in this subsection (a).
(b)
Conditional uses.
(1)
Sewage disposal plants, water storage and pumping facilities, golf courses, and seasonal public camping grounds.
(2)
Dams, power stations, and transmission lines and water storage facilities.
(Ord. No. 19-2000, § 98.10, 10-3-2000)