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Oakdale City Zoning Code

ARTICLE II

- ZONING DISTRICTS

Sec. 36.40. - Establishment of districts.

(a)

Seven zoning districts are provided as follows:

(1)

Residential (R-1).

(2)

Residential (R-2).

(3)

Residential Mobile Home (RM).

(4)

Business (B).

(5)

Industrial (I).

(6)

Agriculture (A).

(7)

Conservancy (C).

(b)

Boundaries of these districts are hereby established as shown on a map entitled "Oakdale Zoning District Map," dated June 21, 2011, which accompanies and is part of this chapter. Such boundaries shall be construed to follow corporate limits; United States Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended unless otherwise noted on the zoning map. Amended and adopted on June 21, 2011, "The Oakdale Zoning District Map," dated 1994, will be the official map.

(c)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(Ord. of 4-19-2011, § 3.1)

Sec. 36.41. - Zoning map.

(a)

A copy of the zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the president and village clerk/treasurer and shall be available to the public in the office of the village clerk/treasurer.

(b)

Changes thereafter to the districts shall be entered and attested on the certified copy of the zoning map.

(Ord. of 4-19-2011, § 3.2)

Sec. 36.42. - Rules for interpretation of zone boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following municipal boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as following railroad right-of-way lines shall be construed as following railroad right-of-way lines.

(5)

Boundaries indicated as parallel to, or extensions of, features indicated in subsections (1) through (4) of this section shall be so construed.

(6)

Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(Ord. of 4-19-2011, § 3.3)

Sec. 36.43. - Limited number of buildings.

There shall be not more than one principal dwelling and two accessory structures including a private garage in an R-1 zone except as provided in section 36.46.

(Ord. of 4-19-2011, § 3.4)

Sec. 36.44. - Zone regulations.

(a)

No person shall use land or a building or structure or erect, construct, reconstruct, move or structurally alter a building, structure or part thereof, except in conformance with the following regulations.

(b)

Permitted uses in each zone shall be mutually exclusive, i.e., only those uses identified and listed for each zone are permitted except as otherwise indicated.

(Ord. of 4-19-2011, § 3.5)

Sec. 36.45. - Home occupations and professional home offices in dwellings.

(a)

Where permitted. Home occupations and professional home offices in dwellings are permitted within a single dwelling unit and only to the person maintaining a dwelling therein, provided that no more than two nonresident persons shall be employed in the home occupation.

(b)

Evidence of use. One sign having an area of not more than four square feet shall be permitted for home occupations and professional home offices in dwellings.

(Ord. of 4-19-2011, § 3.6)

Sec. 36.46. - Zoning controls.

The following is the zoning controls chart:

(1)

R-1 Residential District. Purpose. The R-1 Residential District is intended to provide a quiet, pleasant living area protected from traffic, congestion, and incompatible land uses. This district is designed to maintain compact residential development near existing residential areas presently served or readily serviceable by public sewer and water or in areas that comply with minimum lot sizes for private sewage systems as specified by Wis. Admin. Code Ch. SPS 383.

Village Zoning Controls Chart R-1 Residential District
Principal permitted uses Single-family homes
Home occupations and professional home offices
Neighborhood park or playground
Accessory uses One private garage
One accessory building not to exceed 144 square feet in floor area
Essential services
Conditional uses Home occupations conducted in accessory buildings
Churches, schools, libraries, hospitals, community centers; bed and breakfast inns, utility structures, provided they are enclosed in an 8-foot or higher protection fence; cemeteries, day care centers, group homes
Municipal office buildings
Two-family homes
Accessory structures exceeding 144 square feet
Structures built on 20 percent or greater slopes
Prohibited uses All uses not specifically permitted
Minimum lot area 10,000 square feet per dwelling unit in a single-family or two-family dwelling
Minimum lot width 80 feet
Minimum yards
Front 50 feet from the centerline of the street or 17 feet from the right-of-way, whichever is greater
Rear 20 feet for principal structures and 10 feet for accessory structures
Side 10 feet for principal structures and 10 feet for accessory structures
Maximum building height 35 feet
Maximum lot coverage No more than 50 percent of the lot may be covered by structures
Percent slope No structure shall be permitted on slopes 20 percent or greater, except as a conditional use
Modifications Requirements stipulated above may be modified in accordance with article V of this chapter
Parking and loading requirements See sections 36.106 and 36.107

 

(2)

R-2 Residential District. Purpose. The R-2 Residential District is intended to provide a quiet, pleasant living area, protected from traffic, congestion, and incompatible land uses. This district is located in areas presently served or readily serviceable by public sewer and water or in areas that comply with minimum lot sizes for private sewage systems as specified in Wis. Admin. Code Ch. SPS 383.

Village Zoning Controls Chart R-2 Residential District
Principal permitted uses 3 or more unit dwellings
Home occupations and professional home office
Neighborhood park or playground
Parking and loading areas (see sections 36.106 and 36.107)
Accessory uses Private garage and accessory building
Essential services
Conditional uses Structures built on 20 percent or greater slopes
Home occupations conducted in accessory buildings
Churches, schools, libraries, hospitals, community centers, public buildings, utility structures, provided they are enclosed in an 8-foot or higher protection fence, cemeteries, day care centers, nursing homes, group homes
Prohibited uses All uses not specifically permitted
Minimum lot area 3,500 square feet per dwelling unit is required for developments with 3—9 dwelling units
For every dwelling unit over 9, the following shall apply with or without public sewer and water:
2,000 square feet of additional lot area for every additional one-bedroom dwelling unit
2,500 square feet of additional lot area for every additional two-bedroom dwelling unit
2,800 square feet of additional lot area for every additional three-bedroom dwelling unit
Minimum lot width 100 feet for 3—9 dwelling units, 120 feet for 10 dwelling units or more
Minimum yards
Front 50 feet from the centerline of the street or 17 feet from the right-of-way line, whichever is greater
Rear 25 feet for principle structures, and 10 feet for accessory structures
Side 10 feet for principal structures and 10 feet for accessory structures
Maximum building height 35 feet
Maximum lot coverage No more than 60 percent of the lot may be covered by structures
Percent slope No structures shall be permitted on slopes of 20 percent or greater, except as a conditional use
Modifications Requirements stipulated above may be modified in accordance with article V of this chapter
Parking and loading requirements See sections 36.106 and 36.107

 

(3)

RM Residential Mobile Home District. Purpose. The RM Residential Mobile Home District is intended to provide areas where mobile homes can be located in the village. Such areas shall be protected from traffic, congestion, and well buffered from other land uses by use of landscaping techniques and spatial distances. All mobile homes shall be located in a mobile home park to maintain this type of development in a single area as opposed to allowing this less compatible form of housing to be interspersed with other traditional forms of housing throughout the village. This district is to be located in areas presently served or readily serviceable by public sewer and water or in areas where the mobile home development meets the specifications for Wis. Admin. Code Ch. SPS 383.

Village Zoning Controls Chart RM Residential Mobile Home
Principal permitted uses No uses are permitted as a right within this district
Accessory uses Private garage and one accessory building
Essential services
Conditional uses Mobile homes within a designated mobile home park
Park or playground
Office structure for the operator of the mobile home park
Laundries, washrooms, recreation rooms, maintenance and equipment storage structures specifically serving the residents of the mobile home park
Public buildings
Utility structures, provided they are enclosed in an 8-foot or higher protection fence
Prohibited uses All uses not permitted
Mobile home development standards All mobile homes and mobile home parks shall comply with Wis. Stats. § 66.0435 and any applicable Wisconsin Administrative Codes
The minimum parcel size for a mobile home park shall be 8 acres
The minimum size lot for a single mobile home shall be 50 feet wide by 120 feet in depth
The minimum lot area for a single mobile home shall be 6,000 square feet if public sewer and water is available, otherwise the lot area shall conform with Wis. Admin. Code Ch. SPS 383
The minimum distance between mobile homes shall be 20 feet
The minimum front yard setback distance for a mobile home from any service road shall be 15 feet, from the road right-of-way
There shall be 2 off-street gravel or paved auto parking spaces for each mobile home
All service roads and driveways within the mobile home park shall be surfaced with blacktop, seal coat, concrete, or gravel
All service roads in a mobile home park shall be at least 40 feet wide
Mobile homes shall be setback a minimum of 40 feet at all front side and rear lot lines of the mobile home park
Each mobile home shall be placed upon a washed rock or hard surfaced pad or foundation with 6 tie-down anchors
All mobile homes shall have tie downs with provisions for distributing the load of these tie downs and provision for the attachment to ground anchors so as to resist wind overturning and sliding. Each tie down shall be designed to resist an allowable working load equal to or exceeding 3,150 lbs and shall be capable of withstanding a 50 percent overload without failure. Unless the tie-down system is designed by a registered professional engineer or architect, tie downs shall be placed not more than 24 feet on centers beginning from the front wall (first stud and/or first cross member) Not more than 6 feet open end spacing shall be permitted at the rear wall of the mobile home
The mobile park developer shall set aside 5 percent of the total mobile home park area for recreation area, with play equipment furnished and maintained by the mobile home park owner
The maximum height of a mobile home (excluding the chimney) shall not be more than 16 feet from the ground
Each mobile home park shall be well drained, properly graded, and free from stagnant pools of water, the drainage and grade of said parks shall be based upon reasonable regulations placed on the developer by the village board
All developers of a mobile home park shall present to the village for review and approval by the village board, a site plan showing street design, lot layout, water and sewer system needs, and a timetable for developing the mobile home park

 

(4)

B Business District. Purpose. The Business District provides an area for commercial and business uses in the Central Business District and other areas of compact development served by public sewer and water or in areas that comply with the minimum lot sizes for private sewage systems as specified in Wis. Admin. Code Ch. SPS 383.

Village Zoning Controls Chart B Business District
Principal permitted uses Business services such as appliance dealers; art, gift, jewelry and notions shops; bakeries, insurance and real estate offices; barbershops; beauty parlors; banks and financial institutions; clinics; clothing stores; drug stores and pharmacies; eating and drinking establishments; florists; food lockers; fruit, vegetable, meat, fish, grocery, supermarkets, and other retail food stores; furniture, department, and hardware stores; hotels, motels, motor lodges, and inns; laundries; liquor stores; music, radio and television stores; newsstands; offices; optical stores; places of entertainment; retail stores; sporting goods stores; clubs, fraternal organizations, and lodges operated for profit; funeral homes; municipal buildings; mixed use for new construction. The above is by way of illustration not exclusion. Parking and loading areas (see section 36.106 and 36.107)
Accessory uses Residential uses as part of a principal business structure; essential services
Conditional uses Drive-in establishments for eating and drinking; buildings on slopes 20 percent or greater; residential buildings as a principal use. Churches, preschools. Buildings over 35 feet in height. Utility structures, provided they are in an 8-foot or higher protection fence. Parking lots, vehicular sales and service facilities, and gasoline stations; provided, however, that no conditional use permits shall be authorized for any parking lot, vehicular sale and service facility, or gasoline station unless a building or other structure for inside storage of all vehicles, trailers, parts, vehicles awaiting repair, tires, equipment, or other related personal property, is constructed so as to create an area of the premises screened from public view, as a condition of the issuance of any such permit. All such personal property shall be stored in such building, structure, or screened area at all times
Prohibited uses Manufacturing operations. Junkyards, auto and equipment salvage yards, and recycling centers
Minimum lot area 5,000 square feet
Minimum lot width No restrictions
Minimum yards
Front 15 feet from village right-of-way
Rear 15 feet where adjacent to a residential district; 8 feet for non-fire proof construction. No restriction if in compliance with state fire code
Side 20 feet where adjacent to a residential district; otherwise, no restrictions
Maximum building height 35 feet
Percent slope No building shall be permitted on slopes 20 percent or greater, except as a conditional use
Modifications Requirements stipulated above may be modified in accordance with article V of this chapter
Parking and loading requirements See sections 36.106 and 36.107

 

(5)

I Industrial District. Purpose. This district is intended to provide an area for manufacturing and industrial activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, of which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.

Village Zoning Controls Chart I Industrial District
Principal permitted uses Feed mills, warehouses, mini-storage, building contractors, and building construction business, provided that such property includes facilities established for storage of all vehicles, equipment, parts, building materials, and other equipment and personal property in connection with such business, located inside a building, structure or area screened from public view. All such property shall be stored inside such building, structure or screen area at all times
Accessory uses Essential services
Conditional uses No uses are permitted as a matter of right within this district. The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the plan commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors
Manufacturing establishments, usually described as factories, mills, plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products
Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage be enclosed by a suitable fence or other manner of screening
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than a railroad companies or railroad terminal companies
Uses customarily incident to, or similar to, the above uses
Dwelling unit provided for a caretaker or operator, in the case of an industrial use which requires constant supervision
Buildings, structures or other facilities suitable for storage of new or used vehicles, parts, equipment, construction materials, or other materials, all to be screened from public view as a condition of any such permit
Junk yards, salvage yards, or recycling centers, provided they meet all requirements of state law, are consistent with other uses in the neighborhood, and meet the requirements for inside storage or storage screened from public view for all vehicles, parts, equipment, and other materials stored on the premises
Minimum lot area 10,000 square feet when sewered, if unsewered lot size shall comply with Wis. Admin. Code Ch. SPS 383
Minimum lot width 100 feet
Minimum yards
Front 25 feet from the street right-of-way. 75 feet if parking is permitted in the front yard
Rear 40 feet
Side 20 feet
Maximum building height 35 feet
Site planning When an application for a building and building permit is submitted, the owner or developer shall also submit a site plan of the proposed development showing the location of the building, required setback lines, internal streets and parking areas, landscaping, screening, adequate street lighting, and other information as may be required by the village planning commission
Modifications Requirements stipulated above may be modified in accordance with article V of this chapter
Parking and loading requirements See sections 36.106 and 36.107
Sanitary criteria (when no public sewer) No more than 75 percent of the minimum lot area shall be on a slope greater than 12 percent or of soil conditions unsuitable for septic tanks (at least 25 percent of the lot area shall be under 12 percent and with soil suitable for septic tanks)
Percent slope No building shall be permitted on slopes 20 percent or greater, except as a conditional use

 

(6)

A Agriculture District. Purpose. The A-Agriculture District is intended to preserve productive farmlands and to protect farming operations from conflicting land uses. Further, this district is designed to prevent the inefficient spread of urban development into agricultural areas that are inadequately served by public facilities. Finally, this district is designed to comply with the provisions of the Wisconsin Farmland Preservation Law so that eligible farmers will qualify to receive any tax credits which may be available under the provisions of Wis. Stats. ch. 91.

Village Zoning Controls Chart A Agriculture District
Principal permitted uses Clean farming operations which do not cause noxious odors, noise, or other health and sanitation hazards
Forestry, nurseries, orchards, specialty cropping, cranberry bogs and similar agricultural production operations
In season, removable roadside stands for the sale of farm products produced on the premises, and up to 2 signs not larger than 10 square feet each for advertising the permitted roadside stand
Farm dwellings which serve as the principal residence for the owner, operators, and employees of the agricultural enterprise
Home occupations and professional home offices
Permitted accessory uses Essential services
Private garages
Accessory structures customarily incidental to the operations of the agricultural enterprise
Conditional uses Single-family dwellings occupied by the parents or children of the principal farm operator
Enterprises engaged in the sale and service of machinery used in agricultural production
Facilities for the centralized bulk collection, storage, and distribution of agricultural products to wholesale and retail markets
Storage and sale of seeds, feeds, and similar products essential to agricultural production
Churches, schools, cemeteries, parks, recreational areas, campgrounds, public buildings, utility buildings and structures
Other uses essential for the support of agricultural production, provided that such uses do not conflict with the purposes of the A-Agriculture Zoning District
Raising and caring for livestock, except that pigs will not be permitted
Structures built on slopes of 20 percent or greater
Structures exceeding 35 feet in height
Prohibited uses All uses not specifically permitted
Minimum lot areas 5 acres for agricultural operations
All residential lot sizes shall comply with Wis. Admin. Code Ch. SPS 383
5 acres for business enterprises supporting agricultural production
Minimum yards
Front 63 feet from the centerline of the street or 30 feet from the street right-of-way line, whichever is the greater
Side and rear 50 feet for all buildings
Maximum building height 35 feet except as a conditional use
Modifications Requirements stipulated above may be modified in accordance with article V of this chapter
Sanitary criteria All permitted uses requiring a septic system shall conform to the standards in the state plumbing code

 

(7)

C Conservancy District. The C-Conservancy District delineates those areas where substantial development of the land in the form of buildings or structures is prohibited due to:

a.

Special or unusual conditions of topography, drainage, shore lands, wetlands, floodplain, or other natural conditions, and/or in areas where considerable damage to buildings or structures and possible loss of life may occur due to the processes of nature;

b.

The lack of proper facilities or improvements resulting in the land not being suitable for improvement at the present time;

c.

Potential future public use and benefit as a recreational trail in the case of the abandonment of a railroad line;

d.

The need for a buffer or spatial distance between the wastewater treatment plant and developing areas;

e.

This district also provides for the preservation and protection of scenic, historic, scientific and biologically important areas, abandoned railroad rights-of-way and for the protection of groundwater sources.

Village Zoning Controls Chart C Conservancy District
Principal permitted uses Erosion control practices involving planting vegetative cover, forestry under professional guidance, woodlands, floodplain areas, wildlife habitat, orchards, and wild crop harvesting, and village open park land, and conversion of an abandoned railroad to a hiking or biking trail
Accessory uses Essential uses
Conditional uses Recreation uses, dumping, filling cultivation, mineral extraction, soil or peat removal, buildings, utility structures, drainage areas, water measurement and control facilities, and grazing under professional guidance
Prohibited uses No structures permitted except those housing essential services accessory to the principal or permitted uses. All uses not specifically permitted
Minimum lot area None
Minimum lot width None
Minimum yards
Front None
Rear None
Side None
Building height 35 feet maximum except as a conditional use
Minimum lot depths Not applicable

 

(Ord. of 4-19-2011, § 3.7)