(a)

Established. The village is divided into the following 14 zoning districts:

(1)

R-l Single-Family Residential District.

(2)

R-2 Single-Family Residential District.

(3)

R-3 Two-Family Residential District.

(4)

R-4 Multifamily Residential District.

(5)

B-l Business District.

(6)

B-2 Business District.

(7)

B-3 Business District.

(8)

M-l Industrial District.

(9)

C-1 Conservancy District.

(10)

A-P Agricultural Preservation District.

(11)

A-H Agricultural Holding District.

(12)

A-T Agricultural Transition District.

(13)

A-R Agricultural Related Manufacturing and Commercial District.

(14)

PUD Planned Unit Development District.

(b)

District boundaries. Boundaries of these districts are hereby established as shown on the most recent version of a map entitled, Zoning Map, Village of Pardeeville, Wisconsin, which is on file in the office of the village clerk-treasurer.

(c)

Vacation of streets. 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.

(d)

Annexations. Annexations to or consolidations with the village subsequent to the effective date of the ordinance from which this article is derived shall be placed in the A-H Agricultural Holding District unless the annexation ordinance temporarily places the land in another district. Within one year of the date of annexation, the plan commission shall evaluate and recommend a permanent district classification to the village board.

(Code 1986, § 10-1-20)

(a)

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

(b)

Changes to the districts shall not be effective until entered and attested on this certified copy.

(Code 1986, § 10-1-21)

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 center lines of streets, highways, or alleys shall be construed to follow such center lines;

(2)

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

(3)

Boundaries indicated as approximately following village boundaries shall be construed as following municipal boundaries;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as following shorelines shall be construed to follow such shore-lines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline;

(6)

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines;

(7)

Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(Code 1986, § 10-1-22)

(a)

Principal use. The following uses are permitted in the R-1 district:

(1)

Single-family dwellings.

(2)

Churches, public and parochial schools, public libraries and similar public or semi-public buildings.

(3)

Telephone, telegraph, and power transmission lines.

(4)

Public parks and recreation areas.

(5)

A garage in connection with a single-family home.

(6)

A private garage; such garage shall not be used to conduct any business, and no garage shall be used for living quarters.

(7)

The keeping of usual household pets, but not the operation of commercial kennels or hutches.

(8)

Uses customarily incident to any of the above used, when located on the same lot and not involving the conduct of a business.

(b)

Conditional uses. See sections 58-123, 58-124 and 58-128.

(c)

Lot, building and yard requirements.

(Code 1986, § 10-1-23)

(a)

Principal use. The following uses are permitted in the R-2 district:

(1)

Single-family dwellings.

(2)

Churches, public and parochial schools, public libraries and similar public or semi-public buildings.

(3)

Telephone, telegraph, and power transmission lines.

(4)

Public parks and recreation areas.

(5)

A garage in connection with a single-family home.

(6)

A private garage; such garage shall not be used to conduct any business, and no garage shall be used for living quarters.

(7)

The keeping of usual household pets, but not the operation of commercial kennels or hutches.

(8)

Uses customarily incident to any of the above used, when located on the same lot and not involving the conduct of a business.

(b)

Conditional uses. See sections 58-123, 58-124 and 58-128.

(c)

Lot, building and yard requirements.

(Code 1986, § 10-1-24)

(a)

Principal use. The following uses are permitted in the R-3 district: One- and two-family dwellings, and other uses permitted in the R-2 Single-Family Residential District.

(b)

Conditional uses. See sections 58-123, 58-124 and 58-128.

(c)

Lot, building and yard requirements.

(Code 1986, § 10-1-25)

(a)

Principal use. The following uses are permitted in the R-4 district:

(1)

Multifamily dwellings.

(2)

Private clubs, fraternities and lodges, and community recreational centers, except those whose chief activity is customarily carried out as a business.

(3)

Telephone offices, provided there is no service garage or storage yard.

(4)

Nursing and convalescent homes caring for not over six patients.

(5)

Public hospitals, building shall be located not less than 100 feet from any lot in any residential district not used for the same purpose.

(6)

Signs as permitted in Single-Family Residential District and also professional announcement signs not over four feet square.

(b)

Conditional uses. See sections 58-123, 58-124 and 58-128.

(c)

Lot, building and yard requirements.

(Code 1986, § 10-1-26)

(a)

Principal uses. The following uses are permitted in the B-1 district: Antique shops, apartment hotels, appliance shops, art and school supply stores, automotive parts sales stores, automobile sales lots and showrooms and lots, including incidental servicing and repair; provided, however, that all vehicles be in operative condition. Automotive servicing and repairs, banks and other financial institutions, including loan and finance companies. Barbershops and beauty parlors, business offices, candy and ice cream stores, caterers, clinics, clothing repair shops, clubs, cocktail lounges, confectioneries, delicatessens, department stores, drug stores, electrical supply, food lockers, furniture stores, gasoline stations, heating and air conditioning supply, hotels, insurance agencies, jewelry stores, lumber yards, medical clinics, opticians and optical stores, paint stores, retail only, parking facilities, honey processors, sporting shops, photographic studios, professional offices, publishers, restaurants, small animal hospitals, taverns with permit by village board, tourist information and hospitality centers, undertaking establishments, upholsterer's shops, variety stores, vegetable stores, grocery stores, museums, libraries, contractor and trade offices, showrooms, miscellaneous small equipment storage or repair, laundromats, video stores and small machine assembly or manufacturing shops with a maximum of six full-time and six part-time employees.

(b)

Conditional uses. See sections 58-123, 58-124, 58-125 and 58-128.

(1)

Permitted on application and plan commission approval.

(2)

The sale, service, repair, testing, demonstration or other uses of piston-type engines or motors, or any type of device, appliance or equipment operated by such engines or motors. However, the number of unenclosed vehicles awaiting sale or repair shall be established by the plan commission. Enclosed vehicles shall be stored within a building or enclosed by a complete vision-barrier fence a minimum of six feet in height. Prior to construction, the materials proposed for the fence and fence designs are items that may be reviewed by the plan commission. Such enclosure fences shall be maintained in such a manner as to not constitute a nuisance.

(3)

The sale, service, repair, testing, demonstration or use of other radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereographic sound systems, musical instruments, or other such devices. Establishments engaged in the sale, service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called motorbikes; with the provision that such activity, when carried out in an establishment which also engages in the sale, repair or other operations with non-motor-driven bicycles shall constitute a separate and distinct use insofar as the intention of this chapter is concerned.

(4)

Establishments engaged in the sale, servicing, repairing, testing, demonstration, or other use of electrical household appliances, including refrigerators, freezers, air conditioners, washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances. Further, such facilities for operating, repairing, loading, unloading and storage of such appliances or equipment shall be provided in a manner which affords no nuisance of obstruction or of the discharge of unpleasant or harmful vapors or liquids, or of unsightly conditions to the public. Miscellaneous repair shops and related services.

(5)

Garment pressing establishments, hand laundries, and hat cleaning and blocking shops.

(6)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed above in this section, shall be limited to vehicles of not over 14,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(7)

Farm supplies, wholesale trade.

(8)

Community living arrangements, including daycare.

(9)

Bed and breakfast inns.

(10)

Commercial parking garages or parking structures.

(11)

Accessory buildings in excess of 200 square feet.

(c)

Outside storage and manufacturing areas in the B-1 Business District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at most 25 feet from residential, public and semi-public districts

(d)

Lot, building and yard requirements.

(Code 1986, § 10-1-27; Ord. of 12-6-2022(2); Ord. of 3-7-2023(5))

(a)

Principal uses. The following uses are permitted in the B-2 district: Those uses allowed in the B-2 district. Antique shops, apartment hotels, appliance shops, art and school supply stores, automotive parts sales stores, automobile sales lots and showrooms and lots, including incidental servicing and repair; provided, however, that all vehicles be in operative condition. Automotive servicing and repairs, banks and other financial institutions including loan and finance companies. Barbershops and beauty parlors, bowling alleys, business offices, candy and ice cream stores, caterers, clinics, clothing repair shops, clubs, cocktail lounges, confectioneries, contractor and trade offices, delicatessens, department stores, drug stores, electrical supply stores, food lockers, furniture stores, grocery stores, heating suppliers, hotels, insurance agencies, jewelry stores, laundromats, libraries, lumber yards, medical clinics, mini storage units, museums, opticians and optical stores, paint stores—retail only, parking facilities, honey processors, photographic studios, professional offices, publishers, restaurants, showrooms, small animal hospitals, miscellaneous small equipment storage or repair, and small machine assembly or manufacturing shops with a maximum of six employees, sporting shops, taverns with permit by village board, tourist information and hospitality centers, undertaking establishments, upholsterer's shops, variety stores, vegetables stores, and video stores. Bowling alleys, contractor and trade offices, grocery stores, laundromats, libraries, mini storage units, museum, showrooms, taverns by permit from the village board.

(b)

Conditional uses. See sections 58-123, 58-124, 58-125 and 58-128.

(1)

Outside storage and manufacturing areas in the B-2 Business District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at most 25 feet from residential, public and semi-public districts

(c)

Lot, building and yard requirements.

(d)

Use conditions. Uses permitted in the B-2 Business District are subject to the following conditions:

(1)

Business uses are not permitted above the ground floor where dwelling units are established.

(2)

The parking of trucks as an accessory use, when used in the conduct of a permitted business as listed in this section, shall be limited to vehicles of not over 14,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(Code 1986, § 10-1-28; Ord. of 12-6-2022(3); Ord. of 3-7-2023(6))

(a)

Principal uses. The following uses are permitted in the B-3 district: All uses allowed in the B-1 district and the B-2 district.

(b)

Conditional uses. See sections 58-123, 58-124, 58-125 and 58-128.

(c)

Lot, building and yard requirements.

(d)

Use conditions. Uses permitted in the B-3 Business District are subject to the following conditions:

(1)

Business uses are not permitted above the ground floor where dwelling units are established.

(2)

The parking of trucks as an accessory use, when used in the conduct of a permitted business as listed in this section, shall be limited to vehicles of not over 14,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(3)

Outside storage and manufacturing areas in the B-3 Business District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at most 25 feet from residential, public and semi-public districts

(Code 1986, § 10-1-29; Ord. of 12-6-2022(4); Ord. of 3-7-2023(7))

(a)

Principal uses. The following uses are permitted in the M-1 district: Automotive body repairs; automotive upholstery; cleaning, pressing and dyeing establishments; commercial bakeries; commercial greenhouses; distributors; farm machinery; food locker plants; freight yards, freight terminals and transshipment depots, inside storage; laboratories; machine shops; manufacture and bottling of nonalcohol beverages; mini storage units, painting; printing; publishing; storage and sale of machinery and equipment; trade and contractors' offices; warehousing and wholesaling; manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood; manufacture, fabrication, packing and packaging of confections, cosmetics, electrical appliances, electronic devices, food (except cabbage, fish and pea vining), instruments, jewelry, pharmaceuticals, tobacco and toiletries.

(b)

Conditional uses. See sections 58-123, 58-126, 58-127, and 58-128.

(c)

Lot, building and yard requirements.

* Required buffer strips in industrial districts.

Where an M-1 Industrial District abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to the lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide the screening. The maximum height of fencing shall be determined by the plan commission upon application and will be dependent on the nature of the business. Fencing shall effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

(Code 1986, § 10-1-30)

(a)

Permitted uses and structures. The following uses and structures are permitted in the C-1 district:

(1)

The harvesting of wild crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits, tree seeds, sustained yield forestry, utilities such as, but not restricted to telephone, power transmission lines; fishing, scenic, historic, scientific, wildlife preserve; nonresident buildings used solely in conjunction with the raising of water fowl or fish; hiking trails and bridle paths, accessory uses; public and private parks and picnic areas, greenways and open spaces, recreation related structures not requiring basements, regulatory signs not over six square feet and general farming provided no drainage, filling or dredging takes place and no farm buildings are constructed.

(2)

Stables, barns, poultry houses, and other ordinary farm buildings on parcels of land ten acres or more in area, provided that no buildings housing domestic livestock or poultry shall be closer than 50 feet to any lot line, and provided further that not more than one head of domestic livestock nor more than 20 fowl are housed or kept per acre, and provided further that the keeping of hogs, goats, or fur-bearing animals shall not be permitted on less than 20 acres.

(b)

Conditional uses. The following are conditional uses in the C-1 district: Filling, drainage, dredging, farm structures, dams, power plants, flowages, ponds, relocation of watercourses, removal of topsoil or peat; piers, docks, boathouses, campgrounds and cranberry bogs. All permitted and conditional uses are subject to the provisions of article III of this chapter.

(Code 1986, § 10-1-31; Ord. of 12-6-2022(5); Ord. of 3-7-2023(8))

(a)

Purpose. The primary purpose of this district is to maintain, preserve, and enhance agricultural lands historically exhibiting high crop yields. Such lands are generally covered by Class I, II, and III soils as rated by the U.S. Department of Agriculture, Soil Conservation Service. As a matter of policy, it is hereby determined that the highest and best use of these lands is agriculture. Further, lands in this district will only be approved for rezoning where surrounding land uses have made continued farming unfeasible, or the soil is determined to be of poor agricultural productivity.

(b)

Approved uses. The following are approved uses in the A-P district: Agriculture, apiaries, dairying, floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming and viticulture. Farm dwellings for those resident owners and laborers actually engaged in the principal permitted uses are accessory uses.

(c)

Conditional uses. See sections 58-124, 58-125 and 58-126.

(d)

Lot, building and yard requirements.

(e)

Farm consolidation. Farm dwellings at the time of the effective date of the ordinance from which this article is derived and related farm structures remaining after farm consolidation may be separated from the farm lot; provided, however, that the parcel created conforms with other provisions of this chapter.

(Code 1986, § 10-1-33)

(a)

Purpose. The primary purpose of this district is to preserve, for an extended period in agricultural and related open space land uses, those lands generally located in the path of expected future development of incorporated urban centers. It is the intent that urban development be deferred in such areas until the appropriate legislative bodies concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. It is intended that the status of all areas in this district be reviewed by the appropriate planning bodies no less frequently than every five years in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of such areas to some other appropriate use district. Any such review will consider the need for permitting other uses on such land, the nature of the use or uses to be permitted, and the cost and availability of the public services and facilities which will be necessitated by such new use or uses. As a matter of policy, rezoning only to those districts identified for those lands in the land use plan will be approved.

(b)

Approved uses. The followed are approved uses in the A-H district: Agriculture, apiaries, dairying, floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming and viticulture. Farm dwellings for those resident owners and laborers actually engaged in the principal permitted uses are accessory uses.

(c)

Conditional uses. See sections 58-124, 58-125 and 58-126.

(d)

Lot, building and yard requirements.

(e)

Farm consolidation. Farm dwellings at the time of the effective date of the ordinance from which this article is derived and related farm structures remaining after farm consolidation may be separated from the farm lot; provided, however, that the parcel created conforms with section 58-82 and other provisions of this chapter.

(Code 1986, § 10-1-34)

(a)

Purpose. The primary purpose of this district is to identify lands for which agricultural uses are currently encouraged but where appropriate development will be permitted. These lands will generally be located adjacent to existing incorporated centers where urban expansion is planned to take place according to the land use plan. It is the intent that urban development be deferred in such areas until the appropriate legislative bodies concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. As a matter of policy, rezoning only to districts identified for those lands in the land use plan will be approved.

(b)

Approved uses. The following are approved uses in the A-T district: Agriculture, apiaries, dairying, floriculture, forestry, general farming, grazing, greenhouses, hatcheries, horticulture, livestock raising, nurseries, orchards, paddocks, pasturage, poultry raising, stables, truck farming and viticulture. Farm dwellings for those resident owners and laborers actually engaged in the principal permitted uses are accessory uses.

(c)

Conditional uses. See sections 58-124, 58-125 and 58-126.

(d)

Lot, building and yard requirements.

(e)

Farm consolidation. Farm dwellings at the time of the effective date of the ordinance from which this article is derived and related farm structures remaining after farm consolidation may be separated from the farm lot; provided, however, that the parcel created conforms with this article.

(Code 1986, § 10-1-35)

(a)

Purpose. The primary purpose of this district is to provide for the proper location and regulation of manufacturing, warehousing, storage, and related industrial and marketing activities that are dependent upon or closely allied to the agricultural industry.

(b)

Approved uses. The following are approved uses in the A-R district: Grain elevators and bulk storage of feed grains; grist mill services; preparation for feeds for animals and fowls; livestock sales facilities; poultry and small game dressing and packing; animal hospitals, shelters and kennels; fertilizer sales, storage, mixing and blending; sales and maintenance of farm implements and farm machinery; production of wine, alcohol, brandy and brandy spirits; milling of vegetable oil.

(c)

Conditional uses. See section 58-123.

(d)

Site requirements. See Schedule of Regulations set forth in section 58-76 for M-l Industrial District.

(Code 1986, § 10-1-36)

The additional restrictions enumerated in chapter 60 apply to areas which are subject to periodic flooding.

(Code 1986, § 10-1-37)

(a)

Purpose. The planned unit development district is established to provide a regulatory framework designed to promote improved environmental design in the village by allowing for greater freedom, imagination and flexibility in compliance to the basic intent of the zoning ordinance and the general plan for community development. It allows diversification and variation in the relationship of used, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.

(b)

Permitted uses. The following uses are permitted in the planned unit development district; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:

(1)

Any use permitted by right or as a conditional grant in any of the other districts of this chapter may be permitted, subject to the criteria as established herein, but such requirements as are made a part of an approved, recorded precise development plan shall be, along with the recorded plan itself, construed to be enforced as part of this article.

(2)

Lot area, lot width, height, floor area ratio, yard and usable open space requirements. In the planned unit development district, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this article.

(3)

Off-street parking. In the planned unit development district, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth and such requirements as area made a part of an approved recorded precise development plan.

(c)

Criteria for approval. As a basis for determining the acceptability of a planned unit development district application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this article, 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. In a planned unit development district, the uses proposed and their intensity and arrangement on the site shall be a visual and operational character which:

a.

Are compatible to the physical nature of the site;

b.

Would produce an attractive environment of sustained aesthetic and ecologically desirability, economic stability and functional practicality;

c.

Would not adversely affect the anticipated provision for school or other municipal services;

d.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(2)

Economic feasibility and impact. The proponents of a planned unit development district application shall provide evidence satisfactory to the village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.

(3)

Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.

(4)

Preservation and maintenance of open space. In a planned unit development district, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

a.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas.

b.

The care and maintenance of such open space reservation shall be ensured by the establishment of an appropriate management organization for the project. 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.

c.

Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the conditions of plan approval.

(5)

Implementation schedule. The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

(d)

Procedure. The procedure for rezoning to a planned unit development 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 development plan and shall be subject to the following additional requirements:

(1)

General development plan. A general development plan shall include the following information:

a.

A statement describing the general character of the intended development.

b.

An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.

c.

A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in subsection (c) of this section:

1.

The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.

2.

The pattern of public and private streets.

3.

The location, size and character of recreational and open space areas reserved or dedicated for public uses such as school, park, greenway, etc.

4.

A utility feasibility study.

d.

Appropriate statistical data on the size of the development ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the village under the criteria of subsection (c) of this section.

e.

General outline of intended organizational structure related to a property owners association, deed restrictions and private provision of common services.

(2)

Referral and hearing.

a.

Within a reasonable time after completion of the filing of the petition for approval of a general development plan, the plan commission shall forward the petition to the village board, with a recommendation that the plan be approved as submitted, approved with modifications, or disapproved.

b.

Upon receipt of the plan commission's recommendation, the board shall determine whether or not to initiate a proposed zoning change to permit the proposed planned community development district and to schedule the required public hearing. If the board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the village clerk-treasurer.

c.

Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall 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.

(3)

Specific implementation plan. A specific and detailed plan implementation of all or a part of a proposed planned unit development district must be submitted within a reasonable period of time, as determined by the village board. If a specific implementation plan has not been submitted within the time which the village board determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the planned unit development district shall be filed by the appropriate village official with the village clerk-treasurer for processing. The specific implementation plan shall be submitted to the plan commission and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

a.

An accurate map of the area covered by the plan, including the relationship to the total general development plan.

b.

The pattern of public and private roads, driveways, walkways and parking facilities.

c.

Detailed lot layout and subdivision plan where required.

d.

The arrangement of building groups other than single-family residences, and their architectural character.

e.

Sanitary sewer and water mains.

f.

Grading plan and storm drainage system.

g.

The location and treatment of open space areas and recreational or other special amenities.

h.

General location and description of any areas to be dedicated to the public.

i.

General landscape treatment.

j.

Proof of financing capability.

k.

Analysis of economic impact upon the community.

l.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

3.

The anticipated rate of development;

4.

The approximate date when the development of each of the stages will be completed.

m.

Agreements, bylaws, provision or covenants which govern the organizational structure, use maintenance, and continued protection of the planned unit development and any of its common services, common open areas or other facilities.

n.

Any other plans, documents or schedules requested by the village.

(4)

Approval of the specific implementation plan.

a.

Following a review of the specific implementation plan, the plan commission shall recommend to the board that it be approved as submitted, approved with modifications or disapproved.

b.

Upon receipt of the plan commission recommendations, the board may approve the plan and authorize development to proceed accordingly or disapprove the plan and send it back to the plan commission for further negotiation with the developer.

c.

In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the village board, in the county register of deeds office. This shall be accomplished prior to the issuance of any building permit.

d.

Any subsequent change or addition to the plans or use shall first be submitted for approval to the village attorney and plan commission and, if in the opinion of the plan commission such change or addition constitutes a substantial alteration of the original plan, the procedure provided in this subsection (d) shall be required.

(Code 1986, § 10-1-38)

(a)

All structures and accessory buildings, excluding boathouses, abutting a navigable body of water shall have a 30-foot setback from the normal high water mark.

(b)

As used in this section, the term "boathouse" means a permanent structure used for the storage of water crafts and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts. The term "boathouse" does not include shore stations or boathouses which are removed from a waterway on an annual basis.

(c)

The principal use of a boathouse shall be the storage of water crafts. Boathouses shall not have running water. Boathouses shall not be used as a permanent or temporary dwelling.

(Code 1986, § 10-1-39)