Sheboygan Town City Zoning Code
ARTICLE V
District Regulations
§ 335-27 A-1 Agricultural District.
No building or use shall hereafter be established or enlarged within the A-1 Agricultural District unless it conforms to the following regulations:
A.
Purpose. All agricultural land in the Township's considered transitional and the primary purposes of the A-1 District are to:
(1)
Provide for the orderly transition of agricultural land into other uses in area planned for eventual urban expansion;
(2)
Defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost;
(3)
Ensure that urban development is compatible with local land use plans and policies;
(4)
Provide periodic review to determine whether all or part of the land should be transferred to another zoning district.
B.
Permitted uses.
(1)
Agricultural and agricultural storage as defined in this chapter.
(2)
One single- or two-family dwelling.
(3)
Public and private schools, colleges, and universities.
C.
Permitted uses if under 35 acres. If at any time the minimum lot area of A-1 zoned land is less than 35 acres, no new structure shall be constructed, except single-family dwellings.
D.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
E.
Lot size requirements.
(1)
Minimum lot area: Farm Size: 35 acres.
(2)
Minimum lot width: 100 feet.
F.
Building bulk limitations.
(1)
Farm dwelling:
(a)
A front yard of not less than 30 feet.
(b)
A side yard on each side of the lot not less than 15 feet.
(c)
A rear yard of not less than 50 feet.
(d)
Maximum building height:
[1]
Farm dwelling: 35 feet.
[2]
Other structures - two times distance from the nearest lot lines with a maximum of 60 feet.
(2)
Other structures:
(a)
Rear: Minimum 100 feet.
(b)
Side: Minimum 20 feet if structure is not to be used for the housing of animals; 100 feet if structure is to be used for the housing of animals.
(c)
Street: See § 335-27F(1)(a).
G.
Existing substandard lots. No accessory farm structures may be erected on any substandard lot or parcel of record in the County Register of Deeds Office before the effective date of this chapter without obtaining a conditional use permit for same.
H.
Building coverage and construction specifications. All farm dwellings hereafter constructed or erected shall conform to the following regulations:
[Added 8-1-1995 by Ord. No. 1-1995/96]
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code - approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
§ 335-28 C-1 Conservancy District.
No building or use shall hereafter be established or enlarged within the C-1 District unless it conforms to the following regulations:
A.
Purpose. The primary purpose of the C-1 District is to preserve, protect, and enhance the lakes, streams, swamps, marshes, bogs, and other wetlands in the Town of Sheboygan. The proper regulation of these areas will serve to maintain and improve groundwater and surface water quality; prevent flood damage; protect fish and wildlife habitat; prohibit the location of structures on soils which are generally not suitable for such use; protect natural watersheds; and protect the water-based recreation and open space resources of Sheboygan County. This district recognizes that undisturbed wetlands serve as natural purifiers of surface waters and as protective buffers of the land and water interface.
B.
Lands included. The C-1 District shall include minimally all areas delineated as swamps, marshes, bogs, and other wetlands on the "Shoreland Zoning Map, Sheboygan County, Wisconsin," as described in the Shoreland-Floodplain Ordinance, Sheboygan County, Wisconsin; wetlands as delineated by the State of Wisconsin as such, as well as those shoreland and wetland areas identified as being of local concern.
C.
Permitted uses. The following uses are permitted in the C-1 District, provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping, filling, extension of cultivated areas, mineral, soil or peat removal, or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography:
(1)
Dugout ponds and level ditches;
(2)
Flood overflow and movement of water;
(3)
Forestry and game management;
(4)
Hiking trails;
(5)
Hunting, fishing (where permitted by law), wildlife preserves, and other historic/scientific areas;
(6)
Navigation;
(7)
Park and recreation areas not including the location or erection of buildings or structures; and
(8)
Wild crop harvesting, including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds.
D.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
E.
Restrictions. The following general restrictions are placed within the C-1 Conservancy District:
(1)
No existing trees or shrubs shall be removed unless damaged or diseased; no stream, river, or creek shall be diverted, dammed, filled, or otherwise affected; and no grading, removal of soil, or disturbing of the natural topography shall be undertaken unless prior approval of the plan is obtained from the Town Board.
F.
Area, height, and yard requirements: None; no buildings or structures permitted except as provided under a conditional use.
§ 335-29 R-1 Single Family Residence District.
[Amended 8-1-1995 by Ord. No. 1-1995/96; 4-9-2024 by Ord. No. 040924; 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-1 Single Family Residence District unless it conforms to the following regulations:
A.
Principal uses.
(1)
Single-family detached dwellings.
(2)
Parks and playgrounds.
(3)
Churches and similar places of worship.
(4)
Public or private elementary, middle, and high schools (in sanitary districts only).
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
On-site sewage disposal systems:
(a)
Minimum lot area: 20,000 square feet, except where Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: 100 feet.
(2)
With municipal sewers:
(a)
Minimum lot area: 12,000 square feet.
(b)
Minimum lot width: 80 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage: No more than 30% of the area of a lot shall be occupied by a building or structure with its accessory buildings.
(3)
Yard requirements:
(a)
A front yard not less than 30 feet in depth;
(b)
A side yard on each side of lot not less than 10 feet;
(c)
A rear yard not less than 50 feet in depth.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
§ 335-30 R-1 Rural Standard District (R-1/RS).
[Added 3-23-1998 by Ord. No. 1998/99; amended 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-1 Rural Standard District unless it conforms to the following regulations:
A.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Parks and playgrounds.
(3)
Churches and similar places of worship.
(4)
Public or private elementary, middle, and high schools (in sanitary districts only).
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
On-site sewage disposal systems.
(a)
Minimum lot area: 20,000 square feet except where Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: 110 feet.
(2)
With municipal sewers.
(a)
Minimum lot area: 14,500 square feet.
(b)
Minimum lot width: 110 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage: no more than 30% of the area of lot shall be occupied by a building or structure with its accessory buildings.
(3)
Yard requirements:
(a)
A front yard not less than 30 feet in depth.
(b)
A side yard on each side of lot not less than 15 feet.
(c)
A rear yard not less than 50 feet in depth.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
(4)
Shall be properly connected to utilities.
§ 335-31 R-1 Rural Suburban District (R-1/RSUB).
[Added 3-23-1998 by Ord. No. 1998/99; amended 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-1 Rural Suburban District unless it conforms to the following regulations:
A.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Parks and playgrounds.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 125 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage. No more than 30% of the area of lot shall be occupied by a building or structure with its accessory buildings.
(3)
Yard requirements:
(a)
A front yard of not less than 75 feet in depth.
(b)
A side yard on each side of lot not less than 25 feet.
(c)
A rear yard not less than 50 feet in depth.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
(4)
Shall be properly connected to utilities.
§ 335-32 R-1 Rural Estate District (R-1/RE).
[Added 3-23-1998 by Ord. No. 1998/99; amended 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-1 Rural Estate District unless it conforms to the following regulations:
A.
Permitted uses. Single-family detached dwellings.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 150 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage: No more than 30% of the area of lot shall be occupied by a building or structure with its accessory buildings.
(3)
Yard requirements:
(a)
A front yard of not less than 75 feet in depth.
(b)
A side yard on each side of lot not less than 40 feet.
(c)
A rear yard not less than 75 feet in depth.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
(4)
Shall be properly connected to utilities.
§ 335-33 Rural Residential Cluster (RRC) Development District.
[Amended 7-19-2005 by Ord. No. 2003/04; 7-18-2006 by Ord. No. 2005/06; 4-9-2024 by Ord. No. 040924; 4-9-2024 by Ord. No. 04092024-1]
A.
Intent. The purpose of the Rural Residential Cluster (RRC) Development District is to preserve rural landscape character, natural resource areas, farmland, and other large areas of open land, while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:
(1)
To provide a large proportion of land area within RRC developments for common use as natural appearing open space with environmental value.
(2)
To maintain and enhance what remains of the Town's rural and natural character by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features, such as woodlands, hedgerows, stream corridors, wetlands, floodplains, shorelands, prairies, ridge tops, steep slopes, habitat, and natural areas, by protecting them from removal or adverse impact from development. This includes, but is not limited to, areas contained in primary environmental corridors, as identified by the Sheboygan County Planning and Resources Department, are of particular significance for conservation.
(3)
To preserve scenic views and to minimize views of new development from existing streets.
(4)
To provide for the unified and planned development of clustered, single-family, low-density residential uses, incorporating areas of permanently protected common open space.
(5)
To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of other subdivision regulations in order to minimize the disturbance of rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
(6)
To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
(7)
To create groups of dwellings with direct visual and physical access to common open space.
(8)
To permit active and passive recreational use of common open space by residents of a cluster development or by the public.
(9)
To reduce erosion by retaining or improving existing vegetation.
(10)
To allow for the continuation of agricultural uses in those areas best suited for such activities by creating protective buffers.
(11)
To permit various means for owning common open space and for protecting it from development in perpetuity.
(12)
To support an attitude of stewardship, or caring, for the land within common open space by requiring a land management or stewardship.
(13)
To implement applicable objectives of the adopted Town Comprehensive Plan or elements thereof.
B.
Principal permitted uses. Permitted uses within the Rural Residential Cluster (RRC) District are as follows.
(1)
Single-family residential uses as follows:
(a)
Clustered single-family attached or detached dwellings, including condominiums, with at least 50% of the gross acreage in common open space.
(b)
Single-family farmstead dwellings with or without associated agricultural structures, such as barns, silos, storage sheds, and stables.
(2)
Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i) of the Wisconsin Statutes.
(3)
Open space uses, primarily passive in nature, including wildlife sanctuaries, forest preserves, nature centers, trails, picnic areas, and similar uses.
(4)
Conservation of natural features in their existing state or restoration to an improved condition.
(5)
Stormwater management facilities for the proposed development, including detention and retention basins.
(6)
Essential services.
(7)
The following uses are permitted in common open space in cluster development:
(a)
Uses listed above in Subsection B(3), (4), (5) and (6).
(b)
Water supply and sewerage facilities for individual lots, groups of lots, or the entire development.
(c)
Utility and street rights-of-way except that street right-of-way land areas shall not count toward the 50% minimum open space requirement.
(d)
Parking areas where necessary to serve active recreation facilities.
C.
Accessory uses.
(1)
Attached and detached private garages and storage structures, provided that:
(a)
One detached garage, not exceeding 1,200 square feet, shall be permitted.
(b)
One detached storage structure, not exceeding 200 square feet, shall be permitted per single family residence, in addition to any attached or detached garage.
(2)
Home occupations which are clearly incidental to the principal residential use, provided that the requirements of the § 335-6 definition of "Garage, Private" are met.
D.
Conditional uses. The following conditional uses may be allowed pursuant to the procedure set forth in Article VI, Conditional Uses, provided the proposed use shall not adversely impact the rural character of the district and shall be consistent with the overall intent and objectives of the district as listed in § 335-33A, above.
(1)
Agricultural uses requiring the installation of new buildings or other structures in the common open space of a cluster development. The total building coverage of such new agricultural buildings or structures shall not exceed 10,000 square feet.
(2)
Commercial storage or other adaptive reuse of barns in order to provide for an adaptive and compatible reuse and promote the preservation of such structures, provided such barns have existed for at least 20 years prior to the effective date of this chapter.
(3)
Recreational uses such as tennis courts, putting greens, children's play area, or recreational buildings or other structures in the common open space of a cluster development. The total building coverage of such new buildings or structures shall not exceed 10,000 square feet.
(4)
Agricultural activities, including:
(a)
The cultivation, harvesting, and sale of crops and related products produced on the farm.
(b)
The raising and sale of livestock or fowl, with associated pasture and barnyards.
(c)
Orchards, nurseries, greenhouses, and related horticultural uses.
(d)
Growing and sale of Christmas trees.
(e)
Agricultural structures such as barns, silos, storage sheds, and stables.
(5)
Public or private elementary, middle and high schools adjacent to other property within a RRC District used for the uses listed above in § 335-33B(1) or (2).
E.
Prohibited uses.
(1)
The use of motor vehicles, except on public streets and parking areas. maintenance, law enforcement, emergency, and farm vehicles are exempt from this limitation.
(2)
Cutting of healthy trees, regrading, topsoil removal, altering, diverting, or modifying watercourses or bodies, except in compliance with an approved land landscape plan and master side grading plan approved for any subdivision or condominium plat, as described in § 335-33K.
(3)
Animal husbandry operations, except as permitted or conditional uses in rural estate developments.
F.
Inventory and site analysis. To aid the Town in determining if a proposed development plan meets the intent and objectives as described in § 335-33A and the design standards for cluster groups and common open space as described in § 335-33I and J, the initial application for any development shall include an inventory and site analysis of the parcel. The specific requirements for such inventory and site analysis are described herein or as required by the Plan Commission or Town Board.
G.
Density and dimensional standards.
(1)
The following density and dimensional standards shall apply to residential cluster development:
Factors | Single-Family Residences on Lots or Parcels Served by Private On-Site Waste Treatment Systems | Single-Family Residences on Lots or Parcels Served by Common or Municipal Sanitary Sewer Systems |
|---|---|---|
Minimum gross acres per dwellinga | 5 | 1.5 |
Minimum common open space (% of gross acres) | 60% | 50% |
Minimum lot areab | 20,000 square feet | 10,000 square feet |
Minimum lot width: | ||
Measured at building setback line | 100 feet | 80 feet |
Measured at front lot line | 50 feet | 50 feet |
Minimum front yard depth | 30 feet | 30 feet |
Minimum rear yard depth | 50 feet | 25 feet |
Minimum side yard | 10 feet | 10 feet |
Accessory building. minimum setbackc | ||
From side lot lines | 5 feet | 5 feet |
From rear lot line | 5 feet | 5 feet |
Maximum height | ||
Principal structure | 35 feet | 35 feet |
Nonagricultural accessory structures | 20 feet | 20 feet |
Agricultural accessory structures | 2 times the distance from the nearest lot line with a maximum set back of 60 feet | 2 times the distance from the nearest lot line with a maximum set back of 60 feet |
Maximum building coverage per lot | 30% | 30% |
Minimum principal structure size | 1,200 square feet | 1,200 square feet |
NOTES: | |
|---|---|
a | Existing dwellings that will remain on the site shall be included in the calculation of maximum density. |
b | For an existing farmstead on a parcel used for cluster development, the minimum lot area shall be five acres or a lot large enough to accommodate all structures within a building envelope created by a 100-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to 200 feet. |
c | Accessory buildings shall not be permitted within the front yard. |
(2)
Separation distances for cluster groups.
(a)
The outer boundaries of all cluster groups shall conform to the following separation distances:
[1]
From existing or proposed arterial street rights-of-way as defined in the Town Comprehensive Plan or the Regional Transportation System Plan: 100 feet.
[2]
From existing scenic highways or rustic roads: 75 feet.
[3]
From all perimeter subdivision boundaries: 75 feet.
[4]
From cropland or pasture land: 100 feet.
[5]
From buildings or barnyards housing livestock: 100 feet.
[6]
From other cluster groups: 100 feet.
[7]
From wetlands, floodplains, or watercourses: 25 feet. Refer also to state and county setbacks, protective areas and other requirements.
[8]
From active recreation areas, such as courts or playing fields: 100 feet.
(b)
All separation areas for cluster groups along existing streets shall be landscaped in accordance with § 335-33K, in order to block views of new residential development, preserve scenic views, and protect rural landscape character.
(c)
The dimensional standards specified in § 335-33G(2) may be reduced under the following circumstances:
[1]
The separation distances from existing arterial streets and the perimeter of the subdivision may be reduced to no less than 50 feet if the applicant can demonstrate that existing vegetation or topography or a combination of these form an effective visual screen.
[2]
All other separation distances may be reduced by 50% if the applicant can demonstrate to the satisfaction of the Plan Commission that such reduced setbacks improve the plan's compliance with the cluster group design standards in Subsection A of this section, the intent of this chapter, and the objectives of the Town Comprehensive Plan.
H.
Calculation of site capacity.
(1)
For cluster development, the calculation of site capacity, or the number of dwelling units permitted in a development, shall be based on the gross parcel acreage. The applicant shall determine the gross parcel acreage using public records and/or maps, or at the option of the Town, actual surveyed acreage as provided by a licensed Wisconsin professional land surveyor.
(2)
To determine the number of units permitted on a given site, the gross parcel acreage shall be divided by the acres per lot factor set forth in § 335-33G immediately above and rounded to the nearest whole number.
I.
Design standards for cluster groups. The following standards shall apply to all cluster groups:
(1)
All dwelling units shall be grouped into cluster groups, each of which shall be surrounded by common open space.
(2)
No cluster group shall contain more than 15 dwelling units.
(3)
A plat may contain one or more cluster groups.
(4)
Cluster groups shall be defined by the outer perimeter of contiguous lotted areas or abutting streets, and may contain lots, streets, and cluster group open space. When the development does not include individual lots, as in a condominium, the outer perimeter shall be defined as an area encompassed by a line drawn around the units, no point of which is less than 25 feet from any unit.
(5)
The outer boundaries of each cluster group shall meet the separation distance requirements specified in § 335-33G(2).
(6)
Cluster groups shall be defined and separated by common open space in order to provide direct access to common open space and privacy to individual lot or yard areas. Cluster groups may be separated by street rights-of-way.
(7)
All lots in a cluster group shall take access from interior streets.
(8)
All lots in a cluster group shall abut common open space on at least one side. Common open space across a street shall qualify for this requirement.
(9)
In locating cluster groups, disturbance to woodlands, hedgerows, and individual mature trees shall be minimized. However, where dwellings are located within woodlands, no more than 30% of a single wooded lot may be cleared for the construction of a dwelling, driveway, garage, storage building, well, and private on-site waste treatment system. Clearing will be limited to 30% of the lot as set forth in § 335-33G, but may be waived or modified by the Plan Commission or Town Board if the 30% limitation is not sufficient to allow the construction of a dwelling, driveway and accessory uses.
J.
Design standards for common open space. On all parcels developed under the cluster development regulations, 50% of the gross land area shall be set aside as protected common open space. This open space shall meet the following standards:
(1)
For the purposes of this Subsection, gross land area includes all lands within the parcel, except existing street, railway, and utility rights-of-way.
(2)
Common open space shall comply with the following design standards:
(a)
The location of common open space shall be consistent with the objectives of the Town Comprehensive Plan, or portions thereof, or existing zoning ordinances and maps, or as directed by the Town Board.
(b)
All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. At least 50% of the common open space areas shall be contiguous to another common open space area. For the purposes of this subsection, areas shall be considered contiguous if they are within 100 feet of each other and there are no impediments to access between the areas.
(c)
Common open space shall, to the greatest extent possible, protect site features identified in the site inventory and analysis as having particular value in the context of preserving rural character, in compliance with the intent of this chapter.
(d)
Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, or restore their overall condition and natural processes, as recommended by natural resource professionals and in compliance with an approved land stewardship plan, as described in § 335-33L(30). Permitted modifications may include:
[1]
Woodland management.
[2]
Reforestation.
[3]
Meadow management.
[4]
Wetlands management.
[5]
Stream bank protection.
[6]
Buffer area landscaping.
[7]
Stormwater management, including infiltration.
(e)
All wetlands, floodplains, wildlife habitat areas, steep slopes over 30%, 100% of lowland environmental corridor, and a minimum of 80% of upland primary environmental corridors shall be contained in common open space, to the extent practicable.
(f)
The common open space shall maximize common boundaries with existing or future open space on adjacent lands, as shown in the Town or County Comprehensive Plan, or the comprehensive plan of an adjacent municipality.
(g)
To preserve scenic views, ridge tops and hilltops should be contained within common open space wherever possible. Trees shall not be removed from ridge tops or hill tops.
(h)
A minimum of 80% of the area of existing woodlands shall be contained within common open space. Up to 20% of the area of existing woodlands may be located within lots or used for residential development. This limitation may be exceeded under the following conditions:
[1]
The site is primarily wooded and development at the permitted density would not be possible without encroaching further into the woodlands.
[2]
Any encroachment on woodlands beyond 20% shall be the minimum needed to achieve the maximum permitted density, as determined by the Town Board.
(i)
No area of common open space shall be less than 30 feet in its smallest dimension or less than 10,000 square feet in area. Open spaces not meeting this standard shall not be counted toward the total required 50% common open space.
(j)
The boundaries of common open space shall follow the natural features wherever possible, such as hedgerows, edges of woodlands, streams, or individual large trees. Where no such natural demarcations exist, additional plantings, fences, or other landscape features should be added to enable residents or the public, if applicable, to distinguish where common open space ends and private lot areas begin. Where structural demarcations, such as fences, are used, they shall be the minimum needed to accomplish this objective.
(k)
Trails in common open space that are located within 50 feet of homes in cluster groups shall be identified by plantings, fences, or other landscape features.
(l)
Under no circumstances shall all common open space be isolated in one area of the development. Common open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units, cluster groups, and other common facilities.
(m)
Common open space shall include lands located along existing public streets in order to preserve existing rural landscape character as seen from these streets, and shall, in no case, contain less than the required buffer, setback area, or separation distance.
(3)
Safe and convenient pedestrian access and access for maintenance purposes shall be provided to common open space areas that are not used for agricultural purposes, in accordance with the following:
(a)
At least one access point per cluster group shall be provided, having a width equal to or greater than the minimum width of a lot within the cluster group. This width may be reduced by the Town Board if the applicant can demonstrate that, due to natural site constraints, meeting the lot width requirement would run counter to the objectives of this section.
(b)
Access to common open space used for agriculture may be restricted for public safety and to prevent interference with agricultural operations.
(4)
The following areas shall not be included in the calculation of common open space areas:
(a)
Private lot areas or common areas of condominium plats.
(b)
Street and highway rights-of-way, public or private.
(c)
Parking areas.
(d)
Areas not meeting the requirements of § 335-33J(2)(i).
K.
Landscaping.
(1)
Promoting and preserving natural landscape.
(a)
For the purpose of conserving and promoting the natural landscape, existing vegetation shall be preserved, except that selective cutting and forestry improvements may be conducted under an approved management plan.
(b)
Existing woodlands and hedgerows of native species shall be retained to the maximum extent possible. Where possible, existing woodlands and hedgerows shall be incorporated into the required separation areas between cluster groups and external streets and site boundaries.
(c)
Suitable existing vegetation shall be credited toward the landscaping requirements of this section, when, in the opinion of the Town Board, it would equal or exceed the visual impact of the new required plant material after 10 years of growth.
(d)
All new landscaping to be installed and existing vegetation to be preserved shall be protected in accordance with the methods specified in Chapter 337, Subdivision and Land Development, or other applicable Town ordinances.
(2)
Street trees.
(a)
Street trees shall be planted along internal streets within cluster groups.
(b)
Street trees may be planted, but are not required, along internal streets passing through common open space.
(c)
Informal arrangements are encouraged for street trees, to avoid the urban appearance that regular spacing may invoke.
(d)
Street trees shall be located so as not to interfere with the installation and maintenance of utilities and paths, trails, or sidewalks that may parallel the street.
(e)
The species of street trees shall be selected from the "List of Recommended Species for Landscaping" adopted by the Town Board.
(f)
Street tree plantings shall comply with all applicable regulations in Chapter 337, Subdivision and Land Development, or other applicable ordinances.
(3)
Buffers.
(a)
A planted buffer area at least 25 feet in width shall be established within all required separation areas between external streets and cluster groups.
(b)
Planted buffers within separation areas between cluster groups are encouraged to enhance privacy and a rural appearance between lots.
(c)
Buffers consisting of an informal arrangement of native plant species combined with infrequent mowing are strongly encouraged, to create a low-maintenance, natural landscape.
L.
Ownership and maintenance of common facilities and open space. To ensure adequate planning for ownership, operation, and maintenance of common open space, recreation facilities, stormwater management facilities, common parking areas and driveways, private streets, and other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply:
(1)
Ownership. The following methods may be used, either alone or in combination, to own common areas or facilities. Common areas or facilities shall not be transferred to another entity except for transfer to another method of common ownership permitted under this subsection. Ownership methods shall conform to one or more of the following:
(a)
Homeowners' association. Land and improvements shall be held in common ownership as undivided proportionate interests by the members of a homeowners' association, subject to the provisions set forth herein:
[1]
The applicant shall provide to the Town a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities. Such documents shall be approved as to form by the Town Attorney.
[2]
The organization shall be established by the owner or applicant and shall be operating, with financial subsidy by the owner/applicant, if necessary, prior to the sale of any dwelling units in the development. Owner/applicant may retain control and may operate said organization until the sale of the last development lot.
[3]
Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
[4]
The organization shall be responsible for maintenance and insurance of common facilities.
[5]
The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities.
[6]
The organization shall have or hire adequate staff to administer, maintain, and operate common facilities.
[7]
The applicant for any cluster subdivision or development proposed to contain common facilities shall arrange with the Town Assessor a method of assessment of the common facilities which will allocate to each tax parcel in the development a share of the total assessment for such common facilities.
[8]
Written notice of any proposed transfer of common facilities by the homeowners' association or the assumption of maintenance of common facilities must be given to all members of the organization and to the Town at least 30 days prior to such event.
(b)
Condominium agreements. Common facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved as to form by the Town Attorney and shall comply with the requirements of Chapter 703 of the Wisconsin Statutes. All common open space and other common facilities shall be held as "common elements" by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
(c)
Fee simple dedication to a public entity. The Town, or other public entity acceptable to the Town, may but shall not be required to accept any portion of the common facilities, provided that:
[1]
There shall be no cost of acquisition, other than costs incidental to the transfer of ownership, such as title insurance.
[2]
Any facilities so dedicated shall be accessible to the residents of the Town, if the Town so chooses.
[3]
The Town or other public agency shall maintain such facilities.
(d)
Dedication of conservation easements to a public entity. The Town or other public entity acceptable to the Town may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:
[1]
There is no cost of easement acquisition, other than costs incidental to the transfer of ownership, such as title insurance.
[2]
A satisfactory maintenance agreement shall be reached between the owner and the Town.
[3]
Lands under a Town easement may or may not be accessible to residents of the Town.
(e)
Fee simple dedication to a nonprofit conservation organization. With the approval of the Town Board, an owner may dedicate any portion of the common facilities to a nonprofit conservation organization, provided that:
[1]
The organization is acceptable to the Town.
[2]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its responsibilities.
[3]
A maintenance agreement acceptable to the Town is established between the owner and the organization, in accordance with § 335-33L(2).
(f)
Dedication of conservation easements to a nonprofit conservation organization. With the approval of the Town Board, an owner may dedicate conservation easements on any portion of the common facilities to a nonprofit conservation organization, provided that:
[1]
The organization is acceptable to Town.
[2]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its responsibilities.
[3]
A maintenance agreement acceptable to the Town is established between the owner and the organization, in accordance with § 335-33L(2).
[4]
The residents of the development shall hold a conservation easement on the land and facilities so dedicated, protecting the common open space from development in perpetuity.
(g)
Ownership retained by the original landowner. Ownership of common open space and facilities may be retained by the original landowner, provided that:
[1]
The Town or owners of the development shall hold perpetual conservation easements on the land protecting it from any further development.
[2]
Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
(h)
Other methods acceptable to the Town Board upon recommendation by the Town Attorney.
(2)
Maintenance and operation of common facilities.
(a)
A plan and narrative for the use, maintenance, and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Town Board prior to preliminary plat approval. Such plan shall:
[1]
Define ownership.
[2]
Establish necessary regular and periodic operation and maintenance responsibilities.
[3]
Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis.
[4]
Include a land stewardship plan specifically focusing on the long-term management of open space lands. A draft land stewardship plan shall be submitted with a preliminary plat, and a final plan shall be submitted with the final plat. The land stewardship plan shall comply with the requirements of Subsection L(3)
[5]
At the discretion of the Town Board, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
(b)
In the event that the association established to own and maintain common areas and facilities, or any successor organization thereto, fails to properly maintain all or any portion of the aforesaid common areas or facilities, the Town may serve written notice upon such association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the association, or any successor organization, shall be considered in violation of this chapter, in which case the Town shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the Town shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
(3)
The land stewardship plan shall include a narrative, based on the site analysis required by § 335-33F, describing:
(a)
Existing conditions, including all natural, cultural, historic, and scenic elements in the landscape;
(b)
Objectives for each common open space area, including:
[1]
The proposed end state for the area and the measures proposed for achieving the end state.
[2]
Proposed restoration measures, including:
[a]
Measures for correcting increasingly destructive conditions, such as erosion.
[b]
Measures for restoring historic features.
[c]
Measures for promoting native plant species.
[d]
A maintenance and operations plan identifying activities needed to maintain the stability of the resources, including mowing schedules, weed control measures, planting schedules, and clearing and cleanup measures and schedules.
(4)
Leasing of common open space lands. Common open space lands may be leased to another person or other entity for use, operation, and maintenance, provided that:
(a)
The uses comply with this chapter and the plat or development plan.
(b)
The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
(c)
The common open space lands to be leased shall be maintained for the purposes set forth in this section.
(d)
The operation of such leased open space lands may be for the benefit of the residents of the development only, or may be open to the public, if so determined by the residents.
(e)
The lease, and any transfer or assignment thereof, shall be subject to the approval of the Town Board.
(f)
Lease agreements shall be recorded in the office of the County Register of Deeds within 30 days of their execution and a copy of the recorded lease shall be filed with the Town.
(5)
Conservation. Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Town Board upon recommendation of the Town Attorney and duly recorded in the office of the County Register of Deeds.
M.
Sewerage and water supply facilities.
(1)
Sewerage facilities.
(a)
Sewerage facilities for cluster development may consist of any system meeting the requirements of the County, the Sanitary District No. 2, the Wisconsin Department of Safety and Professional Services.
(b)
If approved by the Commissioners of the Town of Sheboygan Sanitary District No. 2, sewerage facilities or portions thereof may be located within common open space areas.
(c)
All sewerage facilities shall be consistent with the requirements of the ordinances, policies, and rules of the Town of Sheboygan Sanitary District No. 2.
(d)
All public community sewerage facilities shall be owned, operated, and maintained by the Town of Sheboygan Sanitary District No. 2.
(2)
Water supply facilities.
(a)
Water supply facilities may consist of any of following systems, provided they meet the requirements of the County, the Town of Sheboygan Sanitary District No. 3 (Water). Town, the Wisconsin Department of Safety and Professional Services, and of the Wisconsin Administrative Code:
[1]
Private individual wells.
[2]
Private community wells.
[3]
Public water supply system.
(b)
All municipal water supply facilities shall be consistent with the requirements of the ordinances, policies and rules of the Town of Sheboygan Sanitary District No. 3 (Water).
(c)
All public water supply facilities shall be owned, operated, and maintained by the Town of Sheboygan Sanitary District No. 3 (Water).
N.
Technical modifications allowed. The Plan Commission or the Town Board shall have the authority to modify or adjust technical or numerical standards applicable to any specific development, provided the Plan Commission or Town Board is satisfied that the overall site plan, taking into account all relevant factors, will meet both the general intent and design guidelines of this chapter.[1]
[1]
Editor's Note: Original Section 5.34.o, Definitions relating to cluster development, of the 1983 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III); see now § 335-6.
§ 335-34 R-2 Two-Family Residence District.
[Amended 8-1-1995 by Ord. No. 1-1995/96; 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-2 Family Residence District unless it conforms to the following regulations:
A.
Permitted uses.
(1)
Any use permitted in R-1 District.
(2)
Two-family dwellings.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
On-site sewage disposal systems.
(a)
Minimum lot area: 20,000 square feet for single family homes; 30,000 square feet for two-family homes, except that where a part of either dwelling unit consists of a second floor, the minimum lot area may be 25,000 square feet, except where State Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: 100 feet.
(2)
With municipal sewers.
(a)
Minimum lot area: 12,000 square feet for single family homes; 15,000 square feet for two-family homes.
(b)
Minimum lot width: 80 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage: No more than 40% of the area of the lot shall be occupied by a principal building and its accessory buildings.
(3)
Yard requirements:
(a)
A front yard not less than 30 feet.
(b)
A side yard on each side of the lot not less than 10 feet.
(c)
A rear yard not less than 50 feet.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
§ 335-35 R-3 General Residence District.
[Amended 8-1-1995 by Ord. No. 1-1995/96; 4-9-2024 by Ord. No. 04092024-1]
No building or use shall hereafter be established or enlarged within the R-3 General Residence District unless it conforms to the following regulations:
A.
Permitted uses. Any use permitted in the R-2 Residence District.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
On-site sewage disposal systems:
(a)
Minimum lot area:
[1]
Multiple-family dwellings: 30,000 square feet for two-family dwellings and 5,000 square feet of unoccupied land for each additional dwelling unit, except where the Department of Safety and Professional Services regulations require more.
[2]
All other permitted uses: 20,000 square feet except where the Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: 100 feet.
(2)
With municipal sewers:
(a)
Minimum lot area:
[1]
Multiple-family dwellings: 15,000 square feet for two-family dwellings and 3,000 square feet of unoccupied land for each additional dwelling unit, except where the Department of Safety and Professional Services regulations require more.
[2]
Minimum lot width: 80 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Lot coverage:
(a)
No more than 50% of the area of an interior lot nor more than 60% of the area of a corner lot shall be occupied by a residential building or structure with its accessory buildings.
(b)
No more than 35% of the area of an interior lot nor more than 45% of the area of a corner lot shall be occupied by any other building or structure with its accessory buildings.
(3)
Yard requirements:
(a)
A front yard not less than 30 feet.
(b)
A side yard on each side of the lot not less than 10 feet.
(c)
A rear yard not less than 50 feet.
(4)
No residential dwelling shall contain less than 1,200 square feet of floor area.
E.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be constructed and installed pursuant to the manufacturer's specifications.
§ 335-36 R-4 Multiple-Family and Office District.
No building or use shall hereafter be established or enlarged within the R-4 Multiple-Family and Office District unless it conforms to the following regulations:
A.
Permitted uses. Any use permitted in R-3 General Residence District (except single-family dwellings).
B.
Conditional uses.
(1)
On-site sewage disposal systems.
(a)
Minimum lot area:
[1]
Multiple-family dwellings: 30,000 square feet for two-family dwellings and 5,000 square feet of unoccupied land for each additional dwelling unit, except where the Department of Safety and Professional Services regulations require more.
[2]
All other permitted uses: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: two-family dwellings: 100 feet.
(2)
With municipal sewers:
(a)
Minimum lot area - multiple-family:
[1]
Multiple-family dwellings: 15,000 square feet for two-family dwellings and 3,000 square feet of unoccupied land for each additional dwelling unit.
(b)
Minimum lot width: 80 feet.
C.
Building bulk limitations.
(1)
A front yard not less than 25 feet.
(2)
A side yard on each side of the lot not less than 10 feet.
(3)
A rear yard not less than 50 feet.
(4)
Maximum building height: 60 feet.
D.
Standards.
(1)
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residence building or residential property.
(2)
All office, hotel, and motel buildings and structures shall be located on sites that are planted and landscaped, except for parking areas and hard-surface walks, and shall be screened from contiguous property in any other residential district by decorative planting or fencing.
(3)
Off-street parking spaces shall be designed so that no parking, loading, or unloading of motor vehicles will take place adjacent to or within 25 feet of any residential building or any other residential district.
§ 335-37 R-5 Residential Condominium District.
No building or use shall hereafter be established or enlarged within an R-5 Residential Condominium District unless it conforms with the following regulations:
A.
Permitted uses. Residential condominium of one- to five-family dwellings.
B.
Conditional uses. None, except as referenced in Subsection E of this section.
C.
Lot size requirements. The minimum lot area shall be governed by R-1 requirements as modified by the Planned Residential Development (§ 335-61.
D.
Building bulk limitations. R-1 restrictions as modified in Planned Residential Development, § 335-61.
E.
Design requirements. A special conditional use permit shall be obtained by applying to the Plan Commission for such permit under Article VI, Conditional Uses. Such permit shall be governed by the provisions of § 335-61I, Planned Residential Developments, except as modified under this section, and the minimum development area shall not be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
F.
Platting requirements. Any structure built under this zoning classification shall conform to the following sections under Chapter 337, Subdivision and Land Development, of the Municipal Code of the Town of Sheboygan (regulation of subdivisions and plats):
(1)
Article V, District Regulations, except that the minimum street width pursuant to § 335-27A, and the length of the cul-de-sac and minimum diameter of same under § 335-27E shall not apply.
(2)
Article VII, Off-Street Parking, except § 335-69 and § 335-74.
G.
Building coverage and construction specifications. All dwellings hereafter constructed or erected shall conform to the following regulations:
[Added 8-1-1995 by Ord. No. 1-1995/96]
(1)
The minimum building width shall not be less than 22 feet.
(2)
All dwellings shall be constructed or erected on a Uniform Dwelling Code approved foundation.
(3)
Manufactured dwellings and manufactured homes shall be construction and installed pursuant to the manufacturer's specifications.
§ 335-38 B-1 Neighborhood Business District.
No building or use shall hereafter be established or enlarged within the B-1 Neighborhood Business District unless it conforms to the following regulations:
A.
Permitted uses.
(1)
Business and professional offices.
(2)
Drugstores.
(3)
Food stores.
(4)
Existing residences.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
On-site sewage disposal systems:
(a)
Minimum lot area: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
(b)
Minimum lot width: 80 feet.
(2)
With municipal sewers:
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum lot width: 80 feet.
D.
Building bulk limitations.
(1)
A front yard not less than 30 feet.
(2)
A side yard on each side of the lot not less than 15 feet.
(3)
A rear yard not less than 50 feet.
(4)
Maximum building height: 35 feet.
(5)
Transitional yards:
(a)
Where a side lot coincides with a side or rear lot line in an adjacent residential district, then a side yard shall be provided along such side lot line that is equal in width to the minimum side yard which would be required by this chapter for residential use on the adjacent residential lot.
(b)
Where a rear lot line coincides with a side lot line in an adjacent residential district, then a yard shall be provided along such rear lot line that is equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.
(c)
Where a rear lot coincides with a rear lot in an adjacent residence district, then a yard shall be provided along such rear lot line that is not less than 20 feet in depth.
(d)
Where the extension of a front or side lot line coincides with a front line of an adjacent lot located in a residence district, then a yard equal in depth to the minimum front yard required by this chapter on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least 20 feet, including the width of any intervening alley.
E.
Standards. All buildings, structures, and uses hereafter established or enlarged in the B-1 Neighborhood Business District shall comply with the following conditions and restrictions:
(1)
No new residential buildings shall be constructed in the B-1 Neighborhood Business District. Existing residential buildings may be altered, remodeled, improved, or enlarged subject to the restrictions and regulations which would be applicable to residences located in the R-4 General Residence District.
(2)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(3)
All business, servicing, storage, and display of goods (except for off-street parking and loading) shall be conducted within completely enclosed buildings.
(4)
No business establishment shall offer goods or services directly to customers waiting in parked motor vehicles, or sell beverages or food for consumption on the premises in parked motor vehicles.
(5)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
§ 335-39 B-2 General Business District.
No building or use shall hereafter be established or enlarged within the B-2 General Business District unless it conforms to the following regulations:
A.
Permitted uses. Any use permitted in B-1 District.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
(2)
Minimum lot width: 80 feet.
D.
Building bulk limitations.
(1)
A front yard not less than 25 feet.
(2)
A side yard on each side of the lot not less than 15 feet.
(3)
A rear yard not less than 30 feet.
(4)
Maximum building height: 35 feet.
(5)
No side yards are required for shopping centers, except when adjacent to a residential zone, then a twenty-five-foot side yard on each side of the shopping center shall be provided.
E.
Standards. All buildings, structures, and uses hereafter established, altered, or enlarged in the B-2 General Business District shall comply with the following conditions and restrictions:
(1)
No buildings shall be used for residential purposes, except for the use of the owner or operator of the premises, except that accommodation may be offered to the transient public by motels or hotels, and except that existing dwelling units located above a permitted use on the first or ground floor of a building may be continued.
(2)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(3)
All business, servicing, storage, and display of goods (except for off-street parking and loading) shall be conducted within completely enclosed buildings.
(4)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
[Amended 3-21-2023 by Ord. No. 032123-3]
§ 335-40 B-3 Highway Service District.
No building or use shall hereafter be established or enlarged within the B-3 Highway District unless it conforms to the following regulations:
A.
Permitted uses.
[Amended 6-16-2009]
(1)
Agriculture and agricultural storage, except that no structures may be built without first obtaining a conditional use permit pursuant to Article VI, Conditional Uses.
(2)
Passive, outdoor recreational land uses such as arboretums, natural areas, wildlife areas, hiking trails, bicycle trails, cross country ski trails, horse trails, picnic areas, gardens, fishing and hunting areas, and similar land uses.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
(2)
Minimum lot width: 200 feet.
D.
Building bulk limitations.
(1)
A front yard not less than 30 feet.
(2)
A side yard on each side of the lot not less than 15 feet.
(3)
A rear yard not less than 30 feet.
(4)
Maximum building height: 35 feet.
(5)
Maximum lot coverage: 40%.
E.
Standards. All buildings, structures, and uses hereafter established, altered, in the B-3 Highway Service District shall comply with the following conditions and restrictions:
(1)
No building shall be used for residential purposes, except for the use of the owner or operator of the premises, except that accommodation may be offered to the transient public by motels or hotels, and except that existing dwelling units located above a permitted business use on the first or ground floor of a building may be continued.
(2)
All outdoor storage, except the storage of automobiles and other motor vehicles in operating condition, and off-street parking and loading spaces, shall be enclosed by a decorative solid fence not less than five nor more than eight feet in height. Off-street parking and loading spaces and the storage of automobiles and other motor vehicles in operating condition shall be so enclosed when such use abuts on a residence district at a side or rear lot line or is separated from a residence district only by an alley.
(3)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold on the premises where produced.
(4)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residence district or upon any public street or park.
§ 335-41 B-4 Planned Business Park District.
No building or use shall hereafter be established or enlarged within the B-4 Planned Business Park unless it conforms to the following regulations:
A.
Permitted uses.
(1)
B-4A Planned Business Park Office and Light Industrial: business offices.
(2)
B-4C Planned Business Park Commercial: business offices.
(3)
B-4G Planned Business Park Governmental: governmental and cultural uses, such as fire and police stations, community centers, libraries, parks, playgrounds, and museums.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements. Minimum lot width: 200 feet.
D.
Building bulk limitations.
(1)
Maximum building height: 35 feet.
(2)
Maximum lot coverage: 40%.
E.
Nuisance restrictions. No operation, process, or other use or activity on said property shall produce noise, light, odors, smoke, vibrations, heat, industrial waste, or other external nuisances in excess of the limits defined in the Town Code.
F.
Special use. Any activity causing or resulting in electromechanical or electromagnetic disturbance or radiation shall require a written application to and the approval by the Town.
G.
Intent of district restriction and use. The use in this district is intended to provide for clean and quiet light manufacturing and office business uses creating low-density traffic.
H.
Setbacks from property lines.
(1)
Front yard setback. No part or portion of any building shall be erected, constructed, or extended nearer than 30 feet to the front lot line of any parcel. Parking or storage of automobiles or other vehicles, materials, products, or equipment shall be prohibited within this thirty-foot setback area. The thirty-foot setback area shall be graded and sodded or seeded from the thirty-foot setback line to the front lot line and may include plantings such as flowers, ground cover, shrubs, trees, or combinations thereof. All driveways shall be surfaced with hot-mixed asphalt concrete or portland cement concrete from the Town street surface to the front building face. All walks shall be of portland cement concrete. All such landscaping, drives, and walks shall be completed within one year of the time construction of the principal building has been completed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2)
Side yard setback. No part or portion of any building shall be erected, constructed, or extended nearer than 25 feet to any interior lot line of any parcel within the Business Center. The use and treatment of all side yard areas shall be in accordance with the provisions of § 335-41H(1), above. Parking, material storage, loading docks, and vehicular circulation shall be prohibited within this twenty-five-foot setback.
(3)
Rear yard setback. No part or portion of any building shall be erected, constructed, or extended nearer than 25 feet to any rear lot line. Those lots abutting a residential zoning district shall have a fifty-foot rear yard setback.
I.
Construction materials.
(1)
All buildings or structures shall be designed using not more than three exterior wall facing materials (not including glass and trim) for all elevations. Exterior gutter and downspout roof drainage systems will be permitted only on sides and backs of buildings.
(2)
Facade treatments must be compatible with park center standards and aesthetically appropriate. All designs must be submitted to the Town for review and approval by the Plan Commission in conformance with B-4 zoning designation for the park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
J.
Easements required. Easements for utilities shall be provided as follows:
(1)
Front yard. A fifteen-foot easement adjacent to the roadway shall be provided in the front yard setback.
(2)
Rear and side yard. A fifteen-foot setback shall be provided on the rear lot line and/or eight feet along the side yard as directed by the Town.
K.
Highway access. No direct access to state trunk or county highways shall be allowed. All ingress and egress shall be made to interior park roads.
L.
Sewer required. All structures must be served by municipal sewer.
M.
Exterior lighting standards. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
[Added 3-21-2023 by Ord. No. 032123-3]
N.
The Town Board, upon review and recommendation from the Plan Commission, may approve the construction of buidlings and structures that exceed the limitations provided above by condition use permit, pursuant to the procedure and standards set forth in Article VI of this chapter.
[Added by Ord. No. 081523-1]
§ 335-42 I-1 Light Industrial District.
No building or use shall hereafter be established or enlarged within the I-1 Light Industrial District unless it conforms to the following regulations:
A.
Permitted uses.
[Amended 6-16-2009]
(1)
Business and professional offices of not more than 3,000 square feet.
(2)
Parking lots.
(3)
Agriculture and agricultural storage, except that no structures may be built without first obtaining a conditional use permit pursuant to Article VI, Conditional Uses.
(4)
Passive, outdoor recreational land uses such as arboretums, natural areas, wildlife areas, hiking trails, bicycle trails, cross country ski trails, horse trails, picnic areas, gardens, fishing and hunting areas, and similar land uses.
(5)
Residences which existed as of October 1, 2010.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
(2)
Minimum lot width: 100 feet.
D.
Building bulk limitations.
(1)
A front yard not less than 50 feet.
(2)
A side yard on each side of the lot not less than 25 feet; if abutting a residential district, 30 feet where the industrial and residential zones abut.
(3)
A rear yard no less than 25 feet.
(4)
Maximum building height: 60 feet.
(5)
Other structures: antennas, smokestacks, water towers, and other similar equipment and structures shall not exceed the height of 75 feet unless the conditional use permit is secured.
E.
Exterior lighting standards. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
[Added 3-21-2023 by Ord. No. 032123-3]
§ 335-43 I-2 Heavy Industrial District.
No building or use shall hereafter be established or enlarged within the I-2 Heavy Industrial District unless it conforms to the following regulations:
A.
Permitted uses.
[Amended 6-16-2009]
(1)
Business and professional offices of not more than 2,000 square feet.
(2)
Parking lots.
(3)
Agriculture and agricultural storage, except that no structures may be built without first obtaining a conditional use permit pursuant to Article VI, Conditional Uses.
(4)
Passive, outdoor recreational land uses such as arboretums, natural areas, wildlife areas, hiking trails, bicycle trails, cross country ski trails, horse trails, picnic areas, gardens, fishing and hunting areas, and similar land uses.
B.
Conditional uses. See Article VI, Conditional Uses, for specific conditional uses and conditions.
C.
Lot size requirements.
(1)
Minimum lot area: 20,000 square feet, except where the Department of Safety and Professional Services regulations require more.
D.
Building bulk limitations.
(1)
A front yard not less than 25 feet, or if abutting a residential district, 50 feet.
(2)
A side yard on each side of the lot not less than 15 feet; if abutting a residential district, 50 feet where the industrial and residential zones abut.
(3)
A rear yard not less than 10 feet; if abutting a residential district, 30 feet where the industrial and residential zones abut.
(4)
Maximum building height: 60 feet.
(5)
Other structures: antennas, smokestacks, water towers, and other similar equipment and structures shall not exceed the height of 75 feet unless the conditional use permit is secured.
E.
Exterior lighting standards. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district or upon any public street or park.
[Added 3-21-2023 by Ord. No. 032123-3]
§ 335-44 M-1 Mineral Extraction District.
[Amended 6-16-2009]
A.
Permitted uses.
(1)
Parking lots.
(2)
Agriculture and agricultural storage, except that no structures may be built without first obtaining a conditional use permit pursuant to Article VI, Conditional Uses.
(3)
Passive, outdoor recreational land uses such as arboretums, natural areas, wildlife areas, hiking trails, bicycle trails, cross country ski trails, horse trails, picnic areas, gardens, fishing and hunting areas, and similar land uses.
(4)
Residences which existed as of October 1, 2010.
B.
Conditional uses. Mineral extraction, pursuant to Article VI, Conditional Uses, and below.
C.
Regulations. All uses listed are subject to the following regulations and such other requirements as the Town Board, and Town Plan Commission, may deem appropriate to protect the health, safety, and general welfare:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1)
Plat of Survey showing topographic data (minimum contour interval of five feet, existing natural resource base data, and the location of existing and proposed excavations.
(2)
Operations plan, including a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of water to be used; a description of proposed noise and dust control procedures; and proposed hours of operation.
(3)
Restoration plan, including at least proposed contours (minimum contour interval of five feet), type of fill, depth of restored topsoil, planting or reforestation, and timing and completion data.
(4)
Sureties to enable the Town to carry out the restoration plan in the event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by or for the Town and the amount, form, and type of sureties shall be approved by the Town Board.
(5)
All excavations shall be at least 200 feet from the right-of-way of any public or private street or property line. All accessories such as offices, parking areas, and stockpiles, shall be at least 100 feet from any right-of-way or property line.
§ 335-45 Wellhead protection.
[Added 6-16-2010 by Ord. No. 06152010]
A.
Purpose and authority.
(1)
The residents of the Town of Sheboygan depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Town's municipal water supply and well fields, and to promote the public health, safety, and general welfare of the residents of the Town.
(2)
Statutory authority of the Town to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety, and welfare.
B.
Application of regulations.
(1)
The regulations specified in this section shall apply to all lands that lie within Overlay District Zone A and Overlay District Zone B, as defined below, and are within the Town corporate limits.
(2)
No new use or change in use of any structure, land, or water shall be located, extended, converted, or structurally altered and no development shall commence without full compliance with the terms of this chapter and other applicable regulations.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIVE-YEAR TIME OF TRAVEL (TOT)
The five-year TOT is the recharge area upgradient from a well, with the outer boundary determined by an estimation of where groundwater and potential contaminants will take five years to reach that pumping well. The five-year TOT for the three Town of Sheboygan wells are established based on flow path modeling and depicted in the attached Figures A, B, and C.[1]
STAGNATION POINT RADIUS
The radius equal to the distance from the well to the downgradient stagnation point. The stagnation point is the extent of the well capture zone in the down gradient flow direction.
WELLHEAD PROTECTION AREA
The wellhead protection area shall constitute the lands immediately surrounding Well No. 1, Well No. 2 and Well No. 3 in the Town of Sheboygan, including all lands in Overlay District Zone A and Overlay District Zone B, as collectively shown on the Figures A, B, and C attached hereto and made a part of this chapter, and more fully described below.[2]
[1]
Editor's Note: Original definition of "nonconforming use," of the 1983 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III), see now § 335-6.
[2]
Editor's Note: Figures A, B and C are included as an attachment to this chapter.
D.
Groundwater protection Overlay District Zone A.
(1)
Intent. The primary portion of the well recharge areas to be protected is the land within the points designated below. These lands are subject to the most stringent land use and development restrictions because of their close proximity to the well field and the corresponding threat of contamination.
(2)
Overlay district Zone A boundaries. Overlay District Zone A shall include all land within the following distances from each of the specified wells:
(a)
Well No. 1: The Stagnation Point Radius, or a radius of 1,450 feet from the well;
(b)
Well No. 2: A radius of 1,000 feet from the well;
(c)
Well No. 3: A radius of 1,960 feet from the well;
(3)
Permitted uses for Overlay District Zone A. The following uses are permitted uses within Overlay District Zone A. Uses not listed in this subsection are to be considered prohibited uses.
(a)
Parks and playgrounds, provided there are no on-site waste disposal or fuel storage tank facilities;
(b)
Wildlife areas;
(c)
Nonmotorized trails, such as biking, skiing, nature and fitness trails;
(d)
Sewered residential developments.
(4)
Prohibited uses for Overlay District Zone A. The following uses are prohibited uses within Overlay District Zone A. These uses are prohibited based on the high probability that activities routinely associated with these uses will cause groundwater contamination. Uses not listed are not automatically considered permitted uses.
(a)
Septage and/or sludge spreading;
(b)
Gasoline stations;
(c)
Landfills or waste disposal facilities;
(d)
Spray wastewater facilities;
(e)
Bulk fertilizer and/or pesticide facilities;
(f)
Asphalt products manufacturing;
(g)
Salt storage;
(h)
Electroplating facilities;
(i)
Paint and coating manufacturing;
(j)
Hazardous and/or toxic materials storage;
(k)
Hazardous and/or toxic waste facilities;
(l)
Radioactive waste facilities;
(m)
Underground storage tanks of any size;
(n)
Animal waste land spreading;
(o)
Animal waste facilities;
(p)
Vehicle repair establishments, including auto body repair;
(q)
Printing and duplicating businesses;
(r)
Any manufacturing or industrial businesses;
(s)
Bus or truck terminals;
(t)
Wastewater treatment facilities;
(u)
Junkyards or auto salvage yards;
(v)
Dry cleaning businesses;
(w)
Exterminating businesses;
(x)
Recycling facilities;
(y)
Other similar uses that pose a threat to groundwater quality.
E.
Groundwater protection Overlay District Zone B (five-year TOT).
(1)
Intent. A secondary portion of the Town of Sheboygan well recharge areas to be protected is the Zone of Contribution which includes the five-year TOT. Land use restrictions are less restrictive than in District Zone A because of longer groundwater flow times and a greater potential for remediation, dilution, and attenuation.
(2)
Overlay District Zone B Boundaries. Overlay District Zone B includes the land which lies within the shaded areas depicted on the attached Figures A, B, and C and includes land area defined by the five-year TOT and other portions of the Zone of Contribution to the wells.
(3)
Permitted uses. The following uses are permitted uses within Overlay District Zone B:
(a)
All uses listed as permitted uses in Overlay District Zone A;
(b)
Commercial and/or industrial uses served by municipal sanitary sewer, except those listed as prohibited uses in § 335-45E(4); and
(c)
Unsewered residential uses.
(4)
Prohibited uses. The following uses are prohibited uses within Overlay District Zone B. These uses are prohibited based on the high probability that activities routinely associated with these uses will cause groundwater contamination. Uses not listed are not automatically considered permitted uses.
(a)
Septage and/or sludge spreading;
(b)
Gasoline stations;
(c)
Landfills;
(d)
Spray wastewater facilities;
(e)
Bulk fertilizer and/or pesticide facilities;
(f)
Asphalt products manufacturing;
(g)
Electroplating facilities;
(h)
Paint and coating manufacturing;
(i)
Hazardous and/or toxic materials storage;
(j)
Hazardous and/or toxic waste facilities;
(k)
Radioactive waste facilities;
(l)
Underground storage tanks of any size;
(m)
Animal waste facilities;
(n)
Animal confinement facilities, except veterinary clinics;
(o)
Vehicle repair establishments, including auto body repair;
(p)
Printing and duplicating businesses which use hazardous chemicals (as defined by the EPA) in their printing process;
(q)
Bus or truck terminals;
(r)
Wastewater treatment facilities;
(s)
Auto salvage yards;
(t)
Dry cleaning businesses;
(u)
Exterminating businesses.
F.
Minimum separation distances from all wells. Well No. 1, Well No. 2, and Well No. 3 shall be adequately separated from potential sources of contamination. To the extent that the following uses have not already been addressed in this chapter in § 335-45D or E, the minimum separation distances shall be as follows.
(1)
Fifty feet between a well and a storm sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, lift station, or single family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials with joints pressured tested in place to meet current regulatory specifications. In no case may the separation distance between a well and a sanitary sewer main be less than 50 feet.
(3)
Four hundred feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
(4)
Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Safety and Professional Services.
(5)
One thousand feet between a well and land application of municipal, commercial, or industrial waste; industrial, commercial, or municipal wastewater lagoons or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.
(6)
One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, one time disposal, or small demolition facility; sanitary landfill; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Safety and Professional Services; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
G.
Other uses.
(1)
Individuals and/or entities may request the Town to permit land uses in the district not specifically covered in this chapter.
(2)
All requests shall be in writing to the Town and shall include an environmental assessment report.
(3)
A copy of the environmental assessment report shall be forwarded to the Town DPW as designee for recommendation to the Town Plan Commission.
(4)
Any uses permitted under this section shall be conditional and may include required environmental and safety monitoring consistent with local, state, and federal requirements, and/or bonds and/or sureties satisfactory to the Town.
H.
Nonconforming uses. Insofar as the standards in this section are not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., they shall apply to all nonconforming uses. The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
(1)
No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding, or replacement of any such existing structure or accessory use. Ordinary maintenance and repairs are not considered structural repairs, modification, or additions. Ordinary maintenance and repairs include internal and external painting, decoration, paneling, and the replacement of doors, windows, and other nonstructural components.
(2)
If a nonconforming use is discontinued for three consecutive months, any future use of the structure, land, or water shall conform with the appropriate provisions of this chapter.
I.
Enforcement and penalties.
(1)
Violations. It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this section. In case of any violation, the Town Board and/or Town of Sheboygan Sanitary District No. 3 (Water) Commissioners may institute appropriate action or proceedings to enjoin a violation of this section.
(2)
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the penalty set forth in § 335-16 of this chapter. Forfeiture and costs may also be levied against said lands pursuant to §§ 66.0703 and/or 66.0627, Wis. Stats., as same may be amended, as a lien against the subject property. Each day a violation exists or continues shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 335-46 Adult-oriented land uses.
A.
Purpose.
(1)
The purpose of this section is to control through zoning regulations certain adult-oriented land uses that have a direct and detrimental effect on the character of the Town's agricultural and residential neighborhoods, as well as business and commercial areas.
(2)
It shall not impose a limitation on the content of any communication materials, including sexually orientated materials as protected by the United States and Wisconsin Constitutions.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT-ORIENTED ENTERTAINMENT LAND USES
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sports club, adult steam room/bathhouse facility, any bar, dance hall, restaurant or other place of business, which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers or waiters or waitresses who engage in sexual conduct, or the simulation of such conduct, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or other sexual practices.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.
SEXUAL CONDUCT
The commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
C.
General requirements.
(1)
Zoning district. Adult-oriented entertainment land uses are not permitted uses in any zoning district, but may be operated or maintained only within the I-1 Light Industrial District with a conditional use permit, provided that it is located on a minor or major arterial road and subject to the distance limitations noted below. The procedures and public hearing requirements of Article VI, Conditional Uses, shall apply.
(2)
Distance limitations. No adult-oriented entertainment land use, as defined in this section, shall:
(a)
Be operated or maintained within 1,000 feet of the boundary of any agriculturally zoned, residentially zoned, or business zoned district;
(b)
Be operated or maintained within 1,000 feet of a church, public park, licensed day care facility, public library, public or private educational facility, which serve persons age 17 or younger, elementary school, high school, place of worship, or elderly housing facility;
(c)
Be operated or maintained so that there are no more than two such businesses within 2,500 feet, as measured by the radius from each business;
(d)
Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises to the lot lines of properties in agriculturally, residentially and business zoned districts, or other facilities described herein.
(3)
Same use restrictions. No adult-oriented business shall be located in the same building or upon the same premises as any other such use.
(4)
Sign limitations. Notwithstanding any other provision of this Code, an adult-oriented entertainment business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:
(a)
Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk or public street in front of or adjacent to the building;
(b)
No sign shall be placed in any window, except a one square foot sign may be placed on the door to state hours of operation and admittance to adults only;
(c)
No sign shall contain any flashing lights, moving elements, or mechanically changing messages;
(d)
No sign shall contain any depiction of the human form or any part thereof, nor shall it contain sexually explicit language such as "nude dancing" or "girls, girls, girls," etc.;
(e)
No adult-oriented entertainment business may have any off-premises sign.
(5)
Operating standards. All adult-oriented entertainment businesses shall operate in accordance with the following:
(a)
No employee shall solicit business outside the building in which the business is located;
(b)
No male or female person, whenever on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(c)
No person on the premises shall engage in sexual conduct, or in any way fondle his or her genitals;
(d)
No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises during any performance. All performances shall only occur on a stage, or on a table that is in a designated area within full and unrestricted view of the bar area, either of which is elevated at least 18 inches above the immediate floor level and removed a distance sufficient to prevent actual physical contact between the entertainer and another entertainer or any other person, employee or patron;
(e)
No person under the age of 18 years of age may be admitted to, may enter or remain on, may purchase goods or services at, or may work or be permitted to work as an employee in any capacity at an establishment subject to the provisions of this section;
(f)
No person shall cause another to commit a violation of this section, nor shall any person permit such violation to occur on any premises under his/her control, tenancy, management or ownership.
(6)
Building exterior appearance. The building exterior of any premises containing an adult-oriented entertainment business shall meet the following criteria:
(a)
Colors to be earth or neutral tones with primary accent colors to be within the same color family;
(b)
Stripes and geometric patterns are prohibited;
(c)
The exterior shall be adequately maintained in good condition.
D.
Applicability; nonconforming use regulation. The provisions of this section of this chapter shall apply to all existing and future adult-oriented entertainment land uses. Any such existing land use or business that does not meet the zoning district restrictions or the distance limitations may continue its existence as a nonconforming use, except that such privilege of nonconforming use shall cease upon the discontinuance of the activities within such establishment for seven consecutive calendar days, including any days when the establishment is normally closed for business.
§ 335-47 Senior Housing District.
No building or use shall hereafter be established or enlarged within the R-6 Senior Housing District unless it conforms with the following intent and regulations:
A.
Intent. The R-6 Senior Housing District is intended to provide multiple-family housing designed specifically for senior and elderly residents located in areas that are convenient for the residents of such districts. All housing in this district shall be deed restricted for and occupied by senior or elderly residents, as hereinafter defined and as allowed under State and Federal Fair Housing regulations. All new housing permitted in this district shall be served by public sanitary sewer service.
B.
Definition. As used in this section, senior or elderly housing means dwellings intended and operated for occupancy by persons 55 years of age or older, and at least 80% of the occupied dwelling units are occupied by at least one person who is 55 years of age or older.
C.
Permitted uses.
(1)
Multiple-family dwellings with a maximum of 42 dwelling units per structure.
(2)
Community-based residential facilities which have a capacity for 15 or fewer persons and as defined by § 50.01(1g), Wis. Stats.
D.
Accessory uses. As may be permitted in § 335-99 and recreational facilities, personal grooming services, pharmacies, and banking facilities specifically intended to serve Senior Housing District residents and located within permitted principal buildings or upon district sites.
E.
Conditional uses. As may be permitted in § 335-61.
(1)
Community-based residential facilities which have a capacity for 16 or more persons and as defined by § 50.01(1g), Wis. Stats.
(2)
Nursing homes as defined by § 50.01(3), Wis. Stats.
(3)
Multiple-family dwelling developments containing two or more principal buildings per lot.
F.
Minimum lot area per dwelling unit.
(1)
One-bedroom unit: 2,500 square feet.
(2)
Two-bedroom unit: 2,750 square feet.
(a)
Additional 250 square feet for each additional bedroom above two.
G.
Minimum lot area. None. As required to accommodate the principal building, off-street parking, and accessory uses.
H.
Minimum lot width: 100 feet.
I.
Minimum front yard setback: 30 feet.
J.
Minimum interior side yard: 15 feet for each side yard.
K.
Minimum corner side yard: 30 feet.
L.
Minimum rear yard: 30 feet.
M.
Maximum building height.
(1)
Principal building: 45 feet maximum for gable, gambrel, hip and pitch roofs.
(2)
Accessory buildings: 20 feet maximum for gable, gambrel, hip and pitch roofs.
N.
Maximum number of units per building: 42 units.
O.
Minimum dwelling unit floor area.
(1)
One-bedroom unit: 550 square feet.
(2)
Two-bedroom unit: 850 square feet plus.
(a)
Additional 200 square feet for each additional bedroom.
§ 335-48 Commercial Corridor Overly (CCO) District.
[Added 3-18-2008]
A.
Purpose. The Commercial Corridor Overly (CCO) District is intended to foster compatible, aesthetically pleasing, and mutually beneficial development of commercial structures and properties within and along certain commercial areas within the Town, by requiring review and approval of architectural exterior lighting and landscaping plans for any new or modified structures or uses in the district.
B.
Area. The CCO District shall consist of the area(s) indicated on the Official Zoning Map of the Town of Sheboygan. (The "Initial CCO Commercial Corridor Overlay District Map," dated February 1, 2008, which shall be used to update the Town's Official Zoning Map, is located at the Town office.)
C.
Applicable standards. The standards in § 335-14 shall apply to any new, enlarged, altered, or modified structure, use, or development in the CCO District, to supplement and not replace the existing, underlying zoning regulations applicable to that area. However, should conflict or inconsistencies occur, the more restrictive regulation shall control.
§ 335-49 PUD - Planned Unit Development District.
[Added 9-21-2021 by Ord. No. 09212021-1]
A.
The planned unit development (PUD) district is established to provide for greater flexibility in design and to promote improved environmental design and innovative uses of land in the Town. The PUD concept allows diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive cohesive unified projects. It is further intended to encourage more rational and economic development with regard to public services, energy efficiency, and community appearance consistent with the overall intent of this section and the master plan of the Town.
B.
Minimum requirements for PUD district designation. All projects considered for rezoning to the PUD district shall meet the following minimum requirements:
(1)
The project shall involve more than one structure and/or a mix of land uses.
(2)
The project area shall be at least five acres and have rational boundaries that are related to natural features, roadways, or other existing development.
C.
Permitted uses. Any land use or mix of land uses, whether allowed as permitted or conditional uses elsewhere in this chapter or not, may be permitted in the PUD district.
D.
Lot, building, yard, parking and street requirements.
(1)
In the PUD district, all density, open space, impervious surface, lot width, yard, height, and parking requirements may be varied, provided that the general intent of this section is upheld.
(2)
Public street right-of-way shall be determined by the Town Board but shall not be less than 49.5 feet wide. Private streets may be less than 49.5 feet wide if approved by the Town Board.
(3)
Such requirements as are made a part of an approved planned unit development plan or conditional use permit shall be construed to be and enforced as a part of this section.
(4)
In a planned unit development, lots may front on public or private streets. Each lot in the development, however, must have access to a public street, and in areas of sewer and water service, must have access to sewer and water by a public street or by easement.
E.
PUD procedures.
(1)
Step 1: general development plan approval. The procedure for rezoning to the planned unit development district shall be the same as for any other zoning district change (as set forth in Article XII, Changes and Amendments, except that, in addition, a general development plan shall be submitted to the Plan Commission. The general development plan of the proposed project shall be presented at a scale of one inch equals 100 feet or less, and shall show at least the following information:
(a)
The pattern of public and private roads, driveways, and parking facilities;
(b)
A description of land uses and building types, size arrangements;
(c)
A utility feasibility analysis;
(d)
The location of recreational and open space areas reserved or dedicated to the public;
(e)
General landscape treatment;
(f)
The plan for phasing the development;
(g)
Any other data required by the Town Plan Commission or board.
(2)
Upon final approval and adoption of the zoning change to the planned unit development district, all plans submitted as well as other commitments, restrictions, and other factors pertinent to assuring that the project will be carried out as presented shall be filed with the Town Clerk and shall be referred to in regard to enforcement or modification of the development plans.
F.
Criteria for approval.
(1)
As a basis for determining the acceptability of application for rezoning to the planned unit development district, the following criteria shall be applied to the proposed general development plan:
(a)
The proposed development shall be an asset to the community aesthetically. The buildings and uses shall blend in with or complement the surrounding neighborhood.
(b)
The proposed development shall not create a traffic or parking demand incompatible with existing or proposed facilities. The width and location of streets, other paving and lighting should be appropriate to the uses proposed. In no case shall standards be less than those necessary to insure public safety as determined by the Town.
(c)
The proposed development shall not place avoidable stress on the Town's water supply, sanitary sewer, and stormwater drainage systems.
(d)
The proposed development shall make adequate provisions for the permanent preservation and maintenance of open space.
(2)
Step 2: conditional use permit plan approval. A conditional use permit approval shall be required for each phase of the development that coincide with the timing of actual development. Conditional use permit approval shall be granted in compliance with the requirements of Article VI, Conditional Uses.
(3)
Upon final approval of the conditional use permit, the conditional use permit (or meeting minutes) shall be filed with the Town Clerk and shall be referred to in regard to enforcement or modification of the development plans. All covenants, restrictions, or contractual agreements with the Town or notice of such items shall be recorded with the register of deeds before final issuance of building permits.
G.
Modifications.
(1)
Subsequent major changes to an approved conditional use may be approved in accordance with the conditional use procedure set forth above.
(2)
Subsequent changes to an approved conditional use, deemed to be minor by the Town Board, may be approved by the Town Chairperson upon consultation with the Town Director of Public Works/Engineer without referral to the Plan Commission and without public hearing.