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Sparta Town City Zoning Code

ARTICLE II

PLANNED UNIT DEVELOPMENTS

Sec. 47-36.- Regulations.

Planned unit developments are allowed in any district that allows residential housing as a principal use. Planned unit developments shall be subject to the following regulations. Any regulations not specifically mentioned in this section shall be the same as nonplanned unit developments.

(1)

Generally. Under such a plan, dwelling units may be grouped on lots below the minimum size specified in chapters 47, 50 and 53 or by municipal governing body resolution and the remaining land in the plat shall be reserved for common open space or recreational uses.

(2)

Density. The maximum number of lots or dwellings permitted in the development shall be determined by dividing the total area of the subdivision by the minimum lot sizes required by chapters 47, 50 and 53 or by a municipal governing body resolution, whichever is greater.

(3)

Residential lot requirements.

a.

Minimum lot size.

1.

Septic, on-site: one acre.

2.

Septic, off-lot: one-half acre.

b.

Principal building setbacks.

1.

Front lot line: 30 feet.

2.

Side lot line: ten feet.

3.

Rear lot line: 20 feet.

c.

Accessory building setbacks.

1.

Side lot line: 15 feet.

2.

Rear lot line: ten feet.

d.

The maximum building height shall be three stories or 35 feet.

e.

Development envelopes should not be located on ridges, hilltops, along peripheral public roads or in other visually prominent areas.

f.

A 30-foot native vegetation buffer shall be maintained around open water areas or along streams, unless a specific common beach or grassed area is identified.

(4)

Residential cluster siting standards.

a.

Prevent downstream impacts due to runoff through adequate on-site stormwater management practices.

b.

Protect scenic views of open land from adjacent roads. Visual impact should be minimized through use of landscaping or other features.

(5)

Open space design.

a.

Open space shall be designated as part of the development. The minimum required open space is 60 percent of the gross acreage.

b.

No more than 50 percent of the required open space may consist of navigable water bodies, floodplains, or wetlands.

c.

No more than 50 percent of the required open space may consist of steep slopes or ridges unsuitable for building.

d.

That portion of open space designed to provide plant and animal habitat shall be kept as intact as possible. Trails shall be designed to avoid fragmenting these areas.

(6)

Ownership and maintenance of open space and common facilities.

a.

Alternatives. The designated common open space and common facilities may be owned and managed by one or a combination of the following:

1.

A homeowners' association.

2.

A condominium association established in accordance with the Condominium Ownership Act, Wis. Stats. ch. 703.

3.

A nonprofit conservation organization.

4.

A governmental body empowered to hold an interest in real property.

5.

An individual who will use the land for open space purposes as provided by a conservation easement.

b.

Homeowners' association. A homeowners' association shall be established if the common open space is proposed to be owned by a homeowners' association. Membership in the association is mandatory for all purchasers of homes or parcels in the development and their successors.

c.

Condominium association. If the common open space and facilities is to be held under the Condominium Ownership Act, Wis. Stats. ch. 703, the condominium instruments shall identify the restrictions placed upon the use and enjoyment of the common open space. All common open space shall be held as a common element as defined in Wis. Stats. § 703.01(2).

d.

A nonprofit conservation organization. The conveyance to the nonprofit conservation organization must contain appropriate provision for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance.

e.

Public dedication of open space and streets. The county or town may accept the common open space provided that:

1.

The common open space is accessible to the residents of the county or municipality;

2.

The county or municipality agrees to and has access to maintain the common open space.

f.

Individual ownership. An individual may hold fee title to the land while a nonprofit conservation organization or other qualified organization holds a conservation easement prescribing the acceptable uses for the common open space.

(Code 1986, § 17.18; Ord. No. 11-01-1)