Wales Village City Zoning Code
ARTICLE II
General Provisions
§ 435-7 Jurisdiction.
The jurisdiction of this chapter shall apply to all structures, lands, water, and air within the corporate limits of the Village of Wales.
§ 435-8 Compliance.
No structure, land, water, or air shall hereafter be used or developed and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit, unless specifically exempted by § 435-108, and without full compliance with the provisions of this chapter and all other applicable local, county, state, and federal regulations.
§ 435-9 Municipalities and state agencies regulated.
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when § 30.2022, Wis. Stats., applies.
§ 435-10 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Principal uses and their essential services specified for a district are permitted.
B.
Accessory uses and structures are permitted as specified in the district regulations but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry, except home occupations and professional home offices as defined in this chapter.
C.
Conditional uses and their accessory uses and changes to or substitutions of existing conditional uses are considered special uses requiring review, public hearing, and approval by the Village Board, after a recommendation by the Plan Commission, in accordance with § 435-110. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use subject to annual review by the Village Board. Changes to or substitution of conditional uses shall also be subject to review and approval by the Village Board in accordance with § 435-110.
D.
Permitted principal uses not specified in this chapter and which are found to be similar in character to principal and accessory uses permitted in the district may be allowed by the Village Board, after the Plan Commission has made a review and recommendation.
E.
Conditional uses not specified in this chapter and which are found by the Plan Commission to be similar in character to conditional uses allowed in the district may be permitted after review, public hearing, and approval in accordance with § 435-110 of this chapter.
F.
Temporary uses may be allowed provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. A plan of operation for such uses shall be submitted for review and approval by the Village Board, after a recommendation by the Plan Commission. Conditions may be required by the Village Board and Plan Commission pertaining to, but not limited to, parking, lighting, sanitary facilities, duration, and hours of operation. No temporary use shall be conducted within a street right-of-way. Compliance with all other provisions of this chapter shall be required.
§ 435-11 Historic preservation.
The purpose and intent of this section are to perpetuate structures and sites of special character, architectural or historic interest, or value. The intent is to safeguard the Village's historic and cultural heritage, as embodied and reflected in such historic structures and sites, and to foster civic pride in notable accomplishments of the past. A designated historic site is defined as any parcel of land which has historic significance due to a substantial value in tracing human history, upon which a historic event has occurred, or upon which is situated a designated historic structure. A designated historic structure is any building, structure, work of art, or other object constituting a physical betterment of real property which has a special character, historic interest, or historic value as part of the development, heritage, or cultural characteristics of the Village.
A.
Historic Preservation Commission membership. The duties of the Historic Preservation Commission shall be fulfilled by the Plan Commission.
B.
Powers and duties.
(1)
Designation. The Village Board, after a recommendation by the Historic Preservation Commission, shall have the power to designate historic structures and historic sites within the Village limits.
(2)
Regulation of construction, reconstruction, alteration, and demolition; certificate of appropriateness.
(a)
No owner or person in charge of a designated historic structure or historic site shall reconstruct, alter, or demolish all or any part of the property or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Village Board, after a recommendation by the Historic Preservation Commission.
(b)
Upon filing of any application for a certificate of appropriateness with the Historic Preservation Commission, the application shall be subject to the following:
[1]
In the case of a designated historic structure or historic site, the proposed work will not be allowed if it would detrimentally change, destroy, or adversely affect any exterior architectural feature of the improvement or the site upon which said work is to be done.
[2]
Any proposed demolition on the site will not be allowed if it would destroy the historical significance and be detrimental to the public interest and contrary to the general welfare of the Village residents.
[3]
Federal, state, county and local government agencies and public utility companies undertaking projects affecting any designated historic structure or site shall be required to obtain a certificate of appropriateness prior to initiating any changes on the property.
[4]
Any proposed historic preservation treatments on designated historic properties shall be consistent with the following historic preservation standards:
[a]
The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic materials or distinctive architectural features should be avoided whenever possible.
[b]
All buildings, structures, and sites shall be recognized as products of their own time. This should be considered before alterations are undertaken which have no historical basis and which seek to create an antique appearance.
[c]
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. If these changes have acquired significance in their own right, their significance should be recognized and respected.
[d]
Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material shall match that being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
[e]
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be used.
[f]
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.
[g]
Contemporary design for alterations and additions will not be discouraged when such changes do not destroy significant historical features and are compatible with the scale, mass, and architectural features of the historic property and its environment.
[h]
New additions shall be designed so that, if removed, the integrity of the structure is not impaired.
(c)
Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a designated historic structure or site. Replacement of elements of a structure with pieces similar in appearance will be acceptable, provided that the work does not change the exterior appearance of the structure or site.
C.
Procedures. After notice, public hearing, and a recommendation by the Historic Preservation Commission, the Village Board may designate historic structures and historic sites or rescind such designation or recommendation. At least 10 days prior to such hearing, the Village Board shall notify the owner of record. The owner shall have the right to confer with the Village prior to final action on the designation. Within 10 days after the close of a public hearing, the Village may designate a property as either a historic structure or historic site. After the designation, notification shall be sent to the property owner.
§ 435-12 Site restrictions.
No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of Village residents. The Village Building Inspector, in applying the provision of this section, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he or she so desires. Thereafter, the Village Board, after a recommendation by the Plan Commission, may affirm, modify, or withdraw the determination of unsuitability. Specific site restrictions include, but are not limited to, the following:
A.
Private sewer and water. In any district where public sewerage or water service is not available, the width and area of all lots shall be sufficient to permit the use of a private on-site wastewater treatment system (POWTS) designed in accordance with Chs. SPS 383 and 385, Wis. Adm. Code, and a private water supply system (well) in compliance with Ch. NR 812, Wis. Adm. Code.
B.
Outhouses prohibited. No outhouse or privy shall be erected.
C.
All lots shall abut upon a public street for a frontage of at least 66 feet at the right-of-way, and those fronting on the radius of a cul-de-sac turnaround shall have a frontage of at least 40 feet.
D.
Corner lots shall have two street yards.
E.
All principal structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard, landscaping, or parking requirements or require a minimum separation distance between principal structures.
F.
Accessory building location. No accessory building shall be erected, structurally altered, or placed on a lot so that any roofed or enclosed portion thereof is closer than 10 feet to the principal building on such lot, unless § 435-37C applies.
G.
No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on the side on which the required dedication has not been secured.
H.
Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards in the less restrictive district shall be modified for a distance of not more than 40 feet from the district boundary line so as to equal the average of the street yards required in both districts.
I.
Preservation of topography. To preserve the natural topography as much as possible, to protect against dangers and damage caused by human-made changes to the existing topography, and to avoid unsightly and hazardous exposed earth sections, no lot or portions of lots nor any parcels of land shall be excavated or filled unless the following conditions are met:
(1)
If the difference in proposed grades between two contiguous lots within the required building offset areas along a lot line is to be not greater at any point than two feet, this difference in levels may be sloped toward or away from the lot line at a gradient of three feet horizontal to one foot vertical (3:1) and as soon as practical must be covered adequately with topsoil and sodded or seeded with mulch to prevent erosion, or a retaining wall of stone or other suitable masonry material shall be constructed to retain the higher ground. Within a single lot, any excavation or fill not exceeding two feet, and not involving an area in excess of 4,000 square feet, shall be subject to the aforesaid requirements.
(2)
If a difference in proposed grades between two adjacent lots within the required building offset areas along a lot line is to be greater at any point than two feet, the following procedure shall be followed:
(a)
No slope to be covered with sod, grass seed, or other natural plant material may exceed a gradient of three feet horizontal to one foot vertical (3:1).
(b)
A slope protected by riprap construction may not exceed a gradient of one foot horizontal to one foot vertical (1:1).
(c)
A difference in grades may be protected by a retaining wall, provided that the wall is engineered in such a manner as not to collapse. No retaining wall shall exceed four feet in height. A retaining wall may be stepped to achieve greater height. Each step of the wall shall be no more than four feet in height and shall be set back a minimum of two feet from the previous step.
(d)
Approval of any of the aforesaid methods shall be obtained in the following manner:
[1]
The applicant shall furnish a topographic plan with a maximum contour interval of one foot prepared by a registered professional engineer, architect, land surveyor, or landscape architect showing existing elevations on the subject lot and on adjacent lands within 25 feet of the area to be filled or excavated. The plan shall also show existing and proposed drainage patterns and existing soil types on the subject lot and on adjacent land within 25 feet of the area to be filled or excavated.
[2]
The applicant shall furnish a plan showing a typical cross section of the proposed slope, riprap, or retaining wall; a planting or sodding schedule, and the proposed means of preventing erosion during construction. If a retaining wall is to be constructed, a registered professional engineer shall certify that the wall will not collapse.
[3]
The Building Inspector shall transmit the applicant's plans to the Village Engineer for review and comment, and the permit shall be issued only after receipt of the Village Engineer's written report and approval.
[4]
The applicant shall complete the proposed work in strict accordance with the approved plan and the time schedule specified in the permit.
(3)
In every instance, no person, occupant, owner of land, or corporation shall remove or cause to be accumulated topsoil or excavated materials in any manufacturing, business, institutional, park, conservancy or residential district without the proper review and approval of an application for such removal or accumulation by the Village Board. Such removal or accumulation includes, but is not limited to, piles of materials which have been formed, accumulated, or pushed into mounds or piles and which obstruct views or pose a threat to the general safety or welfare of the community with the existence of trenches, holes, pits, or mounds caused by such removal or accumulation.
J.
A buffer yard shall be created and maintained around all business and industrial districts which abut a residential, park, or institutional district and any multifamily residential district that abuts a single-family residential, two-family residential, business, or industrial district. Buffer yards shall screen such uses from adjoining lands in such a manner that:
(1)
If a buffer yard is composed mostly of plants, the plants shall be of sufficient depth, height, and varieties as to provide dense visual screening within three years and during all seasons of the year. Existing healthy plants of desirable species may be used to meet the screening requirement.
(2)
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence to create an attractive view from the adjacent property.
(3)
Buffer yards shall be used only for landscaping, required screening, drainage facilities, utilities, fences, walls, and earth berms. Required buffer yards may be located within required setbacks; however, structures, other than those mentioned above, and parking lots are not allowed in a buffer yard.
(4)
Where a buffer yard is located next to a parking lot on the same site, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall not direct any rays onto adjacent properties.
(5)
All landscaping shall be maintained by the owner or operator to the satisfaction of the Plan Commission.
(6)
No signs shall be permitted on or in any part of the buffer yard.
§ 435-13 Shoreland and floodplain regulations.
In addition to any other applicable use, site, or sanitary restrictions and regulations, any use on land annexed after May 7, 1982, which contains floodplain or shoreland areas, as defined in § 435-118 of this chapter, shall comply with the floodplain and shoreland provisions in Chapter 232, Floodplain Zoning, and Chapter 360, Shoreland Zoning. These provisions include, but are not limited to, minimum lot area and width requirements; minimum building setback requirements from shorelines (ordinary high-water mark of navigable waters); limitations on the type of accessory structures allowed within shorelands; limitations on clearing vegetation within 35 feet of shorelines; and restrictions on extensive filling, grading, lagooning, dredging, ditching, and excavating in shorelands.
§ 435-14 Reduction or joint use.
No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use not otherwise permitted by this chapter.
§ 435-15 Regulations for specific uses.
In addition to conditions required by the Village Board on a case-by-case basis, the following are use-specific conditions or requirements for certain uses that may be allowed in basic zoning districts in accordance with Article III and § 435-110:
A.
Automobile service stations. No gasoline pump or other accessory equipment shall be closer than 15 feet to a street right-of-way line or base setback line.
B.
Animal hospitals and veterinary services. No building other than one used only for residence purposes shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.
C.
Bed-and-breakfast establishments.
(1)
The bed-and-breakfast establishment use shall comply with all applicable federal, state, county, and Village laws and regulations, including but not limited to Ch. 254, Wis. Stats., and Ch. DHS 197, Wis. Adm. Code, as amended.
(2)
A current registry of all guests shall be established, and each guest shall be required to sign the registry upon check-in and checkout. The registry shall be maintained and updated daily, and it shall be subject to inspection and audit by Village officials or other law enforcement officials to determine the bed-and-breakfast establishment is in compliance with its conditional use approval.
(3)
The property shall contain not less than one parking space for every guest bedroom plus two parking spaces for the owner. Parking and parking spaces in the front yard shall be prohibited.
(4)
The setback shall conform to the zoning district requirements.
(5)
The maximum length of stay for any guest shall not exceed 14 consecutive days during any sixty-day period.
(6)
Any sales of convenience items for personal use shall be available for and limited only to the guests or renters and shall not be for sale or marketed to the public.
(7)
All outdoor refuse containers shall be subject to appropriate screening as determined by the Village Board.
(9)
A conditional use approval hereunder shall be nontransferable and shall not run with the land. Any transfer of all or a portion of the business or legal or equitable title in and to the real property shall automatically terminate the conditional use approval.
(10)
All conditional use approvals for a bed-and-breakfast establishment shall be issued for not longer than one calendar year from the date of the final approval by the Village Board, and each conditional use approval for a bed-and-breakfast establishment shall be subject to an annual renewal public hearing before the Village Board to determine if the conditional use approval shall be reissued or terminated.
(11)
The buildings and structures shall contain and exhibit unique architectural and historic characteristics that reflect and replicate the historical nature of the Village as an early Welsh settlement.
(12)
The bed-and-breakfast establishment use shall be subject to any other conditions imposed by the Village Board upon review and consideration of each application for a conditional use approval hereunder.
D.
Home occupations and professional home offices.
(1)
The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 25% of the area of one floor.
(2)
No home occupation or professional home office shall be located in or conducted in an accessory structure, except in the upper level of detached garages.
(3)
No more than one full-time person, or any equivalent thereof, may be employed other than members of the family residing on the premises in such home occupation or professional home office.
(4)
Retail sales shall be prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.
(5)
No traffic, parking, noise, odor, smoke, lighting or glare generated by the home occupation or professional home office shall be greater in volume or intensity than would normally be expected in a residential neighborhood.
(6)
No materials which decompose by detonation shall be allowed in conjunction with a home occupation.
(7)
No outdoor storage of equipment or product shall be permitted.
(8)
The home occupation or professional office use shall not require external alteration or involve construction features not customary in a dwelling.
(9)
Home occupations which comply with the conditions set forth above may include, but are not limited to, designing, canning, crafts, desktop publishing and other computer services, dressmaking, insurance agencies, laundering, piano teaching, telephone marketing, word processing, and other similar uses.
(10)
Home occupations shall not include auto body or engine repair, barbering, beauty shops, construction trades, dance studios, pet boarding, and other similar uses, with the exception of office bookkeeping associated with such operations.
E.
Hotels and motels. No building shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.
F.
Sexually oriented establishments.[1] The Village Board finds that sexually oriented establishments require special zoning restrictions in order to protect and preserve the public health, safety, welfare, and morals of the Village. In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this subsection to inhibit freedom of speech or the press but rather to restrict the location of defined material and activities consistent with the Village's interest in the present and future character of its community development. Accordingly, adult sexually oriented establishments are subject to, but not limited to, the following:
(1)
No building for a sexually oriented establishment or use, measured from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the establishment or use, shall be located within 500 feet of the nearest property line of the premises of a hospital, residence, religious institution, school, funeral parlor, crematorium, day-care center, restaurant, library, park, museum, playground, or any other public or private building or premises likely to be utilized by persons under the age of 18 years.
(2)
No building for a sexually oriented establishment or use shall be located within 500 feet of a building for another adult sexually oriented establishment or use. The distance between any two sexually oriented establishments shall be measured from the closest exterior wall of the structure in which each business is located.
(3)
No building for a sexually oriented establishment or use shall be located within 500 feet of the nearest property line of any area zoned residential or agricultural in the Village or a contiguous town or municipality.
(4)
Required separation distances between a sexually oriented establishment and other uses, including another sexually oriented establishment, are to be measured in a straight line, without regard to intervening structures or objects. The presence of another municipality, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.
(5)
Advertisements, displays, pictures, or other promotional materials which are sexual in nature shall not be shown or exhibited on the premises in a manner which makes them visible from pedestrianways or other public areas. All points of access into such establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner that will prevent a view into the interior from any public area.
§ 435-16 Planned unit developments.
A.
Intent.
[Amended 12-6-2010]
(1)
The intent of this regulation is to permit greater flexibility and consequently more creative and imaginative design for the development of residential areas and commercial areas in the B-2 Local Business District than generally is possible under conventional zoning regulations. Planned unit development shall be applicable only to residential developments and development in the B-2 Local Business District.
[Amended 6-2-2014 by Ord. No. 6-2014-2]
(2)
When a housing project or a development in the B-2 General Business District consisting of a group of two or more buildings is to be constructed on a site not subdivided into customary lots and streets or where an existing lot and street layout makes it impractical to apply the requirements of this chapter to the individual building units, the Plan Commission may modify the requirements, provided that a development plan is submitted for approval of the Plan Commission and such development complies with the intent of the regulations for the appropriate residential zoning district or the B-2 General Business District, as applicable.
B.
Application for approval.
[Amended 12-6-2010]
(1)
Filing. An application for a planned unit development may be filed with the Plan Commission by a person having an interest in the property to be included in the planned unit development. The planned unit development application shall be filed in the name of the recorded owner of property included in the development. The applicant shall provide evidence of full ownership interest in the land, legal title, or the execution of a binding sales agreement before final approval of the plan. The Plan Commission shall conduct substantive review of all planned unit development applications with the assistance of skilled consultants when deemed necessary. At the time of formal application for a planned unit development, a filing fee shall be paid to the Village in an amount equal to the fee set forth in the Village of Wales Comprehensive Fee Schedule, as amended, on file in the office of the Village Clerk.
C.
Site plan review. Fundamental to the planned unit development process is the site plan review. Such review is to be conducted in the following three steps:
(1)
Preapplication conference. To obtain information, each applicant shall confer with the Village Engineer and such subcommittee that may be established by the Plan Commission in connection with the preparation of the planned unit development application. The prospective applicant shall submit to the subcommittee or Plan Commission, as directed by the Chairman of the Commission, preliminary plans, sketches and basic site information for consideration and advice as to the relation of the proposal to general developmental objectives to be attained in the area and as to the policies of the Plan Commission and the Village Board. (The more information, such as sketch plans, land uses, site information, adjacent land uses, proposed density, etc., the developer submits, the more feedback the developer will get from the conference.) The objective of the preapplication conference is to achieve the highest level of common understanding between the developer and the Plan Commission. The preapplication conference may consist of a series of informal contacts or communications in addition to a formal meeting between the developer and the Plan Commission.
(2)
Preliminary development plan. This is initiated by the developer through the submission of a formal application for a planned unit development, which will include an application for a zoning change when relevant. The formal application shall be made to the Plan Commission along with the following:
(a)
Written documents.
[1]
A legal description of the total site proposed for development, including a statement of present and proposed ownership and existing and proposed zoning.
[2]
A statement of planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
[3]
A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed.
[4]
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned unit development, such as land areas, dwelling units, etc.
[5]
Quantitative data for the following: total number and type of dwelling units, parcel size and proposed lot coverage of buildings and structures, approximate gross and net residential densities, total amount of open space, total amount of nonresidential construction, and such other studies and information as requested by the Plan Commission.
(b)
Site plan. Drawings, maps, and sketches, necessary to show the minor details of the proposed planned unit development, should contain the following minimum information:
[1]
The existing site conditions, including contours at ten-foot intervals, watercourses, unique natural features, and forest cover.
[2]
Proposed lot lines and plat designs.
[3]
The location and floor area size of all existing and proposed buildings, structures, and other improvements, including maximum heights, types of dwelling units, density per type, and nonresidential, including commercial, facilities.
[4]
The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses.
[5]
The existing and proposed circulation system of arterial, collector, and local streets; off-street parking areas; service areas; loading areas; major points of access to public rights-of-way; and major points of ingress and egress to the development. Notations of proposed ownership, public or private, shall be included where appropriate.
[6]
The existing and proposed utility systems, including water, electric, gas, and telephone lines.
[7]
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, indicating proposed treatments of points of conflict.
[8]
A schematic landscape plan indicating the treatment of materials used for private and common open spaces.
[9]
Any additional information as requested by the Plan Commission necessary to evaluate the character and impact of the proposed planned unit development.
(c)
Public hearing. A public hearing shall be held by the Plan Commission at which time the developer shall present his proposal. The Plan Commission shall take into consideration the information presented by the developer. After weighing all the evidence, the Plan Commission shall take formal action in writing, either approving the plan as presented, approving it subject to certain specified modifications, or disapproving it.
(d)
If a zoning change is required, the findings of the Plan Commission shall be submitted to the Village Board for action at the next regular scheduled meeting. Approval of the preliminary development plan by the Village Board should result in the adoption of an ordinance changing the necessary zoning.
(e)
If the preliminary development plan is approved subject to modifications, the Village Board shall not amend the Zoning Map and no building permits shall be issued on land within the planned unit development until the final development plans for the total project area have been approved by the Plan Commission.
(3)
Final development plan.
(a)
Within a maximum of six months following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan containing in a detailed form the required written documents and maps along with all revisions and modifications made or pending at the time of approval of the preliminary development plan. At its discretion and for good cause, the Plan Commission may extend for six months the period for filing the final development plan.
(b)
Upon filing the final development plan, the Plan Commission shall at the next regular scheduled meeting review the plan to ensure that it does not vary substantially from the previously approved preliminary plan and all new information provided by the developer to determine its quality and compliance with the substantive requirements of this chapter. If substantial compliance is not established, the new plan must repeat the review and public hearing processes.
(c)
In addition to ensuring substantial compliance with the preliminary development plan, the Plan Commission shall review all of the information required for the preliminary development plan in its finalized, detailed form. This includes site plans sufficient for recording and engineering drawings. All schematic plans presented in the preliminary development stage shall be presented in their detailed form. Any items not submitted during the preliminary stage shall be reviewed, and any final plans and public documents should be submitted at this time.
(d)
Based on the establishment of compliance with the preliminary development, the Plan Commission shall recommend to the Village Board that the final development plan should be approved, approved with modifications, or disapproved. If the Plan Commission does not approve the final development plan, the specific reasons for the disapproval should be stated in writing and made part of the public records as well as presented to the developer. Final approval shall be determined by the Village Board. No public hearing should be necessary since no new substantive information requiring policy considerations shall have been presented by the developer.
(e)
If the applicant fails to apply for final approval for any reason, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable thereto.
(f)
If the applicant abandons the project and a zoning change has been granted following the approval of the preliminary development plan, the Village Board shall review the facts and take action, upon receiving formal abandonment notice or within one year after date of the zoning change based on the approved preliminary development plan and where no significant development has been initiated, to rezone the area within the planned unit development to such zoning as was in existence prior to the developer's application for planned unit development.
(g)
The Village Board shall conduct the necessary legislative acts relevant to the project, such as accepting and recording site plans and plats and accepting any dedicated properties, streets, rights-of-way, and so forth. Following formal acceptance and recording, building permits may be issued and construction may begin. Final approval subject to modification or conditions shall be agreed to in writing by the developer before recording and formal acceptance.
(h)
Where a planned unit development does not require a zoning change, the Village Board shall nevertheless exercise final approval of the final development plan.
D.
E.
Payment in lieu of dedication. If the developer and the Village Board determine that such dedication is not feasible or compatible with the development, the developer shall, in lieu thereof, pay to the Village a fee for the residential units constructed. Such fee shall be determined as follows: $200 for each single-family unit and $400 for each two-family residence, all such payments to be placed in a nonlapsing fund of the Village to be used for park and recreation development. The total amount of the payment herein required shall be paid by the developer at the time of final approval of the development plan by the Plan Commission.
§ 435-17 Mobile/manufactured homes; trailers, campers, boats, snowmobiles and other recreational vehicles.
A.
Permanent habitation prohibited. Except within an approved mobile/manufactured home park, no mobile/manufactured home shall be used for the purpose of permanent habitation, permanent habitation being defined as more than 30 days' habitation; provided, however, that a permit for an additional six months' habitation may be granted by the Building Inspector if a signed application for a permit is made within the first 30 days of habitation in the mobile/manufactured home and the Building Inspector is satisfied that the sanitary conditions for the six-month period will be satisfactory, such six-month period to start at the end of the thirty-day period specified above, but no permit shall be granted for a longer period than six months plus 30 days in any one calendar year, except by the approval of the Village Board.
B.
Mobile/manufactured home parks. Mobile/manufactured home parks shall not be permitted except as is specified in this chapter and as follows:
C.
Trailers, campers, boats, snowmobiles and other vehicles used for recreational purposes. Items in this category shall be stored either within a principal or accessory building or stored on any part of the lot or parcel other than within required yards or setbacks and as required herein.
(1)
No recreational vehicle shall be parked or stored in the street yard or parked in the driveway serving the residence for longer than 72 hours.
(2)
No more than two recreational vehicles of any type shall be parked or stored outside a fully enclosed structure in any yard area on the lot.
(3)
Additional recreational vehicles shall be parked or stored only within a fully enclosed structure.
(4)
No recreational vehicle shall be parked or stored in any open space outside a building unless such vehicle is wholly owned by the property owner who shall be in residence at the property in question. If the property is rented, such parking or storage shall be permitted for the tenant only provided that such vehicle is owned by the tenant and permission has been granted from the landlord.
(5)
All recreational vehicles shall be parked or stored as inconspicuously as possible on the property. The area around the vehicle shall be kept free of weeds and accumulation of other storage material. Note: If said area is not properly maintained, the Village may order the removal of such vehicle or the placement of an improved surface as stated.
§ 435-18 Portable storage units.
Portable storage units shall not be allowed except in compliance with this section. No portable storage unit will be allowed which obstructs the normal use of any public right-of-way, fire lane, or passenger or commercial loading zone. No portable storage unit will be allowed which is not maintained in good repair and condition, free from deterioration, graffiti, rust, or other damage.
A.
Residential districts. In any residential district, there may be one portable storage unit per dwelling. Such portable storage unit shall be no larger than eight feet high, eight feet wide, and 16 feet long. No portable storage unit shall remain at any dwelling for more than 48 hours at one time. No portable storage unit shall be allowed at any dwelling in excess of 10 cumulative days in any calendar year. In residential districts, portable storage units shall be placed only in a driveway and outside of the applicable setbacks.
B.
Nonresidential districts. In any nonresidential district, there may be two portable storage units per principal building. No portable storage unit shall remain on any lot in a nonresidential district for more than 96 hours. No portable storage units shall be cumulatively placed on any lot in a nonresidential district in excess of 30 days in any calendar year. In nonresidential districts, portable storage units shall be placed in the rear or side of the lot.
C.
Other approvals. On application, the Plan Commission may waive or modify the provisions of this section and allow such placement of portable storage units as the Plan Commission determines is reasonable and necessary to address unusual or exceptional circumstances, including casualty or natural disaster.
§ 435-19 Garage sale or rummage sale.
[Added 3-1-2010]
The owner or lessor of any property within the Village which is not zoned commercial, pursuant to this chapter, may conduct no more than three rummage or garage sales during any calendar year on premises owned or leased by the seller, and any such sale shall be limited to a period of not more than 72 consecutive hours within any one week. A week shall be deemed to commence on any Monday.
A.
Conditions of operations. All garage sales are to be confined within the hours from 7:00 a.m. to 7:00 p.m., and promptly at the conclusion of any garage sale or rummage sale all remaining personal property shall be returned to and stored within the permanent structures on the premises. No sale may be conducted in such a manner so as to obstruct any sidewalk, street, traffic sign, or safe view of an intersection.
B.
Signs. Signs not to exceed six square feet per face may be erected on the premises for a period not to exceed three days three times in any calendar year. Off-premises directional signs shall not exceed six square feet per face, may not be erected so as to obstruct any sidewalk, street, traffic sign, or safe view of an intersection, and shall be removed immediately after the event has been concluded. Such sale and directional signs shall not be illuminated.