Wales Village City Zoning Code
ARTICLE III
Zoning Districts
§ 435-20 Establishment.
A.
For the purpose of this chapter, the Village of Wales is divided into 12 basic zoning districts and one overlay zoning district:
A-2 | Rural Home/Holding District | |
R-1 | Single-Family Residential District | |
R-2 | Single-Family Residential District | |
R-3 | Two-Family Residential District | |
R-4 | Multifamily Residential District | |
B-1 | Neighborhood Business District | |
B-2 | General Business District | |
B-3 | Central Business/Mixed Use District | |
M-1 | Limited Industrial District | |
I-1 | Institutional District | |
P-1 | Park and Recreation District | |
C-1 | Conservancy District | |
PRGCO | Planned Residential Golf Course Overlay District |
B.
Boundaries of these districts are established as shown on the map titled "Zoning Map for the Village of Wales, Waukesha County, Wisconsin," which accompanies and is made a part of this chapter. All notations and references shown on the Zoning Map are as much a part of this chapter as though specifically described herein. This chapter hereby incorporates any future changes or any later zoning maps that may be adopted by ordinance of the Village Board. The boundaries of floodplain and shoreland areas for lands annexed to the Village after May 7, 1982, are as shown on the composite Waukesha County Shoreland and Floodland Protection Ordinance Zoning Map.
C.
The district boundaries in all districts, except the Conservancy District, shall be construed to follow corporate limits, U.S. Public Land Survey lines, lot or property lines, and center lines of streets, highways, and easements, or such lines extended, unless otherwise noted on the Zoning Map.
D.
Boundaries of the C-1 Conservancy District were based mostly on the Wisconsin Wetland Inventory Maps for Waukesha County prepared by the Wisconsin Department of Natural Resources in coordination with the Southeastern Wisconsin Regional Planning Commission on the Commission's year 2005 orthophotographs at a scale of one inch equals 400 feet and include, but are not limited to, all shoreland-wetlands of five acres or greater in area shown on those maps. The C-1 District may also include wetlands shown on development plan approvals. Precise wetland delineations shall be made by field investigation prior to development to verify C-1 District boundaries.
E.
Vacation of public streets shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
F.
Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-2 Rural Home/Holding District, unless the annexation ordinance places the land in another district. Within one year, the Plan Commission shall evaluate and recommend a permanent classification to the Village Board. Annexations containing wetlands and related floodplains shall be placed in a C-1 Conservancy District as may be appropriate for permanent classification. Annexations or consolidations, including those containing shorelands, are governed in the following manner:
(1)
Any use on land annexed after May 7, 1982, which contains floodplain or shoreland areas shall comply with § 435-13 of this chapter.
(2)
Pursuant to § 59.693(10), Wis. Stats., any annexations of land after May 5, 1992, shall be governed by Waukesha County's construction site erosion control regulations, and those annexed after May 28, 1998, shall be governed by Waukesha County's stormwater management regulations as well as the erosion control regulations, until such time that the Wisconsin Department of Natural Resources (DNR) certifies that amendments to the Village of Wales Code meet the minimum requirements established by the DNR and are at least as restrictive as the requirements of the Waukesha County Stormwater Management and Erosion Control Ordinance. Said regulations shall be administered and enforced by the Village.[1]
§ 435-21 Zoning Map.
Certified copies of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon their face the attestation of the Village President and the Village Clerk and shall be available to the public in the office of the Village Clerk. Amendments to the Zoning Map shall take effect upon adoption by the Village Board and the filing of proof of posting or publication thereof in the office of the Village Clerk.
§ 435-22 A-2 Rural Home/Holding District.
This district is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. The district is further intended to protect such lands from urban development until their orderly transition into urban-oriented districts is warranted.
A.
Permitted principal uses.
(1)
General farming, including agriculture, dairying, floriculture, horticulture, forestry, grazing, hay, nurseries, orchards, stables, truck farming, and viticulture (grape growing). However, farm buildings housing animals and barnyards shall not be located in a floodplain.
(2)
Keeping of livestock or poultry.
(3)
Single-family dwellings.
B.
Permitted accessory uses.
(1)
Attached or detached private garages and carports incidental to the permitted uses, provided that such accessory structures shall not involve the conduct of a separate unrelated business.
(2)
Building-mounted and ground-mounted earth station dish antennas.
(3)
Building-mounted solar collectors.
(4)
Essential services.
(5)
Home occupations and professional home offices operated by the resident owner or tenant (see § 435-15D).
(6)
Stables or barns.
E.
Building heights and floor area.
(1)
Maximum residential or farm dwelling height: 35 feet.
(2)
Maximum accessory farm building height: 35 feet.
(3)
Maximum height for other accessory buildings: 15 feet.
(4)
Minimum residential or farm dwelling floor area: 900 square feet for ground/first floor area; 1,500 square feet total floor area.
I.
Farm management plans. A nutrient management plan and an insect management plan will be required for farm operations.
§ 435-23 R-1 Single-Family Residential District.
This district is intended to provide for single-family residential development at densities not exceeding 1.0 dwelling unit per net acre.
A.
Permitted principal uses.
(1)
Single-family dwellings with a garage.
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Family day-care homes.
(4)
Foster family homes.
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Gardening, tool, and storage sheds incidental to the residential use.
(5)
Home occupations and professional home offices operated by the resident owner or tenant (see § 435-15D).
(6)
Private garages and carports incidental to the residential use.
C.
Conditional uses.
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for nine or more persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Ground-mounted solar collectors.
(4)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(5)
Wind energy conversion systems.
E.
Building heights and floor areas.
§ 435-24 R-2 Single-Family Residential District.
This district is intended to provide for single-family residential development at densities not exceeding 1.45 dwelling units per net acre or one dwelling unit per 30,000 square feet of lot area.
A.
Permitted principal uses.
(1)
Single-family dwellings with a garage.
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Family day-care homes.
(4)
Foster family homes.
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Gardening, tool, and storage sheds incidental to the residential use.
(5)
Home occupations and professional home offices operated by the resident owner or tenant (see § 435-15D).
(6)
Private garages and carports incidental to the residential use.
C.
Conditional uses.
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for nine or more persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Ground-mounted solar collectors.
(4)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(5)
Wind energy conversion systems.
E.
Building heights and floor areas.
§ 435-25 R-3 Two-Family Residential District.
This district is primarily intended to provide for two-family residential development at densities not exceeding 2.9 dwelling units per net acre or one two-family dwelling unit per 30,000 square feet of lot area. Single-family residential development may also occur in this district at densities not exceeding 1.45 dwelling units per net acre or one dwelling unit per 30,000 square feet of lot area.
A.
Permitted principal uses.
(1)
Two-family dwellings with a garage.
(2)
Single-family dwellings with a garage.
(3)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(4)
Family day-care homes.
(5)
Foster family homes.
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Gardening, tool, and storage sheds incidental to the residential use.
(5)
Home occupations and professional home offices operated by the resident owner or tenant. (See § 435-15D.)
(6)
Private garage incidental to the residential use.
C.
Conditional uses.
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for nine or more persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Ground-mounted solar collectors.
(4)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(5)
Wind energy conversion systems.
E.
Building heights and floor areas.
(1)
Maximum principal building height: 35 feet.
(2)
Maximum accessory building height: 15 feet.
(3)
Minimum two-family building floor area: 1,400 square feet for ground/first floor area or 700 square feet per dwelling unit.
(4)
Minimum single-family building floor area: 850 square feet for ground/first floor area; 1,000 square feet total floor area.
(5)
Maximum accessory building floor area: 720 square feet.
§ 435-26 R-4 Multifamily Residential District.
[Amended 8-18-2014 by Ord. No. 8-2014-3]
This district is intended to provide for multifamily residential development at densities not to exceed 8.0 dwelling units per net acre. Any development within this district occurring after adoption of this chapter shall be accomplished only by planned unit development procedures in accordance with § 435-16 in order to achieve the goals of the Village of Wales Master Plan.
A.
Permitted principal uses.
(1)
Multifamily dwellings with three or more dwelling units and single-family dwellings pursuant to a planned unit development.
[Amended 6-2-2014 by Ord. No. 6-2014-2]
(2)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, having a capacity for 15 or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(3)
Family day-care homes.
(4)
Foster family homes.
C.
Conditional uses.
(1)
Community living arrangements and community-based residential facilities (CBRF) licensed by the State of Wisconsin, which have a capacity for nine or more persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
(2)
Housing for the elderly.
(3)
Ground-mounted solar collectors.
(4)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(5)
Wind energy conversion systems.
E.
Building heights and floor areas.
(1)
Maximum principal building height: 35 feet.
(2)
Maximum accessory building height: 15 feet.
(3)
Minimum principal building floor area: no less than the larger of 2,000 square feet total for ground/first floor area or:
Dwelling Type | Minimum Ground/First Floor Area (square feet per dwelling unit) | |
|---|---|---|
Efficiency | 600 | |
1 bedroom | 800 | |
2 bedrooms | 1,000 | |
3 bedrooms | 1,200 |
G.
Open/green space. No more than 65% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted. To encourage a multifamily residential environment that is compatible with the neighborhood character, building permits for uses allowed in the R-4 Multifamily Residential District shall not be issued without review and approval by the Village Board, after a recommendation by the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress, egress, parking, landscaping, and open space utilization in accordance with Article VIII.
§ 435-27 B-1 Neighborhood Business District.
This district is intended to provide for individual or small groups of retail and service establishments serving primarily the convenience of a local neighborhood, the character, appearance, and operation of which are reasonably compatible with the character of the surrounding area.
A.
Permitted principal uses. The following retail shops and multi-tenant buildings, but not including drive-through facilities and outdoor storage of products or merchandise:
C.
Conditional uses. The following retail shops and multi-tenant buildings, but not including drive-through facilities and outdoor storage of products or merchandise:
(1)
Retail stores and shops offering convenience goods and services exceeding 1,500 gross square feet of primary floor area.
(2)
Business and professional offices and studios exceeding 1,000 gross square feet of primary floor area.
(3)
Animal hospitals and veterinary services, excluding the boarding of animals. (Also see § 435-15B.)
(5)
Commercial adult and child care centers.
(6)
Construction businesses.
(7)
Crematory and funeral services.
(8)
Ground-mounted solar collectors.
(9)
Outdoor display of retail merchandise for sale.
(10)
Pet and pet grooming stores.
(11)
Roadside stands selling goods.
(12)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(13)
Wind energy conversion systems.
G.
Open/green space. No more than 65% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted. To encourage a business environment that is compatible with the neighborhood character of the Village, building permits for uses allowed in the B-1 Neighborhood Business District shall not be issued without review and approval by the Village Board, after a recommendation from the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with Article VIII.
§ 435-28 B-2 General Business District.
This district is intended to provide for the orderly and attractive grouping in appropriate locations of business activities of a more general nature serving a larger community trade area. These districts shall be located along major arterial streets in the Village of Wales.
A.
Permitted principal uses. The following retail shops and multi-tenant buildings, but not including drive-through facilities and outdoor storage of products or merchandise:
(1)
Retail stores and shops offering convenience goods and services not exceeding 10,000 gross square feet of primary floor area. Examples are:
(a)
Appliance store.
(b)
Bakery.
(c)
Construction services and businesses.
(d)
Consumer electronics store.
(e)
Furniture store.
(g)
Grocery store.
(h)
Hardware store.
(i)
Ice cream shop.
(j)
Jewelry store.
(l)
Pharmacy/confectionery store.
(m)
Restaurant.
(n)
Sale of beer, wine, and distilled alcoholic beverages.
(2)
Business and professional offices and studios not exceeding 10,000 gross square feet of primary floor area. Examples are:
[Amended 12-6-2010]
C.
Conditional uses. The following retail shops and multi-tenant buildings:
(1)
Retail stores and shops offering convenience goods and services exceeding 10,000 gross square feet of primary floor area.
(2)
Business and professional offices and studios exceeding 10,000 gross square feet of primary floor area.
(4)
Car washes/oil change shops.
(5)
Commercial adult and child care services.
(6)
Dermagraphic services (tattoo shops).
(7)
Drive-through facilities.
(8)
Ground-mounted solar collectors.
(9)
Gymnasiums and athletic clubs.
(11)
Outdoor display of retail merchandise for sale.
(12)
Outdoor storage of products or merchandise.
(13)
Retail sale of new or used vehicles.
(14)
Sale of firearms and ammunitions.
(17)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(18)
Wind energy conversion systems.
(19)
Event venues.
[Added 4-2-2018 by Ord. No. 4-2018-1]
G.
Open/green space. No more than 65% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted. To encourage a business environment that is compatible with the community character of the Village, building permits for uses allowed in the B-2 General Business District shall not be issued without review and approval by the Village Board, after a recommendation from the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress, egress, parking, loading and unloading, outdoor storage, landscaping, and open space utilization in accordance with Article VIII.
§ 435-29 B-3 Central Business/Mixed Use District.
The district is intended to provide appropriate regulations to ensure the compatibility of the diverse uses typical of a "downtown" area without inhibiting the development of commercial, cultural, entertainment, and other urban activities which contribute to its role as the "heart" of the Village.
A.
Permitted principal uses. The following retail shops and multi-tenant buildings, but not including drive-through facilities and outdoor storage of products or merchandise:
(1)
Retail stores and shops offering convenience goods and services not exceeding 1,500 gross square feet of primary floor area. Examples are:
(a)
Appliance store.
(b)
Bakery.
(c)
Construction services and businesses.
(d)
Consumer electronics store.
(e)
Furniture store.
(g)
Grocery store.
(h)
Hardware store.
(i)
Ice cream shop.
(j)
Jewelry store.
(k)
Merchandise repair shops excluding automobiles, marine crafts, and junkyards and salvage yards.
(l)
Pharmacy/confectionary store.
(m)
Restaurant.
(n)
Restaurant, including the sale of alcoholic beverages.
(o)
Sale of beer, wine, and distilled alcoholic beverages.
(2)
Business and professional offices and studios not exceeding 1,000 gross square feet of primary floor area. Examples are:
[Amended 12-6-2010]
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Living quarters for the owner or proprietor of the business.
(5)
Off-street parking and loading areas.
(6)
Private garages for storage of vehicles used in conjunction with the operation of a business.
C.
Conditional uses. The following retail shops and multi-tenant buildings, but not including outdoor storage of products or merchandise:
(1)
Retail stores and shops offering convenience goods and services exceeding 1,500 gross square feet of primary floor area.
(2)
Business and professional offices and studios exceeding 1,000 gross square feet of primary floor area.
(5)
Drive-through facilities, excluding those for restaurants.
(6)
Ground-mounted solar collectors.
(8)
Housing for the elderly.
(9)
Outdoor display of retail merchandise for sale.
(10)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(11)
Wind energy conversion systems.
G.
Open/green space. No more than 80% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted. To encourage a business or mixed-use environment that is compatible with the Village center character of the Village, building permits for uses allowed in the B-3 Central Business/Mixed Use District shall not be issued without review and approval by the Village of Wales Board, after a recommendation from the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with Article VIII.
§ 435-30 M-1 Limited Industrial District.
This district is intended to provide for manufacturing, production, or fabrication operations of a limited nature and size which, on the basis of physical and operational characteristics, would not be detrimental to the surrounding area or to the Village as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other similar factors and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect. All uses in this district must meet the performance standards set forth in Article IX and the state industrial standards.
A.
Permitted principal uses.
(1)
All uses involving the manufacture, production, or fabrication of products within the confines of a building and in which any smoke, dust, flash, noise, or odor produced in the manufacturing or fabrication process is confined within a building.
(2)
All uses involving the provision of a service in which any smoke, dust, flash, noise, or odor produced by such service is confined within a building and is either a manufacturing-, production-, or fabrication-related use confined within a building or is not permitted in business districts.
(3)
Establishments for the wholesaling, warehousing, or storage of goods and materials other than flammable liquids and gaseous, vaporous, or explosive substances where such goods or materials are temporarily stored inside a building.
(4)
Storage buildings or yards for goods and materials other than chemicals, flammable liquids, and gaseous, vaporous, or explosive substances where such goods or materials are temporarily stored inside a building or within an open area visually screened from public streets, roads, or highways and adjacent nonindustrial uses and where the individual goods or materials are not basically changed in character.
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Garages for the storage of vehicles used in conjunction with the operation of a permitted use.
(5)
Off-street parking and loading areas.
(6)
Offices, storage, power supply, and other uses normally auxiliary to the principal industrial operation.
C.
Conditional uses.
(2)
Book, newspaper, and magazine publishing, printing, and binding; binding devices.
(3)
Bus and rail depots, provided that all principal structure and uses are not less than 100 feet from any residential district boundary.
(4)
Commercial greenhouses.
(5)
Commercial service facilities such as athletic clubs, day-care centers, restaurants, financial institutions, and clinics.
(6)
Commercial recreational establishments for racquetball, tennis, and related facilities.
(7)
Dispensing or sale of flammable and nonflammable liquids.
(8)
Experimental, testing, and research laboratories.
(9)
Forges, foundries, refineries, and smelters.
(10)
Ground-mounted solar collectors.
(11)
Lumberyards, mill work, sawmills, and planing mills.
(12)
Meat processing and packaging plants.
(13)
Motor vehicle repair shop.
(14)
Outdoor storage.
(15)
Processing of seed or products from grain for animal feed, processing of animal health products, and storage of animal feeds, fertilizer, seeds, and animal health products.
(16)
Recycling center and/or transfer stations.
(17)
Self-service storage facilities (mini warehousing).
(18)
Storage of explosive or flammable materials related to the permitted use.
(19)
Tanneries.
(20)
Utility substations, municipal wells, lift/pumping stations, water towers, and communication towers.
(21)
Vehicle fueling stations.
(22)
Wind energy conversion systems.
G.
Open/green space. No more than 65% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted. To encourage an industrial use environment that is compatible with the character of the Village, building permits for uses allowed in the M-1 Limited Industrial District shall not be issued without review and approval by the Village Board, after a recommendation from the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress, egress, parking, loading and unloading, outdoor storage, landscaping, and open space utilization in accordance with Article VIII.
§ 435-31 I-1 Institutional District.
This district is intended to provide areas which are under educational, religious, and/or public-related use and ownership and where the use for these purposes is anticipated to be permanent.
A.
Permitted principal uses.
(1)
Cemeteries and mausoleums for the burial of human remains only.
(2)
Civic, social, and fraternal associations.
[Added 12-6-2010]
(3)
Churches, synagogues, and other places of worship.
(4)
Hospitals, sanatoriums, nursing homes, and clinics.
(5)
Libraries, museums, public art galleries, and community centers.
(6)
Municipal wells, municipal lift/pumping stations, municipal water towers, and municipal communication towers.
(7)
Public administrative offices and public service buildings, including fire and police stations.
(8)
Public or private schools, colleges, and universities.
(9)
Public utility offices.
B.
Permitted accessory uses.
(1)
Building-mounted and ground-mounted earth station dish antennas.
(2)
Building-mounted solar collectors.
(3)
Essential services.
(4)
Garages for the storage of vehicles used in conjunction with the operation of a permitted use.
(5)
Off-street parking and loading areas.
(6)
Residential quarters for caretakers or clergy.
(7)
Service buildings and facilities normally accessory to the permitted principal uses.
G.
Open/green space. No more than 65% of any lot shall be covered with buildings, accessory buildings, structures, parking lots, roadways, pervious/permeable pavements, and sidewalks of any type or any covering materials that are impervious to surface water absorption.
I.
Plans and specifications to be submitted to Plan Commission. To encourage an institutional use environment that is compatible with the neighborhood character, building permits for uses allowed in the 1-1 Institutional District shall not be issued without approval by the Village Board, after a review and recommendation by the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress and egress, parking, loading and unloading, outdoor storage, landscaping, and open space utilization in accordance with Article VIII.
§ 435-32 P-1 Park and Recreation District.
This district is intended to provide for Village-owned areas where open space and recreational needs of the residents can be met without undue disturbance of natural resources and adjacent uses.
A.
Permitted principal uses.
(1)
Amphitheaters.
(2)
Fairgrounds.
(3)
Forest reserves (wilderness areas).
(4)
Forest reserves (wildlife refuges).
(5)
Golf courses with or without country club facilities.
(6)
Day camps.
(7)
Historic and monument sites.
(8)
Ice skating.
(9)
Parks (general recreation).
(10)
Parks (leisure and ornamental).
(11)
Picnicking areas.
(12)
Play fields or athletic fields.
(13)
Playgrounds.
(14)
Play lots or tot lots.
(15)
Recreation centers and related structures and facilities.
(16)
Skiing and tobogganing.
(17)
Swimming beaches.
(18)
Swimming pools.
(19)
Tennis courts.
E.
Building height. Maximum building height: 25 feet.
H.
Plans and specifications to be submitted to Plan Commission. To encourage a recreational use environment that is compatible with the neighborhood character, building permits for uses allowed in the P-1 Park and Recreation District shall not be issued without review and approval by the Village Board, after a review and recommendation by the Plan Commission. Said review and approval shall be concerned with, but not limited to, the proposed operation, general layout, building plans, lighting, signage, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with Article VIII.
§ 435-33 C-1 Conservancy District.
This district is primarily intended to preserve, protect, and enhance the ponds, streams, shorelands, and wetland areas of the Village of Wales. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for such use; and protect the water-based recreation resources of the Village.
A.
Permitted principal uses.
(1)
Hiking, fishing, trapping, swimming, snowmobiling, and boating, unless prohibited by other laws or codes.
(2)
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.
(3)
Silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.
(4)
Construction and maintenance of fences, including limited excavating and filling necessary for such construction or maintenance.
(5)
Existing agricultural cultivation and pasturing, provided that such activities do not involve extension of cultivated areas or extension of or creation of new drainage systems, and further provided that such activities do not substantially disturb or impair the natural fauna, flora, topography, or water regimen and can be accomplished without filling, flooding, or artificial drainage of the conservancy area.
(6)
Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.
(7)
The construction and maintenance of piers, docks, observation decks, walkways, and bicycle and recreational trails, provided that no filling, flooding, dredging, draining, ditching, tiling, or excavating is done, except limited filling and excavating necessary for the installation of pilings.
(8)
The maintenance, repair, replacement, and reconstruction of existing streets and bridges.
B.
Conditional uses.
(1)
The construction of streets and bridges if necessary for the continuity of the Village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 District, provided that all of the following are adhered to:
(a)
The street cannot, as a practical matter, be located outside the Conservancy District.
(b)
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland as listed in § 435-102B.
(c)
The street shall be designed and constructed for the minimum cross section practical to serve the intended use.
(d)
The street construction activities are to be carried out in the immediate area of the roadbed only.
(e)
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the street.
(2)
The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that all of the following are adhered to:
(3)
The establishment and development of public and private parks and recreation areas, recreation trails, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private wildlife habitat areas, provided that all of the following are adhered to:
(a)
Any private recreation or wildlife habitat area must be used exclusively for that purpose.
(b)
Only limited filling or excavating necessary for the development of public boat launching ramps, swimming beaches, park shelters, or similar structures is allowed.
(c)
Construction and maintenance of streets necessary for permitted uses shall be in accordance with Subsection B(1).
(d)
Ditching, excavating, dredging, and dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of wetlands or other natural resources.
(4)
The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members located outside the C-1 District, provided that all of the following are adhered to:
(a)
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the Conservancy District.
(b)
Any filling, excavating, ditching, or draining that is to be done must be necessary for the construction or maintenance of the utility and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
(5)
The construction and maintenance of railroad lines, provided that all of the following are adhered to:
(a)
The railroad lines cannot, as a practical matter, be located outside the Conservancy District.
(b)
Any filling, excavating, ditching, or draining that is to be done must be necessary for the construction or maintenance of the railroad lines and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
C.
Prohibited uses. Any use not listed as a permitted principal use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.
§ 435-34 PRGCO Planned Residential Golf Course Overlay District.
The Planned Residential Golf Course Overlay District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses such as residential and golf course uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic, to provide attractive recreation and open space as integral parts of the development, to enable economic design in the location of public and private utilities and community facilities, and to ensure adequate standards of construction and planning. This district will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying zoning district.
A.
Permitted uses.
(1)
Uses permitted in the Planned Residential Golf Course Overlay District shall conform to uses permitted in the underlying zoning district. Individual structures shall comply with the specific minimum building area and height requirements of the underlying zoning district.
(2)
Public and/or private golf courses shall be permitted in the Planned Residential Golf Course Overlay District, subject to approval of a conditional use permit in accordance with § 435-110 of this chapter for any clubhouse and maintenance facilities associated with the golf course. The course must be, at a minimum, consistent with eighteen-hole Professional Golfers' Association (PGA) of America specifications and regulations for size and layout, unless the Village Board determines that a smaller course is suitable for the proposed development.
B.
Minimum area requirements. Areas designated in the Planned Residential Golf Course Overlay District shall contain, at a minimum, an overall lot size or land area of 150 acres to provide adequate area for the golf course, clubhouse and maintenance facilities, and the residential development.
C.
Procedural requirements.
(1)
Preapplication conference. Prior to any application for approval of the Planned Residential Golf Course Overlay District, the applicant shall confer with the Village Engineer, Village Planner, Village Attorney, and other professionals or consultants and each subcommittee that may be established or retained by the Plan Commission in connection with the preparation of the application. The applicant shall submit preliminary plans, sketches and basic site information for consideration and comment regarding the relation of the proposed general development objectives and the policies of the Plan Commission and Village Board. (Note: In accordance with § 35-14 of the Village Code, the applicant will be charged back any and all fees paid by the Village for professional staff, consultants, attorneys or services provided to review the applicant's project.)
(2)
Preliminary development plan. This is initiated by the developer through the submission of a formal application for a planned residential golf course development, which will include an application for a zoning district change when relevant. The formal application shall be made to the Plan Commission and filed with the Village Clerk 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. The applicant shall also provide a satisfactory title policy or commitment sufficiently showing the status of title to the property and all title encumbrances thereon.
[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 development or stages of the planned 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 a portion of the planned 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 residential golf course 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]
The proposed golf course design and layout, including all tee, fairway, hazard and green locations, buildings, paths, parking, landscaping, signs, etc.
[10]
Any proposed phasing of the project, including location of phasing on the site plan and time lines for implementing and constructing the phases. The overall project shall not exceed a total of five years to complete all phases. The Village Board may, at its discretion, grant an extension up to an additional five years to complete the project, after reviewing the progress of the development and the current ordinances, rules, and regulations affecting the development.
[11]
The developer shall prepare a planned residential golf course development agreement outlining the specific details, goals, and phases of the preliminary development plan. The agreement shall be approved by the Village Board and shall be signed by the developer and the Village.
[12]
Any additional information as requested by the Plan Commission necessary to evaluate the character and impact of the proposed planned residential golf course development.
(c)
The preliminary development plan shall be reviewed by the Plan Commission at the next available public meeting within the submittal deadline time period. The Plan Commission shall make a recommendation to the Village Board either approving the plan as presented, approving it subject to certain specified modifications, or disapproving it. In accordance with § 435-110D of this chapter, a public hearing shall then be held by the Village Board at which time the developer shall present his proposal to the Village Board. The Board shall take into consideration the information presented by the developer and all information presented at the public hearing. After weighing all the evidence, the Village Board shall then 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 district change is required for the underlying zoning district, the petitioner shall file an application with the Village Clerk in accordance with § 435-98 of this chapter. The Plan Commission shall then review the application at the next available public meeting within the submittal deadline time period. The findings of the Plan Commission shall be submitted to the Village Board to schedule a public hearing as required by § 435-100 of this chapter. The ordinance to adopt the underlying zoning district classification amendment shall not be enacted until the Village Board has approved the preliminary development plan and the planned residential golf course development agreement.
(e)
If the preliminary development plan is approved by the Village Board, subject to modifications, the Village Board shall not amend the Zoning Map to identify the Planned Residential Golf Course Development Overlay District and no building permits shall be issued on land within the planned residential golf course development until the final development plans, with modifications completed, for the total project area have been approved by the Village Board.
(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 Village Clerk a final development plan for the entire project or for the initial phase(s), as set forth in the approved phasing time line, 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 Village Board may extend for six months the period for filing the final development plan. If the applicant fails to file a final development plan within the prescribed time line, the preliminary development plan approval shall expire and a new preliminary development plan submittal will need to be filed and approved by the Village Board before filing the final development plan.
(b)
Upon filing the final development plan, the Plan Commission shall, at the next available public meeting within the submittal deadline time period, review the plan to ensure that it does not vary substantially from the previously approved preliminary plan and review 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 and the Plan Commission has determined reasons for denial of the final development plan, a new plan must submitted to the Plan Commission in substantial compliance with the preliminary development plan or the applicant must amend the preliminary development plan and repeat the review and public hearing processes set forth in Subsection C(2).
(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)
The Village Board shall conduct the necessary legislative acts relevant to the project, such as accepting and recording site plans and plats, enacting the ordinance to identify the Planned Residential Golf Course Development Overlay District, reviewing and accepting the developer's agreement for the construction of public improvements, 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.
(f)
Upon approval of the final development plan by the Village Board, construction must commence on the project within six months of the date of approval, unless the Village Board at its discretion determines that an extension of up to six additional months may be granted.