Webster Village City Zoning Code
ARTICLE III
Zoning Districts
§ 298-15 Establishment of districts.
[Amended 6-13-2001; 10-9-2024 by Ord. No. 2024-14]
A.
Districts. The Village of Webster is divided into the following zoning districts:
(1)
R-1 Single-Family Residential District.
(2)
R-2 Multifamily Residential District.
(3)
C-1 General Commercial District.
(4)
C-2 Highway Commercial District.
(5)
I-1 General Industrial District.
(6)
C Conservancy District.
(7)
PUD Planned Unit Development District.
(8)
A-1 Agricultural and Forestry District.
B.
District boundaries. Boundaries of these districts are hereby established as shown on a map titled "Zoning Map, Village of Webster, Wisconsin," which accompanies and is part of this chapter. Such boundaries shall be construed to follow corporate limits, United States Public Land Survey lines, lot or property lines and center lines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the Zoning Map.
C.
Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations. Annexations to or consolidations with the village subsequent to the effective date of this chapter shall be placed in the Agricultural and Forestry District unless the annexation ordinance temporarily places the land in another district.
§ 298-16 Zoning Map.
A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer. Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.
§ 298-17 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following village boundaries shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated in the preceding subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
§ 298-18 R-1 Single-Family Residential District.
[Amended 9-8-1994; 8-10-2005]
A.
Purpose. The R-1 District is intended to provide a pleasant, safe and quiet neighborhood environment free from traffic hazards or public annoyances for residential areas in the Village.
B.
Permitted uses and structures.
(1)
Private garages and carports.
(2)
Essential services and utilities intended to serve the principal permitted use.
(3)
Signs, subject to the provisions of this chapter.
(4)
Horticulture and gardening.
(5)
Churches and elementary, junior and senior high schools.
(6)
Public parks, playgrounds and recreational and community center buildings and grounds.
(7)
Permitted uses and structures.
(a)
Single-family dwellings, including manufactured homes (mobile homes built to HUD standards). For purposes of this chapter, manufactured dwellings (homes built off-site to Wisconsin UDC standards) are included in the definition of "single-family dwelling."
[Amended 3-13-2024]
(b)
The home shall be covered by a roof pitched at a minimum slope of 6/12 inch slope which is permanently covered with nonreflective material.
(c)
Accessory buildings shall be architecturally compatible in appearance and mode of construction with the principle house on the lot with a limit of a maximum sidewall height of 12 feet.
(d)
No detached accessory building shall occupy more than 30% of the required rear yard.
(8)
Customary accessory uses, provided that such uses are clearly incidental to the principal use and that no such use generates traffic or noise that would create a public or private nuisance.
§ 298-19 R-2 Multifamily Residential District.
A.
Purpose. The R-2 District is intended to provide a multiple-family living area that is pleasant.
C.
Conditional uses.
(1)
Home occupations.
(2)
Multifamily dwellings.
(3)
Telephone, telegraph and power transmission towers, poles and lines, relay and repeater stations, equipment housing and other necessary appurtenant equipment and structures.
(4)
Hospitals.
(5)
Colleges and vocational schools.
(6)
Public museums.
(7)
Art galleries.
(8)
Medical and dental clinics.
D.
Specifications.
(1)
Maximum building height: 35 feet.
(2)
Side yard, principal building: 10 feet on each side.
(3)
Side yard, accessory building: five feet.
(4)
Front yard setback: 30 feet.
(5)
Rear yard setback: 25 feet.
(6)
Lot area per family, with public sewer: 8,500 square feet for one family; 5,500 square feet for two families; and 3,500 square feet for multiple families.
(7)
Lot area per family, without public sewer: 12,000 square feet for one family; 8,000 square feet for two families; and 5,500 square feet for multiple families.
(9)
Minimum floor area per family: 1,000 square feet for three bedrooms; 800 square feet for two bedrooms; and 500 square feet for one bedroom.
§ 298-20 C-1 General Commercial District.
[Amended 10-9-2024 by Ord. No. 2024-14]
A.
Purpose. The C-1 District is intended to provide an area for the business and commercial needs of the village.
B.
Permitted uses are facilities such as, but not limited to, the following:
(1)
Retail stores and shops offering convenience goods and services.
(2)
Business and professional offices and studios.
(3)
Banks and savings and loan offices.
(4)
Public and semipublic buildings and institutions.
(5)
Commercial entertainment facilities.
(6)
Laundromats.
(7)
Restaurants.
(8)
Taverns.
(9)
Medical and dental clinics.
C.
Conditional uses.
D.
Specifications.
(1)
Maximum building height: 35 feet.
(2)
Side yard, principal building*: nine feet on each side.
(3)
Side yard, accessory building*: five feet on each side.
(4)
Front yard setback*: 10 feet.
(5)
Rear yard setback*: 25 feet.
(6)
Lot area per family: same as R-2 District.
(7)
Minimum lot width: 50 feet.
(8)
Minimum floor area per family: same as R-2 District.
*In the blocks in the commercial district which are already developed, setbacks, minimum lot widths, commercial parking and truck unloading areas for new or renovated buildings may correspond with the existing setbacks, minimum lot widths, commercial parking and truck unloading areas, provided the Plan Commission determines such action will be in keeping with the purposes of this chapter. |
§ 298-21 C-2 Highway Commercial District.
[Amended 10-9-2024 by Ord. No. 2024-14]
A.
Purpose. The C-2 District is intended to provide for an orderly and attractive grouping at appropriate locations of those commercial establishments that are oriented to highway use.
C.
Conditional uses.
(1)
Drive-in establishments serving food or beverages for consumption.
(2)
Hotels and motels.
(3)
Service stations, washing and repair stations and garages, provided that all gas pumps are not less than 30 feet from any existing or proposed street line.
(4)
Recreational establishments, including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses.
(5)
New and used car sales establishments.
(6)
Wholesaling establishments.
(7)
Transportation terminals.
(8)
Outdoor theaters.
(9)
Farm implement sales firms.
(10)
Dwelling of owner or employee of a commercial establishment on the same or adjacent property, provided that the dwelling occupant derives 50% or more of his income from the commercial establishment.
(11)
Uses clearly similar in character to those listed above.
D.
Specifications.
§ 298-22 I-1 General Industrial District.
A.
Purpose.
(1)
The I-1 District is intended to provide space for industrial and manufacturing uses at appropriate locations in the village. Any industrial use may be permitted, except those that would present a danger to residents of the community or would generate noise, smoke, traffic or air or water pollution that would create a public or private nuisance. All other uses (residential, commercial, public) are prohibited, except that a dwelling may be provided for a caretaker or superintendent if the industrial use requires constant supervision.
(2)
Any use determined to be objectionable by the Plan Commission on the basis of pollution, noise, dust, smoke, vibration, odor, flashing lights or danger of explosion may be permitted only upon the issuance of a conditional use permit setting forth dimensional and site requirements, performance standards, aesthetic controls and pollution standards for that particular use.
§ 298-23 A-1 Agricultural and Forestry District.
B.
Permitted uses are:
[Amended 6-13-2001]
(1)
Farming, except that no farm animals shall be allowed within the Village. Raising animals other than cats and dogs in the Village limit will require a conditional use permit.
[Amended 3-13-2024]
(2)
Airports, including terminal facilities and necessary concessions.
(3)
In-season roadside stands for the sale of farm products produced on the premises.
C.
Uses authorized by conditional permit are:
(1)
Public and semipublic uses, including but not limited to the following: public and private schools, churches, public parks and recreation areas, hospitals, rest homes and homes for the aged, fire and police stations and historic sites, except that sewage disposal plants and garbage incinerators shall not be permitted.
(2)
Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing and other necessary appurtenant equipment and structures.
D.
Specifications.
(1)
Maximum building height: 35 feet (not applicable to agricultural uses).
(2)
Side yard, principal building: 20 feet on each side.
(3)
Side yard, accessory building: 20 feet on each side.
(4)
Front yard setback: 40 feet.
(5)
Rear yard setback: 25 feet.
(6)
Minimum lot width: 150 feet.
(7)
Lot area per family: enough for a bona fide farm operation.
§ 298-24 C Conservancy District.
A.
Purpose. The C District is intended to preserve the natural state of scenic areas, to preserve natural areas and buffer strips and to discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.
B.
Permitted uses.
(1)
Management of forestry, wildlife and fish.
(2)
Harvesting of wild crops, such as marsh hay, ferns, moss, berries, fruit trees and tree seeds.
(3)
Hunting, fishing and trapping.
(4)
Dams, power stations and transmission lines.
(5)
Upon written permission from the Village Board (based on the purposes of this chapter and on the recommendation of the Plan Commission following a public hearing), sewage disposal plants, water pumping or storage facilities, golf courses and public camping grounds.
(6)
Bicycle or hiking trails.
(7)
Parks.
(8)
Uses customarily incidental to any of the above uses.
C.
There are no setback, lot size or other dimensional requirements applicable to the C District.
§ 298-25 PUD Planned Unit Development District.
A.
Purpose. The Planned Unit Development District is established to provide a regulatory framework designed to promote improved environmental design in the Village of Webster by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the basic intent of this chapter and the general plan for community development. It allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.
B.
Permitted uses. The following uses are permitted in the Planned Unit Development District; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(1)
Any use permitted by right or as a conditional grant in any of the other districts of this chapter may be permitted, subject to the criteria as established herein, but such requirements as are made a part of an approved, recorded, precise development plan shall be, along with the recorded plan itself, construed to be enforced as part of this chapter.
(2)
Lot area, lot width, height, floor area ratio, yard and usable open space requirements. In the Planned Unit Development District, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved, recorded, precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
(3)
Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth and such requirements as are made a part of an approved, recorded, precise development plan.
C.
Criteria for approval. As a basis for determining the acceptability of a Planned Unit Development District application, the following criteria shall be applied to the precise development plan for such district, with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance and produces significant benefits in terms of environmental design:
(1)
Character and intensity of land use. In a Planned Unit Development District, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
(a)
Is compatible with the physical nature of the site.
(b)
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality.
(c)
Would not adversely affect the anticipated provision for school or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a Planned Unit Development District application shall provide evidence satisfactory to the Village Board of its economic feasibility, of available adequate financing and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.
(3)
Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.
(4)
Preservation and maintenance of open space. In a Planned Unit Development District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.
(a)
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas.
(b)
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.
(c)
Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the conditions of plan approval.
(5)
Implementation schedule. The proponents of a Planned Unit Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
D.
Procedure. The procedure for rezoning to a Planned Unit Development District shall be as required for any other zoning district change under this chapter, except that in addition thereto the rezoning may only be considered in conjunction with a development plan and shall be subject to the following additional requirements:
(1)
The general development plan shall include the following information:
(a)
A statement describing the general character of the intended development.
(b)
An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.
(c)
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection C of this section:
[1]
The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.
[2]
The pattern of public and private streets.
[3]
The location, size and character of recreational and open space areas reserved or dedicated for public uses, such as school, park, greenway, etc.
[4]
A utility feasibility study.
(d)
Appropriate statistical data on the size of the development ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the village under the criteria of Subsection C of this section.
(e)
General outline of intended organizational structure related to a property owners' association, deed restrictions and private provision of common services.
(2)
Referral and hearing.
(a)
Within a reasonable time after completion of the filing of the petition for approval of a general development plan, the Plan Commission shall forward the application to the Village Board with a recommendation that the plan be approved as submitted, approved with modifications or disapproved. Upon receipt of the Plan Commission's recommendations, the Board shall determine whether or not to initiate a proposed zoning change to permit the proposed Planned Unit Development District and to schedule the required public hearing. If the Board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the Village Clerk-Treasurer.
(b)
Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
(3)
Specific implementation plan. A specific and detailed plan implementation of all or a part of a proposed Planned Unit Development District must be submitted within a reasonable period of time, as determined by the Village Board. If a specific implementation plan has not been submitted within said time which the Village Board determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the Planned Unit Development District shall be filed by the appropriate village official with the Village Clerk-Treasurer for processing. The specific implementation plan shall be submitted to the Village Board and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
(a)
An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways and parking facilities.
(c)
Detailed lot layout and subdivision plan where required.
(d)
The arrangement of building groups, other than single-family residences, and their architectural character.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational or other special amenities.
(h)
General location and description of any areas to be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the project can be expected to begin.
[2]
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of each of the stages will be completed.
(m)
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the planned unit development and any of its common services, common open areas or other facilities.
(n)
Any other plans, documents or schedules requested by the village.
(4)
Approval of the specific implementation plan.
(a)
Following a review of the specific implementation plan and a recommendation from the Plan Commission, the Village Board may approve the plan and authorize development to proceed accordingly or disapprove the plan and request negotiations with the developer.
(b)
In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the Village Board, in the County Register of Deeds office. This shall be accomplished prior to the issuance of any building permit.
(c)
Any subsequent change or addition to the plans or use shall first be submitted for approval to the Village Attorney and Village Board, and if in the opinion of the Village Board such change or addition constitutes a substantial alteration of the original plan, the procedure provided in Subsection D above and in this subsection shall be required.