West Bend Town City Zoning Code
ARTICLE X
Site Plan Review and Architectural Control
§ 325-79 Purpose and intent.
For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure, without first obtaining the approval of the Zoning Administrator or Plan Commission, as herein specified, of detailed site, landscape and architectural plans as set forth in this chapter.
§ 325-80 Principles for nonresidential projects.
The following principles apply to all new structures and uses and to changes or additions to existing structures and uses other than for single parcel residential development:
A.
The proposed use(s) shall conform to the uses permitted in the applicable zoning district
B.
The dimensional arrangement of buildings and structures shall conform to the required area, yard, setback and height restrictions of the chapter.
C.
The relative proportion of the scale and mass of a building to neighboring existing buildings, to pedestrians or observers, or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.
D.
The visual continuity of roof shapes, rooflines and their contributing elements (e.g., parapet walls, coping and cornices) shall be maintained in building development or redevelopment.
E.
The facade of commercial, industrial, governmental, institutional, and recreational buildings which face upon a street right-of-way shall be finished with an aesthetically pleasing material. A minimum of 30% of a facade facing and existing or future street shall be finished with brick, wood, fieldstone, decorative masonry material, decorative glass panels, or decorative precast concrete panels, except where the building style requires a different material. Attractive aluminum or vinyl siding which has the appearance of wood siding, a "brushed" surface or other compatible attractive material may, however, be permitted. Such finished material shall extend for a distance of at least 20 feet along the sides of the structure. All buildings on corner and double frontage lots shall have the required finished facade facing each street. No plain concrete block building or metal-faced building, except those with an attractive finished surface mentioned above, shall be permitted. Samples of all materials shall be furnished to the Plan Commission for review and approval.
F.
Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, colors shall be selected to be in general harmony with existing neighborhood buildings. The use of bright colors should be limited and used only as an accent, such as, for example, on trims.
G.
Accessory structures located in a side yard or rear yard shall be built with materials compatible with those of the principal structures on the same site.
H.
Accessory structures located in a street yard shall be affixed upon a foundation and shall be constructed of substantially the same materials and be of substantially the same appearance as the principal structure.
I.
No overhead door or loading dock for commercial, manufacturing, institutional or park buildings shall face a public street. The Plan Commission may permit overhead doors and docks to face a public street when it has made a finding that there is no feasible alternative location for such doors or docks and, insofar as is practicable, such doors and docks facing public streets are screened.
J.
Outside storage areas for inventory, materials, equipment, supplies, scrap, and other materials utilized in the day-to-day operation of the principal use shall be paved as determined by the Plan Commission, and screened from view from public streets with appropriate vegetation or fencing or wall of a material compatible with the principal structure and the surrounding area. The Plan Commission may permit the outdoor display of products or merchandise when it makes a finding that such a display is essential to a business or industrial use, such as a landscape-nursery or car-sales business, and attractive periphery landscaping is provided.
K.
Mechanical equipment, such as heating, air-conditioning, and ventilating equipment, at grade level and on rooftops shall be screened from public view or located in a manner that is unobtrusive.
L.
No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
M.
No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the Town.
N.
Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical to prevent indiscriminate or excessive earth moving or clearing of property, disfigurement of natural land forms, and disruption of natural drainage patterns.
O.
Buildings and uses shall provide for safe traffic circulation and safe driveway locations.
P.
Buildings and uses shall provide adequate parking and loading areas.
Q.
Appropriate buffers shall be provided between dissimilar uses in accordance with this chapter.
R.
Appropriate erosion control measures shall be utilized in all new development.
S.
Buildings and uses shall be provided with adequate public services as approved by the appropriate utility.
T.
Refuse and recycling areas shall be screened by completely enclosing such areas with a wall or fence of a material compatible with the principal structure and surrounding area. The wall or fence shall be surrounded with a landscape bed at least three feet wide consisting of plants, except at the gate.
U.
No buildings shall impair the enjoyment of historic attractions of significant historic interest.
V.
Buildings on premises which have historic significance shall be identified by a plaque to be provided by the Town and should be encouraged to be maintained or restored, insofar as practicable, in the manner which will protect its historic significance in accordance with the standards promulgated by the U.S. Department of the Interior for historic preservation projects.
W.
Development and redevelopment shall be consistent with the public goals, objectives, principles, standards, policies and urban design guidelines set forth in the adopted Comprehensive Plan or element thereof.
X.
Buildings and uses shall make appropriate use of open space. The Zoning Administrator and/or Plan Commission may require appropriate landscaping and planting screens. A landscaping maintenance program, together with appropriate assurances, shall be submitted. (For additional landscape standards refer to § 325-95.)
Y.
Other principles deemed appropriate by the Town of West Bend may be imposed by the Plan Commission.
Z.
A person may not claim that two or more buildings on a property should be counted as one building by virtue of 1) a connection by a breezeway of any length; 2) a connection by a deck; 3) a connection by a porch; 4) any underground connection of any type; 5) any connection that is not heated, ventilated, or air conditioned in the same manner of the main building; 6) any connection that serves no significant purpose other than a walkway; 7) any connection that is significantly smaller in dimension than the connected parts; or 8) any connection that allows motor vehicles to drive through the connection. The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
§ 325-80.1 Principles for residential projects.
[Amended 5-13-2025 by Ord. No. 2025-03]
A.
The following principles apply to all single parcel residential development and redevelopment:
(1)
The proposed use(s) shall conform to the uses permitted in the applicable zoning district.
(2)
The dimensional arrangement of buildings and structures shall conform to the required area, yard, setback and height restrictions of the chapter.
(3)
The use of bright colors should be limited and used only as an accent, such as, for example, on trims.
(4)
Accessory structures located in a side yard or rear yard shall be built with materials compatible with those of the principal structures on the same site.
(5)
Accessory structures located in a street yard, when permissible, shall be constructed of substantially the same materials and be of substantially the same appearance as the principal structure.
(6)
No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the Town.
(7)
Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical to prevent indiscriminate or excessive earth moving or clearing of property, disfiguration of natural land forms, and disruption of natural drainage patterns.
(8)
Appropriate erosion control measure shall be utilized in all new development.
(9)
The height of the above-grade exposed basement wall of any residential building should not exceed 10 feet.
(10)
Other principles deemed appropriate by the Town of West Bend may be imposed by the Plan Commission.
(11)
A person may not claim that two or more buildings on a property should be counted as one building by virtue of 1) a connection by a breezeway of any length; 2) a connection by a deck; 3) a connection by a porch; 4) any underground connection of any type; 5) any connection that is not heated, ventilated, or air conditioned in the same manner of the main building; 6) any connection that serves no significant purpose other than a walkway; 7) any connection that is significantly smaller in dimension than the connected parts; or 8) any connection that allows motor vehicles to drive through the connection. The above distinction is intended to require each building to have a single, integrated configuration of enclosed space and to prohibit the appearance of multiple buildings in excess of established limitations.
(12)
A flat roof may not be occupied for any reason for any duration of time.
(13)
Accessory buildings must comply with building codes as adopted by the Town of West Bend.
(14)
A porch, deck, or canopy, whether fixed or retractable, is considered a part of the building and must comply with setback requirements.
B.
Additional building and site development standards for the R-1S and R-1S/MU Districts.
(1)
Building form, height and proportions. When possible, principal structures should be designed to create layered and visually interesting building facades that harmonize with the surrounding lakefront buildings, through the use of building step-backs, varied roof forms, porches, etc.
(2)
(Reserved)
(3)
Entries.
(a)
All structures should have the main or front entries oriented towards and visible from the street or entrance court.
(b)
When possible, buildings on the lake shall have a second front entry oriented towards the lake. Lakeside entries shall not appear as back doors, but rather should be scaled and detailed to appear as an additional principal entry to the building.
(4)
Porches.
(a)
All porches or decks should be associated with a building entry and be integrated with the building architecture.
(b)
The first floor level of shore yard porches and decks shall be no higher than 12 feet above the surrounding ground level.
(c)
All porches and decks shall contain a high level of design detail and be constructed of high-quality materials to reflect their visibility from the lake.
(5)
(Reserved)
(6)
Garages.
(a)
(Reserved)
(b)
Garages and garage doors should be positioned so they do not dominate the view from the street and neighboring properties. Wherever possible, garage doors should be side loaded and screened from public view on adjacent streets.
(c)
When a garage door must face the street, the street facing facade must include an upper level balcony, terrace, awning, or other projecting element above the door area. The area above the garage should include glazed windows or door openings with a minimum 15 square feet of glazed area.
(d)
When possible, single garage doors should be used to create a more intimately scaled facade and when appropriate, garage doors should be painted or stained a contrasting color.
(e)
When a garage door faces the road frontage, the maximum height of the door is 10 feet.
(f)
The maximum number of garage spaces on any one façade is three (a sixteen-foot-wide door, for example, is considered two spaces). If the façade has three doors, a two-foot offset must be used as generally depicted in the illustration below. For the purpose of this subsection, a garage door that is 16 feet wide or wider counts as two doors.
Figure: Minimum 2-foot offset on a 3-car garage  |
§ 325-81 Administration.
[Amended 5-13-2025 by Ord. No. 2025-03]
A.
The Zoning Administrator shall review all site plans submitted under Article X and prepare a staff report for the Plan Commission.
B.
The Plan Commission shall approve all site plans submitted under this section, except single parcel residential development, as described in Subsection D below.
C.
Single-parcel residential development. The Zoning Administrator shall approve all site plans submitted under this section for proposed single parcel residential development. Single parcel residential development shall be limited to the following:
D.
Plan data for development and redevelopment other than single parcel residential development. Plan data shall be submitted to Town Clerk to be forwarded to the Zoning Administrator. Plan data to be submitted with plan review applications shall include the following:
(1)
Site plan drawn to a recognized engineering scale.
(2)
Name of project.
(3)
Owner's and/or developer's name and address.
(4)
Architect and/or engineer's name and address.
(5)
Date of plan submittal.
(6)
Scale of drawing, North arrow, and site size information (area in square feet or acres).
(7)
Existing and proposed topography shown at contour intervals of two feet or less. Topography shall extend 40 feet onto adjacent property or to the building on the adjacent lot, whichever is greater.
(8)
The characteristics of soils related to contemplated specific uses.
(9)
Total number and location of parking spaces.
(10)
All building and yard setback lines.
(11)
Where applicable, both the 100-year recurrence interval floodplain and the floodway; environmental corridors and isolated natural resource areas; and wetland areas.
(12)
The type, size, and location of all existing and proposed structures with all building dimensions shown.
(13)
The height of all existing and proposed buildings and other structures.
(14)
Existing and proposed street names.
(15)
Existing and proposed rights-of-way and widths.
(16)
Existing and proposed easements for and locations of all utility lines, including sanitary sewers, water mains, storm sewers, other drainage facilities and features. communications lines, electrical lines, natural gas lines and other utilities present on and around the site, as applicable.
(17)
Proposed stormwater management facilities, including detention/retention areas.
(18)
Proposed location and type of all signs to be placed on the site.
(19)
The location and type of all outdoor lighting.
(20)
Existing isolated, individual trees and the boundary of woodlands.
(21)
Landscape plan with the location, extent, and type of proposed plantings.
(22)
Location of pedestrian sidewalks and walkways, and bicycle lanes or paths.
(23)
A graphic outline of any development staging.
(24)
Scaled architectural plans, color building elevations, and color perspective drawings and color sketches illustrating the design and character of proposed structures and relevant surrounding structures and properties within 300 feet.
(25)
Other plans and data as required by the Zoning Administrator and/or Plan Commission.
E.
Plan data for single parcel residential development and redevelopment. Plan data to be submitted with plan review applications shall include the following:
(1)
A completed application form as may be required by the Town.
(2)
A plat of survey.
(a)
A plat of survey prepared by a professional land surveyor licensed in Wisconsin that shows:
[1]
Existing and proposed site improvements;
[2]
Existing and proposed easements of all types, along with explanatory notes;
[3]
Setbacks as may apply to the subject property;
[4]
100-year floodplain boundary, if any;
[5]
Proposed elevation of the ordinary high water mark, if any; and
[6]
Any other feature required by state statute or administrative code.
(b)
The plat of survey must be in a legible format and include all dimensions related to the proposed project. The size of dimensions and print size to be determined by the zoning or building inspectors.
(c)
Depending on the nature of the project, the zoning administrator may in their discretion waive the requirement for the plat of survey when the proposed project clearly complies with all applicable requirements, including setbacks.
(3)
A grading plan showing existing and proposed grades along with site improvements and proposed stormwater management facilities, including drainage swales and detention/retention areas, as applicable.
(4)
A set of dimensioned building plans.
(5)
A landscape plan with the location, extent, and type of existing and proposed plantings, if applicable.
(6)
A copy of the sanitary permit issued by the Silver Lake Sanitary District, if applicable.
(7)
A copy of any permit approvals issued by Washington County, if applicable.
§ 325-82 Review and findings.
The Zoning Administrator and, when required, Plan Commission shall review the referred plans within a reasonable period of time following their submittal, but not more than 60 days. The Zoning Administrator and Plan Commission shall not approve any plans unless they find after viewing the application that the structure or use, as planned, will not violate the intent and purpose of this chapter. The Zoning Administrator and Plan Commission will approve said plans only after determining the proposed site development or buildings will not substantially increase the danger of fire, traffic congestion, or otherwise endanger the public health or safety. Upon approval of a site plan, the Zoning Administrator shall issue a site plan permit to the applicant establishing the terms of approval and operation for said permit.
§ 325-83 Sureties.
The Town Board may impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule.
§ 325-84 Appeals.
Any person or persons aggrieved by any decisions of the Zoning Administrator related to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be filed with the Town Clerk within 30 days after filing of the decision of the Zoning Administrator.