West Bend Town City Zoning Code
ARTICLE IV
Zoning Districts
§ 325-24 Districts Established.
A.
Districts, general. For the purpose of this chapter, the Town is hereby divided into the base zoning districts as follows:
(1)
Residential District which is comprised of R-1N (Neighborhood Residential District), R-1R (Rural Residential District), R-1S (Shoreland Residential District), and R-1S/MU (Shoreland Residential/Mixed-Use District).
(2)
Business District which is comprised of B-1 (Commercial/Mixed-Use District) and B-2 (Commercial/Mixed-Use District).
(3)
Industrial District which is comprised of M-1 (Industrial District).
(4)
(Reserved)
(5)
Park District which is comprised of P-1 (Public and Private Park District).
B.
Boundaries. The boundaries of these districts are hereby established as shown on the map entitled "Town of West Bend Zoning Map," which map accompanies and is hereby made a part of this chapter.[1] Unless otherwise noted on such Zoning Map, the boundaries shown on such map shall be construed to follow corporate limits; U.S. Public Land Survey lines; environmental features as designated and mapped by the Southeast Wisconsin Regional Planning Commission (SEWRPC) or other designated authorities; lot or property lines; center lines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Vacation of streets. The vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.
§ 325-25 Zoning Map. [1]
A certified copy of the map entitled "Town of West Bend 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 Town Chairperson and Town Clerk and shall be available to the public in the office of the Town Clerk. Changes, thereafter, to the zoning districts, shall not become effective until entered and attested on the certified copy.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 325-26 R-1N Neighborhood Residential District.
A.
Purpose and characteristics.
(1)
The R-1N Residential District is intended to provide for new or existing single-family residential uses in conservation developments or minor land divisions, existing single-family residential uses in conventional developments, and existing agricultural uses.
(2)
Conservation developments protect the existing character of an area and allow for smaller residential lots clustered together. Conservation developments also provide common open space linked throughout the development. Such development is consistent with the Town's Comprehensive Plan[1] goals, which include the preservation of the natural landscape and quality of life as priorities in the future development of the Town. New conservation developments may be allowed only as a planned development district.
B.
Permitted uses. Please refer to Appendixes A and B.[2]
[2]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
Design process and standards for conservation developments. The following is the site design, review and approval process for conservation developments. The site developer should follow the process listed below as well as any additional requirements as deemed appropriate by the Zoning Administrator or Plan Commission:
(1)
Create an environmental and cultural resources diagram for the site and surrounding area that identifies all existing environmental and cultural features and possible new common open space features to be created on the site. The analysis must include all county, state, and federally protected areas such as wetlands, lakes and streams. A minimum of 30% common open space is required for all conservation developments.
(a)
Existing natural environmental and cultural features to be identified and mapped, as applicable:
[1]
Primary environmental corridors, secondary environmental corridors, and isolated natural resource areas [as identified by the Southeastern Wisconsin Regional Planning Commission (SEWRPC)].
[2]
Environmental conservancy district areas as shown on the Land Use Plan Map in the Town Comprehensive Plan.
[3]
Wetlands, including seventy-five-foot buffer along wetland edges.
[4]
Lakes and streams, including a seventy-five-foot buffer from the ordinary high water mark.
[5]
100-year floodplains and floodways.
[6]
Drainage ways, including a twenty-five-foot buffer.
[7]
Depth to groundwater.
[8]
Soil series, types and phases, as mapped by the U.S. Department of Agriculture.
[9]
Site topography.
[10]
Geologic formations including rock outcroppings, cliffs and glacial features such as eskers, kames, drumlins, and kettles.
[11]
Ridgelines and watershed boundaries.
[12]
Woodlands, as defined by SEWRPC.
[13]
Prairie habitat areas of rare species and natural communities recorded in the Wisconsin Natural Heritage Inventory (NHI).
[14]
Class I, II, or III wildlife habitat areas identified by SEWRPC.
[15]
Slopes of 12% or greater.
[16]
Prime agricultural land, as defined by SEWRPC.
[17]
Farmland contiguous to existing farmland in neighboring parcels.
[18]
Farmstead clusters, including agriculturally related outbuildings.
[19]
Historic buildings or structures identified by the Wisconsin Architecture and History Inventory (WAHI) or other buildings of local cultural significance.
[20]
Inventoried historic or prehistoric archeological sites.
[21]
Existing roads, paving, buildings, utilities, easements, boundaries, planned land uses and zoning on and adjacent to the site.
[22]
Additional land conditions on and adjacent to the property according to general land cover type, including cultivated land, permanent grass land, meadow, pasture, prairie, hedgerows, etc.
(b)
Other possible areas to be created as common open space (See § 325-160, "common open space" definition for descriptions):
[1]
Countryside views.
[2]
Environmental preserves.
[3]
Environmental restoration.
[4]
Parkway landscapes.
[5]
Traditional farmsteads.
[6]
Cultivated fields and pastures.
[7]
Orchards.
[8]
Trail corridors and walkways.
[9]
Scenic drives.
[10]
Equestrian common open spaces and features.
[11]
Forestation areas.
[12]
Neighborhood parks and squares.
[13]
Play areas.
[14]
Landscaped boulevards.
[15]
Landscaped cul-de-sac islands.
[16]
Gateway features.
[17]
Ornamental and display gardens.
[18]
Community gardens and greenhouses.
[19]
Other significant common open space features.
(2)
Review the Environmental and Cultural Resources Diagram and visit the site with Town representatives to evaluate important site features. The Town may require that a qualified ecologist, engineer, or land planner be included as part of the review.
(3)
Establish an agreement between all parties as to what is valuable and should be preserved and/or created.
(4)
Create a common open space diagram with items on the site to be preserved and/or created for Plan Commission review and acceptance.
(5)
Present the common open space diagram to the Plan Commission for review and finalization of which common open space features to preserve and/or create.
(6)
Create three conceptual sketch diagrams using the accepted common open space diagram in consultation with the Zoning Administrator and other plan reviewers. All three sketch diagrams should retain the agreed upon common open space features to the largest extent possible and be acceptable development scenarios that the developer would be willing to pursue if approved. The following development design criteria should be used when creating the conservation development concepts:
(a)
Protect important existing environmental and cultural resources. Protect all existing Town, county, state, and federally regulated environmental and cultural resources and all other significant existing environmental and cultural resources identified on the accepted common open space diagram.
(b)
Integrate common open space features into the design.
[1]
Arrange the overall neighborhood design so as to create attractive and meaningful recreational, scenic and gathering areas for general public as well as the private development. Locate significant open spaces so they can be enjoyed by all residents without intruding upon the privacy of others. A minimum of 30% common open space is required for all conservation developments.
[2]
Organize open space features so they feel like common areas rather than mere extensions of the private lots. Place open spaces so that they can be accessed by the entire neighborhood. Place significant common spaces at the fronts or sides of properties and adjacent to neighborhood roadways and link these common areas with trails and pathways.
(c)
Locate houses to minimize disruption to the natural character.
[1]
Locate houses such that:
[a]
The houses are sited around open spaces that include natural environmental areas, fields, woodlands, pastures, or farmland.
[b]
The houses are grouped together in ways that create large, clear naturally landscaped areas between groups of houses.
[c]
The houses will be visually overshadowed by important natural features such as woodlands, hedgerows, hills, or other key features of the landscape.
[2]
Locate houses so as to minimize the length of time the house is visible to drivers on public roads. Do this by placing houses behind landscape elements or natural features that reduce visibility of the house. Minimize the degree to which houses are prominently featured on ridges and hilltops, especially when they are visible to other houses and the public roads. (See Article XI for specific landscape requirements for buffer areas.)
(d)
Preserve and integrate landscape elements. Try to make the groups of houses seem like separate developments intertwined by a continuous system of landscape elements and natural features. Use landscape elements (fields, hedgerows, woodlands) as separations between groups of houses. Landscape elements should include varied plant species and maintain the natural, rural character of the Town. Naturalized landscape areas (including berms) should not be mowed, except for the purpose of annual maintenance.
(e)
Group houses together. Groupings of four to five units are preferable, but larger groupings (perhaps as many as eight units) could be satisfactory if there are larger open spaces and natural areas around and between them.
(f)
Connect the landscaping. Extend and connect the existing natural areas and environmental corridors with new plantings and landscaping that match the existing plantings and landscape. Create continuous landscape edges along public roads and between groups of houses using mixtures of species that create a varied image as the seasons change.
(g)
Link trail systems. Link natural features between parcels with a trail system which continues throughout the Town. Create features of culs-de-sac. Minimize the use of culs-de-sac except where necessary to preserve a natural feature. Include planting in the cul-de-sac and create formal shapes to provide a front "green" for the surrounding homes.
(h)
Road design. Design roads (and adjacent landscapes) so as to minimize a) the number of houses that are seen from roads, and b) the length of time houses are seen from the road. When houses are visible from roads, try to create compact groups with clear open or natural areas between the groups. Where feasible, design roads with straight alignments that are aimed at natural vistas with no buildings in them. Use curves to slow traffic naturally, rather than to accommodate increased speed.
(i)
Include scenic drives. Encourage the creation of scenic drives where houses are located only on one side of a road and natural landscapes are preserved on the other side. Preserve existing scenic drives in order to protect the natural character of the neighborhood.
(j)
Create walking and hiking trails. Create walking and hiking trails that are adjacent to public roads and act as buffers to residential uses. Integrate walking and hiking trails with the geometry and pattern of roads.
(7)
Provide the three conceptual sketch diagrams to the Plan Commission for review and possible conceptual approval. The Plan Commission may evaluate these alternatives according to the following criteria:
(a)
The degree to which the common open space diagram has been integrated into the overall site design.
(b)
The degree to which the conservation development design criteria have been integrated into the overall site design.
(c)
The degree to which the site design conforms to the dimensional and minimum open space requirements and allowable number of units as described in this section.
(8)
The Plan Commission shall review the three conceptual sketch diagrams and take one of the following actions:
(a)
Approve one of the three conceptual sketch diagrams as presented.
(b)
Approve one of the three conceptual sketch diagrams with conditions. The applicant shall make appropriate revisions and present a revised diagram to the Plan Commission.
(c)
Deny approval of all three conceptual sketch diagrams. The applicant may develop additional concepts for Plan Commission review.
(9)
Prepare preliminary and final plats for Town approval based on the approved conceptual sketch diagram. Work with the Zoning Administrator and reviewers to translate approved conservation development design into final plans.
F.
Calculation of allowable number of units in conservation developments. To determine the allowable number of units, the following steps shall be taken:
(1)
Determine the total acreage of the site.
(2)
Determine the total acreage of common open space to be preserved or created as agreed upon during the design process. A minimum of 30% common open space is required for all conservation developments. One additional unit will be awarded for every 2.5 acres of designated common open space preserved or created beyond the 30% minimum common open space.
(3)
Add the total acreage of the site to the additional acreage of common open space to be saved beyond the 30% minimum required. Divide this number by 2.5 (acres) to determine the allowable number of units on the site.
(a)
Use the following formula for calculating the allowable number units:
Allowable Number of Units = Total Site Area + Additional Common Open Space Area Saved (>30%) ÷ 2.5 |
(b)
Example:
Total site area = 100 acres |
Required 30% common open space area to be saved = 30 acres |
Additional common open space area to be saved beyond 30% = 15 acres |
Total common open space area to be saved = 45 acres |
Allowable number of units = (100 + 15)/2.5 = 46 units |
Note: This represents a "bonus" of six units for the additional 15 acres of common open space area saved. |
(c)
The following table gives the range of the allowable number of units for a 100-acre parcel:
Total Site Area (acres) | 100 | ||||||||||
Common open space area saved in acres | >50 | 50.0 | 47.5 | 45.0 | 42.5 | 40.0 | 37.5 | 35.0 | 32.5 | 30.0 | 30% min. common open space |
Maximum allowable number of units | * | 48 | 47 | 46 | 45 | 44 | 43 | 42 | 41 | 40 | |
* | Preserving beyond 50 acres would be permissible, but the number of lots possible is restricted by the amount of acreage available. |
Note: The total number of buildable units that are feasible on any parcel will vary depending on several factors, including but not limited to the following: the location and size of wetlands, streams or lakes, soil type, site topography, average lot size, total road area, and general creativity of the designer. When calculations yield numbers with decimals, the allowable number of units shall be rounded down to the nearest whole number. | |
G.
R-1NC conservation development site dimensional standards. See Appendix C.[4]
[4]
Editor's Note: Appendix C is included as an attachment to this chapter.
H.
R-1N existing conventional development and minor land division site dimensional standards. See Appendix C.[5]
[5]
Editor's Note: Appendix C is included as an attachment to this chapter.
I.
Ownership of common facilities and common open space in conservation type developments. The following methods may be used, either individually or in combination, to own common facilities and common open space:
(1)
Homeowners' association. Common facilities and open space shall be held in common ownership as undivided proportionate interests by the members of the association. The homeowners' association shall be governed according to the following:
(a)
The applicant shall provide to the Town a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for the common areas.
(b)
Membership in the association shall be mandatory for all purchasers of lots.
(c)
The members of the association shall share equitably the costs of maintaining and operating the common facilities and common space.
(d)
The association shall have or hire adequate staff to maintain the common facilities and common space.
(e)
The association is responsible for the maintenance of the common facilities and open space. In the event the association does not maintain the common properties, the Town may maintain or have the common properties maintained and assess the association members as necessary.
(f)
The association shall hold a conservation easement or deed restriction on the common open space land and common facilities to protect them from development.
(g)
The association shall provide for proper maintenance of shared septic systems and common open space areas, including, but not limited to, review of installation and ongoing repair, modification and maintenance.
(h)
The Town shall have the authority to special assess landowners for the preservation, restoration, or maintenance of shared septic systems and common open space features which are deemed by the Town Board to be noxious, hazardous, or a nuisance to the general public welfare.
(2)
Transfer of ownership.
(a)
Transfer of easements to a private or public conservation organization is acceptable if approved by the Town Board.
(b)
Ownership may be retained by the original landowner if the Town and residents of the development hold conservation easements on the land, protecting it from any further development.
(3)
Leasing of conservation land. Common open space land may be leased to another person or entity for the use, operation and maintenance if it is approved by the Town Board, and provided that:
(a)
The residents of the development shall have access to the leased lands at all times, except in the case of lease of agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the land.
(b)
The land to be leased shall remain as mainly undeveloped open space, whose character and uses are compatible with the overall goals and rural character of the Town and this chapter.
(c)
Lease agreements shall be recorded in the office of the County Register of Deeds within 30 days of execution, and a copy shall be provided to the Town of West Bend.
(4)
Land stewardship plan.
(a)
A land stewardship plan shall be prepared by a qualified landscape architect or ecologist describing the restoration, preservation and maintenance goals and methods for all common open space areas and features.
(b)
The land stewardship plan goals and methods should be implemented by a qualified landscape or ecological restoration organization.
(c)
The land stewardship plan must, at minimum, be updated every five years to reflect changing conditions.
(d)
Copies of the original and updated land stewardship plans shall be provided to the Town.
(e)
In the event the association does not implement and/or update the land stewardship plan, the Town will implement and/or update the plan and assess the association and/or association members as necessary.
(5)
Rezoning. Common open space land may be rezoned to the P-1 Public and Private Park District, provided it is desired by the landowners and approved by the Town Board.
J.
Minor land division.
(1)
Parcels containing at least five acres at the time of a minor land division may be so divided into one or more single lots of 1.5 acres' minimum size, with a density not to exceed one unit per 2.5 acres, by a certified survey map (CSM) complying with Chapter 310, Subdivision and Land Development, and Ch. 236, Wis. Stats.
(2)
As part of the land division approval process, the applicant shall identify and map all existing site and adjacent natural environmental and cultural features as listed in § 325-26E(1). To the greatest extent possible, those significant environmental and cultural resources identified for preservation by the Plan Commission and Town Board or other relevant sections of this chapter or other ordinances shall be protected during any subsequent land division, development, or construction activities.
(3)
That area of land that is located within the Environmental Corridor Overlay District shall be excluded from the density calculation.
(4)
A prior minor land division of an original parcel under this subsection may be modified, provided that all of the following conditions are met:
(a)
All lots created from the original parcel shall collectively meet the required density calculation.
(b)
The certified survey map modifying the division depicts as parcels the new lot(s) and all of the original parcel, and clearly states the density calculation illustrating the total number of lots that may be created from the original parcel.
(5)
Certified survey maps shall be recorded in the Washington County Registry currently located in the office of the Register of Deeds of Washington County, Wisconsin, and a notation shall be made on the Zoning Map maintained under § 325-25,[6] cross referenced to a statement on the face of the CSM: "Density Limits, see CSM."
[6]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
K.
Impervious surface area. The maximum impervious surface area on a lot located outside of a designated shoreland zoning area shall be 20%.
§ 325-27 R-1R Rural Residential District.
A.
Purpose and characteristics.
(1)
The R-1R Rural Residential District is primarily intended to provide for new or existing single-family residential uses in conservation developments or minor land divisions, existing single-family residential uses in conventional developments and existing agricultural uses.
(2)
Conservation developments protect the existing character of an area, and allow for smaller residential lots clustered together. Conservation developments also provide common open space linked throughout the area. Such development is consistent with the Town's Comprehensive Plan goals, which include the preservation of the natural landscape and quality of life as priorities in the future development of the Town. New conservation developments may be allowed only as a planned development district.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
F.
Calculation of allowable number of units in conservation developments. To determine the allowable number of units, the following steps shall be taken:
(1)
Determine the total acreage of the site.
(2)
Determine the total acreage of common open space to be preserved or created as agreed upon during the design process. A minimum of 30% common open space is required for all conservation developments. One additional unit will be awarded for every 3.5 acres of designated common open space preserved or created beyond the 30% minimum common open space.
(3)
Add the total acreage of the site to the additional acreage of common open space to be saved beyond the 30% minimum required. Divide this number by 3.5 (acres) to determine the allowable number of units on the site.
(a)
Use the following formula for calculating the allowable number units:
Allowable Number of Units = Total Site Area + Additional Common Open Space Area Saved (>30%) ÷ 3.5 |
(b)
Example:
Total site area = 100 acres |
Required 30% common open space area to be saved = 30 acres |
Additional common open space area to be saved beyond 30% = 15 acres |
Total common open space area to be saved = 45 acres |
Allowable number of units = (100 + 15)/3.5 = 32 units |
Note: This represents a "bonus" of four units for the additional 15 acres of common open space area saved. |
(c)
The following table gives the range of allowable number of units for a 100-acre parcel:
Total Site Area (acres) | 100 | ||||||||||
Common open space area saved in areas | >50 | 50.0 | 47.5 | 45.0 | 42.5 | 40.0 | 37.5 | 35.0 | 32.5 | 30.0 | 30% min. common open space |
Maximum allowable number of units | * | 34 | 33 | 32 | 32 | 31 | 30 | 30 | 29 | 28 | |
* | Preserving beyond 50 acres would be permissible, but the number of lots possible is restricted by the amount of acreage available. |
Note: The total number of buildable units that are feasible on any parcel will vary depending on several factors including but not limited to the following the location and size of wetlands, streams or lakes, soil type, site topography, average lot size, total road area, and general creativity of the designer. When calculations yield numbers with decimals, the allowable number of units shall be rounded down to the nearest whole number. |
G.
R-1RC conservation development site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
H.
R-1R existing conventional development and minor land division site dimensional standards. Please refer to Appendix C.[3]
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
I.
Ownership of common facilities and common open space. Please refer to § 325-26I for ownership of common facilities and common open space.
K.
(Reserved)
§ 325-28 R-1S Shoreland Residential District.
A.
Purpose and characteristics. The R-1S Shoreland Residential District is primarily intended to provide for single-family residential uses within the three historic lake communities of the Town. These areas are composed of properties both on and off of the lakeshore, some of which have been in existence for many years prior to the adoption of this chapter. The intention of this district is to preserve the existing lakeside charm and appeal of these communities, protect the water quality of the lakes and allow property owners to maintain and improve their properties. To that end there are several requirements and recommendations for building and site work within the district.
B.
Lot types.
(1)
The district is comprised of existing lots in a variety of irregular sizes and configurations that were platted prior to the existence of zoning standards and that in many cases do not meet current dimensional standards.
(2)
For the purposes of this district, lots that were a lot of record with the Washington County Register of Deeds on April 1, 1986, are considered "existing lots." In addition, lots that were subsequently altered by the combination of or addition to those existing lots by certified survey map, metes and bounds description, or other approved method shall be considered existing lots for the purpose of this section. In no case can the combined or altered existing lots result in a lot of reduced lot area or lot width unless the resulting lot meets the current standards for "new lots" under this section.
(3)
Lots that were created out of larger parcels and that were recorded after April 1, 1986, are considered "new lots." The standards for each of these categories of lots are given in this section and in other relevant sections of this chapter.
(4)
Also, for the purposes of this district "lakeshore lots" are those lots which have at least one shore yard frontage.
B1.
Any principal and accessory structures present on existing lots as of April 1, 1986, are considered to be conforming structures. Structures built or structurally altered after that date must conform to the standards of this district and other standards of this chapter or an approved conditional use permit.
C.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
D.
(Reserved)
E.
(Reserved)
F.
Limitations. In addition to the Town Code, refer to federal, state, and county ordinances that regulate land and structures around wetlands and water bodies.
G.
R-1S site dimensional standards - existing lots. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
H.
R-1S site dimensional standards - new lots. Please refer to Appendix C.[3]
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
§ 325-29 R-1S/MU Shoreland Residential/Mixed-Use District.
A.
Purpose and characteristics.
(1)
The Shoreland Residential/Mixed Use District consists of shoreland uses that are contained within the historic lakeshore community, including rental cottages, lodging accommodation, hotel rooms, tavern and/or restaurant facilities, or owner-occupied housing operated in a long-standing, uninterrupted manner as businesses licensed by the State of Wisconsin, Department of Agriculture, Trade and Consumer Protection, pursuant to Ch. 97, Wis. Stats., and Chs. ATCP 72 and 75, Wis. Adm. Code.
(2)
This district is comprised of properties both on and off of the lakeshore that have been in existence for many years prior to the adoption of this chapter. The intention of this district is to allow the continued operation of these long-standing resorts, protect the character of surrounding residential neighborhoods, protect the aesthetic and environmental quality of the lakes, while still allowing property owners to adequately maintain and improve their current operations. To that end, there are several requirements and recommendations for building and site work within the district. These standards are given in this section and in other sections of this chapter.
(3)
New properties shall not be rezoned into this district unless they are an expansion of an existing use or business in the R-1S/MU District as of the adoption date, and it can be shown that in doing so adjacent landowners and the community as a whole are not adversely impacted by the rezoning. In addition, there should be no major redevelopment of the existing properties that would substantially increase the intensity or use of the existing business enterprises.
(4)
Principal and accessory structures present as of April 1, 1986, are considered to be conforming structures. Structures built or structurally altered after that date must conform to standards of this district and other standards of this chapter or an approved conditional use permit.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
Limitations. In addition to the Town Code, refer to federal, state, and county ordinances that regulate land and structures around wetlands and water bodies.
F.
R-1S/MU site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
§ 325-30 B-1 Commercial/Mixed-Use District.
A.
Purpose and characteristics. The B-1 Commercial/Mixed-Use District is intended to provide for the orderly and attractive business development in appropriate locations along arterial highways in the Town, which can provide the necessary infrastructure and services. The B-1 Commercial/Mixed-Use District is also intended to provide for business and commercial service establishments which serve the general retail needs of the Town, as well as establishments which are locally related to and dependent upon highway traffic or designed to serve the needs of such traffic. Such business development should provide ample off-street parking and loading areas, safe vehicular access to the arterial highway system, landscaping and development character and intensity of use, which is compatible with the rural character of the Town.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
B-1 Site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
F.
(Reserved)
§ 325-31 B-2 Commercial/Mixed-Use District.
A.
Purpose and characteristics. The B-2 Commercial/Mixed-Use District is intended to provide for orderly and attractive business development in appropriate locations which are compatible with residential development and does not exhibit intense activity of other business districts. The B-2 Commercial/Mixed-Use District is also intended to provide for business and customer service establishments which serve the general retail needs of the Town. Such business development should provide ample off-street parking and loading areas, safe vehicular access to the arterial highway system, landscaping and development character and intensity of use, which is compatible with the rural character of the Town.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
B-2 site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
F.
(Reserved)
§ 325-32 M-1 Industrial District.
A.
Purpose and characteristics. The M-1 Industrial District is intended to provide for the orderly development of manufacturing or industrial operations which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the Town 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. Uses which are generally perceived as being of a nuisance nature or considered to be a hazard to human life should not be permitted as a matter of right, but permitted only as conditional uses after careful study and review. Listed conditional uses should not normally abut directly upon residential districts.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
M-1 site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
F.
(Reserved)
§ 325-35 P-1 Public and Private Park District.
A.
Purpose and characteristics. The P-1 Public and Private Park District is intended to provide areas where the park, recreational, and open space needs, both public and private, of the Town of West Bend can be met without undue disturbance or degradation of the natural resources and uses of adjoining districts. In addition, the district is intended to preserve and protect lands held by public interest groups, not-for-profit organizations, institutions or recreational organizations. Land uses within the district should promote planning and design which preserves and protects the environmental, cultural, historic and recreational resources and which recognizes that the natural environment is an integral system to the basic activity of the land use. The district allows for low-intensity improvements that support the purpose of the organizations or land use and also preserves or enhances the rural, recreational and environmental character of the Town of West Bend.
B.
Permitted uses. Please refer to Appendixes A and B.[1]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
C.
(Reserved)
D.
(Reserved)
E.
Limitations. In addition to the Town Code, refer to federal, state, and county ordinances that regulate the land and structures in and around water bodies.
F.
P-1 site dimensional standards. Please refer to Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
G.
(Reserved)
§ 325-37 Permitted uses, permitted accessory uses, and conditional uses by district.
A.
General purpose zoning districts. For the purposes of this chapter, land uses, as defined in Appendix B, are classified as principal, accessory, or temporary. Appendix A lists principal land uses (Series 1 to 11), accessory uses (Series 12 - 14), and temporary uses (Series 15). Each of the land uses are designated as one of the following:[1]
(1)
"P" indicates that the use is permitted in the zoning district by right provided all other provisions of this chapter are met.
(2)
"C" indicates that the use is allowed in the zoning district as a conditional use provided all other provisions of this chapter are met.
(3)
"WES" indicates that the use is subject to the special review standards and procedures for wind energy systems.
(4)
"TFR" indicates that the use is subject to the special review standards and procedures for wireless telecommunication facilities.
[1]
Editor's Note: Appendixes A and B are included as attachments to this chapter.
B.
Similarity of land uses. Because the list of land uses cannot include every conceivable type of activity, those land uses that are listed shall be interpreted to include other land uses that are of a similar nature and have similar impacts to the listed use.
C.
Land uses not listed. A land use that is not listed, and which cannot be interpreted to be similar to any listed land use as provided for above, is prohibited. In the event a person would like to establish a land use that is not listed, they can submit a petition to amend the Zoning Code pursuant to the procedures and requirements in this chapter.
D.
Projects classified in more than one land use category. If a proposed project includes both an allowable land use and a prohibited land use, the prohibited portion of the project may not occur in the zoning district.
§ 325-37.1 Environmental Corridor Overlay District.
A.
Legislative findings. The Environmental Corridor Overlay District is established to promote the public health, safety, and welfare and is intended to:
(1)
Retain existing woodlands to the extent possible while retaining development potential;
(2)
Maintain property values by improving and preserving the aesthetic appeal of the Town through tree regulation;
(3)
Reduce the amount of erosion in the Town due to tree removal; and
(4)
Protect the quality of the waters of the state and the Town.
B.
Boundary of District. The Environmental Corridor (EC) Overlay District includes those lands designated as 1) primary environmental corridor (PEC), 2) secondary environmental corridor (SEC), and 3) isolated natural resource area (INRA) by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) in its mapping for 2020.[1]
[1]
Note: Based on SEWRPC mapping criteria, primary environmental corridors are at least 400 acres in area, at least two miles in length, and at least 200 feet in width; secondary environmental corridors are at least 100 acres in area and at least one mile in length; and isolated natural resource areas are other significant natural resources at least five acres in area and at least 200 feet in width.
C.
Map updates. In the event SEWRPC updates the mapping of any of the above areas, the Town should evaluate the new maps and determine if the newly mapped areas should be adopted as an amendment of the Zoning Map consistent with the procedures and requirements in Article XIII.
D.
Boundary interpretation. Where questions arise as to the exact location or boundary of an environmental corridor overlay district, the Zoning Administrator is authorized to use his or her best judgment to establish the boundary of the district. If the location of the district is not readily evident to the Zoning Administrator, he or she should request a field investigation by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) staff biologist or his or her designee.
E.
Zoning Map revisions. If the Zoning Administrator or SEWRPC staff determine that the area in question was incorrectly mapped as an environmental corridor, this section does not apply to such area. As soon as is practical after such determination, the Zoning Administrator should submit an application to amend the Zoning Map.
F.
Tree cutting and shrubbery clearing. Tree cutting and shrubbery clearing for the purpose of development, construction or changing land use from wildlife or wood lot management requires review and approval by the Plan Commission and shall be so regulated as to prevent erosion and sedimentation and promote preservation of scenic and other aesthetic and environmental qualities.
(1)
Tree cutting and shrubbery clearing for building and site development, access roads, parking areas and path and trail construction shall not exceed 20% of the existing trees, shrubbery or underbrush on the lot or tract unless otherwise approved by the Plan Commission.
(2)
Tree cutting and shrubbery clearing areas shall not exceed the following dimensions unless otherwise approved by the Plan Commission:
(a)
Paths and trails: 10 feet in width.
(b)
Driveways: 30 feet in width or five feet beyond the edge of pavement (whichever is less).
(c)
Roads: 60 feet in width or 15 feet beyond the edge of the paving (whichever is less).
(d)
Parking areas: 70 feet in width or five feet beyond the edge of the paving (whichever is less).
(e)
Homes and other principal structures: 40 feet beyond the edge of the roof.
(f)
Garages and other accessory structures: 20 feet beyond the edge of the roof.
(3)
All structures and site features shall be so designed and constructed as to result in the least removal and disruption of woodland cover and the minimum impairment of natural beauty.
(4)
All deciduous trees five inches or larger in caliper or coniferous trees 10 feet in height or greater shall be preserved unless it is demonstrated to the satisfaction of the Plan Commission that they will unduly restrict development of the site.
(5)
All deciduous trees five inches or larger in caliper or coniferous trees 10 feet in height or greater destroyed during the development process which were not identified for destruction in the approved landscape plan shall be replaced.
(a)
Forestation, reforestation, or landscaping shall utilize a variety of tree species, and no species currently under disease epidemic shall be used. Species planted shall be hardy under local conditions and compatible with the local landscape.
(b)
Customary minor trimming, timber stand improvement, dead and diseased tree removal, and managed timber harvesting shall be permitted under the recommendation of a professional forester.
(c)
The Plan Commission may require a surety or assess a fee or other instrument to enable the Town to carry out land restoration work in the event of non-compliance with this regulation.
G.
Earth movements. Earth movements such as grading, topsoil removal, filling, road cutting, construction, altering or enlargement of waterways, removal of stream or lake bed materials, excavation, channel clearing, ditching, dredging, lagooning, and installation of soil and water conservation structures require review and approval by the Plan Commission, in addition to any permit required from the county, state or federal agency having jurisdiction. Earth movements shall be so regulated as to prevent erosion and sedimentation and to least disturb the natural flora, watercourse, water regiment, or topography.