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Windsor Village City Zoning Code

ARTICLE IV

- DISTRICTS

Sec. 52-50. - Purpose.

The area located within the jurisdiction of this [chapter] is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land uses within each district and to implement the officially adopted Village of Windsor Comprehensive Plans.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-51. - Zoning districts.

For the purpose of this [chapter], all areas within the jurisdiction of this Article are hereby divided into the following zoning districts:

CO-1 Conservancy District

RE-1 Recreational District

A-1 (EX) Exclusive Agriculture District

A-2 Agriculture District

A-3 Agriculture District

A-4 Small Lot Agriculture District

A-B Agriculture Business District

R-1 Single Family Residential District

R-2 Single Family Residential District

R-3 Single Family Residential District

R-4 Single Family Residential District

MF-2 Two-Family Residential District

MF-3 Multiple Family Residential District

ER Estate Residential District

CR Countryside Residential District

PUD Planned Unit Development

C-1 Limited Commercial District

C-2 General Commercial District

GI Governmental and Institutional District

NMO Nonmetallic Mining Operation

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-52. - Map of zoning districts.

Zoning districts established by this ordinance are shown on the official zoning map of the Village of Windsor, with all explanatory materials thereon, is hereby made part of this [chapter].

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-53. - Interpretation of zoning district boundaries.

The following rules shall be used to determine the precise location of any zoning district boundary shown on the official zoning map of the Village of Windsor:

(1)

Zoning district boundaries shown as following or approximately following the limits of any City, Village, Town or County boundary shall be construed as following such limits.

(2)

Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.

(3)

Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Village of Windsor or County of Dane Tax Maps shall be construed as following such lines.

(4)

Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

(5)

Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

(6)

Zoning district boundaries shown as separated from, any of the features listed in paragraphs (a) through (e), above, shall be construed to be at such distances therefrom as are shown on the official zoning map.

(7)

Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the official zoning map, the location of the line shall be determined by the Zoning Administrator.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-54. - CO-1 Conservancy District.

(1)

Statement of purpose. The purpose of the CO-1 Conservancy District is to protect, maintain, and enhance natural resource and open space areas. Limited permitted and conditional uses are offered, and regulation of these areas will serve to control erosion and promote the rural character and natural beauty of the Village while seeking to assure protection of areas with significant topography, natural watersheds, ground and surface water, wildlife habitat, recreational sites, archeological sites, and other natural resource characteristics that contribute to the environmental quality of the Village.

(2)

Permitted uses in the CO-1 Conservancy District.

(a)

Propagation and raising of game animals, fowl and fish.

(b)

The practice of silviculture, including the planting, thinning and harvesting of timber.

(c)

The harvesting of any wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

(d)

Pasturing/grazing of livestock, limited to one animal unit per each full acre.

(e)

Undeveloped natural resource and open space area.

(f)

Uses permitted within a shoreland—or inland—wetland district under ss. 11.07 and 11.08, Dane County Code. Pasturing of livestock is subject to the animal unit limitation in subsection (e), above.

(g)

Soil conservation, shoreland, wetland and ecological restoration practices with either an approved shoreland zoning permit under s. 11.04(3)(c), or an approved shoreland mitigation permit under s. 11.04(5)(a).

(h)

Nonresidential buildings or structures accessory to any permitted use provided any such building or structure is not located in a shoreland-wetland, or inland-wetland district.

(i)

Communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(3)

Conditional uses in the CO-1 Conservancy District.

(a)

The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas.

(b)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(c)

Soil conservation, shoreland, wetland and ecological restoration practices, other than those listed as permitted uses above.

(d)

The construction and maintenance of roads, railroads or utilities, provided that:

1.

The facilities cannot as a practical matter be located outside the CO-1 district; and

2.

Any filling, excavating, ditching, draining, land disturbance or removal of vegetation that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize adverse impacts upon the natural and ecological resources of the site.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-55. - RE-1 Recreational District.

(1)

Statement of purpose.

(2)

Permitted uses in the RE-1 Recreational District.

(a)

Recreational facilities including, but not limited to, golf courses and athletic facilities, golf driving ranges, tennis courts, archery ranges and baseball diamonds, provided that if located outside of a building they shall not be lighted to operate during the hours of darkness.

(b)

Boat, canoe and snowmobile rental services.

(c)

Communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(d)

Sale of bait for fishing.

(e)

Ski slopes and jumps, toboggan slides.

(f)

Residences for an owner or caretaker of a permitted use in the RE-1 Recreational District.

(g)

Uses incidental to the operation of any permitted use.

(h)

Utility services.

(3)

Conditional uses in the RE-1 Recreational District.

(a)

Recreational camps, campgrounds and camping resorts along with the services and facilities necessary to serve the premises. All such camps shall comply with the standards established in Wis. Admin. Code, chapters H 75 and H 78, or as amended.

(b)

Recreational facilities including, but not limited to, golf courses and athletic facilities, golf driving ranges, tennis courts, archery ranges and baseball diamonds, that are located outside of a building and are lighted to operate during the hours of darkness.

(c)

Rental of residential buildings to someone other than an employee or caretaker on the premises.

(d)

Sale of alcoholic beverages by the drink.

(e)

Skeet, trap, rifle and pistol ranges.

(f)

Private hunting and shooting preserves.

(g)

Governmental uses.

(h)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(4)

Building height limits.

(a)

Residential dwellings shall not exceed two and one-half stories or 35 feet.

(b)

Other buildings and structures shall not exceed four stories or 50 feet.

(5)

Area, frontage and population density regulations. A lot shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 20,000 square feet.

(6)

Setback requirements. Setbacks from front lot line or highway right-of-way shall comply with the provisions of subsection 52-21(1).

(7)

Side yard requirements.

(a)

For single family residences for an owner or caretaker of a permitted or conditional use on the premises, the minimum side yard shall be a minimum of ten feet.

(b)

For buildings used for other permitted or conditional uses, the minimum side yard shall be a minimum of ten feet except if the adjacent or abutting land is in a residence district, then the minimum side yard shall be a minimum of 50 feet.

(8)

Rear yard requirements.

(a)

For single family residences for an owner or caretaker of a permitted or conditional use on the premises, the minimum rear yard shall be a minimum of 25 feet.

(b)

For buildings used for other permitted or conditional uses, the minimum rear yard shall be a minimum of 25 feet except if the adjacent or abutting land is in a residence district, the minimum rear yard shall be a minimum of 50 feet.

(9)

Off-street parking. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2023-10, § 1, 6-15-2023)

Sec. 52-56. - A-1 (EX) Exclusive Agriculture District.

(1)

Statement of purpose. The A-1 (EX) Exclusive Agriculture District is designed to:

(a)

Provide for a wide range of agriculture and agricultural accessory uses, at various scales. The A-1 (EX) district accommodates as permitted uses all activities typically associated with the primary production and harvesting of crops, livestock, animal products or plant materials. Such uses may involve noise, dust, odors, heavy equipment, and use of chemicals and long hours of operation.

(b)

Allow for incidental processing, packaging, storage, transportation, distribution or other activities intended to add value to agricultural products produced on the premises or to ready such products for market. Such uses are conditional as they may have the potential to pose conflicts with agricultural use due to: volumes or speed of vehicular traffic; residential density; proximity to incompatible uses; environmental impacts; or consumption of agriculturally productive lands.

(c)

Allow for other incidental activities, compatible with agricultural use, to supplement farm family income and support the agricultural community.

(d)

Preserve productive agricultural land for food and fiber production.

(e)

Preserve productive farms by preventing land use conflicts between incompatible uses.

(f)

Maintain a viable agricultural base to support agricultural processing and service industries.

(g)

Reduce costs for providing services to scattered non-farm uses.

(h)

Pace and shape urban growth.

(i)

Meet the criteria for certification as a Farmland Preservation Zoning District under Wis. Stats. § 91.38.

(2)

Lands to be included within the A-1 (EX) Exclusive Agriculture District. This district is generally intended to apply to lands in productive farm operations including: lands historically exhibiting good crop yields or capable of such yields; lands which have been demonstrated to be productive for dairying, livestock raising and grazing; other lands which are integral parts of such farm operations; land used for the production of specialty crops such as mint, sod, fruits and vegetables; and lands which are capable of productive use through economically feasible improvements such as irrigation, and undeveloped natural resource and open space areas.

(3)

Permitted uses in the A-1 (EX) Exclusive Agriculture District.

(a)

Agricultural uses, except those uses listed as conditional uses below. Keeping of livestock is limited to one animal unit per each full acre on parcels smaller than five acres. There is no livestock limit on parcels five acres or larger. The acreage of contiguous parcels under the same ownership shall be counted together for the purpose of calculating animal units.

(b)

Agricultural accessory uses, except those uses listed as conditional uses in subsection 52-56(5), and subject to the limitations and standards below.

1.

Any residence lawfully existing as of February, 20, 2010 shall be considered a permitted use. Notwithstanding the provisions of sections 52-24 and 52-25 regarding nonconforming uses, such structure may be added to, altered, restored, repaired, replaced or reconstructed, without limitation, provided all of the following criteria are met:

a.

The use remains residential;

b.

The structure complies with all building height, setback, side yard and rear yard standards of this ordinance; and

c.

For replacement residences, the structure must be located within 100 feet of the original residence. Proposals for a replacement residence that would exceed the 100-foot limitation must be approved by the relevant village board.

2.

Rental of existing farm or secondary farm residences existing as of December 12, 2012, but no longer utilized in the operation of the farm.

3.

Agricultural entertainment activities, not to exceed 45 days per calendar year in the aggregate, including incidental preparation and sale of beverages and food. For any such activities planned or anticipated to have attendance of more than 200 persons at any one time during a day, an event plan addressing parking, proposed days of operation, ingress and egress, sanitation and other public safety issues shall be filed annually with the Planning and Zoning Specialist, Village Clerk, servicing fire department, emergency medical service provider, Dane County Sheriff's Department and any local law enforcement agency for such agricultural entertainment activities, at least 30 days prior to the start of any agricultural entertainment activities in each calendar year.

4.

Farm related exhibitions, sales or events such as auctions, dairy breakfasts, exhibitions of farm machinery and technology, agricultural association meetings and similar activities, occurring on five days in a calendar year or less.

5.

Small scale energy systems or electric generating stations, provided energy produced is used primarily on the farm.

(c)

Undeveloped natural resource and open space areas.

(d)

A transportation, utility, communication, or other use that is:

1.

Required under state or federal law to be located in a specific place, or;

2.

Is authorized to be located in a specific place under a state or federal law that specifically preempts the requirement of a conditional use permit including communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(4)

Conditional uses in the A-1 (EX) Exclusive Agriculture District.

(a)

Agricultural accessory uses: In addition to other requirements of this ordinance, the following uses must meet the definition of an agricultural accessory use under section 52-11.

1.

Farm residence, subject to subsection (5).

2.

Limited family businesses, that are entirely within an existing building, subject to section 52-28.

3.

Limited rural businesses that are operated by an owner or operator of the farm.

4.

A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in section 52-11 that employs no more than four full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

5.

Sale of agricultural and dairy products not produced on the premises and incidental sale of non-alcoholic beverages and snacks.

6.

The seasonal storage of recreational equipment and motor vehicles owned by private individuals other than those residing on the premises, such storage to be in existing accessory farm buildings. The storage of a dealer's inventory or the construction of any new buildings for storage is prohibited.

7.

Farm related exhibitions, sales or events such as auctions, dairy breakfasts, exhibitions of farm machinery and technology, agricultural association meetings and similar activities, occurring on more than five days in a calendar year.

8.

Agricultural entertainment activities exceeding 45 days per year, in aggregate.

9.

Horse boarding stables, riding stables, hay and sleigh rides, and horse training facilities, including the sale of bridles, saddles, grooming supplies and related items at a horse boarding or riding stable facility. Such uses must meet the definition and criteria for an agricultural accessory use under section 52-11, or a limited family business under section 52-11, or a limited rural business under section 52-11.

10.

Hobby kennel.

(b)

Governmental, institutional, religious, or nonprofit community uses.

(c)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses, not listed as a permitted use above including communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(d)

Asphalt plants or ready-mix concrete plants, that comply with Wis. Stats. § 91.46(5), for production of material to be used in construction or maintenance of public roads, to be limited in time to project duration.

(e)

Small scale electric generating stations, meeting the requirements of Wis. Stats. § 91.46(4), and listed as a permitted use in subsection 52-56(4).

(f)

Processing facility or site per subsection 52-33(1)(b).

(5)

Conditional use permits for residences in the A-1 (EX) Exclusive Agriculture District.

(a)

Application. The following information must be submitted with a conditional use permit application for a farm residence in the A-1 (EX) Exclusive Agriculture District:

1.

Written description of the farm operation. The description should include the following details:

a.

Location of the farm.

b.

Size of the farm operation in acres.

c.

Crops grown and/or livestock raised.

d.

Number of employees, if any, in addition to farm family members.

e.

Summary of farm income derived from the farm operation.

2.

Completed IRS form "Schedule F—Profit or Loss from Farming," or subsequent IRS form for reporting farm profit or loss, for the past three tax years.

3.

Farm conservation plan obtained from the Land Conservation Division of the Dane County Land and Water Resources Department. All active farms in Dane County have a farm conservation plan detailing the types/location of crops grown, and any on-farm conservation measures (e.g., grass drainage swales, buffer strips, etc.)

4.

Map/site plan with aerial photograph showing the farm ownership boundaries. The map should clearly identify the location of the proposed new farm residence and driveway access.

(b)

Permit conditions.

1.

The Planning and Zoning Specialist shall include a "sunset" provision on any CUP for a residential use issued after December 17, 2009 in the A-1EX District stating that the CUP shall expire upon sale of the property to an unrelated third party. Upon sale of the property to an unrelated third party, a new conditional use permit or rezoning application must be filed.

2.

Any conditional use permit found to be in violation of this section may be revoked by the Planning and Zoning Specialist, and a zoning change to an appropriate residential district shall be required to bring the property and residential use into compliance with the provisions of this chapter.

3.

The Planning and Zoning Specialist shall require the recording of a notice document with the Register of Deeds on the subject property notifying current and future owners of the provisions of paragraphs 1. and 2. of this section.

(6)

Conditional use standards in the A-1 (EX) Exclusive Agriculture District. In addition to the requirements of subsection 52-101(5), the Planning and Zoning Specialist must find that the following standards are met before issuing any conditional use permit in the A-1 (EX) Exclusive Agriculture District.

(a)

The use and its location in the A-1 (EX) Exclusive Agriculture District are consistent with the purposes of the district.

(b)

The use and its location in the A-1 (EX) Exclusive Agriculture District are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

(c)

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

(d)

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(e)

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(7)

Building height limits.

(a)

Residential dwellings shall not exceed two and one-half stories or 35 feet in height.

(b)

Accessory structures shall not exceed 35 feet in height.

(c)

For agricultural accessory structures there is no limitation on height.

(8)

Area, frontage, and population density regulations. The minimum lot size is 35 acres. Lots less than 35 acres may be permitted per the following requirements:

(a)

The lot shall be a minimum of 150 feet in width at the building setback line and have a minimum area of one acre.

(b)

The lot is contiguous to another lot at least 35 acres in size also zoned A-1(EX) and under the same ownership.

(c)

A conditional use permit for a farm residence per subsection 52-56(5) is granted for the lot.

(d)

Creation of the lot shall count toward the maximum density of one residential dwelling unit per 35 acres per the agricultural preservation land use category in the Village Comprehensive Plan.

(e)

A deed restriction shall be recorded on the property with the Dane County Register of Deeds requiring the property to be rezoned per subsection 52-56(12) prior to sale of the property independently of the adjacent 35+ acre A-1(EX) property(ies) under the same ownership.

(f)

Livestock limits shall be the same as the A-2 Agriculture District.

(9)

Setback requirements. No building, including barns and other farm buildings of any description whatsoever, shall be erected, moved or structurally altered so as to be nearer the highway than is prescribed by subsection 52-21(1).

(10)

Side and rear yard requirements.

(a)

Side yards for residential dwellings and residential accessory structures shall be the same as the R-1 Single Family Residential District.

(b)

Accessory structures for housing livestock including cages and hives shall be located at least:

1.

Fifty feet from an R-1, R-2, R-3, R-4, MF-2, MF-3, or ER Residential District, except with respect to existing structures when the residence district has been created for an existing farm residence or by separating a farm residence from a farm property and the separated parcel has been rezoned to a residence district after or at the time of the division; and

2.

Ten feet from all other zoning districts.

(c)

Agricultural accessory structures such as barns, silos, sheds and other structures related to a permitted agricultural or agricultural accessory use shall be located at least ten feet from the lot line.

(11)

General provisions applicable to the A-1 (AE) Exclusive Agriculture District. In addition to the conditions provided for in article III the following additional conditions shall apply:

(a)

Any lot or parcel shown in a preliminary subdivision plat or a certified survey map which was received for review by the agency prior to the effective date of A-1 Exclusive Agriculture zoning, was approved and recorded, shall have the same status as pre-existing lots as defined in section 52-24.

(b)

Residential and residential accessory structures on parcels of less than two acres in the A-1 (EX) Exclusive Agriculture District shall comply with the standards of section 52-63.

(c)

Any residential building or its accessory structure that is located on a substandard parcel as defined herein and which is destroyed by fire, explosion, act of God or act of public enemy may be rebuilt provided the locational requirements of the R-1 Single Family Residential District are complied with.

(d)

The provisions of subsection 52-20(5) pertaining to real estate offices do not apply to lands in this district.

(12)

Rezoning of land in the A-1 (EX) Exclusive Agriculture District. No land in the A-1 (EX) Exclusive Agriculture District shall be rezoned except in accordance with Wis. Stats. § 91.48.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2022-04, § 1(Exh. A), 2-3-2022; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-57. - A-2 Agriculture District.

(1)

Statement of purpose. The A-2 Agriculture District is designed to provide for low density land uses compatible with agricultural and other rural uses and to accommodate agricultural uses on parcels of less than 35 acres.

(2)

Permitted uses in the A-2 Agriculture District.

(a)

Agricultural uses. The keeping of livestock is limited to one animal unit per each full acre on parcels smaller than 16 acres. There is no livestock limit on parcels 16 acres or larger.

(b)

Communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(c)

Single family detached residences.

(d)

Utility services.

(e)

Home occupations as defined in section 52-11.

(f)

Accessory structures.

1.

Accessory structures include private garages and buildings clearly incidental to a permitted use of the premises. Such buildings shall not be used for residential purposes. The building shall not be used for the storage of goods or merchandise considered to be a dealer's inventory or for storage of machinery or equipment used off of the premises for other than agricultural purposes.

2.

Accessory structures may be built on parcels of land in the A-2 Agriculture District without the necessity of there being a residence on the property.

(3)

Conditional uses in the A-2 Agriculture District.

(a)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(b)

Dumping grounds, sanitary landfill sites, demolition material disposal sites and incinerator sites shall also comply with Wis. Stats. § 60.72. and shall meet the minimum standards as adopted by the State Department of Natural Resources.

(c)

Cemeteries.

(d)

Airports, landing strips or landing fields together with accessory structures.

(e)

Religious uses.

(f)

Salvage recycling centers.

(g)

Solid waste recycling centers.

(h)

Dependency living arrangements.

(i)

Governmental uses.

(j)

Native wildlife rehabilitation facilities.

(k)

Parking or storage of not more than two trucks, semi-tractors or semi-trailers which have a gross vehicle weight of over 12,000 lbs.

(l)

Limited family businesses subject to section 52-28.

(m)

Schools.

(n)

Hobby kennel, horse boarding stables, riding stables, hay and sleigh rides, horse shows and similar events.

(o)

Livestock exceeding one animal unit per each full acre on parcels between two and 16 acres.

(p)

Sale of agricultural and dairy products not produced on the premises and incidental sale of pop and candy.

(q)

The seasonal storage of recreational equipment and motor vehicles owned by private individuals other than those residents on the premises, this storage to be in existing agricultural accessory structures. The storage of a dealer's inventory or the construction of any new buildings for storage shall be considered a commercial use and subject to the provisions of this ordinance.

(r)

Retail sales of bridles, saddles, grooming supplies and related items at a horse boarding or riding stable facility. Said use shall be limited to a maximum of 150 square feet of floor space.

(s)

Retail sales of pet food, pet supplies and related items at a kennel facility. Said use shall be limited to a maximum of 100 square feet of floor space.

(t)

Training of dogs at a dog kennel or training of horses at a horse boarding facility.

(u)

Storage of explosive materials in strict conformance with Wisconsin Administrative Code provisions regarding explosive materials.

(v)

Sanitary plumbing fixtures in accessory structures involved in an agricultural or agricultural accessory use.

(w)

Processing facility or site per subsection 52-33(1)(b).

(x)

Landscape, lawn and garden business, that operates within building(s) existing on May 10, 2018, together with associated operations conducted outdoors only as expressly permitted in the conditional use permit, subject to section 52-34.

(4)

Building height limits.

(a)

Residential dwellings shall not exceed two and one-half stories or 35 feet in height.

(b)

Accessory structures shall not exceed 35 feet in height.

(c)

For agricultural accessory structures there is no limitation on height.

(5)

Area, frontage and population density regulations.

(a)

A-2 (1) = Minimum 1 acre.

A-2 (2) = Minimum 2 acres.

A-2 (4) = Minimum 4 acres.

A-2 (8) = Minimum 8 acres.

A-2 = Minimum 16 acres.

(b)

Salvage recycling centers: Minimum area is three acres.

(c)

For residential uses the lot width and area shall be the same as for the R-1 Single-Family Residential District.

(d)

For other permitted uses, there shall be no minimum width or area except for those uses for which special setback and side yard requirements have been established.

(6)

Setback requirements. No building, including barns and other farm buildings of any description whatsoever, shall be erected, moved or structurally altered so as to be nearer the highway than is prescribed by subsection 52-21(1).

(7)

Side and rear yard requirements. Side and rear yard requirements shall be the same the A-1 (EX) Exclusive Agriculture District.

(8)

Off-street parking. Off-street parking space shall be provided in accordance with the provision of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2018-06, § 2(Exh. A), 5-3-2018; Ord. No. 2021-19, § 1(Exh. A), 10-7-2021; Ord. No. 2022-04, § 1(Exh. A), 2-3-2022; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-58. - A-3 Agriculture District.

(1)

Statement of purpose. The A-3 Agriculture District is designed to preserve, for an unspecified time period in agricultural and related open-space land uses, those lands generally located in proximity to developed areas where urban expansion is inevitable and broadly in keeping with long time plans for development. It is intended that urban development be deferred in such areas until the appropriate authorities concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. It is also intended that the status of all areas in this district be reviewed by the appropriate authorities periodically in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of those areas to some other appropriate use district. Any such review will consider developments in keeping with the local and regional land use plans pursuant to subsection 52-101(5).

(2)

Permitted uses in the A-3 Agriculture District. All uses permitted in the A-1 (EX) Exclusive Agriculture District, except that keeping of livestock is limited to one animal unit per each full acre.

(3)

Conditional uses in the A-3 Agriculture District. All conditional uses listed in the A-1 (EX) Exclusive Agriculture District.

(4)

Building height limits. Building height shall be the same as the A-1 (EX) Exclusive Agriculture District.

(5)

Area, frontage and population density regulations. As per the A-1 (EX) Exclusive Agriculture District.

(6)

Setback requirements. Setback requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(7)

Side and rear yard requirements. Side and rear yard requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(8)

General provisions applicable to the A-3 Agriculture District shall be the same as the A-1 (EX) Exclusive Agriculture District.

(9)

Off-street parking. Off-street parking shall be provided as required in section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-59. - A-4 Small Lot Agriculture District.

(1)

Statement of purpose. The A-4 Small Lot Agriculture District is designed to:

(a)

Provide for a modest range of agriculture and agricultural accessory uses, at scales consistent with the size of the parcel and compatible with neighboring land uses. The A-4 district accommodates uses which are associated with production and harvesting of crops, livestock, animal products or plant materials. These uses may involve noise, dust, odors, heavy equipment, and use of chemicals and long hours of operation.

(b)

Allow for incidental processing, packaging, storage, transportation, distribution or other activities intended to add value to agricultural products produced on the premises or to ready such products for market.

(c)

Preserve agricultural and open space uses on zoning lots between five and 35 acres in size.

(d)

Provide for additional economic opportunities for property owners that are generally compatible with agricultural use, such as the establishment of new small-scale farming operations, including market gardens, road-side farmstands, pick-your-own operations, or Community Support Agriculture farms.

(e)

Preserve remnant parcels of productive agricultural land following development of adjoining property.

(f)

Meet the criteria for certification as a Farmland Preservation Zoning District under Wis. Stats. § 91.38.

(2)

Permitted uses in the A-4 Small Lot Agriculture District.

(a)

Agricultural uses. The keeping of livestock shall be limited to one animal unit per each full acre.

(b)

Agricultural accessory uses, subject to the exclusions and limitations below:

1.

Exclusions.

a.

Farm residences.

b.

A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in section 52-11 that employs no more than four full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

c.

Uses listed as conditional uses below.

2.

Limitations.

a.

Farm related exhibitions, sales or events such as auctions, dairy breakfasts, exhibition of farm machinery and technology, agricultural association meetings and similar activities, must occur on five or fewer days in a calendar year.

(c)

Undeveloped natural resource and open space areas.

(d)

A transportation, utility, communication, or other use that is:

1.

Required under state or federal law to be located in a specific place, or;

2.

Authorized to be located in a specific place under a state or federal law that specifically preempts the requirement of a conditional use permit including communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(3)

Conditional uses in the A-4 Small Lot Agriculture District.

(a)

Agricultural uses. Livestock in excess of one animal unit per acre on parcels of at least five acres in size.

(b)

Agricultural accessory uses. In addition to the other requirements of this ordinance, the following uses must meet the definition of an agricultural accessory use section 52-11.

1.

Sale of agricultural and dairy products not produced on the premises and incidental sale of non-alcoholic beverages and snacks.

2.

The seasonal storage of recreational equipment and motor vehicles owned by private individuals other than those residing on the premises, such storage to be in existing accessory farm buildings. The storage of a dealer's inventory or the construction of any new buildings for storage is prohibited.

3.

Agricultural entertainment activities not to exceed 45 days per year, in aggregate, or any event planned or anticipated to attract 200 or more persons per day. For any such activities planned or anticipated to have attendance of more than 200 persons at any one time during a day, an event plan addressing parking, proposed days of operation, ingress and egress, sanitation and other public safety issues shall be filed annually with the Planning and Zoning Specialist, Village Clerk, servicing fire department, emergency medical service provider, Dane County Sheriff's Department and any local law enforcement agency for such agricultural entertainment activities, at least 30 days prior to the start of any agricultural entertainment activities in each calendar year.

4.

Farm related exhibitions, sales or events such as auctions, dairy breakfasts, exhibitions of farm machinery and technology, agricultural association meetings and similar activities, occurring on more than five days in a calendar year.

5.

Farm family businesses for horse boarding stables, riding stables, hay and sleigh rides, and horse training facilities, including the sale of bridles, saddles, grooming supplies and related items at a horse boarding or riding stable facility.

(c)

Governmental, institutional, religious, or nonprofit community uses.

(d)

Processing facility or site per subsection 52-33(1)(b).

(e)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses, not listed as a permitted use above including communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(f)

Sanitary plumbing fixtures in accessory structures involved in an agricultural or agricultural accessory use.

(4)

Conditional use standards in the A-4 Small Lot Agriculture District. In addition to the requirements of subsection 52-101(5), the Planning and Zoning Specialist must find that the following standards are met before issuing any conditional use permit in the A-4 Small Lot Agriculture District.

(a)

The use and its location in the A-4 Small Lot Agriculture District are consistent with the purposes of the district.

(b)

The use and its location in the A-4 Small Lot Agriculture District are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

(c)

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

(d)

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(e)

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(5)

Building height limits. Building height limits shall be the same as the A-1 Exclusive Agriculture District.

(6)

Area, frontage and population density regulations.

(a)

The minimum lot area shall be a minimum of five acres.

(b)

The maximum lot area shall be less than 35 acres.

(7)

Setback requirements. Setback requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(8)

Side and rear yard requirements. Side and rear yard requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(9)

General provisions applicable to the A-4 district. In addition to the conditions provided for in article III, the following additional conditions shall apply:

(a)

Any agricultural accessory structure that is located on a substandard parcel as defined herein and which is destroyed by fire, explosion, act of God or act of public enemy may be rebuilt in the same location, even though such location may not comply with the setback requirements of this section.

(b)

The provisions of subsection 52-20(5) pertaining to real estate offices do not apply to lands in this district.

(c)

Any permitted or conditional use in the A-4 Agriculture District must be consistent with agricultural use as defined in Wis. Stats. § 91.01.

(10)

Rezoning of land in the A-4 Small Lot Agriculture District. No land in the Small Lot Agriculture District shall be rezoned except in accordance with Wis. Stats. § 91.48.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2021-19, § 2(Exh. B), 10-7-2021; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-60. - A-B Agriculture Business District.

(1)

Statement of purpose. The A-B Agriculture-Business District is designed to:

(a)

Provide for a wide range of agriculture, agricultural accessory and agriculture-related uses, at various scales with the minimum lot area necessary to accommodate the use. The A- B district accommodates uses which are commercial or industrial in nature; are associated with agricultural production; require a rural location due to extensive land area needs or proximity of agricultural resources; and do not require urban services. In appearance and operation permitted uses in the A-B district are often indistinguishable from an active farm. Conditional uses are more clearly commercial or industrial in nature, and may involve facilities or processes that require a remote location distant from incompatible uses, proximity to agricultural products or suppliers and/or access to utility services or major transportation infrastructure. Examples of activities in the A-B district may include, but are not limited to, agricultural support services, value-added, or related businesses such as implement dealers; veterinary clinics; farm machinery repair shops; agricultural supply sales, marketing, storage, and distribution centers; plant and tree nurseries; and facilities for the processing of natural agricultural products or by-products, including fruits, vegetables, silage, or animal proteins. Such activities are characterized by:

1.

Wholesale or retail sales, and outdoor storage/display of agriculture-related equipment, inputs, and products;

2.

Parking areas, outdoor lighting, and signage appropriate to the scale of use;

3.

Small, medium, or large utilitarian structures/facilities/workshops, appropriate to the scale of use;

4.

Low to moderate traffic volumes;

5.

Noises, odors, dust, or other potential nuisances associated with agriculture-related production or processing.

(b)

Meet the requirements for certification as a Farmland Preservation Zoning District under Wis. Stats. § 91.38.

(2)

Permitted uses in the A-B Agriculture Business District.

(a)

Agricultural uses.

(b)

Agricultural accessory uses, except uses listed as conditional uses below.

(c)

Agriculture-related uses, except uses listed as conditional uses below, consistent with the purpose statement for the A-B district.

(d)

Undeveloped natural resources and open space areas.

(e)

A transportation, utility, communication, or other use that is:

1.

Required under state or federal law to be located in a specific place, or;

2.

Authorized to be located in a specific place under a state or federal law that specifically preempts the requirement of a conditional use permit including communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(3)

Conditional uses in the A-B Agriculture Business District.

(a)

Agricultural accessory uses: In addition to the other requirements of this ordinance, the following uses must meet the definition of an agricultural accessory use under section 52-11.

1.

Farm residences.

2.

Limited family businesses or limited rural businesses, including bed and breakfast operations in an existing farm residence located on a farm.

3.

A business, activity or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in section 52-11 that employs no more than four full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

(b)

Agriculture-related uses: In addition to the other requirements of this ordinance, the following uses must meet the definition of an agriculture-related use under section 52-11.

1.

Plant or livestock genetic laboratories, agriculture-related experimental laboratories;

2.

Landscape, lawn and garden business, associated with a plant or tree nursery that operates within building(s) existing on May 10, 2018, together with associated operations conducted outdoors only as expressly permitted in the conditional use permit, subject to section 52-34;

3.

Dead stock hauling services;

4.

Sales or storage of agricultural byproducts;

5.

Stock yards, livestock auction facilities;

6.

Bio-diesel and ethanol manufacturing;

7.

Manure processing facilities;

8.

Biopower facilities for distribution, retail, or wholesale sales.

(c)

Governmental, institutional, religious, or nonprofit community uses.

(d)

Processing facility or site per subsection 52-33(1)(b).

(e)

Transportation, communications, pipeline, electric transmission, utility, or drainage uses, not listed as a permitted use above including communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(4)

Conditional use standards in the A-B (Agricultural Business) Zoning District. In addition to the requirements of subsection 52-101(5), the Planning and Zoning Specialist must find that the following standards are met before issuing any conditional use permit in the A-B (agricultural business) zoning district.

(a)

The use and its location in the A-B agricultural business zoning district are consistent with the purposes of the district.

(b)

The use and its location in the A-B agricultural business zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

(c)

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

(d)

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(e)

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(5)

Building height limits.

(a)

For buildings containing offices, sales rooms and service areas and residential buildings, the maximum height shall be two and one-half stories or 35 feet.

(b)

For all other buildings such as silos, bins and feed and seed storage facilities, no maximum height.

(6)

Area and lot width. A lot shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 20,000 square feet.

(7)

Density. Buildings shall not occupy more than 60 percent of the area of a lot.

(8)

Setback requirements. Buildings that are erected, altered or moved shall be set back not less than is prescribed in subsection 52-21(1).

(9)

Side yard requirements. The minimum side yard shall be ten feet.

(10)

Rear yard requirements. The minimum rear yard shall be ten feet.

(11)

Off-street parking. Off-street parking shall be provided as required by section 52-22.

(12)

Rezoning of land in the A-B Agriculture Business District. No land in the Agriculture Business District shall be rezoned except in accordance with Wis. Stats. § 91.48.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2018-06, § 2(Exh. A), 5-3-2018; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-63. - R-1 Single Family Residential District.

(1)

Statement of purpose. The purpose of the R-1 Single Family Residential District is to provide for traditional single family neighborhoods with moderately sized lots within the urban service area. Most new single family development within the urban service area will utilize this district. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the R-1 Single Family Residential District.

(a)

Single family detached dwellings.

(b)

Communication towers limited to class 2 collocation per Wis. Stats. § 66.0404, Wis. Stats.

(c)

Community living arrangements for less than nine persons.

(d)

Foster homes for less than five children licensed under Wis. Stats. § 48.62.

(e)

Home occupations, as defined section 52-11.

(f)

Uses and buildings, clearly incidental and necessary to permit use on the premises.

(g)

Utility services.

(3)

Conditional uses in the R-1 Single Family Residential District.

(a)

Cemeteries.

(b)

Community living arrangements for nine or more persons.

(c)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(d)

Daycare centers.

(e)

Dependency living arrangements.

(f)

Governmental uses.

(g)

Private club houses and fraternity houses except when service is provided to the general public.

(h)

Religious uses.

(i)

Schools.

(4)

Building height limits.

(a)

Residential dwellings or other principal buildings shall not exceed two and one-half stories or 35 feet.

(b)

Accessory structures shall not exceed 16 feet in height, unless a height increase is necessary to match the roof pitch with the residence with a maximum height of 26 feet. Any other height increase shall be reviewed by the Planning and Zoning Specialist as a special exception.

(5)

Lot width and area. Lots shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 12,000 square feet.

(6)

Building coverage. The total footprint of all buildings shall not exceed 30 percent of the area of an interior lot or 35 percent of the area of a corner lot.

(7)

Impervious coverage. The total footprint of all structures, including buildings, shall not exceed 40 percent of the area of an interior lot or 45 percent of the area of a corner lot.

(8)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(9)

Side yard requirements. There shall be total side yards of a minimum of 25 feet and no single side yard shall be less than ten feet.

(10)

Rear yard requirements. The minimum depth of any rear yard shall be 35 feet.

(11)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-64. - R-2 Single Family Residential District.

(1)

Statement of purpose. The purpose of the R-2 Single Family Residential District is to provide for existing traditional single family neighborhoods with smaller lots within the urban service area. New development may be approved for R-2 zoning upon review by the Village Plan Commission and Board for neighborhood compatibility. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the R-2 Single Family Residential District. All uses permitted in the R-1 Single Family Residential District.

(3)

Conditional uses in the R-2 Single Family Residential District. All conditional uses permitted in the R-1 Single Family Residential District.

(4)

Building height limits. Building height requirements shall be the same as the R-1 Single Family Residential District.

(5)

Lot width and area. Lots shall be a minimum of 75 feet in width at the building setback line and have a minimum area of 10,000 square feet.

(6)

Building coverage. Building coverage requirements shall be the same as the R-1 Single Family Residential District.

(7)

Impervious coverage. Impervious coverage requirements shall be the same as the R-1 Single Family Residential District.

(8)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(9)

Side yard requirements. The minimum side yard shall be ten feet.

(10)

Rear yard requirements. The minimum rear yard shall be 35 feet.

(11)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-65. - R-3 Single Family Residential District.

(1)

Statement of purpose. The purpose of the R-3 Single Family Residential District is to provide for existing traditional single family neighborhoods with smaller lots within the urban service area. New development may be approved for R-3 zoning upon review by the Village Plan Commission and Board for neighborhood compatibility. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the R-3 Single Family Residential District. All uses permitted in the R-1 Single Family Residential District.

(3)

Conditional uses in the R-3 Single Family Residential District. All conditional uses permitted in the R-1 Single Family Residential District.

(4)

Building height limits. Building height requirements shall be the same as the R-1 Single Family Residential District.

(5)

Lot width and area. Lots shall be a minimum of 60 feet in width at the building setback line and have a minimum area of 8,000 square feet.

(6)

Building coverage. Building coverage requirements shall be the same as the R-1 Single Family Residential District.

(7)

Impervious coverage. Impervious coverage requirements shall be the same as the R-1 Single Family Residential District.

(8)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(9)

Side yard requirements. The minimum side yard shall be ten feet.

(10)

Rear yard requirements. The minimum rear yard shall be 25 feet.

(11)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-66. - R-4 Single Family Residential District.

(1)

Statement of purpose. The purpose of the R-4 Single Family Residential District is to provide for traditional single family neighborhoods with smaller lots within the urban service area. New development may be approved for R-4 zoning upon review by the Village Plan Commission and Board for neighborhood compatibility. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the R-4 Single Family Residential District. All uses permitted in the R-1 Single Family Residential District.

(3)

Conditional uses in the R-4 Single Family Residential District. All conditional uses permitted in the R-1 Single Family Residential District.

(4)

Building height limits. Building height requirements shall be the same as the R-1 Single Family Residential District.

(5)

Lot width and area. Lots shall be a minimum of 60 feet in width at the building setback line and have a minimum area of 8,000 square feet.

(6)

Building coverage. Building coverage requirements shall be the same as the R-1 Single Family Residential District.

(7)

Impervious coverage. Impervious coverage requirements shall be the same as the R-1 Single Family Residential District.

(8)

Setback requirements.

(a)

Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1) for Class A and Class B highways.

(b)

The minimum setback from all other roadways shall be 25 feet.

(9)

Side yard requirements. The minimum side yard shall be eight feet.

(10)

Rear yard requirements. The minimum rear yard shall be 25 feet.

(11)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-67. - MF-2 Two-Family Residential District.

(1)

Statement of purpose. The purpose of the MF-2 Two-Family Residential District is to provide for traditional single and two-family neighborhoods within the Village. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the MF-2 Two-Family Residential District.

(a)

All uses permitted in the R-1 Residential District.

(b)

Duplexes.

(c)

Zero-lot line duplexes.

(3)

Conditional uses in the MF-2 Two Family Residential District. All conditional uses permitted in the R-1 Single Family Residential District.

(4)

Building height limits. Building height requirements shall be the same as the R-1 Single Family Residential District.

(5)

Lot width and area.

(a)

Single family detached dwellings and duplexes.

1.

Sewered lots shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 14,000 square feet.

2.

Unsewered lots shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 22,000 square feet.

(b)

Zero-lot line duplexes. Lots shall be a minimum of 50 feet in width at the building setback line and have a minimum area of 7,000 square feet. Lots shall be independently served by municipal water and sanitary sewer.

(6)

Building coverage. Building coverage requirements shall be the same as the R-1 Single Family Residential District.

(7)

Impervious coverage. Impervious coverage requirements shall be the same as the R-1 Single Family Residential District.

(8)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(9)

Side yard requirements.

(a)

Single family detached dwellings and duplexes. The total side yards shall be a minimum of 25 feet with no single side yard less than ten feet.

(b)

Zero-lot line duplexes. The side yard not in common with the adjoining dwelling unit shall be a minimum of ten feet. The side yard in common with the adjoining dwelling unit shall be zero feet; however, the setback provisions of section 52-20 pertaining to accessory structures shall apply.

(10)

Rear yard requirements.

(a)

The minimum rear yard shall be 25 feet.

(11)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(12)

Construction and maintenance standards for zero lot line duplexes.

(a)

Each dwelling unit shall be located on an individual lot.

(b)

No dwelling unit can have more than one zero lot line (i.e. prohibiting townhomes and rowhouses).

(c)

Each dwelling unit shall be served by a separate water lateral and meter and sanitary sewer lateral.

(d)

A minimum one-hour fire rated wall assembly division, separating all areas from the basement floor to the underside of the roof, is required between each dwelling unit.

(e)

A maintenance agreement, in a form acceptable to the Village attorney, shall be entered into by the owners of each dwelling unit to ensure equal and reasonable maintenance and repair standards, and consistent exterior colors, are maintained between each dwelling unit. The maintenance agreement shall provide that it may not be terminated, amended or otherwise altered without the approval of the Village Board, and be recorded with the Dane County Register of Deeds.

(f)

An eight-foot maintenance easement, four feet on each side of the common lot line not occupied by the dwelling structures, shall be identified on the certified survey map to allow for maintenance of each dwelling unit.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2021-20, § 4(Exh. D), 11-4-2021; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-68. - MF-3 Multiple Family Residential District.

(1)

Statement of purpose. The purpose of the MF-3 Multiple Family Residential District is to provide for multiple family, and limited single and two-family neighborhoods within the urban service area. Development density is based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the MF-3 Multiple Family District.

(a)

All uses permitted in the MF-2 Two-Family Residential District, except zero-lot line duplexes are prohibited.

(b)

Community living arrangements for nine to 15 persons.

(c)

Multiple family dwellings including condominium units.

(3)

Conditional uses in the MF-3 Multiple Family District.

(a)

All conditional uses permitted in the R-1 Single Family Residential District, except community living arrangements for nine to 15 persons.

(b)

Community living arrangements for 16 or more persons.

(c)

Hospitals.

(d)

Medical clinics.

(e)

Mobile and manufactured home parks.

(f)

Nursing homes and extended care facilities.

(g)

Professional offices.

(4)

Building height limits.

(a)

Multiple family dwellings shall not exceed four stories.

(b)

Single family and duplex residential dwellings shall not exceed two and one-half stories or 35 feet in height.

(c)

Accessory structures shall not exceed 12 feet in height.

(5)

Lot width, area, and lot coverage.

(a)

Lots shall be a minimum of 100 feet in width at the building setback line.

(b)

Lots shall have a minimum area of 16,000 square feet and increased by 2,000 square feet for each dwelling unit beyond three, except as follows:

1.

A parcel that is subdivided at the time of development for purposes of project phasing and/or financial lending, shall only be required to provide the initial 16,000 square feet of lot area for the original parcel and then 2,000 square feet for each dwelling unit beyond three; and

2.

To ensure the quality of the development and representation made to the Village, the petitioner shall be required to execute a developer's agreement and a declaration of covenant and restrictions to the satisfaction of the Village of Windsor.

(6)

Setback requirements.

(a)

Setbacks from front lot line or highway right-of-way shall comply with the provisions of subsection 52-21(1).

(b)

Private roads or driveways within a multiple family dwelling complex shall not be considered a road for determining setback.

(c)

Multiple family dwelling buildings located in the interior of a complex shall provide a front yard of a minimum of 15 feet, each building shall be provided with its own front yard area irrespective of the yards required for other buildings.

(7)

Side yard requirements.

(a)

The minimum side yard for buildings two stories or less in height and all single family and duplex residences shall be ten feet.

(b)

The minimum side yard for buildings greater than two stories in height shall be as follows:

1.

If the side of a building does not include windows for apartment dwellings or offices the minimum side yard shall be ten feet.

2.

If the side of a building does include windows for apartment dwellings or offices the minimum side yard shall be ten feet and increased by five feet for each story over two stories.

3.

Buildings within a complex shall be provided with their own side yard irrespective of other buildings.

(8)

Rear yard requirements.

(a)

The minimum rear yard for buildings two stories or less in height and all single family and duplex dwellings shall be 25 feet.

(b)

The minimum rear yard for multiple family buildings greater than two stories shall be a minimum of 25 feet and increased by five feet for each story over two stories.

(9)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(10)

Manufactured home and mobile home communities.

(a)

Manufactured and mobile home communities are subject to chapter 30 of the Village of Windsor Code of Ordinances.

(b)

Manufactured home and mobile home parks are required to follow the requirements of chapter 10 article IX of the Village of Windsor Code of Ordinances for site plan review as part of the conditional use review process.

(c)

All interior roads and streets of a manufactured home or mobile home park shall conform to the standards of chapter 42 of the Village of Windsor Code of Ordinances.

(d)

Manufactured and mobile home parks are also subject to the provisions of Chapter SPS 326 of the Wisconsin Administrative Code and the more restrictive regulations shall apply.

(e)

Each space or lot for the accommodation of a single home shall contain not less than 3,000 square feet of area.

(f)

Spacing between homes shall be a minimum of 20 feet, exclusive of decks, cabanas and accessory structures including sheds. All accessory structures shall be spaced a minimum of five feet from all homes and other accessory structures.

(g)

Homes shall not be located closer to a public road than provided for in subsection 52-21(1).

(h)

Each space or lot shall provide off-street parking as required in section 52-22.

(i)

Each lot shall be landscaped with at least one fast growing tree of at least two inches in diameter at ground level and two bushes or shrubs of at least three feet in height. This requirement may be waived by the Village if, at the time of the application for a conditional use permit, a landscaping plan is submitted that utilizes topography, plantings of trees or shrubs and/or decorative fencing to provide a degree of privacy between lots.

(j)

Each manufactured home or mobile home park shall provide a park and recreation area of at least one-half acre for each 50 or fraction of 50 lots in the park. The park and recreation area shall be located to provide easy access for all residents in the park. Additionally, the area shall be well drained to provide a clean and safe area for children to play and shall be equipped with a sufficient amount of playground equipment to accommodate the children living in the park.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2021-20, § 5(Exh. E), 11-4-2021)

Sec. 52-69. - ER Estate Residential District.

(1)

Statement of purpose. The purpose of the Estate Residential District is to provide for single family development in a range of lot sizes that complements the rural character of the Village outside of the urban service area. Development density and open space requirements are based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the ER Estate Residential District. All uses permitted in the R-1 Single Family Residential District.

(3)

Conditional uses in the ER Estate Residential District.

(a)

All conditional uses permitted in the R-1 Single Family Residential District.

(b)

Bed and breakfasts.

(c)

Private common or shared sewage systems.

(d)

Hobby kennel.

(4)

Building height limits. Building height requirements shall be the same as the R-1 Single Family Residential District.

(5)

Lot width and area. Lots shall be a minimum of 100 feet in width at the building setback line and have a minimum area of 20,000 square feet.

(6)

Building coverage. The total footprint of all buildings shall not exceed 30 percent of the area of a lot.

(7)

Impervious coverage. The total footprint of all structures, including buildings, shall not exceed 40 percent of the area of a lot.

(8)

Open space. Open space shall be provided at time of land division as required by the Village of Windsor Comprehensive Plan based on the future land use category of the parcel. Open space may contain agricultural land, environmentally sensitive areas, woodlands, general open space, passive or active recreational uses, or any combination thereof. Required open space shall be:

(a)

Protected permanently through recording of a deed restriction and indicated on the certified survey map or plat as an outlot(s) for the purpose of open space.

(b)

Owned and used privately (individually or in common) or owned and used publicly by the Village of Windsor or other entity.

(c)

Managed and maintained according to an agreement approved by the Village of Windsor.

(d)

Organized to enhance the rural character and value of the development and community and shall be:

1.

Inclusive of environmentally sensitive areas to the greatest extent possible.

2.

Grouped and connected within the development to provide a meaningful neighborhood amenity.

3.

Distinguishable from lots within the development as a common space.

4.

Linked to adjacent existing and planned permanent open space.

(9)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(10)

Side yard requirements. Setback requirements shall be the same as the R-1 Single Family Residential District.

(11)

Rear yard requirements. Rear yard requirements shall be the same as the R-1 Single Family Residential District.

(12)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2022-04, § 1(Exh. A), 2-3-2022; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-70. - CR Countryside Residential District.

(1)

Statement of purpose. The purpose of the Countryside Residential District is to provide for single family development, hobby farms, and limited livestock in a range of lot sizes that complements the rural character of the Village outside of the urban service area. Development density and open space requirements are based on the Village of Windsor Comprehensive Plan Future Land Use Categories.

(2)

Permitted uses in the CR Estate Residential District.

(a)

All uses permitted in the ER Estate Residential District.

(b)

Agricultural uses. The keeping of livestock shall be limited to one animal unit per each full acre.

(3)

Conditional uses in the CR Estate Residential District. All uses permitted in the ER Estate Residential District.

(4)

Building height limits.

(a)

Residential dwellings or other principal buildings shall not exceed two and one-half stories or 35 feet.

(b)

Accessory structures shall not exceed 35 feet in height.

(5)

Lot width and area. Lots shall be a minimum of 150 feet in width at the building setback line and have a minimum area of one acre.

(6)

Building coverage. The total footprint of all buildings shall not exceed 20 percent of the area of a lot.

(7)

Impervious coverage. The total footprint of all structures, including buildings, shall not exceed 25 percent of the area of a lot.

(8)

Open space. Open space requirements shall be the same as the ER Estate Residential District.

(9)

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of subsection 52-21(1).

(10)

Side yard requirements. Side yard requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(11)

Rear yard requirements. Rear yard requirements shall be the same as the A-1 (EX) Exclusive Agriculture District.

(12)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)

Sec. 52-71. - PUD Planned Unit Development.

(1)

Statement of purpose. The purpose of the PUD Planned Unit Development district is to promote improved development design by allowing greater flexibility and creativity in urban and rural development while ensuring substantial compliance with the intent of this ordinance and adopted plans. The district allows variations in uses, structures, densities, setbacks and yard requirements, building heights, landscaping and other provisions for developments which are cohesively planned and implemented. In exchange for such flexibility, the project (hereinafter referred to as Planned Unit Development or PUD) must provide a higher level of design and functionality than normally required for other developments.

(2)

Permitted uses. The only uses permitted within each mapped PUD district shall be those lawful use(s) in place at the time of PUD district mapping plus those uses explicitly listed, depicted and described as permitted uses within that particular PUD district as part of an approved Final PUD Plan.

(3)

Requirements for lot area and width, lot coverage, setback and yards, residential density, off-street parking, screening and landscaping, and signage shall be specified for each particular PUD district. Such requirements shall be specifically described as part of an approved Final PUD Plan and shall supersede similar specifications found elsewhere in this ordinance.

(4)

Planned unit development approval process. Refer to subsection 52-101(6) for the PUD approval process.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-72. - C-1 Limited Commercial District.

(1)

Statement of purpose. The C-1 Limited Commercial District is intended to permit small scale commercial (convenience oriented goods and services) and office development compatible with surrounding agricultural and residential development. Development within the C-1 Limited Commercial District shall be subject to chapter 10, article IX of the Village of Windsor Code of Ordinances.

(2)

Permitted uses in the C-1 Limited Commercial District.

(a)

Bank, office and office building (devoting not more than two floors to office space).

(b)

Communication towers limited to class two collocation per Wis. Stats. § 66.0404.

(c)

Medical, dental and veterinary clinic.

(d)

Off-site parking (per subsection 52-22(3)(c)).

(e)

Outdoor recreation (not lighted).

(f)

Retail, service and wholesale use (less than 10,000 square feet).

(g)

Rooming and boarding house.

(h)

Utility service.

(3)

Conditional uses in the C-1 Limited Commercial District.

(a)

Agricultural use.

(b)

Bank, office and office building (devoting more than two floors to office space).

(c)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(d)

Commercial kennel.

(e)

Extended care facility and nursing home.

(f)

Funeral home and crematorium.

(g)

Governmental use.

(h)

Hospital and veterinary hospital.

(i)

Motel and hotel.

(j)

Movie theater and auditorium.

(k)

Outdoor recreation (lighted).

(l)

Private club or organization.

(m)

Processing facility or site per subsection 52-33(1)(b).

(n)

School and educational facility.

(o)

Single family, duplex and multiple family dwellings.

(p)

Religious use.

(q)

Residence for a caretaker or business owner.

(r)

Landscape, lawn and garden business, subject to section 52-34.

(4)

Building height limits.

(a)

Commercial, mixed use, or multiple family buildings shall not exceed four stories.

(b)

Single family and duplex residential dwellings shall not exceed two and one-half stories or 35 feet in height.

(5)

Lot width, area, and lot coverage.

(a)

Parcels or sites used for commercial purposes only shall have no minimum parcel width and no minimum area requirements.

(b)

Parcels or sites including single family, duplex, or multiple family residential shall have the same lot area, width, and coverage requirements as the MF-3 Multiple Family Residential District. In addition:

1.

Multiple family residential is limited to parcels served by public sewer and water.

2.

No parcel or site shall contain more than one single family or duplex residence, or a combination of single family, duplex, and multiple family residential. Any single family residence or one unit of a duplex residence shall be limited to use by a caretaker for an associated commercial use on the same parcel.

(c)

Any principal building(s) together with its accessory structure(s) shall not cover more than 60 percent of the lot area.

(6)

Setback requirements.

(a)

Setbacks from front lot line or highway right-of-way shall comply with the provisions of subsection 52-21(1).

(b)

Internal setbacks for residential and mixed use buildings shall be the same as the MF-3 Multiple Family Residential District.

(7)

Side yard requirements. Side yard requirements shall be the same as the MF-3 Multiple Family Residential District.

(8)

Rear yard requirements.

(a)

The minimum rear yard for buildings used for business purposes shall be ten feet.

(b)

The minimum rear yard for buildings used for residential or mixed use purposes shall be the same as the MF-3 Multiple Family Residential District.

(9)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2018-06, § 2(Exh. A), 5-3-2018; Ord. No. 2022-04, § 1(Exh. A), 2-3-2022)

Sec. 52-73. - C-2 General Commercial District.

(1)

Statement of purpose. The C-2 General Commercial District is intended to permit large scale commercial (regional oriented goods and services) at an intensity compatible with the overall character of the development location. Development within the C-2 General Commercial District shall be subject to chapter 10, article IX of the Village of Windsor Code of Ordinances.

(2)

Permitted uses in the C-2 General Commercial District.

(a)

All uses permitted in the C-1 Limited Commercial District.

(b)

Assembly plant, distribution, manufacturing and wholesale center (less than 20,000 square feet).

(c)

Building trade, contractor, and transportation business and school.

(d)

Parking, storage and warehousing incidental to a permitted use.

(e)

Retail, service and wholesale uses (greater than 10,000 square feet).

(f)

Sales and service of new and used motor vehicles, recreational vehicles and contractor equipment.

(3)

Conditional uses in the C-2 General Commercial District.

(a)

All conditional uses listed in the C-1 Limited Commercial District, except single family, duplex and multiple family residences are prohibited.

(b)

Assembly and processing plant, distribution, manufacturing and wholesale center (greater than 20,000 square feet).

(c)

Bulk fuel storage.

(d)

Mini-warehouse.

(e)

Outdoor amusement park, race track or course and other entertainment activity (permanent or temporary).

(f)

Processing facility or site per subsection 52-33(1)(b).

(g)

Residence for a caretaker or business owner.

(h)

Storage of explosive materials.

(i)

Landscape, lawn and garden business, subject to section 52-34.

(j)

Towing, recovery, and repair business with salvage and recycling operations incidental thereto.

(4)

Building height limits. The maximum height for all buildings shall be 50 feet. Tanks, storage bins, silos and towers shall not be subject to this limitation.

(5)

Lot width, area, and building coverage. For parcels or sites used for business purposes, there is no minimum parcel width and no area limitations. Any principal building together with its accessory structure shall not cover more than 60 percent of the lot area.

(6)

Setback requirements.

(a)

Setbacks from front lot line or highway right-of-way shall comply with the provisions of subsection 52-21(1).

(b)

Private roads or driveways within a development shall not be considered a road for determining setback.

(7)

Side yard requirements.

(a)

The minimum side yard shall be ten feet.

(b)

Buildings within a complex shall be provided with their own side yard irrespective of other buildings.

(8)

Rear yard requirements. The minimum rear yard shall be ten feet.

(9)

Off-street parking. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2018-06, § 2(Exh. A), 5-3-2018; Ord. No. 2023-21, § 1, 10-19-2023)

Sec. 52-74. - GI Governmental and Institutional District.

(1)

Statement of purpose. The GI Governmental and Institutional District is intended to provide for those uses which serve a public need and are principally of a governmental, institutional, educational, or medical nature. These uses may be either publicly or privately owned and either "for profit" or "not for profit "and serving a public need.

(2)

Permitted uses in the GI Governmental and Institutional District.

(a)

Communication towers limited to class 2 collocation per Wis. Stats. § 66.0404.

(b)

Fire station.

(c)

Library.

(d)

Medical, dental and veterinary clinic.

(e)

Municipal building or structure.

(f)

Museum.

(g)

Police station.

(h)

Post office.

(i)

Public recycling center.

(j)

Public service yard.

(k)

Utility service.

(3)

Conditional uses in the GI Governmental and Institutional District.

(a)

Cemetery.

(b)

Communication towers including the siting and construction of a new mobile service support structure and facilities or a class 1 collocation per Wis. Stats. § 66.0404.

(c)

Extended care facility and nursing home.

(d)

Funeral home and crematorium.

(e)

Hospital and veterinary hospital.

(f)

School and educational facility.

(g)

Religious use.

(4)

Building height limits. Building height shall not exceed four stories.

(5)

Lot width, area, and lot coverage.

(a)

Parcels or sites used for commercial purposes only shall have no minimum parcel width and no minimum area requirements.

(b)

Any principal building(s) together with its accessory structure(s) shall not cover more than 60 percent of the lot area.

(6)

Setback requirements. Setbacks from front lot line or highway right-of-way shall comply with the provisions of subsection 52-21(1).

(7)

Side yard requirements. The minimum side yard shall be ten feet.

(8)

Rear yard requirements. The minimum rear yard shall be ten feet.

(9)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Sec. 52-75. - NMO Nonmetallic Mining Operation District.

(1)

Statement of purpose. The Village of Windsor recognizes the local and regional economic importance of nonmetallic mining operations and sites, but also the potential direct and indirect adverse impacts. These may include adverse impacts to groundwater and surface water, and the generation of harmful levels of dust, noise and vibration associated with mining operations and associated truck traffic. The application of this district, and siting of a nonmetallic mining operations in the Village, shall evaluate and seek to minimize the potential adverse impacts to the community.

(2)

Applicability. The NMO Nonmetallic Mining Operation District is intended to permit nonmetallic mining operations or sites as defined in subsection 52-33(1)(c) of this [chapter], and applies to any portion of a nonmetallic mining operation or site, including unreclaimed portions of a site, which was mined prior to the effective date of this ordinance.

(3)

Building height limits.

(a)

Buildings shall not exceed two and one-half stories or 35 feet in height.

(b)

There is no height limit for mining equipment.

(4)

Lot width, area, and lot coverage. No minimum requirement.

(5)

Setback requirements. These requirements are set forth in chapter 55, nonmetallic mine operator's licenses, of the Village of Windsor Code of Ordinances.

(6)

Buffer and screening requirements. These requirements are set forth in chapter 55, nonmetallic mine operator's licenses, of the Village of Windsor Code of Ordinances.

(7)

Off-street parking and loading. Off-street parking and loading shall comply with the provisions of section 52-22.

(8)

Nonmetallic mining operation or site approval process. Mining operations or sites within the NMO District require a Mining Operator's license. All application, review, and performance requirements are set forth in chapter 55, nonmetallic mine operator's licenses of the Village of Windsor Code of Ordinances.

(9)

Nonmetallic mining operation or site reclamation. These requirements are set forth in chapter 74, non-metallic mining of the Dane County Code of Ordinances.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)