For the purpose of this chapter, the following primary use districts
are hereby established with the Town of Herman:
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Primary Use Districts
| |
|---|---|
|
CO
|
Conservancy
|
|
A-1
|
Farmland Preservation
|
|
A-2
|
General Agricultural
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|
R-1
|
Single-Family Residential
|
|
R-2
|
General Residential
|
|
P-1
|
Park/Recreational
|
|
B-1
|
Business/Commercial
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M-1
|
Manufacturing/Industrial
|
A.
A certified copy of the Official Zoning Map is adopted and approved
with the text of this chapter. Said map and any certified amendments
or changes thereto are as much a part of this chapter as this text
and shall have full force and effect on the adoption of this chapter.
B.
The boundaries of the zoning districts enumerated in § 384-23 are hereby established as shown on the Official Zoning Map of the Town of Herman, Dodge County, Wisconsin, adopted and incorporated herewith by reference. The Official Zoning Map shall be on file and available for public inspection at the office of the Town Clerk, Town of Herman. The Official Zoning Map shall be revised promptly upon the approval of any Zoning Map amendment requests.
When uncertainty arises concerning the boundaries of the zoning
districts, the following rules shall apply:
A.
Where district boundaries are depicted as approximately following
the center lines of streets or highways, or road right-of-way lines,
or center lines of streams or drainageways, such center lines or road
right-of-way lines shall be construed to be such boundaries.[1]
C.
Where district boundaries are depicted as running parallel to center
lines of streets, highways or road right-of-way lines, such parallel
lines shall be construed to be such boundaries at a distance from
the center lines that fulfills the intent of drawing such lines.[3]
D.
Where boundaries do not follow property lines and distances are not
specified, boundaries shall be reviewed and interpreted by the Herman
Town Board.
No building, structure or use of land shall hereafter be initiated
or altered except in conformity with the regulations specified for
the district in which it is located. Uses not specified in this chapter
may, nonetheless, be allowed by the Town Board after application,
only if such uses are substantially similar in character to specific
permitted or conditional uses in the applicable district.
The primary purpose of this district is for uses compatible
with protecting, preserving and enhancing the lakes, rivers, wetlands,
floodplains and other significant natural areas within the Town, such
as wooded areas of environmental importance, archaeological sites
of significant importance or other areas which the public has an interest
in preserving. Uses and structures may be subject to shoreland-wetland
and floodplain regulations prescribed by Dodge County, where applicable.
A.
Permitted uses.
(1)
Agricultural use, provided that no farm buildings are constructed.
(2)
Boathouses.
(3)
Harvesting of any wild crop such as marsh hay, ferns, moss, wild
rice, berries, tree fruits and tree seeds.
(4)
Hiking trails, bridle paths and walkways, including those built on
pilings.
(5)
Hunting preserves and hunting blinds.
(6)
Nonresident buildings used solely in conjunction with the raising
of waterfowl, fish or other wetland or aquatic animals.
(7)
Parks, picnic areas, golf courses and similar uses.
(8)
Piers and docks.
(9)
Sustained yield forestry.
(10)
Telephone and electrical power transmission lines.
(11)
Wildlife ponds.
B.
Conditional uses. All conditional use permits shall be granted only
upon a finding by the Town Board that such use or structure will not
restrict a floodway or destroy the storage capacity of a floodplain.
The purpose of this district is to promote areas for uses of
a generally exclusive agricultural nature in order to protect farmland,
allow participation in the state's farmland preservation program,
and accommodate changing practices in the agricultural industry, subject
to appropriate standards.
A.
Permitted uses.
(1)
Agriculture uses, including livestock facilities housing more than
500 animal units of cattle, poultry, swine, sheep, or goats or any
other animal confinement facilities housing other types of animals
(e.g., mink).
[Amended 11-18-2014 by Ord. No. 14-04]
(2)
Accessory uses that qualify under § 91.01(1), Wis. Stats.
(3)
Nonfarm residences constructed in a rural residential cluster in
accordance with an approval of the cluster as a conditional use.
(4)
Prior legal nonconforming residential uses that were existing as
of October 19, 2010, subject to the nonconforming use provisions of
this chapter.
(5)
Transportation, utility, communication, or other uses that are required
under state or federal law to be located in a specific place or that
are authorized to be located in a specific place under a state or
federal law that preempts the requirement of a conditional use permit
for those uses.
(6)
Undeveloped natural resource and open space areas.
(7)
A wind energy system that meets the requirements of accessory use under § 91.01(1), Wis. Stats., unless it qualifies as a utility use under § 91.44(1)(f), Wis. Stats. In addition, a license to operate a wind energy system pursuant to Chapter 375, Wind Energy Systems, of this Code shall be obtained. The height, setback, side yard, yard, building area, access, signage and other general location regulations of this chapter shall not apply to wind energy systems; rather, the Town Board may implement more restrictive site criteria as set forth in Chapter 375 so as to ensure the preservation and protection of the public health and safety.
B.
Conditional uses.
(2)
Agriculture-related uses.
(3)
Governmental, institutional, religious, or nonprofit community uses
that qualify under § 91.46(5), Wis. Stats.
(4)
New nonfarm residences or a proposal to convert a farm residence
to a nonfarm residence through a change in occupancy if all of the
following apply:
(a)
The ratio of nonfarm residential acreage to farm acreage on
the base farm tract on which the residence is located will not be
greater than one to 20 after the residence is constructed or converted
to a nonfarm residence.
(b)
There will not be more than four dwelling units in nonfarm residences,
nor, for a new residence, more than five dwelling units in residences
of any kind, on the base farm tract after the residence is constructed
or converted to a nonfarm residence.
(c)
The location and size of the proposed nonfarm residential parcel
and, for a new nonfarm residence, the location of the nonfarm residence
on that nonfarm residential parcel will not do any of the following:
[1]
Convert prime farmland from agricultural use or convert land
previously used as cropland, other than a woodlot, from agricultural
use if on the farm there is a reasonable alternative location or size
for a nonfarm residential parcel or nonfarm residence.
[2]
Significantly impair or limit the current or future agricultural
use of other protected farmland.
(5)
Nonfarm residential clusters if all of the following apply:
(a)
The parcels on which the nonfarm residences would be located
are contiguous.
(6)
Nonmetallic mineral extraction that qualifies under § 91.46(6),
Wis. Stats.
(7)
Oil and gas exploration or production that is licensed by the Department
of Natural Resources under Subchapter II of Ch. 295, Wis. Stats.,
and that meets the requirements of § 91.46(6), Wis. Stats.
(8)
Prior legal nonconforming uses other than residential uses that were
existing as of October 19, 2010, subject to the nonconforming use
provisions of this chapter.
(9)
Transportation, communications, pipeline, electric transmission,
utility, or drainage uses that qualify under § 91.46(4),
Wis. Stats.
C.
Area, height and yard requirements.
(1)
Minimum area and width. Except as otherwise specifically required or permitted the minimum lot area shall be 1 1/2 acres and the minimum lot width 150 feet at the building line and 150 feet at the water's edge. All lots created must conform to the regulations found at § 384-55 of this chapter.
(2)
Side yards. There shall be a fifteen-foot side yard for each principal
building.
(3)
Rear yards. There shall be a twenty-five-foot minimum rear yard for
each principal building.
The purpose of this district shall be to promote an area for
uses of a generally agricultural nature on lands of good agricultural
quality.
A.
Permitted uses.
(1)
Agriculture uses, including livestock facilities housing more than
500 animal units of cattle, poultry, swine, sheep, or goats or any
other animal confinement facilities housing other types of animals
(e.g., mink).
[Amended 11-18-2014 by Ord. No. 14-04]
(2)
Accessory uses that qualify under § 91.01(1), Wis. Stats.
(3)
Farm family businesses, including home occupations and professional
home offices which qualify as a farm family business.
[Amended 1-13-2015 by Ord. No. 15-01]
(4)
Roadside stands for the sale of farm products produced on the premises.
(5)
Telephone and electrical power transmission lines and necessary accessory
structures.
(6)
A wind energy system, provided that a license to operate the system pursuant to Chapter 375, Wind Energy Systems, of this Code has been obtained. The height, setback, side yard, yard, building area, access, signage and other general locational regulations of this chapter shall not apply to wind energy systems; rather, the Town Board may implement more restrictive site criteria as set forth in Chapter 375 so as to ensure the preservation and protection of the public health and safety.
B.
Conditional uses.
[Amended 1-13-2015 by Ord. No. 15-01]
(1)
Agricultural-related uses such as:
(a)
Airstrips or landing fields used by a farmer for personal or
agricultural-related business purposes.
(c)
Livestock sale barns and slaughter or processing facilities.
(d)
Storage and sale of seed, feed, fertilizer and other products
essential to agricultural operation.
(3)
New nonfarm single-family dwellings.
(4)
Bed-and-breakfast establishments.
(5)
Campgrounds.
(6)
Churches; cemeteries.
(7)
Commercial greenhouse, landscape and nursery business.
(8)
Dog kennels.
(9)
Duplexes.
(10)
Farm machinery repair.
(11)
Farms operated for the disposal or reduction of garbage, sewage
or any other waste material.
(12)
Governmental and cultural uses such as town halls, fire and
police stations, community centers, libraries, public emergency shelters,
parks and playgrounds.
(13)
Horse boarding and riding facilities.
(14)
Public, parochial and private elementary and secondary schools.
(15)
Quarries and earth borrow pits; mineral extraction.
(16)
Self-service storage facility.
(17)
Trap and sporting clay shooting facilities; shooting ranges.
(18)
Utilities.
(19)
Veterinary clinics.
C.
Area, height and yard requirements:
(1)
Minimum area and width. Except as otherwise specifically required
or permitted the minimum lot area shall be five acres and the minimum
lot width 150 feet at the building line and 150 feet at the water's
edge.
(2)
Side yards. There shall be a fifteen-foot side yard for each principal
building.
(3)
Rear yards. There shall be a twenty-five-foot minimum rear yard for
each principal building.
The primary purpose of this district shall be exclusive single-family
residential nature.
A.
Permitted uses.
(1)
Single-family dwellings and accessory buildings, including private
garages and buildings clearly incidental to the residential use of
the property, provided that no such accessory buildings may be used
as dwelling units.
(2)
Telephone and electrical power distribution poles and lines and necessary
accessory equipment and structures.
(3)
Home occupations when such occupations are incidental to the residential
use of the premises and do not involve any exterior alteration that
would effect a substantial change in the residential character of
the building, provided further that no article is sold or offered
for sale that is not produced by such home occupation.
(4)
Professional home offices, where such office is conducted solely
by a member or members of the occupant family entirely within the
residence and incidental to the residential use of the premises.
[Amended 1-13-2015 by Ord. No. 15-01]
B.
Conditional uses.
(1)
Churches; cemeteries.
(2)
Golf courses.
(3)
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks and
playgrounds.
(4)
Planned unit development.
(5)
Public, parochial and private elementary and secondary schools.
(6)
Utilities.
(7)
Any similar use subject to the approval of the Town Board.
The primary purpose of this district shall be to promote an
area of mixed residential uses.
A.
Permitted uses.
(1)
Duplexes.
(2)
Single-family dwellings and accessory buildings, including private
garages and buildings clearly incidental to the residential use of
the property, provided that no such accessory buildings may be used
as dwelling units.
(3)
Telephone and electrical power distribution poles and lines and necessary
accessory equipment and structures.
(4)
Home occupations when such occupations are incidental to the residential
use of the premises and do not involve any exterior alteration that
would effect a substantial change in the residential character of
the building, provided further that no article is sold or offered
for sale that is not produced by such home occupation.
(5)
Professional home offices, where such office is conducted solely
by a member or members of the occupant family entirely within the
residence and incidental to the residential use of the premises.
[Amended 1-13-2015 by Ord. No. 15-01]
B.
Conditional uses.
(1)
Bed-and-breakfast establishments.
(2)
Churches; cemeteries.
(3)
Golf courses and driving ranges.
(4)
Governmental and cultural uses such as fire and police stations,
community centers, libraries, parks and playgrounds.
(5)
Group living facilities.
(6)
Multifamily dwellings.
(7)
Planned unit development.
(8)
Public, parochial and private elementary and secondary schools.
(9)
Utilities.
(10)
Any similar use subject to the approval of the Town Board.
The purpose of this district is to allow a variety of recreational
uses on a permitted basis and more recreational businesses on a conditional
basis. The Park/Recreational District is intended to provide for areas
where the recreational needs, both public and private, of the populace
can be met without undue disturbance of natural resources and adjacent
uses.
A.
Permitted uses.
(1)
Uses permitted in the R-2 General Residential District.
(2)
Arboretum.
(3)
Boating, boat storage, sale of boats, motors, fuel, and marine supplies
and the servicing of boats and motors but not the manufacture of boats
or motors.
(4)
Boat launching areas.
(5)
Fishing.
(6)
Orchards, vineyards and related retail stores.
(7)
Playgrounds.
(8)
Public and private parks.
(9)
Sale of bait for fishing and sporting goods and supplies, excluding
camping trailers and tents.
(10)
Skating.
(11)
Skiing.
(12)
Sledding.
(13)
Soil and water conservation.
(14)
Sustained yield forestry.
(15)
Swimming beaches.
(16)
Vegetable stands.
(17)
Water control facilities and essential services.
(18)
Wildlife preserves.
B.
Conditional uses.
(2)
Archery ranges.
(3)
Camps and campgrounds.
(4)
Commercial greenhouse, landscape and nursery business.
(5)
Conservatories.
(6)
Hiking trails and bridle paths.
(7)
Horse and riding stables and riding academies.
(8)
Hunting.
(9)
Ice skating rinks.
(10)
Motels and resorts.
(11)
Planned unit development.
(12)
Public swimming pools, provided that the lot area is not less
than three acres and all structures are not less than 50 feet from
any district boundary.
(13)
Residential quarters for the owner, proprietor, commercial tenant,
employee or caretaker located in the same building as the business;
single-family residences in conjunction with and accessory to another
permitted use.
(14)
Restaurants.
(15)
Sporting fields.
(16)
Taverns.
(17)
Any similar use subject to the approval of the Town Board.
The purpose of this district shall be to promote an area for
retail and service-oriented establishments.
A.
Permitted uses.
(1)
Agricultural use.
(2)
Commercial greenhouse, landscape and nursery business.
(3)
Motels and resorts.
(4)
Parking lots.
(5)
Personal and business service establishments, excluding motor vehicle
and farm equipment repair, with no more than 3,500 square feet of
floor space.
(6)
Professional offices with no more than 3,500 square feet of floor
space.
(7)
Restaurants.
(8)
Retail businesses, excluding motor vehicle and farm equipment sales,
with no more than 3,500 square feet of floor space.
(9)
Sale of bait for fishing and sporting goods and supplies, camping
trailers and tents.
(10)
Self-service storage facility.
(11)
Taverns.
B.
Conditional uses.
(1)
Archery ranges.
(2)
Contractor's storage yard.
(3)
Farm equipment sales and service.
(4)
Fireworks sales.
(5)
Hospitals, clinics and nursing homes.
(6)
Motor vehicle sales and service.
(7)
Planned unit development.
(8)
Residential quarters for the owner, commercial tenant, employee or
caretaker located in the same building as the business.
(9)
Retail businesses, professional offices and personal and business
service establishments exceeding 3,500 square feet in floor space.
(10)
Any similar use subject to the approval of the Town Board.
The purpose of this district shall be to promote an area for
manufacturing and industrial operations.
A.
Permitted uses.
(2)
Agricultural use.
(3)
Automobile repair facilities.
(4)
Boat storage; sale of boats, motors, fuel, and marine supplies; servicing
of boats and motors; and the manufacture of boats or motors.
(5)
Contractor's office and/or storage yard.
(6)
Farm machinery sales, service and storage facilities.
(7)
Food storage warehouses.
(8)
Freight yards and trucking terminals.
(9)
Gas stations.
(10)
Governmental uses such as but not limited to police or fire
stations, community centers or buildings used for the storage or repair
of road maintenance equipment.
(11)
Manufacturing establishments engaged in the fabrication, processing,
assembly or packaging of a product which is not specified as a conditional
use in the Manufacturing/Industrial District.
(12)
Nurseries, greenhouses and landscaping businesses.
(13)
Parking lots.
(14)
Printing and publishing establishments.
(15)
Processing and packaging of food products.
(16)
Processing and packaging of recyclable materials.
(17)
Recycling collection point.
(18)
Retail sale of products if accessory to and in the same structure
as the principal use.
(19)
Self-service storage facility.
(20)
Telephone and electrical power distribution poles and lines.
(21)
Warehousing, except the storage of chemicals, explosives, flammables
and radioactive materials.
(22)
Wholesale establishments.
B.
Conditional uses and structures.
(1)
Airports, aircraft landing fields and hangers.
(2)
Dumps and waste disposal areas.
(3)
Farms operated for the disposal of sewage, rubbish or any waste material.
(4)
Feed mills, granaries and elevators.
(5)
Incinerators.
(6)
Manufacturing, processing, packaging or storage of chemicals, explosives,
batteries, asphalt, cement, flammables, paint, poison, rubber, dyes,
plastics and radioactive materials.
(7)
Mineral extraction; quarrying.
(8)
Planned unit development.
(9)
Salvage yards and storage of inoperable vehicles.
(10)
Sanitary landfill operations.
(11)
Sewage treatment facilities.
(12)
One single-family residence per site for the owner or proprietor,
caretaker and his/her family, which is incidental to a permitted or
conditional use.
(13)
Utilities.
(14)
Any similar use subject to the approval of the Town Board.
C.
Adult-oriented establishments.
(1)
Findings of fact.
(a)
The Board finds that adult-oriented establishments, as defined and otherwise regulated by the Town in Article IX of this chapter, require special zoning in order to protect and preserve the health, safety, and welfare of the Town.
(b)
Based on its review of studies conducted in Phoenix, Arizona;
Garden Grove, California; Los Angeles, California; Whittier, California;
Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota;
Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin,
Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington, and
the findings incorporated in City of Renton v. Playtime Theaters,
Inc., 475 U.S. 41 (1986) and Coleman A. Young v. American Mini-Theaters,
Inc., 427 U.S. 50 (1976), the Board finds that there is convincing
evidence that the secondary effects of adult-oriented establishments
include an increased risk of prostitution, high-risk sexual behavior,
crime, and other deleterious effects upon existing businesses and
surrounding residential areas, and decreased property values.
(c)
The Board intends to control the impact of these secondary effects
in order to protect the health, safety, and welfare of the citizenry,
protect the citizens from increased crime, preserve the quality of
life, and preserve the property values and character of surrounding
neighborhoods and areas.
(d)
It is not the intent of the Board to suppress any speech activities
protected by the First Amendment but to enact a content-neutral ordinance
which addresses the secondary effects of adult-oriented establishments
while providing an outlet for First Amendment protected activities.
(e)
In order to minimize and control the secondary effects of adult-oriented
establishments upon the Town, it is the intent of the Board to prevent
the concentration of adult-oriented establishments within a certain
distance of each other and within a certain distance of other specified
locations which are incompatible with and would suffer from the secondary
effects of adult-oriented establishments.
(f)
Based upon its review of materials linking alcohol consumption
and high-risk sexual behavior and materials linking alcohol consumption
and crimes such as sexual assault, the Board finds that a geographic
separation of adult-oriented establishments from alcohol beverage
licensed premises is warranted.
(g)
The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments, as defined and otherwise regulated by the Town, are entitled to certain protections, including the opportunity to locate in the Town. Therefore, if an adult-oriented establishment license has been granted by the Town, and if all the requirements of this § 384-34C are met, an adult-oriented establishment shall be an allowed use in the M-1 Zoning District and shall be a prohibited use in any other zoning district. No other requirements of this chapter need be satisfied, but for those required in order to obtain an adult-oriented entertainment license from the Town and the district regulations.
(2)
Adult-oriented establishments shall be located at least 500 feet
from:
(a)
Any residential district line, playground lot line, or public
park lot line.
(b)
Any structure used as a residence, place of religious worship, public or private school, or youth facility as defined in Article IX of this chapter.
(c)
Any other structure housing an adult-oriented establishment.
(d)
Any structure housing an establishment which holds an alcohol
beverage license.
(3)
Distance requirements are to be measured in a straight line in any direction, regardless of intervening structures, from the structure housing the adult-oriented establishment to the above residential district boundary line, to the lot line of any lot used for a park or playground, or the lot line of any structure listed in Subsection C(2)(b), (c) and (d) above.
(4)
The measurements from a structure shall be taken from the farthest
point a structure extends in the direction of the measurement, including
overhanging roofs or similar projections.
(5)
For adult-oriented establishments located in conjunction with other
buildings and clearly separate from other establishments, such as
in a shopping center, measurements shall be taken from the boundaries
of the space occupied by the adult-oriented establishment.
(6)
For any adult-oriented establishment located above ground level in
a multistory structure and clearly separate from other establishments
within the structure, the distance measurements shall be taken from
the ground floor public entrance/exit nearest the adult-oriented establishment
(excluding emergency exits).
(7)
A licensed adult-oriented establishment is not disqualified from holding an adult-oriented establishment license by the location subsequent to the grant or renewal of its license of any of the establishments described in Subsection C(2) above within 500 feet of the licensed premises. This provision applies only to the renewal of an existing license and does not apply when an application for a license is submitted after a license for that location has not been renewed or has been revoked.
