[Amended 3-5-2002]
B.
Permitted principal and accessory uses and structures
listed for any district shall be permitted by right subject to the
conditions as specified.
C.
Special exception uses and structures listed for any
district are permissible only upon approval by the Town Board of the
Town of Grand Chute, after notice and hearing, subject to the conditions
as specified and any other conditions as may be imposed by the Town
Board to promote the general health, safety and welfare.
D.
In those instances where district regulations set forth a list of permitted or permissible uses followed by the phrase "and uses of a similar nature," it is understood that the list of permitted or permissible uses is not exhaustive or all inclusive but that other uses of a like or similar nature are also permitted or permissible. Determination of whether a specific use, not enumerated, is of a like or similar nature shall be made by the Zoning Administrator. The determination by the Zoning Administrator may be appealed as provided in § 535-95.
[Amended 2-22-2001]
A.
Purpose. The intent of this district is to maintain
highly productive agricultural lands in agricultural production by
effectively limiting encroachment of nonagricultural development,
by minimizing land use conflicts between agricultural and nonagricultural
uses, and by minimizing public service and facility costs associated
with nonagricultural development. This district is further intended
to comply with standards contained in Ch. 91, Wis. Stats., to permit
eligible landowners to receive tax credits under § 71.09,
Wis. Stats., in connection with their agricultural operations.
B.
Permitted principal uses and structures.
(1)
Agricultural uses, including beekeeping, dairying,
floriculture, poultry and livestock raising, stables, plant nurseries
and orchards, raising of grain and seed crops, raising of grass and
mint, raising of nuts and berries, raising of fruits and vegetables,
viticulture, and forest and game management.
(2)
Dwellings existing before the effective date of adoption
of this chapter which are not accessory to or associated with agricultural
uses.
(3)
For purposes of farm consolidation, farm residences
or structures which existed prior to the effective date of adoption
of this chapter may be separated from the larger farm parcel.
C.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures. Single-family
dwellings or mobile homes shall be considered accessory to agricultural
uses provided that such dwellings are occupied by a person or a family
at least one member of which earns a substantial part of his or her
livelihood from farming operations on the farm parcel or is the parent
or child of the farm operator. Accessory dwellings may be established
on a separate parcel.
(2)
One roadside stand per farm used solely for the sale
of products produced on the premises.
(3)
Home occupations.
(4)
Public utility installations.
D.
Special exception uses and structures.
(1)
Fur farms.
(2)
Riding stables.
(3)
Sawmills.
(4)
Farm equipment and machinery sales and service.
(5)
Establishments for the processing, centralized bulk
collection, storage, or distribution of agricultural products.
(6)
Governmental uses, including landfills, highway storage
facilities and public buildings.
(7)
Public and semipublic nonprofit institutional uses,
including churches, schools, libraries, museums and the like.
(8)
Veterinary offices.
E.
Dimensional requirements.
(1)
Principal agricultural uses and structures. Minimum
lot area: 35 acres. There are no minimum lot width or yard requirements
and no height limitations.
(2)
Preexisting dwellings and accessory dwellings on a
separate parcel. Minimum lot area: 20,000 square feet; minimum lot
width: 100 feet. Yards shall be a minimum of 25 feet in depth if at
the front or rear and 15 feet in width if at the side. There are no
height limitations.
(3)
Other permissible principal uses and structures. Minimum
lot area: one acre; minimum lot width: 150 feet; minimum front and
rear yard depth: 40 feet. Minimum lot area and yard requirements may
be increased as a condition of a special exception permit.
[Amended 3-18-1997; 4-3-1997; 2-22-2001; 3-5-2002]
A.
Purpose. The intent of this district is to maintain
open land areas predominantly devoted to farming and agricultural-related
uses. It is anticipated that while certain areas within this district
will eventually be used for nonagricultural uses, the intensity of
development will remain significantly limited due to a lack of urban
facilities and services. It is also intended that this district provide
for small-scale, family-oriented businesses on a case-by-case basis.
B.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-23B(1) in the AED District.
(2)
Parks and nature preserves.
(3)
Single-family detached dwellings and mobile homes, unrelated to any farm operations, as a principal use and structure on individual lots which are not part of a recorded subdivision plat as defined in Chapter 475, Subdivision of Land, of this Code. Mobile homes shall be further subject to § 382-10C of this Code requiring a ten-acre parcel and a special permit.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-23C(1) through (4) in the AED District.
D.
Special exception uses and structures.
(1)
Special exception uses and structures in § 535-23D(1) through (6) in the AED District; provided, however, that no such use or structure shall be located within 500 feet of an existing residential dwelling other than the owner's or within 500 feet of the exterior boundary of a recorded subdivision plat.
(2)
Public and semipublic nonprofit institutional uses
of similar nature.
(3)
Golf courses.
(5)
Cemeteries.
(6)
Veterinary offices.
(7)
Warehouse, storage, and building supply establishments subject to the conditions in Subsection D(1) above.
(8)
Resource extraction uses, including quarrying and sand and gravel pits, subject to the requirements to § 535-58.
(9)
Outdoor commercial recreational uses, including recreational
camps, campgrounds, golf, archery and rifle ranges, sledding and skiing
facilities and uses of a similar nature.
(10)
Commercial exhibits of historical or natural
significance.
(11)
Contractor's storage yard.
(12)
The following uses, provided that the owner
or proprietor resides on the premises: automobile, farm equipment
and small engine repair shops; offices and/or shops in connection
with skilled tradesmen, including plumbers, electricians, carpenters,
welders and the like; and production and/or sales of crafts produced
on the premises.
[Amended 3-16-2021 by Ord. No. 2021-04]
(13)
Taverns existing before the effective date of
adoption of this chapter.
(14)
Sales of lawn and garden equipment in connection
with a plant nursery.
(15)
Airports, public or private.
(16)
Dog kennels.
[Amended 1-4-2000; 12-19-2000; 2-22-2001; 2-7-2002; 1-20-2004; 8-3-2004]
A.
Purpose. This district is intended to provide for
single-family detached residential development. The density of development
is based on the availability of public facilities and the extent of
coordination and planning as indicated by whether the development
is part of an approved and recorded subdivision plat.
C.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures. Specific
attached garage requirements are as follows:
[Amended 12-1-2020 by Ord. No. 2020-07]
(a)
In no case shall an attached garage foundation
exceed the size of the living area foundation of each dwelling unit.
(2)
Temporary structures in connection with the construction
of principal structures, provided that such structures are not used
for living purposes. Temporary structures shall not remain over 90
days after construction of the principal structure is substantially
complete.
(3)
Home occupations.
(4)
Public utility installations.
D.
Special exception uses and structures.
(1)
Convalescent homes and nursing homes.
(2)
Cemeteries.
(3)
Gardens, nurseries and orchards, provided that no
sales are conducted on the premises.
(8)
Bed-and-breakfast establishments, provided that the
owner resides on the premises.
(9)
Storage garage as an accessory building.
(10)
Day care (group).
(11)
Public and semipublic nonprofit institutional
uses, including churches, schools, libraries and the like, provided
that principal access shall be directly onto a collector or arterial
street.
(12)
Golf course and community centers.
(13)
Residential/office, provided that:
(a)
The building(s) is/are constructed prior to
January 1, 1950.
(b)
The building(s) is/are located on a collector
or arterial street.
(c)
Signage shall be limited to one identification sign of no greater than 32 square feet in accordance with Article XV.
(d)
The use will preserve a historic or culturally
significant site or structure that serves as an example of a style
of architecture or design that is characteristic of a past time or
culture in the Town of Grand Chute. For example, a farmstead containing
a house of Folk Victorian design could be determined to have historic
or cultural significance. The applicant shall provide information
or documentation on the site or structure's historic or cultural significance.
The Plan Commission shall make the final determination whether the
proposed project preserves a historic or culturally significant site
or structure. The Plan Commission may determine that the proposed
site or structure is historic but the site or structure need not be
enrolled in a national, state or local historical register.
(e)
The Town approves the proposed parking, landscaping
and lighting.
(f)
A residential/office use may include a contractor's office, showroom,
gift shop, and workshop located in a restored barn.
[Added 12-15-2009 by Ord. No. 2009-17]
(14)
Model homes.
(a)
Purpose. The purpose of this subsection is to
provide for the erection of model homes in new subdivisions without
adversely affecting the character of surrounding residential neighborhoods
by creating a general nuisance. As model homes represent a unique
temporary commercial use, special consideration must be given to peculiar
problems associated with them and special standards must be applied
to ensure reasonable compatibility with their surrounding environment.
(b)
Procedure. The erection of a model home(s) used
as a temporary real estate or builder's office(s) shall require a
special exception permit.
(c)
Requirements.
[2]
All model home lots shall be identified on the
final plat and located on either side of the public roads that enter
the subdivision.
[3]
A model home may be located only in a platted
subdivision of 10 or more vacant lots.
[4]
Performance requirements.
[a]
No model home shall incorporate
outside lighting which creates a nuisance due to glare or intensity.
Exterior lighting shall be limited to 100 watts per light and 40 watts
per bulb. No light shall be cast off the model home lot.
[b]
No audible music or other exterior
sound shall be audible beyond the lot line.
[c]
No dumpsters, port-a-potties or
building materials shall be stored on the site.
[e]
Temporary parking facilities shall
be provided on the site and shall include four parking spaces per
model home unit. Such temporary parking facilities shall provide handicap
accessible parking and accessible routes as required by the Grand
Chute Building Code. The overall design, drainage and surfacing of
the temporary parking facility shall be subject to the approval of
the Town.
[5]
The special exception permit for a model home
shall be for the shorter of one year or when houses are constructed
on 85% of the lots in the subdivision.
[6]
No residential occupancy permit shall be issued
for a model home until such time as the structure has been fully converted
to a residence. Such conversion shall include, but not be limited
to, elimination of temporary parking, driveway restoration and the
removal of signage and lighting. The restoration of all temporary
parking areas with appropriate landscaping shall be completed by the
end of the next growing season. The developer or contractor constructing
the model home shall provide the Town with a performance bond to insure
the residential conversion upon termination of the use or special
exception permit. The Town shall determine the amount of the bond.
[7]
The developer may apply for up to four special
event permits for special sales events in a calendar year, which may
be individually granted or denied in the discretion of the Town Board
based upon the risk of nuisance affecting occupied residences.
[8]
The Town shall set the hours of model home open
houses and exterior lighting. The standard hours shall be 1:00 p.m.
to 4:00 p.m. on Saturday and Sunday and 6:00 p.m. to 8:00 p.m. on
Mondays and Thursdays.
(15)
Dog kennel, provided that:
[Added 6-21-2011 by Ord. No. 2011-14]
(a)
The property must contain an owner-occupied single-family residence
and be a minimum lot size of two acres.
(b)
Based on the positioning of the residence on the lot, the rear yard
must abut:
(c)
No more than 12 dogs may be boarded, kept, harbored or owned in custody
(d)
The special exception permit holder will be obligated to maintain
quiet dogs as a condition for continuing the permit and reasonably
prevent other nuisances from occurring as a result of operating a
dog kennel.
E.
Dimensional requirements.
(1)
Single-family detached dwellings.
(a)
Within an approved and recorded subdivision
plat served by public sewer, minimum dimensions as follows: lot area:
7,200 square feet per dwelling; lot width: 60 feet; front yard: 25
feet; side yards: six feet each; rear yard: 25 feet; maximum lot coverage:
30%; maximum height: 35 feet (2 1/2 stories).
(b)
Not within an approved and recorded subdivision
plat but served by public sewer, minimum dimensions as follows: 9,000
square feet per dwelling; lot width: 75 feet; front yard: 25 feet;
side yards: six feet each; rear yard: 25 feet; maximum lot coverage:
20%; maximum height: 35 feet (2 1/2 stories).
(c)
Within an approved and recorded subdivision
plat not served by public sewer, minimum dimensions as follows: lot
area and lot width as provided in Ch. Comm 85, Wis. Adm. Code, but
in no event shall lot area be less than 15,000 square feet and lot
width be less than 90 feet; front yard: 25 feet; side yards: six feet
each; rear yard: 35 feet; maximum lot coverage: 15%; maximum height:
35 feet (2 1/2 stories).
(d)
Not within an approved and recorded subdivision
plat not served by public sewer, minimum dimensions as follows: lot
area and lot width as provided in Ch. Comm 85, Wis. Adm. Code, but
in no event shall lot area be less than 18,000 square feet and lot
width be less than 100 feet; front yard: 25 feet; side yards: six
feet each; rear yard: 40 feet; maximum lot coverage: 15%; maximum
height: 35 feet (2 1/2 stories).
(e)
Lot splitting. The purpose of this subsection
is to assure harmonious development and to reduce negative impact
on values, aesthetics, and transition of neighborhood character resulting
from extraordinary variations in lot size for single-family residential
dwellings that may result from the creation of new lots which are
exceptionally small in relation to existing adjacent lots. It is recognized
that the creation of new small lots adjacent to larger lots, even
if such lots meet other minimum lot size requirements under Town ordinances,
may be damaging to the values of adjacent residential properties and
result in home sizes out of character with the other development in
the immediate neighborhood. In furtherance of the purposes of this
subsection the following provisions shall apply:
[Amended 4-7-2011 by Ord. No. 2011-09]
[1]
The creation of any new lot resulting from creating
a parcel or split of an existing tax parcel creating any new lot less
than 14,400 square feet shall be subject to the restrictions below:
[a]
Such newly created lot shall equal
a minimum of 75% of the square footage lot area of any residential
lot bordering the new subject lot being created.
[b]
Any such new lot created shall
meet minimum square footage requirements under the Outagamie County
Airport Overlay Zoning Code regardless of any other restrictions or
authorizations in this subsection.
[2]
The foregoing restrictions shall only apply
under circumstances where an adjacent bordering single-family lot
has an existing completed single-family residential dwelling:
(2)
Other permitted or permissible uses and structures.
(a)
Detached accessory buildings. No detached accessory
building shall occupy any portion of the front yard, and no detached
accessory building shall occupy more than 30% of the rear yard or
be located within three feet of any other accessory building, principal
building or lot line.
(b)
Accessory structures. Notwithstanding fences,
residential driveways and parking lots, unless otherwise provided
by these regulations, no structure shall be located within 10 feet
of any accessory building or principal building or three feet of any
lot line.
[Amended 1-4-2000]
A.
Purpose. This district is intended to provide for
medium-density residential development with emphasis on two-family
and single-family attached residential uses. This district is also
intended to provide for infilling opportunities for parcels which
for various reasons have been bypassed by development. This district
is primarily intended to apply to areas presently served by a public
sewer system.
B.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-25B(1) through (4) in the RSF District.
(2)
Two-family dwellings served by a public sewer system.
(3)
Single-family attached dwellings served by a public
sewer system.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-25C(1) through (4) in the RSF District.
E.
Dimensional requirements.
(1)
Single-family detached dwellings. Dimensional requirements
as provided in the RSF District.
(2)
Two-family dwellings.
(a)
Served by public sewer and water, minimum dimensions
as follows: lot area: 9,000 square feet (4,500 square feet per family);
lot width: 75 feet; front yard: 25 feet; side yards: six feet each;
rear yard: 25 feet; maximum lot coverage: 30%; maximum height: 35
feet (2 1/2 stories).
(b)
Not served by public sewer, minimum dimensions
as follows: lot area and lot width as provided in Ch. Comm 85, Wis.
Adm. Code, but in no event shall lot area be less than 18,000 square
feet and lot width be less than 100 feet; front yard: 25 feet; side
yards: six feet each; rear yard: 40 feet; maximum lot coverage: 15%;
maximum height: 35 feet (2 1/2 stories).
(3)
Single-family attached dwellings. Each single-family attached development shall have a minimum lot area of 12,000 square feet and minimum lot width of 100 feet. Each group or series of single-family attached dwellings shall have a minimum front yard of 25 feet, side yards of six feet each, and rear yard of 25 feet. Maximum density is 10 dwelling units per net acre, maximum lot coverage is 25%, and maximum height is 35 feet (2 1/2 stories). Not more than six dwelling units shall be contiguous or in one series or group, and not more than two contiguous dwelling units in one group or series shall have the same or approximately the same roofline or building line. Not less than 40% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required for all single-family attached dwelling developments. Common open spaces shall be subject to the requirements of § 535-51.
(4)
Other permitted or permissible uses and structures.
Same dimensional requirements as provided in the RSF District.
[Amended 4-7-2011 by Ord. No. 2011-09]
[Added 1-4-2000]
A.
District intent.
(1)
The R-2 District is intended to:
(a)
Establish and preserve two-family residential
districts in the Town.
(b)
Permit medium-density suburban two-family residential
development in a manner that is consistent with providing a high-quality
suburban character as set forth in the Town of Grand Chute Comprehensive
Plan.[1]
(c)
Be served by public sanitary sewer and water
supply facilities.
(2)
Areas of open space may also be provided in this district
in order to maintain this character. The options in this district
promote open space and natural resource base protection. The requirements
for the various options available under the provisions of this district
are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-2 District requires development standards as set forth in Subsection F of this section.
C.
Permitted
principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses,
including churches, schools, libraries and the like, provided that
principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions
and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
D.
Permitted
accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction
of principal structures, provided that such structures are not used
for living purposes. Temporary structures shall not remain over 90
days after construction of the principal structure is substantially
complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
(2)
Lot dimensional requirements.
(a)
Minimum lot area: 14,520 square feet.
(b)
Minimum lot width at setback line: 90 feet.
(c)
Minimum front yard: 25 feet.
(d)
Minimum side yard: 10 feet.
(e)
Minimum rear yard: 25 feet.
(f)
Minimum front yard from private road: 25 feet.
(g)
Maximum building coverage (maximum percentage
of lot area): 30%.
[Added 1-4-2000]
A.
District intent.
(1)
The R-3 District is intended to:
(a)
Establish and preserve single-family attached
residential districts in the Town.
(b)
Permit medium-density type, owner-occupied,
single-family attached residential development in a manner that is
consistent with providing a high-quality suburban character as set
forth in the Town of Grand Chute Comprehensive Plan and components.[1]
(c)
Be served by public sanitary sewer and water
supply facilities.
(2)
Areas of open space may also be provided in this district
in order to maintain this character. The options in this district
promote open space and natural resource base protection. The requirements
for the various options available under the provisions of this district
are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-3 District requires development standards as set forth in Subsection J of this section.
C.
Permitted
principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses,
including churches, schools, libraries and the like, provided that
principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions
and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwelling served by a public
sewer system.
D.
Permitted
accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction
of principal structures, provided that such structures are not used
for living purposes. Temporary structures shall not remain over 90
days after construction of the principal structure is substantially
complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-3 District requires
the following architectural standards for principal and accessory
structures:
G.
Landscape and screening standards. The R-3 District
requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 30% of the perimeter front, side and rear yards. The landscaping
shall consist of a mixture of trees, bushes and evergreens suited
to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off
the property. Light poles shall not exceed 25 feet.
J.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
[Added 1-4-2000]
A.
District intent.
(1)
The R-4 District is intended to:
(a)
Establish and preserve multiple residential
districts in the Town.
(b)
Permit higher-density type multiple-family residential
development in a manner that is consistent with the provision of a
high-quality suburban community character as set forth in the Town
of Grand Chute Comprehensive Plan and components thereof.[1]
(c)
Be served by public sanitary sewer and water
supply facilities.
(d)
Be used as a transitional district between the
less dense residential districts and commercial and industrial districts.
(2)
Areas of open space may also be provided in this district
in order to maintain this character. The options in this district
promote open space and natural resource base protection. The requirements
for the various options available under the provisions of this district
are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. The R-4 District requires development standards as set forth in Subsection J of this section.
C.
Permitted
principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses,
including churches, schools, libraries and the like, provided that
principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions
and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwellings.
(8)
Multiple-family dwellings, provided that the building
does not exceed three stories in height.
D.
Permitted
accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction
of principal structures, provided that such structures are not used
for living purposes. Temporary structures shall not remain over 90
days after construction of the principal structure is substantially
complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-4 District requires
the following architectural standards for principal and accessory
structures.
G.
Landscape and screening standards. The R-4 District
requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 30% of the perimeter front, side and rear yards. The landscaping
shall consist of a mixture of trees, bushes and evergreens suited
to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off
the property. Light poles shall not exceed 25 feet.
[Added 1-4-2000]
A.
District intent.
(1)
The R-5 District is intended to:
(a)
Preserve preexisting multiple residential districts
in the Town.
(b)
Permit highest-density type multiple-family
residential development for infill or redevelopment projects in a
manner that is consistent with the provision of a high-quality suburban
community character as set forth in the Town of Grand Chute Comprehensive
Plan and components thereof.[1]
(c)
Be served by public sanitary sewer and water
supply facilities.
(d)
Be used as a transitional district between the
less dense residential districts and commercial and industrial districts.
(2)
Areas of open space may also be provided in this district
in order to maintain this character. The options in this district
promote open space and natural resource base protection. The requirements
for the various options available under the provisions of this district
are intended to reinforce the open nature of the Town's suburban environment.
B.
Development standards. R-5 District requires development standards as set forth in Subsection J of this section.
C.
Permitted
principal uses and structures.
(1)
Single-family detached dwellings.
(2)
Public and semipublic nonprofit institutional uses,
including churches, schools, libraries and the like, provided that
principal access shall be directly onto a collector or arterial street.
(3)
Parks, playgrounds, golf courses and community centers.
(4)
Community living arrangements subject to the provisions
and limitations of § 59.69(15), Wis. Stats.
(5)
Day care (family).
(6)
Two-family dwellings served by a public sewer system.
(7)
Single-family attached dwellings.
(8)
Multiple-family dwellings providing enclosed or underground
parking.
D.
Permitted
accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures.
(2)
Temporary structures in connection with the construction
of principal structures, provided that such structures are not used
for living purposes. Temporary structures shall not remain over 90
days after construction of the principal structure is substantially
complete.
(3)
Home occupations.
(4)
Public utility installations.
F.
Architectural standards. The R-5 District requires
the following architectural standards for principal and accessory
structures:
G.
Landscape and screening standards. The R-5 District
requires the following landscape standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 20% of the perimeter front, side and rear yards. The landscaping
shall consist of a mixture of trees, bushes and evergreens suited
to the location and providing year-round foliage.
H.
Lighting. No direct lighting shall be visible off
the property. Light poles shall not exceed 25 feet.
J.
District standards.
[Amended 4-7-2011 by Ord. No. 2011-09]
[Added 1-4-2000]
A.
Purpose. This district is intended to provide for
medium- to high-density residential areas with emphasis on multifamily
or apartment development. This district requires access to public
sewer.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures in § 535-25C(1) through (4) in the RSF District.
D.
Special exception uses and structures.
(1)
Special exception uses and structures in § 535-25D(1) through (5) in the RSF District.
(2)
Multiple-family dwellings in buildings exceeding three
stories in height.
E.
Dimensional requirements.
(1)
Single-family detached dwellings. Dimensional requirements
as provided in the RSF District.
(2)
Two-family dwellings. Dimensional requirements as
provided in the RTF District.
(3)
Single-family attached dwellings. Dimensional requirements
as provided in the RTF District.
(4)
Multiple-family dwellings.
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
Not exceeding three stories or 45 feet in height, minimum dimensions as follows: lot area: 10,000 square feet; lot width: 90 feet; front and rear yard: 25 feet; side yards: eight feet each; maximum density: 20 dwelling units per net acre; lot coverage 30%. If more than one building is located on the parcel, they may be no closer than 50 feet to each other, unless in a PUD (see § 535-59). Buildings shall be set back 20 feet from internal drives or parking areas. The Plan Commission may approve variations to the required internal setbacks if provisions have been made to provide acceptable alternatives to separate buildings from automobiles or when additional green space is provided to minimize crowding of buildings. Not less than 30% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required.
(b)
Exceeding three stories or 45 feet in height, minimum dimensions as follows: lot area: 20,000 square feet; lot width: 100 feet; side yards: eight feet each; front and rear yards: 25 feet; maximum density: 20 dwelling units per net acre; lot coverage: 30%. If more than one building is located on the parcel, then they may be no closer than 50 feet to each other, unless in a PUD (see § 535-59). Buildings shall be set back 20 feet from internal drives or parking areas. Not less than 30% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas. A site plan under Article X is required.
(5)
Other permitted or permissible uses and structures.
Same dimensional requirements as specified in the RSF District.
[Amended 4-7-2011 by Ord. No. 2011-09]
A.
Purpose. This district is intended to provide for
the convenience of persons residing in nearby residential areas and
accommodates the basic day-to-day shopping and service needs of the
residents living in the adjacent areas. The design and function of
this commercial district must minimize any potential negative impact
on the adjacent residential areas.
B.
C.
Principal permitted uses. None.
D.
Permitted accessory uses and structures.
E.
Special exceptions.
(1)
Art gallery, museum, library, community center or
other publicly owned and operated facility.
(2)
Automobile service.
(3)
Automobile filling station.
(4)
Convenience store.
(5)
Group day-care facilities.
(6)
Professional or business offices.
(7)
Service establishments, including barbershops or beauty
shops, laundry or dry cleaner and uses of a similar nature.
(8)
Places of worship.
F.
G.
Permitted accessory signs. As stipulated in Article XV, Signs and Billboards.
[Added 4-7-2011 by Ord. No. 2011-09]
I.
Architectural standards. The C-1 District requires
the following architectural standards for principal and accessory
structures:
(1)
At least 80% of all exterior walls shall be faced
with a brick, block, fieldstone or other masonry surface toward a
residential zone or public street.
(2)
No flat wall exceeding 25 feet in length shall be
permitted for any structure; wall offsets, architectural details and
wall facing shall be used to meet this requirement.
J.
Landscape and screening standards. The C-1 District
requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 15% of the perimeter front, side and rear yards. The landscaping
shall consist of a mixture of trees, bushes and evergreens suited
to the location and providing year-round foliage.
[Added 2-22-2001]
A.
Purpose. This district is intended to provide a buffer
between residential and commercial and/or industrial uses by permitting
professional and business offices. To serve as a buffer, landscaping,
parking lot, architectural and other requirements are required to
create a visual barrier and protector of the residential uses.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
D.
Permitted accessory uses and structures.
E.
Special exceptions.
(1)
Financial institutions.
(2)
Clubs and organization, profit and nonprofit.
(3)
Convalescent homes, nursing homes and day care (family
or group).
(4)
Veterinary offices.
(5)
Places of worship.
(6)
School, public or private.
(7)
Hospitals, health centers, nursing homes and convalescent
homes.
(8)
Vocational, trade or business schools.
F.
G.
Permitted accessory signs. As stipulated in Article XV, Signs and Billboards.
[Added 4-7-2011 by Ord. No. 2011-09]
I.
Architectural standards. The C-2 District requires
the following architectural standards for principal and accessory
structures:
J.
Landscape and screening standards. The C-2 District
requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 15% of the perimeter front, side and rear yards. The landscaping
shall consist of a mixture of trees, bushes and evergreens suited
to the location and providing year-round foliage.
[Amended 2-22-2001; 5-21-2002; 9-7-2004]
A.
Purpose. This district is intended to apply to commercial
establishments located to serve primarily localized commercial markets
throughout the Town. It is the intent of this district to encourage
grouping of such commercial establishments. The district is not intended
to apply to major or large-scale commercial establishments of a regional
character.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater
than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience
stores and other auto-related businesses.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county
highway.
(e)
Taverns or restaurants.
(f)
Proposed sign height is greater than or equal
to 25 feet.
C.
Permitted principal uses and structures.
(1)
Retail outlets, including the sale of food, liquor,
wearing apparel, art or photographic supplies, printing, books or
stationery, sundries or notions, jewelry, luggage, florist or gifts,
drugs, pets, home furnishings and appliances, sporting goods or hobbies,
automotive parts, hardware and building supply establishments and
uses of a similar nature.
(2)
Service establishments, including barbershop or beauty
shop, shoe repair, laundry or dry cleaner, appliance repair, photographic
or dance studio and uses of a similar nature.
(3)
Business and professional offices, including banks
and other financial institutions, insurance and real estate, travel
agency, medical or dental clinic, attorney's office, engineering office
and uses of a similar nature.
(4)
Taverns and restaurants.
(5)
Hotels and motels.
(6)
Vocational, business, and technical schools, clubs
and organizations, profit and nonprofit.
(7)
Indoor commercial recreational establishments conducted
entirely within a building(s) less than or equal to 40,000 square
feet, including motion-picture theaters, billiard parlors, arcades,
bowling alleys, rinks, and uses of a similar nature.
(9)
Office equipment and supplies.
(10)
Garden center, plant nursery or landscape contractor.
(11)
Veterinary offices.
(12)
Mortuaries.
(13)
Equipment rental.
(14)
Existing dwellings.
(15)
Existing storage establishments.
[Amended 3-16-2021 by Ord. No. 2021-04
D.
Permitted accessory uses and structures.
E.
Special exception uses and structures.
(1)
Automobile filling stations and car washes.
(2)
Automobile, boat, motorcycle, construction equipment
and farm implement sales, service and repair.
(3)
Wholesale and warehouse establishments.
(4)
Printing and publishing establishments.
(5)
Outdoor recreational establishments, including archery
ranges, miniature golf and amusements, motorized cart and motorcycle
tracks, campgrounds, stadiums, shooting ranges and uses of a similar
nature.
(6)
Light manufacturing uses and structures, such as packaging,
bottling, storage facilities and laboratories, provided that all activities
are conducted within completely enclosed buildings not involving odor,
noise, smoke or other noxious effects detectable to normal senses
from off the premises.
(7)
Radio stations - transmitter tower.
(8)
Dog kennel.
(10)
Building trades contractor with storage yard
for material and equipment on the premises, provided that all materials
and equipment are effectively screened from view from any residential
lot or public highway.
(11)
Agricultural-related uses and structures such
as feed mills and co-ops.
(12)
Woodworking and cabinetry.
(13)
Billboards.
(14)
Adult establishments.
(15)
Churches.
[Added 6-19-2007 by Ord. No. 2007-04]
(16)
Pawnbrokers and secondhand dealers.
[Added 2-3-2009 by Ord. No. 2009-03; amended 2-19-2009 by Ord. No. 2009-07]
(17)
Establishment that obtains a liquor license that includes licensing
any area outdoor or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
F.
Traffic impact. The Plan Commission may require a
traffic impact analysis for any use or structure proposed for construction
in this district.
[Amended 4-7-2011 by Ord. No. 2011-09]
G.
J.
Architectural standards. The CL District requires
the following architectural standards for principal and accessory
structures:
K.
Landscape and screening standards. The CL District
requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 25% of the perimeter front yards. The landscaping shall consist
of a mixture of trees, bushes and evergreens suited to the location
and providing year-round foliage.
[Amended 7-6-2000; 2-22-2001; 5-21-2002]
A.
Purpose. This district is intended to apply to areas
which are now intensely developed or are expected to be intensely
developed for commercial uses serving a regional commercial market.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater
than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience
stores and other auto-related business.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county
highway.
(e)
Taverns and restaurants.
(f)
Proposed sign height is greater than or equal
to 25 feet.
C.
Permitted principal uses and structures.
(1)
Permitted principal uses and structures in § 535-36C(1) through (3) in the CL District where the building or structure does not exceed 40,000 square feet of floor area. The front of all buildings shall be faced with decorative masonry or other materials of suitable aesthetic, safety and durability value.
(2)
Permitted principal uses and structures in § 535-36C(4) through (14) in the CL District. Building fronts shall meet the requirements of Subsection C(1) above.
D.
Permitted accessory uses and structures. Permitted
accessory uses and structures in the CL District.
E.
Special exception uses and structures.
(1)
Retail, service and office uses and structures where
the building or structure exceeds 40,000 square feet of floor area.
(2)
Special exception uses and structures in § 535-36E(1) through (9) in the CL District.
(3)
Indoor commercial recreational establishments conducted
entirely within a building(s) greater than 40,000 square feet, including
an arena, assembly hall, auditorium, amusement rides, water slides
and pools and uses of a similar nature.
(4)
Churches.
[Added 6-19-2007 by Ord. No. 2007-04]
(5)
Establishment
that obtains a liquor license that includes licensing any area outdoor
or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
F.
Traffic impact. The Plan Commission may require a
traffic impact analysis for any use or structure proposed for construction
in this district.
[Amended 4-7-2011 by Ord. No. 2011-09]
G.
J.
Architectural standards. The CR District requires
the following architectural standards for principal and accessory
structures:
K.
Landscape and screening standards. The CR District
requires the following landscaping standards:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Landscaping other than turf or grass shall equal at
least 25% of the perimeter front yards. The landscaping shall consist
of a mixture of trees, bushes and evergreens suited to the location
and providing year-round foliage.
[Amended 7-6-2000; 2-22-2001]
A.
Purpose. This district is intended to apply to large-scale
commercial developments with either single or multiple buildings on
a single lot or parcel designed and managed as a single entity. This
district should be located such that there is direct access to major
arterial streets and highways.
B.
Permitted principal uses and structures.
[Amended 11-18-2008 by Ord. No. 2008-11]
(1)
Business and professional offices.
D.
Special exception uses and structures.
[Amended 11-18-2008 by Ord. No. 2008-11]
(1)
Group day-care facilities.
(2)
Facilities defined by Chs. DOC 348 and 350, Wis. Adm.
Code.
(3)
Art gallery, museum, library, community center, and
publicly owned and operated recreational facilities.
(4)
Hotels and restaurants.
(5)
Clubs and organizations.
(6)
Retail shopping centers, provided that all sales and
storage are conducted within a completely enclosed building.
(7)
Hospitals, health centers, nursing homes and convalescent
homes.
(8)
Vocational, trade or business schools.
(9)
Publicly owned auditoriums or convention centers.
(10)
Wholesale and warehouse establishments.
(11)
Printing and publishing establishments.
(12)
Light manufacturing uses and structures, such
as packaging, bottling, and storage facilities and laboratories, provided
that all activities are conducted within completely enclosed buildings,
not involving odor, noise, smoke or other noxious effects detectable
to normal senses from off the premises.
(13)
Establishment that obtains a liquor license that includes licensing
any area outdoor or exterior to the principal building.
[Added 3-17-2009 by Ord. No. 2009-10]
E.
District standards.
[Amended 9-16-2008 by Ord. No. 2008-08; 4-7-2011 by Ord. No.
2011-09]
(1)
All permissible principal uses and structures. Minimum dimensions: maximum lot coverage: 35%. This district contemplates more than one principal building on a lot. There are no minimum lot area requirements per building. However, no building shall be located within 25 feet of another building or exterior property line. There are no maximum height requirements except that for every two feet in height above four stories or 50 feet the width or depth of yards adjacent to exterior lot lines shall be increased one foot. A site plan under Article X is required.
F.
Traffic impact. The Plan Commission may require a
traffic impact analysis for any use or structure proposed for construction
in this district.
[Added 4-7-2011 by Ord. No. 2011-09]
[Amended 2-22-2001; 3-5-2002; 5-21-2002]
A.
Purpose. This district is intended primarily for manufacturing
and closely related uses. It is intended to preserve such lands for
the functions of industrial activity, wholesaling, warehousing and
distribution. To allow maximum latitude for operations, performance
standards are applied at district boundaries. It is further the intent
of this district that it be so located in relation to major thoroughfares
that resulting traffic generated by industrial activity will not be
channeled through residential areas.
B.
Site plan review.
(1)
The following uses and projects shall obtain site plan approval from the Plan Commission, in accordance with Article X of this chapter, prior to issuance of a building permit:
[Amended 4-7-2011 by Ord. No. 2011-09]
(a)
The proposed building or structure is greater
than or equal to 10,000 square feet.
(b)
All special exception uses, including convenience
stores and other auto-related businesses.
(c)
The site adjoins a residential district boundary.
(d)
The site adjoins a federal, state or county
highway.
(e)
Taverns or restaurants.
(f)
Proposed sign height is greater than or equal
to 25 feet.
C.
Permitted principal uses and structures.
(1)
Wholesaling, warehouse, storage or distribution establishments
(except bulk storage of flammable liquids) and uses of a similar nature.
(2)
Printing and publishing.
(3)
Service establishments catering to commercial and
industrial uses, including business machine services, linen supply,
freight movers, communication services, canteen services and uses
of a similar nature.
(4)
Light manufacturing uses, including bottling, packaging,
laboratories and uses of a similar nature.
(5)
Manufacturing uses, including production, processing, cleaning, testing and the distribution of materials and goods, except wrecking yards, fertilizer and chemical manufacture and canneries or slaughterhouses. All manufacturing uses are subject to the provisions of Subsection G.
(6)
Building contractor with storage yard.
(7)
Transportation terminals.
D.
Permitted accessory uses and structures.
(1)
Uses and structures customarily accessory and clearly
incidental to permissible principal uses and structures.
(2)
Outside storage of materials and products, provided
that such storage shall not be closer than 25 feet to the street line
or 10 feet to any lot line. Storage areas shall be enclosed by fencing
material and/or landscaping to be 75% or more opaque between two and
six feet above average ground level. All storage areas shall be surfaced
with gravel or hard surface materials. Storage materials shall not
be piled or stacked to a height beyond the principal building.
(3)
Temporary storage of waste materials and trash, provided
that such materials/trash shall be enclosed by a fence of solid material
not less than six feet in height.
(4)
Public utility installations.
E.
Special exception uses and structures.
(1)
Automobile, boat, construction and farm implement
sales, service and repair.
(2)
Bulk storage of flammable liquids.
(3)
Agricultural-related uses, including feed mills and
co-ops.
(6)
Automobile wrecking or salvage yards and junkyards, provided that such use shall not be located closer than 250 feet to any property zoned residential, and no portion of the lot within 25 feet of a public street or highway shall be used for any purpose other than off-street parking for employees or patrons. All activities and storage shall be completely enclosed pursuant to the landscaped buffer requirements of § 535-52.
(7)
Sanitary landfills and energy recovery systems.
(8)
Group day-care facilities.
(9)
Cellular, radio-telephone towers.
(10)
Filling stations and convenience stores.
F.
G.
Industrial and commercial district performance standards.
(1)
Intent. It is the intent of this chapter to use performance
standards for the regulation of all industrial and commercial districts
to facilitate a more objective and equitable basis for control and
to ensure that the community is adequately protected from potential
hazardous and nuisance-like effects.
(2)
Standards of operation.
(a)
Noise and vibration. No operation or activity
shall transmit any noise or vibration that is above the vibration
perception threshold of an individual at or beyond the industrial
or commercial district boundaries. "Vibration perception threshold"
means the minimum ground- or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects. Vibrations not directly under the control of the
property user and vibrations from temporary construction or maintenance
activities shall be exempt from the above standard.
(b)
External lighting. No operation or activity
shall produce any intense glare or lighting with the source directly
visible beyond the parallel boundary towards a public street or a
residential district.
(c)
Odor. No operation or activity shall emit any
substance or combination of substances in such quantities that create
an objectionable odor as defined in Ch. NR 429, Wis. Adm. Code.
(d)
Particulate emissions. No operation or activity
shall emit any particulate matter into the ambient air which exceeds
the limitations as established in Ch. NR 415, Wis. Adm. Code.
(e)
Visible emissions. No operation or activity
shall emit into the ambient air from any direct or portable source
any matter that will affect visibility in excess of the limitations
established in Ch. NR 431, Wis. Adm. Code.
(f)
Hazardous pollutants. No operation or activity
shall emit any hazardous substances in such a quantity, concentration
or duration as to be injurious to human health or property, and all
emissions of hazardous substances shall not exceed the limitations
established in Ch. NR 445, Wis. Adm. Code.
(g)
Outdoor storage. No operation shall store any
component, part or raw material outdoors unless screened by an opaque
fence or landscape buffer from a public street or a residential district.
(3)
Administration. Determinations necessary for the administration
and enforcement of these standards range from those which can be made
by a reasonable person using normal senses and no mechanical equipment
to those requiring substantial technical competence and complex equipment.
It is the intent of this chapter that the methods to be used in determining
compliance shall be the responsibility of the Building Inspector and
Administrator subject to the following procedure:
(a)
Approval of building permits. Prior to approving
a building permit for any industrial use or any change thereof, the
Building Inspector and Administrator shall have received from the
applicant evidence or assurance that the proposed use or changing
use will satisfy all the standards of this chapter.[2]
(b)
Violation of standards. Whenever the Building
Inspector or Administrator has reason to believe the air quality,
vibration and exterior lighting standards of this chapter have been
violated, written notice shall be made by certified mail to the person
or persons responsible for the alleged violation. Such notice shall
describe the alleged violation and shall require an answer or correction
of the alleged violation within 30 days. Failure to reply or correct
the alleged violation within 30 days may cause lawful action to be
taken to cause correction as provided in this chapter or referral
of the alleged violation to the appropriate authorities.
[Added 1-18-2011 by Ord. No. 2011-03]
A.
Purpose. This district is intended to promote large-scale commercial,
industrial, institutional, and mixed-use development that may be built
out in multiple phases in accordance with a master development plan.
It is the intent of this district to assure that development is planned
and accomplished within the Town's goals for the surrounding neighborhood
and the community as a whole; promote flexibility in design and efficient
use of land; provide for architectural unity and design harmony; preserve,
to the greatest extent feasible, existing landscape features and natural
amenities; enhance the natural setting through planned placement of
man-made facilities and plant materials; and provide more usable common
and open space areas than would otherwise be possible under conventional
land development practices.
B.
Interpretation. Development shall be planned, reviewed and carried
out in conformance with all municipal, state, and other laws and regulations.
However, in interpreting and applying the provisions of this section,
it shall take precedence and be controlling when there is conflict
between its provisions and those contained elsewhere in this chapter.
C.
Approval procedure. To develop land under this district classification
requires a two-step approval procedure, as described in this section.
The initial step requires the approval by the Town of a master development
plan for the area to be developed and the approval of the rezoning
of said area to PDD Planned Development District. The second step
requires project plan approval, by Town ordinance, before any phase
of development commences within the area zoned PDD Planned Development
District.
D.
Permitted uses.
(1)
No structure or building shall be erected that is arranged, intended,
or designed to be used for other than those uses that are specifically
approved by the Town in the ordinance authorizing project approval.
In accordance with the adopted master development plan and the Town's
Comprehensive Plan, the Town Board may allow as permitted uses those
principal, accessory, or special exception uses allowed in the RSF,
RTF, R-2, R-3, R-4, R-5, RMF, C-1, C-2, CL, CR, CP, and IND District
classifications as cited in this chapter.[1]
(2)
Notwithstanding any other provisions in this chapter, all lawful
uses existing on the effective date of the ordinance from which this
section is derived may be continued until a project approval ordinance
is adopted that would allow additional or different uses. No such
lawful uses shall be expanded or exchanged, except as provided for
in a project approval ordinance.
E.
Use standards. Permitted uses, all of which are subject to project
approval, shall be governed by performance standards that relate to
the total concept of the master development plan. Such standards shall
be consistent with the criteria set forth in this section and with
generally accepted standards necessary to ensure the protection of
the public health, safety, and welfare. All use standards and requirements
shall be established as conditions in the ordinance(s) authorizing
project approval.
(1)
Tract size. The minimum size of any area in the Planned Development
District shall be two acres.
(2)
Setbacks. Setbacks for structures and parking areas shall be established
so as to ensure compatibility both within the district and with adjoining
developments, uses, and zoning districts. In establishing setbacks,
the Plan Commission and Town Board shall consider suitable distances
based on the proposed heights of structures, to ensure adequate separation
of uses.
(3)
Height limitations. Heights of structures shall be regulated to the
extent that they relate to the proposed development and to the general
area within which the development is proposed to be located.
(4)
Density. The maximum lot coverage for commercial and institutional
structures and buildings shall be 35%. The Plan Commission, upon review,
may increase the maximum lot coverage for commercial and institutional
structures and buildings to 40%. The maximum lot coverage for industrial
structures and buildings shall be 60%. The maximum dwelling unit density
shall be 20 units per net acre with maximum lot coverage of 70%.
(5)
Landscape and open space. Landscaping shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. At a minimum, all uses must meet the landscape standards set forth in Article VI of this chapter.
(6)
Signs. Specific sign regulations shall be contained in each project
approval ordinance; however, in no case shall they be less restrictive
than those required for signs in the CL and CR Commercial Districts.
(7)
Off-street parking. All off-street parking must meet the requirements set forth in Article VI of this chapter.
(8)
Design considerations. Design standards and requirements outlined
below will be utilized by the Plan Commission in determining the adequacy
of all development plans in the district.
(a)
Consideration shall be given to the master development plan
for the district, to ensure compatibility with established goals and
priorities.
(b)
The development shall take into account relevant features of
adjacent existing development.
(c)
Overall design shall provide for the appearance of external
unity throughout the development. Variations in building elevations
and materials used therein shall be encouraged insofar as they reinforce
rather than hamper design harmony.
(d)
Physical layout and form of all development shall be designed
with regard to the topography and natural features of the site.
(e)
The site shall be planned to provide a desirable transition
from the adjoining streetscape and to provide for adequate landscaping,
parking areas and pedestrian and bike facilities.
(f)
Plant material shall be selected for interest in structure,
texture, color, and ultimate appearance upon full maturity. Native
plant materials shall be employed as feasible. Existing trees shall
be preserved whenever possible.
(g)
Sidewalks and/or trails shall be provided on the site as deemed
necessary for safe and convenient movement to and from peripheries
of the district and for internal flow within the development area.
Sidewalk/trail widths shall be designed with regard to their anticipated
function and usage. Natural features of the area to be traversed and
lighting suitable in scale with the project shall also be considered.
(h)
Parking areas shall be screened from adjacent properties and
roads with hedges, dense plantings, earth berms, changes in grade,
fences, or walls. In addition, all parking lots shall be designed
to accommodate tree and/or shrub plantings along internal islands,
at levels determined appropriate with each project approval ordinance.
F.
Zoning and master plan approval procedure. The procedure required to rezone property to PDD Planned Development District shall follow the requirements set forth in Article XIII of this chapter, except that a rezoning application must be accompanied by a master development plan that meets the following requirements:
(1)
Preapplication consultation. This meeting is intended to inform the
Town of the proposed project and to inform the applicant of the code
standards and regulations that will impact the project. The applicant
will meet with the Department of Community Development and other departments
of the Town, as required, in preparation for submitting a rezoning
application.
(2)
Application for zoning and master plan approval. Applications for
approval shall be filed with the Department of Community Development.
Necessary supporting documents and maps, as specified herein, along
with the required filing fee, shall accompany the application. The
submitted master development plan shall include:
(a)
The names, postal and e-mail addresses, and telephone numbers
of the owner, developer, and site planner/designer.
(b)
A legal description of the site, the dimensions and bearings
of exterior boundaries, and a description of easements or other restrictions
impacting the site.
(c)
A statement describing the general character of the proposed
development, its conformance with neighborhood and community goals,
timing of the development, and appropriate data, including total acreage,
land use types, development densities, and, if appropriate, the number
and type of dwelling units.
(d)
A general outline describing the owner-developer relationship,
anticipated deed restrictions, and prospective private provision of
common services, if any.
(e)
Existing site conditions, including topography at intervals
no greater than two feet, existing improvements, along with an indication
as to whether they will be retained or removed, drainage patterns,
and wooded, wetland, or other natural features.
(f)
The pattern of proposed land uses, including the shape, size
and arrangement of use areas, and their relationship to adjoining
uses, as well as a graphic outline showing proposed staging and development
time lines.
(g)
The pattern of public and private streets.
(h)
A preliminary utility feasibility plan.
(i)
The location and description of any land areas to be dedicated
to the public.
(3)
Review and approval of zoning and master plan. Approval of the rezoning
to PDD Planned Development District shall constitute approval of the
related master development plan. Said plan shall be considered an
integral component of the district regulations for the area being
rezoned and shall establish the basic rights of use for the area.
G.
Project plan approval procedure. No development, construction, reconstruction,
or alteration affecting approved uses may occur in an area zoned PDD
Planned Development District until project plan approval has been
granted by the Plan Commission and Town Board. In the case of a development
that is built out in multiple phases, a separate project plan approval
is required for each phase. The procedure for project plan approval
is as follows:
(1)
Application for project plan approval. Applications for project plan
approval shall be filed with the Department of Community Development.
Necessary supporting documents and maps, as specified herein, along
with the required filing fee, shall accompany the application. The
submitted project plan approval application shall include:
(a)
Certified topographic survey, showing:
[1]
Legal description of the site being developed, names of all
property owners, and seal of the registered surveyor making the survey/map.
[2]
Dimensions and bearings of external property boundaries.
[3]
The location of all existing structures, easements, utilities,
streets, sidewalks, trees, parking areas, curb openings, floodplain
and wetlands areas, navigable streams, on-site stormwater management
controls, and public dedication areas, either contained upon or adjacent
to the site.
[4]
Contour intervals of not more than two feet.
(b)
Project site plan, showing:
[1]
Areas to be developed for buildings, parking, landscaping/open
space, stormwater management control, pedestrian and vehicular circulation,
points of ingress/egress, finished topography/grade elevations, and
locations of all existing and proposed public and private utilities.
[2]
The names, right-of way and roadway widths, approximate radii
curves, and tangent lengths of all proposed public and private streets.
[3]
Detailed lot layout and subdivision plan, where required.
[4]
Representative floor plans and exterior elevations of proposed
structures and buildings, showing exterior building materials, and
drawn in relation to existing and proposed final elevations.
[5]
Grading plan.
[6]
Drainage and stormwater management plan.
[7]
Erosion control plan.
[9]
Signage and site lighting plan.
(c)
Copies of agreements, bylaws, deed restrictions, covenants or
other provisions governing the organizational structure of the owner(s)
and/or the use, maintenance and enjoyment of the site and any of its
common services, common open areas, or other facilities.
(d)
Narrative statements explaining:
[1]
The proposed development, including the nature of the project,
proposed land uses, building types, time line for full build-out,
and acknowledgement that the project for which approval is requested
is in conformance with the master development plan for the area.
[2]
Quantitative data, including total number, type, size, and height of proposed structures and buildings, individual parcel sizes, if any, lot coverage, number and type of landscape materials to be used, and total off-street parking stalls to be provided in comparison to the requirements set forth in Article VI of this chapter.
[3]
A use analysis report detailing projected job impact, approximate
utility needs and effect upon capacity of existing public and private
infrastructure that will serve the area, possible nuisance factors,
either construction-related or permanent, and the proposed means to
mitigate them.
H.
Project plan review and approval. At its next regularly scheduled
meeting, the Plan Commission shall initiate review and action on the
proposed project. The Plan Commission shall, within 45 days from its
initial review meeting, determine the appropriateness of the proposed
project and its conformance with the master development plan for the
district as well as the requirements of this section. The Plan Commission
shall recommend to the Town Board that the project be approved, approved
with conditions and/or modifications, or denied. If denied, the Plan
Commission shall enumerate the reasons for such recommendation. Upon
receipt of the recommendation of the Plan Commission, the Town Board
shall deliberate over the proposed project and, by ordinance, vote
to approve or deny the project.
I.
Changes in approved project. Modifications to an approved project
that will cause a change in the use, character or arrangement of the
development, or a change in approved open space, lot coverage of structures
and buildings, traffic circulation and public utilities, or a change
in off-street parking areas, pavement widths, or signage, shall be
authorized by the Town Board upon recommendation of the Plan Commission.
Any approved changes shall be in ordinance form as amendments to the
previously granted project plan approval. Minor changes in location
and elevation of buildings, driving and parking areas, and site landscaping
may be authorized by the Community Development Director, if such changes
are required by engineering or other circumstances that could not
have been foreseen at the time project approval was granted.
J.
Expiration of approval. If after 12 months from the project approval
date required building and mechanical permits have not been issued
and/or all subsurface construction to grade level has not been completed
and/or no use as established by the approval ordinance is operating,
said approval shall lapse and be of no further effect. If a project
approval ordinance lapses under the provisions of this section, the
zoning regulations applicable to the PDD Planned Development District
shall be in effect.
[Amended 7-6-2000; 2-22-2001; 4-20-2004; 1-18-2011 by Ord. No. 2011-02]
A.
Adult establishments. Adult establishments include
bookstores, motion-picture theaters, mini motion-picture theaters,
bathhouses, massage parlors, modeling studios, body painting studios
and cabarets. Adult establishments shall meet the following requirements:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
ADULT BATHHOUSE
ADULT BODY PAINTING STUDIO
ADULT BOOKSTORE
ADULT CABARET
ADULT MASSAGE PARLOR
ADULT MINI MOTION-PICTURE THEATER
ADULT MODELING STUDIO
ADULT MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER (OUTDOOR)
ADULT NOVELTY SHOP
SPECIFIED ANATOMICAL AREAS
[1]
SPECIFIED SEXUAL ACTIVITIES
[2]
Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the State of Wisconsin and which establishment
provides to its patrons an opportunity for engaging in specified sexual
activities as defined in this subsection.
An establishment or business wherein patrons are afforded
an opportunity to paint images on a body which is wholly or partially
nude. For purposes of this subsection, "adult body painting studio"
shall not be deemed to include a tattoo parlor.
An establishment having as a substantial or significant portion
of its stock and trade in books, magazines or other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as defined herein or an establishment with a segment
or section devoted to the sale or display of such material.
An establishment or business which features male and/or female
topless and/or bottomless dancers, go-go dancers, exotic dancers,
strippers, burlesque shows, male or female impersonators, or similar
entertainers.
An establishment or business with or without sleeping accommodations
which provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body and all forms and
methods of physiotherapy, not operated by a medical practitioner or
professional physical therapist licensed by the State of Wisconsin
and which establishment provides for its patrons the opportunity to
engage in specified sexual activities as defined in this subsection.
An enclosed building with a capacity for fewer than 50 persons
used for presenting materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined herein
for observation by patrons therein.
An establishment or business which provides the services
of modeling for the purpose of reproducing the human body wholly or
partially in the nude by means of photography, painting, sketching,
drawing or otherwise.
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined herein
for observation by patrons therein.
A parcel of land from which individuals may view a motion
picture presented outdoors which presents material distinguishably
characterized by an emphasis on matters depicting, describing or relating
to specified sexual activities or specified anatomical areas.
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on, or designed for,
specified sexual activities as defined herein or stimulating such
activity.
(2)
General standards.[3]
(a)
Adult establishments as defined in this Subsection A are special exception uses in the CL District.
(b)
No more than one of the above adult establishments
may be established on any one parcel, and the establishment of any
one of the above adult establishments shall be at least 1,500 feet
from the establishment of any other adult establishment. No adult
establishment shall be permitted within 2,000 feet of any land used
or zoned for residential purposes or within 2,000 feet of any church
or school.
(c)
Signs advertising any of the aforementioned adult establishments shall conform to Article XV of this chapter, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises and with the further exception that signs will not depict specified sexual activities and/or specified anatomical areas as defined in this Subsection A and provided further that there shall be no flashing or traveling lights located outside the building.
(d)
Adequate parking shall be provided in a lighted
area.
(e)
There shall be no display windows on the premises.
(f)
The owner and/or operator of the adult establishment
shall agree to comply with all state, federal and local laws and ordinances,
including obscenity, liquor and cabaret laws, and shall further ensure
that minors are not permitted on the premises. Solicitation for purposes
of prostitution shall be strictly prohibited.
(g)
In the case of adult cabarets, there shall be compliance with § 535-39G(2)(a) of this chapter relating to noise, and the hours of operation of such establishments shall be limited to the same hours of operation for bars and taverns within the community within which the district is located.
(h)
The owner of the parcel upon which the adult
establishment is to be established and the operator of the establishment
and owner of the establishment shall appear in person before the Plan
Commission.
B.
Convenience stores.
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Direct access to arterial streets required. All convenience
stores shall have direct access to an arterial street which is a federal,
state, or county designated highway, except where it is part of a
nonresidential development where access is provided by a parallel
access road, or reverse frontage road, where nonresidential uses will
be on both sides of the street.
(2)
Architectural design. All convenience stores adjoining
residential uses and zoning districts shall have pitched roofs matching
the rooflines of adjoining residential structures. Each convenience
store building shall use the same architectural materials on all sides
of the building.
(3)
Fuel pump location. Any fuel pump, underground fuel
storage tanks and islands shall be at least 50 feet from any street
or abutting lot line and meet all other State of Wisconsin regulations.
(4)
Canopies. The canopies provided over the pump islands
of convenience stores with gas pumps shall meet the yard requirements
of a principal structure. In addition:
(a)
Obstruction of visibility at rights-of-way prohibited.
The canopy shall not block visibility at intersections of rights-of-way
or drives.
(b)
Zoning district front yard requirements shall
be met. All pump islands, their surrounding structures and the canopy
overhang shall meet the zoning district's front yard requirement.
(c)
Maximum height. Under no circumstances shall
the canopy be higher than 25 feet.
(d)
Signs not permitted. No signs shall be permitted
on canopy roofs.
(5)
Lighting. The off-street parking and fueling area
may be illuminated. Total cutoff of light shall be at an angle of
less than 90° and shall be located so that the bare light bulb,
lamp or light source is completely shielded from the direct view of
an observer five feet above the ground at the point where the cutoff
angle intersects the ground and so that no light can be viewed from
any abutting residential zoning districts.
(6)
Hours of operation. Hours of operation shall be established
by the Plan Commission.
(7)
Outdoor display.
(a)
Products shall be sold by the principal business
or agricultural products sold by the producer.
(b)
The principal business sales display shall be
placed under or attached to permitted structures only. No display
or outdoor sales shall be placed in or sold out of a truck, van or
other vehicle or a temporary structure.
(c)
All private sidewalks serving the site shall
keep a minimum of 36 inches clear of all obstructions or display items.
C.
Vehicle repair facilities and gas stations with repair
facilities. Gas stations, gas stations with vehicle repair facilities
and vehicle repair facilities shall meet the following requirements:
[Amended 4-7-2011 by Ord. No. 2011-09]
(1)
Direct access to arterial streets required. All vehicle
repair facilities and gas stations shall have direct access to an
arterial street which is a federal, state or county designated highway,
except where it is part of a nonresidential development where access
is provided by a parallel access road or reverse frontage road where
nonresidential uses will be on both sides of the street.
(2)
Architectural design. All vehicle repair facilities
and gas stations adjoining residential uses and zoning districts shall
have pitched roofs matching the rooflines of adjoining residential
structures. The buildings shall use the same architectural materials
on all sides of the building.
(3)
Lighting. The off-street parking and fueling area
may be illuminated. Total cutoff of light shall be at an angle of
less than 90° and shall be located so that the bare light bulb,
lamp or light source is completely shielded from the direct view of
an observer five feet above the ground at the point where the cutoff
angle intersects the ground and so that no light can be viewed from
any abutting residential zoning districts.
(4)
Repair services. All repair services shall be performed
within a completely enclosed building and shall meet the following
requirements:
(a)
All storage of vehicles awaiting needed parts
shall be within the building or in an enclosed or screened-in yard.
(b)
All damaged or nonoperable parts shall be stored
indoors until removed from the premises.
(c)
An automotive repair facility shall store all
vehicle parts within a completely enclosed building.
(d)
The maximum allowable number of tow trucks which
can be parked at the site shall be determined by the Plan Commission
as a condition of approval of the special exception permit.
(5)
Hours of operation. Hours of operation shall be established
by the Plan Commission.
D.
Mini warehouses. Mini warehouse facilities shall meet
the following requirements:
(1)
Limitations on use of facilities. Such facilities
shall be used only for the storage of materials or articles and shall
not be used for assembly, fabrication, processing or repair.
(2)
Services and sales activities prohibited. No services
or sales shall be conducted from any storage unit. Garage sales and/or
flea market type activities are prohibited.
(3)
Practice rooms, meeting rooms and residences prohibited.
Facilities shall not be used for practice rooms, meeting rooms or
residences.
(4)
Outdoor storage prohibited. No outdoor storage shall
be permitted.
(5)
Storage of explosive or highly flammable material
prohibited. Storage of explosive or highly flammable material shall
be prohibited.
