For the purposes of this chapter, the Village is hereby divided
into the following zoning districts:
A.
R-SL Single-Family Residential Low-Density District.
B.
R-SM Single-Family Residential Medium-Density District.
C.
R-M Multifamily Residential District.
D.
R-MH Manufactured Home Residential District.
E.
B-G General Business District.
F.
B-N Neighborhood Business District.
G.
B-H Highway Business District.
H.
B-P Business Park District.
I.
I Industrial District.
J.
RD Rural Development District.
K.
PG Public Grounds District.
L.
C Conservancy District.
M.
PUD Planned Unit Development District.
A.
Zoning Map. The boundaries of the districts enumerated in § 390-12 above are hereby established as shown on a map entitled "Zoning Map, Village of Benton, Wisconsin," dated March 5, 1997, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer. Changes to the districts subsequent to March 5, 1997, shall not be effective until entered and attested on this certified copy.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits; United States Public Land Survey lines; lot or property lines;
center lines of streets, highways, alleys, easements and railroad
rights-of-way; or such lines extended unless otherwise noted on the
Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations
with the Village subsequent to the effective date of this chapter
shall be placed in the RD Rural Development District unless the annexation
ordinance temporarily placed the land in another district. Within
one year, the Plan Commission shall evaluate and recommend a permanent
district classification to the Village Board.
A.
Purpose. The R-SL District is intended to provide a quiet, pleasant
and relatively spacious living area protected from traffic hazards
and the intrusion of incompatible land uses.
B.
Permitted uses. The following uses of land are permitted in the R-SL
District:
(1)
Single-family detached dwellings.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential
parcel with a maximum of 1,200 square feet, with no single side larger
than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential
use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for eight or
fewer persons. Such community living arrangements shall be subject
to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(4)
A foster home or treatment foster home, as defined in § 48.02(6),
Wis. Stats., that is the primary domicile of a foster parent or treatment
foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
Foster homes and treatment foster homes, as defined in § 48.02(6),
Wis. Stats., operated by corporations, child welfare agencies, churches,
associations or public agencies. Such facilities shall be subject
to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the
facility.
(c)
The total capacity of such facilities located within the Village
shall not exceed 25 persons or 1% of the Village's population, whichever
is greater.
(6)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(7)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats.
Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b),
Wis. Stats., or community living arrangement shall be located within
1/4 mile of an adult family home, as defined in § 50.01(1)(b),
Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses
within the R-SL District:
(1)
Home occupations and professional home offices.
(2)
Storage building in excess of 225 square feet.
(3)
Boarding, rooming, lodging, and bed-and-breakfast houses.
(4)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(5)
Utilities.
(6)
Elementary and secondary schools, churches.
A.
Purpose. The R-SM District is intended to provide for moderate- to
medium-density residential development with emphasis on single-family
residential uses. This district is also intended to provide for alternative
development types and for infill opportunities for parcels which have
been bypassed for development. Nonresidential uses are limited to
those which are compatible with the medium-density character of the
district.
B.
Permitted uses. The following uses of land are permitted in the R-SM
District:
(1)
Single-family detached dwellings.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential
parcel with a maximum of 1,200 square feet, with no single side larger
than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential
use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for eight or
fewer persons. Such community living arrangements shall be subject
to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(4)
A foster home or treatment foster home, as defined in § 48.02(6),
Wis. Stats., that is the primary domicile of a foster parent or treatment
foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
Foster homes and treatment foster homes, as defined in § 48.02(6),
Wis. Stats., operated by corporations, child welfare agencies, churches,
associations or public agencies. Such facilities shall be subject
to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the
facility.
(c)
The total capacity of such facilities located within the Village
shall not exceed 25 persons or 1% of the Village's population, whichever
is greater.
(6)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(7)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats.
Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b),
Wis. Stats., or community living arrangement shall be located within
1/4 mile of an adult family home, as defined in § 50.01(1)(b),
Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses
within the R-SM District:
(1)
Home occupations and professional home offices.
(2)
Storage building in excess of 225 square feet.
(3)
Boarding, rooming, lodging, and bed-and-breakfast houses.
(4)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(5)
Utilities.
(6)
Elementary and secondary schools, churches.
(7)
Funeral homes.
(8)
Two-family dwellings.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 60 feet.
(2)
Lot depth: minimum 80 feet.
(3)
Lot area: minimum 7,200 square feet.
(4)
Principal building:
(a)
Front yard: minimum 20 feet.
(b)
Side yards: minimum eight feet, but both side yards shall total
a minimum of 20 feet.
(c)
Rear yard: minimum 25 feet.
(d)
Building height: maximum 35 feet.
(e)
Building area. Each side of a home shall be a minimum 20 feet
but not less than 720 square feet total floor area.
A.
Purpose. The R-M District is intended to provide a living area that
is pleasant but not so spacious as the R-S Districts, in order to
accommodate multiple-family residences.
B.
Permitted uses. The following uses of land are permitted in the R-M
District:
(1)
Multiple-family residential buildings.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to three cars for each residential
parcel with a maximum of 1,200 square feet, with no single side larger
than 40 feet;
[Amended 11-5-2003 by Ord. No. 03-04]
(b)
Gardening, tool and storage sheds incidental to the residential
use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
(3)
Community living arrangements which have a capacity for 15 or fewer
persons. Such community living arrangements shall be subject to the
following criteria:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(4)
Boarding, rooming, lodging, and bed-and-breakfast houses.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
A foster home or treatment foster home, as defined in § 48.02(6),
Wis. Stats., that is the primary domicile of a foster parent or treatment
foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(6)
Foster homes and treatment foster homes, as defined in § 48.02(6),
Wis. Stats., operated by corporations, child welfare agencies, churches,
associations or public agencies. Such facilities shall be subject
to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the
facility.
(c)
The total capacity of such facilities located within the Village
shall not exceed 25 persons or 1% of the Village's population, whichever
is greater.
(7)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(8)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats.
Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b),
Wis. Stats., or community living arrangement shall be located within
1/4 mile of an adult family home, as defined in § 50.01(1)(b),
Wis. Stats.
C.
Conditional uses. The following are permitted as conditional uses
within the R-M District:
(1)
Home occupations and professional home offices.
(2)
Storage buildings in excess of 225 square feet.
(3)
Utilities.
(4)
Elementary and secondary schools, churches.
(5)
Funeral homes.
(6)
Community living arrangements which have a capacity for 16 or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(7)
Nursing homes, residential care apartment complexes, as defined in
§ 50.01(1)(d), Wis. Stats., and similar institutions.
[Added 1-8-2003 by Ord. No. 2003-01]
A.
Purpose. The R-MH District is intended to provide areas for planned
manufactured home parks in a living area that is pleasant but not
so spacious as the R-S Districts, in order to accommodate affordable
single-family residences.
B.
Permitted uses. The following uses of land are permitted in the R-MH
District:
(1)
Single-family residences.
(2)
Accessory uses and buildings as follows:
(a)
Private garage space for up to two cars for each residential
parcel;
(b)
Gardening, tool and storage sheds incidental to the residential
use, not to exceed 225 square feet;
(c)
Off-street parking facilities;
(d)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures;
(e)
Signs as permitted by Village ordinances.
C.
Conditional uses. The following are permitted as conditional uses
within the R-MH District:
D.
E.
Minimum area of manufactured home development. Each manufactured
home park development shall have a minimum area of two acres.
F.
Manufactured home placement requirements. The placement of manufactured
homes shall comply with the following requirements:
(1)
Mobile home units 20 years of age or older are not permitted, except
as an existing nonconforming use.
[Amended 11-5-2003 by Ord. No. 03-03]
(2)
Manufactured home units shall comply with all manufactured home construction
and safety standards established under 42 U.S.C. § 5401
et seq.
(3)
The homes shall be covered by a roof pitched to a minimum slope of
two inches in 12 inches.
(4)
All manufactured homes shall be placed and leveled on stands consisting
of a sixteen-inch by sixteen-inch by four-inch deep square solid base,
minimum, with a double tier of alternately crossed eight-inch block
ascending; no I-beam or any portion of the manufactured home frame
shall rest directly on the concrete block. Wood shimming shall be
used. No second or medium grade of concrete block may be used and
all block must be installed with the hollow core in a vertical position.
These stands shall be placed with a minimum spacing of eight feet.
(5)
Tie downs and anchors are required on all manufactured homes and
storage buildings. Straps and anchoring equipment shall conform to
the standards of ANSI A225.1 or NFPA 501. The number and location
of tie downs and anchors shall be determined by the Zoning Administrator.
(6)
All manufactured home units shall have skirts around the entire manufactured
home made of plastic, fiberglass, or other comparable noncombustible
material approved by the Zoning Administrator and shall be of a permanent
color or painted to match the appropriate manufactured home so as
to enhance the general appearance thereof.
G.
Site plan. At the time of application for a rezoning to the R-MH
Manufactured Home District and application for a manufactured home
park license, the applicant shall submit a site plan to the Zoning
Administrator containing the following:
(1)
The name and address of all owners and developers of the proposed
manufactured home park.
(2)
The legal description and lot size, in acres, of the proposed manufactured
home park.
(3)
The location and size of all manufactured home spaces, storage areas,
recreation areas and facilities, landscaping, existing tree growth,
water areas, roadways, sidewalks, and parking sites.
(4)
Detailed landscaping plans and specifications.
(5)
Plans for sanitary sewage disposal, surface drainage, water system,
electrical service, gas service, streetlighting, and topography diagrams.
(6)
Location and size of all public roadways abutting the manufactured
home park and all street and sidewalk accesses from such street and
sidewalk to the manufactured home park.
(7)
Preliminary road construction plans, specifications, and elevations.
(8)
Preliminary floor plans and elevation for all common use buildings.
(9)
Description and method of disposing of garbage and refuse.
(10)
Detailed description of proposed maintenance procedure and grounds
supervision.
(11)
Staging and timing of construction program whether or not the
entire area will be developed at one time or in stages.
(12)
Such other reasonable information as shall be required by the
Zoning Administrator.
H.
Parking requirements. The following are minimum parking requirements
for manufactured home developments:
(1)
Each manufactured home space shall have off-street parking space
for two automobiles.
(2)
Access drives off roads to all parking spaces and manufactured home
spaces shall be hard surfaced in bituminous concrete or portland cement
concrete designed to accommodate normal traffic.
(3)
Automobiles shall not be parked nearer than five feet from any side
lot line unless combined with a contiguous parking area.
I.
Utilities. The following minimum requirements for utilities shall
be maintained:
(1)
There shall be no obstructions impeding the inspection of plumbing,
electrical facilities, utilities or other related equipment.
(2)
Garbage, waste and trash disposal plans must be approved by the Zoning
Administrator and must conform to all state and local health and pollution
control regulations.
(3)
The owner of a manufactured home park shall pay all required sewer
and utility connection fees to the Clerk-Treasurer.
(4)
Every manufactured home space shall be furnished with an electric
service outlet. Such outlet shall be equipped with an externally operating
switch or fuse on not less than 30 amperes capacity, and a heavy duty
outlet receptacle. Electric outlets shall be weatherproofed and all
power lines and telephone lines shall be underground.
(5)
Every manufactured park must have Village sewer and water service
provided to each manufactured home unit in the park. No dependent
manufactured homes shall be permitted in any manufactured home park
to be located within the Village. A dependent manufactured home is
defined as one not equipped with internal bathroom or shower and toilet
facilities.
(6)
Individual water service connections provided for direct use of a
manufactured home unit shall be so constructed that they will not
be damaged by the parking of such units. Such system shall be adequate
to provide 20 pounds per square inch and capable of furnishing a minimum
of 125 gallons per day per space. No wells or points will be permitted
in a manufactured home park in the Village limits.
(7)
Every lot space designed to serve manufactured home units shall be
provided with sewer connections which shall comply with the State
Plumbing Code and the Village Sanitary Code. The sewer connections
shall be provided with suitable fittings so that watertight connections
can be made. Such connections shall be so constructed so that they
can be closed when not connected and trapped in such a manner as to
be maintained in an odor-free condition.
J.
Internal streets, sidewalks, and lighting. All internal streets,
sidewalks, and lighting shall meet the following requirements:
(1)
Streets shall be hard surfaced with bituminous concrete or portland
cement concrete to accommodate the structural requirements in the
Village streets as approved by the Village Board.
(2)
All streets shall be developed with a roadbed of not less than 30
feet and a street surface of not less than 18 feet. Ancillary parking
on one side may be allowed except at parking area entrances if the
street is at least 28 feet wide.
(3)
A thirty-inch portland cement concrete sidewalk shall be built and
maintained by the owner providing access to all recreational areas,
common use buildings and storage areas, and to the public street access.
(4)
Artificial lights shall be maintained during all hours of darkness
in all buildings provided for common facilities for occupants' use.
The manufactured home park grounds, street and pedestrian areas shall
be lighted from sunset to sunrise in accordance with a lighting plan
approved by the Village Board.
K.
Service buildings. Floors of service buildings shall be concrete,
tile or similar material impervious to water and easily cleaned and
pitched to a floor drain. All liquid waste from service buildings
shall be discharged into a sewer intended for and connected with the
public sewer system.
L.
Landscaping. The following minimum landscaping requirements shall
be maintained in all manufactured home parks:
(1)
All yards shall be sodded or planted in grass. There shall be a minimum
of 20 trees per gross acre in all areas of a manufactured home park.
Tree, grass, and landscape materials shall be properly maintained
and replaced to conform to the approved landscape plans and specifications.
(2)
A visual screen consisting of a compact hedge, wood fence, coniferous
trees or other approved landscape materials or a screen fencing approved
by the Zoning Administrator shall be installed and maintained around
the periphery of the manufactured home park to substantially inhibit
the eye level vision from the exterior when adjacent to any R-SL or
R-SM District and shall be maintained free of rubbish, debris, weeds,
and paper.
(3)
All areas shall be landscaped and the landscape plan shall be approved
by the Zoning Administrator.
M.
Register of occupants. The owner of a manufactured home park shall
keep a registration list available to the Village or its agents for
inspection at reasonable times.
A.
Purpose. The B-G District is intended to provide an area for the
business and commercial needs of the community, especially those which
can be most suitably located in a compact and centrally located business
district.
B.
Permitted uses. The following uses of land are permitted in the B-G
District:
(1)
General business and commercial uses which do not generate noise,
smoke, odors, or that would otherwise create a public or private nuisance.
These uses generally include the following:
(a)
Banks, commercial or professional offices, telephone offices.
(b)
Hotels and motels.
(c)
Theaters, bowling alleys and places of amusement.
(d)
Restaurants and bakeries.
(e)
Taverns, bars and cocktail lounges with Village permit.
(f)
Personal service, automobile service, and equipment service.
(g)
Medical and dental clinics.
(h)
Governmental and cultural uses.
(i)
Veterinarians clinics and small animal hospitals.
(j)
Funeral homes.
(k)
Dwelling units above the ground floor.
(l)
General retail sales.
(m)
Uses customarily incidental to any of the above uses, including
parking lots.
C.
Lot, yard and building requirements. The maximum building height;
side, front, and rear yards; minimum lot width; and parking requirements
for new or converted buildings can correspond with typical existing
development layout of the district, provided the Plan Commission determines
such development is in keeping with the purposes, design, and character
of the General Business District and is architecturally compatible
with the area.
A.
Purpose. The B-N District is intended to provide an area for selected
convenience stores and professional offices that are often located
near residential neighborhoods and that would not be detrimental to
the residential environment.
B.
Permitted uses. The following uses of land are permitted in the B-N
District:
A.
Purpose. The B-H District is intended to provide an area for those
business and commercial activities which especially have to do with
motor vehicles or highway transportation, or which provide goods or
services primarily to travelers on a highway, or which have certain
location requirements and operational characteristics that are incompatible
with the policy intent of the other commercial districts.
B.
Permitted uses. The following uses of land are permitted in the B-H
District:
(1)
Establishments engaged in the retail sale or leasing of automobiles,
trailers, mobile homes or campers.
(2)
Stores for the sale and installation of automobile parts and accessories.
(3)
Gasoline service stations, including repair work.
(4)
Restaurants, lunch rooms, and other eating places, including drive-in
type establishments.
(5)
Car washes and detail shops.
(6)
Hotels, motels, tourist rooms, etc.
(7)
Tourist-oriented retail shops, including souvenir and curio shops.
(8)
General grocery stores, convenience stores.
C.
Conditional uses. The following are permitted as conditional uses
within the B-H District:
(1)
Veterinary offices, including kennels.
(2)
Motor carrier facilities, trucking firms.
(3)
Warehouses and wholesale merchandise establishments.
(4)
Recreational establishments, including drive-in theaters, golf or
baseball driving ranges, archery fields, miniature golf courses, or
similar uses.
(5)
Seasonal roadside stands for the sale of farm products, but no other
types of products or merchandise.
(6)
Other commercial uses not identified above that are consistent with
the purpose and intent of this district.
A.
Purpose. The B-P District is established to provide an aesthetically
attractive working environment conducive to the development of offices,
wholesale trade, service businesses, and other businesses that have
large land area requirements. The essential purpose of this district
is to achieve development which is an asset to the Village, and to
promote and maintain desirable economic development. It is intended
that the uses permitted in this district will not detract from the
potential of expanding the downtown business district.
B.
Permitted uses. The following uses of land are permitted in the B-P
District:
(1)
Lawn and garden services.
(2)
Agricultural services.
(3)
Offices of general building contractors, special trade contractors,
and enclosed storage.
(4)
Motor freight transportation and warehousing.
(5)
Wholesale trade and distribution operations.
(6)
Limited retail trade: building materials, lawn and garden supply,
manufactured home dealers, boat dealers, recreation and utility trailer
dealers, motor vehicle dealers.
(7)
Automotive repair, services, and garages.
(8)
Miscellaneous repair services.
(9)
Miscellaneous business services, offices, and communication services.
(10)
Research, development, and testing laboratories, and manufacturing
and fabrication in conjunction with such research and development
operations.
A.
Purpose. The I District is intended to provide an area for industrial
and manufacturing activities plus other uses that would be incompatible
with other land use categories.
B.
Permitted uses. Any industrial use may be permitted, except those
that would present a danger to residents of the community or would
generate noise, smoke, traffic, or air or water pollution that would
create a public or private nuisance and would not conform to the performance
standards of the Village Code. Residential and public uses are prohibited.
C.
Conditional uses. The outdoor storage of raw materials or finished
products.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 21,780 square feet (1/2 acre).
(3)
Front yard: minimum 20 feet.*
(4)
Side yards: minimum 10 feet.*
(5)
Rear yard: minimum 20 feet.*
(6)
Building height: maximum 45 feet.
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NOTE:
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*
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Required buffer strips in Industrial Districts. Where an Industrial
District abuts a residential district, there shall be provided along
any rear, side, or front lot line, coincidental with any industrial-residential
boundary, a buffer strip of not less than 40 feet in width as measured
at right angles to said lot line. Plant materials at least six feet
in height of such variety and growth habits as to provide a year-round
effective visual screen when viewed from the residential district
shall be planted in the exterior 25 feet abutting the residential
district. Fencing may be used in lieu of planting materials to provide
said screening. The fencing shall be not less than five feet nor more
than eight feet in height, and shall be of such materials as to effectively
screen the industrial area. The exterior 25 feet of the buffer strip
shall not be devoted to the parking of vehicles. The interior 15 feet
may be used for vehicle parking. No exterior storage of any material
or accessory uses is allowed within the buffer strip.
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A.
Purpose. The RD District is intended to provide for the continuation
of general farming and related uses in those areas of the Village
that are not yet committed to urban development. It is further intended
for this district to protect lands contained therein from urban development
until their orderly transition into urban-oriented districts is required.
B.
Permitted uses. The following uses of land are permitted in the RD
District:
(1)
General farming, including agriculture, dairying, floriculture, forestry,
grazing, orchards, truck farming, and viticulture (grape growing).
(2)
Keeping and raising of domestic animals for agribusiness, show, breeding,
or other purposes incidental to the principal use of the premises,
and for the use of the occupants of the premises.
(3)
One single-family dwelling per parcel.
(4)
General farm buildings, including barns, silos, sheds, storage bins,
etc.; provided, however, that farm buildings housing animals, barnyards,
and feed lots shall not be located in a floodplain, and shall be at
least 100 feet from any navigable water or district boundary, and
at least 300 feet from a dwelling unit other than the dwelling unit
on the property in question.
(5)
Roadside stands for the sale of farm products produced on the premises.
Any such stand shall conform to the setback, sign, and other provisions
of this chapter.
C.
Permitted accessory uses:
(1)
Attached or detached private garages and carports.
(2)
Private swimming pools and tennis courts.
(3)
Signs as permitted by Village ordinances.
(4)
Boarding, rooming, lodging, and bed-and-breakfast houses.
[Amended 1-8-2003 by Ord. No. 2003-01]
(5)
A foster home or treatment foster home, as defined in § 48.02(6),
Wis. Stats., that is the primary domicile of a foster parent or treatment
foster parent and that is licensed under § 48.62, Wis. Stats.
[Amended 1-8-2003 by Ord. No. 2003-01]
(6)
Foster homes and treatment foster homes, as defined in § 48.02(6),
Wis. Stats., operated by corporations, child welfare agencies, churches,
associations or public agencies. Such facilities shall be subject
to the following requirements:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other such facility shall be located within 1/4 mile of the
facility.
(c)
The total capacity of such facilities located within the Village
shall not exceed 25 persons or 1% of the Village's population, whichever
is greater.
(7)
Community living arrangements which have a capacity for 15 or fewer
persons. Such community living arrangements shall be subject to the
following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(8)
Adult family homes, as defined in § 50.01(1)(a), Wis. Stats.
[Added 1-8-2003 by Ord. No. 2003-01]
(9)
Adult family homes, as defined in § 50.01(1)(b), Wis. Stats.
Such adult family homes shall be subject to the following criteria:
[Added 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
No other adult family home, as defined in § 50.01(1)(b),
Wis. Stats., or community living arrangement shall be located within
1/4 mile of an adult family home, as defined in § 50.01(1)(b),
Wis. Stats.
D.
Conditional uses. The following are permitted as conditional uses
within the RD District:
(1)
Home occupations and professional home offices.
(2)
Community living arrangements which have a capacity for nine or more persons. Such community living arrangements shall, in addition to meeting the standards in § 390-33, be subject to the following criteria:
[Amended 1-8-2003 by Ord. No. 2003-01]
(a)
The owner or operator of the facility shall hold all licenses
and permits required to operate the facility.
(b)
The owner or operator shall file a written statement with the
Zoning Administrator specifying the capacity of the facility, and
shall notify the Zoning Administrator of any changes in capacity in
writing.
(c)
No other community living arrangement shall be located within
1/4 mile of the facility.
(d)
The total capacity of all facilities providing community living
arrangements located within the Village shall not exceed 25 persons
or 1% of the Village's population, whichever is greater.
(3)
Utilities.
(4)
Elementary and secondary schools, churches.
(5)
Airports, airstrips, and landing fields, provided that the site is
not less than 20 acres.
(6)
Commercial feed lots, livestock facilities, sale barns.
(7)
Additional housing for farm laborers and seasonal or migratory workers.
(8)
Transmitting towers, receiving towers, relay and microwave towers
without broadcast facilities or studios.
(9)
Veterinary clinics, provided that no structure or animal enclosure
shall be located within 300 feet of a dwelling unit other than a dwelling
unit on the property in question.
(10)
Golf courses, country clubs, tennis clubs, or public swimming
pools.
(11)
Nursing homes, residential care apartment complexes, as defined
in § 50.01(1)(d), Wis. Stats., and similar institutions.
[Added 1-8-2003 by Ord. No. 2003-01]
A.
Purpose. The PG District is limited to those areas owned and/or used
exclusively by the Village, school district, or other governmental
agencies and/or used exclusively for recreation and public purposes.
B.
Permitted uses. The following uses of land are permitted in the PG
District:
(1)
Government offices, garages and storage facilities.
(2)
Greenways, open spaces.
(3)
Libraries.
(4)
Schools.
(5)
Playgrounds and parks.
(6)
Churches.
(7)
Swimming pools, shelters, and other recreational buildings.
(8)
Utilities, water towers, and pumping stations.
(9)
Temporary festivals, concerts, and other social/entertainment events,
including associated retail sales with Village Board approval.
(10)
Parking lots.
(11)
Cemeteries.
A.
Purpose. The Conservancy District is intended to preserve the natural
state of scenic areas in the Village and to prevent the uncontrolled,
uneconomical spread of residential or other development, and to help
discourage intensive development of marginal lands so as to prevent
hazards to public and private property.
B.
Permitted uses. The following uses of land are permitted in the Conservancy
District:
(1)
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss,
berries, tree fruits, and tree seeds.
(2)
Forestry and the management of trees.
(3)
Wild preserves.
(4)
The management of wildlife, including waterfowl, fish, and other
similar lowland animals.
(5)
Fishing.
(6)
Public and private parks, picnic areas, and similar uses.
(7)
Hiking trails and bridle paths.
(8)
Preservation of areas of scenic, historic, or scientific value.
(9)
Uses similar and customarily incident to any of the above uses.
C.
Conditional uses. The following are permitted as conditional uses
within the C District:
(1)
Dams, flowages, ponds, and water storage and water pumping facilities.
(2)
Power plants deriving their power from the flow of water and transmission
lines and other facilities accessory thereto.
(3)
Utilities.
(4)
Piers, docks, and boathouses.
(5)
Relocation of any watercourse.
(6)
Removal of topsoil or peat.
(7)
Cranberry bogs.
(8)
Agriculture, grazing.
(9)
Campgrounds.
(10)
Golf courses.
(12)
Nonresidential buildings used solely in conjunction with a permitted
or approved conditional use.
D.
Lot, yard and building requirements. There are no lot size or dimensional
standards applicable in the Conservancy District. Buildings or other
structures must conform to the setback requirements of the abutting
districts and the floodplain requirements, if applicable.
A.
Purpose. The Planned Unit Development District is established to
promote improved environmental design and innovative uses of land
in the Village of Benton. To this intent this district allows variation
in the relationship of uses, structures, and open spaces in developments
conceived and implemented as cohesive unified projects. It is further
intended to encourage more rational and economic development with
relationship to public services, energy efficiency, and community
appearance consistent with the overall intent of this chapter and
the Comprehensive Plan of the Village of Benton.
B.
Permitted uses. Any permitted or conditional use in any of the other
districts in this chapter may be permitted subject to the criteria
listed below, but such conditions or requirements as are made a part
of an approved development plan shall be construed to be and enforced
as a part of this chapter.
C.
Lot, building, yard, and parking requirements. In the Planned Unit
Development District, there shall be no specific lot area, lot width,
yard, height, parking and open space requirements, but such requirements
as are made a part of an approved development plan shall be construed
to be and enforced as a part of this chapter.
D.
Criteria for approval. As a basis for determining the acceptability
of application for zoning to the Planned Unit Development District,
the following criteria shall be applied to the proposed development
plan:
(1)
The proposed development shall be compatible with the physical nature
of the site with particular concern for preserving natural features,
existing vegetation, and topography.
(2)
The proposed development shall be an asset to the community aesthetically.
The buildings and uses shall blend in with the surrounding neighborhood.
(3)
The proposed development shall not create a traffic or parking demand
incompatible with existing or proposed facilities. The width and location
of streets, other paving, and lighting should be appropriate to the
uses proposed. In no case shall standards be less than those necessary
to ensure public safety as determined by the Village.
(4)
The proposed development shall not place avoidable stress on the
Village's water supply, sanitary sewer, and stormwater drainage systems.
(5)
The proposed development shall make adequate provisions for the permanent
preservation and maintenance of open space.
E.
Procedure.
(1)
The procedure for rezoning to the Planned Unit Development District
shall be the same as for any other zoning district change, except
that in addition a general development plan shall be submitted to
the Village Plan Commission. The general development plan of the proposed
project shall be presented at a scale of one inch equals 100 feet
and shall show at least the following information:
(a)
The pattern of public and private roads, driveways, and parking
facilities.
(b)
A description of land uses and building types, size, and arrangements.
(c)
A utility feasibility analysis.
(d)
The location of recreational and open space areas reserved or
dedicated to the public.
(e)
General landscape treatment.
(f)
The plan for phasing the development.
(g)
Any other date required by the Village Plan Commission or Village
Board.
(2)
Upon final approval and adoption of the zoning change to the Planned
Unit Development District, all plans submitted as well as other commitments,
restrictions, and other factors pertinent to assuring that the project
will be carried out as presented, shall be filed with the Zoning Administrator
and shall be referred to in regard to enforcement or modification
of the development plans.
(3)
Detailed plans are not required to be completed at the time the zoning
is approved, however, the review process may be made faster by doing
so. Before any building permit is issued, the Plan Commission shall
review and approve a specific implementation plan.
(4)
The applicant shall file the following with the Plan Commission:
(a)
A final plat of the entire development area showing detailed
lot layout, intended uses of each parcel, public dedication, public
and private streets, driveways, walkways, and parking facilities.
(b)
The location and treatment of open space areas.
(c)
The arrangement of building groups other than single-family
residences and all final landscape plans.
(d)
Architectural drawings and sketches illustrating the design
of proposed structures.
(e)
A utility plan locating all utility installations.
(f)
A stormwater drainage and erosion control plan.
(g)
Agreements, bylaws, provisions, or covenants which govern the
organizational structure, use, maintenance, and continued protection
of the planned unit development.
(5)
At a regular meeting, the Plan Commission shall approve or require
changes consistent with the approved general development plan. Upon
final approval of the specific implementation plans, they shall be
filed with the Zoning Administrator and shall be referred to in regard
to enforcement or modification of the development plans. All covenants,
restriction, or contractual agreements with the Village shall be recorded
with the Register of Deeds before final issuance of building permits.
F.
Modifications. Any subsequent change of use of any parcel of land
or addition or modification of any approved development plans shall
be submitted to the Plan Commission for approval. Minor changes can
be granted administratively by the Plan Commission. Major changes
shall require a public hearing preceded by a Class 1 notice.
