A.
Establishment of districts. For the purpose of this chapter, the
City of Brodhead is hereby divided into the following zoning districts;
in addition, one overlay district is also established, as well as
a Planned Unit Development District:
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R-1 Single-Family Residential District
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R-2 One- and Two-Family Residential District
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R-3 Multiple-Family Residential District
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R-4 One- and Two-Family Larger Lot Residential District
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R-5 Mobile Home Residential District
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C-1 General Commercial District
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C-2 Highway Commercial District
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I-1 Light Industrial District
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I-2 General Industrial District
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A-1 Agricultural District
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W-1 Conservancy District
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PUD Planned Unit Development District
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DD Downtown Design Overlay District
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B.
District boundaries. Boundaries of these districts are hereby established
as shown on maps entitled "Zoning Map, City of Brodhead," which are
part of this chapter by reference. Such 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.
Street 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. Annexations to the City subsequent to the effective
date of this chapter shall be placed in the R-1 Single-Family Residential
District, unless the annexation ordinance places the land in another
district. Within 90 days, the Plan Commission shall evaluate and recommend
a permanent district classification to the Common Council.
A certified copy of the Zoning District Map shall be adopted
and approved with the text as part of this chapter and shall bear
upon its face the attestation of the City Clerk-Treasurer and shall
be available to the public in the office of the City Clerk-Treasurer.
Changes thereafter to the districts shall not be effective until entered
and attested on this certified copy.
A.
Purpose. The R-1 Single-Family Residential District is intended to
provide a quiet, pleasant and relatively spacious living area protected
from traffic hazards and intrusion of incompatible land uses.
B.
Permitted uses:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of "single-family dwelling."[1]
[1]
Editor's Note: Original § 13-1-42(b)(2) of
the 1997 Code, which contained requirements and limitations for manufactured
homes and immediately followed this subsection, was repealed 3-12-2007.
(4)
Public parks and playgrounds.
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(6)
Foster family care.
(7)
Home occupations and professional home offices meeting the requirements
of this chapter.
(8)
Uses customarily incidental to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Conditional uses:
(1)
Churches, elementary and junior and senior high schools, and libraries.
(2)
Municipal buildings, except sewage treatment plants, garbage incinerators,
warehouses, public garages, public shops or storage yards, penal or
correctional institutions and asylums.
(3)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
D.
Requirements:
(1)
Maximum building height: 35 feet.
(2)
Side yard setback: eight feet on one side; 20 feet total.
[Amended 9-12-2016]
(3)
Front yard setback: 25 feet.
(4)
Rear yard setback: 25 feet.
(5)
Corner lot setback: 25 feet from each street.
(6)
Lot area per family: 8,500 square feet.
(7)
Minimum lot width: 85 feet.
(8)
Minimum floor area per single-family home: 1,200 square feet.
A.
Purpose. The R-2 One- and Two-Family Residential District is intended
to provide a pleasant, suitable location for single-family and duplex
residences.
B.
Permitted uses:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of "single-family dwelling."[1]
[1]
Editor's Note: Original § 13-1-43(b)(2) of
the 1997 Code, which contained requirements and limitations for manufactured
homes and immediately followed this subsection, was repealed 3-12-2007.
(2)
Two-family dwellings.
(5)
Public parks and playgrounds.
(6)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Foster family care.
(8)
Home occupations and professional home offices meeting the requirements
of this chapter.
(9)
Uses customarily incidental to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Conditional uses:
(1)
Churches, elementary and junior and senior high schools and libraries.
(2)
Municipal buildings, except sewage treatment plants, garbage incinerators,
warehouses, public garages, public shops or storage yards, penal or
correctional institutions and asylums.
(3)
Boardinghouses for up to four paying guests or boarders.
(4)
Bed-and-breakfast establishments, provided that:
(a)
No more than eight rooms are rented;
(b)
No exterior advertising exceeds two square feet in area;
(c)
The subject property must meet the general off-street parking
requirements, and, in addition, there must be provided one off-street
parking space for each bed-and-breakfast room;
(d)
The subject property fully complies at all times with the definition
of a "bed-and-breakfast establishment" as set forth herein.
(6)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
D.
Requirements:
(1)
Maximum building height: 35 feet.
(2)
Side yard setback: eight feet on one side; 20 feet total.
[Amended 9-12-2016]
(3)
Front yard setback: 25 feet.
(4)
Rear yard setback: 25 feet.
(5)
Corner lot setback: 25 feet from each street.
(6)
Minimum lot area for single-family home: 7,500 square feet.
(7)
Minimum lot area for duplex: 12,000 square feet.
(8)
Minimum lot width: 80 feet.
(9)
Minimum floor area for single-family home: 1,200 square feet.
(10)
Minimum floor area for duplex: 800 square feet per family.
A.
Purpose. The R-3 Multiple-Family Residential District is intended
to provide a living area that is pleasant, but not as spacious as
the R-1 or R-2 District.
C.
Conditional uses:
(1)
Churches, elementary and junior and senior high schools, and libraries.
(2)
Municipal buildings, except sewage treatment plants, garbage incinerators,
warehouses, public garages, public shops or storage yards, penal or
correctional institutions and asylums.
(3)
Boardinghouses for up to four paying guests or boarders.
(4)
Bed-and-breakfast establishments, provided that:
(a)
No more than eight rooms are rented;
(b)
No exterior advertising exceeds two square feet in area;
(c)
The subject property must meet the general off-street parking
requirements, and, in addition, there must be provided one off-street
parking space for each bed-and-breakfast room;
(d)
The subject property fully complies at all times with the definition
of a "bed-and-breakfast establishment."
(5)
Charitable institutions, private nonprofit clubs and lodges, rest
homes and other extended care facilities.
(6)
Recreational and community center buildings and grounds.
D.
Requirements:
(1)
Maximum building height: 45 feet.
(2)
Side yard setback: 10 feet on each side.
[Amended 9-12-2016]
(3)
Front yard setback: 30 feet.
(4)
Rear yard setback: 25 feet.
(5)
Corner lot setback: 30 feet from each street.
(6)
Lot area per family: 8,500 square feet for one-family; 6,000 square
feet per unit for two-family; 3,500 square feet per unit for multifamily.
(7)
Minimum lot width: 80 feet.
(8)
Minimum floor area per family: 1,000 square feet for three-bedroom
apartments; 800 square feet for two-bedroom apartments; 600 square
feet for one-bedroom apartments.
A.
Purpose. The R-4 One- and Two-Family Larger Lot Residential District
is intended to provide for pleasant living areas in newly developing
areas of the community which will have larger lot sizes than the R-2
District and will accommodate both one- and two-family residences.
C.
D.
Requirements:
(1)
Maximum building height: 35 feet.
(2)
Side yard setback: minimum of eight feet on one side; 20 feet total.
[Amended 9-12-2016]
(3)
Front yard setback: 25 feet.
(4)
Rear yard setback: 25 feet.
(5)
Corner lot setback: 25 feet from each street.
(6)
Minimum lot area for single-family home: 8,500 square feet.
(7)
Minimum lot area for duplex: 12,000 square feet.
(8)
Minimum lot width: 85 feet.
(9)
Minimum floor area for single-family home: 1,200 square feet.
(10)
Minimum floor area for duplex: 800 square feet per family.
A.
Purpose. The R-5 Mobile Home Residential District is intended to
provide areas for planned mobile home parks within the City of Brodhead.
B.
Permitted uses: none.
C.
A.
Purpose. The C-1 General Commercial District is intended to provide
an area for the business and commercial needs of the City.
B.
Permitted uses:
(1)
Any permitted use or conditional use allowed in the residential districts,
except one- and two-family residences and multifamily structures.
(2)
Post offices.
(3)
Parking lots.
(4)
General business and commercial uses which do not generate noise,
smoke or odors that would 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, taverns and bars.
(e)
Personal service, automobile service and equipment service.
(f)
Bus depots.
(g)
Dwelling units above the ground floor.
(h)
Medical and dental clinics.
(i)
Governmental and cultural uses.
(j)
Veterinarians clinics and small animal hospitals.
(k)
Funeral homes.
(l)
Uses customarily incidental to any of the above uses.
C.
Conditional uses. The following uses are permitted in this district
with a conditional use permit:
(1)
Not more than one residential apartment or dwelling unit on the ground
floor of a minimum floor area of 600 square feet and a maximum floor
area of 1,000 square feet. However, 80% of the total ground floor
area must be devoted to permitted business and commercial uses. (Example:
2,400 square feet of commercial ground floor area is the minimum necessary
for a six-hundred-square-foot residential apartment or dwelling unit.)
E.
In the
blocks in the business district which are already developed, setbacks,
minimum lot widths, commercial parking and truck unloading areas for
new or renovated buildings can correspond with the existing setbacks,
minimum lot widths, commercial parking and truck unloading areas,
provided the Plan Commission determines such action will be in keeping
with the purposes of this chapter.
A.
Purpose. The C-2 Highway Commercial District is intended to provide
for an orderly and attractive grouping at appropriate locations of
those commercial establishments that are oriented to highway use.
C.
Conditional uses. The following uses are permitted in this district
with a conditional use permit:
(1)
Drive-in establishments serving food or beverages for consumption.
(2)
Motels.
(3)
Tourist homes.
(4)
Service stations, washing and repair stations and garages, provided
all gas pumps are not less than 30 feet from any existing or proposed
street line.
(5)
Recreational establishments, including drive-in theaters, golf or
baseball driving ranges, archery fields, miniature golf courses or
similar uses.
(6)
Uses clearly similar in character to those listed above.
A.
Purpose. The I-1 Light Industrial District is intended to provide
space for industrial and manufacturing uses at appropriate locations
in the City. 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. Emphasis is placed on providing land
for warehousing and light assembly industries. Outdoor storage of
raw materials or finished products is not allowed. All other uses
(residential, commercial, public) are prohibited, except that a dwelling
may be provided for a caretaker or superintendent if the industrial
use requires constant supervision.
[Amended 5-12-2003]
A.
Purpose. The I-2 District is intended to provide for all industrial
operations except those that would be dangerous to residents of the
community or may constitute a public or private nuisance due to smoke,
odors, dust, noise, traffic congestion, or vibrations. Residential,
commercial or public uses, except as noted below, are prohibited.
In the context of this district, "industrial" is intended to mean
those activities that make or add value to goods through various manufacturing
processes.
(1)
Related functions. This district also provides for warehousing and
transportation activities, both as ancillary activities of manufacturing
and as independent facilities and services. Warehousing is also intended
to encompass inside or outside storage of raw materials or finished
goods, as well as of equipment used on or off the premises.
(2)
Industrial service functions. Retail and service functions providing
direct service to industry are also permitted, as well as those having
extensive outside storage which are not industrial or serving industry
but which are also permitted in this district on the basis of visual
and functional impact compatibility rather than similarity of use.
B.
Permitted uses:
(1)
Manufacturing, assembly, fabrication, and processing operations,
including related materials storage and warehousing.
(2)
Transportation terminals, including trucking and railroading, and
related transportation services.
(3)
General warehousing.
(4)
Retail and service uses requiring extensive outside storage or display,
such as lumberyards, hardware and building supply yards, contractor
equipment, agricultural equipment and materials storage yards, but
excluding motor vehicle salvage yards.
(5)
Public utility offices, yards, installations, substations, and transmission
and distribution facilities.
(6)
Research and development.
(7)
Printing and publication.
C.
Conditional uses:
(1)
Municipal buildings, including sewage treatment plants, garbage incinerators,
warehouses, public garages, public shops or storage yards.
(2)
Child-care facilities complementary to businesses and industries.
(3)
Health care services such as medical clinics, chiropractic clinics,
dental clinics, athletic clubs, physical recreation centers and physical
therapy centers.
(4)
Office complexes related to one or more of the above-listed permitted
uses.
(5)
Individual storage unit facilities.
[Added 7-14-2003]
(6)
Meat processing facilities.
[Added 7-14-2003]
(7)
Retail sales which are related and incidental to another permitted
use or allowed conditional use, but not as a stand-alone facility.
[Added 7-14-2003]
A.
Purpose. The Conservancy District is intended to preserve the natural
state of scenic areas, to preserve natural areas and buffer strips,
and to discourage intensive development of marginal lands so as to
prevent potential hazards to public and private property.
B.
Permitted uses. The following uses are permitted:
(1)
Management of forestry, wildlife and fish.
(2)
Harvesting of wild crops such as marsh hay, ferns, moss, berries,
fruit trees and tree seeds.
(3)
Hunting, fishing and trapping.
(4)
Dams, power stations and transmission lines.
(5)
Upon written permission from the Common Council (based on the purposes
of this chapter and on the recommendation of the Plan Commission following
a public hearing), sewage disposal plants, water pumping or storage
facilities, golf courses and public camping grounds.
(6)
Bicycle or hiking trails.
(7)
Parks.
(8)
Uses customarily incidental to any of the above uses.
C.
There
are no setback, lot size or other dimensional requirements applicable
to the W-1 District.
A.
Purpose. The PUD Planned Unit Development District is intended to
provide for large-scale residential development. This district shall
have no definite and measurable boundaries until such are approved
by the Common Council on the recommendation of the Plan Commission,
in accordance with procedures prescribed for zoning amendments by
§ 62.23, Wis. Stats. Plans for the proposed development
shall be submitted in duplicate and shall show the location, size
and proposed use of all structures and land included in the area involved.
The plans may provide for a combination of single-family and multifamily
development, as well as closely related commercial uses, provided
the plans indicate that:
(1)
A single area of at least four acres or two adjacent combined City
blocks, whichever is smaller, is involved.
[Amended 11-8-2004]
(2)
Paved streets and sidewalks adequate to serve the needs of the area
involved will be provided.
(3)
Adequate access to public streets and proper internal circulation
will be provided.
(4)
Adequate sewer and water facilities will be provided.
(5)
The development will constitute a reasonable extension of the living
areas in the City and will be compatible with surrounding land uses.
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.
Requirements. In the Planned Unit Development District, there shall
be no specific 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 City.
(4)
The proposed development shall not place avoidable stress on the
City's water supply, sanitary sewer and stormwater drainage systems.
(5)
The proposed development shall make adequate provisions for the permanent
reservation and maintenance of open space.
E.
Procedures.
(1)
Step 1: Procedure for rezoning.
(a)
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 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:
[1]
The pattern of public and private roads, driveways and parking
facilities.
[2]
A description of land uses and building types, size and arrangements.
[3]
A utility feasibility analysis.
[4]
The location of recreational and open space areas reserved or
dedicated to the public.
[5]
General landscape treatment.
[6]
The plan for phasing the development.
[7]
Any other data required by the Plan Commission or Common Council.
(b)
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 Building Inspector and shall be referred to in regard to
enforcement or modification of the development plans.
(2)
Step 2: Specific implementation plan approval.
(a)
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. The applicant
shall file the following with the Plan Commission:
[1]
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.
[2]
The location and treatment of open space areas.
[3]
The arrangement of building groups other than single-family
residences and all final landscape plans.
[4]
Architectural drawings and sketches illustrating the design
of proposed structures.
[5]
A utility plan locating all utility installations.
[6]
A stormwater drainage and erosion control plan.
[7]
Agreements, bylaws, provisions, or covenants which govern the
organizational structure, use, maintenance, and continued protection
of the planned unit development.
(b)
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 Building Inspector and shall be referred to in regard
to enforcement or modification of the development plans. All covenants,
restrictions, or contractual agreements with the City 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.
A.
Purpose. The Downtown Design Overlay District is provided to regulate
the design and appearance of development activities within the downtown
area. The intent of the district is to preserve and enhance the historical
quality of existing downtown buildings; to improve pedestrian circulation,
convenience, and comfort; and to attain a consistent and visually
pleasing image for the downtown area. As an overlay district, the
requirements set forth herein are in addition to those required by
the underlying use district. The Plan Commission shall be responsible
for administration of this section. However, at the discretion of
the Plan Commission, the Mayor may appoint an advisory committee,
to be known as the "Downtown Design Advisory Committee," to assist
the Plan Commission with the administration of the design guidelines.
This Downtown Design Advisory Committee shall consist of five members
appointed by the Mayor utilizing a list of names supplied by the Brodhead
Downtown Revitalization Committee and the Brodhead Business Improvement
District Board of Directors. The Advisory Committee will meet jointly
with the Plan Commission to review proposed plans for new building
construction or remodeling projects in the downtown area.
B.
Review of building plans. Within the Downtown Design Overlay District,
all plans for new construction, remodeling, facade renovation, or
demolition shall be reviewed and approved by the Plan Commission (with
advice from the Downtown Design Advisory Committee) prior to beginning
of any development activities.
C.
Professional services. The Plan Commission (with advice from the
Downtown Design Advisory Committee) may consult professional services
when it is deemed necessary. The Plan Commission (with advice from
the Downtown Design Advisory Committee) may also require that plans
submitted for review be certified by an architect or appropriate professional.
D.
Plan review procedures.
(1)
Any application for zoning approval within the boundaries of the
Downtown Design Overlay District shall be transmitted to the Plan
Commission (with advice from the Downtown Design Advisory Committee)
for review and approval. In addition to the information required for
a zoning permit, a detailed description of the construction, alteration,
demolition, or use proposed, together with any architect drawings
or sketches if those services have been utilized by the applicant,
and, if not, a sufficient description of the construction, alteration,
demolition, and use to enable a determination of what the final appearance
will be, shall be required. On large-scale projects, it is suggested
that conceptual plans be submitted for preliminary review prior to
submitting detailed plans. Upon receiving an application for a zoning
permit requiring approval by the Plan Commission, the Building Inspector
shall contact the Commission Chairperson and schedule a meeting within
15 days. Publication of a public hearing notice shall not be required.
The Plan Commission (with advice from the Downtown Design Advisory
Committee) shall conduct the hearing and act on the application within
15 days following the hearing.
(2)
The Plan Commission, with the advice of the Downtown Design Advisory
Committee, may take any of the following actions: approve issuance
of the zoning permit; deny issuance of the zoning permit; condition
issuance of the zoning permit on making changes to the submitted plan.
All actions taken by the Plan Commission shall be recorded and shall
state the reasons for the action taken. A copy of any final approved
plan shall be attached to the zoning permit. It shall be the responsibility
of the Building Inspector to assure that actual development conforms
to plans approved by the Plan Commission.
E.
Plan review guidelines. The Plan Commission shall use the design
guidelines prepared for the downtown area by the University of Wisconsin
Department of Landscape Architecture as its criteria for reviewing
proposed development activities. In addition, the following guidelines
shall be utilized in conducting the review of any proposed plan:[1]
(1)
The mass, volume, or setback of proposed structures should appear
to be compatible with existing buildings in the immediate area.
(2)
The facade of new or remodeled structures should maintain a compatible
relationship with those of existing structures in terms of window
sill or header lines, proportion of window and door lines, horizontal
or vertical emphasis of major building elements, extent of architectural
detail.
(3)
The building materials and colors used should complement and be compatible
with other buildings in the immediate area.
(4)
Exterior remodeling should be designed to take into account the entire
building facade. The ground-floor exterior should be designed to harmonize
with the upper stories.
(5)
Existing buildings and structures should be recognized as products
of their own time. Alterations which have no historical basis should
be discouraged.
(6)
The sizing and placement of signs should fit the building.
(7)
All off-street parking and service areas should be landscaped and
screened as viewed from public rights-of-way.
(8)
Any landscape treatment should utilize a combination of deciduous
and evergreen trees and shrubs hardy to this region and requiring
minimum maintenance. All plant materials should be of sufficient size
to be visually effective at the time of installation.
(9)
Demolition should occur only where it is found that the structure
is structurally unsound or physically incapable of supporting a viable
use.
