For the purpose of this chapter, present and future, provision
is hereby made for the division of the Village of Trempealeau into
the following 11 basic zoning districts:
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B-2
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Commercial District
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R-1
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Residential District
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R-2
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Multiple-Family Residential District
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B-1
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Commercial District
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I-1
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Industrial District
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A-1
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Agriculture District
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C-1
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Conservancy District
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G-1
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Institutional District
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R-MH
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Mobile Home District
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MW
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Municipal Well Recharge Area Overlay District
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HB-2
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Historical District
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A.
Vacation of streets. 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.
B.
Annexations. Annexations to or consolidations with the Village subsequent
to the effective date of this chapter shall be placed in the R-1 Single-Family
District, unless the annexation ordinance places the land in another
district.
A.
The Village of Trempealeau is hereby divided into Zoning Districts
as shown upon a map designated as the Official Zoning Map of the Village
of Trempealeau and made a part of this chapter. The Official Zoning
Map and all the notations, references and other information shown
thereon are a part of this chapter and shall have the same force and
effect as if the matters and information set forth by said map were
fully described herein. The Official Zoning Map shall be properly
attested and kept on file along with the text of the Official Zoning
Regulations in the office of the Village Clerk-Treasurer of the Village
of Trempealeau.
B.
The District Boundaries shall be determined by measurement from and
as shown on the Official Zoning Map, and in case of any question as
to the interpretation of such boundary lines, the Zoning Board of
Appeals, after recommendation from the Plan Commission, shall interpret
the map according to the reasonable intent of this chapter. Unless
otherwise specifically indicated or dimensioned on the map, the district
boundaries are normally lot lines; section, quarter section or sixteenth
section lines; or the center lines of streets, highways, railways
or alleys.[1]
Where uncertainty exists as to the boundaries of districts as
shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following Village boundaries
shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall be construed to
follow such shorelines and, in the event of change in the shoreline,
shall be construed as moving with the actual shoreline; boundaries
indicated as approximately following the center lines of streams,
rivers, canals, lakes or other bodies of water shall be construed
to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated
in the preceding shall be so construed. Distances not specifically
indicated on the Zoning Map shall be determined by the scale of the
map.
A.
Purpose. The purpose of the B-2 District is to delineate areas appropriate
for commercial uses in the central commercial district or areas of
similar compact development served by public sewer.
B.
Permitted uses.
(1)
Antique stores.
(2)
Bakery.
(3)
Barber shops.
(4)
Bars.
(5)
Beauty shops.
(6)
Clinics.
(7)
Clothing stores.
(8)
Clubs.
(9)
Drugstores.
(10)
Eating and drinking establishments.
(11)
Fish markets.
(12)
Florists.
(13)
Food lockers.
(14)
Fruit and vegetable stores.
(15)
Furniture stores.
(16)
Gas stations.
(17)
Gift stores.
(18)
Grocery stores.
(19)
Hardware stores.
(20)
Hotels.
(21)
Hobby shops.
(22)
Laundry.
(23)
Lodges.
(24)
Meat markets.
(25)
Motel.
(26)
Music stores.
(27)
Office supplies.
(28)
Optical stores.
(29)
Package beverage store.
(30)
Place of entertainment.
(31)
Professional.
(32)
Governmental and business offices.
(33)
Retail stores.
(34)
Vehicular sales and services.
(35)
Personal services establishments.
(36)
Funeral homes.
(37)
Residential units above a retail store.
(38)
Day care.
[Added 7-6-2017 by Ord.
No. 8-2017]
C.
Accessory uses. Dwelling as a part of the principal building, parking
area and garage.
F.
Lot area and restrictions.
(1)
Minimum lot area: 8,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Front setback: none beyond public right-of-way.
(4)
Rear setback: 20 feet.
(5)
Side setback: None.
(6)
Building height: three stories or 40 feet.
(7)
Minimum lot depth: 100 feet.
(8)
Percent slope. No buildings shall be permitted on slopes 20% or greater,
except as a conditional use.
(9)
Accessory building. No more than 50% of rear yard may be covered
and three feet from rear lot line and three feet from side yard line.
A.
Purpose. The purpose of the R-1 District is:
(1)
To maintain compact residential development around existing residential
development.
(2)
To delineate those areas where predominantly residential development
has occurred in accordance with the general plan or overriding economic
consideration.
(3)
To guard against surface and subsurface water pollution.
(4)
To protect the integrity of residential areas by prohibiting the
incursion of incompatible residential and nonresidential uses.
(5)
To create and preserve the general aesthetics of an area by regulating
land use.
(6)
To locate this district in areas with a soil suitability of residential
development of slight or moderate restriction.
D.
E.
Prohibited uses. All uses not specifically permitted.
F.
Lot area and restrictions.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Front setback: 25 feet from Village's right-of-way line.
(4)
Rear setback: 30 feet.
(5)
Side setback: six feet each, measured from foundation.
(6)
Building height: two stories of 26 feet.
(7)
Minimum lot depth: 100 feet.
(8)
Minimum dwelling area: 24 feet in width and first floor with 960
square feet of living space.
(9)
Minimum pitched roof: 4:12 pitched roof.
(10)
Minimum eave overhang: 12 inches of eave overhang.
(11)
Minimum accessory building setbacks. No more than 50% of the
rear yard covered and three feet from rear lot line and three feet
from side yard line.
G.
Subdivision and building restrictions.
(1)
If a property owner, at the time of construction, owns two adjacent
R-1 lots (not separated by an alley, street, easement or any similar
property boundary) and each lot is no greater in width than 62.5 feet
and no greater in length than 155 feet, then that owner may, if they
so choose, build as if the two adjacent lots were designed as one
fully consolidated lot. The maximum width, therefore, may not exceed
125 feet and the maximum length, therefore, may not exceed 155 feet
when allowing the two lots to act as one consolidated lot. If a lot
is already being used as a consolidated lot, it may not be used or
consolidated with another adjacent lot.
[Amended by Ord. No. 10-02]
(3)
If a developer constructs a two-family dwelling as a permitted use in the R-1 Zone under the construction specifications set forth in § 520-22B with the intent of subdividing the structure into separate properties at a future date, the restrictions set forth in § 520-22A shall apply.
[Added 1-4-2016 by Ord.
No. 1-2016]
[Amended 10-7-2002]
A.
Purpose. The purpose of the R-2 District is:
(1)
To maintain compact residential development around existing residential
development.
(2)
To delineate those areas where predominantly residential development
has occurred in accordance with the general plan or overriding economic
consideration.
(3)
To guard against surface and subsurface water pollution.
(4)
To protect the integrity of residential areas by prohibiting the
incursion of incompatible residential and nonresidential uses.
(5)
To create and preserve the general aesthetics of an area by regulating
land use.
(6)
To locate this district in areas with a soil suitability of residential
development of slight or moderate restriction.
D.
E.
Prohibited uses. All uses not specifically permitted.
F.
Principal structure lot area and setbacks.
(1)
Minimum lot area: 9,200 square feet.
(2)
Minimum lot width: 80 feet. Cul-de-sac lots must have eighty-foot
lot widths at the building setback line.
(3)
Minimum lot depth: 115 feet, at eighty-foot widths.
(4)
Front setback: 25 feet from the furthest projection of the structure,
excluding no more than a twenty-four-inch eave overhang to the Village's
right-of-way line.
(5)
Rear setback: 40 feet from the furthest projection of the structure,
excluding no more than a twenty-four-inch eave overhang to the rear
lot line.
(6)
Side setback (nonstreet side): 10 feet from the furthest projection
of the structure, excluding no more than a twenty-four-inch eave overhang
to the side lot line.
(7)
Side setback (corner lot, street side): 25 feet from the furthest
projection of the structure, excluding no more than a twenty-four-inch
eave overhang to the Village's right-of-way line.
(8)
Building height: two stories of 26 feet.
(9)
Minimum dwelling area: 24 feet in width and first floor with 960
square feet of living space.
(10)
Minimum pitched roof: 4:12 pitched roof.
(11)
Minimum eave overhang: 12 inches of eave overhang.
(12)
Minimum accessory building setbacks.
G.
Subdivision and building restrictions.
(1)
The front or front yard of each lot shall be all that property fronting
the outermost projection of the principal structure's street-side
property the entire width of the lot. Corner lots with two street-side
yards shall refer to the front of each lot as the area along the street
with the minimum frontage required opposite the rear yard. Cul-de-sac
front yards shall parallel the curvature of the street right-of-way
line.
(2)
The rear of each lot shall be all the property backing the outermost
projection of the principal structure's rear-yard property (including
attached accessory structures) the entire width of the lot.
(3)
The side of each lot shall be all that property alongside the principal
structure not already described as part of the front or rear-yard
areas.
(4)
All lots shall have Village sewer and water.
(5)
Lots shall be serviced with fully improved streets containing square-back
curbs, concrete stormwater gutters and storm sewers unless otherwise
already developed without such amenities. Those such streets are grandfathered
until changed.
(6)
All streets shall be centered on the Village right-of-way. Previously
developed streets are grandfathered until changed.
(7)
All streets shall be 66 feet in width. The Village may require street
right-of-way widths up to 80 feet for streets planned as primary corridors
or collector streets.
(8)
The paved portion of the Village street shall be 32 feet in width,
not including gutters. Previously developed streets are grandfathered
until changed. Paved areas and/or street design for primary corridors
or collector streets shall be at the discretion of the Plan Commission.
(9)
All streets to have no less than a four-inch thickness of asphalt.
No building permit shall be issued unless the access street has been
paved with at least one lift of asphalt.
(10)
Street access shall only be permitted along the front of each
platted lot unless the rear lot abuts an existing improved alley.
Driveway approaches shall not be permitted onto primary corridor or
arterial traffic routes.
(11)
All streets shall be accompanied with four-foot-wide concrete
sidewalks on each side of the street. Sidewalks shall be four inches
in thickness in non-driveway crossing locations. At driveway crossing
locations, sidewalks shall be six inches in thickness and all drive
approaches between the sidewalk and the curb shall be six inches in
thickness of concrete.
(12)
Streets may be named by the subdivider pending approval from
the Plan Commission for each chosen name.
(13)
Streets shall be tree-lined with three-inch caliber, Village-accepted
trees, measured one foot off the ground, located every approximate
50 feet within the terrace area between the sidewalk and the curb.
A.
Purpose. The purpose of the R-3 District is:
(1)
To maintain compact two-family residential development around existing
residential development or in area presently served or readily serviceable
by public sewer.
(2)
To delineate those areas where predominantly residential development
has occurred or will be likely to occur in accordance with the general
plan or overriding economic consideration.
(3)
To guard against surface and subsurface water pollution.
(4)
To protect the integrity of residential areas by prohibiting the
incursion of incompatible residential and nonresidential uses.
(5)
To create and preserve the general aesthetics of an area by regulating
land use.
(6)
To locate this district in areas with a soil suitability of residential
development of slight or moderate restriction.
D.
Conditional uses.
E.
Prohibited uses. All uses not specifically permitted.
F.
Lot area and restrictions.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Front setback: 25 feet from Village's right-of-way line.
(4)
Rear setback: 40 feet.
(5)
Side setback: 10 feet each, measured from foundation.
(6)
Building height: two stories of 26 feet.
(7)
Minimum lot depth: 100 feet.
(8)
Minimum dwelling area: 24 feet width and first floor with 960 square
feet of living space per dwelling.
(9)
Minimum pitched roof: 4:12 pitched roof.
(10)
Minimum eave overhang: 12 inches of eave overhang.
A.
Purpose. This district is intended to provide for apartments, to
include family or garden types, elevator and walk-up types, efficiency
or studio types, and manufactured home parks, subject to other provisions
of this Code.
B.
Requirements.
(1)
Lot size. Minimum area (in square feet) 12,000, plus 1,500 for each
dwelling unit over four.
(2)
Setbacks. Minimum front yard (in feet): 25; minimum either side yard
(in feet): eight; minimum aggregate side yard (in feet): 20; minimum
rear yard (in feet): 25.
(3)
Height. Maximum permitted (in feet), principal structure: 45 [a building
may be erected to a height of 60 feet if set back from all required
yard lines a distance of one foot for each foot of additional height
above 45 feet]; accessory structure: 25.
C.
Permitted uses. A building or premises shall be used only for the
following purposes:
(1)
Multiple-family dwellings.
(2)
Publicly owned or operated park, playground or community building,
provided that any building shall be located not less than 25 feet
from any side lot line.
(3)
Home occupation and professional offices.
(4)
Accessory building or use, including a private garage, carport and
paved parking area customarily incident to the above uses, but not
involving the conduct of a business.
D.
Conditional uses.
(1)
Private lodges and clubs.
(2)
Nursing homes and community-based residential facility (CBRF).
(3)
Public utility offices and installation, including transmission lines
and substations.
(4)
Funeral homes.
(5)
Dental and medical clinics.
(6)
Church or other place of worship or Sunday School, provided that
any such building shall be located not less than 25 feet from any
side lot line.
(7)
Public school, kindergarten, elementary and high, or a private school
having a curriculum the same as ordinarily given in a public school,
provided that any such building shall be located not less than 25
feet from any side lot line.
(8)
Institution of a religious, education, eleemosynary or philanthropic
nature, but not a penal or mental institution.
(9)
Bed-and-breakfast
establishments.
[Added 1-4-2016 by Ord.
No. 1-2016]
(10)
Bakery.
[Added 5-4-2017 by Ord.
No. 6-2017]
(11)
Lot consolidation.
[Added 5-4-2017 by Ord.
No. 4-2017]
A.
Purpose. The purpose of the R-5 District is:
(1)
To provide compact residential development around existing residential
development or in areas presently served or readily serviceable by
public sewer with zero-line setback on one side yard. This will permit
two single-family homes to be joined to give the appearance of a two-family
dwelling.
(2)
To delineate those areas where predominantly residential development
has occurred or will be likely to occur in accordance with the general
plan or overriding economic consideration.
(3)
To guard against surface and subsurface water pollution.
(4)
To protect the integrity of residential areas by prohibiting the
incursion of incompatible residential and nonresidential uses.
(5)
To create and preserve the general aesthetics of an area by regulating
land use.
(6)
To locate this district in areas with a soil suitability of residential
development of slight or moderate restriction.
B.
Permitted uses.
(1)
One-family and manufactured homes with public sewer served by separate
service laterals for each dwelling unit when a fire/sound wall is
provided from the foundation to the roof that meets the minimum specifications
in the Wisconsin Uniform Dwelling Code;
[Amended 1-4-2016 by Ord.
No. 1-2016]
(2)
Park and playground;
(3)
Home occupation.
D.
Conditional uses.
E.
Prohibited uses. All uses not specifically permitted.
F.
Lot area and restrictions.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Front setback: 25 feet from Village's right-of-way line.
(4)
Rear setback: 25 feet.
(5)
Side setback: 10 feet on one side and zero feet on the opposite side,
measured from foundation.
(6)
Building height: two stories of 26 feet.
(7)
Minimum lot depth: 100 feet.
(8)
Minimum dwelling area: 24 feet width and first floor with 960 square
feet of living space.
(9)
Minimum pitched roof: 4:12 pitched rood.
(10)
Minimum eave overhang: 12 inches of eave overhang on the sides
other than the zero lot line setback if the structure is attached
to another structure on the zero lot line side.
A.
Purpose. The purpose of this district is:
(1)
To delineate areas appropriate for commercial uses which are either
oriented to the highway user or intended as service to vehicles.
(2)
To delineate predominantly retail shopping areas outside of central
commercial districts, or areas of similar compact development.
(3)
To locate this district in areas with public sewer with a soil suitability
for urban development of slight or moderate restriction.
C.
Accessory uses. Dwellings as a part of the primary building or permitted
use, essential services parking garage or parking area.
D.
Prohibited uses. All uses not specifically permitted.
E.
Lot area and restrictions.
(2)
Minimum lot width: none.
(3)
Front setback: none.
(4)
Rear setback: 40 feet where adjacent to R or R-1 District.
(5)
Side setback: 20 feet where adjacent to R or R-1 District; otherwise,
no restrictions.
(6)
Building height: two stories or 26 feet next to R or R-1 District.
(9)
Percent slope. No building shall be permitted on slopes 20% or greater,
except as a conditional use.
(10)
Accessory building. No more than 30% of rear yard may be covered
and three feet from rear lot line and three feet from side yard line.
A.
Purpose. The purpose of the I-1 District is to delineate areas best
suited for industrial development because of location, topography,
existing facilities and relationship to other land uses. Uses incompatible
with industry are not to be permitted.
B.
Permitted uses. Manufacturing, processing, repairing or warehouse
use, wholesale establishments, auction sales.
C.
Accessory uses. Essential services.
D.
E.
Prohibited uses. All uses not specifically permitted.
F.
Lot area and restrictions.
(1)
Minimum lot area: 8,000 square feet when sewered; one acre if not
sewered.
(2)
Minimum lot width: 80 feet.
(3)
Front setback: 25 feet.
(4)
Rear setback: 10 feet, except that it shall be no closer than 100
feet to an adjacent residential district.
(5)
Side setback: 10 feet, except that it shall be 100 feet when adjacent
to a residential district.
(6)
Building height: six stories or 60 feet.
(7)
Minimum lot depth: 100 feet.
(8)
Percent slope. No building shall be permitted on slopes 20% or greater,
except as a conditional use.
(9)
Accessory building. No more than 30% of rear yard may be covered
and three feet from rear lot line and three feet from side yard line.
A.
Purpose. This district includes large undeveloped tracts within the
Village used for agricultural purposes in the past or at the present
time. It is assumed such land will be subject to rezoning as necessary.
C.
Accessory uses. Essential services.
D.
Conditional uses.
(4)
Adult entertainment. An adult-oriented establishment shall be a permitted
use in the A-1 Agricultural District. All pertinent general or district
zoning restrictions shall apply. All applicable provisions of the
municipal code and the Wisconsin Statutes regulating conditional uses
shall apply to any request for conditional use for an adult-oriented
establishment. If any provision of this chapter is deemed invalid
or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the other provisions of same.
In addition, no permit may be granted for an adult-oriented establishment
unless it shall be located at least 1,000 feet from:
(a)
The boundaries of the following districts: R-1 Single-Family
Residential District, R-2 Single-Family Residential District, R-3
Two-Family Residential District, R-4 Multiple-Family Residential District,
and PUD Planned Unit Development District; and/or
(b)
Any property within the Village then used for residential, church,
park or school purposes.
E.
Prohibited uses. All uses not specifically permitted. Platted subdivisions
and manufactured homes.
[Added 6-2-2008]
A.
Purposes. The M-1 Light Industrial District is established to accommodate
those uses which are of a non-nuisance type located in relative proximity
to residential areas and to preserve and protect lands designated
on the Comprehensive Plan for industrial development and use from
the intrusion of certain incompatible uses, which might impede the
development, and use of lands for industrial purposes.
C.
D.
Prohibited uses. All uses not specifically permitted.
E.
Property development regulations.
(2)
Yards.
(a)
Front setback minimum: 25 feet.
(b)
Rear setback minimum: 30 feet.
(c)
Side setback. Whenever an M-1 Industrial District shall border
property having a zoning classification of R-1 or R-2, there shall
be a twenty-foot setback requirement on the M-1 land. For any other
bordering zoning classifications, the setback requirement shall be
10 feet.
(d)
Minimum lot area: 8,000 square feet.
A.
Purpose. The purpose of this district is:
(1)
To delineate those areas where substantial development of the land
in the form of buildings or structures is prohibited due to:
(a)
Special or unusual conditions of topography, drainage, floodplain
or other natural conditions, whereby considerable damage to buildings
or structures and possible loss of life may occur due to the processes
of nature.
(b)
The lack of proper facilities or improvements resulting in the
land not being suitable for improvement at the present time.
(2)
To delineate areas subject to flooding by adjacent lakes or streams
and deem suitable for development.
(3)
For the preservation and protection of scenic, historic, scientific
and biologically important areas. For the protection of groundwater
sources.
B.
Principal permitted uses. Soil and water conservation, forestry under
professional guidance, floodplain, wildlife habitat, public park and
campground, drainage, water measurement and water control facilities,
grazing under professional guidance, accessory structures such as
park buildings, orchards, utilities, wild crop harvesting and Village
park land.
C.
Accessory uses: essential uses.
E.
Prohibited uses. No structures permitted, except those housing essential
services accessory to the principal or permitted uses. Uses involving
the dumping, filling, cultivation, mineral, soil or peat removal or
any other use that would disturb the natural fauna, flora, watercourses,
water regimen, natural land forms or topography. All uses not specifically
permitted.
A.
Purpose. The G-1 Institutional District is intended to eliminate
the ambiguity of maintaining, in unrelated use districts, areas which
are under public or public-related ownership and where the use for
public purpose is anticipated to be permanent.
B.
Permitted uses.
(1)
Cemeteries.
(2)
Churches.
(3)
Fraternal organizations.
(4)
Hospitals, sanatoriums, nursing homes and clinics.
(5)
Libraries, museums and art galleries.
(6)
Municipal parking lots.
(7)
Public administrative offices and public service buildings, including
fire and police stations.
(8)
Public or private schools, colleges and universities.
(9)
Public utility offices.
(10)
Utilities.
(11)
Water storage tanks, towers and wells.
(12)
Amphitheaters.
(13)
Amusement parks.
(14)
Aquariums.
(15)
Arenas and field houses.
(16)
Art galleries.
(17)
Auditoriums.
(18)
Boat rentals and boat access sites.
(19)
Botanical gardens and arboretums.
(20)
Exhibition halls.
(21)
Fairgrounds.
(22)
Forest reserves (wilderness areas).
(23)
Forest reserves (wilderness refuges).
(24)
Golf courses with or without country club facilities.
(25)
Golf driving ranges.
(26)
Group or organized camps.
(27)
Historic and monument sites.
(28)
Hunting and fishing clubs.
(29)
Ice skating.
(30)
Libraries.
(31)
Miniature golf.
(32)
Museums.
(35)
Playfields or athletic fields.
(37)
Recreation/community centers.
(38)
Skiing and tobogganing.
(39)
Stadiums.
(40)
Swimming beaches.
(41)
Tennis courts.
C.
Permitted accessory uses.
(1)
Essential services.
(2)
Garages for storage of vehicles or materials used in conjunction
with the operation of a permitted used.
(3)
Off-street parking and loading areas.
(4)
Residential quarters for administrators, caretakers or clergy.
(5)
Service buildings and facilities normally accessory to the permitted
uses.
(6)
Service-oriented offices or shops located within institutional buildings.
D.
E.
Lot area and width. There are no minimum lot requirements.
F.
Building height. No building or parts of a building shall exceed
45 feet in height.
G.
Setback and yards.
(1)
A minimum building setback of 25 feet from the right-of-way line
of all public streets shall be required.
(2)
There shall be a minimum side yard of 10 feet.
(3)
There shall be a rear yard of not less than 25 feet.
(4)
Exception. In the case of ownership by school district or organization
or by church or religious society of more than 50% of the frontage
on intersection streets and more than 50% of the area of the square
block wherein such property is located, the minimum setback line for
building on such school or church property shall be 15 feet.
The requirements for property in the R-MH Mobile Home District shall be as provided in Article XII of this chapter.
A.
Purpose. The Village recognizes that consequences of certain land
use activities, whether intentional or accidental, can seriously impair
groundwater quality. The purpose of the Municipal Well Recharge Area
Overlay District (MW) is to protect municipal groundwater resources
from certain land use activities by imposing appropriate restrictions
upon lands located within the approximate groundwater recharge area
of the Village's municipal wells. The restrictions imposed herein
are in addition to those of the underlying residential, commercial
or industrial zoning districts or any other provisions of the Zoning
Ordinance.
B.
Overlay zones. The Municipal Well Recharge Area Overlay District
is hereby divided into Zone A and Zone B as follows:
(1)
Zone A is identified as the primary source of water for the municipal
well aquifer and as the area most likely to transmit groundwater contaminants
to the municipal wells. Zone A is more restrictive than Zone B.
(2)
Zone B is identified as a secondary source of water for the municipal
well aquifer and as an area where there is a lower probability of
surface contaminants reaching the municipal well fields. Zone B is
less restrictive than Zone A.
C.
Zone A prohibited uses. The following land uses are hereby found
to have a high potential to contaminate or have already caused groundwater
contamination problems in Wisconsin and elsewhere. The following principal
or accessory uses are hereby prohibited within Zone A of the Municipal
Well Recharge Area Overlay District:
(1)
Areas for dumping or disposing of garbage, refuse, trash or demolition
material.
(2)
Asphalt products manufacturing plants.
(3)
Automobile laundries.
(4)
Automobile service stations.
(5)
Building materials and products sales.
(6)
Cartage and express facilities.
(7)
Cemeteries.
(8)
Chemical storage, sale, processing or manufacturing plants.
(9)
Dry-cleaning establishments.
(10)
Electronic circuit assembly plants.
(11)
Electroplating plants.
(12)
Exterminating shops.
(13)
Fertilizer manufacturing or storage plants.
(14)
Foundries and forge plants.
(15)
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(16)
Highway salt storage areas.
(17)
Industrial liquid waste storage areas.
(18)
Junkyards and auto graveyards.
(19)
Metal reduction and refinement plants.
(20)
Mining operations.
(21)
Motor and machinery service and assembly shops.
(22)
Motor freight terminals.
(23)
Paint products manufacturing.
(24)
Petroleum products storage or processing.
(25)
Photography studios, including the developing of film and pictures.
(26)
Plastics manufacturing.
(27)
Printing and publishing establishments.
(28)
Pulp and paper manufacturing.
(29)
Residential dwelling units on lots less than 15,000 square feet
in area. However, in any residence district, on a lot of record on
the effective date of this chapter, a single-family dwelling may be
established regardless of the size of the lot, provided all other
requirements of the Village's Zoning Ordinance are complied with.
(30)
Septage disposal sites.
(31)
Sludge disposal sites.
(32)
Storage, manufacturing or disposal of toxic or hazardous materials.
(33)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(34)
Woodworking and wood products manufacturing.
D.
Zone A conditional uses. The following conditional uses may be allowed in the Municipal Well Recharge Area Overlay District, subject to the provisions of Article V:
A.
Purpose and intent. The purpose of this section is to:
(1)
Effect and accomplish the protection, enhancement and preservation
of such improvements, sites and districts which represent or reflect
elements of the Village's cultural, social, economic, political and
architectural history.
(2)
Safeguard the Village's historic, prehistoric and cultural heritage,
as embodied and reflected in such historic sites, structures and districts.
(3)
Stabilize and improve property values and enhance the visual and
aesthetic character of the Village.
(4)
Protect and enhance the Village's attractions to residents, tourists
and visitors and serve as a support and stimulus to business and industry.
B.
CERTIFICATE OF APPROPRIATENESS
HISTORIC DISTRICT
HISTORIC SITE
HISTORIC STRUCTURE
IMPROVEMENT
PLAN COMMISSION
Definitions. The definitions are as follows:
The certificate issued by the Plan Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, site or any improvement in a historic district.
An area that contains two or more historic improvements or sites as designated in Subsection C of this section.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which a
historic event has occurred, and which has been designated as a historic
site under this section, or an improvement parcel, or part thereof,
on which is situated a historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the Village, state or nation and which
has been designated as a historic structure pursuant to the provisions
of this section.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
The Commission as created by the Village Board.
C.
Location of the Historical District. The area designated as the Historical
District is as follows: Lots 5 thru 9 less W 10' of N 60' Lt 9 in
Block 6 of the Consolidated Plat; Lots 1 through 6 and Lots 11-12
in Block 7 of the Consolidated Plat; Lots 6 through 9 in Block 11
of the Consolidated Plat; Lots 1-2, and W 15' of N 100' Lot 11, Lot
12 of Block 12 of the Consolidated Plat; S 100' Lot 1, Lot 2, Block
27 of the 1st Addition. Business operations in this district are to
follow the guidelines established by the zoning ordinances governing
commercial property.
D.
Regulation of construction, reconstruction, alteration and demolition.
(1)
No owner or person in charge of a historic structure, historic site
or structure within a historic district shall reconstruct, alter or
demolish all or any part of such property or construct any improvement
upon such designated property or properties or cause or permit any
such work to be performed upon such property or demolish such property
unless a certificate of appropriateness has been granted by the Plan
Commission. Also, unless such certificate has been granted by the
Commission, the Village Board shall not issue a permit for any such
work.
(2)
Upon filing of any application for a certificate of appropriateness
with the Commission, the Commission shall approve the application
unless:
(b)
In the case of a designated historic structure or historic site,
the proposed work would detrimentally change, destroy or adversely
affect any exterior feature of the improvement or site upon which
said work is to be done.
(c)
In the case of the construction of a new improvement upon a
historic site, or within a historic district, the exterior of such
improvement would adversely affect or not harmonize with the external
appearance of other neighboring improvements on such site or within
the district.
(d)
In the case of any property located in a historic district,
the proposed construction, reconstruction, exterior alteration or
demolition does not conform to the purpose and intent of this section
and the objectives and design criteria for said district.
(e)
The building or structure is of such architectural or historical
significance that its demolition would be detrimental to the public
interest and contrary to the general welfare of the people of the
Village and state.
(f)
In the case of a request for the demolition of a deteriorated
building or structure, any economic hardship or difficulty claimed
by the owner is self-created or is the result of any failure to maintain
the property in good repair.
(3)
If the Commission determines that the application for a certificate
of appropriateness and the proposed changes are consistent with the
character and features of the property or district, it shall issue
the certificate of appropriateness. The Commission shall make this
decision within 45 days of the filing of the application.
(4)
The issuance of a certificate of appropriateness shall not relieve
the applicant from obtaining other permits and approvals required
by the Village. A building permit or other municipal permit shall
be invalid if it is obtained without the presentation of the certificate
of appropriateness required for the proposed work.
(5)
Ordinary maintenance and repairs may be undertaken without a certificate
of appropriateness, provided that the work involves repairs to existing
features of a historic structure or site or the replacement of elements
of a structure with pieces identical in appearance and provided that
the work does not change the exterior appearance of the structure
or site and does not require the issuance of a building permit.
E.
Renovation of existing buildings. The following guidelines apply
only to the exterior of buildings located within the district:
(1)
Rehabilitation work on buildings shall not destroy the distinguishing
qualities of the property and its environment. The removal or alteration
of any historical material or architectural features should be held
to a minimum, consistent with the proposed use.
(2)
Deteriorated features should be repaired rather than replaced whenever
possible. In the event that replacement is necessary, the new material
should match the material being replaced in visual quality. Repairs
and replacements of missing features should be based on duplications
of the original.
(3)
New additions or alterations to buildings within the district shall
be done in a manner to enhance the overall appearance of the buildings.
Additions shall have a like appearance to the building they are attached
to.
(4)
No building within the district shall be razed without a certificate
of appropriateness issued by the Plan Commission.
(5)
Existing brick or masonry surfaces shall not be covered by any type
of siding, either natural or synthetic. Any other surfaces may only
be covered with natural wood siding or brick that is reddish in color.
(6)
Original brick surfaces may not be painted. All other surfaces may
only be painted or stained with a color or hue that does not detract
from the period setting of the district.
(7)
Signs shall not dominate the building to which they are affixed.
Signs that extend out from or are attached to the building may not
be of a neon or fluorescent type, may not move or flash, and should
be kept as simple as possible to help maintain the period setting
of the district. A sign permit is required for any sign alteration.
(8)
Awnings shall be limited to fabric construction of solid color which
shall be of a permanent or roll-up nature and shall not detract from
the period setting of the district.
(9)
Vending machines shall not be placed outside of buildings or property
within the Historic District.
F.
Construction of new buildings within the district.
(1)
New construction should maintain the continuity of existing rows
of buildings or help to reestablish this continuity where it has been
lost. New buildings joining a row of other buildings should not be
placed in front of or in back of the buildings adjoining it. New buildings
shall be constructed to within 25% of the average height of existing
adjacent buildings.
(2)
The exterior covering of new buildings shall be of brick or natural
wood siding only. Bricks should be of a reddish color and may not
be painted. Natural wood sidings may only be stained or painted with
a color or hue that does not detract from the period setting of the
district.
(3)
The facades of new buildings shall be rectangular in shape with proportions
compatible to the proportions of adjacent buildings. Facades must
have a solid wall space above the top story and have a cornice with
or without a parapet. This form of architectural organization will
be most effective if aligned with similar elements on adjacent buildings.
New roofs should not extend above the false fronts, cornices, or parapets.
(5)
Awnings shall be limited to fabric construction of solid color, which
shall be of a permanent or roll-up nature and shall not detract from
the period setting of the district.
(6)
The interiors of new buildings shall be left to the discretion of
the owner, as long as it does not interfere with the outward appearance
of the building. The use of new buildings shall be governed by the
regulations concerning commercial zones.
(7)
Plans for construction of a new building within the district must
receive a certificate of appropriateness.
G.
Appeals. Should the Commission fail to issue a certificate of appropriateness
due to the failure of the proposal to conform to the guidelines, the
applicant may appeal such decision to the Village Board within 30
days. In addition, if the Commission fails to issue a certificate
of appropriateness, the Commission shall, with the cooperation of
the applicant, work with the applicant in an attempt to obtain a certificate
of appropriateness within the guidelines of this section.
H.
Penalties for violations. Any person or persons violating any provision of this section shall be subject to the penalties provided in § 1-4 for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Village Board.
