[Ord. No. 19-2020, 6-8-2020[1]]
This chapter of the Village Code is known and may be cited and
referred to as the "zoning chapter."
[1]
Editor's Note: This ordinance also superseded former Ch. 90,
Zoning, adopted 8-8-1972, as amended.
[Ord. No. 19-2020, 6-8-2020]
This zoning chapter is adopted under the authority of the powers
granted and limitations imposed by Wisconsin law, including §§ 62.23(7),
62.231, 87.30 and 236.45, Wis. Stats.
[Ord. No. 19-2020, 6-8-2020]
The provisions of this zoning chapter become effective on June
8, 2020, except as otherwise expressly stated.
[Ord. No. 19-2020, 6-8-2020]
The provisions of this zoning chapter apply to all public and
private use and development of properties within the Village of Mount
Pleasant, except as provided by state or federal law or as otherwise
expressly stated in this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
This zoning chapter is adopted for the following purposes:
(a)
Promoting land use and development patterns that are consistent
with the Comprehensive Plan and other relevant, officially adopted
plans of the Village;
(b)
Protecting the public health, safety and general welfare of
the Village;
(c)
Securing safety from fire, flooding, pollution, contamination
and other dangers;
(d)
Maintaining and promoting safe motorized and nonmotorized circulation;
(e)
Ensuring the provision of adequate open space for light, air,
firesafety and recreation;
(f)
Protecting environmentally sensitive areas;
(g)
Removing obstacles and providing opportunities for energy conservation
and renewable energy use;
(h)
Facilitating the adequate, efficient and cost-effective provision
of infrastructure and other public services and facilities;
(i)
Preserving the natural scenic beauty of the Village and enhancing
the appearance of the natural and built environment;
(j)
Stabilizing, protecting, and enhancing property values;
(k)
Protecting productive agricultural land from premature urbanization
and providing opportunities for local food production;
(l)
Accommodating innovative project designs, including developments
that incorporate mixed uses and housing variety and choice;
(m)
Promoting the orderly development and economic vitality of the
Village;
(n)
Providing an adequate variety of housing and commercial building
types to satisfy the Village's social and economic goals; and
(o)
Providing for the administration and enforcement of this zoning
chapter, as well as remedies and penalties for ordinance violations.
[Ord. No. 19-2020, 6-8-2020]
(a)
The provisions of this zoning chapter are the minimum requirements
deemed necessary to carry out the zoning chapter's stated purposes.
(b)
In addition to the requirements of this zoning chapter, all
uses, buildings and structures must comply with all other applicable
ordinances, laws and regulations.
(c)
References in this zoning chapter to other governmental regulations
do not constitute a complete list of such regulations. These references
do not imply any responsibility for the Village to enforce regulations
imposed by other government authorities.
[Ord. No. 19-2020, 6-8-2020]
(a)
All lots created or modified must comply with all applicable
provisions of this zoning chapter.
(b)
The use of land, buildings and structures must comply with the
provisions of this zoning chapter.
(c)
Buildings and structures erected, located, moved, reconstructed,
extended or structurally altered must comply with the provisions of
this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
(a)
Abrogation. The regulations of this zoning chapter are not intended
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, ordinances, rules,
regulations or permits previously adopted or issued pursuant to law.
(b)
State or federal regulations. If the provisions of this zoning
chapter are inconsistent with or conflict with state or federal law,
the applicable state and federal law or regulation governs.
(c)
Other Village regulations. If the provisions of this zoning
chapter are inconsistent with one another or if they conflict with
provisions found in other adopted ordinances or regulations of the
Village, the more restrictive provision governs unless otherwise expressly
stated. The more restrictive provision is the one that imposes more
stringent controls.
(d)
Private agreements and covenants. The Village is not responsible
for monitoring or enforcing agreements or covenants among private
parties. If the provisions of this zoning chapter impose a greater
restriction than imposed by an agreement or covenant among private
parties, the provisions of this zoning chapter govern.
[Ord. No. 19-2020, 6-8-2020]
(a)
Meanings and intent.
(1)
Words and terms expressly defined in this zoning chapter including
those defined in Division 90-620 have the specific meanings assigned
unless the context indicates another meaning.
(2)
Words that are not expressly defined in this zoning chapter
have the meaning assigned in Merriam-Webster's Collegiate Dictionary.
(c)
Computation of time.
(1)
References to "days" are to calendar days unless otherwise expressly
stated. References to "business days" are references to regular Village
government working days, excluding Saturdays, Sundays and holidays
observed by Village government.
(2)
The time in which an act is to be completed is computed by excluding
the first day and including the last day. If the last day is a Saturday,
Sunday or holiday observed by Village government, that day is excluded.
(3)
A day concludes at the close of business, and any materials
received by the Village after that time will be considered to have
been received the following day.
(d)
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is
also true.
(2)
Words used in the present tense include the future tense. The
reverse is also true.
(3)
The words "shall," "will," and "must" are mandatory.
(4)
The word "may" is permissive, not mandatory or required, but
the phrase "may not" means that the referenced action is expressly
prohibited.
(5)
Phrases that include numbers, such as "up to x," "not more than
x" and "a maximum of x" all include "x."
(6)
The words "used" and "occupied" include "intended and designed
to be used or occupied."
(e)
Illustrations. Illustrations are provided for convenience and
reference only and do not define or limit the scope of any provision
of this zoning chapter. In case of any difference of meaning or implication
between the text of this zoning chapter and any figure or illustration,
the text governs.
(f)
References to other regulations. All references in this zoning
chapter to other Village, county, state, or federal regulations are
for informational purposes only, and do not necessarily constitute
a complete list of applicable regulations. References to other applicable
regulations do not imply any responsibility by the Village for enforcement
of such regulations.
(g)
Versions and citations. All references in this zoning chapter
to other Village, state or federal regulations are to be construed
as referring to the most up-to-date version and citation for those
regulations or successor regulations, unless otherwise expressly indicated.
When the referenced regulations have been repealed and not replaced
by other successor regulations, zoning chapter requirements for compliance
are no longer in effect.
(h)
Lists and examples. Unless otherwise expressly indicated, lists
of items or examples that use "including," "such as," or similar terms
are intended to provide examples only. They are not to be construed
as exhaustive lists of all possibilities.
(i)
Delegation of authority. Whenever a provision appears requiring
the head of a department or another officer or employee of the Village
to perform an act or duty, that provision will be construed as authorizing
the department head or officer to delegate that responsibility to
others over whom they have authority. Delegation of authority is not
allowed when the provisions of this zoning chapter expressly prohibit
such delegation.
(j)
Public officials and agencies. Unless otherwise expressly stated,
all employees, public officials, and boards and commissions to which
references are made are those of the Village of Mount Pleasant.
[Ord. No. 19-2020, 6-8-2020]
(a)
Establishment. The location and boundaries of the districts
defined in this zoning chapter must be established by ordinance and
shown on a geographic coverage layer that is maintained as part of
a geographic information system (GIS) under the direction of the Community
Development Director. This zoning geographic coverage layer constitutes
the Village's official Zoning Map.
(b)
Maintenance and updates. The Community Development Director
is responsible for directing revisions to the official Zoning Map
to reflect its amendment as soon as possible after the effective date
of any ordinance establishing or amending zoning district boundaries.
(c)
Boundaries. Zoning boundary lines must be described by legal
description or by a map that accompanies the ordinance establishing
the district or amending the district boundaries. When a legal description
is used, the boundary is deemed to extend to the center line of abutting
streets. When a map is used, boundary lines must be established by
dimensions, property lines, recorded lot lines, or the center line
of abutting streets, alleys, or railroad rights-of-way, as those features
were of record at the time of adoption.
(d)
Map interpretations. Where any uncertainty exists about a zoning
boundary that was established by legal description, the legal description
accompanying the amending ordinance governs. In other cases, the Community
Development Director is authorized to make an interpretation of the
boundaries. The following rules apply to all Zoning Map interpretations:
(1)
Boundaries shown as approximately following the center lines
of streets, highways, alleys or other public rights-of-way must be
construed to follow such center lines.
(2)
Boundaries shown as approximately following platted lot lines
must be construed as following such lot lines.
(3)
Boundaries shown as approximately following Village limit lines
must be construed as following those lines.
(4)
Boundaries shown as approximately following railroad lines must
be construed to be midway between the main tracks.
(5)
Boundaries shown as approximately following the shoreline or
center line of a river, stream, lake or other watercourse must be
construed as following the actual shoreline or center line of the
watercourse. If, after establishment of the boundary, the shoreline
or center line of the watercourse moves as a result of natural processes,
the boundary must be construed as moving with the shoreline or center
line of the watercourse.
(e)
Annexed land. When land is annexed or otherwise brought into
the zoning jurisdiction of the Village, it must be assigned a zoning
classification based on the Comprehensive Plan, existing land uses,
any applicable annexation agreement or other relevant considerations.
(f)
Split-zoned parcels.
(1)
The Zoning Map may not be amended to classify a single parcel
into two or more base zoning districts. This provision does not apply
to overlay zoning districts.
(2)
The split zoning of any newly created parcel (into more than
one base zoning district classification) is prohibited. This provision
does not apply to overlay zoning districts.
(3)
The following regulations apply to existing parcels that are
classified in two or more base zoning classifications:
a.
For existing and proposed uses and structures, the more restrictive
provisions of the applicable zoning districts apply to the entire
parcel except when one base zoning district applies to at least 75%
of the total parcel area and the remainder of the parcel is less than
10,000 square feet in area. The regulations of the zoning district
that applies to the larger portion of the parcel applies to the entire
parcel.
|
Figure 90-10-1
Split-Zoned Lots
 |
b.
Building setbacks do not apply along base zoning district boundary
lines that split a parcel under single ownership.
c.
If any use, building or structure rendered nonconforming by
the split-zoned parcel provisions of this section is accidentally
damaged or destroyed, it may be reestablished, as long as the reestablishment
does not increase the extent of nonconformity.
[Ord. No. 19-2020, 6-8-2020]
The provisions of this section address the transition to this zoning chapter from the zoning ordinance in effect immediately before the effective date specified in § 90-10.30.
(a)
Applications, permits and approvals.
(1)
Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in § 90-10.30 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning chapter. If the building, development or structure is commenced but not completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning chapter.
(2)
Complete applications for variances, exceptions, special permits, conditional uses, site plans, planned developments, and other zoning-related approvals that are pending approval on the effective date specified in § 90-10.30 must be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in § 90-10.30.
(3)
The Community Development Director is authorized to issue permits for construction or development approved before the effective date specified in § 90-10.30 and for developments pending approval before that effective date even if such building, development or structure does not fully comply with provisions of this zoning chapter. If building is not commenced and completed within the time allowed under the permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning chapter.
(b)
Zoning district name conversions. The zoning district names in effect before the effective date specified in § 90-10.30 are converted as indicated in Table 90-10-1.
|
Table 90-10-1 Zoning Name Conversions
| |
|---|---|
|
Previous District
|
New (Renamed) District
|
|
Residential
| |
|
OAG
|
RE
|
|
R-100 and R-100D
|
RL-1
|
|
R-75 and R-75D
|
RL-1
|
|
R-60 and R-60D
|
RL-1 or RL-2 (based on lot size)
|
|
R-40
|
RL-2
|
|
RM-1
|
RM-1
|
|
RM-2
|
RM-2
|
|
RM-3 and RM-4
|
RH-1
|
|
None
|
RH-2 (new district)
|
|
R-50MH
|
Eliminated
|
|
Mixed-Use
| |
|
None
|
MX-1 (new district)
|
|
None
|
MX-2 (new district)
|
|
None
|
MX-3 (new district)
|
|
None
|
MX-4 (new district)
|
|
Business and Employment
| |
|
B-1
|
B-1
|
|
OOS
|
B-1
|
|
B-2 and B-4
|
B-2
|
|
B-3
|
B-3
|
|
OHS
|
B-4
|
|
B-P
|
B-P
|
|
M-E
|
M-1
|
|
M-1
|
M-2
|
|
OEL
|
M-3
|
|
Special Purpose
| |
|
None
|
AG-1 (new district)
|
|
AG
|
AG-2
|
|
PUL
|
P-1 or P-2
|
|
W-F
|
Eliminated1
|
|
AUH
|
Eliminated (rezone to R)
|
|
RCH
|
Eliminated
|
|
Overlay
| |
|
OAG
|
RE, AG-1 or AG-2 (varies)
|
|
OEL
|
M-3
|
|
OCR
|
Eliminated
|
|
OCS
|
Eliminated1
|
|
OIP
|
P-1 or P-2
|
|
OHS
|
B-4
|
|
OOS
|
B-1
|
|
OPD
|
PD (legacy district)
|
|
OLC
|
Eliminated
|
|
NOTE:
| |
|
1
|
Handled through generally applicable development regulations
rather than mapped zoning designation.
|
[Ord. No. 19-2020, 6-8-2020]
(a)
The Village does not guarantee, warrant or represent that only
the soils listed as being unsuited for specific uses are the only
unsuitable soils and hereby asserts that there is no liability on
the part of the Village Board, its agencies or employees for any sanitation
problems or structural damages that may occur as a result of reliance
upon, and conformance with, this zoning chapter.
(b)
The Village does not guarantee, warrant, or represent that only
those areas designated as floodplain will be subject to periodic inundation
and hereby asserts that there is no liability on the part of the Village,
its officers, employees, agents, or representatives for any flood
damages, sanitation problems, or structural damages.
[Ord. No. 19-2020, 6-8-2020]
(a)
If one or more provisions of this zoning chapter, or the application
of this zoning chapter to specific properties is held by a court of
competent jurisdiction to be unlawful, invalid, unenforceable, or
preempted by applicable state or federal law or regulations, such
provisions are deemed to be severed from this zoning chapter. Remaining
provisions remain in full force and effect.
(b)
If any requirement or condition attached to an approval given
under this zoning chapter is found to be invalid by a court of competent
jurisdiction, it will be presumed that the approval would not have
been given without the requirement or condition and, therefore, the
subject approval will also be deemed invalid.
