Village of Combined Locks, WI Article IV Special Provisions

§ 580-30 Applicability.

Regulations for uses and structures specified in this article shall apply to such uses and structures whether permitted by right or permissible by special exception.

§ 580-31 Planned unit development (PUD).

A. Intent. The intent of the planned unit development provisions is to encourage quality and desirable development by allowing for greater flexibility and design standards for projects conceived and implemented as comprehensive and cohesive developments. This chapter are established to permit and encourage diversification, variation and imagination in the relationship of uses, structures, and heights of structure; to encourage the preservation of open space; and to encourage more rational, economic development with respect to the provisions of public services.

B. Character of site. All Planned Unit Developments must be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances or inconveniences.

C. Locational requirements. All planned unit developments must have direct access to major streets or highways without creating traffic on local residential streets outside the district. PUDs must be so located in relation to existing public utilities and facilities that no additional public expense will be involved, unless the developer agrees to offset the added public expense.

D. Unified control.

(1) All land included for development as a PUD shall be under the legal control of the applicant, whether that applicant be an individual, partnership, or corporation or group of individuals, partnerships, or corporations. Applicants requesting approval of a PUD shall present firm evidence of unified control of the entire area within the proposed PUD together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of this chapter.

(2) Applicant agreement.

(a) The applicant shall state agreement to:

[1] Proceed with the proposed development according to the provisions of this chapter and such conditions as may be attached to the special exception for PUD;

[2] Provide agreements, contracts, deed restrictions, and sureties acceptable to the Village for completion of the development according to the approved plans, and maintenance of such areas, functions and facilities as are not to be provided, operated, or maintained at public expense; and

[3] Bind their successors in title to any commitments made under Subsections A, B and C preceding.

(b) All such agreements and evidence of unified control shall be examined by the Village Attorney that such agreements and evidence of unified control meet the requirements of this chapter.

E. Permitted uses. Any use permitted in the RMF District.

F. General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the district in which it is located.

G. Area and density requirements. A tract of land proposed for development as a planned unit development shall contain a minimum area of two acres and a maximum density of 14 dwelling units per net acre in the RTF District and 24 dwelling units per net acre in the RMF District.

H. Internal lots and frontage. Within the boundaries of the PUD no minimum lot size or minimum yards shall be required; provided, however, that no structure shall be located close to any peripheral property line than two times the height of such structure.

I. Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street.

J. Common open space requirements. There shall be a minimum open space requirement of 40% of the total net acreage of the tract. Common open space areas shall be subject to the conditions for such areas as specified in § 580-13.

K. Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned unit development, but precise standards satisfactory to the Plan Commission shall be made a part of the approved plan and shall be enforceable as a part of this section.

L. Procedures for approving planned unit developments. Approval of a planned unit development is subject to the following conditions:

(1) Preapplication conference. Prior to initiating a request for a special exception, a preapplication conference with the Village Plan Commission is required. The purpose of such a preapplication conference shall be to assist in bringing the overall proposal as nearly as possible into conformity with these or other regulations applying generally to the property involved and to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations.

(2) Concept plan. A concept plan shall accompany the application and shall contain the following information.

(a) The title of the project and the names of the professional project planner and the developer.

(b) Scale, date, North arrow and general location map.

(c) Boundaries of the property involved, all existing streets, buildings, watercourses, easements, section lines, and other existing important physical features in and adjoining the project.

(d) Comprehensive Plan locations and the acreage of each component thereof of the different uses proposed by dwelling types, open space designations, and recreation facilities, and other permitted uses, and off-street parking locations.

(e) Comprehensive Plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic.

(f) Tabulations of total gross acreage in the development, and the percentage thereof proposed to be devoted to the several dwelling types, other permitted uses, recreational facilities, open spaces, streets, parks, schools, and other reservations. Tabulations of projected density shall be computed by deducting gross acreage used for nonresidential purposes other than open space recreation uses.

(g) Architectural drawings and sketches illustrating the design and character of the various structures proposed in the development.

(h) Deed restrictions and other documents pertaining to the improvement, operation, and maintenance of common areas in the development.

(i) In addition, the Plan Commission may require additional material such as plans, maps, studies, and reports which may be needed in order to make the necessary findings and determinations that the applicable standards and guidelines have been complied with.

(3) Plan Commission Recommendation and Village Board Approval. After conference with the applicant and a public hearing, the Plan Commission may recommend to the Village Board to approve, disapprove or approve subject to stated stipulations and conditions, a request for a special exception. In making its decision, the Plan Commission shall find that the plans, maps and documents submitted by the applicant have met the requirements of this chapter. Board approval applies to the concept plan and request for a special exception only. Final Board approval is necessary for the final development plan according to subdivision procedures.[1]

[1] Editor's Note: See Ch. 565, Subdivision of Land.

(4) Binding nature of approval. All terms, conditions, safeguards and stipulations made at the time of approval of the PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition or safeguard shall constitute a violation of this chapter.

(5) Preliminary and final development plans. Plans for development of land approved for a PUD shall be processed in accordance with the standard subdivision review procedures established by the Village. The same information and data shall be furnished at each stage of plan approval as is required for a standard subdivision development. The preliminary plan required and submitted shall be in substantial compliance with the concept plan. In addition to the requirements of the Village for reviewing subdivision plats, the following information shall be provided:

(a) Building locations and architectural definitions of all structures proposed which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required.

(b) Master landscape plan depicting existing and proposed vegetation and locations thereof on the site.

(c) Fence, wall and planting screens location, heights and materials.

(d) Tabulations analyzing the number of total gross acres in the project and the percentage thereof proposed to be devoted to the several dwelling types, other nonresidential uses, off-street parking, streets, open spaces, recreation areas, parks, schools and other reservations.

(e) Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units.

(f) In addition to the plat certificates required when reviewing standard subdivision plats and prior to recording a final plat, the developer shall file, as specified at the time of granting the special exception, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities, including streets, drives, parking areas, and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated, or maintained. Such documents shall be subject to the approval of the Village Attorney.

(g) Changes in plans. Changes in plans not in substantial compliance with the site and development plan may be permitted by the Village Board, provided an application indicating such changes is submitted by the developer or his successors in interest, and provided it is found that any such changes are in accordance with all regulations in effect when the changes are requested. Changes other than those indicated shall be processed as for a new application for a PUD.

(h) Deviations from approved plans. Deviations from the approved plans or failure to comply with any requirement, condition or safeguard imposed by the Village Board during approval or platting procedure shall constitute a violation of the zoning regulations.

(i) Building permits. Final approval of the PUD does not constitute approval for the construction of individual buildings or structures in the development. Separate approval shall be required upon application for building permits.

§ 580-32 Industrial development.

A. Intent. It is the intent of this section to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control, and to insure that the community is adequately protected from potential hazardous and nuisance like effects.

B. Standard of operation.

(1) Vibration.

(a) No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

(b) Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(2) External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the Industrial District boundaries.

(3) Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03, Wis. Adm. Code.

(4) Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Ch. NR 415, Wis. Adm. Code.

(5) Visible emissions. No operation or activity shall emit into the ambient air from any direct source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.

(6) Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration, or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.

C. Administration. Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment, to those requiring substantial technical competence and complex equipment. It is the intent of this section that the methods to be used in determining compliance shall be the responsibility of the Building Inspector subject to the following procedures:

(1) Approval of building permits. Prior to approving a zoning permit for any industrial use, the Building Inspector shall have received from the applicant a site plan as provided in § 580-86, and evidence of assurance that the proposed use or changing use will satisfy the air quality, noise, vibration and exterior lighting standards of this community.

(2) Violation of standards. Whenever the Building Inspector has reason to believe the air quality, noise, vibration and exterior lighting standards of this section have been violated, he shall give written notice by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause the Village to take lawful action to cause correction as provided in this section or to refer the alleged violation to the Wisconsin Department of Natural Resources.

§ 580-33 Mobile home parks.

A. Intent. It is the intent of this chapter to provide limited opportunities for mobile home parks as a means of providing balance and variety to housing in the Village.

B. Character of tract. Each mobile home park tract shall be suitable for the development proposed, recognizing and preserving to the maximum extend practicable outstanding natural features. Every mobile home park shall be located on a well drained area and the premises shall be properly graded so as to prevent the accumulation of storm or other waters. Every mobile home is required to be built on a concrete slab. No mobile home park shall be located in any area that is situated so that drainage or contaminated liquids or solids can be deposited on its location.

C. Access. Access shall be designed for safe and convenient movement of traffic into and out of the park. All vehicular traffic into and out of the park shall be through designated entrances and exits.

D. Streets. All sites shall abut upon a street that has a sixty-foot right-of-way.

E. Sites. Each site shall be clearly defined and delineated. The basic dwelling unit shall not occupy more than 25% of the site area and the basic dwelling unit and all accessory buildings shall not occupy more than 35% of the site area. Each site shall contain a concrete slab not less than 10 feet by 20 feet in dimension for carport or patio; such slab shall not be required until after the mobile home is in position. Each site must conform to Chapter 565, Subdivision of Land, regarding curb and gutter, etc.

F. Buffer area. A buffer area not less than 25 feet in width may be required along public streets and mobile home park boundaries. Such buffer strip may be used for drainage structures and utility easements but shall not be used for any other purpose other than storage buildings of no more than 12 feet by 14 feet in size. All such buffer strips shall be planted in suitable ground cover material.

G. Recreation area. Ten percent of the gross area of the park shall be developed for recreational purposes; provided, however, that the minimum recreation area shall be 1/2 acre. No mobile home site, required buffer strip, street right-of-way, storage area, or utility easement or facility shall be computed as recreation area in meeting this requirement. Recreation areas and facilities shall be owned and operated by park management. Minimum of a lot should conform to Chapter 565, Subdivision of Land.

H. Off-street parking. Two off-street parking spaces shall be provided for each site. One parking space for each 200 square feet of nonstorage floor space shall be provided for offices, recreation facilities and the like.

I. Accessory uses and structures.

(1) Accessory uses and structures in § 580-16C(1) and (2) in the RSF District.

(2) Park recreation facilities, including room or center, courts for games and the like.

(3) Park offices, maintenance facilities and laundry facilities.

(4) Enclosed storage structures and storage garage facilities, with use limited to park residents only.

J. Garbage and trash. Same as for other residential properties.

K. Utilities. Each mobile home site shall be connected to central water and sewer. No individual water supply or sewage disposal system shall be permitted in any mobile home park. Each site shall also be provided with electrical power and central gas (if used) and shall be serviced by individual meters.

L. Management. The park management shall maintain an office in the park or in close proximity for immediate communication. It is the duty of the mobile home park owner or operator to keep a register, which is to be open at all reasonable times and upon reasonable notice to inspection by appropriate state and local officials, of all owners of mobile homes located in the park; maintain the park in a clean and orderly condition at all times; cooperate with local health officers in all cases of communicable diseases. All occupants shall maintain their site in a clean, orderly and sanitary condition and abide by all regulations and park rules.

M. Park license. No person shall establish, operate or maintain a mobile home park within the Village without first obtaining a license from the Village Board. Such license shall expire one year from the date of issuance but may be renewed under the provisions of this section for additional periods of one year. The application for a license or renewal shall be made on forms furnished by the Village Administrator and shall include the name and address of the owner of the mobile home park (if the park is owned by someone other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the park and make application shall be provided) and such legal description of the premises upon which the park is or will be located. The application for a new mobile home park license shall be accompanied by 10 copies of the park site plan and other information necessary to ensure compliance with this chapter.

N. License revocation and suspension. The Village Board may revoke or suspend a license after a hearing is held in accordance with § 66.0435(2)(d), Wis. Stats.

O. Inspection. An annual sanitary survey (inspection) shall be conducted by the Building Inspector in accordance with § SPS 326, Manufactured Home Communities, Wis. Adm. Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 580-34 Floodplain development.

A. Findings. The uncontrolled use of the floodplains, rivers or streams of the Village of Combined Locks adversely affects the public health, safety, convenience and general welfare.

B. Intent. The floodplain regulations are intended to provide a uniform basis for the preparation, implementation and administration of sound floodplain regulations to protect life, health and property; minimize expenditures of public monies for costly flood control projects; minimize rescue and relief efforts generally undertaken at the expense of the general public; minimize business interruptions; minimize damage to public facilities on the floodplain such as water mains, sewer lines, streets and bridges; minimize the occurrence of future flood blight areas on floodplains; and discourage the victimization of unwary land and home buyers.

C. Special provisions for floodways. No development shall be allowed in floodway areas which, acting alone or in combination with existing or future similar uses, cause an increase equal to or greater than 0.1 foot in height of the regional flood for any main stem, tributaries to the main stream, drainage ditches, or any other drainage facilities. Said increase shall be calculated using an equal degree of hydraulic encroachment from the hydraulic floodway lines for a hydraulic reach on both sides of a river or stream. Increases equal to or greater than 0.1 foot may be permitted, but only if amendments are made to this section, the official floodway lines, water surface profile and floodplain Zoning Maps pursuant to Article XIII of this chapter; provided, further, that the total cumulative allowable increase reach of a stream shall not exceed one foot.

D. Special provisions for flood fringe areas. No developments in flood fringe areas shall materially affect the storage capacity of floodplains, based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost). For the purpose of this subsection, "materially" is defined as any surface profile of 0.1 foot. Such developments may be permitted only if amendments are made to this section pursuant to Article V, Special Exceptions, and Article XIII, Changes and Amendments, herein; provided, further, that the total cumulative allowable increase in height of the regional flood for any given reach of a stream shall not exceed one foot.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

E. Procedures for determining floodway and flood fringe areas in the general floodplain district. When any developments are proposed within the General Floodplain District, a determination shall be made to establish the boundaries of the floodway and determine whether floodway or flood fringe uses apply, and, where applicable, to determine the regional flood elevation. Upon receiving an application for development, the Building Inspector shall:

(1) Require the applicant to submit, at the time of application, two copies of an aerial photograph or a plan which accurately locates the floodplain proposal with respect to the floodplain district limits, channel of stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures.

(2) Require the applicant to furnish any of the following additional information as it deemed necessary by the Department of Natural Resources for evaluation of the effects of the proposal upon flood flows and to determine the boundaries of the floodway and, where applicable, the regional flood elevation.

(a) A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high water information.

(b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site, location and elevations of streets, water supply, sanitary facilities, soil types and other pertinent information.

(c) Profile showing the slope of the bottom of the channel or flow line of the stream.

(d) Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities.

(3) Transmit one copy of the information described above to the Department of Natural Resources along with a written request to have that agency provide technical assistance to establish floodway boundaries and, where applicable, provide regional flood elevation.

F. Floodproofing. Floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area to withstand the flood velocities, forces and other factors associated with the flood protection elevation. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequately designed to protect to the flood protection elevation for the particular area. All floodproofing shall provide anchorage to resist flotation and lateral movement. Other floodproofing measures may include:

(1) Installation of watertight doors, bulkheads and shutters.

(2) Reinforcement of walls and floors to resist pressure.

(3) Use of paints, membranes or mortars to reduce seepage of water through walls.

(4) The above floodproofing measures shall insure that structural walls are watertight, which shall be the minimum standard for certification pursuant to Subsection F above.

(5) Addition of mass or weight to structures to prevent flotation.

(6) Placement of essential utilities above the flood protection elevation.

(7) Pumping facilities and/or subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures and to lower water levels in structures.

(8) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.

(9) Construction to resist rupture or collapse caused by water pressure of floating debris.

(10) Cutoff valves on sewer lines or the elimination or gravity flow basement drains.

G. Compliance. Compliance with the provisions of this section shall not be grounds for removal of lands from the floodplain district unless; such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district, approval has been granted by the Department of Natural Resources pursuant to Article XIII, Changes and Amendments, of this chapter and, where required, an official letter of map amendment has been issued by the Federal Insurance Administration.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

H. Warning and disclaimer of liability. The degree of flood protection intended to be provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodplain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage, nor shall this section create liability on the part of or a cause of action against the Village of Combined Locks or any officer or employee thereof for any flood damage that may result from reliance on this section.