A.
Districts, general. For the purpose of this chapter, the Town of
West Bend is hereby divided into five basic use districts as follows:
(1)
Residential district which is comprised of R-1N (Neighborhood Residential
District), R-1R (Rural Residential District), R-1S (Shoreland Residential
District), R-1S/MU (Shoreland Residential/Mixed-Use District), and
SRO Supplemental Residential Overlay District.
(2)
Business district which is comprised of B-1 (Commercial/Mixed/Use
District), B-2 (Commercial/Mixed/Use District), and SMCO Supplemental
Mixed Commercial Overlay District.
(3)
Industrial district which is comprised of M-1 (Industrial District)
and SMO Supplemental Manufacturing Overlay District.
(4)
Conservancy district which is comprised of C-1 (Conservancy District)
and C-2 (Conservancy Overlay District).
(5)
Park district which is comprised of P-1 (Public and Private Park
District) and SPRO Supplemental Park and Recreation Overlay District.
B.
Boundaries. The boundaries of these districts are hereby established
as shown on the map entitled "Town of West Bend Zoning Map," which
map accompanies and is hereby made a part of this chapter. Unless
otherwise noted on such Zoning Map, the boundaries shown on such map
shall be construed to follow corporate limits; U.S. Public Land Survey
lines; environmental features as designated and mapped by the Southeast
Wisconsin Regional Planning Commission (SEWRPC) or other designated
authorities; lot or property lines; center lines of streets, highways,
alleys, easements, and railroad rights-of-way or such lines extended.
C.
Vacation of streets. The vacation of public streets and alleys shall
cause the vacated land to be automatically placed in the same district
as the abutting side to which the vacated land reverts.
A certified copy of the map entitled "Town of West Bend Zoning
Map" shall be adopted and approved with the text as part of this chapter
and shall bear upon its face the attestation of the Town Chairperson
and Town Clerk and shall be available to the public in the office
of the Town Clerk. Changes, thereafter, to the zoning districts, shall
not become effective until entered and attested on the certified copy.
A.
Purpose and characteristics.
(1)
The R-1N Residential District is intended to provide for new or existing single-family residential uses in conservation developments or minor land divisions, existing single-family residential uses in conventional developments, and existing agricultural uses. Base density for the district, as defined in § 325-120, is one unit per 2.5 acres. Bonus density may be allowed as described in § 325-26F.
(2)
Conservation developments protect the existing character of an area
and allow for smaller residential lots clustered together. Conservation
developments also provide common open space linked throughout the
development. Such development is consistent with the Town's Comprehensive
Plan[1] goals, which include the preservation of the natural landscape
and quality of life as priorities in the future development of the
Town. New conventional developments may be allowable only as a conditional
use in this district.
B.
Permitted principal uses. Please refer to § 325-37.
(1)
Farms, agricultural uses, and agricultural structures existing at
the time of adoption of this chapter, including cultivation, harvesting,
and sale of crops and related farm products; raising and sale of livestock
of fowl, with associated pasture and barnyards orchards, nurseries,
greenhouses, and related horticultural uses.
C.
Permitted accessory uses.
(2)
Accessory structures in the rear yard, side yard, and secondary street
yard.
(4)
Accessory structures, excluding transitory structures, shall use
like materials and colors to those of the principal structure. Windows,
doors, and other architectural accoutrements shall compliment those
of the principal structure.
D.
(1)
Accessory structures in the street yard or primary street yard consistent with the requirements of § 325-52I(2).
E.
Design process and standards for conservation developments. The following
is the site design, review and approval process for conservation developments.
The site developer should follow the process listed below as well
as any additional requirements as deemed appropriate by the Zoning
Administrator or Plan Commission:
(1)
Create an environmental and cultural resources diagram for the site and surrounding area that identifies all existing environmental and cultural features and possible new common open space features (as defined in § 325-120) to be created on the site. The analysis must include all county, state, and federally protected areas such as wetlands, lakes and streams. A minimum of 30% common open space is required for all conservation developments.
(a)
Existing natural environmental and cultural features to be identified
and mapped, as applicable:
[1]
Primary environmental corridors, secondary environmental corridors,
and isolated natural resource areas [as identified by the Southeastern
Wisconsin Regional Planning Commission (SEWRPC)].
[2]
Environmental conservancy district areas as shown on the Land Use Plan Map in the Town Comprehensive Plan (defined in § 325-120).
[3]
Wetlands, including seventy-five-foot buffer along wetland edges.
[4]
Lakes and streams, including a seventy-five-foot buffer from
the ordinary high water mark.
[5]
One-hundred-year floodplains and floodways.
[6]
Drainage ways, including a twenty-five-foot buffer.
[7]
Depth to groundwater.
[8]
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture.
[9]
Site topography.
[10]
Geologic formations including rock outcroppings,
cliffs and glacial features such as eskers, kames, drumlins, and kettles.
[11]
Ridgelines and watershed boundaries.
[12]
Woodlands, as defined by SEWRPC.
[13]
Prairie habitat areas of rare species and natural
communities recorded in the Wisconsin Natural Heritage Inventory (NHI).
[14]
Class I, II, or III wildlife habitat areas identified
by SEWRPC.
[15]
Slopes of 12% or greater.
[16]
Prime agricultural land, as defined by SEWRPC.
[17]
Farmland contiguous to existing farmland in neighboring
parcels.
[18]
Farmstead clusters, including agriculturally related
outbuildings.
[19]
Historic buildings or structures identified by
the Wisconsin Architecture and History Inventory (WAHI) or other buildings
of local cultural significance.
[20]
Inventoried historic or prehistoric archeological
sites.
[21]
Existing roads, paving, buildings, utilities,
easements, boundaries, planned land uses and zoning on and adjacent
to the site.
[22]
Additional land conditions on and adjacent to
the property according to general land cover type, including cultivated
land, permanent grass land, meadow, pasture, prairie, hedgerows, etc.
(b)
Other possible areas to be created as common open space (See § 325-120, "common open space" definition for descriptions):
[1]
Countryside views.
[2]
Environmental preserves.
[3]
Environmental restoration.
[4]
Parkway landscapes.
[5]
Traditional farmsteads.
[6]
Cultivated fields and pastures.
[7]
Orchards.
[8]
Trail corridors and walkways.
[9]
Scenic drives.
[10]
Equestrian common open spaces and features.
[11]
Forestation areas.
[12]
Neighborhood parks and squares.
[13]
Play areas.
[14]
Landscaped boulevards.
[15]
Landscaped cul-de-sac islands.
[16]
Gateway features.
[17]
Ornamental and display gardens.
[18]
Community gardens and greenhouses.
[19]
Other significant common open space features.
(2)
Review the Environmental and Cultural Resources Diagram and visit
the site with Town representatives to evaluate important site features.
The Town may require that a qualified ecologist, engineer, or land
planner be included as part of the review.
(3)
Establish
an agreement between all parties as to what is valuable and should
be preserved and/or created.
(4)
Create a common open space diagram with items on the site to be preserved
and/or created for Plan Commission review and acceptance.
(5)
Present the common open space diagram to the Plan Commission for
review and finalization of which common open space features to preserve
and/or create.
(6)
Create three conceptual sketch diagrams using the accepted common
open space diagram in consultation with the Zoning Administrator and
other plan reviewers. All three sketch diagrams should retain the
agreed upon common open space features to the largest extent possible
and be acceptable development scenarios that the developer would be
willing to pursue if approved. The following development design criteria
should be used when creating the conservation development concepts:
(a)
Protect important existing environmental and cultural resources.
Protect all existing Town, county, state, and federally regulated
environmental and cultural resources and all other significant existing
environmental and cultural resources identified on the accepted common
open space diagram.
(b)
Integrate common open space features into the design.
[1]
Arrange the overall neighborhood design so as to create attractive
and meaningful recreational, scenic and gathering areas for general
public as well as the private development. Locate significant open
spaces so they can be enjoyed by all residents without intruding upon
the privacy of others. A minimum of 30% common open space is required
for all conservation developments.
[2]
Organize open space features so they feel like common areas
rather than mere extensions of the private lots. Place open spaces
so that they can be accessed by the entire neighborhood. Place significant
common spaces at the fronts or sides of properties and adjacent to
neighborhood roadways and link these common areas with trails and
pathways.
(c)
Locate houses to minimize disruption to the natural character.
[1]
Locate houses such that:
[a]
The houses are sited around open spaces that include
natural environmental areas, fields, woodlands, pastures, or farmland.
[b]
The houses are grouped together in ways that create
large, clear naturally landscaped areas between groups of houses.
[c]
The houses will be visually overshadowed by important
natural features such as woodlands, hedgerows, hills, or other key
features of the landscape.
[2]
Locate houses so as to minimize the length of time the house is visible to drivers on public roads. Do this by placing houses behind landscape elements or natural features that reduce visibility of the house. Minimize the degree to which houses are prominently featured on ridges and hilltops, especially when they are visible to other houses and the public roads. (See Article XI for specific landscape requirements for buffer areas.)
(d)
Preserve and integrate landscape elements. Try to make the groups
of houses seem like separate developments intertwined by a continuous
system of landscape elements and natural features. Use landscape elements
(fields, hedgerows, woodlands) as separations between groups of houses.
Landscape elements should include varied plant species and maintain
the natural, rural character of the Town. Naturalized landscape areas
(including berms) should not be mowed, except for the purpose of annual
maintenance.
(e)
Group houses together. Groupings of four to five units are preferable,
but larger groupings (perhaps as many as eight units) could be satisfactory
if there are larger open spaces and natural areas around and between
them.
(f)
Connect the landscaping. Extend and connect the existing natural
areas and environmental corridors with new plantings and landscaping
that match the existing plantings and landscape. Create continuous
landscape edges along public roads and between groups of houses using
mixtures of species that create a varied image as the seasons change.
(g)
Link trail systems. Link natural features between parcels with
a trail system which continues throughout the Town. Create features
of culs-de-sac. Minimize the use of culs-de-sac except where necessary
to preserve a natural feature. Include planting in the cul-de-sac
and create formal shapes to provide a front "green" for the surrounding
homes.
(h)
Road design. Design roads (and adjacent landscapes) so as to
minimize a) the number of houses that are seen from roads, and b)
the length of time houses are seen from the road. When houses are
visible from roads, try to create compact groups with clear open or
natural areas between the groups. Where feasible, design roads with
straight alignments that are aimed at natural vistas with no buildings
in them. Use curves to slow traffic naturally, rather than to accommodate
increased speed.
(i)
Include scenic drives. Encourage the creation of scenic drives
where houses are located only on one side of a road and natural landscapes
are preserved on the other side. Preserve existing scenic drives in
order to protect the natural character of the neighborhood.
(j)
Create walking and hiking trails. Create walking and hiking
trails that are adjacent to public roads and act as buffers to residential
uses. Integrate walking and hiking trails with the geometry and pattern
of roads.
(7)
Provide the three conceptual sketch diagrams to the Plan Commission
for review and possible conceptual approval. The Plan Commission may
evaluate these alternatives according to the following criteria:
(a)
The degree to which the common open space diagram has been integrated
into the overall site design.
(b)
The degree to which the conservation development design criteria
have been integrated into the overall site design.
(c)
The degree to which the site design conforms to the dimensional
and minimum open space requirements and allowable number of units
as described in this section.
(8)
The Plan Commission shall review the three conceptual sketch diagrams
and take one of the following actions:
(a)
Approve one of the three conceptual sketch diagrams as presented.
(b)
Approve one of the three conceptual sketch diagrams with conditions.
The applicant shall make appropriate revisions and present a revised
diagram to the Plan Commission.
(c)
Deny approval of all three conceptual sketch diagrams. The applicant
may develop additional concepts for Plan Commission review.
(9)
Prepare preliminary and final plats for Town approval based on the
approved conceptual sketch diagram. Work with the Zoning Administrator
and reviewers to translate approved conservation development design
into final plans.
F.
Calculation of allowable number of units in conservation developments.
To determine the allowable number of units, the following steps shall
be taken:
(1)
Determine the total acreage of the site.
(2)
Determine the total acreage of common open space to be preserved
or created as agreed upon during the design process. A minimum of
30% common open space is required for all conservation developments.
One additional unit will be awarded for every 2.5 acres of designated
common open space preserved or created beyond the 30% minimum common
open space.
(3)
Add the total acreage of the site to the additional acreage of common
open space to be saved beyond the 30% minimum required. Divide this
number by 2.5 (acres) to determine the allowable number of units on
the site.
(a)
Use the following formula for calculating the allowable number
units:
|
Allowable Number of Units = Total Site Area + Additional Common
Open Space Area Saved (>30%) ÷ 2.5
|
(b)
Example:
|
Total site area = 100 acres
|
|
Required 30% common open space area to be saved = 30 acres
|
|
Additional common open space area to be saved beyond 30% = 15
acres
|
|
Total common open space area to be saved = 45 acres
|
|
Allowable number of units = (100 + 15)/2.5 = 46 units
|
|
Note: This represents a "bonus" of six units for the additional
15 acres of common open space area saved.
|
(c)
The following table gives the range of the allowable number
of units for a 100-acre parcel:
|
Total Site Area (acres)
|
100
| ||||||||||
|
Common open space area saved in acres
|
>50
|
50.0
|
47.5
|
45.0
|
42.5
|
40.0
|
37.5
|
35.0
|
32.5
|
30.0
|
30% min. common open space
|
|
Maximum allowable number of units
|
*
|
48
|
47
|
46
|
45
|
44
|
43
|
42
|
41
|
40
| |
|
*
|
Preserving beyond 50 acres would be permissible, but the number
of lots possible is restricted by the amount of acreage available.
|
|
Note: The total number of buildable units that are feasible
on any parcel will vary depending on several factors, including but
not limited to the following: the location and size of wetlands, streams
or lakes, soil type, site topography, average lot size, total road
area, and general creativity of the designer. When calculations yield
numbers with decimals, the allowable number of units shall be rounded
down to the nearest whole number.
| |
G.
R-1N conservation development site dimensional standards.
|
Lot
|
Width minimum
|
120 feet(1)(2)
| |
|
Area minimum
|
1 acre(3)
| ||
|
Principal structure
|
Area minimum
|
1,500 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Accessory structures
|
Area maximum (Combined total for all accessory structures excluding
transitory structures)
|
Parcels less than 1 acre in size
|
864 square feet
|
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
| ||
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(4)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
25 feet
| ||
|
Shore
|
75 feet(5)
| ||
|
Street
|
40 feet(6)
| ||
|
Street
|
40 feet
| ||
|
Minimum setbacks for principal structure
|
Side
|
25 feet
| |
|
Rear
|
40 feet
| ||
|
Shore
|
75 feet
| ||
|
Minimum setbacks of lot groups
|
From external arterial street rights-of-way
|
100 feet
| |
|
From scenic roads
|
100 feet
| ||
|
From all other external street rights-of-way
|
50 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
|
(5)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
|
(6)
|
Accessory structures located in the street yard or primary street
yard require a conditional use permit.
|
H.
R-1N existing conventional development and minor land division site
dimensional standards.
|
Lot
|
Width minimum
|
120 feet(1)(2)
| |
|
Area minimum
|
1.5 acres(3)
| ||
|
Principal structure
|
Area minimum
|
1,500 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Accessory structures
|
Area maximum (Combined total for all accessory structures excluding
transitory structures)
|
Parcels less than 1 acre in size
|
864 square feet
|
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
| ||
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(4)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
25 feet
| ||
|
Shore
|
75 feet(5)
| ||
|
Street
|
50 feet(6)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
50 feet
| |
|
Side
|
25 feet
| ||
|
Rear
|
50 feet
| ||
|
Shore
|
75 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
|
(5)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
|
(6)
|
Accessory structures located in the street yard or primary street
yard require a conditional use permit.
|
I.
Ownership of common facilities and common open space in conservation
type developments. The following methods may be used, either individually
or in combination, to own common facilities and common open space:
(1)
Homeowners' association. Common facilities and open space shall be
held in common ownership as undivided proportionate interests by the
members of the association. The homeowners' association shall be governed
according to the following:
(a)
The applicant shall provide to the Town a description of the
organization, including its bylaws, and all documents governing maintenance
requirements and use restrictions for the common areas.
(b)
Membership in the association shall be mandatory for all purchasers
of lots.
(c)
The members of the association shall share equitably the costs
of maintaining and operating the common facilities and common space.
(d)
The association shall have or hire adequate staff to maintain
the common facilities and common space.
(e)
The association is responsible for the maintenance of the common
facilities and open space. In the event the association does not maintain
the common properties, the Town may maintain or have the common properties
maintained and assess the association members as necessary.
(f)
The association shall hold a conservation easement or deed restriction
on the common open space land and common facilities to protect them
from development.
(g)
The association shall provide for proper maintenance of shared
septic systems and common open space areas, including, but not limited
to, review of installation and ongoing repair, modification and maintenance.
(h)
The Town shall have the authority to special assess landowners
for the preservation, restoration, or maintenance of shared septic
systems and common open space features which are deemed by the Town
Board to be noxious, hazardous, or a nuisance to the general public
welfare.
(2)
Transfer of ownership.
(a)
Transfer of easements to a private or public conservation organization
is acceptable if approved by the Town Board.
(b)
Ownership may be retained by the original landowner if the Town
and residents of the development hold conservation easements on the
land, protecting it from any further development.
(3)
Leasing of conservation land. Common open space land may be leased
to another person or entity for the use, operation and maintenance
if it is approved by the Town Board, and provided that:
(a)
The residents of the development shall have access to the leased
lands at all times, except in the case of lease of agricultural purposes,
in which case the residents, with their agreement, may be restricted
from accessing the land.
(b)
The land to be leased shall remain as mainly undeveloped open
space, whose character and uses are compatible with the overall goals
and rural character of the Town and this chapter.
(c)
Lease agreements shall be recorded in the office of the County
Register of Deeds within 30 days of execution, and a copy shall be
provided to the Town of West Bend.
(4)
Land stewardship plan.
(a)
A land stewardship plan shall be prepared by a qualified landscape
architect or ecologist describing the restoration, preservation and
maintenance goals and methods for all common open space areas and
features.
(b)
The land stewardship plan goals and methods should be implemented
by a qualified landscape or ecological restoration organization.
(c)
The land stewardship plan must, at minimum, be updated every
five years to reflect changing conditions.
(d)
Copies of the original and updated land stewardship plans shall
be provided to the Town.
(e)
In the event the association does not implement and/or update
the land stewardship plan, the Town will implement and/or update the
plan and assess the association and/or association members as necessary.
(5)
Rezoning. Common open space land may be rezoned to the P-1 Public
and Private Park District, provided it is desired by the landowners
and approved by the Town Board.
J.
Minor land division.
(1)
Parcels containing at least five acres at the time of a minor land division may be so divided into one or more single lots of 1.5 acres' minimum size, with a density not to exceed one unit per 2.5 acres, by a certified survey map (CSM) complying with Chapter 310, Subdivision and Land Development, and Ch. 236, Wis. Stats.
(2)
As part of the land division approval process, the applicant shall identify and map all existing site and adjacent natural environmental and cultural features as listed in § 325-26E(1). To the greatest extent possible, those significant environmental and cultural resources identified for preservation by the Plan Commission and Town Board or other relevant sections of this chapter or other ordinances shall be protected during any subsequent land division, development, or construction activities.
(3)
That area of land that is located within the Environmental Conservancy District (see § 325-120 for definition) shall be excluded from the density calculation. (Note: Approximate locations of these areas are shown for reference in the Town's Comprehensive Plan as "environmental conservancy districts.")
(4)
A prior minor land division of an original parcel under this subsection
may be modified, provided that all of the following conditions are
met:
(a)
All lots created from the original parcel shall collectively
meet the required density calculation.
(b)
The certified survey map modifying the division depicts as parcels
the new lot(s) and all of the original parcel, and clearly states
the density calculation illustrating the total number of lots that
may be created from the original parcel.
(5)
Certified survey maps shall be recorded in the Washington County Registry currently located in the office of the Register of Deeds of Washington County, Wisconsin, and a notation shall be made on the Zoning Map maintained under § 325-25, cross referenced to a statement on the face of the CSM: "Density Limits, see CSM."
K.
Impervious surface area. The maximum impervious surface area on a
lot located outside of a designated shoreland zoning area shall be
20%.
A.
Purpose and characteristics.
(1)
The R-1R Rural Residential District is primarily intended to provide for new or existing single-family residential uses in conservation developments or minor land divisions, existing single-family residential uses in conventional developments and existing agricultural uses. Base density for the district, as defined in § 325-120, shall be one unit per 3.5 acres. Bonus density may be allowed as described in Subsection F of this § 325-27.
(2)
Conservation developments protect the existing character of an area,
and allow for smaller residential lots clustered together. Conservation
developments also provide common open space linked throughout the
area. Such development is consistent with the Town's Comprehensive
Plan goals, which include the preservation of the natural landscape
and quality of life as priorities in the future development of the
Town. New conventional developments via subdivision plats may be allowable
only as a conditional use in this district.
B.
Permitted principal uses. Please refer to § 325-37.
(1)
Farms, agricultural uses, and agricultural structures existing at
the time of adoption of this chapter, including cultivation, harvesting,
and sale of crops and related farm products; raising and sale of livestock
of fowl, with associated pasture and barnyards orchards, nurseries,
greenhouses, and related horticultural uses.
C.
Permitted accessory uses.
(2)
Accessory structures in the rear yard, side yard, and secondary street
yard.
(4)
Accessory structures, excluding transitory structures, shall use
like materials and colors to those of the principal structure. Windows,
doors, and other architectural accoutrements shall complement those
of the principal structure.
D.
(1)
Accessory structures in the street yard or primary street yard consistent with the requirements of § 325-52I(2).
F.
Calculation of allowable number of units in conservation developments.
To determine the allowable number of units, the following steps shall
be taken:
(1)
Determine the total acreage of the site.
(2)
Determine the total acreage of common open space to be preserved
or created as agreed upon during the design process. A minimum of
30% common open space is required for all conservation developments.
One additional unit will be awarded for every 3.5 acres of designated
common open space preserved or created beyond the 30% minimum common
open space.
(3)
Add the total acreage of the site to the additional acreage of common
open space to be saved beyond the 30% minimum required. Divide this
number by 3.5 (acres) to determine the allowable number of units on
the site.
(a)
Use the following formula for calculating the allowable number
units:
|
Allowable Number of Units = Total Site Area + Additional Common
Open Space Area Saved (>30%) ÷ 3.5
|
(b)
Example:
|
Total site area = 100 acres
|
|
Required 30% common open space area to be saved = 30 acres
|
|
Additional common open space area to be saved beyond 30% = 15
acres
|
|
Total common open space area to be saved = 45 acres
|
|
Allowable number of units = (100 + 15)/3.5 = 32 units
|
|
Note: This represents a "bonus" of four units for the additional
15 acres of common open space area saved.
|
(c)
The following table gives the range of allowable number of units
for a 100-acre parcel:
|
Total Site Area (acres)
|
100
| ||||||||||
|
Common open space area saved in areas
|
>50
|
50.0
|
47.5
|
45.0
|
42.5
|
40.0
|
37.5
|
35.0
|
32.5
|
30.0
|
30% min. common open space
|
|
Maximum allowable number of units
|
*
|
34
|
33
|
32
|
32
|
31
|
30
|
30
|
29
|
28
| |
|
*
|
Preserving beyond 50 acres would be permissible, but the number
of lots possible is restricted by the amount of acreage available.
|
|
Note: The total number of buildable units that are feasible
on any parcel will vary depending on several factors including but
not limited to the following the location and size of wetlands, streams
or lakes, soil type, site topography, average lot size, total road
area, and general creativity of the designer. When calculations yield
numbers with decimals, the allowable number of units shall be rounded
down to the nearest whole number.
|
G.
R-1R conservation development site dimensional standards.
|
Lot
|
Width minimum
|
120 feet(1)(2)
| |
|
Area minimum
|
1 acre(3)
| ||
|
Principal structure
|
Area minimum
|
1,500 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Parcels less than 1 acre in size
|
864 square feet
| ||
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Accessory structures
|
Area maximum (Combined total for all accessory structures excluding
transitory structures)
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
|
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(4)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
25 feet
| ||
|
Shore
|
75 feet(5)
| ||
|
Street
|
40 feet(6)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
40 feet
| |
|
Side
|
30 feet
| ||
|
Rear
|
40 feet
| ||
|
Shore
|
75 feet
| ||
|
Minimum setbacks of lot groups
|
From external arterial street rights-of-way
|
100 feet
| |
|
From scenic roads
|
100 feet
| ||
|
From all other external street rights-of-way
|
50 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
|
(5)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
|
(6)
|
Accessory structures located in the street yard or primary street
yard require a conditional use permit.
|
H.
R-1R existing conventional development and minor land division site
dimensional standards.
|
Lot
|
Width minimum
|
120 feet (1)(2)
| |
|
Area minimum
|
2.5 acres(3)
| ||
|
Principal structure
|
Area minimum
|
1,500 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Parcels less than 1 acre in size
|
864 square feet
| ||
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Accessory structures
|
Area maximum (Combined total for all accessory structures excluding
transitory structures)
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
|
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(4)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
| ||
|
Side and rear
|
10 feet
| ||
|
Shore
|
75 feet(5)
| ||
|
Street
|
40 feet(6)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
50 feet
| |
|
Side
|
30 feet
| ||
|
Rear
|
50 feet
| ||
|
Shore
|
75 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
|
(5)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
|
(6)
|
Accessory structures located in the street yard or primary street
yard require a conditional use permit.
|
I.
Ownership of common facilities and common open space. Please refer to § 325-26I for ownership of common facilities and common open space.
K.
Impervious surface area. The maximum impervious surface area on a
lot located outside a designated shoreland zoning area shall be 20%.
A.
Purpose and characteristics. The R-1S Shoreland Residential District
is primarily intended to provide for single-family residential uses
within the three historic lake communities of the Town. These areas
are composed of properties both on and off of the lakeshore, some
of which have been in existence for many years prior to the adoption
of this chapter. The intention of this district is to preserve the
existing lakeside charm and appeal of these communities, protect the
water quality of the lakes and allow property owners to maintain and
improve their properties. To that end there are several requirements
and recommendations for building and site work within the district.
B.
Lot types.
(1)
The district is comprised of existing lots in a variety of irregular
sizes and configurations that were platted prior to the existence
of zoning standards and that in many cases do not meet current dimensional
standards.
(2)
For the purposes of this district, lots that were a lot of record
with the Washington County Register of Deeds on April 1, 1986, are
considered "existing lots." In addition, lots that were subsequently
altered by the combination of or addition to those existing lots by
certified survey map, metes and bounds description, or other approved
method shall be considered existing lots for the purpose of this section.
In no case can the combined or altered existing lots result in a lot
of reduced lot area or lot width unless the resulting lot meets the
current standards for "new lots" under this section.
(3)
Lots that were created out of larger parcels and that were recorded
after April 1, 1986, are considered "new lots." The standards for
each of these categories of lots are given in this section and in
other relevant sections of this chapter.
(4)
Also, for the purposes of this district "lakeshore lots" are those
lots which have at least one shore yard frontage.
(5)
In addition, any principal and accessory structures present on existing
lots as of April 1, 1986, are considered to be conforming structures.
Structures built or structurally altered after that date must conform
to standards of this district and other standards of this chapter
or an approved conditional use permit.
C.
Permitted principal uses. Please refer to § 325-37.
(1)
Farms, agricultural uses, and agricultural structures existing at
the time of adoption of this chapter, including cultivation, harvesting,
and sale of crops and related farm products; raising and sale of livestock
of fowl, with associated pasture and barnyards orchards, nurseries,
greenhouses, and related horticultural uses.
D.
Permitted accessory uses.
(2)
Accessory structures in the rear yard, side yard, and street yard.
(4)
No other accessory structures shall be erected in the shore yard
after January 1, 2010.
(5)
Accessory structures, excluding transitory structures, shall use
like materials and colors to those of the principal structure. Windows,
doors, and other architectural accoutrements shall complement those
of the principal structure.
F.
Limitations. In addition to the Town Code, refer to federal, state,
and county ordinances that regulate land and structures around wetlands
and water bodies.
G.
R-1S site dimensional standards - existing lots.
|
Lot
|
Width minimum
|
Average of 65 feet for sewered lots and average of 100 feet
for unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm.
Code(1)
| |
|
Area minimum
|
10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm. Code
| ||
|
Principal structure
|
Area minimum
|
Total: 1,200 square feet
1st floor: 600 square feet
| |
|
Height maximum (Lakeshore lots < 50
feet in width)
|
25 feet
| ||
|
Height maximum (all other existing lots)
|
35 feet
| ||
|
Accessory structure
|
Area maximum (combined total for all accessory structure excluding
transitory structures)
|
Parcels less than 1 acres in size
|
864 square feet
|
|
Parcels 1 acres to 1.99 acres in size
|
1,200 square feet
| ||
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
| ||
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(2)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
7 feet
| ||
|
Shore
|
75 feet(3)
| ||
|
Street
|
25 feet(1)(4)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
25 feet
| |
|
Side
|
7 feet
| ||
|
Rear
|
25 feet
| ||
|
Shore
|
75 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
See Article VII for modifications.
|
|
(3)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
H.
R-1S site dimensional standards - new lots.
|
Lot
|
Width minimum
|
Average of 65 feet for sewered lots and average of 100 feet
for unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm.
Code(1)
| |
|
Area minimum
|
10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm. Code
| ||
|
Principal structure
|
Area minimum
|
Total: 1,200 square feet
1st floor: 950 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Accessory structure
|
Area maximum (combined total for all accessory structures excluding
transitory structures)
|
Parcels less than 1 acres in size
|
864 square feet
|
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
| ||
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(2)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
10 feet
| ||
|
Shore
|
75 feet(3)
| ||
|
Secondary street
|
50 feet(4)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
50 feet
| |
|
Side
|
25 feet
| ||
|
Rear
|
25 feet
| ||
|
Shore
|
75 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
See Article VII for modifications.
|
|
(3)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
A.
Purpose and characteristics.
(1)
The Shoreland Residential/Mixed Use District consists of shoreland
uses that are contained within the historic lakeshore community, including
rental cottages, lodging accommodation, hotel rooms, tavern and/or
restaurant facilities, or owner-occupied housing operated in a long-standing,
uninterrupted manner as businesses licensed by the State of Wisconsin,
Department of Agriculture, Trade and Consumer Protection, pursuant
to Ch. 97, Wis. Stats., and Chs. ATCP 72 and 75, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
This district is comprised of properties both on and off of the lakeshore
that have been in existence for many years prior to the adoption of
this chapter. The intention of this district is to allow the continued
operation of these long-standing resorts, protect the character of
surrounding residential neighborhoods, protect the aesthetic and environmental
quality of the lakes, while still allowing property owners to adequately
maintain and improve their current operations. To that end, there
are several requirements and recommendations for building and site
work within the district. These standards are given in this section
and in other sections of this chapter.
(3)
New properties shall not be rezoned into this district unless they
are an expansion of an existing use or business in the R-1S/MU District
as of the adoption date, and it can be shown that in doing so adjacent
landowners and the community as a whole are not adversely impacted
by the rezoning. In addition, there should be no major redevelopment
of the existing properties that would substantially increase the intensity
or use of the existing business enterprises.
(4)
Principal and accessory structures present as of April 1, 1986, are
considered to be conforming structures. Structures built or structurally
altered after that date must conform to standards of this district
and other standards of this chapter or an approved conditional use
permit.
B.
Permitted principal uses. Please refer to § 325-37.
(1)
Farms, agricultural uses, and agricultural structures existing at
the time of adoption of this chapter, including cultivation, harvesting,
and sale of crops and related farm products; raising and sale of livestock
of fowl, with associated pasture and barnyards, orchards, nurseries,
greenhouses, and related horticultural uses.
(2)
Shoreland uses operated in a long-standing, uninterrupted manner
as licensed businesses, consistent with relevant state statutes, including:
rental cottages, lodging accommodation, hotel rooms, taverns and/or
restaurant facilities.
C.
Permitted accessory uses.
(2)
Accessory structures in the rear yard, side yard, and secondary street
yard.
(4)
No other accessory structures shall be erected in the shore yard
after January 1, 2010.
(5)
Accessory structures, excluding transitory structures, shall use
like materials and colors to those of the principal structure. Windows,
doors, and other architectural accoutrements shall compliment those
of the principal structure.
D.
(1)
Accessory structures in the street yard or primary street yard consistent with the requirements of § 325-52I(2).
E.
Limitations. In addition to the Town Code, refer to federal, state,
and county ordinances that regulate land and structures around wetlands
and water bodies.
F.
R-1S/MU site dimensional standards.
|
Lot
|
Width minimum
|
Average of 65 feet for sewered lots and average of 100 feet
for unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm.
Code (1)
| |
|
Area minimum
|
10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots, as per § NR 115.05(1)(a)1, Wis. Adm. Code
| ||
|
Principal structure
|
Area minimum
|
Total: 1,200 square feet 1st floor: 600 square feet
| |
|
Height maximum
|
35 feet
| ||
|
Accessory structure
|
Area maximum (combined total for all accessory structures excluding
transitory structures)
|
Parcels less than 1 acre in size
|
864 square feet
|
|
Parcels 1 acre to 1.99 acres in size
|
1,200 square feet
| ||
|
Parcels 2 acres to 2.99 acres in size
|
1,400 square feet
| ||
|
Parcels 3 acres to 4.99 acres in size
|
1,600 square feet
| ||
|
Parcels 5 acres to 6.99 acres in size
|
2,000 square feet
| ||
|
Parcels 7 acres in size and larger
|
7,000 square feet, with no single structure larger than 2,000
square feet
| ||
|
Height maximum
|
20 feet(2)
| ||
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
| |
|
Side and rear
|
Existing setback
| ||
|
Shore
|
75 feet(3)
| ||
|
Street
|
75 feet(4)
| ||
|
Minimum setbacks for principal structure
|
Street or primary street
|
25 feet
| |
|
Side
|
10 feet
| ||
|
Rear
|
25 feet
| ||
|
Shore
|
75 feet
| ||
|
(1)
|
Measured at the setback.
|
|
(2)
|
See Article VII for modifications.
|
|
(3)
|
Only gazebo accessory structures are permitted in the shore
yard.
|
|
(4)
|
Accessory structures located in the street yard or primary street
yard require a conditional use permit.
|
A.
Purpose and characteristics. The B-1 Commercial/Mixed-Use District
is intended to provide for the orderly and attractive business development
in appropriate locations along arterial highways in the Town, which
can provide the necessary infrastructure and services. The B-1 Commercial/Mixed-Use
District is also intended to provide for business and commercial service
establishments which serve the general retail needs of the Town, as
well as establishments which are locally related to and dependent
upon highway traffic or designed to serve the needs of such traffic.
Such business development should provide ample off-street parking
and loading areas, safe vehicular access to the arterial highway system,
landscaping and development character and intensity of use, which
is compatible with the rural character of the Town.
E.
B-1 Site dimensional standards.
|
Lot
|
Width minimum
|
150 feet(1)(2)
|
|
Area minimum
|
2 acres(3)
| |
|
Principal structure
|
Area maximum (Footprint)
|
No maximum
|
|
Height maximum
|
35 feet
| |
|
Accessory structure
|
Area maximum
|
No maximum
|
|
Height maximum
|
15 feet(4)
| |
|
Minimum setbacks for accessory structure(4)
|
From principal structure
|
10 feet
|
|
Side and rear
|
25 feet
| |
|
Minimum setbacks for principal structure
|
Street
|
50 feet
|
|
Side
|
25 feet
| |
|
Rear
|
25 feet
| |
|
Shore
|
75 feet
|
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
F.
Impervious surface area. The maximum impervious surface area on a
lot located outside of a designated shoreland zoning area shall be
50%.
A.
Purpose and characteristics. The B-2 Commercial/Mixed-Use District
is intended to provide for orderly and attractive business development
in appropriate locations which are compatible with residential development
and does not exhibit intense activity of other business districts.
The B-2 Commercial/Mixed-Use District is also intended to provide
for business and customer service establishments which serve the general
retail needs of the Town. Such business development should provide
ample off-street parking and loading areas, safe vehicular access
to the arterial highway system, landscaping and development character
and intensity of use, which is compatible with the rural character
of the Town.
E.
B-2 site dimensional standards.
|
Lot
|
Width minimum
|
100 feet(1)(2)
|
|
Area minimum
|
1 acre(3)
| |
|
Principal structure
|
Area maximum (footprint)
|
No maximum
|
|
Height maximum
|
35 feet
| |
|
Accessory structure
|
Area maximum
|
No maximum
|
|
Height maximum
|
15 feet(4)
| |
|
Minimum setbacks for accessory structure(4)
|
From principal structure
|
10 feet
|
|
Side and rear
|
25 feet
| |
|
Minimum setbacks for principal structure
|
Street
|
50 feet
|
|
Side
|
25 feet
| |
|
Rear
|
25 feet
| |
|
Shore
|
75 feet
|
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
F.
Impervious surface area. The maximum impervious surface area on a
lot located outside a designated shoreland zoning area shall be 50%.
A.
Purpose and characteristics. The M-1 Industrial District is intended
to provide for the orderly development of manufacturing or industrial
operations which on the basis of actual physical and operational characteristics
would not be detrimental to the surrounding area or to the Town as
a whole by reason of smoke, noise, dust, odor, traffic, physical appearance,
or other similar factors; and to establish such regulatory controls
as will reasonably ensure compatibility with the surrounding area
in this respect. Uses which are generally perceived as being of a
nuisance nature or considered to be a hazard to human life should
not be permitted as a matter of right, but permitted only as conditional
uses after careful study and review. Listed conditional uses should
not normally abut directly upon residential districts.
B.
Permitted principal uses. Please refer to § 325-37.
(1)
Processing of materials including abrasives, acetylene, alkalis,
bottling of alcohol beverages, bottling and packaging of chemicals,
building materials, cement products, cereals, charcoal packaging,
food products, fuel, furs, grains, hair products, ice, lime products,
meat (excluding slaughtering and confinement), oil cloth, and plaster
of paris.
E.
M-1 site dimensional standards.
|
Lot
|
Width minimum
|
125 feet(1)(2)
|
|
Area minimum
|
1 acre(3)
| |
|
Principal structure
|
Area maximum
|
No maximum
|
|
Height maximum
|
45 feet
| |
|
Accessory structures
|
Area maximum
|
No maximum
|
|
Height maximum
|
15 feet(4)
| |
|
Minimum setbacks for accessory structure(4)
|
From principal structure
|
10 feet
|
|
Side and rear
|
25 feet
| |
|
Minimum setbacks for principal structure
|
Street
|
50 feet
|
|
Side
|
25 feet
| |
|
Rear
|
25 feet
| |
|
Shore
|
75 feet
|
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
|
(4)
|
See Article VII for modifications.
|
F.
Impervious surface area. The maximum impervious surface area on a
lot located outside a designated shoreland zoning area shall be 75%.
A.
Purpose and characteristics.
(1)
The C-1 Conservancy District is intended to preserve, protect, and
enhance the lakes, ponds, streams, and wetland areas of the Town of
West Bend. The preservation, protection, and enhancement of these
areas will serve to maintain safe and healthful conditions; maintain
and improve water quality, both ground and surface; prevent flood
damage; control stormwater runoff; protect stream banks from erosion;
protect groundwater recharge and discharge areas; protect wildlife
habitat; protect native plant communities; avoid the location of structures
on soils which are generally not suitable for use; and protect the
water-based recreation resources of the Town.
(2)
While the primary purpose of the district is the preservation of
sensitive environmental features within the Town; it is also intended
that landowners be allowed to continue their legal single-family residential
uses and maintain, remodel, or rebuild their legal structures and
lots within limits of their existing footprint and not greater than
their existing height.
(3)
Significant rebuilding may only be allowed if it can be shown that
the uses, structures and lots existed on or before April 1, 1986,
and it is further determined that the residential uses and structures
do not harm or threaten the health, safety, or general welfare of
the public and do not otherwise cause damage to, infringe upon, or
diminish the quality of the surrounding environmentally sensitive
areas, features, or other physical attributes that contribute to the
natural environmental qualities of the area.
(4)
The intention is to allow the maintenance and rebuilding of existing
structures, provided that such changes do not change the structures
or developed yard areas in a manner that occupies an area other than
the area occupied on or before April 1, 1986. All such principal and
accessory uses are considered conditional uses in the C-1 District
and all significant structural alterations, rebuilding or site work
of these structures requires the issuance of a conditional use permit.
E.
Structures.
(1)
None permitted, except those accessory to a public fish hatchery
or those principal or accessory structures that existed on or before
April 1, 1986, and that do not harm or threaten the health, safety,
or general welfare of the public and do not otherwise cause damage
to the surrounding environmentally sensitive areas or do not exist
on or further infringe on those areas not suitable for the use or
structures or that meet the criteria of a conditional use permit.
(2)
No on-site soil-absorption sanitary-sewerage system or private well
used to obtain water for ultimate human consumption shall be constructed
in the C-1 Conservancy District except those that can safely exist
in support of an existing use or structure.
F.
Limitations. In addition to the Town Code, refer to federal, state,
and county ordinances that regulate structures and land around wetlands
and water bodies.
K.
Tree cutting and shrubbery clearing prohibited.
(1)
Lands lying within the C-1 Conservancy District shall not be clear-cut
of trees, shrubbery, or underbrush.
(2)
No more than 5% of the natural vegetation shall be removed from a
parcel unless otherwise approved by the Plan Commission.
(3)
Normal minor pruning, trimming, and shearing of vegetation; removal
of dead, diseased, insect-infested vegetation; and silvicultural thinning,
conducted under the recommendation of a professional forester, shall
be exempt from this restriction.
A.
Purpose and characteristics.
(1)
The C-2 Conservancy Overlay District is intended to preserve, protect
and limit further development of those areas of the Town of West Bend
that are designated "Environmental Conservancy (EC)" by the Cooperative
Boundary Plan between the City of West Bend and the Town of West Bend,
adopted October 21, 2001.
(2)
Existing permitted, accessory, and conditional uses of the underlying
zoning districts are allowed but no further division or more intensive
development of land through certified survey map (CSM), subdivisions
or condominiums shall be permitted within the C-2 Conservancy Overlay
District. Furthermore, no rezoning to a more intense underlying zoning
district is allowed within the C-2 Conservancy Overlay District. When
classified as C-2 Conservancy Overlay District the parcel or lot no
longer retains any rights for more intensive development as described
elsewhere in this chapter. The only allowable exceptions to these
site development restrictions are those particular development scenarios
described for specific properties as detailed in the Cooperative Boundary
Plan Section 4.9(A), "Special Land Use Regulations Within BAA (Boundary
Adjustment Areas) Areas."
(3)
The preservation and protection of the open space and environmental
features of these areas will serve to maintain the natural and rural
character of the Town envisioned in the Boundary Plan and the Town's
Comprehensive Plan, while preserving the landowners' right to continue
their existing uses and maintain, expand, or rebuild their existing
structures while also allowing them to build permitted new structures
on their existing lot or parcel.
C.
Conditional uses.
(2)
Those particular uses described for specific properties as detailed
in the Cooperative Boundary Plan Section 4.9(A), "Special Land Use
Regulations Within BAA Areas." Any such development is to follow standards
outlined in the underlying zoning districts and the Cooperative Boundary
Plan Section 4.9(A), "Special Land Use Regulations Within BAA Areas."
D.
Structures. Any permitted structures of the underlying zoning district.
E.
C-2 site dimensional standards. All dimensional standards of underlying
zoning district apply.
F.
Other review and performance standards. All other review and performance
standards of the underlying zoning district and this chapter apply.
G.
Tree cutting and shrubbery clearing prohibited. Lands lying within
the C-2 Conservancy Overlay District shall not be clear-cut of trees,
shrubbery, or underbrush. No more than 10% of the natural vegetation
shall be removed from a parcel unless otherwise approved by the Plan
Commission. Normal minor pruning, trimming, and shearing of vegetation;
removal of dead, diseased, insect-infested vegetation; and silvicultural
thinning, conducted under the recommendation of a professional forester,
shall be exempt from this restriction.
A.
Purpose and characteristics. The P-1 Public and Private Park District
is intended to provide areas where the park, recreational, and open
space needs, both public and private, of the Town of West Bend can
be met without undue disturbance or degradation of the natural resources
and uses of adjoining districts. In addition, the district is intended
to preserve and protect lands held by public interest groups, not-for-profit
organizations, institutions or recreational organizations. Land uses
within the district should promote planning and design which preserves
and protects the environmental, cultural, historic and recreational
resources and which recognizes that the natural environment is an
integral system to the basic activity of the land use. The district
allows for low-intensity improvements that support the purpose of
the organizations or land use and also preserves or enhances the rural,
recreational and environmental character of the Town of West Bend.
B.
Permitted uses.
(2)
Park structures and park-related facilities include arboretums; bath
houses/showers and locker rooms; caretaker residences; challenge courses;
clubhouses; equipment storage structures including barns; gazebos,
pavilions, and shelters; maintenance buildings; on-site soil-absorption
sanitary-sewerage systems, vault latrines, shower houses, grease traps;
outdoor ice skating; picnic areas; playgrounds; recreation trails
and associated accoutrements; restroom facilities; sledding; sports
fields; swimming beaches; and public swimming pools (indoor and outdoor).
(3)
All of the permitted uses described in the C-1 Conservancy District.
E.
Limitations. In addition to the Town Code, refer to federal, state,
and county ordinances that regulate the land and structures in and
around water bodies.
F.
P-1 site dimensional standards.
|
Lot
|
Width minimum
|
No minimum(1)(2)
|
|
Area minimum
|
No minimum(3)
| |
|
Principal structure
|
Area minimum
|
No minimum
|
|
Height maximum
|
35 feet
| |
|
Accessory structure
|
Area maximum (combined total for all accessory structures)
|
No maximum
|
|
Height maximum
|
35 feet
| |
|
Minimum setbacks for accessory structure
|
From principal structure
|
10 feet
|
|
Street
|
25 feet
| |
|
Side and rear
|
10 feet
| |
|
Shore
|
75 feet
| |
|
Minimum setbacks for principal structure
|
Street
|
25 feet
|
|
Side
|
10 feet
| |
|
Rear
|
25 feet
| |
|
Shore
|
75 feet
|
|
(1)
|
Measured at the setback.
|
|
(2)
|
The minimum lot width for parcels located within 1,000 feet
of the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is an average of 65 feet for sewered lots and 100 feet for unsewered
lots.
|
|
(3)
|
The minimum lot area for parcels located within 1,000 feet of
the ordinary high water mark of a lake, pond or flowage or within
300 feet of the ordinary high water mark of a river or stream or to
the landward side of the floodplain, whichever distance is greater,
is 10,000 square feet for sewered lots and 20,000 square feet for
unsewered lots.
|
G.
Impervious surface area. The maximum impervious surface area on a
lot located outside a designated shoreland zoning area shall be 20%.
A.
General. An overlay district is a regulatory tool that creates a
separate zoning district, placed over an existing base zone or zones,
which identifies specific provisions in addition to those of the underlying
zoning district. The overlay district can share common boundaries
with the base zone or cut across base zone boundaries. Regulations
or incentives are attached to the overlay district to guide development.
B.
Purpose. The purpose of supplemental land use overlay districts is to provide for an additional level of review for permitted uses that have a greater potential for creating undesirable off-site impacts than other permitted uses within the underlying zoning district. The additional level of review shall be accomplished via the imposition of performance standards as described in § 325-36F below. The intent of these performance standards shall be to mitigate against adverse, off-site impacts and to protect the health, safety, quality of life, and property values of adjoining property owners.
C.
Overlay districts designated. The following overlay districts are
hereby designated in the Town of West Bend:
F.
Performance standards. The standards described herein are established
to ensure that the proposed use is compatible with the character of
uses on adjoining and abutting parcels within the underlying zoning
district. These performance standards are intended to compliment existing
standards for the underlying district. Should standards conflict,
the more stringent shall apply. These performance standards shall
be enforced for all overlay district uses as applicable.
(1)
Screening.
(a)
Screening shall be required for all uses permitted under a supplemental
land use overlay district.
(b)
The purpose of screening shall be to ensure sufficient visual
diminishment of the proposed use as viewed from adjoining parcels.
(c)
The type and extent of required screening shall be appropriate for the specific use as determined by the Plan Commission in consultation with the owner. Such screening may include, but is not necessarily limited to: fences, hedges, berms, and walls compliant with § 325-100.
(d)
Screening shall be required for side yards and rear yards only.
(2)
Lighting standards.
(a)
No exterior lighting used for parking lots, recreational facilities,
product display, or security shall interfere with the operation of
motor vehicles and uses of land in the vicinity of the light source.
These requirements shall not apply to lighting placed in a public
right-of-way for public safety.
(b)
Shielded luminaries, or luminaries with cutoff optics, and careful
fixture placement may be required so as to insure compliance with
this section.
(c)
All areas designated on approved site plans for vehicular parking,
loading, or circulation and used for any such purpose after sunset
shall provide artificial illumination in such areas at a minimum intensity
of 0.4 footcandles, exclusive of approved anti-vandal lighting. This
standard shall not apply to properties in the R-1N, R-1R and R-1S
Districts.
(d)
The intensity of illumination, measured at the property line,
shall not exceed 0.5 footcandle.
(e)
Light fixtures shall not be permitted within required rear yard
and side yard setbacks.
(f)
Lighting which creates or becomes a public nuisance is not permitted.
(g)
Access lighting and low voltage lighting of 12 volts or less
are exempt from these requirements.
(h)
All lighting fixtures approved prior to the adoption of this
chapter shall be treated as and regulated as legal nonconforming uses.
(3)
Noise. Noise standards shall be consistent with § 325-90 and shall be established based upon the land use of adjoining parcels.
(4)
Vibration. Vibration standards shall be consistent with § 325-93 and shall be established based upon the land use of adjoining parcels.
(5)
Glare. Uses that produce a glare, such as welding, shall be housed
within a structure to prevent it from becoming a nuisance to neighboring
properties. Glare in excess of 0.25 footcandle at the boundary line
is prohibited.
(6)
Heat. Any source of heat that creates a perceptible impact beyond
the lot line shall be prohibited.
(7)
Parking. The Plan Commission may require that traffic entering or
exiting off-street parking, loading, and traffic circulation areas
for any use providing six or more parking spaces, be in a forward-moving
motion with no backing into streets or pedestrianways. Such a requirement
shall be based upon traffic volumes of the street onto which traffic
enters or exits.
G.
Procedural requirements.
(1)
Preapplication conference. Prior to any application for site plan
review the applicant shall confer with the Zoning Administrator to
identify required site plan elements. The applicant shall submit preliminary
plans, sketches and basic site information for consideration and comment,
regarding the relation of the proposed use to uses on adjoining parcels.
