The Official Zoning Map is hereby adopted as
a document to guide the municipality in the promotion of health, safety,
morals or general welfare of the community, subject to further amendments
or modifications in the future. Such Official Zoning Map shall be
placed on file in the respective administrative offices having jurisdiction
thereof for the expressed convenience of the general public. Such
Official Zoning Map shall depict the true and correct portrayal of
the City of Rice Lake's current zoning districts. Upon changes to
the Zoning Map by ordinance passed by the Rice Lake Common Council,
the Official Zoning Map(s) shall be revised as soon as practical thereafter.
[1]
Editor's Note: The Zoning Map is on file in
the City offices.
The following districts are designated:
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Single-Family Residential (RS)
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One- and Two-Family Residential (R)
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Multifamily Residential (RM)
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Estate Residential (RE)
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Neighborhood Commercial (CN)
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General Commercial (C)
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Highway Commercial (CH)
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Central Business (CBD)
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Office (O)
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Light Industrial (IL)
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Industrial (I)
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Technology Park Zoning (TP)
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Agricultural (A)
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Agricultural Transition (AT)
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Conservancy (W)
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Park Zoning (P)
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Airport Zoning (AR)
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Height Limitation Zoning (HLZ)[1]
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Planned Unit Development (PUD)
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No building shall be erected or altered, nor
shall any building or premises be used, for any purpose other than
that permitted in the district in which such building or premises
is located, except as otherwise provided in this chapter.
No building shall be erected or altered to exceed
in height the limit herein established for the district in which such
building is located, except as otherwise provided in this chapter.
No building shall be erected, altered, enlarged
or rebuilt, nor shall any open space surrounding any building be encroached
upon or reduced, in any manner except in conformity with the area
regulations hereby established for the district in which such building
is located or except as otherwise provided in this chapter.
No building or premises shall be used and no
structure shall be erected, altered, enlarged or rebuilt in any manner
except in conformity with the use regulations hereby established for
the district in which such building or premises are located or except
as otherwise provided in this chapter.
A.
Purpose and intent. The RS District is intended to
provide appropriate areas in the City for single-family residential
neighborhoods and supporting nonresidential uses that provide appropriate
activities of daily life within such a residential area.
B.
C.
Permitted accessory uses.
(1)
Accessory buildings and uses incidental to any of
the above structures when located on the same lot. The number of accessory
buildings shall be limited to two structures. Such structures shall
be limited to a maximum of 1,100 square feet, the sum of all such
structures shall be limited to 1,100 square feet, and such structures
shall not exceed the square footage of the principal structure. Such
accessory structures shall not exceed either the maximum height of
25 feet or the height of the principal structure, whichever is the
lesser of the two standards.
(2)
Accessory buildings for conditional uses. Approval
of the Plan Commission is needed as part of the conditional use permit.
(3)
Parking incidental to a principal use.
E.
Height, area and setback regulations. The height of
buildings, the minimum dimensions of yards and open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No one- family residence shall exceed 35 feet
or two stories in height. All other buildings permitted in this district
shall have a height not to exceed 60 feet.
(2)
Rear yard. There shall be a rear yard on all interior lots of not less than 25 feet, except detached private garages shall be permitted in the rear yard according to Subsection E(6).
(3)
Side yard. There shall be a side yard on each side
of the building of not less than 10 feet for buildings of one, 1 1/2
and two stories.
(4)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(5)
Private garages and accessory buildings. An attached
private garage shall be considered a part of the main building. Accessory
buildings on interior lots shall have a rear yard setback of not less
than three feet and a side yard setback of not less than three feet,
unless any portion of the garage is less than five feet from the rear
building line of the main building, in which case the side yard setback
of not less than 10 feet is required.
(6)
Building area. No building with its accessory building
shall occupy more than 40% of an interior lot or more than 50% of
a corner lot.
(7)
Lot area per family. Every single-family dwelling
shall provide a lot area of not less than 8,000 square feet.
(8)
Number of buildings on a lot of record. Not more than
one principal one-family dwelling shall be located on a lot of record.
A.
Purpose and intent. The R District is intended to
provide appropriate areas in the City for one and two-family residential
neighborhoods and supporting nonresidential uses that provide appropriate
activities of daily life within such a residential area.
B.
Permitted uses.
(1)
Any use permitted in the RS District.
(2)
Two-family dwellings.
(3)
Rooms for up to four paying guests or boarders.
(4)
Family day-care centers.
(5)
Adult family homes (except residential care apartment
complexes).
(6)
Foster homes.
(7)
Community based residential facilities.
(8)
Uses clearly similar in character and function to
those listed above.
E.
Height, area and setback regulations. The height of
buildings, the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No one- or two-family residence shall exceed
35 feet or two stories in height. All other buildings permitted in
this district shall have a height not to exceed 60 feet.
(2)
Side yard.
(a)
Standard requirement. There shall be a side
yard on each side of the building of not less than eight feet for
one-story buildings and 10 feet for one-and-one-half-story and two-story
buildings.
(b)
Preexisting lots. Where a lot has a width of
66 feet or less and was of record on or before August 1, 1968, there
shall be a side yard on each side of the building of not less than
six feet.
(c)
Nonresidential lot. Where a lot or lots are
to be used for any permitted use other than a residential dwelling
and its accessory buildings, the side yard shall be not less than
six feet for a one-story building, eight feet for a two-story building
and one additional foot for every three feet that the height of the
building is in excess of 35 feet.
(d)
Exception; zero-lot-line duplexes. The side
yard setback may be zero on one side, provided that:
[1]
The lot adjacent to that side yard is held under
the same ownership at the time of initial construction.
[2]
The adjoining side yard setback of the lot adjacent
to the zero side yard setback is also zero.
[3]
The opposite side yard is not less than 10 feet.
[4]
This is allowed on existing lots of 80 feet
or more in width prior to splitting the lot for the duplex.
(3)
Rear yard. There shall be a rear yard of not less
than 25 feet on all lots.
(4)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(5)
Corner lot. All corner lots platted before August
1, 1968, having a width of 50 feet or less shall have a setback line
graduated from 15 feet for a lot 50 feet in width to 1/2 foot less
for each foot or fraction thereof that the lot is less than 50 feet
in width, provided that the minimum setback line shall be 10 feet.
The rear portion of a corner lot which is divided or which is used
for a separate residence shall be considered as an interior lot.
(6)
Private garages and accessory buildings. An attached
private garage shall be considered a part of the main building. Accessory
buildings on interior lots shall have a rear yard setback of not less
than three feet and a side yard setback of not less than three feet,
unless any portion of the garage is less than five feet from the rear
building line of the main building, in which case the side yard setback
of not less than 10 feet is required.
(7)
Building area. No building with its accessory building
shall occupy more than 50% of an interior lot or more than 60% of
a corner lot.
(8)
Lot area per family. Every one-family dwelling shall
provide a lot area of not less than 6,000 square feet per family.
Every two-family dwelling shall provide a lot area of not less than
4,000 square feet per family unless such dwelling was used as a two-family
dwelling before March 29, 2005.
(9)
Number of buildings on a lot of record. Not more than
one principal one- or two-family dwelling shall be located on a lot
of record.
A.
Purpose and intent. The RM District is intended to
provide living area for small family groups at an economical level
in higher-density portions of the city and provides for low-cost and
dormitory-type housing in areas of special need, under either public
or private sponsorship.
B.
Permitted uses.
(1)
Any use permitted in the R District, except one-family dwellings not meeting Subsection B(2) below.
(2)
One-family dwellings existing, built or granted a
building permit before March 29, 2005.
(3)
Apartment houses.
(4)
Boardinghouses or lodging houses.
(5)
Charitable institutions and private nonprofit clubs
and lodges.
(6)
Nursing homes and residential care apartment complexes.
(7)
Uses clearly similar in character and function to
those listed above.
D.
Conditional uses.
E.
Height, area and setback regulations. The height,
area and setback regulations in the RM District shall be the same
as set forth for the R District, except that every apartment building
shall provide not less than 1,500 square feet of lot area per family
and except for the following:
(1)
Height, area and setback regulations for low-cost
and dormitory-type housing in areas of special need.
(a)
Front yard. The setback for the front yard shall
be not less than 25 feet. On corner lots the setback on the side street
(long side) shall be not less than 15 feet.
(b)
Side yard. There shall be not less than five
feet at the ground floor; above the second floor level there shall
be an unoccupied space equivalent to a side yard of not less than
10 feet.
(c)
Rear yard. There shall be rear yards of not
less than 25 feet on all lots. If an alley exists the rear yard may
be measured from the alley.
(d)
Height. No building shall exceed four stories
or 45 feet in height, provided that the number of stories and the
height may be increased to a maximum of 100 feet if the setback and
side yard requirements are increased six inches for each foot the
building exceeds 45 feet in height. Domes, towers, steeples, elevator
penthouses and ornamental features which do not provide for continuous
occupancy may be erected to 100 feet in height without increasing
the yard space. Accessory buildings shall not exceed 25 feet in height.
(e)
Area. No building, including its accessory building,
shall occupy more than 40% of an interior lot or more than 50% of
a corner lot. An additional 10% of lot coverage shall be permitted
where used for enclosed parking spaces.
A.
Purpose and intent.
(1)
This district is intended to provide spacious home
sites for residential development of a suburban or rural character,
limited to single-family homes on individual lots. In keeping with
a peaceful single-family environment, other uses that provide service
to residential areas such as schools, churches, high activity parks,
and certain institutional uses, but which can also stress a peaceful
atmosphere, are permitted only on a conditional use basis.
(2)
Since portions of the district are served with public
sewers and portions are not, but all of the district is likely to
eventually receive sewers, the City of Rice Lake Subdivision Ordinance[1] provides coordinated regulations wherein the larger required
land area dimensions for unsewered soil absorption sewerage treatment
conditions related to the smaller ultimate land area to be permitted
when public sewers are installed. Accordingly, land may be platted
at the ultimate sewered size dimensions and groups of lots held in
common ownership to meet the larger unsewered dimensions until sewers
arrive, or the land may be platted into the larger unsewered dimensions,
but sized, if so required by the Plan Commission, to allow later resubdivision
into the ultimate dimensions when sewers arrive, as provided for in
the City of Rice Lake Subdivision Ordinance.
C.
Permitted accessory uses.
(1)
Accessory buildings and uses incidental to any of
the above structures when located on the same lot. The number of accessory
buildings shall be limited to two structures. For lots up to five
acres, such structures shall be limited to a maximum of 2,400 square
feet, and the sum of all such structures shall be limited to 2,400
square feet. For every additional five acres of lot size, or portion
thereof, such structures are allowed an additional 1,000 square feet
for the maximum size and total area. Such accessory structures shall
not exceed either the maximum height of 25 feet or the height of the
principal structure, whichever is the lesser of the two standards.
(2)
Quarters for household employees, provided that such
quarters shall be occupied only by individuals employed full time
on the premises and their families.
(3)
Home gardening and horticulture.
(4)
Service buildings and facilities normally incident
to the use of public park or recreation area.
(5)
Farm animals or fowl, except swine and furbearers,
for family food production or recreation only, subject to the following
provisions:
(a)
The parcel on which animals or fowl are maintained
shall contain five acres or more.
(b)
On a parcel which is five acres in size, no
more than the equivalent number of animals of all types to equal four
animal units may be kept. On any parcel larger than five acres, for
each five additional acres, or portion thereof, in size, no more than
the equivalent number of animals of all types to equal four animal
units may be kept. In addition, for every pair of saddle horses (four
animal units), an offspring of such horses up to 12 months of age
is allowed. See Appendix A.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(c)
Buildings in which any such animals or fowl
are kept shall be no less than 100 feet from the nearest lot line
of an adjoining residential lot.
(d)
No killing or dressing of such animals or fowl
shall take place on the premises.
(6)
Parking incidental to a principal use.
D.
Conditional uses.
(1)
Recreational and social facilities, such as athletic
fields involving organized teams and leagues, golf courses (but not
including separate golf driving ranges or miniature golf grounds),
courts and fields for noncommercial recreation clubs and lodges; noncommercial
recreation and community centers and swimming pools.
(2)
Schools, public and parochial, of the K-12 type.
(3)
Churches.
(4)
Public utility offices and installations and substations,
municipal and community water towers, pump stations.
(5)
Two-family dwellings where the second unit does not
exceed 60% of the floor area of the principal unit, its occupancy
is intended for a family member related by blood, adoption or marriage
to the occupants of the principal unit, at least one entrance to the
second unit is through the principal unit, and where the overall appearance
of the structure resembles that of a single-family residence.
(6)
Home occupations.
(7)
Day-care centers.
E.
Height, area and setback regulations. The height of
buildings, the minimum dimensions of yards and open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No one-family residence or its accessory buildings
shall exceed 35 feet or two stories in height. All other buildings
permitted in this district shall have a height not to exceed 60 feet.
(2)
Rear yard. There shall be a rear yard on all interior
lots of not less than 25 feet.
(3)
Side yard. There shall be a side yard on each side
of the building of not less than 15 feet for buildings of one, 1 1/2
and two stories.
(4)
Front yard. There shall be a front yard of not less
than 30 feet on every lot.
(5)
Lot area per family. Every single-family dwelling shall provide a lot area of not less than 1 1/2 acre. However, any lot of less than 1 1/2 acre located in the Town of Rice Lake Extraterritorial Zoning Area being used for residential purposes, including duplexes, as of June 28, 2005, the effective date of this subsection, shall be deemed a permitted use, subject to restrictions under § 260-24C, Permitted accessory uses, and under § 260-24D, Conditional uses.
[Amended 6-28-2005 by Ord. No. 05-11]
(6)
Number of buildings on a lot of record. Not more than
one principal one-family dwelling shall be located on a lot of record.
A. Purpose and intent. This district is intended
to provide for individual or small groups of retail and customer service
establishments serving primarily the convenience of a local neighborhood,
and the character, appearance and operation of these establishments
are compatible with the surrounding or adjacent area which in most
cases will be residential.
A.
Permitted uses. The following are permitted uses within
the Neighborhood Commercial Zoning District (CN):
(1)
Business, professional or public service offices not
exceeding 3,600 square feet of primary floor area.
(2)
Retail stores and shops offering convenience goods
and individually not exceeding 4,800 square feet of primary floor
area.
(3)
Customer or personal service establishments such as
financial services, shoe repair, barber and beauty shops, studios
and similar uses, each not exceeding 3,200 square feet of primary
floor area, and not offering drive-through facilities.
(4)
Uses clearly similar in character and function to
those listed above.
B.
Accessory uses. The following accessory uses shall
be permitted within the Neighborhood Commercial Zoning District (CN):
C.
Conditional uses. The Neighborhood Commercial Zoning
District (CN) may also include conditional uses such as the following:
(1)
Automobile fuel sales.
(2)
Rental apartments as a secondary use of a commercial
building, and on other than the ground floor level unless located
to the rear of the storefront or commercially used space.
(3)
Restaurants, taverns, bars, etc., not offering live
entertainment.
(4)
Small animal veterinary clinics and accessory indoor
boarding kennels.
(5)
Care centers such as day-care centers or adult day
care, nursing or convalescent centers including hospices, but not
hospitals.
(6)
Residential quarters for the owner, proprietor, commercial
tenant, employee, or caretaker located in the same building as the
business, and on other than the ground floor unless located to the
rear of the storefront or commercially used space.
D.
Special regulations. These special regulations apply
to the Neighborhood Commercial Zoning District (CN):
(1)
This district should normally be applied to parcels
or groups of parcels whose primary floor area would total as a group
less than 20,000 square feet.
(2)
Outside storage uses such as travel-moving vehicle
or trailer rental, sale of motor vehicles, outside display of merchandise
or goods storage, are not permitted.
(3)
Outdoor sound systems, cooking odors from food preparation,
high-intensity site lighting, drive-through facilities, and late hours
of operation, each pose special stress to nearby residential uses
and should not ordinarily be approved in this district as part of
permitted uses, unless the Plan Commission is satisfied in the specific
circumstances that the degree of such aspects would be reduced below
stress levels, or that mitigation measures would adequately protect
nearby residential areas.
E.
Height and area regulations. The height of buildings,
the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 35 feet in height.
(2)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(3)
Rear yard. There shall be a rear yard of not less
than six feet.
(4)
Side yard. A side yard shall be not less than six
feet wide.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
A.
Purpose and intent. This district is intended to provide
for the orderly and attractive grouping at appropriate locations of
retail stores, shops, offices, and service establishments serving
the needs of the larger community area. The size and location of such
districts shall be based upon evidence of justifiable community need,
of adequate customer potential, and of satisfactory relationship to
the arterial highway system, and other related facilities.
B.
Limitations. Uses that depend upon a substantial amount of outdoor storage of their product such as building supply yards, motor vehicle equipment sales and service, or which present other types of characteristics such as an outdoor theater, trucking terminal, motor vehicle body repair, and similar uses, tend to be incompatible with the retail shopping center and office developments which form the core of the permitted uses of this district. Consequently such uses are prohibited as uses of right in this district. See § 260-26 E(6).
C.
Permitted uses. The following are permitted uses within
the General Commercial Zoning District (C):
(1)
Offices for the professions, businesses, government
and utilities, studios, clinics.
(2)
Retail stores and shops without limitation as to size,
on individual sites or grouped into shopping centers, but involving
only incidental and transient outdoor storage of goods.
(3)
Community and customer service establishments including
financial services, consumer item repairs including eating and drinking
establishments, overnight lodging, indoor commercial recreation such
as bowling alleys, and physical fitness salons and gyms.
(4)
Hotels, motels, resorts and other overnight lodging.
(5)
Theaters.
(6)
Amusement or entertainment halls.
(7)
Printing offices.
(8)
Gun and bicycle repair shops.
(9)
Bus depots and train depots or stations.
(10)
Public garages and repair shops.
(11)
Service stations, washing and repair stations
and garages, provided that all gas pumps are not less than 30 feet
from any existing or proposed street line.
(12)
Automobile drive-through facilities provided
the service rendered or product sold is provided to each customer
while they remain in or near their car and provided one or a few vehicles
at a time are served as contrasted with an outdoor theater where all
customers are served at once.
(13)
Mini-storage facilities.
(14)
Other uses clearly similar in character and
function to those uses listed above.
(15)
Fairgrounds.
(16)
Wholesale business and light warehousing. The
storage of goods is limited to no more than 30,000 square feet of
interior storage of manufactured goods not requiring any further processing
and not requiring cranes or hoists outside the building for handling,
loading or unloading. All storage shall be enclosed.
D.
Accessory uses. The following accessory uses shall
be permitted within the General Commercial Zoning District (C):
E.
Conditional uses. The General Commercial Zoning District
(C) may also include conditional uses such as the following:
(1)
Any use permitted in the RM District, except one-
and two-family residences.
(2)
Recreational establishments including drive-in theaters,
golf or baseball driving ranges, archery fields, miniature golf courses
or similar uses.
(3)
Rental apartments as a secondary use of a commercial
building on other than a ground level floor.
(4)
Care centers, such as for children or adults, nursing
or convalescent centers including hospices, but not hospitals.
(5)
Manufacturing related to commercial uses.
(6)
Any use permitted in the CH District but not so permitted
in this district (not conditional uses in CH).
F.
Height and area regulations. The height of buildings,
the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 60 feet in height.
(2)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(3)
Rear yard. There shall be a rear yard of not less
than six feet.
(4)
Side yard. A side yard shall be not less than six
feet wide.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
A.
Purpose and intent. This district is intended to provide
space for a widely diversified range of commercial uses, including
those retail or service uses with a wholesale aspect and those businesses,
both small and large, not suited to the CN or C Districts, including
those with extensive outdoor product storage or display. Other uses,
similar in character and function, including the manufacturing or
treatment of products clearly incidental and customary to the conduct
of the principal use, are also allowed. The district is further intended
to provide for the orderly and attractive grouping at appropriate
major arterial and interchange locations of retail, office and service
commercial establishments that derive the majority of their business
from motoring customers or due to proximity to heavily traveled roadways.
Further purpose and intent of this district:
(1)
To provide appropriately located areas for retail
stores, offices, service establishments, amusement establishments
and wholesale businesses, offering commodities and services required
by residents of the City and its surrounding market area.
(2)
To provide opportunities for retail stores, offices,
service establishments, and wholesale businesses to concentrate for
the convenience of the public and in mutually beneficial relationship
to one another.
(3)
To minimize traffic congestion and to avoid the overloading
of utilities by preventing the construction of buildings of excessive
size in relation to the amount of land around them.
(4)
To provide appropriately located areas for establishments
catering to tourists and highway travelers.
(5)
To provide appropriately located areas for establishments
that generally require larger sites and do not require close proximity
to other retail uses.
B.
Site characteristics. The uses to be located in this
district traditionally need individually owned sites near other major
commercial activity and facing or near important traffic arterials
or interchanges, but relying much less upon exchange of customers
between adjacent uses as found among CN and C uses. To discourage
the stripping of CH uses along the principal arterial highways, thereby
damaging the capacity of such arterials to move traffic safely, wherever
possible uses should be arranged in general business parks with planned
access and traffic controls. Where stripping is unavoidable, traffic
management measures will need to be carefully followed.
C.
Site regulation. While this district is intended to be quite broad in its permissiveness within the general range of commercial enterprise, the potential is so high among some of the allowable uses for creating a damaging image for their neighborhood (especially where outside storage/display is involved) it is necessary for the Plan Commission to be especially vigilant in exercising its power of approval of building, site and operational plans under § 260-14 of this article.
D.
Permitted uses. The following are permitted uses within the Highway Commercial Zoning District CH and are subject to approval by the Plan Commission of building, site and operational plans as set forth in § 260-14:
(1)
Any uses permitted by right or by conditional use
in the CN or C Districts, except rental apartments as a secondary
use.
(2)
Any retail or service uses involving outside storage
or display of product which are otherwise prohibited in the CN and
C Districts, for example automobile sales, building supply stores
and yards, excluding, however, such uses as those which are regulated
in the Industrial Districts.
(3)
General merchandising and wholesaling establishments.
(4)
Uses clearly similar in character and function to
those permitted above.
E.
Accessory uses. The following accessory uses shall be permitted within the Highway Commercial Zoning District CH and are subject to approval by the Plan Commission of building, site and operational plans as set forth in § 260-14:
(1)
All accessory uses as permitted in the CN and C Districts.
(2)
Retail or service uses involving related indoor manufacturing
(cabinet shops, heating and cooling equipment sales and service with
on-site ductwork fabrication, etc.), where the manufacturing floor
area does not exceed 5,000 square feet.
(3)
Buildings and uses customarily incidental to any of
the above structures or uses when located on the same premises.
(4)
Off-street parking and loading areas.
F.
Conditional uses. The Highway Commercial Zoning District
CH may also include conditional uses such as the following:
(1)
Retail or service uses involving related indoor manufacturing
(cabinet shops, heating and cooling equipment sales and service with
on-site ductwork fabrication, etc.), where the manufacturing floor
area exceeds 5,000 square feet.
G.
Height, setback and area regulations. The height of
buildings, the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 60 feet in height.
(2)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(3)
Rear yard. There shall be a rear yard of not less
than six feet.
(4)
Side yard. A side yard shall be not less than six
feet wide.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
H.
Use and design standards.
(1)
All off-street parking areas of more than 10,000 square
feet shall provide canopy-type shade trees along with other forms
of vegetation hardy to this region in tree islands and planting buffer
strips totaling not less than 3% of the surfaced parking area. The
size, type and location of the islands and plant material shall be
indicated on building, site and operational plans.
(2)
Internal access roads to intersecting highways shall
be provided, insofar as possible, to enable development on both sides
of the access road. No public or private access road shall be nearer
than 200 feet to the right-of-way of the intersecting highway, as
measured along the center line of the street providing connection
between the public or private access road and the intersecting highway.
(3)
The proposed use shall be in general conformance with
any applicable interchange plan.
(4)
Traffic generation, circulation and off-street parking
shall not create hazardous traffic conditions and shall not have an
adverse impact on surrounding land uses.
(5)
Proposed lighting shall not be directed onto adjacent
property or any public street or highway.
A.
Purpose and intent. This district is intended to provide
appropriate regulations beyond or in addition to those of the underlying
district to ensure the compatibility of the diverse uses typical of
the downtown or urban core area without inhibiting the potential for
maximum development of commercial, cultural, entertainment and other
activities which contribute to its role as the heart of the city.
B.
Designation of Central Business Overlay District zone.
The Central Business Overlay District shall be bounded by Evans Street
to the north, Wilson Avenue to the west, Rice Lake to the east and
Red Cedar River to the south.
C.
Permitted uses. The following are permitted uses within
the Central Business Overlay District (CBD):
(1)
Retail sales establishments.
(2)
Financial institutions.
(3)
Personal and business service establishments.
(4)
Commercial services and professional offices.
(5)
Restaurants, cafes, bakeries, taverns and nightclubs.
(6)
Government offices, post offices and libraries.
(7)
Medical, dental and eye clinics.
(8)
Private clubs and lodges.
(9)
Printing and publishing houses and related activities.
(10)
Churches.
(11)
Commercial studios and display galleries.
(12)
Hotels.
(13)
Apartment buildings, when located to the east of the East Main Street Alley or west of the West Main Street Alley, subject to the parking requirements of Article V of the City of Rice Lake Zoning Code.
[Added 8-28-2012 by Ord.
No. 12-06[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection
C(13) as C(14).
(14)
Uses clearly similar in character and function
to those listed above.
D.
Accessory uses. The following accessory uses are permitted
within the Central Business Overlay District (CBD):
E.
Conditional uses. The Central Business Overlay District
(CBD) may also include conditional uses such as the following:
(1)
Gasoline service stations.
(2)
Appliance and small machinery repair establishments.
(3)
Motels.
(4)
Theaters and bowling alleys.
(5)
Rest homes and nursing homes.
(6)
Warehouses for local wholesale and retail establishments.
(7)
Day-care centers, subject to state licensing requirements.
(8)
Transmitting towers, receiving towers and relay and
microwave towers.
(9)
Bus depots and train depots and stations.
F.
Setback and yard requirements.
(1)
A minimum front yard setback is not required.
(2)
Minimum side yard setbacks are not required, except
when adjacent or abutting a residential district, where there shall
be a side yard setback of 10 feet. Where side yard setbacks are provided
a minimum of 10 feet shall be maintained.
(3)
A minimum rear yard setback is not required, except
when adjacent or abutting a residential district, where there shall
be a rear yard setback of 25 feet.
(4)
No new building or structure within the Central Business
Overlay District, except a security or decorative fence obstructing
not more than 10% of the through vision, may protrude into the triangular
area of a corner parcel enclosing an isosceles triangle described
by two fifteen-foot legs extended each way from the vertex of the
two street rights-of-way.
G.
Parking requirements. All permitted, accessory or conditional land uses so documented in this section, because of unique features such as building density, occupation of entire building lots and existing municipal infrastructure restraints, are exempted from various off-street parking requirements found within Article V. This exemption does not imply that adequate parking for various land uses is no longer desired, rather it shall be the purview of public and private sector interests to define the need, or lack thereof, for adequate parking within the CBD District.
A.
Purpose and intent. This district is intended to provide
for individual sites, or for planned groupings on single larger sites
or on subdivided larger sites, of office buildings and related service
uses serving the needs of both the neighborhood and of the larger
community area. Plan Commission approval of the building, site and
operational plans of each such building proposal will be necessary
to achieve a satisfactory relationship of the office use and its operating
characteristics to possible adjacent residential uses, to the arterial
highway system, and in some cases to adjacent retail and customer
service uses where shared parking is likely and some exchange may
occur between these various uses.
B.
Permitted uses. The following are permitted uses within the Office District (O) subject to approval by the Plan Commission of building, site and operational plans under § 260-14 of this article:
C.
Accessory uses. The following are accessory uses within the Office District (O) subject to approval by the Plan Commission of building, site and operational plans under § 260-14 of this article:
(1)
Incidental service uses such as product or service
display area, warehousing and repair service, customer or employee
services including restaurants, cafeterias, day care facilities, studios
or instructional areas, provided that these uses are accessory or
subordinate to the principal office use by not comprising cumulatively
more than 30% of the floor area.
(2)
Off-street parking or loading areas.
(3)
Any other structure or use normally accessory to the
principal permitted uses.
E.
Height and area regulations. The height of buildings,
the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 60 feet in height.
(2)
Front yard. There shall be a front yard of not less
than 25 feet on every lot, except where two or more buildings are
located approximately the same distance from the street line on the
same side of the street and between two intersecting streets so as
to establish a setback line, provided that in no case will the front
yard be less than 15 feet.
(3)
Rear yard. There shall be a rear yard of not less
than six feet.
(4)
Side yard. A side yard shall be not less than six
feet wide.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
A.
Purpose and intent. The IL District is intended to
provide space for light industrial and manufacturing uses at appropriate
locations in the city.
B.
Permitted uses. The following are permitted uses:
[Amended 2-23-2010 by Ord. No. 10-01]
(1)
Light manufacturing assembly plants, laboratories,
warehouses, truck terminals, utilities and railroad facilities, wholesaling
of merchandise and identity signs only.
(2)
Contractors in the building trades, including general
construction, mechanical, electrical, and utility contractors and
their suppliers.
(3)
Certain
commercial and office uses are also permitted if such are compatible
with the primary industrial use. Such uses shall include industrially
associated office and administration buildings and other facilities
for accessory services.
(4)
All
operations shall be completely enclosed within a building or within
an area totally screened from view by a decorative fence or wall that
is at least six feet in height.
(5)
Uses
clearly similar in character and function to those listed above.
(6)
Public
utilities facilities, including, but not limited to, renewable energy
resources, solar panel arrays, electrical substations, water storage
facilities, water pumping stations or booster stations, sewer lift
stations.
[Added 8-25-2020 by Ord. No. 20-06]
D.
Conditional uses. The following are conditional uses:
(1)
Outside storage. All storage of materials shall be
completely enclosed within an area totally screened from view by a
decorative fence or wall which is at least six feet in height, unless
otherwise approved through conditional use permit.
(2)
Material recovery facilities or other recycling facilities
for materials specified in § 287.07, Wisconsin Statutes.
(3)
The storage and/or distribution of petroleum products.
[Added 12-12-2017 by Ord.
No. 17-16]
E.
Prohibited uses. The following are prohibited uses:
(1)
Primary metal industries, blast furnaces, rolling
mills, foundries, metal refineries, forge plants, etc.
(2)
The manufacturing, processing or storage of explosives.
(3)
Residential buildings.
(4)
The manufacturing, processing or distribution of coal products.
[Amended 12-12-2017 by Ord. No. 17-16]
(5)
The manufacturing, processing, storage or distribution
of animals or animal by-products; rendering plants; meat packing;
gelatin, glue, soap or fertilizer manufacturing; slaughtering houses,
etc. This does not prohibit the manufacture of leather products from
unfinished leather or the operation of cold storage plants.
F.
Height, area and setback regulations. The height of
buildings, the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 60 feet in height.
Maximum building height may only exceed 35 feet, provided that the
setback requirement for that portion of the building shall be increased
six inches for each foot by which the building exceeds 35 feet.
(2)
Front yard: 25 feet from the right-of-way line.
(3)
Side yard: 25 feet, provided that interior rear yard
setbacks for lots of 250 feet or less frontage may be reduced to a
distance equal to 10% of such lot width, but in no case shall such
setbacks be smaller than 10 feet. When adjoining a residential zone,
a minimum setback of 50 feet shall be required. Setbacks for interior
side yards abutting railroad rights-of-way shall be 10 feet.
(4)
Rear yard. A rear yard shall not be less than six
feet.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
G.
Light Industrial District (IL) in industrial parks
recognized by the City of Rice Lake.
(1)
Off-street parking. Off-street parking shall be provided
in accordance with this Municipal Code establishing off-street parking
and loading requirements.
(2)
Loading docks and parking areas. Loading docks and parking areas shall be permitted on the street side of any building, provided that such activity is beyond the minimum setback area indicated in Subsection F(3) of this section.
(3)
Areas to be open. All front and exterior side minimum
setback areas shall be open and unoccupied except for landscaping
and landscaping structures, including walls, entranceways, flagpoles
and other similar uses and also including identity signs when incorporated
as landscape features.
(4)
Approval of plan. A building, site and operational plan under § 260-14 of this article shall be submitted to the Plan Commission and approved before the issuance of a building permit. Such plans shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.
A.
Purpose and intent. The I District is intended to
provide space for intensive industrial and manufacturing use at appropriate
locations in the city.
B.
Permitted uses.
(1)
Any use permitted in the Light Industrial District
(IL).
(2)
Industries that may normally include the use of heavy
machinery and may require outdoor storage areas for raw materials
and for finished products.
(3)
Material recovery facilities or other recycling facilities
for materials specified in § 287.07, Wisconsin Statutes.
(4)
Uses clearly similar in character and function to
those listed above.
C.
Permitted accessory uses. The following are permitted
accessory uses:
(1)
Outside storage. All storage of materials shall be
completely enclosed within an area totally screened from view by a
decorative fence or wall which is at least six feet in height.
(2)
Accessory buildings for storage and incidental industrial
activity.
(3)
Parking and loading areas.
(4)
Residential dwellings, whether erected or moved into
the district, provided that a one-family dwelling for the use only
of a caretaker or watchman employed on the premises shall be permitted.
D.
Conditional uses. The following are conditional uses:
E.
Height and area regulations. The height of buildings,
the minimum dimensions of yards and other open spaces surrounding
buildings and the maximum building area of the lot shall be as follows:
(1)
Height. No building shall exceed 60 feet in height.
(2)
Front yard. There shall be a setback of 15 feet from
the right-of-way line.
(3)
Rear yard. There shall be a rear yard of not less
than six feet.
(4)
Side yard. A side yard shall be not less than six
feet wide.
(5)
Building area. A building with its accessory buildings
shall be unlimited in area, provided that all off-street parking and
setback regulations are complied with.
F.
Industrial District (I) in industrial parks recognized
by the City of Rice Lake.
(1)
Off-street parking. Off-street parking shall be provided
in accordance with this Municipal Code establishing off-street parking
and loading requirements.
(2)
Loading docks and parking areas. Loading docks and parking areas shall be permitted on the street side of any building, provided that such activity is beyond the minimum setback area indicated in Subsection E(4) of this section.
(3)
Areas to be open. All front and exterior side minimum
setback areas shall be open and unoccupied except for landscaping
and landscaping structures, including walls, entranceways, flagpoles
and other similar uses and also including identity signs when incorporated
as landscape features.
(4)
Approval of plan. A building, site and operational plan under § 260-14 of this article shall be submitted to the Plan Commission and approved before the issuance of a building permit. Such plans shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.
A.
Purpose and intent. The Technology Park Zoning District
(TP) is established to provide a comprehensive employment park with
an attractive working environment conducive to the development of
offices, research and development institutions, business support services
and educational activities associated with the Rice Lake area. The
district is designed to be a fully serviced development in a park-like
setting, which is practical, economical and an asset to workers, neighbors
and the community as a whole. It is the intent of this zoning district
to protect potential customers from incompatible, unsightly or nuisance
uses in order to maintain property values desirable for this type
of park.
B.
Permitted uses. The following are permitted uses:
(1)
Research, development and testing laboratories and
facilities.
(a)
Characteristics of such firms:
[1]
Firms that are involved in research, development
or testing of materials, devices or other aspects of products involved
in light manufacturing.
[2]
Firms that may conduct independent research
into, and may disseminate information for, public health, education
or general welfare.
[3]
Firms that may be engaged in providing testing
services which are industrial in nature.
(b)
Examples:
[1]
Firms that are involved in the research, development
or testing of materials, devices or other aspects of products involved
in light manufacturing.
[2]
Commercial and noncommercial research organizations.
[3]
Testing laboratories such as assaying services,
calibration and certification testing, radiation detection, food testing,
forensic labs, product testing, pollution testing, seed testing, veterinary
testing labs or x-ray inspection services.
(2)
Manufacture, production, processing, cleaning, servicing
or repair of technically oriented materials, goods or products generally
associated with such fields as medical and dental supplies, optics,
process design and software development, robotics, communications
and energy.
(3)
Telecommunications centers.
(4)
Conference centers.
(5)
Educational and training centers.
(6)
Nursery schools and day-care centers primarily for
children of persons employed in the technology park (TP).
(7)
Office and professional buildings.
(8)
Any other uses similar to those listed in this section.
E.
Height, setback, lot and area regulations. The height
of buildings, the minimum dimensions of yards and other open spaces
surrounding buildings and the maximum building area of the lot shall
be as follows:
(1)
Height. No building shall exceed two stories or 35
feet in height.
(2)
Front yard setback. There shall be a required front
yard setback of 25 feet from the right-of-way line.
(3)
Side yard setback. There shall be a required side
yard setback of 20 feet from the lot line.
(4)
Rear yard setback. There shall be a required rear
yard setback of 20 feet from the lot line.
(5)
Minimum lot width. Minimum lot width shall be 150
feet at the building line. Excessive lot depth in relation to width
shall be avoided, and a proportion of two to one shall be normally
considered as a desirable ratio.
(6)
Minimum lot area. The minimum lot area shall be one
acre.
F.
Architectural design.
(1)
Complete architectural design must be given to all
the facades of all buildings, with every side and rear elevation being
given architectural treatment compatible with the front elevation
of the building. To establish a standard of quality and maintain architectural
integrity, exterior walls facing streets are to be faced with brick,
decorative masonry or equivalent material from finished grade to roof
level. Standard cinder or concrete block shall not be considered sufficient
for the purpose of maintaining desired architectural integrity of
buildings being built within the technology park (TP). A suitable
amount of metal or other trim material will be allowed towards aesthetics
of any such building upon the discretion of the Community Development
Department.
(2)
Solid waste containers shall be screened by decorative
fencing or green shrubbery. No other fencing shall be allowed in this
zoning district.
G.
Landscaping. The entire setback area of a lot shall
be landscaped with lawn, trees, shrubs, flowers or similar features.
Such landscaping shall be completed within 12 months of occupancy.
All landscaping shall be done in a suitable manner, excepting only
those areas as may be required for driveways, visitor parking or walks.
All walks shall be of concrete or similar material and be in compliance
with ADA standards.
H.
Maintenance. All land shall be maintained and kept
free of noxious weeds, rubbish and debris by the property owner. It
shall be the responsibility of the property owner to keep the grass
mowed in the city right-of-way abutting the owner's property up to
the curb/street pavement, as well as on the private portion of the
property, as otherwise required by city ordinance.
I.
Parking requirements. All parking areas shall be paved with either concrete or blacktop. The property owner shall provide adequate off-street parking on the site to accommodate all parking needs for the site. All employee parking shall be in the rear yard or side yard behind the established setback lines. Customer and visitor parking may be permitted in front yards, up to a maximum of 10 spaces, but no closer than 15 feet to the street right-of-way line provided that curbs and bumper guards are installed for safety reasons. Stall markings shall be provided for all parking spaces. Any required parking lot storm sewers and catch basins and necessary curb cuts for ingress and egress shall be done as directed by the Street Department. There shall be provided the required number of off-street parking stalls in accordance with Rice Lake Code of Ordinances, § 260-50.
J.
Signage. No sign shall be erected or maintained on
any technology park (TP) property except in conformity with the following:
(1)
One freestanding, monument (business) type sign per
business shall be allowed. The total size of the sign shall not exceed
100 square feet. The maximum height of the sign shall not exceed eight
feet above ground level. The sign shall be set back a minimum of 15
feet from the right-of-way line.
(2)
One exterior wall sign per business shall be allowed.
The total size of the sign shall not exceed 10% of the area of the
wall upon which the sign is erected. The wall sign shall be flush-mounted.
Signs painted directly on the surface of the wall shall not be permitted.
(3)
No signs shall project above the top of the highest
exterior wall of the building. Signs may be lighted. However, no signs
shall be devised or constructed so as to rotate, gyrate, blink or
move in any animated fashion within the technology park (TP) Zoning
District. Sign illumination shall be either directed down at the sign
or internally lit.
(4)
All signs shall be restricted to advertising for the
person, firm, company or corporation operating the use conducted on
the site or the products produced or sold therein, except for directional
signage for campus facilities.
K.
Utility requirements. All utilities shall be placed
underground where feasible unless extraordinary circumstances dictate
otherwise. This requirement shall apply to all electric, communications,
gas, water, storm and sanitary sewers to be located in the technology
park (TP).
L.
Drainage systems. All portions of any lot shall be
designed, graded, constructed and maintained so as to properly discharge
stormwater runoff in such a manner in the best interests of said property,
its occupants and other abutting properties. No one shall in any way
disturb the functioning of the natural or any man-made drainage system
within the technology park (TP) without obtaining written permission
from the Community Development Department.
M.
Nonbuilding site elements. All operations shall be
carried on within fully enclosed buildings, and no outside activities
shall be carried on unless expressly stated within this article.
N.
Prohibition of noise and noxious odors. Noxious odors are prohibited as defined by Rice Lake Code of Ordinances § 177-36H. Noise limits shall conform to those restrictions as permitted in residential zones as defined by Rice Lake Code of Ordinances § 177-10D(1)(a).
O.
Severability. Invalidation of any one of these requirements
or covenants contained within this article by judgment by a court
of competent jurisdiction shall in no way affect any of the other
provisions hereof which shall remain in full force and effect.
A.
Purpose and intent.
(1)
The Agricultural District (A) is established to help
conserve good farming areas and prevent the uncontrolled, uneconomical
spread of residential development since it results in excessive costs
to the community for provision of essential public improvements and
services (sewer and water lines, etc.). Further, the district is created
to protect areas where agricultural production on prime agricultural
soils is the dominant land use and where a continuation of such use
is in the interest of the farm operators and beneficial to the interests
of the general public in terms of production of food and fiber and
environmental quality. Except for continuation of preexisting uses,
this district will allow, by right, very few nonagricultural uses
or development. This policy is intended to avoid conflicts that occur
when farm and nonfarm uses are mixed and to reduce the adverse pressures
upon farming caused by speculative land values and consequent increases
in property taxes on farmlands.
(2)
Some agricultural or agriculturally related uses are
treated as conditional uses in this district because of potential
problems of pollution or conflicts with land uses in nearby districts.
B.
Permitted uses. The following are permitted uses:
(1)
Farming uses. Except as provided in subsequent sections,
the following types of agricultural uses are permitted uses:
(a)
Dairying.
(b)
Beekeeping.
(c)
Floriculture.
(d)
Forest management.
(e)
Game management.
(f)
Grazing, provided that all grazing areas for
farm animals shall be more than 100 feet from the nearest residential
district.
(g)
Greenhouses and nurseries.
(h)
Orchards.
(i)
Poultry raising, when the operation involves
10,000 or fewer birds.
(j)
Raising of grain, grass, mint or seed crops.
(k)
Raising of tree fruits, nuts and berries.
(l)
Roadside stands selling only produce from the
parcel and operated by the family only.
(m)
Sawmills, temporary and short-term.
(n)
Sod farming.
(o)
Vegetable raising, except vegetable raising
operations which employ mechanized irrigation techniques.
(2)
Housing uses.
(a)
Single-family dwellings, including mobile homes,
which are accessory to an agricultural operation and which are occupied
by persons or families connected with farm operation. Only one such
dwelling is allowed under this subsection as a permitted use for each
farm operation.
(b)
Residential occupancy of preexisting dwellings
which were originally used for farm-related housing but which are
no longer needed for farm-related housing.
(c)
Garages and other similar structures or uses
accessory to the housing uses permitted above or to other housing
uses allowed by conditional use permit.
C.
Conditional uses or activities. The following are
conditional uses:
(1)
Agriculturally related conditional uses.
(a)
Establishment or expansion of animal waste storage
facilities when located within 500 feet of the residence of someone
other than the owner of the system. In the case of pits, the five-hundred-foot
separation measurement shall begin at the edge of the liquid at the
maximum capacity of the pit. Such systems shall, in all instances,
be constructed according to technical standards of the Barron County
Soil and Water Conservation Department.
(b)
Commercial egg production and commercial processing
of poultry products.
(c)
Livestock raising and feedlots. An animal feeding operation shall be defined as referenced in Chapter 92, Wisconsin Statutes, and NR243, Wisconsin Administrative Code.
(d)
Fur farms.
(e)
Livestock sale barns.
(f)
Poultry raising when the operation involves
in excess of 10,000 birds.
(g)
Vegetable raising operations which employ mechanized
irrigation techniques.
(h)
Veterinary services and animal hospitals.
(i)
Agricultural-related supply, manufacturing,
warehousing and marketing uses.
(j)
Stables.
(k)
Mineral extractions, governmental only.
(l)
Slaughterhouses.
(2)
(3)
Nonfarm conditional uses.
(a)
Incidental nonfarm uses.
[1]
Governmental and institutional uses.
[2]
Churches and other religious uses and facilities.
[3]
Electrical power generation facilities, electrical
and natural gas distribution facilities of a non-local-service nature,
facilities for storage and/or conversion of petroleum fuel and similar
utility uses of a non-local-service nature.
[4]
Cemeteries for human interment.
(b)
Nonfarm built or development uses. These uses
can only be granted a conditional use if the Plan Commission finds
that such uses were established before March 29, 2005, or such uses
are within the limits of urban services boundary as established in
the City of Rice Lake Comprehensive Plan AND will not harm existing
farm operations.
D.
Dimensional rules and other standards.
(1)
Residential lot and yard sizes.
(a)
Where a dwelling is to be established under
farm-related housing conditional uses on a parcel which is separate
from that of the farm tract, the parcel shall comply with the minimum
lot size, width and yard size standards of the One- and Two-Family
Residential (R) Zoning District.
(b)
Where such a dwelling is to be established without
operation of a separate parcel, such unit shall be located no closer
than 25 feet to any other dwelling.
(2)
Farm parcel size. The minimum parcel size to establish
a farm operation or a residence shall be 35 acres, except as follows:
(3)
Height limits. Buildings or parts of buildings used
for human habitation shall comply with the height requirements of
the Residential District.
(4)
Standards for conditional uses. In deciding applications
for conditional uses, the Plan Commission shall consider the effect
which the proposed use would have upon agricultural operations in
the vicinity of the proposed conditional use. Approval may be subject
to conditions which are designed to reduce such adverse impacts. Impacts
which are compatible with agriculture in the area may be the basis
for approval. The Plan Commission shall also consider whether other
locations, less threatening to continued farming of good agricultural
lands, might be available for the proposed use and the strength of
the reasons offered by the applicant in support of the site in question.
In addition, the following standards apply:
(a)
Livestock operations must meet nonpoint source
pollution discharge and performance standards as follows:
[1]
A livestock operation may have no overflow of
manure storage structures.
[2]
A livestock operation may have no unconfined
manure pile in a water quality management area.
[3]
A livestock operation may have no direct runoff
from a feedlot or stored manure into the waters of the state.
[4]
A livestock operation may not allow unlimited
access by livestock to waters of the state in a location where high
concentrations of animals prevent the maintenance of adequate sod
cover.
(b)
Provisions for animal waste storage and nutrient
management. Feedlots which construct or alter animal waste storage
structures shall conform with the Barron County Animal Waste Management
Ordinance. The feedlot operator shall own or secure, through long-term
lease or sales agreements, adequate land base upon which to dispose
of animal waste generated from the feedlot. Management and use of
animal waste shall meet nutrient management standards as follows:
[1]
590 Nutrient Management Standard. As prepared
by a crop consultant or Barron County Nutrient Management Planning
Project.
(5)
Upon consideration of the proposal, site characteristics
and land use development patterns, the Plan Commission may impose
additional conditions, beyond the standards and requirements set forth
in this article to protect the public health, safety, and welfare.
Such conditions may include, and are not limited to: number and type
of animals; setting setbacks and separation distances; facility design
and construction; provision for financial assurance; and any other
requirements necessary to fulfill the purpose and intent of this article.
(6)
Standards for rezoning land out of the Agricultural
District. When the Plan Commission or the Common Council considers
applications to remove lands from the Agricultural District, the following
factors shall be considered in making a finding as to whether the
rezoning is in the public interest:
(a)
Availability of adequate public facilities to
serve the proposed land use change.
(b)
Reasonableness of the burdens on local government
for providing the needed services.
(c)
Suitability of the land for development.
(d)
Prospects that the development may cause unreasonable
air or water pollution, soil erosion or adverse effects on valued
natural areas.
A.
Purpose and intent. The Agricultural Transition District
(AT) is created to maintain and protect agricultural lands historically
used for farming or forestry, but for lands not included within the
Agricultural District (A). This district will be governed by factors
such as land parcel size, location, soil characteristics, relatively
low intensity of agricultural operation, topography, compatibility
of nearby land uses and other applicable reasons related to the permitted,
accessory and conditional uses identified for this district. This
district shall accommodate land parcels that range from 10 acres to
35 acres.
C.
Permitted accessory uses.
(1)
Preexisting structures existing, built or granted
a building permit prior to March 29, 2005.
(2)
Accessory buildings. The number of accessory buildings
shall be limited to two structures. The sum area of all such structures
shall be limited to a maximum of 3,400 square feet on a ten-acre parcel.
For every additional five acres of lot size, or portion thereof, such
structures are allowed an additional 1,000 square feet for the maximum
size and total area.
E.
Dimensional rules and other standards.
(1)
Lot requirements. In the Agricultural Transition District
(AT), the minimum lot size shall be 10 acres and the maximum lot size
shall be 35 acres.
(2)
Height limits. Buildings or parts of buildings used
for human habitation shall comply with the height requirements of
the One and Two- Family Residential District (R).
(3)
The following are locational standards for nonfarm
and residential structures:
(a)
The site proposed shall be nontillable or unsuitable
for agricultural production.
(b)
The soil characteristics of the site shall be
suited for residential or nonfarm use.
(c)
The public service demands (including police,
fire, road construction and maintenance and school services) which
the proposed use will cause in the location for which a permit is
requested shall not be unreasonable.
(4)
Standards for conditional uses. In deciding applications
for conditional uses, the Plan Commission shall consider the effect
which the proposed use would have upon agricultural operations in
the vicinity of the proposed conditional use. Approval may be subject
to conditions which are designed to reduce such adverse impacts. Impacts
which are compatible with agriculture in the area may be the basis
for approval. The Plan Commission shall also consider whether other
locations, less threatening to continued farming of good agricultural
lands, might be available for the proposed use and the strength of
the reasons offered by the applicant in support of the site in question.
(5)
Standards for rezoning land out of the Agricultural
Transition District. When the Plan Commission or the Common Council
considers applications to remove lands from the Agricultural Transition
District, the following factors shall be considered in making a finding
as to whether the rezoning is in the public interest:
(a)
Availability of adequate public facilities to
serve the proposed land use change.
(b)
Reasonableness of the burdens on local government
for providing the needed services.
(c)
Suitability of the land for development.
(d)
Prospects that the development may cause unreasonable
air or water pollution, soil erosion or adverse effects on valued
natural areas.
A.
Purpose and intent. The Conservancy (W) District is
intended to preserve the natural state of scenic areas, to preserve
natural areas and buffer strips and to discourage intensive development
of marginal land so as to prevent potential hazards to public and
private property.
B.
The following uses are permitted:
(1)
Management of forestry, wildlife and fish. Management
of forestry requires practices that conform to a DNR approved forest
stewardship plan.
(2)
Harvesting of wild crops, such as marsh hays, ferns,
moss, berries, fruit trees and tree seeds.
(3)
Hunting, fishing and trapping.
(4)
Dams, power stations and transmission lines.
(5)
Bicycle or hiking trails.
(6)
Parks.
(7)
Upon written permission from the Common Council (based
on the purposes of this chapter and on the recommendations of the
Plan Commission following a public hearing), sewage disposal plants,
water pumping or storage facilities, golf courses and public camping
grounds.
(8)
Uses customarily incident to any of the above uses.
C.
There are no setbacks, lot size or other dimensional
requirements applicable to the Conservancy (W) District.
D.
Conservancy as an overlay district.
(1)
The provisions of the Conservancy District can be
applied as an overlay district to properties with another underlying
base zoning.
(2)
So applying the Conservancy District requires submittal,
review and approval of building, site and operational plans for the
property that report or show:
(3)
Conservancy overlay areas shall be divided from the
main property as an outlot within a certified survey map or plat of
the property.
A.
Purpose and intent. The purpose of the Park Zoning
District (P) shall be to provide for areas where the open space and
recreational needs, both public and private, of the citizens can be
met without unreasonable disturbance of natural resources and adjacent
uses.
B.
Permitted uses. The following are permitted uses within
the Park Zoning District (P):
(1)
Botanical gardens and arboretums (noncommercial).
(2)
Historic and monument sites.
(3)
Ice skating rinks and warming building.
(4)
Parks: general recreation.
(5)
Parks: leisure and ornamental.
(6)
Picnicking areas.
(7)
Playfields or athletic fields.
(8)
Playgrounds.
(9)
Play lots or tot lots.
(10)
Swimming beaches.
(11)
Tennis, volleyball or basketball courts.
(12)
Horseshoe pits.
(13)
Boats, boat landings and boat docks.
(14)
Cemeteries.
C.
Accessory uses. The following accessory uses shall
be permitted within the Park Zoning District (P):
D.
Conditional uses. The Park Zoning District may also
include conditional uses such as the following:
(1)
Utilities.
(2)
Water storage tanks, towers and wells.
(3)
Forest reserves or wilderness areas.
(4)
Miniature golf facilities.
(5)
Archery ranges.
(6)
Band shells.
(7)
Skeet and trap shooting ranges, provided that the
firing of rifle arms and shotgun slugs shall not be permitted directly
toward or over any highway, road or navigable water, toward any building
or structure or toward any population concentration within 1 1/2
miles of the site.
(8)
Animal shelters and kennels.
(9)
Camping and campgrounds.
(10)
Resorts.
[Amended 4-8-2008 by Ord. No. 08-09]
A.
Purpose and intent. The Airport Zoning Districts are
created to establish permitted, accessory and conditional land uses,
height requirements, two defined zones and other applicable standards
that are appropriate to both 1) a unique site approximately 1,000
acres that the City of Rice Lake owns or has title interest in for
use as an airport located in the Town of Stanley, Barron County, Wisconsin
(the Rice Lake Regional Airport and associated navigation/clear-zone
easements). hereinafter referred to as "District (AR)"; and 2) a larger
area (for the purpose of limiting object heights) that is defined
as the area that is within three statute miles of the airport boundary
as shown on the map entitled "Height Limitation Zoning Map, Rice Lake
Regional — Carl's Field, Rice Lake, Wisconsin,"[1] hereinafter referred to as District (HLZ). It is the further
intent of this section to allow for the smooth and timely implementation
and administration of the various sections of this document. This
section is also intended to protect the health, safety and welfare
of those individuals residing in the nearby geographic vicinity of
such facility.
[1]
Editor's Note: The HLZ Map is on file in the
City offices.
B.
AIRPORT
AIRPORT HAZARD
HEIGHT
LANDING AREA
NONCONFORMING USE
OBSTRUCTION
PERSON
RUNWAY
STRUCTURE
TREE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Rice Lake Regional Airport facility, located in sections
18, 19, 20 and 30, Town 34 N, Range 11 W, Barron County, Wisconsin.
Any structure, tree or use of land which obstructs the airspace
provided for, or is otherwise hazardous to, the flight of aircraft
in landing or taking off at the airport.
In determining the height of the top of an object or the
height limits in all zones set forth in this section and shown on
the HLZ Map, the elevation above mean sea level unless otherwise specified.
The area of the airport used for the landing, taking off
or taxiing of aircraft.
Any preexisting structure, tree, natural growth or use of
land which is inconsistent with the provisions of this section or
an amendment thereto.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height on the HLZ Map in District
(HLZ).
An individual, firm, partnership, corporation, company, association,
joint-stock association or body politic, and includes a trustee, receiver,
assignee, administrator, executor, guardian or other representative.
The paved surface of an airport landing strip.
An object constructed or installed by man, including a mobile
object.
Any object of natural growth.
C.
Airport Zoning District (AR).
(1)
Permitted uses. The following are permitted aviation-related
uses allowed within District (AR):
(a)
Airport terminal building(s).
(b)
Airport hangars.
(c)
Air passenger/cargo facilities.
(d)
Air charter service.
(e)
Aircraft maintenance/manufacturing services.
(f)
Medical transport services.
(g)
Agriculture, excluding dwellings customarily
provided in conjunction with a farm use.
(h)
Buildings and uses of a public works, public
service or public utility nature.
(i)
Any other use(s) clearly similar to those listed
in this section not in conflict with the primary function of the airport.
(2)
Accessory uses. The following are accessory uses allowed
within District (AR):
(a)
Parking.
(b)
Stationary fuel tanks or fueling trucks.
(c)
Navigational aids and weather observation instruments.
(d)
Storage buildings for airport purposes only.
(e)
Truck terminal and freight forwarding facilities,
which are regularly interrelated with air shipping.
(f)
Any other use(s) clearly similar to those listed
in this section not in conflict with the primary function of the airport.
(3)
Conditional uses. The following conditional uses may be permitted within District (AR). An applicant for a conditional use shall first obtain project approval from the Airport Commission regarding compliance with WisDOT, FAA, FCC or other regulatory rules governing the Airport District or HLZ prior to any application submitted for public hearing before the Plan Commission pursuant to Article VI, Conditional Uses.
(4)
Prohibited uses. The following land uses are prohibited
from the District (AR):
(a)
Single-, duplex and multifamily dwelling units.
(b)
Planned unit developments (PUDs).
(c)
Hospitals.
(d)
Schools.
(f)
Incineration facilities.
(g)
Uses that may attract massing birds, including
landfills.
(h)
Above-grade major utility transmission lines
and/or mains.
(i)
Commercial and industrial uses not incidental
to airport operations.
(5)
Height, setback, parking and other standards. All
structures and uses shall observe requirements of FAA Advisory Circular
150/5300-13, current edition; referenced advisory circulars; and applicable
airport/aviation regulations, unless waivers/variances for such are
granted by the FAA and/or WisDOT BOA, and the following requirements:
(a)
No glare-producing materials shall be used on
the exterior of any structure, including any metal building, which
are hazardous to aviation.
(b)
There shall be no display of signs which produce
a flashing or blinking effect, nor shall any lighting project upward
in a manner that would interfere with aircraft.
(c)
No structures or uses shall provide for space
or allow areas to be used as a place of public assembly not associated
with or accessory to the primary purpose of the structure or use.
D.
Height Limitation Zoning District (HLZ). The HLZ District
and its subzones established by this section are as shown on the map
dated October 12, 2007, or any subsequent version as revised by Wisconsin
Bureau of Aeronautics, entitled "Height Limitation Zoning Map, Rice
Lake Regional - Carl's Field, Rice Lake, Wisconsin," on file with
the City, and adopted as a part of this section.
(1)
Height limitations. No structure shall be constructed,
altered or located to a height in excess of the elevation indicated
on the map referred to in Section D of this section. Any structure
constructed, altered or located in violation of this section shall
be removed at the owner's expense. The City may apply for a raze order,
and all costs associated therewith shall be the responsibility of
the owner.
E.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed
by this section shall not require the removal, lowering or other change
or alteration of any structure or tree not conforming to the regulations
as of the effective date of this section or otherwise interfere with
the continuance of any nonconforming use. Nothing herein contained
shall require any change in the construction, alteration or intended
use of any structure the construction or alteration of which was begun
prior to the effective date of this section and is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding
provisions of this section, the owner of any nonconforming structure
or tree shall permit the installation, operation and maintenance thereon
of such markers and lights as shall be deemed necessary by the airport,
WisDOT or FAA to indicate to the operators of aircraft in the vicinity
of the airport the presence of such airport hazards. Such markers
and lights shall be installed, operated and maintained at the expense
of the City.
(3)
Removal by purchase. This section shall not interfere
with the removal of nonconforming uses by purchase or the use of eminent
domain.
F.
Permits and variances.
(1)
Future uses. No conditional or prohibited land uses
(District AR) nor any structure or tree be erected, altered, planted
or otherwise established in District (HLZ) unless a permit therefor
shall have been applied for and granted. Each application for a permit
shall indicate the purpose for which the permit is desired, with sufficient
particularity to permit it to be determined whether the resulting
use, structure or tree would conform to the regulations herein prescribed.
Such permit application shall be to either the City of Rice Lake or
Barron County, as applicable.
(2)
Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed in Subsection F(1) authorizing such change, replacement or repair.
(3)
Exemptions. Height permits are not required for authorized
structures which are less than 35 feet in height above ground level
at the structure site.
(4)
Posting. Said permit shall be posted in a prominent
place on the premises prior to and during the period of construction,
erection, installation or establishment.
(5)
Nonconforming uses abandoned or destroyed. Whenever
the Community Development Department determines that a nonconforming
structure or tree has been abandoned or more than 50% torn down, physically
deteriorated or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise
deviate from these zoning regulations.
(6)
Variances. Any person desiring a variance in a permitted use shall be required to obtain a variance from such regulations from both the Airport Commission and the Rice Lake Zoning Board of Appeals. See § 260-121, Variances.
(7)
Hazard marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purpose of this section and is reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in
question to permit the City, at its own expense, to install, operate
and maintain thereon such markers and lights as may be necessary to
indicate to flyers the presence of an airport hazard.
G.
Penalties: per § 1-20 of the Code of Ordinances. In addition, the City shall have the right to injunctive relief to remedy any violations, and any person in violation hereof shall be responsible for all costs of enforcement, including attorneys' fees and costs.
H.
Severability. If any of the provisions of this section
or the application thereof to any persons or circumstances is held
invalid, such invalidity shall not affect other provisions or applications
of the section, which can be given effect without the invalid provision
or application, and to this end the provisions of this section are
declared to be severable.
I.
Conflicting regulations. Where there exists a conflict
between any of the regulations or limitations prescribed in this section
and any other regulations applicable to the same area, where the conflict
be with respect to the height of the structure or any other matter,
the more stringent limitations or requirements shall govern and prevail.
A.
Intent and purpose.
(1)
The Planned Unit Development (PUD) Zoning District
is intended to allow landowners greater flexibility in their developments
on a site and project basis to accommodate a variety of uses and configurations
for mixed-use developments and clustering of buildings and the adjustment
of density, setbacks, lot width, size and coverage, bulk, height or
type of dwelling and other development standards where appropriate.
A Planned Unit Development (PUD) Zoning District development is a
mixed-use development to be constructed and maintained by a single
owner or group of owners acting through a corporation; located on
a single tract; planned as an entity and therefore acceptable for
development and regulation as one land use.
(2)
The purpose of this PUD Zoning District section is
to establish procedures and standards for such development within
the community, in order that one or more of the following objectives
may be attained:
(a)
Flexibility in design to take the greatest advantage
of natural land, trees, historical and other features.
(b)
Accumulation of areas of usable common open
space for recreation, preservation of natural amenities and provision
of community facilities.
(c)
Creation of a variety of residential and compatible
neighborhood arrangements that give the home occupant greater choice
in selecting types of environment and living units.
(d)
Clustering of one residential type for better
use of land and open space.
(e)
Allowance of sufficient freedom for the developer
to take a creative approach to the use of land and related physical
development, as well as utilizing innovative techniques to enhance
the visual character of the municipality.
(f)
Efficient use of land which may result in reduction
in development and maintenance costs of street and utility systems.
(g)
Establishment of criteria for the inclusion
of compatible associated uses to complement the residential areas
within the PUD.
B.
Permitted uses. This section will detail the accepted
permitted uses to be allowed in the PUD as defined in this chapter.
A building may be erected or used and a lot may be used or occupied
for any of the following purposes, alone or in combination with one
another, subject to the approval of the site development plan prepared
and reviewed in accordance with the provisions of this section.
(1)
Single-family dwelling units.
(2)
Two-family dwelling units.
(3)
Multiple-family dwelling units.
(4)
Condominiums subject to the requirements of Chapter
703, Wisconsin Statutes.
(5)
Common open spaces and recreation areas, including
natural unimproved land, recreational facilities, such as but not
limited to tot lots, playfields, swimming pools, tennis courts, ice
skating rinks, walking and bicycle trails, and other similar uses.
(6)
Nonresidential uses of a religious, public or semipublic,
cultural, educational or commercial character, subject to the following:
(a)
Such nonresidential uses shall be compatible
with and secondary to the primary residential uses and be integrated
into the overall site development plan.
(b)
The total area of such nonresidential uses in
the PUD shall not exceed 10% of the gross area of the zoning district.
(c)
A PUD shall have a minimum of 20 contiguous
acres before commercial uses are allowed.
(d)
No building permit for any nonresidential use
shall be issued prior to the complete construction of at least 60%
of the dwelling units within the PUD, except for building permits
modifying 50% or less of existing nonresidential uses.
C.
Accessory uses. Those uses commonly identified with
various residential and nonresidential commercial uses, such as accessory
buildings, off-street parking lots and loading areas in conformance
with standards outlined in the parking and access requirement section
of this chapter, and other similar uses are permitted accessory uses.
D.
Minimum parcel size. The minimum PUD parcel size area
allowed for various permitted uses shall be five contiguous acres.
F.
Height and setback requirements.
G.
Perimeter requirements. The PUD perimeter shall be
designed and used in such a way as to harmonize uses, scale, structure
heights, setbacks and mass with existing or planned adjacent or nearby
development. Reasonable provisions relating to lighting, landscaping,
screening, buffering, activity areas, land uses, setbacks, structure
height, width, length, orientation or similar characteristics of the
development may be imposed to assure this compatibility.
H.
Building spacing requirements. The minimum spacing
allowed between buildings shall not be less than required by the applicable
building codes.[1] However, greater distances may be required, taking into
consideration the need for privacy, light and ventilation, fire and
safety, traffic circulation and open space.
I.
Building architecture requirements. Developers shall,
when required, incorporate architectural control provisions in the
protective covenants for the PUD in an effort to maintain long-term
property values and the architectural integrity of the development.
K.
Vehicular and pedestrian access requirements.
(1)
The site development plan shall provide for suitable
vehicular and pedestrian access to the PUD. Principal vehicular access
points shall be designed to permit smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic.
Minor streets within the PUD shall not be connected to streets outside
the development area in such a way as to encourage their use by through
traffic.
(2)
All nonresidential land uses within a PUD shall have
direct access to a primary street in order to avoid excessive traffic
generation in residential sections of such development.
L.
Landscaping, screening, fencing and buffering requirements.
In order to protect the integrity of a PUD, and where deemed necessary
to provide protection to adjacent properties, landscaping, screening,
fencing and buffering may be required as part of the site development
plan. If so required, a screening and landscape plan shall be submitted
for approval in conjunction with the final implementation plan approval
of each phase of the PUD review process. Landscape plans shall show
the location, species of plant material and the size of all plant
materials. Screening plans shall include typical details of fences,
berms and plant material to be used. Any desired fencing shall conform
to municipal requirements documented in this chapter.
O.
Sidewalk requirements. Sidewalks shall be required
for pedestrian and bicyclist usage in conformance with various federal
Americans with Disabilities Act (ADA) requirements and any city requirements.
P.
Common open space requirements. Common open space
shall be provided in the PUD Zoning District subject to the following
standards:
(1)
Since the PUD concept of development is intended to provide more functional open space and to make more efficient use of land, utilities and other improvements, at least 25% of the total gross land area of the zoning district, exclusive of areas listed in Subsection P(4) of this section, shall be permanently reserved as common open space.
(2)
Common open space may be held in common, be privately
owned or dedicated to the public, or any combination thereof. Any
land dedicated to the public must be officially accepted by the Common
Council before such dedication becomes valid. Land dedicated to the
public may, upon Common Council approval, be considered part of the
required open space area for the PUD.
(3)
Common open space areas shall be designed creatively,
add to the overall appearance and aesthetic qualities of the PUD and
be truly functional in providing for the open space and recreational
needs of the residents of the PUD.
(4)
The following areas shall not be included in calculating
the minimum required amount of common open space for the PUD:
(a)
Open spaces less than 10 feet wide, unless approved
by the Plan Commission as a common pathway system.
(b)
Existing or proposed street rights-of-way (ROWs).
(c)
Parking areas and driveways.
(d)
Building sites, unless used for recreational
purposes.
(e)
Other unsuitable land as determined by the Plan
Commission.
(5)
Up to 25% of the required common open space may consist
of designated floodway, the surface area of the water bodies and/or
areas having slopes greater than 30%, only if the Plan Commission
finds that said areas are:
(6)
Common open space areas shall be distributed equitably
throughout the PUD in relation to the location of the dwelling units
they are intended to serve.
(7)
The Plan Commission may require a reasonable area
of the common open space to be developed and improved for active recreational
use commensurate with the anticipated need for such private recreational
facilities by the intended future occupants of the dwelling units
in the PUD.
(8)
In the case of a PUD being developed in phases, at
least 20% of the gross area of each phase of the PUD (subject to site
development plan approval) shall be reserved for open space at all
times unless the Plan Commission allows such requirement to be waived.
(9)
At the time of site development plan approval, provision
must be demonstrated for the ownership and perpetual care and maintenance
of all common open space areas. Areas designated as common open space
shall be permanently reserved as such, using appropriate legal instruments
as approved by the City Attorney, at the time of site development
plan approval. Covenants or other legal arrangements shall specify
ownership of the common open space, method of maintenance, responsibility
for maintenance, maintenance taxes and insurance, compulsory membership
and assessment provisions, guaranties that any entity formed to own
and maintain the common open space will not be dissolved without the
consent of the Common Council and any specifications deemed reasonably
necessary by the governing body.
(10)
If the common open space contains buildings
or other facilities as part of the site development plan, the developer
shall provide legal arrangements or sureties as a part of the site
development plan submittal, as approved by the City Attorney, to assure
that such improvements are completed.
Q.
Failure to maintain common open space. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the city may initiate actions in accordance with regulations as provided for in Rice Lake's 1999 Code of Ordinances for Public Nuisances, known as Chapter 135, or in accordance with Subsection R below, whichever is more applicable.
R.
Proprietary ownership, private associations, private
infrastructure placement, and agreement with City of Rice Lake.
(1)
The property owner or developer, during site development
plan review, must provide to the city written documentation as to
the proprietary ownership of the PUD being requested for development.
Such written documentation shall also declare whether such PUD will
be assessable under Wisconsin statutes or will make payments in lieu
of taxes. Should the requested PUD be held by a private association,
a written declaration and covenants associated with such relationship
shall be made known to the City of Rice Lake.
(2)
Should the property owner or developer, in connection
with any private association, desire the development of private infrastructure
improvements and related amenities, such shall be declared in writing
during site development plan review. Development of such private infrastructure
improvements and related amenities may include but not be limited
to streets, outdoor streetlights, sidewalks, trails, snowplowing,
maintenance of such infrastructure and the like. The City of Rice
Lake, as a condition to any and all placement of private infrastructure
within the requested PUD, shall require from the property owner, developer
or private association a written agreement that should such private
enterprise fail by means established by legal process, that an option
be granted to the municipality that will empower it to have full ownership
over private infrastructure improvements, including the right to special
assess such to bring them to level of urban infrastructure development
expected within the community. Any agreements reached between the
property owner, developer, private association and the City of Rice
Lake in reference to covenants, easements, options or rights shall
be recorded with the Barron County Register of Deeds.
S.
Procedures for establishment of a Planned Unit Development
(PUD) Zoning District. Any property owner, developer or multiparty
arrangement thereof (or "the applicant") shall notify the city's Community
Development Department of its intent to establish such in either an
existing area zoned as such or by means of rezoning a parcel of property
for the establishment of such a zoning district. Application for rezoning
of a property parcel to the PUD Zoning District must occur before
or concurrently with discussion of any site development plans for
such area. The PUD process shall involve three stages of activity,
namely: preapplication conference; site development plan; and final
development plan.
T.
Preapplication conference requirements.
(1)
The purpose of the preapplication conference is to
provide a two-way communication between the applicant and city administrative
staff regarding the legal, planning and engineering aspects of the
desired development. Accordingly, the applicant shall submit sketches
and other pertinent information to the Community Development Department
for review and discussion by other municipal departments prior to
submittal of a site development plan. Sketches shall include the entire
area of the proposed PUD, even if the PUD is to be developed in phases.
(2)
A preapplication meeting will be held to consider
the following: success in achieving the purposes of the PUD Zoning
District ordinance requirements; adequacy of public and private services
and facilities; ability to conform with all applicable codes, ordinances
and policies; utilization of commonly accepted principles of good
site planning; and consistency with the Master Plan.
(3)
Submittal requirements for the site development plan
will be reviewed as part of the preapplication conference. A submittal
item may be waived as part of this review if determined to be not
needed, already known or needed at a future stage.
U.
Site development plan requirements.
(1)
Upon completion of the preapplication conference,
the applicant may file a site development plan for review with the
Community Development Department. The purpose of the site development
plan review is to establish the framework for future development of
the PUD in terms of timing, overall building layout and site design,
land uses, density or intensity of development, traffic circulation/access,
off-street parking, stormwater drainage, general utility locations,
common open space, location and management of common areas, general
landscaping treatment and similar development components.
(2)
The site development plan should include the entire
area of the intended PUD, even if the PUD is to be developed in stages.
All subsequent final implementation plans for such area shall be in
conformance with the approved site development plan. The site development
plan may be amended using the same procedure for the initial site
development plan approval. Submittal requirements for a site development
plan shall include all the requirements so documented by this chapter.
Upon receipt of the site development plan with all necessary information
called for by this chapter, such shall be reviewed and discussed between
the city administrative staff and the applicant to ensure that the
proposed PUD complies with all codes, ordinances and policies of the
City of Rice Lake.
(3)
The applicant shall submit for site development plan
review the following:
(a)
A statement of development concept, including
the planning objectives and the character of development to be achieved
through the PUD.
(b)
A scaled map of the project area, including
its relationship to surrounding properties and existing topography
and key features.
(c)
The pattern of proposed land use, including
shape, size and arrangement of proposed use areas, density and environment
character (meaning single-family, two-family or multifamily dwelling
units and the like).
(d)
The pattern of public and/or private streets.
(e)
The location, size and character of recreational
and open space areas reserved or dedicated for public uses, such as
recreational areas and common open space areas.
(f)
Preliminary engineering plans, including site
grading, street improvements, drainage and public utility extensions.
(g)
Preliminary landscaping plans.
(h)
Preliminary building plans, including floor
plans and exterior designs or elevations.
(i)
Development schedule indicating the appropriate
date when construction of the PUD can be expected to begin and be
completed, including initiation and completion dates of separate stages
of a phased development.
(j)
General outline of intended organization structure
related to property owners' association, deed restrictions and private
provision of common services.
(k)
Statement of financing plan, including sources
and amounts of funds.
(l)
Statement of intentions regarding the future
selling or leasing of all or portions of the PUD, such as areas, dwelling
units and public facilities and the like.
(m)
Any additional information required by the Plan
Commission necessary to evaluate the character and impact of the proposed
PUD.
(4)
Once city administrative staff have concluded their
review, as required by ordinance, to the applicability of the proposed
PUD to all municipal codes, ordinances and policies, such site development
plan may be forwarded to the Plan Commission for consideration. The
Plan Commission shall review the proposed site development plan in
the context of the requirements of this chapter and take into consideration
comments from the applicant, city administrative staff and any others.
The Plan Commission shall, within a period not to exceed 60 days,
make a decision as to whether or not it shall forward the site development
plan to the Common Council for approval or denial. The Plan Commission,
during its review of the site development plan, may have other reasonable
requirements for the proposal as a condition of its recommendation
of approval to the governing body. The Common Council shall have a
period not to exceed 60 days to approve or deny the Plan Commission
recommendation upon the proposed site development plan.
V.
Final development plan requirements.
(1)
Should the Common Council approve the proposed site development plan, a final development plan for all or a portion of the PUD shall be submitted to the city administrative staff within six months from the time of approval. Should a single phase of the PUD be submitted, the applicant submitting such may combine the site development plan and final development plan phases of the review process into a single final development plan, in which case review and approval of such plan shall occur using the procedure set forth in Subsection T above. The purpose of the final development plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance and timing aspects of the development. For this reason it is anticipated that a final development plan will normally be prepared only for those portions of a PUD which are expected to be developed in the immediate future.
(2)
The final development plan shall be in substantial
conformance with the approved site development plan. Should the final
development plan significantly deviate from the approved site development
plan, the applicant responsible shall submit a(n) amendment(s) for
approval by the Plan Commission and Common Council as set forth in
this chapter. Examples of such amendments to the PUD site development
plan include but are not limited to changes in the general layout
and design of the PUD; the area encompassed by the PUD; the overall
density of dwelling units; the number of dwelling units; the mix,
magnitude and intensity of residential or nonresidential types of
land uses; the parking and traffic circulation system; major features
of the common open space areas; and the like. No building permits
shall be issued for construction under the amended plan within the
PUD until any amendments are acted upon or the City of Rice Lake is
in receipt of such document.
(3)
Current uses as of June 28, 2005, the effective date
of this subsection, on property zoned PUD that do not have an approved
development plan are deemed permitted uses. Any substantial deviation
from or substantial expansion of the current use shall be subject
to approval of the Rice Lake Common Council.
[Added 6-28-2005 by Ord. No. 05-11]
W.
PUD implementation and enforcement requirements.
(1)
Should it be determined by city administrative staff
that the final development plan substantially conforms to the site
development plan as approved by the Plan Commission and Common Council,
such shall be recorded, along with any agreements, covenants, deeds
or the like, by the applicant requesting such development within 30
days with the Barron County Register of Deeds office. Said document(s)
shall identify the property as being part of a PUD which has been
approved by the Plan Commission and Common Council. The applicant
requesting the PUD shall furnish to the city evidence of such recording
prior to the commencement of any project phases. The final development
plan and any agreements, covenants, deeds or the like shall run with
the land and shall not lapse or be waived as the result of any subsequent
change in the tenancy or ownership of any or all of said land parcels.
Such conditions shall be deemed to be part of the building permit
issued for any use or structure within the PUD.
(2)
The applicant requesting the PUD shall have 12 months
to begin construction of the PUD or a certain phase of it, from the
actual date of the recording of the final development plan and any
other relevant documents with the Barron County Register of Deeds
office. If the applicant fails to commence with construction of the
PUD within the twelve-month time period, an extension for another
12 months may be granted for good cause by the Common Council. Should
the applicant, after Common Council approval for any extension, fail
to undertake construction within the twelve-month time period, such
shall be cause for the entire PUD planning process to begin anew by
the requirements outlined in this chapter.
(3)
If it is determined that the construction of the PUD
does not comply with the final development plan and any agreements,
deeds, covenants and the like, the applicant requesting such PUD shall
be ordered, in writing, to appear before the Plan Commission to explain
such actions. The Plan Commission, in consideration of the issue,
may request at a minimum that the applicant in violation discontinue
such nonconformance activity and, if the violation is not rectified
in a timely manner, may recommend to the Common Council the termination
of the PUD final development plan project.
X.
PUD zoning amendment and site development plan fees.
The City of Rice Lake's fee requirements are set by the Common Council
and established in the City's annual budget in a fee schedule.
Y.
Severability. Invalidation of any part or parts of
this section by judgment by a court of competent jurisdiction shall
in no way affect any of the other provisions hereof which shall remain
in full force and effect.
