[HISTORY: Adopted by the Town Board of the
Town of Vernon 5-16-1996 by Ord. No. 38. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meaning indicated:
Includes both the main portion of any building on the premises,
including accessory buildings, and all projections and extensions
thereof, including but not limited to platforms, docks, eaves, canopies,
walls and opaque visual screens.
Any lot or contiguous lots or portion(s) thereof within the
development upon which buildings may be erected and used under the
same ownership in conformance with these covenants and the statutes,
regulations, codes and ordinances of the State of Wisconsin, County
of Waukesha, and Town of Vernon.
Town of Vernon Zoning Districts which are B-1, B-2, B-3,
B-4, B-P, I-1, P-1, and Agricultural Business Zoning Districts and
Waukesha County Shoreland and Floodland Protection Ordinance Zoning
Districts which are B-1, B-2, B-3, B-4, B-P, M-1, M-2, P-1, and Agricultural
Business Zoning Districts.
[Amended 6-1-2017 by Ord. No.
2017-01]
Certain uses and situations which are of such a special nature
or are so dependent upon current circumstances as to make impractical
the predetermination of permissibility, or the detailing in this chapter
of specific standards, regulations, or conditions which would permit
such determination in each individual situation.
A special or unique situation, excluding a change in use
or a use prohibited in a zoning district, which may be authorized
by the Plan Commission and which may justify the waiver of the regulations
applicable thereto and does not necessarily require the demonstration
of an unnecessary hardship or practical difficulty.[1]
The exterior and externally visible opaque surfaces.
The Plan Commission or such other committee of the Town of
Vernon authorized to review and approve land use planning.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
Any truck requiring a state license plate other than "A,"
"B" or "C" is defined as a truck for purposes of this chapter.
All persons, firms or associations seeking to
use property for industrial or commercial purposes, whether by zoning
permit or conditional use or any other way, shall file an application,
site plan, plan of operation and building plans with the Town Clerk.
No person, firm or association shall use or own any property for commercial
or industrial purposes without obtaining the prior permission of the
Plan Commission. Such use shall strictly conform to the Plan Commission's
approval.
A site plan shall include building site and
location, existing and proposed grades, parking area and surfacing,
lighting, signage and location of signs, flow of traffic, vegetative
cover, landscaping plan and surface water drainage, construction site
erosion control practices, sanitary facilities and septic system,
any outside storage or refuse container and any other items the Plan
Commission feels are necessary for its review. It may also be deemed
appropriate that anticipated completion dates are supplied in the
site plan.
The Plan Commission shall review the application
and site plan and approve, conditionally approve or deny the application
based upon the following minimum standards:
A.
Primary structures.
(1)
Primary structures shall be designed by an architect
or engineer. No side, elevation or facade of a building or structure
is exempt from public view, consequently, all sides, elevations, or
facades of all buildings and structures shall be visually pleasing
and architecturally and aesthetically compatible with structures on
contiguous parcels. Building materials will be selected for their
ability to present a visual statement of a building structure's strength,
attractiveness and permanence. The building materials used shall be
harmonious with the natural environment and with the general character
of other buildings and structures in the area.
(2)
The majority of exterior and externally visible opaque
surfaces shall be constructed of not more than three of the following
types of materials (provided, however, that such list shall not be
deemed to exclude the use of other accent or exterior trim materials,
glass and glazing, and earth beams):
(a)
Brick.
(b)
Architectural precast concrete panels.
(c)
Decorative concrete block.
(d)
Cut stone.
(e)
Exterior insulation and finish systems such
as Drivit or Sunalar.
(f)
Wood.
(g)
Refinished metal siding (for not more than 33 1/3%
of the exterior wall area of the total structure). Metal trim material
may be used when in keeping with the architectural and aesthetic character
of the building or structure but is not included in the 33 1/3%.
(h)
Other building materials being developed, and
to be developed, by the construction industry. The use of such materials
will be reviewed by the Plan Commission on a case-by-case basis.
(3)
Commercial buildings must have cement footings and
frost-free wall foundations.
B.
Parking. All parking shall be constructed in accordance
with applicable zoning ordinance requirements. Overnight parking of
campers, mobile homes, boats, trailers and similar vehicles is prohibited
unless prior written approval is obtained from the Plan Commission.
Overnight parking of trucks and service vehicles shall be behind landscape
screening so as not to be visible from the roadway unless prior written
approval is secured from the Plan Commission. Site plan and plan of
operation must include numbers and particular types of vehicles to
be parked in each site and must be approved by the Plan Commission.
No parking will be allowed within 20 feet of any property line.
C.
Impermeable surface. No site plan shall have more
than 65% of impermeable surface, buildings, pavement or other covering
material which is impervious to surface water absorption.
D.
Utilities. All utilities, including all electrical
and telephone connections and other installations of wires, shall
be underground from the nearest available source. No transformer,
electric, gas or other meter of any type or other apparatus shall
be located on any power pole. All transformers and meters shall be
placed and located in compliance with utility company regulations
and shall be adequately screened or fenced; all such installations
shall be included in and approved as a part of the application and
site plan approval.
E.
Loading docks. All outside loading docks must be screened
from view from the street and adjacent residential use by berm and/or
landscaping as approved by the Plan Commission and in accordance with
the applicable zoning ordinance regulations.
F.
Storage. No articles, goods, materials, finished or
semi-finished products, incinerators, storage tanks, refuse containers
or like equipment shall be kept outdoors or exposed to public view,
or to view from adjacent buildings. A variance may be granted upon
written application and prior approval of the Plan Commission. In
the event that such approval is granted, such material shall be screened
from view by completely opaque screens in a manner approved by the
Plan Commission, and under no circumstances shall such storage occur
within 40 feet of any street. Garbage and refuse containers shall
be screened from view from the street and neighboring facilities.
The proposed location of all storage and all garbage containers shall
be shown on the application and site plan submitted for approval.
G.
Fuels or chemicals. No fuels or chemicals shall be
stored in the ground or above the ground unless such storage complies
with all applicable federal, state and local laws and regulations.
H.
Temporary structures. No temporary structures or trailers
are to be permitted without prior approval of the Plan Commission,
including those belonging to construction companies during periods
of construction.
I.
Secondary structures. No water tower, storage tank,
processing equipment, solar collector, telecommunication equipment,
cooling tower, appurtenances such as air-conditioning units or water-cooling
units or other auxiliary structure or outside equipment shall be constructed,
erected or placed without prior approval of the Plan Commission.
J.
Parking areas. All parking surfaces, roadways, driveways
and loading areas shall be paved with a bituminous or concrete surface
within six months after occupancy of the site, unless extended by
the Plan Commission.
K.
Driveways and loading areas. Driveways and loading
areas shall be large enough to accommodate all vehicles maneuvering
on the site.
L.
Fencing. No fencing should be established on any site
without prior approval of the Plan Commission.
The Plan Commission shall require that a letter
of credit in an amount equal to the cost of landscaping, paving, grading
and surface drainage, with terms acceptable to the Town Attorney,
be provided to the Town pursuant to the site plans approved by the
Plan Commission, to assure that landscaping, drainage and paving work
are installed as approved and completed within six months of occupancy,
unless extended by the Plan Commission.
The Plan Commission may grant an exception, as defined in § 144-1 of this chapter.
