[Amended 10-4-2006 by Ord. No. 2006-11; 5-7-2008 by Ord. No.
2008-8; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
A.
For the
purpose of this chapter, present and future, provision is hereby made
for the division of the Town of Cedarburg into the following basic
zoning districts:
[Amended 10-7-2009 by Ord. No. 2009-16]
|
R-1
|
Single-Family Residential District
| |
|
R-2
|
Single-Family Residential District
| |
|
R-3
|
Single-Family Residential District
| |
|
B-1
|
Neighborhood Business District
| |
|
B-2
|
Planned Business District
| |
|
B-3
|
Business District
| |
|
M-1
|
Industrial District
| |
|
M-2
|
Planned Industrial and Mixed-Use District
| |
|
M-3
|
Quarrying District
| |
|
A-1
|
Agricultural District
| |
|
A-2
|
Prime Agricultural District
| |
|
C-1
|
Conservancy District
| |
|
P-1
|
Public and Private Park District
| |
|
E-1
|
Estate District
| |
|
CR-A
|
Countryside Residential A District
| |
|
CR-B
|
Countryside Residential B District
| |
|
TR
|
Transitional Residential District
| |
|
TR-2
|
Transitional Residential 2 District
|
B.
Rezoning
of lands from agricultural to residential districts. E-1 Estate District,
CR-A Countryside Residential A, CR-B Countryside Residential B and
TR-2 Transitional Residential 2 are the only residential zoning districts
which are allowed when a petition is submitted for the rezoning of
lands from an agricultural to a residential zoning district.
C.
In order
for prime agricultural land to be rezoned for residential development,
the Plan Commission must find that:
(1)
Adequate
facilities in accordance with all Town requirements and ordinances
exist or will be provided within a reasonable period of time; and
(2)
The
land proposed for rezoning is suitable for development, and development
will not result in undue water and air pollution, cause unreasonable
soil erosion, or have an unreasonably adverse effect on rare or irreplaceable
natural resources.
Vacation of public streets and alleys shall
cause the land vacated to be automatically placed in the same district
as the abutting side to which the vacated land reverts.[1]
[1]
Editor's Note: Original § 10-1-31(b),
Annexations, which immediately followed this section, was deleted
10-4-2006 by Ord. No. 2006-11.
A.
Zoning districts. The Town of Cedarburg is hereby
divided into zoning districts as shown upon a map designated as the
Official Zoning Map of the Town of Cedarburg and made a part of this
chapter. The Official Zoning Map and all the notations, references
and other information shown thereon are a part of this chapter and
shall have the same force and effect as if the matters and information
set forth by said map were fully described herein. The Official Zoning
Map shall be properly attested and kept on file along with the text
of the Official Zoning Regulations in the office of the Town Administrator
of the Town of Cedarburg.
B.
District boundaries. The district boundaries shall
be determined by measurement from and as shown on the Official Zoning
Map, and in case of any question as to the interpretation of such
boundary lines, the Town Board shall interpret the map according to
the reasonable intent of this chapter. Unless otherwise specifically
indicated or dimensioned on the map, the district boundaries are normally
lot lines; section, quarter section or sixteenth section lines; or
the center lines of streets, highways, railways or alleys.
Where uncertainty exists as to the boundaries
of districts as shown on the Zoning Map, the following rules shall
apply:
A.
Center lines. Boundaries indicated as approximately
following the center lines of streets, highways or alleys shall be
construed to follow such center lines.
B.
Lot lines. Boundaries indicated as approximately following
platted lot lines shall be construed as following such lot lines.
C.
Town boundaries. Boundaries indicated as approximately
following Town boundaries shall be construed as following municipal
boundaries.
D.
Railroad lines. Boundaries indicated as following
railroad lines shall be construed to be midway between the main tracks.
E.
Shorelines. Boundaries indicated as following shorelines
shall be construed to be 50 feet from the banks of bodies of water
or perennial streams and 50 feet from the banks of intermittent streams.
F.
Feature extensions. Boundaries indicated as parallel
to or extensions of features indicated in the preceding shall be so
construed. Distances not specifically indicated on the Zoning Map
shall be determined by the scale of the map.
A.
Principal use: one-family dwellings on land that currently
exists in this zoning classification. No other lands not already zoned
R-1 shall be rezoned to the same.
[Amended 10-4-2006 by Ord. No. 2006-11]
C.
D.
Building area: minimum 1,800 square feet with at least
1,200 square feet on the first floor of two-story residences.
E.
Building height: maximum 35 feet.
G.
Nonaccess
planting strip: A minimum forty-foot-wide nonaccess planting strip
easement is required for new major land divisions effective June 1,
2022, when the lots are adjacent to a public road. This easement applies
only to land abutting the public road.
[Added 6-1-2022 by Ord. No. 2022-4]
A.
Principal use: one-family dwellings on land that currently
exists in this zoning classification. No other lands not already zoned
R-2 shall be rezoned to the same.
[Amended 10-4-2006 by Ord. No. 2006-11]
C.
D.
Building area: minimum 1,500 square feet with at least
1,000 square feet on the first floor of two-story residences.
E.
Building height: maximum 35 feet.
G.
Nonaccess
planting strip: A minimum forty-foot-wide nonaccess planting strip
easement is required for new major land divisions effective June 1,
2022, when the lots are adjacent to a public road. This easement applies
only to land abutting the public road.
[Added 6-1-2022 by Ord. No. 2022-4]
A.
Principal uses: one-family dwellings on land that
currently exists in this zoning classification. No other lands not
already zoned R-3 shall be rezoned to the same.
[Amended 10-4-2006 by Ord. No. 2006-11]
C.
D.
Building area: minimum 1,200 square feet with at least
1,000 square feet on the first floor of two-story residences.
E.
Building height: maximum 35 feet.
G.
Nonaccess
planting strip: A minimum forty-foot-wide nonaccess planting strip
easement is required for new major land divisions effective June 1,
2022, when the lots are adjacent to a public road. This easement applies
only to land abutting the public road.
[Added 6-1-2022 by Ord. No. 2022-4]
[Amended 12-5-2001 by Ord. No. 2001-21; 11-6-2002 by Ord. No. 2002-11; 10-6-2004 by Ord. No. 2004-9; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9]
A.
Statement of purpose. The B-1 Neighborhood Business 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 which are compatible with the character of the surrounding area. If the business is located within the Five Corners Master Plan area, the building construction and materials shall be consistent with the Five Corners Master Plan. Applicable new developments and/or new structures shall comply with the design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
Principal uses: drug stores, delicatessens, florists,
business and professional offices.
C.
Conditional uses:
(1)
Bakeries, banquet facilities, barbershops, bars, beauty
shops, clinics, clothing stores, cocktail lounges, confectioneries,
fish markets, florists, fruit stores, gift stores, grocery stores,
hardware stores, hobby shops, laundry, lodging, meat markets, optical
stores, packaged beverage stores, private athletic clubs, self-service
and pickup laundry and dry-cleaning establishments, soda fountains,
sporting goods, supermarkets, tobacco stores, vegetable stores, and
restaurants.
[Amended 8-4-2010 by Ord. No. 2010-13; 9-2-2015 by Ord. No. 2015-10]
(2)
Existing residences shall comply with all the provisions
of the R-3 Residential District.
(3)
Residential dwellings may be allowed in this zoning
classification, even without having a retail component, with a valid
conditional use permit issued by the Town Board
(4)
A
single residential unit to be used by the owner of the building or
by the operator of a business in the same or contiguous building of
the business.
E.
Building height: maximum 35 feet.
[Amended 2-7-2001 by Ord. No. 2001-1; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9]
A.
Statement of purpose. The B-2 Planned Business District is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices, and service establishments serving the daily needs of the surrounding local community area. The size and location of such districts shall be based upon community need, adequate customer potential, adequate traffic circulation, and other related facilities, and of potential contribution to the economic welfare of the community. If the business is located within the Five Corners Master Plan area, the building construction and materials shall be consistent with the Five Corners Master Plan. Applicable new developments and/or new structures shall comply with the design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
Principal uses: financial institutions, appliance
stores, furniture stores.
C.
Conditional uses.
(1)
Clothing repair shops, department stores, electrical
supply, food lockers, hotels, laundry and dry-cleaning establishments
employing not over seven persons, liquor stores, music stores, newspaper
offices and press rooms, nightclubs, office supplies, pawn shops,
personal service establishments, massage establishments, pet shops,
photographic supplies, places of entertainment, plumbing supplies,
printing, private clubs, private schools, publishing, radio and television
broadcasting studios, secondhand stores, variety stores
[Amended 10-4-2017 by Ord. No. 2017-6]
E.
Building height: maximum 45 feet.
G.
Residential
accessory structures. Properties within this zoning district that
have an existing residential use are allowed accessory structures
accompanying the residential use that must follow the regulations
of the R-1 Single-Family Residential District.
[Added 7-1-2020 by Ord. No. 2020-5]
[Amended 3-1-2000 by Ord. No. 2000-8; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9]
A.
Statement of purpose. The B-3 Business District is intended to provide for commercial or light manufacturing activities of a general retail and wholesale nature, so long as they are not offensive to the surrounding area by virtue of dust, noise, smoke, traffic, physical appearance or other similar facts, generally within the purview of light manufacturing, as determined by the Plan Commission of the Town of Cedarburg. If the business is located within the Five Corners Master Plan area, the building construction and materials shall be consistent with the Five Corners Master Plan. Applicable new developments and/or new structures shall comply with the design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8]
B.
Principal uses: professional offices, retail shops
and stores.
C.
Conditional uses:
(1)
Business
offices, general merchandising establishments, general wholesaling
establishments, automotive body repair, cleaning, commercial greenhouses,
community service facilities, distributors, farm machinery sales and
service, food locker plants, general warehousing or warehousing in
connection with any principal use, laboratories, laundry, pressing
and dyeing establishments, trade and contractor's offices, printing
and publishing, storage and sale of machinery and equipment, studios,
tool and die design and production, transportation terminals, upholstery,
woodworking shops not requiring outside dust collection equipment,
and day care.
[Amended 8-3-2011 by Ord. No. 2011-5; 5-3-2017 by Ord. No. 2017-3; 3-2-2022 by Ord. No. 2022-1]
E.
Building height: maximum 45 feet.
A.
Principal uses.
(1)
Automotive body repairs.
(2)
Upholstery.
(3)
Cleaning.
(4)
Pressing and dyeing establishments.
(5)
Commercial bakeries.
(6)
Commercial greenhouses.
(7)
Distributors.
(8)
Farm machinery.
(9)
Food locker plants.
(10)
Laboratories.
(11)
Machine shops.
(12)
Manufacture and bottling of nonalcoholic beverages.
(13)
Painting.
(14)
Printing.
(15)
Publishing.
(16)
Sale of machinery and equipment.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(17)
Professional offices.
[Amended 11-7-2001 by Ord. No. 2001-16]
(18)
Trade and contractors' offices not less than
5,000 square building feet per office.
[Amended 3-2-2022 by Ord. No. 2022-1]
(19)
Warehousing not less than 5,000 square feet
building per business.
[Amended 3-2-2022 by Ord. No. 2022-1]
(21)
Manufacture, fabrication, processing, packaging
and packing and assembly of:
(22)
Wholesaling.
[Added 3-2-2022 by Ord. No. 2022-1]
D.
Building height: maximum 45 feet.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9; 10-7-2009 by Ord. No. 2009-16]
A.
Statement of purpose. The M-2 Planned Industrial and Mixed-Use District is intended to provide for the continuation of the Town of Cedarburg’s traditional single use Planned Industrial District, while including additional single and mixed uses. This possible mixture of uses is intended to implement the Town Comprehensive Plan, as well as the Five Corners Master Plan, which specifies the creation of a vibrant and pedestrian-friendly “town center,” featuring a mixture of uses. Projects will result in orderly and attractive development at appropriate locations, including but not limited to existing commercial activities of general retail and wholesale, office, and service facilities serving a larger community area, as well as new single or mixed-use activities in and around the Five Corners Master Plan area and Five Corners Business District, as identified in the Comprehensive Plan. Mixed-use developments will contain at least a combination of two of the following general types of development: commercial, single-family homes and or multifamily condominium residential, industrial, institutional and/or public. Any new development, redevelopment or infill taking place in the M-2 district shall be consistent with the Five Corners Master Plan. Applicable new developments and/or new structures shall comply with the design standards as set forth in § 320-10J of this Zoning chapter.
[Amended 8-6-2014 by Ord. No. 2014-8; 3-2-2022 by Ord. No. 2022-1]
(1)
Principal
uses: professional offices, trade and contractor’s offices not
less than 5,000 square building feet per office, storage and sale
of machinery equipment, single-family homes and multifamily condominium
residential, and commercial retail. Any single structure greater than
30,000 square feet shall be subject to the conditional use permit
process.
[Amended 3-2-2022 by Ord. No. 2022-1]
(2)
Conditional
uses:
(a)
Automotive body repairs, upholstery, cleaning, pressing and dyeing
establishments, commercial bakeries, commercial greenhouses, distributors,
farm machinery, food locker plants, laboratories, machine shops, manufacture
and bottling of nonalcoholic beverages, painting, printing, publishing,
warehousing not less than 5,000 square feet building per business;
wholesaling; manufacture, fabrication, packing, packaging and assembly
of products from: furs, glass, leather, metals, paper, plaster, plastics,
textile, wood; manufacture, fabrication, processing, packaging and
packing and assembly of: confections, cosmetics, electrical appliances,
electrical devices, food (except cabbage, fish and fish products,
meat and meat products and pea vining); instruments, jewelry, pharmaceuticals,
tobacco, toiletries; freight yards, freight terminals and transshipment
depots, breweries and crematories, existing nonmetallic mining operations,
and indoor recreational and indoor athletic facility.
[Amended 11-6-2013 by Ord. No. 2013-14; 12-4-2013 by Ord. No.
2013-17; 3-2-2022 by Ord. No. 2022-1]
(b)
Existing residences shall comply with all the provisions of the R-3
Residential District.
B.
Single-use industrial, commercial, residential or institutional/public
development. Single-use developments in the M-2 District, regardless
of property location within the Town, shall be consistent with the
Five Corners Master Plan, and shall be subject to binding Town design
guidelines and landscaping or other requirements as required by the
Town Board.
(1)
Area: minimum 1/2 acre.
[Amended 6-6-2012 by Ord. No. 2012-12]
(2)
Lot frontage: minimum 100 feet, or less than 100 feet with a minimum
average lot width of 300 feet.
(5)
Building area for residential units: minimum 1,500 square feet.
(6)
Residential density. The total number of residential units permitted
is equal to 50% of the total acreage; if the number is not a whole
number, the number of units permitted shall be rounded up to the nearest
whole number. There shall be no more than four residential dwelling
units per structure, and no more than one structure may be located
on any one acre of land. The Town Board may, upon recommendation from
the Plan Commission, grant bonus residential units. To qualify for
bonus unit consideration, the developer must install public amenities
(to be privately maintained) available to residents of the development,
as well as the greater community, that increase the utility and appearance
of the development. The maximum number of bonus units the Town Board
may award is one unit per 10 acres of development area (gross contiguous
land owned and a part of the development), with a maximum of four
bonus units for any development. The bonus units may be attached to
any structure, even if that results in more than four residential
units in any one structure. The following criteria may be used when
evaluating whether or not bonus units shall be awarded (other items
may be considered):
(a)
Preserving, rehabilitating, or reusing historical buildings
and structures, including those sites inventoried by the State Historical
Society of Wisconsin. The developer may also install new structures
to imitate historical structures (barns, etc.) or otherwise enhance
Town history.
(b)
The installation of a public feature, such as a fountain, plaza
or square.
(7)
Industrial, commercial, institutional/public density. There are no
density requirements. Structures larger than 30,000 square feet shall
be subject to the conditional use permit process.
C.
Mixed-use development. Mixed-use developments shall contain at least
a combination of two of the following general types of development:
commercial, single-family homes or multifamily condominium residential,
industrial, institutional and/or public. All mixed-use development
projects in the M-2 District, regardless of property location within
the Town, shall be consistent with the Five Corners Master Plan, and
shall be subject to the binding Town design guidelines and landscaping
or other requirements as required by the Town Board.
(1)
Area: minimum one acre.
(2)
Lot frontage: minimum 100 feet, or less than 100 feet with a minimum
average lot width of 300 feet.
(3)
Building height:
(5)
Building area for residential units: minimum 1,500 square feet.
(6)
Residential density. The total number of residential units permitted
is equal to 50% of the total acreage; if the number is not a whole
number, the number of units permitted shall be rounded up to the nearest
whole number. There shall be no more than four residential dwelling
units per structure, and no more than one structure may be located
on any one acre of land. The Town Board may, upon recommendation from
the Plan Commission, grant bonus residential units. To qualify for
bonus unit consideration, the developer must install public amenities
(to be privately maintained) available to residents of the development,
as well as the greater community, that increase the utility and appearance
of the development. The maximum number of bonus units the Town Board
may award is one unit per 10 acres of development area (gross contiguous
land owned and a part of the development), with a maximum of four
bonus units for any development. The bonus units may be attached to
any structure, even if that results in more than four residential
units in any one structure. The following criteria may be used when
evaluating whether or not bonus units shall be awarded (other items
may be considered):
(a)
Preserving, rehabilitating, or reusing historical buildings
and structures, including those sites inventoried by the State Historical
Society of Wisconsin. The developer may also install new structures
to imitate historical structures (barns, etc.) or otherwise enhance
Town history.
(b)
The installation of a public feature, such as a fountain, plaza
or square.
(7)
Industrial, commercial, institutional/public density. There are no
density requirements. Structures larger than 30,000 square feet shall
be subject to the conditional use permit process.
D.
A general development plan (GDP) shall accompany the building permit
application, along with the appropriate GDP review fee as established
in the Town fee schedule, that contains useful information to the
relationship of the proposed single or mixed use development to the
Town's Comprehensive Plan, Five Corners Master Plan, and the binding
Town design guidelines, as well as the general character of and the
uses to be included in the development, including the following:
(1)
Total area to be included in the development, area of open space,
residential density computations, proposed number of dwelling units
and number of structures per acre of land, population analysis, availability
of or requirements for municipal services and other similar data pertinent
to a comprehensive evaluation of the proposed development.
(2)
A general summary of the estimated value of structures and site improvement
costs, including landscaping and special features.
(3)
A general outline of the organizational structure of a property owners'
or management association which may be proposed to be established
for the purpose of providing any necessary private services.
(4)
Any proposed departures from the standards of development as set forth in this chapter, Chapter 184, Land Division, of this Code, other Town regulations or administrative rules, or other universal guidelines.
(5)
The expected date of commencement of physical development as set
forth in the proposal and also an outline of any development staging
which is planned.
(6)
A legal description of the boundaries of the subject property included
in the proposed development and its relationship to surrounding properties.
(7)
The location of public and private roads, driveways, sidewalks and
parking facilities.
(8)
The type, size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
(9)
The location of open space areas and areas reserved or dedicated
for public uses, including schools and parks.
(10)
Materials sample board(s) depicting samples of all proposed
exterior materials and colors.
(11)
Landscape plan prepared by a registered landscape architect
depicting the entire site and pertinent adjacent areas that identifies
the location, quantity, common name, botanical name, and size when
planted of all plants and sod/seeded lawn areas. The landscape plan
shall also include the total site area in acres and square feet, and
the percentage of the site that is landscaped. Any existing trees
should be accurately located and the species and size indicated (color
exhibit).
(12)
Exterior lighting plan depicting all exterior lighting fixtures
and related details, including, but not limited to, pole, ground and
wall-mounted lighting, including photometric analysis.
(13)
Roof plan depicting any mechanical equipment.
(14)
If applicable, a sign plan including, but not limited to, all
ground and wall-mounted signs (color exhibit).
(15)
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
(16)
The existing and proposed location of all private utilities
or other easements.
(17)
Characteristics of soils related to contemplated specific uses.
(18)
Existing topography on the site with contours at no greater
than two-foot intervals.
(19)
Anticipated uses of adjoining lands in regard to roads, surface
water drainage and compatibility with existing adjacent land uses.
(20)
A plan showing how the entire development can be further subdivided
in the future.
E.
Plan Commission and Town Board review. The building permit application
and completed general development plan for a single or mixed-use development
shall be referred to the Plan Commission for its review and recommendation
to the Town Board.
(1)
Recommendation. The Plan Commission, in making recommendations for
approval, and the Town Board, in making a determination approving
a petition for the development, shall find as follows:
(2)
Proposed construction schedule. The Plan Commission and Town Board,
in making their respective recommendation and determination, shall
consider the reasonableness of the proposed construction schedule
and any staging plan for the physical construction of the proposed
development, with commencement of the physical development within
one year of approval being deemed reasonable.
(3)
Residential considerations. The Plan Commission and Town Board, in
making their respective recommendation and determination as to any
proposed residential component, shall further consider whether:
(a)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community, and shall be compatible with and not adversely affecting
the property values of the surrounding neighborhood.
(b)
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
(c)
Provision has been made for adequate, continuing fire and police
protection.
(d)
The population density of the development will or will not have
an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
(e)
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
(4)
Commercial considerations. The Plan Commission and Town Board, in
making their respective recommendation and determination as to a proposed
commercial component, shall further consider whether:
(a)
The economic practicality of the proposed development can be
justified.
(b)
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
(c)
The proposed development shall be adequately provided with,
and shall not impose any undue burden on, public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(d)
The locations of entrances and exits have been designated to
prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and that the development will not
create any adverse effect upon the general traffic pattern of the
surrounding neighborhood.
(e)
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with and not adversely affecting the property
values of the surrounding neighborhood.
(5)
Industrial considerations. The Plan Commission and Town Board, in
making their respective recommendations and determination as to a
proposed industrial component, shall further consider whether:
(a)
The operational character and physical plant arrangement of
buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
(d)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
(6)
Mixed-use considerations. The Plan Commission and Town Board, in
making their respective recommendation and determination as to a proposed
mixed-use component, shall further consider whether:
(a)
The proposed mixture of uses produces an attractive and compatible
development in terms of architectural design, landscaping, control
of lighting and general site development that will also be compatible
with the surrounding neighborhood and not adversely affect the property
values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
F.
Action by Town Board. The Town Board, upon receipt of recommendation
from the Plan Commission, and after due consideration, shall either
deny the building permit application, approve the application as submitted
or approve the application subject to any additional conditions and
restrictions the Town Board may impose.
(1)
Approval. The general and detailed approvals of a single or mixed-use
development shall be based on and include, as conditions thereto,
the building, site and operational plans for the development as approved
by the Town Board.
(a)
General approval. The general development plan submitted with
the single or mixed-use development application need not necessarily
be completely detailed at the time of petition, provided that it is
in sufficient detail to satisfy the Town Board as to the general character,
scope and appearance of the proposed development. Such plan shall
designate the pattern of proposed streets and the size and arrangement
of individual buildings and building sites. The approval of such general
development plan, by way of approval of the application, shall be
conditioned upon the subsequent submittal and approval of more specific
and detailed plans as each stage of development progresses.
(b)
Detailed approval. Detailed plans must be furnished to the Plan
Commission and Town Board for their consideration, and the detailed
approval by the Town Board of any part or stage of the proposed development
shall be required before construction of such part or stage of the
development may be commenced. Before plans submitted for detailed
approval within the corporate limits will be approved, the petitioner
shall give satisfactory proof that he has contracted to install all
improvements or file a performance bond insuring that such improvements
will be installed within the time required by the Town Board.
G.
Changes and additions. Any subsequent substantial change or addition
to the plans or uses shall first be submitted for approval to the
Plan Commission, and, if in the opinion of the Plan Commission such
change or addition constitutes a substantial alteration of the original
application, it shall make its recommendation to the Town Board for
their consideration. The Town Board shall deny, approve or approve
the same subject to any additional conditions and restrictions it
may impose.
A.
Principal uses.
|
Apiculture
| |
|
Dairying
| |
|
Floriculture
| |
|
Forestry
| |
|
General farming
| |
|
Grazing
| |
|
Greenhouses
| |
|
Hatcheries
| |
|
Horticulture
| |
|
Livestock raising
| |
|
Nurseries
| |
|
Orchards
| |
|
Paddocks
| |
|
Pasturage
| |
|
Poultry raising
| |
|
Stables
| |
|
Truck farming
| |
|
Viticulture
|
B.
Farm dwellings for those resident owners are accessory
uses and shall comply with all the provisions of the R-3 Residential
District, except that farm dwellings shall be permitted to have a
maximum building height of 42 feet.
[Amended 3-1-2000 by Ord. No. 2000-7]
C.
Conditional uses.
[Amended 10-9-2002 by Ord. No. 2002-10; 8-6-2003 by Ord. No. 2003-10]
(1)
Agricultural buildings and high-density animal enclosures
within 500 feet of any residential district. "High density" shall
be defined as such concentrations of animals which will not allow
usual plant (sod) growth in fenced area.
(2)
Existing nonmetallic mining operations.
(3)
Landscaping business of a nonretail nature.
(4)
Septic transportation business.
[Added 2-4-2004 by Ord. No. 2004-2]
D.
Farm.
E.
Building height: maximum 50 feet.
G.
Building size restrictions for nonresidential buildings.
[Added 2-6-2008 by Ord. No. 2008-4]
(1)
New buildings other than dwellings in this zoning
district on lots less than eight acres in size shall not exceed a
total of 1,500 square feet on the first floor per building, with a
total of no more than 2,500 square feet for all new and existing nonresidential
buildings. There shall be no limit on the square footage allowed for
nonresidential buildings on lots eight acres or greater.
(2)
Any individual building, being newly constructed,
that is greater than 1,500 square feet shall be subject to architectural
design approval and site plan approval by the Plan Commission and
the Town Board. The site plan and architectural review is utilized
for the purpose of promoting compatible development, stability of
property values, fostering the attractiveness and functional utility
of the town as a place to live and work, preserving the character
and quality of the built environment by maintaining the integrity
of those areas which have a discernible character, and raising the
level of community expectations for the quality of its environment.
A fee to cover the cost to the Town of Cedarburg and/or consultants
for reviewing the plans and specifications shall be paid as set in
the Town Fee Schedule.[1] Seventeen copies of the building permit application, including
a plat of survey (or scaled site plan) showing the proposed location
of the building in relation to other buildings on the property and
proposed building materials and colors with a scaled elevation, shall
be submitted for Plan Commission and Town Board review. Existing and
proposed landscaping shall also be included on the plat or scaled
site plan. To this end, the following standards for site plan and
architectural review are set forth below.
[Amended 3-5-2014 by Ord. No. 2014-1]
(a)
Site plan review principles and standards. The
Plan Commission and Town Board shall review the site, existing and
proposed structures, neighboring uses, landscaping, and the proposed
use. The Town will approve said site plans only after determining
that:
[1]
The proposed use(s) conform(s) to the uses permitted.
[2]
The dimensional arrangement of buildings and
structures conform to the required area, yard, setback, and height
restrictions of this chapter.
[3]
The proposed on-site buildings, structures,
and entryways are situated and designed to minimize adverse effects
upon owners and occupants of adjacent and surrounding properties by
providing for adequate design of ingress/egress, interior/exterior
traffic flow, stormwater drainage, erosion, grading, lighting, and
parking, as specified by this chapter or any other codes or laws.
[4]
Consideration should be given to preserving
the natural features of the landscape where they can enhance the development
on the site, or where they furnish a barrier or buffer between the
project and adjoining properties used for dissimilar purposes or where
they assist in preserving the general safety, health, welfare, and
appearance of the neighborhood.
[5]
Adverse effects of the proposed development
and activities upon adjoining residents or owners are minimized by
appropriate screening, fencing, or landscaping, as provided or required
in this chapter.
(b)
Architectural review principles and standards.
To assist the Plan Commission and Town Board in the architectural
review of new buildings, the following review principles, criteria
and procedures are established:
[1]
Building scale and mass. The relative proportion
of a building to its neighboring existing buildings, to pedestrians
or observers, or to other existing buildings shall be maintained or
enhanced when new buildings are built or when existing buildings are
remodeled or altered.
[2]
Building rooflines and roof shapes. Building
rooflines and roof shapes shall be complementary to the existing or
surrounding buildings.
[3]
Materials. No building shall be permitted where
any exposed facade is constructed or faced with a finished material
which is not aesthetically complementary to other surrounding buildings.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
[4]
Building location. Consideration shall be given
to siting a building in a manner which would unnecessarily destroy
or substantially damage the beauty of the area, particularly insofar
as it would adversely affect values incident to ownership of land
in the area or which would unnecessarily have an adverse effect on
the beauty and general enjoyment of existing structures on adjoining
properties.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
A.
Principal uses.
|
Apiculture
| |
|
Dairying
| |
|
Floriculture
| |
|
Forestry
| |
|
General farming
| |
|
Grazing
| |
|
Greenhouses
| |
|
Hatcheries
| |
|
Horticulture
| |
|
Livestock raising
| |
|
Nurseries
| |
|
Orchards
| |
|
Paddocks
| |
|
Pasturage
| |
|
Poultry raising
| |
|
Stables
| |
|
Truck farming
| |
|
Viticulture
|
B.
Farm dwellings for those resident owners are accessory
uses and shall comply with all the provisions of the R-3 Residential
District, except that farm dwellings shall be permitted to have a
maximum building height of 42 feet.
[Amended 3-1-2000 by Ord. No. 2000-7]
C.
Conditional uses.
[Amended 10-9-2002 by Ord. No. 2002-10]
D.
Farm.
E.
Building height: maximum 50 feet.
G.
Site plan
and architectural review for nonresidential buildings. Any individual
building, being newly constructed, that is greater than 1,500 square
feet shall be subject to architectural design approval and site plan
approval by the Plan Commission and the Town Board. The site plan
and architectural review is utilized for the purpose of promoting
compatible development, stability of property values, fostering the
attractiveness and functional utility of the Town as a place to live
and work, preserving the character and quality of the built environment
by maintaining the integrity of those areas which have a discernible
character, and raising the level of community expectations for the
quality of its environment. A fee to cover the cost to the Town of
Cedarburg and/or consultants for reviewing the plans and specifications
shall be paid as set in the Town Fee Schedule.[1] Seventeen copies of the building permit application, including
a plat of survey (or scaled site plan) showing the proposed location
of the building in relation to other buildings on the property and
proposed building materials and colors with a scaled elevation, shall
be submitted for Plan Commission and Town Board review. Existing and
proposed landscaping shall also be included on the plat or scaled
site plan. To this end, the following standards for site plan and
architectural review are set forth below.
[Added 5-6-2009 by Ord. No. 2009-9; amended 3-5-2014 by Ord. No.
2014-1]
(1)
Site
plan review principles and standards. The Plan Commission and Town
Board shall review the site, existing and proposed structures, neighboring
uses, landscaping, and the proposed use. The Town will approve said
site plans only after determining that:
(a)
The proposed use(s) conforms to the uses permitted.
(b)
The dimensional arrangement of buildings and structures conforms
to the required area, yard, setback, and height restrictions of this
chapter.
(c)
The proposed on-site buildings, structures, and entryways are situated
and designed to minimize adverse effects upon owners and occupants
of adjacent and surrounding properties by providing for adequate design
of ingress/egress, interior/exterior traffic flow, stormwater drainage,
erosion, grading, lighting, and parking, as specified by this chapter
or any other codes or laws.
(d)
Consideration should be given to preserving the natural features
of the landscape where they can enhance the development on the site,
or where they furnish a barrier or buffer between the project and
adjoining properties used for dissimilar purposes or where they assist
in preserving the general safety, health, welfare, and appearance
of the neighborhood.
(e)
Adverse effects of the proposed development and activities upon adjoining
residents or owners are minimized by appropriate screening, fencing,
or landscaping, as provided or required in this chapter.
(2)
Architectural
review principles and standards. To assist the Plan Commission and
Town Board in the architectural review of new buildings, the following
review principles, criteria and procedures are established:
(a)
Building scale and mass. The relative proportion of a building to
its neighboring existing buildings, to pedestrians or observers, or
to other existing buildings shall be maintained or enhanced when new
buildings are built or when existing buildings are remodeled or altered.
(b)
Building rooflines and roof shapes. Building rooflines and roof shapes
shall be complementary to the existing or surrounding buildings.
(c)
Materials. No building shall be permitted where any exposed facade
is constructed or faced with a finished material which is not aesthetically
complementary to other surrounding buildings.
(d)
Building location. Consideration shall be given to siting a building
in a manner which would not unnecessarily destroy or substantially
damage the beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in the area or which would
unnecessarily have an adverse effect on the beauty and general enjoyment
of existing structures on adjoining properties.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
[Amended 11-7-2001 by Ord. No. 2001-18; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9; 2-10-2016 by Ord. No. 2016-2]
A.
Statement of purpose. The C-1 Conservancy District is intended to
be used to prevent disruption of valuable natural or man-made resources
and to protect watercourses, including the shorelands of navigable
waters and areas that are not adequately drained or areas which are
subject to periodic flooding, and to preserve, protect, and restore
significant woodlands, areas of rough topography (including steep
slopes, hillsides, bluffs, etc.), and scenic, historic and scientific
areas, where uncontrolled development would result in hazards to health
or safety or would deplete or destroy natural resources or be otherwise
detrimental to the public welfare.
B.
Principal uses.
(1)
Drainageways.
(2)
Floodways.
(3)
Floodplains.
(4)
Fishing.
(5)
Hunting.
(6)
Preservation of scenic, historic and scientific areas.
(7)
Public fish hatcheries.
(8)
Soil and water conservation.
(9)
Stream bank and lake shore protection.
(10)
Sustained yield forestry.
(11)
Water retention.
(12)
Wildlife habitat or preserves.
(13)
Existing residences shall comply with the provisions of the
R-3 Residential District.
C.
Conditional uses. Except as specified in a conditional use permit,
the following uses shall not involve dumping, filling, cultivation,
mineral, soil or peat removal or any other use that would permanently
disturb the natural fauna, flora, watercourses, water regimen or topography.
(1)
Water measurement and water control facilities.
(2)
Grazing.
(3)
Accessory structures.
(4)
Orchards.
(5)
Truck farming.
(6)
Utilities.
(7)
Wild crop harvesting.
(8)
Single-family dwelling, compatible with nearby residential zoning
districts, shall comply with the provisions of the E-1 Estate District).
D.
Structures: none permitted, except accessory to the principal, legal
nonconforming, or conditional uses. Any structures to be located must
comply with Ozaukee County's Shoreland and Floodplain Zoning Ordinance,
and any other regulatory agencies, if applicable.
A.
Principal uses: single-family dwellings and the following
noncommercial accessory uses by members of the family residing on
the property:
B.
C.
Building area.
(1)
Residence: minimum 1,800 square feet with at least
1,000 square feet on the first floor of two-story residences.
(2)
Outbuildings. Outbuildings less than 2,000 square
feet in size are subject to standard building permit procedures; outbuildings
greater than 2,000 square feet in size may be constructed subject
to architectural design and site plan approval.
[Amended 5-7-2008 by Ord. No. 2008-9]
F.
Architectural
design and site plan approval. Any proposed construction of an outbuilding
in this zoning district that is greater than 2,000 square feet shall
be subject to architectural design and site plan approval by the Town
Board, upon the review and recommendation by the Plan Commission,
prior to any issuance of a building permit. The architectural design
and site plan review is utilized for the purpose of promoting compatible
development, stability of property values, fostering the attractiveness
and functional utility of the Town as a place to live and work, preserving
the character and quality of the built environment by maintaining
the integrity of those areas which have a discernible character, and
raising the level of community expectations for the quality of its
environment. A fee to cover the cost to the Town of Cedarburg and/or
consultants for reviewing the plans and specifications shall be paid
as set in the Town Fee Schedule.[1] Seventeen copies of the building permit application, including
a plat of survey (or scaled site plan) showing the proposed location
of the outbuilding in relation to other buildings on the property
and proposed outbuilding materials and colors with a scaled elevation,
shall be submitted for Plan Commission and Town Board review. Existing
and proposed landscaping shall also be included on the plat or scaled
site plan. To this end, the following notice procedures and standards
for site plan and architectural review are set forth below.
[Added 5-7-2008 by Ord. No. 2008-9; amended 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9; 3-5-2014 by Ord. No.
2014-1]
(1)
Notice.
The owners of record in whole or in part as listed in the office of
the Ozaukee County Register of Deeds and who are situated within 1,000
feet of the boundaries of the properties affected shall be sent a
notice postmarked at least 10 days prior to the date of consideration
by the Plan Commission. The applicant requesting the architectural
and site plan review shall be responsible for mailing and paying the
postage of the notices to meet the above timeline. In the event that
the property situated within the one-thousand-foot area is owned entirely
by a single property owner, then notice shall be given to the next
adjacent property owner so that at least two property owners in each
cardinal direction are provided notice of the hearing.
(2)
Site
plan review principles and standards. The Plan Commission and Town
Board shall review the site, existing and proposed structures, neighboring
uses, landscaping, and the proposed use. The Town Board may approve
said site plans only after determining that:
(a)
The proposed use(s) conforms to the uses permitted.
(b)
The dimensional arrangement of buildings and structures conforms
to the required area, yard, setback, and height restrictions of this
chapter.
(c)
The proposed on-site buildings, structures, and entryways are situated
and designed to minimize adverse effects upon owners and occupants
of adjacent and surrounding properties by providing for adequate design
of ingress/egress, interior/exterior traffic flow, stormwater drainage,
erosion, grading, lighting, and parking, as specified by this chapter
or any other codes or laws.
(d)
Consideration should be given to preserving the natural features
of the landscape where they can enhance the development on the site,
or where they furnish a barrier or buffer between the project and
adjoining properties used for dissimilar purposes or where they assist
in preserving the general safety, health, welfare, and appearance
of the neighborhood.
(e)
Adverse effects of the proposed development and activities upon adjoining
residents or owners are minimized by appropriate screening, fencing,
or landscaping, as provided or required in this chapter.
(3)
Architectural
review principles and standards. To assist the Plan Commission and
Town Board in the architectural review of outbuildings under this
section, the following review principles, criteria and procedures
are established:
(a)
Building scale and mass. The relative proportion of a building to
its neighboring existing buildings, to pedestrians or observers, or
to other existing buildings shall be maintained or enhanced when new
outbuildings are built or when existing outbuildings are remodeled
or altered.
(b)
Building rooflines and roof shapes. Building roof lines and roof
shapes shall be complementary to the existing or surrounding buildings.
(c)
Materials. No building shall be permitted where any exposed facade
is constructed or faced with a finished material which is not aesthetically
complementary to other surrounding buildings.
(d)
Building location. Consideration shall be given to siting a building
in a manner which would not unnecessarily destroy or substantially
damage the beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in the area or which would
unnecessarily have an adverse effect on the beauty and general enjoyment
of existing structures on adjoining properties.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
H.
Nonaccess
planting strip: A minimum forty-foot-wide nonaccess planting strip
easement is required for new major land divisions effective June 1,
2022, when the lots are adjacent to a public road. This easement applies
only to land abutting the public road.
[Added 6-1-2022 by Ord. No. 2022-4]
A.
Purpose.
[Amended 5-2-2001 by Ord. No. 2001-5; 12-2-2004 by Ord. No.
2004-19; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-8; 5-6-2009 by Ord. No. 2009-9; 1-4-2012 by Ord. No.
2012-1]
(1)
This zoning district is intended to provide single-family,
low-density residential development incorporating permanently protected
open space areas. Land divisions containing five or more lots shall
cluster lots, with 50% of the original land area being located in
contiguous common open space. Land divisions containing five or more
lots having individual lots eight acres or greater in size are exempt
from the clustering requirement of this district; in such instances
open space may be located on private lots but must be recorded as
permanent open space on the plat. Individual lots part of a minor
land division containing four or fewer lots shall be a minimum of
four acres; the open space related to minor land divisions may be
common open space or open space located on private lots, but must
be noted as permanent open space on the certified survey map.
(2)
Definition. Conservation development is a development
design technique that provides a concentration of houses to aid in
the preservation of contiguous open space. Open space shall be designed
to preserve, enhance, or create environmentally sensitive areas. These
may include recreational opportunities (for example, hiking/cross-country
ski trails) but may not include other mowed areas such as for soccer
or baseball fields, or neighborhood parks, without the approval of
the Plan Commission and Town Board.
B.
Principal use: single-family detached dwellings.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
C.
Accessory structures and uses. No accessory structures
shall be permitted prior to the construction of the principal structure.
Accessory structures in this zoning district shall not exceed a total
of 1,000 square feet for the first acre plus 100 square feet for each
additional 1/4 acre up to 1,500 square feet total, except that existing
agricultural buildings exceeding 1,000 square feet may be permitted
by a conditional use permit only. Man-made recreational or wildlife
ponds with a pond permit are allowed. Detached accessory structures
shall not exceed 15 feet in height unless constructed so that the
pitch of the roof of the accessory structure matches the pitch of
the roof of the principal structure, with maximum height being 35
feet. There shall be no finished space above the first floor. All
detached accessory structures shall not exceed the height of the principal
structure.
[Amended 10-7-1998 by Ord. No. 1998-5; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9; 4-2-2014 by Ord. No.
2014-5; 10-3-2018 by Ord. No. 2018-3]
D.
Conditional uses.
(1)
Public or private park.
(2)
Public or private schools, day care (100 feet off
lot lines).
(3)
Churches (100 feet off lot lines).
(5)
Clubs and meeting places of a noncommercial nature
(100 feet off lot lines).
(6)
Bed-and-breakfast establishments pursuant to § 320-56.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(7)
Public administration offices and service buildings.
(8)
Public utility transmission and distribution lines,
poles and other accessories, provided that when a utility proposes
a main intercommunity transmission facility, it shall give notice
to the Plan Commission of such intention and of the date of hearing
before the Public Service Commission and before actual construction
shall file with the Plan Commission a mapped description of the route
of such transmission line.
(9)
[2]Agricultural buildings which exceed 1,000 square feet and
exist at the time a lot is platted may be retained by obtaining a
conditional use permit contingent upon the proposed buildings being
found structurally sound by the Town Building Inspector or a State
of Wisconsin licensed structural engineer, at the property owner's
expense. No pole barns or steel or metal buildings shall be granted
conditional use permits.
[Amended 10-7-1998 by Ord. No. 98-5]
[2]
Editor's Note: Former Subsection D(9), permitting planned
unit developments as a conditional use in this district, was repealed
1-7-2009 by Ord. No. 2009-2, and 5-6-2009 by Ord. No. 2009-9. These
ordinances also redesignated former Subsection A(10) through A(12)
as Subsection A(9) through A(11), respectively.
E.
Density. Maximum development density shall be one
dwelling unit for a minimum of every 4 1/2 acres of contiguous
land owned and a part of the development.
[Amended 12-1-2004 by Ord. No. 2004-13]
F.
Open space. A minimum open space ratio of 50% is required
of the initial development, exclusive of roads and road rights-of-way.
Thus, a maximum of 50% of a development, inclusive of roads and road
rights-of-way, may be covered with structures, driveway pavements
and maintained lawns and personal, noncommercial gardens. The 50%
of open space shall be denoted on the certified survey map or preliminary
and final plat for the development.
G.
Lot size. The minimum lot size shall be one acre.
H.
Building area: minimum 1,500 square feet with at least
1,000 square feet on the first floor of a two-story residence.
I.
Building height: maximum 42 feet.
[Amended 3-1-2000 by Ord. No. 2000-7]
J.
Minimum frontage for individual lots.
[Amended 1-6-1999 by Ord. No. 1998-2]
(1)
Lots abutting culs-de-sac: minimum 75 feet.
(2)
Lots on curve with a maximum center-line radius of
150 feet: 120 feet.
(3)
Other lots: minimum 150 feet; however, based upon
the presence of natural features along the roadway the Plan Commission
and Town Board may allow a minimum lot frontage of 130 feet, but for
no more than 10% of the lots.
K.
Minimum average lot width: 150 feet minimum where
house is placed.
M.
Nonaccess planting strip and building setbacks. Building
setbacks where lot is adjacent to a section line road: a minimum of
100 feet from existing or planned rights-of-way, as depicted on the
Town Transportation Plan Map for section line roads, with a requirement
that the first 40 feet from the right-of-way be a nonaccess planting
strip easement.
[Amended 3-3-1999 by Ord. No. 1999-3; 12-1-2004 by Ord. No.
2004-13; 6-1-2022 by Ord. No. 2022-4]
N.
[3]Bonus lots: The Plan Commission and the Town Board are
authorized to grant bonus lots if in their judgment they determine
the additional lots are warranted based upon the layout and design
of the proposed development. To qualify for bonus lot consideration,
all open space must be contiguous and held in common. The maximum
number of bonus lots the Plan Commission and Town Board may award
is one lot per 25 acres of development area (gross contiguous land
owned and a part of the development), with a maximum of four bonus
lots for any development. The following criteria may be used when
evaluating whether or not bonus lots shall be awarded (other items
may be considered):
[Amended 5-2-2001 by Ord. No. 2001-5; 8-6-2003 by Ord. No.
2003-14]
(1)
Preserving, rehabilitating and/or reusing historical
buildings and structures, including those sites inventoried by the
State Historical Society of Wisconsin.
(2)
The inclusion of fire protection beyond the minimum
requirements required for new developments.
(3)
Inclusion of bicycle, multi-modal and/or connection
paths consistent with the Town's Master Bicycle and Pedestrian Route
Plan and AASHTO standards within the proposed development that would
connect to existing or proposed bike routes to neighboring or future
subdivisions that benefit the Town as a whole.
(4)
Reforestation.
(5)
Other creative uses of the land.
O.
Design guidelines and open space. The most current
version of the Southeastern Wisconsin Regional Planning Guide No.
7, Rural Cluster Development, original version dated December 1996,
provides design guidelines to aid in achieving good design of cluster
groups and the proper distribution of open space. This guide, along
with the most current version of a conservation subdivision ordinance
drafted by the Southeastern Wisconsin Regional Planning Commission,
provide ample guidance for the proper design and maintenance of a
conservation subdivision. The open space within these subdivisions
should be connected. A copy of the current SEWRPC Planning Guide and
conservation subdivision ordinance is on file and available for inspection
at the office of the Plan Commission.
[Amended 10-4-2006 by Ord. No. 2006-11; 1-4-2012 by Ord. No. 2012-1]
[Added 10-4-1995 by Ord. No. 1995-6]
A.
Purpose.
[Amended 12-2-2004 by Ord. No. 2004-19; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-8; 5-6-2009 by Ord. No.
2009-9; 1-4-2012 by Ord. No. 2012-1]
(1)
This zoning district is intended to provide single-family,
low-density residential development incorporating permanently protected
open space areas. Land divisions containing five or more lots shall
cluster lots, with 50% of the original land area being located in
contiguous common open space. Land divisions containing five or more
lots having individual lots eight acres or greater in size are exempt
from the clustering requirement of this district; in such instances
open space may be located on private lots but must be recorded as
permanent open space on the plat. Individual lots part of a minor
land division containing four or fewer lots shall be a minimum of
four acres; the open space related to minor land divisions may be
common open space or open space located on private lots, but must
be noted as permanent open space on the certified survey map.
(2)
Definition. Conservation development is a development
design technique that provides a concentration of houses to aid in
the preservation of contiguous open space. Open space shall be designed
to preserve, enhance, or create environmentally sensitive areas. These
may include recreational opportunities (for example, hiking/cross-country
ski trails) but may not include other mowed areas such as for soccer
or baseball fields, or neighborhood parks, without the approval of
the Plan Commission and Town Board.
B.
Principal use: single-family detached dwellings.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
C.
Accessory structures and uses. No accessory structures
shall be permitted prior to the construction of the principal structure.
Detached accessory structures shall not exceed 15 feet in height unless
constructed so that the pitch of the roof of the accessory structure
matches the pitch of the roof of the principal structure, with maximum
height being 35 feet. There shall be no finished space above the first
floor. All detached accessory structures shall not exceed the height
of the principal structure.
[Amended 10-7-1998 by Ord. No. 1998-5; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9; 3-5-2014 by Ord. No.
2014-1; 10-3-2018 by Ord. No. 2018-3]
(1)
Generally.
(a)
Accessory structures in this zoning district
on lots less than 10 acres in size shall not exceed a total of 1,500
square feet on the first floor, except that existing agricultural
buildings with a total square footage exceeding 1,500 square feet
may be permitted by a conditional use permit only.
(b)
Accessory structures in this zoning district
on lots 10 acres in size or greater shall not exceed a maximum total
of 1,000 square feet per acre.
(c)
Any individual structure, being newly constructed,
that is greater than 1,500 square feet shall be subject to architectural
design approval (including approval of building materials to be used)
and site plan approval by the Plan Commission and the Town Board.
A fee to cover the cost to the Town of Cedarburg and/or consultants
for reviewing the plans and specifications shall be paid as set in
the Town Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
(2)
The following noncommercial accessory uses by members
of the family residing on the property: stables, grazing, pasturage,
man-made recreation or wildlife ponds with permit.
(3)
Horses are allowed in this district with a limitation
of one horse per acre on a lot.
(4)
Outbuildings that house animals cannot be located
in the front yard and shall be set back 40 feet from rear and side
lot lines.
D.
Conditional uses.
(1)
Public or private park.
(2)
Public or private schools, day care (100 feet off
lot lines).
(3)
Churches (100 feet off lot lines).
(5)
Clubs and meeting places of a noncommercial nature
(100 feet off lot lines).
(6)
Bed-and-breakfast establishments, pursuant to § 320-56.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(7)
Public administration offices and service buildings.
(8)
Public utility transmission and distribution lines,
poles and other accessories, provided that when a utility proposes
a main intercommunity transmission facility, it shall give notice
to the Plan Commission of such intention and of the date of hearing
before the Public Service Commission and before actual construction
shall file with the Plan Commission a mapped description of the route
of such transmission line.
(9)
[3]Nondomesticated animals other than horses, and facilities
for such animals.
[3]
Editor's Note: Former Subsection D(9), permitting planned
unit developments as conditional uses in this district, was repealed
1-7-2009 by Ord. No. 2009-2 and 5-6-2009 by Ord. No. 2009-9. These
ordinances also redesignated former Subsection D(10) through (13)
as Subsection D(9) through (12), respectively.
(10)
Agricultural buildings which exceed 1,500 square
feet on lots less than 10 acres in size and exist at the time the
lot is platted may be retained by obtaining a conditional use permit
contingent upon the proposed building(s) being found structurally
sound by the Town Building Inspector or State of Wisconsin licensed
structural engineer, at the property owner's expense. No pole barns
or steel or metal buildings shall be granted conditional use permits.
[Added 10-7-1998 by Ord. No. 1998-5]
E.
Density. Maximum development density shall be one
dwelling unit for a minimum of every 4 1/2 acres of contiguous
land owned and a part of the development.
[Amended 12-1-2004 by Ord. No. 2004-13]
F.
Open space. A minimum open space ratio of 50% is required
of the initial development, exclusive of roads and road rights-of-way.
Thus, a maximum of 50% of a development, inclusive of roads and road
rights-of-way, may be covered with structures, driveway pavements
and maintained lawns and personal, noncommercial gardens. The 50%
of open space shall be denoted on the certified survey map or preliminary
and final plat for the development.
G.
Lot size. The minimum lot size shall be one acre.
H.
Building area: minimum 1,500 square feet with at least
1,000 square feet on the first floor of a two-story residence.
I.
Building height: maximum 42 feet.
[Amended 3-1-2000 by Ord. No. 2000-07]
J.
Minimum frontage for individual lots.
[Amended 1-6-1999 by Ord. No. 99-02]
(1)
Lots abutting culs-de-sac: minimum 75 feet.
(2)
Lots on curve with a maximum center-line radius of
150 feet: 75 feet.
(3)
Other lots: minimum 150 feet; however, based upon
the presence of natural features along the roadway the Plan Commission
and Town Board may allow a minimum lot frontage of 130 feet, but for
no more than 10% of the lots.
K.
Minimum average lot width: 150 feet minimum where
house is placed.
M.
Nonaccess planting strip and building setbacks. Building
setbacks where lot is adjacent to a section line road: a minimum of
100 feet from existing or planned rights-of-way, as depicted on the
Town Transportation Plan Map for section line roads, with a requirement
that the first 40 feet from the right-of-way be a nonaccess planting
strip easement.
[Amended 3-3-1999 by Ord. No. 1999-3; 12-1-2004 by Ord. No.
2004-13; 6-1-2022 by Ord. No. 2022-4]
N.
[4]Bonus lots. The Plan Commission and the Town Board are
authorized to grant bonus lots if in their judgment they determine
the additional lots are warranted based upon the layout and design
of the proposed development. To qualify for bonus lot consideration,
all open space must be contiguous and held in common. The maximum
number of bonus lots the Plan Commission and Town Board may award
is one lot per 25 acres of development area (gross contiguous land
owned and a part of the development), with a maximum of four bonus
lots for any development. The following criteria may be used when
evaluating whether or not bonus lots shall be awarded (other items
may be considered):
[Amended 5-2-2001 by Ord. No. 2001-5; 8-6-2003 by Ord. No.
2003-14]
(1)
Preserving, rehabilitating and/or reusing historical
buildings and structures, including those sites inventoried by the
State Historical Society of Wisconsin.
(2)
The inclusion of fire protection beyond the minimum
requirements required for new developments.
(3)
Inclusion of bicycle, multi-modal and/or connection
paths consistent with the Town's Master Bicycle and Pedestrian Route
Plan and AASHTO standards within the proposed development that would
connect to existing or proposed bike routes to neighboring or future
subdivisions that benefit the Town as a whole.
(4)
Reforestation.
(5)
Other creative uses of the land.
O.
Design guidelines and open space. The most current
version of the Southeastern Wisconsin Regional Planning Guide No.
7, Rural Cluster Development, original version dated December 1996,
provides design guidelines to aid in achieving good design of cluster
groups and the proper distribution of open space. This guide, along
with the most current version of a conservation subdivision ordinance
drafted by the Southeastern Wisconsin Regional Planning Commission,
provide ample guidance for the proper design and maintenance of a
conservation subdivision. The open space within these subdivisions
should be connected. A copy of the current SEWRPC Planning Guide and
conservation subdivision ordinance is on file and available for inspection
at the office of the Plan Commission.
[Amended 10-4-2006 by Ord. No. 2006-11; 1-4-2012 by Ord. No. 2012-1]
[Added 10-4-1995 by Ord. No. 1995-6]
A.
Purpose.
(1)
The TR Transitional Residential Zoning District is
intended to provide single-family, low-density residential development
incorporating permanently protected open space areas. The clustering
of home sites is encouraged. This zoning district shall only be available
to areas currently zoned R-2 residential which did not have preliminary
plat or certified survey map approval prior to May 1994 and are not
a part of an existing, substantially developed subdivision.
(2)
Definition. Conservation development is a development
design technique that provides a concentration of houses to aid in
the preservation of contiguous open space. Open space shall work to
preserve environmentally sensitive areas, may include recreation opportunities
(for example, hiking/cross-country ski trails) but may not include
other mowed areas such as for soccer or baseball fields), may be used
for continued agricultural activity (farming), or may be left in a
natural state or may be a combination of the above.
[Amended 10-4-2006 by Ord. No. 2006-11]
B.
Principal use: single-family detached dwellings.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
C.
Accessory structures and uses.
[Amended 10-7-1998 by Ord. No. 1998-5; 1-7-2009 by Ord. No.
2009-2; 5-6-2009 by Ord. No. 2009-9; 4-2-2014 by Ord. No.
2014-5; 7-2-2014 by Ord. No. 2014-10; 10-3-2018 by Ord. No. 2018-3]
(1)
No accessory structures shall be permitted prior to the construction of the principal structure. Detached accessory structures in this zoning district shall not exceed a total of 1,000 square feet for the first acre plus 100 square feet for each additional 1/4 acre up to 1,500 square feet total, except that existing agricultural buildings exceeding 600 square feet may be permitted by a conditional use permit only. Detached accessory structures shall not exceed 15 feet in height unless constructed so that the pitch of the roof of the accessory structure matches the pitch of the roof of the principal structure, with maximum height being 35 feet. There shall be no finished space above the first floor. All detached accessory structures shall not exceed the height of the principal structure. Reference § 320-108 for further detail.
(2)
Private man-made recreational or wildlife ponds normally
accessory to a residential use are allowed with a pond permit.
D.
Conditional uses.
(1)
Public or private park.
(2)
Public or private schools, day care (100 feet off
lot lines).
(3)
Churches (100 feet off lot lines).
(5)
Clubs and meeting places of a noncommercial nature
(100 feet off lot lines).
(6)
Bed-and-breakfast establishments, pursuant to § 320-56.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(7)
Public administration offices and service buildings.
(8)
Public utility transmission and distribution lines,
poles and other accessories, provided that when a utility proposes
a main intercommunity transmission facility, it shall give notice
to the Plan Commission of such intention and of the date of hearing
before the Public Service Commission and before actual construction
shall file with the Plan Commission a mapped description of the route
of such transmission line.
(9)
[2]Agricultural buildings which exceed 600 square feet and
exist at the time a lot is platted may be retained by obtaining a
conditional use permit contingent upon the proposed building(s) being
found structurally sound by the Town Building Inspector or a State
of Wisconsin licensed structural engineer, at the property owner's
expense. No pole barns or steel or metal buildings shall be granted
conditional use permits.
[Amended 10-7-1998 by Ord. No. 1998-5]
[2]
Editor's Note: Former Subsection D(9), permitting planned
unit developments as conditional uses in this district, was repealed
1-7-2009 by Ord. No. 2009-2 and 5-6-2009 by Ord. No. 2009-9. These
ordinances also redesignated former Subsection D(10) and (11) as Subsection
D(9) and (10), respectively.
E.
Density. Maximum development density shall be one
dwelling unit for a minimum of every 2.25 gross acres of contiguous
land owned and a part of the development.
F.
Open space. A minimum open space ratio of 20% is required
of the initial development, exclusive of roads and road rights-of-way,
in the TR Zoning District. Thus, a maximum of 80% of a subdivision,
or lot, may be covered with structures, pavements and maintained lawns
and personal, noncommercial gardens.
[Amended 9-5-2007 by Ord. No. 2007-10]
G.
Lot size. The minimum lot size shall have a net area
of not less than 1.5 acres.
H.
Building area: minimum 1,500 square feet with at least
1,000 square feet on the first floor of a two-story residence.
I.
Building height: maximum 42 feet.
[Amended 3-1-2000 by Ord. No. 2000-7; 7-2-2014 by Ord. No.
2014-10]
J.
K.
Minimum average lot width: 150 feet minimum where
house is placed.
M.
Nonaccess planting strip and building setbacks. Building
setbacks where lot is adjacent to a section line road: minimum of
100 feet from existing or planned rights-of-way, as depicted on the
Town Transportation Plan Map, along section line roads, with a requirement
that the first 40 feet off the right-of-way be a nonaccess planting
strip easement.
[Amended 6-1-2022 by Ord. No. 2022-4]
(1)
Fences or other structures are permitted in the planting
strip with the approval of the Plan Commission and Town Board.
[Amended 6-1-2022 by Ord. No. 2022-4]
(2)
The planting strip material shall be approved as part
of the land division approval process.
[Amended 3-3-1999 by Ord. No. 1999-3; 6-1-2022 by Ord. No. 2022-4]
[Added 7-7-2004 by Ord. No. 2004-7]
A.
Purpose. The TR-2 Transitional Residential 2 Zoning
District is intended to provide single-family, low-density residential
development incorporating permanently protected open space areas and
to provide a buffer to adjacent incorporated areas. The clustering
of home sites is encouraged. This zoning district shall only be available
to areas adjacent to incorporated areas.
B.
Principal use: single-family detached dwellings.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
C.
Accessory structures.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9; 4-2-2014 by Ord. No. 2014-5; 7-2-2014 by Ord. No.
2014-10; 10-3-2018 by Ord. No. 2018-3]
(1)
No accessory structures shall be permitted prior to the construction of the principal structure. Detached accessory structures in this zoning district shall not exceed a total of 1,000 square feet for the first acre plus 100 square feet for each additional 1/4 acre up to 1,500 square feet total, except that existing agricultural buildings exceeding 600 square feet may be permitted by a conditional use permit only. Detached accessory structures shall not exceed 15 feet in height unless constructed so that the pitch of the roof of the accessory structure matches the pitch of the roof of the principal structure, with maximum height being 35 feet. There shall be no finished space above the first floor. All detached accessory structures shall not exceed the height of the principal structure. Reference § 320-108 for further detail.
(2)
Private man-made recreational or wildlife ponds normally
accessory to a residential use are allowed with a pond permit.
D.
Conditional uses.
(1)
Public or private parks.
(2)
Churches.
(3)
Public utility transmission and distribution lines,
poles and other accessories, provided that when a utility proposes
a main intercommunity transmission facility, it shall give notice
to the Plan Commission of such intention and of the date of hearing
before the Public Service Commission and before actual construction
shall file with the Plan Commission a mapped description of the route
of such transmission line.
(4)
Lots that do not have frontage upon a public street may be permitted if the Town Board has officially approved other means of access to the lot by a shared driveway agreement as provided in § 279-6D.
[Added 9-5-2007 by Ord. No. 2007-10]
E.
Density. Maximum development density shall be one
dwelling unit for a minimum of every two gross acres of contiguous
land owned and a part of the development.
F.
Open space. A minimum open space ratio of 30% is required
of the initial development, exclusive of roads and road rights-of-way,
in the TR-2 Zoning District. Thus, a maximum of 70% of a subdivision,
or lot, may be covered with structures, pavements and maintained lawns
and personal, noncommercial gardens.
[Amended 10-4-2006 by Ord. No. 2006-11]
G.
The minimum lot size shall have a net area of not
less than one acre.
H.
Building area: minimum 1,500 square feet with at least
1,000 square feet on the first floor of a two-story residence.
I.
Building height: maximum 42 feet.
[Amended 7-2-2014 by Ord. No. 2014-10]
K.
Minimum average lot width: 150 feet minimum where
house is placed.
L.
Yard setbacks.
(1)
Residential setbacks.
(a)
Street: 75 feet.
(b)
Rear: 75 feet, or the rear yard setback may
be less if the distance between the rear yard setback line and the
exterior subdivision line is a minimum of 100 feet and when the entire
rear lot line borders commonly held open space which is a part of
that subdivision. Furthermore, the rear yard setback cannot ever be
less than 25 feet.
[Amended 12-1-2004 by Ord. No. 2004-11]
(c)
Side: 25 feet.
M.
Nonaccess planting strip and building setbacks. Building
setbacks where lot is adjacent to a public section line road: minimum
of 100 feet from existing or planned rights-of-way, as depicted on
the Town Transportation Plan Map, along section line roads, with a
requirement that the first 40 feet off the right-of-way be a nonaccess
planting strip easement.
[Amended 6-1-2022 by Ord. No. 2022-4]
(1)
Fences
or other structures are permitted in the planting strip with the approval
of the Plan Commission and Town Board.
[Added 6-1-2022 by Ord. No. 2022-4]
(2)
The
planting strip material shall be approved as part of the land division
approval process.[1]
[Added 6-1-2022 by Ord. No. 2022-4]
[1]
Editor's Note: Original § 10-1-42,
5 Corners Town Center District, which immediately followed this section,
added 12-1-2004 by Ord. No. 2004-10, was deleted 4-12-2006 by Ord.
No. 2006-2.
[Added 4-12-2006 by Ord. No. 2006-2]
A.
Purpose of the Town Center Overlay District (TCOD).
(1)
The TCOD is intended to permit developments that will,
over a period of time, be enhanced by coordinated area site planning,
diversified location of structures and/or mixing of compatible uses.
Such developments are intended to provide a safe and efficient system
for pedestrian and vehicular traffic; to create more active social
places; to provide an opportunity for developers to create economic
activities that serve the needs of Town residents; to provide attractive
recreation, green spaces, town squares and plazas, and public activity
spaces as integral parts of the development; to enable economical
design of utilities and community facilities; and to ensure adequate
standards of construction and planning. The TCOD under this section
will allow for flexibility of overall development design, with benefits
from such flexibility intended to be derived by both the developer
and the community, while at the same time maintaining, where judged
appropriate by the Town Board, other standards or use requirements
as set forth in the underlying base zoning district. The TCOD shall
be applicable only within the district as depicted in the accompanying
map and legal description within the Town Center Plan (TCP).[1]
[1]
Editor's Note: The map and legal description
are on file in the Town Clerk's office.
(2)
The unified and planned development of a site in a
single, partnership or corporate ownership or control or in common
ownership under the Unit Ownership Act set forth in Ch. 703, Wis.
Stats. (condominiums), may be permitted by the Town upon specific
petition, with such development encompassing one or more principal
uses or structures and related accessory uses or structures, when
all regulations and standards as set forth in this section have been
met.
B.
Area requirements for a TCOD project. Areas designated
as a TCOD project shall be under single or corporate ownership or
control and shall contain a minimum development area of either one
acre or the size of the lots and parcels existing as of the adoption
date of this TCOD.
C.
Uses, structures, lot area and dimensions, density,
parking, landscaping, heights, setback, yards and other requirements.
Uses, structures, individual lot sizes, densities, setbacks, yards,
dimensional requirements, landscaping requirements, parking requirements,
height requirements, and other requirements required by the underlying
base use district may be modified and shall be considered as permitted
uses if, in the judgment of the Town Plan Commission and Town Board,
the proposed project is compatible with the site design, illustrations,
guidelines, and related features as shown in the TCP and the accompanying
Design Guideline Document.
D.
Procedure.
(1)
Pre-petition conference. Prior to official submittal
of the petition for approval of a proposed project or development
for the TCOD, the owner or his agent making such petition shall meet
with the Town staff to discuss the scope and proposed nature of the
contemplated development. Subsequent to such meeting, all costs for
Town staff and consultants associated with the proposed project shall
be borne by the owner or his agent by agreement with the Town.
(2)
Site
plan review. Following the pre-petition conference, the owner or his
agent should meet with the Plan Commission or its staff to present
a site analysis of existing features. The review may involve a site
visit, and should include a discussion of project goals and possible
design solutions.
[2]
Editor's Note: This ordinance also redesignated former Subsection
D(2) through (4) as Subsection D(3) through (5), respectively.
(3)
The petition. Following the pre-petition conference
or site plan review, the owner or his agent shall file a petition
with the Town Plan Commission for an approval of a TCOD proposal thereby
permitting the application of the provisions of this section to the
designated area.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(4)
Such petition shall be accompanied by the appropriate
fee as well as a statement which sets forth the relationship of the
proposed project to the TCOD, the TCP, and any other plans or studies
deemed relevant by the Town and the general character and use of all
structures and site changes to be included in the proposed project,
including but not limited to the following items:
(a)
Total area to be included in the project, area
of open space, commercial area computations, parking and traffic estimates,
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services and
any other similar data pertinent to a comprehensive evaluation of
the proposed development.
(b)
A general summary of the estimated value of
structures and site improvement costs, including landscaping and special
features.
(c)
A general outline of the organizational structure
of a property owner or management association, which may be proposed
to be established for the purpose of providing any necessary private
services.
(d)
Any proposed departures from the standards of
development as set forth in the Town zoning regulations, land division
ordinance, sign ordinance, other Town regulations or administrative
rules or other guidelines.
(e)
The expected date of commencement of physical
development as set forth in the proposal and also an outline of any
development staging which is planned.
(5)
Subsequent to or in conjunction with the petition
(as determined by Town staff), the applicant shall submit a general
development plan (GDP) which shall include, in addition to other site
plan and architectural review requirements, the following:
(a)
A preliminary plat or certified survey map,
if required, depicting the plan of the development.
(b)
A legal description of the boundaries of lands
included in the proposed project.
(c)
A description of the relationship between the
proposed project and the surrounding areas, including all other areas
within the boundary of the TCP, as requested by Town staff.
(d)
The location of roads, driveways, parking facilities,
sidewalks, trails, bicycle facilities, and related circulation components.
(e)
The size, arrangement and location of any individual
building sites and proposed building groups on each individual lot.
(f)
The location of recreational and open space
areas and areas reserved or dedicated for parks, town squares or town
plazas, and drainageways.
(g)
The type, size and location of all structures.
(h)
Specific landscaping treatment, including detailed
street cross sections showing roadside landscaping standards.
(i)
Architectural plans, elevations and perspective
drawings and sketches illustrating the design and character of proposed
structures.
(j)
The existing and proposed location of sanitary
sewer, water supply facilities and stormwater drainage facilities.
(k)
The existing and proposed location of all private
utilities or other easements.
(l)
Characteristics of soils related to contemplated
specific uses.
(m)
Existing topography on site with contours at
no greater than two-foot intervals.
(n)
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
(o)
If the development is to be staged, a staging
plan.
E.
Referral to Plan Commission. The petition and GDP
for a TCOD project shall be referred to the Plan Commission for its
review and recommendation. The Plan Commission may add any additional
conditions or restrictions which it may deem necessary or appropriate
to promote the spirit and intent of this section and the purpose of
this section or may reject or recommend denial of the application
as inconsistent with the goals, intentions, or details of the TCP.
F.
Public hearing. Upon receipt of the Plan Commission's
recommendation, the Town Board shall, before determining the disposition
of the petition, hold a public hearing pursuant to the provisions
of this section. Notice for such hearing shall include reference to
the development plans filed in conjunction with the requested project.
G.
Basis for approval.
(1)
The Town Plan Commission in making its recommendations
and the Town Board in making its determinations shall consider:
(a)
Whether the petitions for the proposed TCOD
project have indicated that they intend to begin the physical development
of the designated project within 12 months following the approval
of the petition for a TCOD project and that the development will be
carried out according to a reasonable construction schedule satisfactory
to the Town.
(b)
Whether the proposed TCOD project is consistent
in all respects with the purpose of this section and with the spirit
and intent of this section; is in conformity with the TCP and other
Town plans and studies that are relevant to this area; that such development
would not be contrary to the general welfare and economic prosperity
of the Town or of the immediate neighborhood; and that the benefits
and improved design of the resultant development justify the establishment
of a TCOD project.
(2)
The Plan Commission and the Common Council shall not
give their respective recommendations or approvals unless it is found
that:
(a)
The proposed site shall be provided with adequate
drainage facilities for surface and storm waters.
(b)
The proposed project shall be accessible from
roads that are adequate to carry the traffic that can be expected
to be generated by the proposed development.
(c)
No undue constraint or burden will be imposed
on Town services and facilities.
(d)
Adequate utilities shall be provided.
(e)
Adequate guarantee is provided for permanent
preservation of open space areas, town squares and plazas, green spaces,
and other open spaces as shown on the approved site plan either by
private reservations and maintenance or by dedication to the public.
H.
Changes or additions. Any subsequent change or addition
to the plans or uses shall first be submitted for approval to the
Town Plan Commission, and if in the opinion of the Town Plan Commission
such change or addition constitutes a substantial alteration of the
original plan, a public hearing before the Town Board shall be required
and notice thereof shall be given pursuant to the provisions of this
section.
I.
Developer's agreement and restrictive covenants. The
terms and conditions of the TCOD shall be set forth in a developer's
agreement and restrictive covenants as deemed necessary by the Town.
