The purpose of this article is to indicate which
land uses may locate in each zoning district and under what requirements;
and which land uses may not locate therein. A further distinction
is made for land uses that may locate in a given district only upon
obtaining a conditional or temporary use permit to do so. Finally,
certain land uses may locate in a given district as a matter of right
upon compliance with special regulations for such a land use.
The land use categories employed by this chapter are defined in this section. Land uses that are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 325-5 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
A.
Residential land uses.
(1)
Conventional residential development; description.
This land use includes, but is not limited to, all residential developments
which do not provide permanently protected green space areas. Property
which is under common ownership of a property owners' association
is permitted, but is not a required component of this type of development.
Up to 10% of a conventional residential development's gross site area
(GSA) can contain natural resource areas which must be protected (or
other permanently protected green space areas) without a reduction
in maximum gross density (MGD). [See note (1)(f) below.] Conventional
residential development can be made up of the following dwelling unit
types:
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The letters below correspond to the bulk requirements in Article I. Many of these letters are shown on the dwelling unit type graphics on the following pages. (Note: Not all letters appear on all graphics.)
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B:
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Minimum lot width.
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E:
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Front or street side lot line to house.
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F:
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Front or street side lot line to garage.
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G:
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Side lot line to house or garage.
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I:
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Rear lot line to house or garage.
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J:
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Side lot line to accessory structure.
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K:
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Rear lot line to accessory structure.
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M:
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Minimum paved surface setback.
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N:
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Minimum dwelling unit separation.
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O:
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Minimum number of off-street parking spaces
required on the lot
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(a)
Single-family detached; description. A dwelling designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot or within a group development. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.
 |
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Single-family Detached Dwelling Unit
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[1]
Parking requirements: minimum number of off-street
parking spaces required on the lot (Includes garage, drives and all
designated parking surfaces): three spaces.
(b)
Duplex; description. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on the same lot, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.
 |
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Duplex
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[1]
Parking requirements: minimum number of off-street
parking spaces required on the lot (includes garage, drives and all
designated parking surfaces): three spaces.
(c)
Twin-house; description. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on individual lots, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.
 |
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Twin House
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[1]
Parking requirements: minimum number of off-street
parking spaces required on the lot (includes garage, drives and all
designated parking surfaces): three spaces.
(d)
Two-flat house; description. This dwelling unit type consists of a two-family residence which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (s. 101.60-.66) and which has individual dwelling units on multiple levels (rather than side-by-side as for a duplex or twin house). This dwelling unit type also includes any single-family residence that has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a conditional use and must be approved through the procedures of § 325-111. Refer to the illustration below and to Article III for setback requirements labeled in capital letters
 |
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Two-Flat House
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[1]
Parking requirements: minimum number of off-street
parking spaces required on the lot (includes garage, drives and all
designated parking surfaces): three spaces.
(e)
Townhouse; description. This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. No more than four and no less than three townhouse dwelling units may be attached per group. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article III for setback requirements labeled in capital letters
 |
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Townhouse
|
[1]
Parking requirements: minimum number of designated off-street
parking spaces required on the lot: two per unit with two or more
bedrooms; 1.5 per one-bedroom unit; and one per studio unit. Provide
accessible spaces per ADA requirements.
[Amended 6-20-2016 by Ord. No. 05-2016; 11-20-2023 by Ord. No. 09-2023]
(f)
Multiplex; description. This dwelling unit type consists of an attached, multifamily residence that has a private, individual exterior entrance. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than four and no less than three multiplex dwelling units may be attached per group. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article III for setback requirements labeled in capital letters
 |
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Multiplex
|
[1]
Parking requirements: minimum number of designated off-street
parking spaces required on the lot: two per unit with two or more
bedrooms; 1.5 per one-bedroom unit; and one per studio unit. Provide
accessible spaces per ADA requirements.
[Amended 6-20-2016 by Ord. No. 05-2016; 11-20-2023 by Ord. No. 09-2023]
(g)
Apartment; description. This dwelling unit type consists of an attached, multifamily residence that takes access from a shared entrance or hallway. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than eight dwelling units, and no less than three, may be located in a building. As part of the conditional use requirements for group developments, any development comprised of one or more buildings, which contain four or more dwelling units, are considered a distinct land use type from apartments with three or four dwelling units in the building. Refer to the illustration below and to Article III for setback requirements labeled in capital letters
 |
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Apartment
|
[1]
Parking requirements: minimum number of designated off-street
parking spaces required on the lot: two per unit with two or more
bedrooms; 1.5 per one-bedroom unit; and one per studio unit. Provide
accessible spaces per ADA requirements.
[Amended 6-20-2016 by Ord. No. 05-2016; 11-20-2023 by Ord. No. 09-2023]
(h)
Mobile home; description. This dwelling unit type consists of a transportable, factory-built fully detached, single-family residence, which has not received a federal manufactured housing certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission. Refer to the illustration below and to Article III for setback requirements labeled in capital letters
.tif.png) |
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Mobile Home (Land Use)
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[1]
Parking requirements: minimum number of off-street
parking spaces required on the lot (includes garage, drives and all
designated parking surfaces): two spaces.
(i)
Senior multifamily dwelling unit; description. One or more multifamily
residential dwelling units intended for and occupied by a person who
is 55 years of age or older, or a family, the head of which (or a
spouse) is 55 years of age or older, and which is not a licensed nursing
home or CBRF.
[Added 6-20-2016 by Ord.
No. 05-2016]
[1]
Parking requirements: minimum number of designated off-street parking spaces required on the lot: two per unit with three or more bedrooms; one per two-bedroom, one-bedroom, or studio. Detached senior dwelling units (single-family, duplex, twin home) require parking as defined by § 325-49A(1)(a) through (c). Provide accessible spaces per ADA requirements.
[Amended 11-20-2023 by Ord. No. 09-2023]
(2)
Institutional residential development. See § 325-49C(6).
(a)
Parking requirements: minimum number of designated off-street
parking spaces required on the lot: 2 per unit with two or more bedrooms;
1.5 per one-bedroom unit; and one per studio unit. Provide accessible
spaces per ADA requirements.
[Amended 6-20-2016 by Ord. No. 05-2016; 11-20-2023 by Ord. No. 09-2023]
(3)
Mobile home subdivision residential development; description. This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 325-49A(1)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).
(a)
Regulations.
[1]
The minimum size of the mobile home development
shall be five acres.
[2]
The minimum lot size shall comply with the minimum
dimensional requirements for single-family detached (site-built) lots
within the zoning district.
[3]
The mobile home development shall be located
so as to blend with adjacent residentially zoned areas.
[4]
No direct access from the development shall
be made available to local residential streets developed with conventional
one-family or two-family housing.
[5]
A thirty-foot-wide landscaped buffer which provides
continuous year-round screening to a minimum height of eight feet
shall be required along all property lines abutting residentially
zoned property and may be required around the entire perimeter of
the subject property.
[6]
A community room shall be provided within the
development which must provide an emergency public shelter with capacity
designed to serve the residents of the development, at an assumed
population of 2.5 residents per dwelling unit.
[7]
Each dwelling unit shall provide two off-street
parking spaces.
[8]
Each dwelling unit shall have a garage, either
attached or detached, if 60% of other dwellings within 500 feet have
a garage.
[9]
Each dwelling unit shall be placed on a foundation
and secured with a tie-down technique approved by the Building Inspector.
Residential masonry or residential siding materials shall be required
for skirting around the entire perimeter of each unit.
[10]
Each dwelling unit shall have a minimum width
of 22 feet, exclusive of attached garage, carport or open deck, if
60% of the dwellings within 500 feet have a width of 22 feet.
[11]
Minimum dwelling core dimensions for the zoning
district shall not apply within this type of development' however,
each dwelling unit shall have siding and roofing materials comparable
with 60% of the dwellings within 500 feet of the dwelling in question.
(4)
Mobile home park residential development; description. This land use is a form of conventional residential development exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the pads and mobile home units must meet the requirements for mobile homes listed in § 325-49A(1)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).
(a)
Regulations.
[1]
The minimum size of the mobile home development
shall be five acres.
[2]
The minimum air pad size shall comply with the
minimum dimensional requirements for single-family detached (site-built)
lots within the zoning district.
[3]
The mobile home development shall be located
so as to blend with adjacent residentially zoned areas.
[4]
No direct access from the development shall
be made available to local residential streets developed with conventional
one-family or two-family housing.
[5]
A thirty-foot-wide landscaped buffer which provides
continuous year-round screening to a minimum height of eight feet
shall be required along all property lines abutting residentially
zoned property and may be required around the entire perimeter of
the subject property.
[6]
A community room shall be provided within the
development which must provide an emergency public shelter with capacity
designed to serve the residents of the development, at an assumed
population of 2.5 residents per dwelling unit.
[7]
Each dwelling unit shall provide two off-street
parking spaces.
[8]
Each dwelling unit shall have a garage, either
attached or detached, if 60% of other dwellings within 500 feet have
a garage.
[9]
Each dwelling unit shall be placed on a foundation
and secured with a tie-down technique approved by the Building Inspector.
Residential masonry or residential siding materials shall be required
for skirting around the entire perimeter of each unit.
[10]
Each dwelling unit shall have a minimum width
of 22 feet, exclusive of attached garage, carport or open deck, if
60% of the dwellings within 500 feet have a width of 22 feet.
[11]
Minimum dwelling core dimensions for the zoning
district shall not apply within this type of development; however,
each dwelling unit shall have siding and roofing materials comparable
with 60% of the dwellings within 500 feet of the dwelling in question.
(5)
Regulation of mobile home park or subdivision legally
established before insert November 18, 2002.
(a)
All such mobile home parks or subdivisions are
considered a legal conforming land use.
(b)
All such dwelling units within such parks are
exempt from the requirements of §§ 325-49A(3)and 325-49A(4).
(c)
New or replacement dwelling units within such
parks are also exempt from the same requirements.
(6)
Note regarding percentage of green space and maximum
density yield. This estimate is provided as a general rule of thumb
for the convenience of the users of this chapter. Such a yield is
not to be considered as ensured by the provisions of this chapter.
B.
Agricultural land uses.
(1)
Cultivation; description. Cultivation land uses include
all operations primarily oriented to the on-site, outdoor raising
of plants. This land use includes trees which are raised as a crop
to be replaced with more trees after harvesting, such as in nursery
or Christmas tree operations. The raising of plants for consumption
by farm animals is considered cultivation if said plants are consumed
by animals that are located off-site.
(2)
(3)
Intensive agriculture; description. Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 325-10) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.
(a)
Regulations.
[1]
Shall not be located in, or adjacent to, an
existing or platted residential subdivision.
[2]
Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 325-62.)
[3]
All buildings, structures, outdoor storage areas
and outdoor animal containments (pastures, pens and similar areas)
shall be located a minimum of 300 feet from all residentially zoned
property and 100 feet from all other lot lines.
[4]
Shall be located in an area that is planned
to remain commercially viable for agricultural land uses.
(4)
Agricultural service; description. Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses, see § 325-49E(6)].
(a)
Regulations.
[1]
Shall not be located in, or adjacent to, an
existing or platted residential subdivision.
[2]
All buildings, structures, outdoor storage areas
and outdoor animal containments (pastures, pens and similar areas)
shall be located a minimum of 100 feet from all lot lines.
[3]
If within the RH District, shall be located
in an area that is planned to remain commercially viable for agricultural
land uses.
(5)
On-site agricultural retail description. On-site agricultural
retail land uses include land uses solely associated with the sale
of agricultural products grown exclusively on the site. The sale of
products grown or otherwise produced off site shall not be permitted
within on-site agricultural retail operations and such activity constitutes
retail sales as a commercial land use. Packaging and equipment used
to store, display, package or carry products for the convenience of
the operation or its customers (such as egg cartons, baskets, containers
and bags) shall be produced off site.
(a)
Regulations.
[1]
No structure or group of structures shall exceed
500 square feet in floor area.
[2]
No structure shall exceed 12 feet in height.
[3]
All structures shall meet all required setbacks
for nonresidential land uses.
[4]
Signage shall be limited to one on-site sign
that shall not exceed 30 square feet in area.
[5]
Such land use shall be served by no more than
one driveway. Said driveway shall require a valid driveway permit.
[6]
A minimum of one parking space shall be required
for every 200 square feet of product display area.
[7]
The sale of products grown or otherwise produced
on nonadjacent property under the same ownership, or on property under
different ownership, shall be prohibited.
[8]
Said structure and fencing shall be located
a minimum of 300 feet from any residentially zoned property.
(6)
Selective cutting; description. Selective cutting land uses include any operation associated with the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads that are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting. [See Subsection B(7) below.]
(a)
Regulations: not applicable.
(7)
Clear cutting; description. Clear cutting land uses include the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of §§ 325-25 and 325-26) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.
(a)
Regulations.
[1]
Applicant shall demonstrate that clear cutting
will improve the level of environmental protection on the subject
property.
[2]
Areas of the subject property, which are clear-cut beyond the limitations established above, shall be replanted per the requirements of § 325-61. (Referenced section requires the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)
C.
Institutional land uses.
(1)
Passive outdoor public recreational; description. Passive outdoor public recreational land uses include all recreational land uses located on public property that involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use [see Subsection C(2) below], picnic areas, picnic shelters, gardens, fishing areas and similar land uses.
(a)
Parking requirements: one space per four expected
patrons at maximum capacity for any use requiring over five spaces.
(2)
Active outdoor public recreational; description. Active
outdoor public recreational land uses include all recreational land
uses located on public property that involve active recreational activities.
Such land uses include playcourts (such as tennis courts and basketball
courts), playfields (such as ball diamonds, football fields, and soccer
fields), tot lots, outdoor swimming pools, swimming beach areas, fitness
courses, public golf courses and similar land uses.
(a)
Regulations.
[1]
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
[2]
All structures and active recreational areas
shall be located a minimum of 50 feet from any residentially zoned
property in parks greater than one acre in size. In parks one acre
or less, all structures and active recreational areas shall be located
a minimum of 15 feet from any residentially zoned property; and structures
and active recreational areas located less than 40 feet from a residentially
zoned property shall have a landscaping buffer with a 0.6 opacity
rating along the property boundary with the residentially zoned property
and adjacent to the activity area.
[Amended 10-19-2020 by Ord. No. 10-2020]
[3]
Facilities that serve a community-wide function
shall be located with primary vehicular access on a collector or arterial
street.
[4]
Facilities that serve a regional or community-wide
function shall provide off-street passenger loading area if the majority
of the users will be children.
(b)
Parking requirements: one space per four expected
patrons at maximum capacity for any use requiring over five spaces.
(3)
Indoor institutional; description. Indoor institutional
land uses include all indoor public and not for profit recreational
facilities (such as gyms, swimming pools, libraries, museums and community
centers), schools, colleges, churches, nonprofit clubs, nonprofit
fraternal organizations, convention centers, hospitals, jails, prisons
and similar land uses.
(a)
Regulations.
[1]
Shall be located with primary vehicular access
on a collector or arterial street.
[2]
Shall provide off-street passenger loading area
if the majority of the users will be children (as in the case of a
school, church, library or similar land use.)
[3]
All structures shall be located a minimum of
50 feet from any residentially zoned property.
(b)
Parking requirements: generally, one space per
three expected patrons at maximum capacity. However, see additional
specific requirements below:
[1]
Church: one space per five seats at the maximum
capacity.
[2]
Community or recreation center: one space per
250 square feet of gross floor area or one space per four patrons
to the maximum capacity, whichever is greater, plus one space per
employee on the largest work shift.
[3]
Funeral home: one space per three patron seats
at the maximum capacity, plus one space per employee on the largest
work shift.
[4]
Hospital: two spaces per three patient beds,
plus one space per staff doctor and each other employee on the largest
work shift.
[5]
Library or museum: one space per 250 square
feet of gross floor area or one space per four seats to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
[6]
Elementary and junior high: one space per teacher
and per staff member, plus one space per two classrooms.
[7]
Senior high: one space per teacher and staff
member, plus one space per five nonbused students.
[8]
College or trade school: one space per staff
member on the largest work shift, plus one space per two students
of the largest class attendance period.
(4)
Outdoor institutional description. Outdoor institutional
land uses include public and private cemeteries, privately held permanently
protected green space areas, country clubs, nonpublic golf courses
and similar land uses.
(a)
Regulations.
[1]
Shall be located with primary vehicular access
on a collector or arterial street.
[2]
Shall provide off-street passenger loading area
if a significant proportion of the users will be children.
[3]
All structures and actively used outdoor recreational
areas shall be located a minimum of 50 feet from any residentially
zoned property.
(b)
Parking requirements: generally, one space per
three expected patrons at maximum capacity. However, see additional
specific requirements below:
[1]
Cemetery: one space per employee, plus one space
per three patrons to the maximum capacity of all indoor assembly areas.
[2]
Golf course: 36 spaces per nine holes, plus
one space per employee on the largest work shift, plus 50% of spaces
otherwise required for any accessory uses (e.g., bars, restaurant).
[3]
Swimming pool: one space per 75 square feet
of gross water area.
[4]
Tennis court: three spaces per court.
(5)
Public service and utilities; description. Public
service and utilities land uses include all Village, county, state,
and federal facilities (except those otherwise treated in this section),
emergency service facilities such as fire departments and rescue operations,
wastewater treatment plants, water towers, utility and public-service-related
distribution facilities and similar land uses.
[Amended 12-20-2021 by Ord. No. 14-2021]
(a)
Regulations.
[1]
Outdoor storage areas shall be located a minimum
of 50 feet from any residentially zoned property.
[2]
All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of .60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
[3]
All structures shall be located a minimum of
20 feet from any residentially zoned property.
[4]
The exterior of all buildings shall be compatible
with the exteriors of surrounding buildings.
(b)
Parking requirements: one space per employee
on the largest work shift, plus one space per company vehicle normally
stored or parked on the premises, plus one space per 500 square feet
of gross square feet of office area.
(6)
Institutional residential; description. This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, dormitories, group homes, monasteries, convalescent homes, limited care facilities, rehabilitation centers and similar land uses not considered to be community living arrangements under the provisions of Wis. Stats. s. 62.23. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space [see § 325-49A(6) above]. The density of institutional residential land uses shall be regulated on a case-by-case basis as determined by the Plan Commission through the site plan review and conditional use process. Factors such as on-site conditions, uses and development intensity and such as off-site conditions, uses and development intensity shall be considered.
(a)
Regulations.
[1]
The proposed site shall be located so as to
avoid disruption of an established or developing office area. Within
the Neighborhood Office (NO) and Planned Office (PO) Districts, institutional
residential developments shall be designed so as to maintain the character
of the adjacent properties.
[2]
Shall be located with primary vehicular access
on a collector or arterial street.
[3]
No access shall be permitted to a local residential
street.
[4]
Applicant shall provide off-street passenger
loading area at a minimum of one location within the development.
[5]
All structures shall be located a minimum of
50 feet from any residentially zoned property which does not contain
an institutional residential land use.
(b)
Parking requirements.
[1]
Monastery or convent: one space per six residents,
plus one space per employee on the largest work shift, plus one space
per five chapel seats if the public may attend.
[2]
Nursing home: one space per six patient beds,
plus one space per employee on the largest work shift, plus one space
per staff member and per visiting doctor.
[3]
Dormitory: one space per three residents or
dorm apartment units (whichever requires the larger amount of parking),
not including residents subject to on-campus ownership prohibitions
imposed by the institution.
(7)
Community living arrangement (one to eight residents);
description. Community living arrangement land uses include all facilities
provided for in Wis. Stats. s. 46.03(22), including child welfare
agencies, group homes for children and community based residential
facilities. Community living arrangements do not include day-care
centers (see separate listing); nursing homes (an institutional residential
land use); general hospitals, special hospitals, prisons or jails
(all indoor institutional land uses). Community living arrangement
facilities are regulated depending upon their capacity as provided
for in Wis. Stats. s. 62.23.
(a)
Regulations.
[1]
No community living arrangement shall be established
within 2,500 feet of any other such facility, regardless of its capacity,
unless specifically exempted by action of the Plan Commission.
[2]
The applicant shall demonstrate that the total
capacity of all community living arrangements (of all capacities)
in the Village shall not exceed 1% of the Village's population (unless
specifically authorized by the Village Board following a public hearing).
[3]
Foster homes housing four or fewer children and licensed under Wis. Stats. s. 48.62 shall not be subject to Subsection C(7)(a)[1] above and shall not be subject to, or count toward, the total arrived at Subsection C(7)[2] above.
(b)
Parking requirements: three spaces.
(8)
Community living arrangement (nine to 15 residents); description. See Subsection C(7) above.
(a)
Regulations.
[1]
No community living arrangement shall be established
within 2,500 feet of any other such facility, regardless of capacity,
unless specifically exempted by action of the Plan Commission.
[2]
The applicant shall demonstrate that the total
capacity of all community living arrangements (of all capacities)
in the Village shall not exceed 1% of the Village's population (unless
specifically authorized by the Village Board following a public hearing).
(b)
Parking requirements: four spaces.
(9)
Community living arrangement (16+ residents); description. See Subsection C(7) above.
(a)
Regulations.
[1]
No community living arrangement shall be established
within 2,500 feet of any other such facility, regardless of capacity,
unless specifically exempted by action of the Plan Commission.
[2]
The total capacity of all community living arrangements
(of all capacities) in the Village shall not exceed 1% of the Village's
population (unless specifically authorized by the Village Board following
a public hearing).
(b)
Parking requirements: one space per every three
residents.
(10)
Electrical substation; description: a structure or facility
that is part of an electrical generation, transmission, or distribution
system for the purpose of changing voltage and other similar uses.
[Added 12-20-2021 by Ord. No. 14-2021]
(a)
Regulations.
[1]
No outdoor storage is permitted unless otherwise approved by
the Village. Temporary material storage is permitted during facility
construction or repair.
[2]
A landscaped bufferyard with minimum opacity of 0.60 shall be
continually maintained between the property line and the fenced/enclosed
area of the facility.
[3]
New distribution and transmission lines associated with the
facility shall be placed underground unless the Village determines
it is infeasible to do so.
[4]
When located adjacent to a residentially zoned property, all
fencing shall be an opaque material such as masonry.
D.
Commercial land uses.
(1)
Office; description. Office land uses include all
exclusively indoor land uses whose primary functions are the handling
of information or administrative services. Such land uses do not typically
provide services directly to customers on a walk-in or on-appointment
basis.
(a)
Parking requirements: one space per 300 square
feet of gross floor area.
(2)
Personal or professional service; description. Personal
service and professional service land uses include all exclusively
indoor land uses whose primary function is the provision of services
directly to an individual on a walk-in or on-appointment basis. Examples
of such uses include professional services, insurance or financial
services, realty offices, medical offices and clinics, veterinary
clinics, barber shops, beauty shops and related land uses.
(a)
Parking requirements: one space per 300 square
feet of gross floor area.
(3)
Indoor sales or service; description. Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as outdoor display incidental to indoor sales under accessory uses [§ 325-49H(6)]. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [See Subsection D(4) below]. Artisan studios are regulated in § 325-49D(18).
(4)
Outdoor display; description. Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard. (See § 325-49E below also.) [Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 325-49H(6) as outdoor display incidental to indoor sales.]
(a)
Regulations.
[1]
The display of items shall not be permitted
in permanently protected green space areas, required landscaped areas
or required bufferyards.
[2]
The display of items shall not be permitted
within required setback areas for the principal structure.
[3]
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 325-75. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
[4]
Display areas shall be separated from any vehicular
parking or circulation area by a minimum of 10 feet. This separation
shall be clearly delimited by a physical separation such as a greenway,
curb, fence or line of planters or by a clearly marked paved area.
[5]
Signs, screening, enclosures, landscaping or
materials being displayed shall not interfere in any manner with either
on-site or off-site traffic visibility, including potential traffic/traffic
and traffic/pedestrian conflicts.
[6]
Outdoor display shall be permitted during the
entire calendar year; however, if goods are removed from the display
area, all support fixtures used to display the goods shall be removed
within 10 calendar days of the goods' removal.
[7]
Inoperative vehicles or equipment, or other
items typically stored or displayed in a junkyard or salvage yard,
shall not be displayed for this land use.
[8]
Facility shall provide a bufferyard with a minimum opacity of .60 along all borders of the display area abutting residentially zoned property except per Subsection D(4)(a)[5] above (see § 325-62).
(b)
Parking requirements: one space per 300 square
feet of gross floor area.
(5)
Indoor maintenance service; description. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use [see § 325-49D(17)].
(a)
Parking requirements: one space per 300 square
feet of gross floor area.
(6)
Outdoor maintenance service; description. Outdoor
maintenance services include all land uses which perform maintenance
services, including repair, and have all, or any portion, of their
operations located outside of an enclosed building.
(7)
In-vehicle sales or service; description. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity [except vehicle repair and maintenance services, see § 325-49D(17)]. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see § 325-49H(7)].
(a)
Regulations.
[1]
Clearly marked pedestrian crosswalks shall be
provided for each walk-in customer access to the facility adjacent
to the drive-through lane(s).
[2]
The drive-through facility shall be designed
so as to not impede or impair vehicular and pedestrian traffic movement
or exacerbate the potential for pedestrian/vehicular conflicts.
[3]
In no instance shall a drive-through facility
be permitted to operate which endangers the public safety, even if
such land use has been permitted under the provisions of this section.
[4]
The setback of any overhead canopy or similar
structure shall be a minimum of 10 feet from all street rights-of-way
lines, a minimum of 20 feet from all residentially zoned property
lines and shall be a minimum of five feet from all other property
lines. The total height of any overhead canopy or similar structure
shall not exceed 20 feet as measured to highest part of structure.
[5]
All vehicular areas of the facility shall provide
a surface paved with concrete or bituminous material which is designed
to meet the requirements of a minimum four-ton axle load.
[6]
Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).
[7]
Interior curbs shall be used to separate driving
areas from exterior fixtures such as fuel pumps, vacuums, menu boards,
canopy supports and landscaped islands. Said curbs shall be a minimum
of six inches high and be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
(b)
Parking requirements: one space per 50 square
feet of gross floor area. Each drive-up lane shall have a minimum
stacking length of 100 feet behind the pass-through window and 40
feet beyond the pass-through window.
(8)
Indoor commercial entertainment; description. Indoor
commercial entertainment land uses include all land uses which provide
entertainment services entirely within an enclosed building. Such
activities often have operating hours which extend significantly later
than most other commercial land uses. Examples of such land uses include
restaurants, taverns, theaters, health or fitness centers, all forms
of training studios (dance, art, martial arts, etc.), bowling alleys,
arcades, roller rinks and pool halls.
(a)
Regulations.
[1]
If located on the same side of the building
as abutting residentially zoned property, no customer entrance of
any kind shall be permitted within 150 feet, or as far as possible,
of a residentially zoned property.
(b)
Parking requirements: one space per every three
patron seats or lockers (whichever is greater) or one space per three
persons at the maximum capacity of the establishment (whichever is
greater).
(9)
Outdoor commercial entertainment; description. Outdoor
commercial entertainment land uses include all land uses which provide
entertainment services partially or wholly outside of an enclosed
building. Such activities often have the potential to be associated
with nuisances related to noise, lighting, dust, trash and late operating
hours. Examples of such land uses include outdoor commercial swimming
pools, driving ranges, miniature golf facilities, amusement parks,
drive-in theaters, go-cart tracks and racetracks.
(a)
Regulations.
[1]
Activity areas shall not be located closer than
300 feet to a residentially zoned property.
[2]
Facility shall provide bufferyard with minimum opacity of .80 along all borders of the property abutting residentially zoned property (see § 325-62).
[3]
Activity areas (including drive-in movie screens)
shall not be visible from any residentially zoned property.
(b)
Parking requirements: one space for every three
persons at the maximum capacity of the establishment.
(10)
Commercial animal boarding; description. Commercial
animal boarding facility land uses include land uses which provide
short-term and/or long-term boarding for animals. Examples of these
land uses include commercial kennels and commercial stables. Exercise
yards, fields, training areas and trails associated with such land
uses are considered accessory to such land uses and do not require
separate consideration.
(11)
Commercial indoor lodging; description. Commercial
indoor lodging facilities include land uses which provide overnight
housing in individual rooms or suites of rooms, each room or suite
having a private bathroom. Such land uses may provide in-room or in-suite
kitchens and may also provide indoor recreational facilities for the
exclusive use of their customers. Restaurant, arcades, fitness centers
and other on-site facilities available to nonlodgers are not considered
accessory uses and therefore require review as a separate land use.
(a)
Regulations.
[1]
If located on the same side of a building as
abutting residentially zoned property, no customer entrance of any
kind shall be permitted within 100 feet of a residentially zoned property.
[2]
Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).
[3]
Within the PO District, each and every room
must take primary access via an individual interior door and may not
be accessed via an external balcony, porch or deck except for emergency
purposes.
(b)
Parking requirements: one space per bedroom,
plus one space for each employee on the largest work shift.
(12)
Bed-and-breakfast establishment; description.
Bed-and-breakfast establishments are exclusively indoor lodging facilities
which provide meals only to paying lodgers. Such land uses may provide
indoor recreational facilities for the exclusive use of their customers.
(a)
Regulations.
[1]
All such facilities shall be required to obtain
a permit to serve liquor, if applicable. They shall be inspected annually
at a fee as established by a separate ordinance to verify that the
land use continues to meet all applicable regulations.
[2]
One sign, with a maximum area of 24 square feet,
inclusive of all sign sides, shall be permitted on the property.
[3]
Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).
[4]
No premises shall be utilized for a bed-and-breakfast
operation unless there are at least two exits to the outdoors from
such premises. Rooms utilized for sleeping shall have a minimum size
of 100 square feet for two occupants with an additional 30 square
feet for each additional occupant to a maximum of four occupants per
room. Each sleeping room used for the bed-and-breakfast operation
shall have a separate operational smoke detector alarm, as required
in the Building Code. One lavatory and bathing facility shall be required
for every 10 occupants, in addition to the owner/occupants personal
facilities.
[5]
The dwelling unit in which the bed-and-breakfast
takes place shall be the principal residence of the operator/owner,
and said operator/owner shall live on the premises when the bed-and-breakfast
operation is active.
[6]
Only the meal of breakfast shall be served to
overnight guests.
[7]
Each operator shall keep a list of names of
all persons staying at the bed-and-breakfast operation. This list
shall be kept on file for a period of one year. Such list shall be
available for inspection by Village officials at any time.
[8]
The maximum stay for any occupants of a bed-and-breakfast
operations shall be 14 days.
[9]
It shall be unlawful for any persons to operate
a bed-and-breakfast operation as defined and as permitted in the Municipal
Code of the Village of Cottage Grove without first having obtained
a conditional use permit.
[10]
Applicants applying for a conditional
use permit to operate a bed-and-breakfast shall submit a floor plan
of the single-family dwelling unit illustrating that the proposed
operation will comply with the Village Zoning Ordinance, other applicable
Village codes and ordinances and within the terms of this chapter.
[11]
In the Plan Commission's determination
of the number of bed-and-breakfast operations required to provide
for such public convenience and necessity, the Plan Commission shall
consider the effect upon residential neighborhoods, conditions of
existing bed-and-breakfasts and the necessity of issuance of additional
bed-and-breakfasts for public service.
[12]
Public nuisance violations. Bed-and-breakfast
operations shall not be permitted whenever the operation endangers
or offends or interferes with the safety or rights of others so as
to constitute a nuisance.
[13]
Suspension, revocation and renewal. Any conditional use permit issued under the provisions of this chapter may be revoked by the Plan Commission (see § 325-111H) for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public and other consideration shall be weighed in determination of such issue.
(b)
Parking requirements: one space per each bedroom.
(13)
Group day-care center (nine or more children);
description. Group day-care centers are land uses in which qualified
persons provide child-care services for nine or more children. Examples
of such land uses include day-care centers and nursery schools. Such
land uses shall not be located within a residential building. Such
land uses may be operated on a for-profit or a not-for-profit basis.
Such land uses may be operated in conjunction with another principal
land use on the same environs, such as a church, school, business
or civic organization. In such instances, group day-care centers are
not considered as accessory uses and therefore require review as a
separate land use.
(14)
Campground; description. Campgrounds include
any facilities designed for overnight accommodation of persons in
tents, travel trailers or other mobile or portable shelters or vehicles.
(15)
Boardinghouse; description. Boardinghomes include
any residential use renting rooms which do not contain private bathroom
facilities (with the exception of approved bed-and-breakfast facilities).
(a)
Regulations.
[1]
Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).
[2]
Shall provide a minimum of one on-site parking
space for each room for rent.
[3]
Shall be located in an area of transition from
residential land uses to nonresidential land uses.
(b)
Parking requirements: one space per room for
rent, plus one space per each employee on the largest work shift.
(16)
Sexually oriented land uses.
(a)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[1]
Adult arcade. "Adult arcade" means a place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
[2]
Adult bookstore, "Adult bookstore" means an
establishment which advertises, sells or rents adult material or offers
for sale or rent adult material and which is not open to the public
generally and which excludes any minor by reason of age. The provisions
of this subsection are not intended to apply if the presumption is
rebutted by evidence that establishes that at the establishment:
[a]
Admission is not restricted to
adults only; and
[b]
All adult material is accessible
only by employees; and
[c]
The gross income from the sale
and/or rental of adult material comprises less than 10% of the gross
income from the sale and rental of the goods or services at the establishment;
and
[d]
The individual items of adult material
offered for sale and/or rental comprise less than 25% of the total
individual new items publicly displayed as stock-in-trade in any of
the following categories: books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videotapes, slides
or other visual representations, or recordings or other audio matter,
or less than 25% of the individual used items publicly displayed at
the establishment as stock-in-trade in the same categories set out
above.
[3]
Adult material. "Adult material" means any one
or more of the following, regardless of whether it is new or used:
[a]
Books, magazines, periodicals or
other printed matter, paintings, drawings or other publications or
graphic media, or photographs, films, motion pictures, videocassettes
or disks, slides or other visual representations, or recordings or
other audio matter which have as their primary or dominant theme matter
depicting, illustrating, describing or relating to a specified sexual
activity or specified anatomical area; or
[b]
Instruments, novelties, devices
or paraphernalia which are designed for use in connection with specified
sexual activities.
[4]
Adult photographic or modeling studios. "Adult
photographic or modeling studios" includes any business establishment
which offers or advertises as its primary business stock-in-trade
the use of its premises for the purpose of photographing or exhibiting
specified sexual activities or specified anatomical areas or the modeling
of apparel that exhibits specified anatomical areas.
[5]
Adult theater. "Adult theater" means an enclosed
building or an enclosed space within a building, or an open-air area
used for presenting either filmed or live plays, dances or other performances,
either by individuals or groups, distinguished or characterized by
an emphasis on material depicting, describing or relating to specific
sexual activities or specified sexual activities or specified anatomical
areas as defined in this chapter for observation by patrons therein.
An establishment which has an adult arcade is considered to be an
adult theater.
[6]
Physical culture establishment. "Physical culture
establishment" means any business establishment which offers or advertises
massage, body rubs or physical contact with specified anatomical areas,
whether or not licensed. Business establishments which routinely provide
medical services by state-licensed medical practitioners and electrolysis
treatment by licensed operators of electrolysis equipment shall be
excluded from the definition of adult physical culture establishments.
[7]
Special cabarets. "Special cabarets" mean any
bar, dance hall, restaurant or other place of business which features
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers, or waiters or waitresses that
engage in specified sexual activates or display specified anatomical
areas, or any such business establishment, the advertising for, or
a sign or signs identifying which, use the words, "adult," "topless,"
"nude," "bottomless" or other words of similar import.
[8]
Adult use. "Adult use" means any business entity
which knowingly or with reason to know permits, suffers or allows
private performances as defined under this chapter. "Adult use" also
shall be defined to include the terms "adult arcade," "adult bookstore,"
"adult booth," "adult theater," "special cabarets," "physical culture
establishments" and "adult photographic or modeling studios," as defined,
dependent upon the activities relating to specified sexual activities
or specified anatomical areas as defined in this chapter.
[9]
Specified sexual activities. "Specified sexual
activities" means simulated or actual:
[a]
Showing of human genitals in a
state of sexual stimulation or arousal;
[b]
Acts of masturbation, sexual intercourse,
sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio,
cunnilingus or excretory functions.
[c]
Fondling or erotic touching of
human genitals, pubic region, anus, buttocks or female breasts.
[10]
Specified anatomical areas. "Specified
anatomical areas" means:
[a]
Less than completely and opaquely
covered human genitals, pubic region and cleavage of the nates of
the buttock.
[b]
Human male genitals in a discernible
turgid state, even if completely and opaquely coved.
[c]
That portion of the human female
breast directly or laterally below a point immediately above the top
of the areola, which shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage
of the human female breast exhibited by dress, blouse, shirt, leotard,
bathing suit or other wearing apparel, provided that the areola is
not so exposed.
[d]
Any covering, tape, plastic, latex
spray or paint or other device which stimulates or otherwise gives
the appearance of the display or exposure of any of the specified
anatomical areas listed above in this definition.
(b)
Restrictions as to location.
[1]
Adult uses, as defined in Subsection D(16)(a) above, are to be restricted as to location in the following manner in addition to any other requirements of the Zoning Code:
[a]
Any of the adult uses specified
in this section shall not be located within a one-thousand-foot radius
of another such use.
[b]
Any of the above adult uses shall
not be located within a one-thousand-foot radius of any area zoned
for residential use.
[c]
Any of the above adult uses shall
not be located within a one-thousand-foot radius of any church or
other place of religious worship, park, playground or athletic field.
[d]
Any of the above adult uses shall
not be located within a one-mile radius of any school.
[e]
The distances provided in this
section shall be measured by following a straight line, without regard
to intervening buildings, from the nearest point of the parcel of
property or the land use district boundary line from which the proposed
land use is to be separated.
(c)
Parking requirements: one space per 300 square
feet of gross floor area or one space per person at the maximum capacity
of the establishment (whichever is greater).
(17)
Vehicle repair and maintenance service; description.
Vehicle repair and maintenance services include all land uses which
perform maintenance services (including repair) to motorized vehicles
and contain all operations (except vehicle storage) entirely within
an enclosed building.
(18)
Artisan studio or artisan production shop; description.
A building or portion thereof used for the preparation, display and
sale of individually crafted artwork, jewelry, furniture, sculpture,
pottery, leathercraft, hand-woven articles and related items as either
a principal use or accessory use. A studio is used by no more than
three artists or artisans. An "artisan production shop" is an artisan
studio used by more than three artists or artisans.
(19)
Payday lender; description. A business, owned by a licensee,
that makes payday loans. Payday loans are defined by Wis. Stats. s.
138.14(k) as a transaction between an individual with an account at
a financial establishment and another person, including a person who
is not physically located in this state, in which the person agrees
to accept from the individual one or more checks, to hold the check
or checks for a period of time before negotiating or presenting the
check or checks for payment, and to loan to the individual, for a
term of 90 days or less, before negotiating or presenting the check
or checks for payment, an amount that is agreed to by the individual;
or a transaction between an individual with an account at a financial
establishment and another person, including a person who is not physically
located in this state, in which the person agrees to accept the individual's
authorization to initiate one or more electronic fund transfers from
the account, to wait a period of time before initiating the electronic
fund transfer or transfers, and to loan to the individual, for a term
of 90 days or less, before initiating the electronic fund transfer
or transfers, an amount that is agreed to by the individual.
[Added 4-21-2014 by Ord. No. 03-2014]
E.
Storage or disposal land uses.
(1)
Indoor storage or wholesaling; description. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 325-49H(8) below.
(a)
Parking requirements: one space per employee on the largest
work shift.
[Amended 6-20-2016 by Ord. No. 05-2016]
(2)
Outdoor storage or wholesaling; description. Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard. [See Subsection E(4) below.]
(a)
Regulations.
[1]
All outdoor storage areas shall be completely
enclosed by any permitted combination of buildings, structures, walls
and fencing. Such walls and fencing shall be a minimum of eight feet
in height and shall be designed to completely screen all stored materials
from view from nonindustrialized areas at an elevation of five feet
above the grade of all adjacent properties and rights-of-way. Said
walls or fencing shall be screened from residentially zoned property
by a bufferyard with a minimum opacity of .80.
[2]
The storage of items shall not be permitted in permanently protected green space areas (see § 325-62).
[3]
The storage of items shall not be permitted
in required frontage landscaping or bufferyard areas.
[4]
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 325-75. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
[5]
Storage areas shall be separated from any vehicular
parking or circulation area by a minimum of 10 feet. This separation
shall be clearly delimited by a physical separation such as a greenway,
curb, fence or line of planters or by a clearly marked paved area.
[6]
Materials being stored shall not interfere in
any manner with either on-site or off-site traffic visibility, including
potential traffic/traffic and traffic/pedestrian conflicts.
[7]
Inoperative vehicles or equipment, or other
items typically stored in a junkyard or salvage yard, shall not be
stored under the provisions of this land use.
[8]
Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).
[9]
All outdoor storage areas shall be located no
closer to a residentially zoned property than the required minimum
setback for buildings on the subject property.
(b)
Parking requirements: one space for every 10,000
square feet of gross storage area, plus one space per each employee
on the largest work shift.
(3)
Personal storage facility; description. Personal storage
facilities are land uses oriented to the indoor storage of items entirely
within partitioned buildings having an individual access to each partitioned
area. Such storage areas may be available on either a condominium
or rental basis. Also known as "mini-warehouses."
(a)
Regulations.
[1]
Facility shall be designed so as to minimize
adverse visual impacts on nearby developments. The color, exterior
materials and orientation of proposed buildings and structures shall
complement surrounding development.
[2]
Facility shall provide a bufferyard with a minimum opacity of .80 along all property borders abutting residentially zoned property (see § 325-62).
[4]
No electrical power shall be run to the storage
facilities except for exterior lighting.
(b)
Parking requirements: one space for each employee
on the largest work shift.
(4)
Junkyard or salvage yard; description Junkyard or
salvage yard facilities are any land or structure used for a salvaging
operation, including but not limited to: the aboveground, outdoor
storage and/or sale of wastepaper, rags, scrap metal and any other
discarded materials intended for sale or recycling; and/or the collection,
dismantlement, storage or salvage of two or more unlicensed and/or
inoperative vehicles. Recycling facilities involving on-site outdoor
storage of salvage materials are included in this land use.
(a)
Regulations.
[1]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).
[2]
All buildings, structures, outdoor storage areas
and any other activity areas shall be located a minimum of 100 feet
from all lot lines.
[3]
In no instance shall activity areas be located
within a required frontage landscaping or bufferyard areas.
(b)
Parking requirements: one space for every 20,000
square feet of gross storage area, plus one space for each employee
on the largest work shift.
(5)
Waste disposal facility; description. Waste disposal facilities are any areas used for the disposal of solid wastes, including those defined by Wis. Stats. s. 144.01(15), but not including composting operations [see Subsection E(6) below].
(a)
Regulations.
[1]
Shall comply with all county, state and federal
regulations.
[2]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 325-62).
[3]
All buildings, structures and activity areas
shall be located a minimum of 300 feet from all lot lines.
[4]
Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 325-87) in any manner.
[5]
Required site plans shall include detailed site
restoration plans, which shall include, at minimum, detailed grading
and revegetation plans, and a detailed written statement indicating
the timetable for such restoration. A surety bond, in an amount equivalent
to 110% of the costs determined to be associated with said restoration
(as determined by a third party selected by the Village), shall be
filed with the Village by the petitioner (subject to approval by the
Village Attorney) and shall be held by the Village for the purpose
of ensuring that the site is restored to its proposed condition. (The
requirement for said surety is waived for waste disposal facilities
owned by public agencies.)
(b)
Parking requirements: one space for each employee
on the largest work shift.
(6)
Composting operation; description. Composting operations
are any land uses devoted to the collection, storage, processing and
or disposal of vegetation.
(a)
Regulations.
[1]
Shall comply with all county, state and federal
regulations.
[2]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see § 325-62).
[3]
All buildings, structures and activity areas
shall be located a minimum of 100 feet from all lot lines.
[4]
No food scraps or other vermin-attracting materials
shall be processed, stored or disposed of on site.
[5]
Operations shall not involve the on-site holding,
storage or disposal of hazardous wastes as defined by state statutes
in any manner.
(b)
Parking requirements: one space for each employee
on the largest work shift.
F.
Transportation land uses.
(1)
Off-site parking lot; description. Off-site parking lots are any areas used for the temporary parking of vehicles that are fully registered, licensed and operative. See also § 325-75 for additional parking regulations.
(2)
Airport/heliport; description. Airports and heliports
are transportation facilities providing takeoff, landing, servicing,
storage and other services to any type of air transportation. The
operation of any type of air vehicle (including ultralight aircraft,
hang gliders, parasails and related equipment, but excepting model
aircraft) within the jurisdiction of this chapter shall occur only
in conjunction with an approved airport or heliport.
(a)
Regulations.
[1]
All buildings, structures, outdoor airplane
or helicopter storage areas and any other activity areas shall be
located a minimum of 100 feet from all lot lines.
(b)
Parking requirements: one space per each employee
on the largest work shift, plus one space per every five passengers
based on average daily ridership.
(3)
Freight terminal; description. Freight terminals are
defined as land and buildings representing either end of one or more
truck carrier line(s) which may have some or all of the following
facilities: yards, docks, management offices, storage sheds, buildings
and/or outdoor storage areas, freight stations and truck maintenance
and repair facilities, principally serving several or many businesses
and always requiring transshipment.
(a)
Regulations.
[1]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).
[2]
All buildings, structures, outdoor storage areas
and any other activity areas shall be located a minimum of 100 feet
from all lot lines abutting residentially zoned property.
[3]
In no instance shall activity areas be located
within a required frontage landscaping or bufferyard areas.
(b)
Parking requirements: one space per each employee
on the largest work shift.
(4)
Distribution center; description. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 325-49H(8) below.
(a)
Regulations.
[1]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).
[2]
All buildings, structures, outdoor storage areas
and any other activity areas shall be located a minimum of 100 feet
from all lot lines abutting residentially zoned property.
[3]
In no instance shall activity areas be located
within a required frontage landscaping or bufferyard areas.
(b)
Parking requirements: one space per each employee
on the largest work shift.
G.
Industrial land uses.
(1)
Light industrial land use; description. Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in Article VI. Light industrial land uses may conduct retail sales activity as an accessory use provided that the requirements of § 325-49H(8) below are complied with.
(2)
Heavy industrial land use; description. Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances that are detectable at the property line; and may involve materials that pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article VI. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
(a)
Regulations.
[1]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see § 325-62).
[2]
All outdoor activity areas shall be located
a minimum of 100 feet from residentially zoned property. No materials
shall be stacked or otherwise stored so as to be visible over bufferyard
screening elements.
(b)
Parking requirements: one space per each employee
on the largest work shift.
(3)
Communication tower; description. Communication towers
include all freestanding broadcasting, receiving or relay structures
and similar principal land uses; and any office, studio or other land
uses directly related to the function of the tower.
(4)
Extraction use; description. Extraction uses include
any land uses involving the removal of soil, clay, sand, gravel, rock,
minerals, peat or other material in excess of that required for approved
on-site development or agricultural activities.
(a)
Regulations.
[1]
Shall receive approval from the county prior
to action by the Village of Cottage Grove and shall comply with all
county, state and federal regulations.
[2]
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 325-62).
[3]
All buildings, structures and activity areas
shall be located a minimum of 300 feet from all lot lines.
[4]
Required site plans shall include detailed site
restoration plans, which shall include, at minimum, detailed grading
and revegetation plans, and a detailed written statement indicating
the timetable for such restoration. A surety bond, in an amount equivalent
to 110% of the costs determined to be associated with said restoration
(as determined by a third party selected by the Village), shall be
filed with the Village by the petitioner (subject to approval by the
Zoning Administrator) and shall be held by the Village for the purpose
of ensuring that the site is restored to its proposed condition. (The
requirement for said surety is waived for publicly owned waste disposal
facilities.)
(b)
Parking requirements: one space per each employee
on the largest work shift.
(5)
Solar
farm; description. Site on which the primary land use is an array
of multiple solar collectors on ground-mounted racks of poles.
[Added 6-21-2021 by Ord. No. 05-2021]
(a)
Regulations.
[1]
A certified professional engineer shall certify the foundation
and design of the solar panels are within accepted professional standards,
given the local soil and climate conditions.
[2]
Systems, equipment, and structures shall not exceed 30 feet
in height.
[3]
Setbacks from equipment to property lines shall match those
for a primary structure in the relevant district.
[4]
Systems, equipment, and structures shall be fully enclosed and
secured by a fence or wall with a height of not less than six feet.
An emergency services key repository and keys shall be provided at
locked entrances for emergency personnel access.
[5]
An appropriate warning sign shall be provided at each entrance
to the facility along the perimeter of the solar farm. The sign at
the entrance to the facility shall include the facility's 911 address
and a twenty-four-hour contact number.
H.
Accessory land uses. Accessory uses are land uses that are incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment [see Subsection H(1) below] or a farm residence [see Subsection H(2) below], in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complementary architectural style and with complementary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.
(1)
Commercial apartment; description. Commercial apartments are dwelling units which are generally located above the ground floor of a building used for a commercial land use (as designated in § 325-49D above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.
(a)
Regulations.
[1]
All commercial apartments shall be located above
the first floor.
[2]
The gross floor area devoted to commercial apartments
shall be counted toward the floor area of a nonresidential development.
[3]
A minimum of one off-street parking space shall
be provided for each bedroom within a commercial apartment. Parking
spaces provided by nonresidential land uses on the site may be counted
for this requirement with the approval of the Zoning Administrator.
(2)
Farm residence; description. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 325-49B above.
(3)
Detached residential garage, carport, utility shed, play structure or lawn ornament; description. A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces and purely decorative garden accessories such as ponds, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. For the purposes of this section, children's play structures, including playhouses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance. It may be located on the same lot as a residential unit or units or on a separate lot in conjunction with a residential land use. See § 325-24 for requirements applicable to legal nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area or which exceed 30% coverage of the rear yard area or which exceed the lot coverage of the principle structure are not permitted in residential districts except as conditional uses in the RH District.
(4)
Company cafeteria; description. A company cafeteria
is a food service operation which provides food only to company employees
and their guests, which meets state food service requirements, and
is located on the same property as a principal land use engaged in
an operation other than food service.
(5)
Company provided on-site recreation; description:.A
company provided on-site recreational facility is any active or passive
recreational facility located on the same site as a principal land
use and which is reserved solely for the use of company employees
and their guests.
(a)
Regulations.
[1]
All structures and actively used outdoor areas
shall be located a minimum of 50 feet from any residentially zoned
property.
[2]
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
[3]
Facilities using night lighting shall require
a conditional use permit.
(6)
Outdoor display incidental to indoor sales and service (more than 12 days); description. See § 325-49D(4).
(a)
Regulations.
[1]
Shall comply with all conditions of § 325-49D(4).
[2]
Display area shall not exceed 25% of gross floor
area of principal building on the site.
(7)
In-vehicle sales and services incidental to on-site principal land use; description. See § 325-49D(7).
(a)
Regulations.
[1]
Shall comply with all conditions of § 325-49D(7).
(8)
Indoor sales incidental to storage or light industrial
land use; description. These land uses include any retail sales activity
conducted exclusively indoors which is incidental to a principal land
use such as warehousing, wholesaling or any light industrial land
use on the same site.
(a)
Regulations.
[1]
Adequate parking, per the requirements of § 325-75, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
[2]
The total area devoted to sales activity shall
not exceed 25% of the total area of the buildings on the property.
[3]
Shall provide rest room facilities directly
accessible from retail sales area.
[4]
Retail sales area shall by physically separated
by a wall from other activity areas.
(9)
Light industrial activities incidental to indoor sales
or service land use; description. These land uses include any light
industrial activity conducted exclusively indoors, which is incidental
to a principal land use such as indoor sales or service, on the same
site.
(a)
Regulations.
[1]
The total area devoted to light industrial activity
shall not exceed 15% of the total area of the buildings on the property
or 5,000 square feet, whichever is less. Areas devoted to artisan
studio uses such as custom ceramics, glass, wood, paper, fabric and
similar crafts may exceed 5,000 square feet with the granting of a
conditional use permit for such use.
(10)
Home occupation; description. It is the intent
of this section to provide a means to accommodate a small home-based
family or professional business without the necessity of a rezoning
from a residential to a commercial district. Approval of an expansion
of a home occupation at a future time beyond the limitations of this
section is not to be anticipated; relocation of the business to an
area that is appropriately zoned may be necessary. Home occupations
are economic activities performed within any single-family detached
residence which comply with the following requirements. Examples include
personal and professional services and handicrafts which comply with
all of the following requirements:
(a)
Regulations.
[1]
The home occupation shall be conducted only
within the enclosed area of the dwelling unit and not within a garage.
[2]
There shall be no exterior alterations which
change the character thereof as a dwelling and/or exterior evidence
of the home occupation other than those signs permitted in the district.
[3]
No storage or display of materials, goods, supplies
or equipment related to the operation of the home occupation shall
be visible outside any structures located on the premises.
[4]
No home occupation use shall create smoke, odor,
glare, noise, dust, vibration, fire hazard, small electrical interference
or any other nuisance not normally associated with the average residential
use in the district.
[5]
Only one sign may be used to indicate the type
of occupation or business. Such sign shall not be illuminated and
shall not exceed two square feet.
[6]
The use shall not involve the use of commercial
vehicles for more than occasional delivery of materials to or from
the premises.
[7]
A permitted home occupation is restricted to
a service-oriented business prohibiting the mass production of items
or products or the sale of items or products on the premises. Examples
of service-oriented businesses are, but are not limited to, computer
programming, accounting, insurance agency and computer-based consulting
and clerical services.
[8]
A permitted home occupation shall not occupy
more than 30% of the floor area of the dwelling.
[9]
Persons employed by a permitted home occupation
shall be limited to the resident family members only.
[10]
Under no circumstances shall a
vehicle repair or bodywork or auto-detailing business qualify as a
home occupation.
(11)
Family day-care home (four to eight children);
description. Family day-care homes are occupied residences in which
a qualified person or persons provide child care for four to eight
children. The care of less than four children is not subject to the
regulations of this chapter. [State law reference: s. 66.304(b)(2),
Wis. Stats.]
(12)
Intermediate day-care home (nine to fifteen
children); description. Intermediate day-care homes are occupied residences
in which a qualified person or persons provide child care for nine
to 15 children. [State law reference: s. 66.304(b)(2), Wis. Stats.]
(13)
Migrant labor camp. Migrant labor camps include
any facility subject to the regulation of Wis. Stats. s. 103.90.
(a)
Regulations.
[1]
Shall be surrounded by a bufferyard with a minimum opacity of .60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see § 325-62).
[2]
Migrant labor camp shall be an accessory use
to an active principal use, under the same ownership, which is located
within the Village.
(14)
On-site parking lot; description. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 325-75.
(15)
Private residential recreational facility; description. This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in this chapter. Materials and lighting shall limit light levels at said property line to be equal to or less than 0.5 footcandles (see § 325-78). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools and recreation-type equipment.
(16)
Private residential kennel; description. A maximum
of any combination of three dogs and/or cats (over six months of age)
are permitted by right for any one residential unit. Any residence
housing a number of dogs and or cats exceeding this number shall be
considered a private residential kennel. Such a kennel (dogs only)
shall require licensing by the Village. In addition to those requirements,
a private residential kennel shall meet the following requirements:
(17)
Private residential stable; description. A private
residential stable is a structure facilitating the keeping of horses
(or similar animals) on the same site as a residential dwelling.
(a)
Regulations.
[1]
A minimum lot area of 218,000 square feet (five
acres) is required for a private residential stable.
[2]
A maximum of one horse per five acres of fully
enclosed (by fencing and/or structures) area is permitted.
[3]
Outdoor containments for animals shall be located
a minimum of 25 feet from any residentially zoned property.
[4]
The minimum permitted size of horse or similar
animal stall shall be 100 square feet.
(18)
Drainage structure; description. These include
all improvements, including but not limited to swales, ditches, culverts,
drains, tiles, gutters, levees, basins, detention or retention facilities,
impoundments and dams intended to effect the direction, rate and/or
volume of stormwater runoff, snowmelt and/or channelized flows across,
within and/or away from a site.
(a)
Regulations.
[1]
Any drainage improvement shall not increase
the rate or volume of discharge from the subject property onto any
adjacent properties, except where regional stormwater management facilities
such as storm sewers and retention or detention facilities are in
place to serve the subject property.
(19)
Filling; description. Filling includes any activity
in an area over 4,000 square feet, or greater than 500 cubic yards
of fill, involving the modification of the earth's surface above that
in its undisturbed state.
(20)
Lawn care; description. Lawn care includes any
activity involving the preparation of the ground and installation
and maintenance of vegetative ground cover (including gardens) which
complies with the Village of Cottage Grove Code. Lawn care is not
permitted in protected wetland areas.
(22)
Exterior communication devices (e.g., satellite
dishes, ham radio towers, television antennas); description. This
land use includes any antennas used for communication reception.
(a)
Regulations.
[1]
Except for television antennas and satellite
dishes 18 inches or smaller, exterior communication devices shall
not be visible from a public street.
[2]
Devices must be sited an equal or greater number
of feet from any property lines as their maximum height and may not
be located in a required street yard.
[3]
The applicant must demonstrate that all reasonable
mechanisms have been used to mitigate safety hazards and the visual
inputs of the device.
(24)
Condominiums.
[Added 4-17-2006 by Ord. No. 03-2006]
(a)
Plan review and approval procedures.
[1]
Purpose. The purpose of this subsection is to
specify the requirements and procedures for the review and approval
of condominium plan applications. The provisions of this subsection
are designed to ensure that all proposed land use and development
activity complies with the requirements of this chapter. Specifically,
this subsection requires that the initiation of all development activity
(including building permits, zoning certificates, occupancy permits
for a change of use of an existing lot or structure where there is
contemplated a site plan revision, clear cutting, grading or filling)
requires the approval of site, building and operational plans by the
Village staff before the building, occupancy and zoning permits can
be issued; except, however, that development activity associated with
an approved final plat of subdivision or certified survey map for
single-family and/or duplex dwelling units. However, a survey map
certified by a registered surveyor shall be prepared for any proposed
development activity for such uses.
[2]
Condominium development and conversions of existing
two-unit buildings shall comply with the requirements for twin homes.
Condominium development and conversions for building containing more
then two dwelling units and with a common hallway shall comply with
the requirements for apartments. Condominium development and conversions
for buildings containing more than two dwelling units and with individual
outside primary entrances shall comply with the requirements for multiplexes.
Finally, any condominium development or conversion involving one or
more buildings with more than four dwelling units, and/or more than
one building on a single parcel, shall comply with the applicable
requirements for group developments, including the required conditional
use permit.
(b)
Site plan procedure.
[1]
Initiation of request for approval of a site
plan. Procedures for approval of a site plan shall be initiated by
the owner(s) of the subject property or their legally authorized representative(s).
[2]
Preapplication meeting. The petitioner shall
first meet with the Zoning Administrator and other applicable Village
staff to discuss preliminary concepts and plans for the development.
Guidance will be provided to the petitioner on technical requirements
and procedures, and a timetable for project review may be discussed.
(c)
Application requirements. All applications for
proposed condominium site plans shall be approved as complete by the
Zoning Administrator prior to the formal initiation of this procedure.
The submittal of an application to the Zoning Administrator to initiate
this procedure shall not occur until the Zoning Administrator has
certified acceptance of the complete application and applicable fees
are paid in full. No placement of the application on any agenda, as
an item to be acted upon, shall occur unless said certification has
occurred. Said complete application shall be comprised of all of the
following:
[1]
Written description of the intended use describing
in reasonable detail or providing for record:
[a]
Existing zoning district(s) [and
proposed zoning district(s) if different].
[b]
Land use plan map designation(s).
[c]
Description of existing environmental
features.
[d]
Current land uses present on the
subject property.
[e]
Proposed certified survey map of
the area.
[f]
Proposed amount of dwelling units,
impervious surface area and landscape surface area and resulting site
density, floor area ratio, impervious surface area ratio and landscape
surface area ratio.
[g]
Separate water and sewer laterals
are provided for each unit. The laterals should be noted on the certified
survey map of the condominium development.
[h]
Exterior building and fencing materials.
[i]
Condominium documents are prepared
and provided.
[j]
Any other information pertinent
to adequate understanding by the Plan Commission of the intended use
and its relationship to nearby properties.
[2]
A small location map, 11 inches by 17 inches,
showing the subject property and all properties within 300 feet and
illustrating its relationship to the nearest street intersection.
(A photocopy of the pertinent section of the Village's Official Zoning
Map with the subject property clearly indicated shall suffice to meet
this requirement.)
[3]
A property site plan drawing (and reduction
scalable at 11 inches by 17 inches) which includes:
[a]
A title block which indicates the
name, address and phone number(s) of the current property owner and/or
agent(s) (developer, architect, engineer, planner) for the project.
[b]
The date of the original plan and
the latest date of revision to the plan.
[c]
A North arrow and a graphic scale.
Said scale shall not be smaller than one inch equals 100 feet.
[d]
A legal description of the subject
property.
[e]
All property lines and existing
and proposed right-of-way lines with bearings and dimensions clearly
labeled.
[f]
All existing and proposed easement
lines and dimensions with a key provided and explained on the margins
of the plan as to ownership and purpose.
[g]
All required building setback lines.
[h]
All existing and proposed buildings,
structures and paved areas, including building entrances, walks, drives,
decks, patios, fences, walls and utility and drainage systems, connections
and fixtures.
[i]
The location and dimension (cross
section and entry throat) of all access points onto public streets.
[j]
The location and dimension of all
on-site parking (and off-site parking provisions if they are to be
employed), including a summary of the number of parking stalls provided
versus required by this chapter.
[k]
The location of all outdoor storage
areas and the design of all screening devices.
[l]
The location, type, height, size
and lighting of all signage on the subject property.
[m]
The location, height, design/type,
illumination power and orientation of all exterior lighting on the
subject property, including a clear demonstration of compliance with
a limit of 1.0 footcandle at nonresidential property lines and 0.5
footcandle at residential property lines.
[n]
The location and type of any permanently
protected green space areas.
[o]
The location of existing and proposed
drainage facilities.
[4]
A detailed landscaping plan of the subject property,
at the same scale as the main plan (and reduction scalable at 11 inches
by 17 inches), showing the location of all required buffer yard and
landscaping areas and existing and proposed landscape point fencing
and berm options for meeting said requirements. The landscaping plan
shall demonstrate complete compliance with the requirements of Village
landscaping requirements. (NOTE: The individual plant locations and
species, fencing types and heights and berm heights need to be provided.)
[5]
A grading and erosion control plan at the same
scale as the main plan (and reduction scalable at 11 inches by 17
inches) showing existing and proposed grades, including retention
walls and related devices, and erosion control measures per Wisconsin
Administrative Code, COMM Chapter 21, Uniform Dwelling Code, and Chapter
65, Commercial Construction.
[6]
Elevation drawings of proposed buildings or
proposed remodeling of existing buildings showing finished exterior
treatment shall also be submitted, with adequate labels provided to
clearly depict exterior materials, texture, color and overall appearance.
Perspective renderings of the proposed project and/or photos of similar
structures may be submitted, but not in lieu of adequate drawings
showing the actual intended appearance of the buildings.
[7]
A certified survey may be required by the Zoning
Administrator in instances where it is necessary to determine compliance
with setback requirements. The survey shall be prepared by a registered
land surveyor and shall depict property lines and proposed buildings,
structures and paved areas.
(d)
Review of complete application by Plan Commission.
[1]
The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of this chapter to ensure attractive, efficient and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, this subsection shall enable the Plan Commission to consider factors related to community aesthetics, urban design and architectural consistency within the community. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per § 325-111C(1) through (5) as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.
[2]
In reviewing said application, the Plan Commission
shall make findings on the following criteria to determine whether
the submitted site plan shall be approved, approved with modification
or denied:
[a]
All standards of this chapter and
other applicable Village, state and federal regulations are met;
[b]
The public health and safety is
not endangered;
[c]
Adequate public facilities and
utilities are provided;
[d]
Adequate control of stormwater
and erosion are provided and drainage patterns and vegetative cover
is maintained insofar as is practical;
[e]
Appropriate traffic control and
parking are provided;
[f]
Appropriate landscaping and open
space areas are provided;
[g]
The appearance of structures maintains
a consistency of design, materials, colors and arrangement with nearby
properties of similar use, which comply with the general architectural
guidelines provided in § 325-49H(2)(d)[2][g][i] through
[v] below:
[i]
Exterior construction materials
shall be of high quality.
[ii]
Exterior building design or appearance
shall not be of such unorthodox or abnormal character in relation
to its surroundings as to be unsightly or offensive to generally accepted
taste and community standards.
[iii]
Exterior building design or appearance
shall not be so identical with nearby buildings so as to create excessive
monotony or drabness. A minimum of five basic home styles shall be
provided in each residential subdivision.
[iv]
Exterior building design or appearance
shall not be constructed or faced with an exterior material which
is aesthetically incompatible with other nearby buildings or which
presents an unattractive appearance to the public and surrounding
properties.
[v]
Exterior building, sign and lighting
design or appearance shall not be sited on the property in a manner
that would unnecessarily destroy or substantially damage the natural
beauty of the area.
(e)
Initiation of land use or development activity.
Except with the written permission of the Zoning Administrator, absolutely
no land use or development activity, including site clearing, grubbing
or grading, shall occur on the subject property prior to the approval
of the required site plan. Any such activity prior to such approval
shall be a violation of this chapter and shall be subject to all applicable
enforcement mechanisms and penalties.
(f)
Modification of an approved plan. Any and all variations between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of Subsections B and C above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
(g)
Sunset clause. An approved site plan not fully
developed within two years of final Village Board approval shall expire,
and all other portions of a project on an approved site plan not fully
developed within a period of five years of final Village Board approval
shall expire, and no additional site plan development shall be permitted
on undeveloped portions of the subject property. The Village Board
may extend this period, as requested per the applicant, through the
conditional use process following a public hearing.
(25)
Accessory outdoor commercial entertainment; description. Accessory
commercial entertainment land uses include all land uses partially
or wholly outside of an enclosed building, and are incidental to the
principal activity conducted on the subject property. Such activities
often have the potential to be associated with nuisances related to
noise, lighting, dust, trash, and late operating hours. Examples of
such land uses include outdoor dining for more than 20 patrons, bars
located outdoors or within on unenclosed structure and related seating,
volleyball courts and similarly scaled recreational facilities.
[Added 9-18-2018 by Ord.
No. 06-2018]
(a)
Regulations.
[1]
Activity areas shall not be located closer than 100 feet to a residentially
zoned property.
[2]
The facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (§ 325-62).
[3]
Activity areas shall not be directly visible from any residentially
zoned property.
[4]
Any amplified noise requires a sound amplification permit.
(b)
Parking requirements: one per four seats.
(26)
Keeping of chickens; description. It is the intent of this section
to provide a means of keeping chickens as an accessory land use at
a single-family residence.
[Added 3-15-2021 by Ord. No. 01-2021]
(a)
Regulations.
[1]
No more than four female chickens are allowed.
[2]
Roosters are not permitted.
[3]
No slaughtering of chickens shall occur on the property.
[6]
Enclosure must be clean, dry, and odor-free and shall be kept in
a manner that will not disturb use or enjoyment of adjacent lots.
[7]
Failure to comply with this section shall be deemed a public nuisance
per Chapter 24.
(27)
Ground-mounted solar energy collection system; description.
Collection system associated with mounting hardware that is affixed
to or placed upon the ground, including but not limited to fixed,
passive, or active tracking racking systems.
[Added 6-21-2021 by Ord.
No. 05-2021]
(a)
Regulations.
[1]
Collection systems shall be permitted in the rear yard only
in SR-4, SR-6, TR-8, and HR-9 Districts, or any yard of all other
districts subject to setbacks below.
[2]
The area of each panel shall be considered impervious for purposes
of calculating lot coverage and landscape surface ratio.
[3]
Maximum height of any ground-mounted solar energy collection
system shall be 15 feet high measured from the base of the pole to
the highest edge of the system.
[4]
The minimum clearance between the lowest point of the system
and the surface on which the system is mounted is 12 inches.
[5]
All parts of the freestanding system shall be back no less than
10 feet from all property lines and shall not be located in any type
of public easement.
(28)
Roof-mounted solar energy collection systems; description. Collection
system structurally mounted to the roof of a building or other permitted
structure, including any limited ground-mounted accessory equipment
associated with the roof-mounted system.
[Added 6-21-2021 by Ord.
No. 05-2021]
(a)
Regulations.
[1]
At the time of permitting the property owner, at the discretion
of the Building Inspector, may be required to provide a report from
a licensed structural engineer stating the roof in question is structurally
sufficient to hold the units.
[2]
Collection systems may be located on any roof face of principal
or accessory buildings. Systems should be flush-mounted when possible.
[3]
Systems shall not extend past the peak of a pitched roof.
(29)
Canopy-mounted solar collection systems; description. Collection
system consisting of elevated solar panels installed above parking
lots, carports, or other paved areas.
[Added 6-21-2021 by Ord.
No. 05-2021]
I.
Temporary land uses.
(1)
General temporary outdoor sales; description. Includes
the display of any items outside the confines of a building, which
is not otherwise permitted as a permitted or conditional use, or a
special event otherwise regulated by the Village Municipal Code. Examples
of this land use include but are not limited to: seasonal garden shops,
tent sales, bratwurst stands and garage sales; however, up to two
garage sales are exempt from the provisions of this section.
(a)
Temporary use regulations.
[1]
Display shall be limited to a maximum of 12
days in any calendar year.
[2]
Display shall not obstruct pedestrian or vehicular
circulation, including vehicular sight distances.
[3]
Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.
[4]
Adequate parking shall be provided.
[5]
If subject property is located adjacent to a
residential area, sales and display activities shall be limited to
daylight hours.
(2)
Outdoor assembly; description. Includes any organized
outdoor assembly of more than 100 persons.
(a)
Temporary use regulations.
[1]
Activities shall not obstruct pedestrian or
vehicular circulation, including vehicular sight distances.
[2]
Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.
[3]
Adequate parking, drinking water and toilet
facilities shall be provided and shall be described in the application.
[4]
If subject property is located adjacent to a
residential area, activities shall be limited to daylight hours unless
otherwise specifically approved by the Village.
[5]
Adequate provisions for crowd control shall
be made and shall be described within the application.
(3)
Contractor's project office; description. Includes
any structure containing an on-site construction management office
for an active construction project.
(a)
Temporary use regulations.
[1]
Structure shall not exceed 2,000 square feet
in gross floor area.
[2]
Facility shall be removed within 10 days of
issuance of occupancy permit.
[3]
Shall not be used for sales activity. [See § 325-49I(6) below.]
[4]
Projects requiring land use to be in place for
more than 365 days shall require a conditional use permit.
(4)
Contractor's on-site equipment storage facility; description.
Includes any structure or outdoor storage area designed for the on-site
storage of construction equipment and/or materials for an active construction
project.
(a)
Temporary use regulations.
(5)
Relocatable building; description. Includes any manufactured building which serves as a temporary building for less than 6 months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 325-111.)
(6)
On-site real estate sales office; description. Includes
any building which serves as an on-site sales office for a development
project.
(a)
Temporary use regulations.
[1]
Structure shall not exceed 5,000 square feet
in gross floor area.
[2]
Facility shall be removed or converted to a
permitted land use within 10 days of the completion of sales activity.
[3]
Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.
[4]
Projects requiring land use to be in place for
more than 365 days shall require a conditional use permit.
(7)
Seasonal outdoor sales of farm products; description.
Includes any outdoor display of farm products not otherwise regulated
by the Village of Cottage Grove Code.
(a)
Temporary use regulations.
A.
Definition.
(1)
A "group development" is any development containing:
(a)
Two or more structures containing principal
land uses on the same lot;
(b)
Any single structure on a single lot which contains
five or more dwelling units or two or more nonresidential uses; and/or,
(c)
Any new institutional, commercial and office
buildings in excess of 40,000 gross square feet and to all multibuilding
group developments in which the combined total of all structures on
a site, regardless of diverse ownership, use or tenancy, combine to
exceed 40,000 square feet.
(d)
Any building additions to institutional, commercial
and office buildings that bring the total building size to over 40,000
gross square feet. These regulations shall apply to the building addition,
the older portions of the building constructed prior to the adoption
of this section and to the site.
(2)
Common examples of group developments include six-unit
apartment buildings, apartment complexes, condominium complexes, strip
centers, shopping centers and office centers. (One tenant office or
commercial buildings containing less than 40,000 square feet of gross
floor area, four-unit apartment buildings and other land uses in which
each nonresidential building contains only one tenant, or where the
lot contains only one structure, or where each residential building
contains four or fewer dwelling units, are not group developments
even though such developments may contain parcels under common ownership.)
B.
Permitted by right: not applicable.
C.
Conditional use regulations. Any land use that is
permitted as a permitted-by-right land use or as a conditional land
use within the applicable zoning district(s) is permitted to locate
within a group development. The detailed land use regulations of this
subsection that pertain to individual land uses shall also apply to
individual land uses within a group development, as well as all other
applicable provisions of this chapter. Therefore, land uses permitted
by right in the zoning district shall be permitted by right within
an approved group development (unless otherwise restricted by the
conditions of approval imposed during the conditional use approval
for the group development as a whole), and land uses permitted as
a conditional use in the zoning district shall be permitted within
the group development only with conditional use approval for the specific
use. In all cases, the following conditional use conditions shall
be applied to the group development as a whole, and to individual
uses within the group development:
(1)
All required off-street parking spaces and access
drives shall be located entirely within the boundaries of the group
development.
(2)
The development shall contain a sufficient number
of waste bins to accommodate all trash and waste generated by the
land uses in a convenient manner.
(3)
No group development shall take access to a local
residential street.
(4)
All development located within a group development
shall be located so as to comply with the intent of this chapter regarding
setbacks of structures and buildings from lot lines. As such, individual
principal and accessory structures and buildings located within group
developments shall be situated within building envelopes that serve
to demonstrate complete compliance with said intent. Said building
envelopes shall be depicted on the site plan required for review of
group developments. The use of this approach to designing group developments
will also ensure the facilitation of subdividing group developments
in the future (if such action is so desired).
(5)
The following standards shall apply to all new institutional,
commercial and office buildings in excess of 40,000 gross square feet
and to all multibuilding group developments in which the combined
total of all structures on a site, regardless of diverse ownership,
use or tenancy, combine to exceed 40,000 square feet. These conditions
shall also be applied to the entire building and site in instances
where building additions bring the total building size to over 40,000
gross square feet. Such conditions shall apply to both the building
additions and to older portions of the building and the site that
were constructed prior to the adoption of this section. This forty-thousand-square-foot
limit shall apply to individual freestanding buildings and to group
developments in which the combined total of all structures on a site,
regardless of diverse use or tenancy, combine to more than 40,000
gross square feet:
(6)
The following standards shall apply to all group developments:
(a)
Building exterior materials shall be of high
quality on all sides of the structure, including glass, brick, decorative
concrete block or stucco. Decorative architectural metal with concealed
fasteners may be approved with special permission from the Village.
(b)
Building exterior design shall be unified in
design and materials throughout the structure and shall be complementary
to other structures in the vicinity. However, the development shall
employ varying building setbacks, height, roof, treatments, door and
window openings and other structural and decorative elements to reduce
the apparent size and scale of the structure. A minimum of 20% of
the combined facades of the structure shall employ actual facade protrusions
or recesses. A minimum of 20% of the combined linear roof eave or
parapet lines of the structure shall employ differences in height
of eight feet or more. Roofs with particular slopes may be required
by the Village to complement existing buildings or otherwise establish
a particular aesthetic objective.
(c)
Mechanical equipment, refuse containers and
any permitted outdoor storage shall be fully concealed from on-site
and off-site ground level views, with materials identical to those
used on the building exterior.
(d)
Standard corporate trademark building designs,
materials, architectural elements and colors all shall be acceptable,
as determined by the Village, only as subtly integrated into the more
generic design of the building as a whole. Color schemes of all architectural
elements shall be muted, neutral, nonreflective and nonuse nor tenant
specific.
(e)
Public entryways shall be prominently indicated
from the building's exterior design and shall be emphasized by on-site
traffic flow patterns. All sides of the building that directly face
or abut a public street shall have public entrances.
(f)
Loading areas shall be completely screened from
surrounding roads, residential, office and commercial properties.
Said screening may be through internal loading areas, screen wall
which will match the building exterior in materials and design, fully
opaque landscaping at time of planting, or combinations of the above.
Gates and fencing may be used for security purposes, but not for screening,
and shall be of high aesthetic quality.
(g)
Vehicle access from public streets shall be
designed to accommodate peak annual 20th hour traffic volumes without
disrupting traffic on public streets from inadequate throat length
access drive width or design or inadequate driveway location. The
impact of traffic generated by the proposed development shall be demonstrated
by a traffic impact analysis performed by the applicant's traffic
engineer to not adversely impact off-site public roads, intersections,
and interchanges during the peak annual 20th hour. Where the project
shall adversely impact off-site traffic, the Village may deny the
application, may require a size reduction in the proposed development
or may require off-site improvements.
(h)
Parking lot design shall employ interior landscaped
islands with a minimum of 400 square feet at all parking isle ends,
and in addition shall provide a minimum of one landscaped island of
a minimum of 400 square feet in each parking isle for every 20 cars
in that aisle. Aisle-end islands shall count toward meeting this requirement.
Landscaped medians shall be used to break large parking areas into
distinct pods, with a maximum of 100 spaces in any one pod.
(i)
A minimum of one two-hundred-square-foot cart
return area shall be provided for every parking area pod. There shall
be no exterior cart return nor cart storage areas located within 25
feet of the building in areas located between the building and a public
street.
(j)
The applicant shall demonstrate full compliance
with Village standards for stormwater, utilities, erosion control
and public safety.
(k)
On-site landscaping shall be provided per the
landscaping requirements of the Village Zoning Ordinance, except that
building foundation landscaping and paved area landscaping shall be
provided at 1.5 times the required landscape points for development
in the zoning district.
(l)
A conceptual plan for exterior signage shall
be provided at time of detailed site plan or GDP that provides for
coordinated and complementary exterior sign location, configurations
and colors throughout the planned unit development. All freestanding
signage within the development shall complement the on-building signage.
Freestanding sign materials and design shall complement building exterior
and may not exceed the maximum height requirement of this chapter.
(m)
The entire development shall provide for full
and safe pedestrian and bicycle access within the development and
shall provide appropriate connections to the existing and planned
pedestrian and bicycle facilities in the community and in surrounding
neighborhoods, including sidewalk connections to all building entrances
from all public streets. The development shall provide secure bicycle
parking and pedestrian furniture in appropriate quantities and location.
(n)
Where such developments are proposed to provide
a new location for a business already located within the community,
a required condition of approval for the new development shall be
a prohibition on conditions of sale, lease or use of the previously
occupied building or site which provide limits beyond the range of
applicable local, state or federal regulations. If such limits are
required, the applicant may seek Village approval to demolish the
previously occupied structure and prepare the site for some future
development.
(o)
The applicant shall provide adequate evidence
that the proposed development and uses cannot be adequately sited
within or on existing developed properties or buildings within the
community.
(p)
The Plan Commission may waive any of the above
standards by a 3/4 vote of members in attendance, but only if supplemental
design elements or improvements are incorporated into the project
that compensate for the waiver of the particular standard.
