[Amended 7-1-2003 by Ord.
No. 03-04; 3-3-2020 by Ord. No. 20-03]
A.
Districts. The Village of New Glarus is hereby divided into the following
types of districts:
(1)
R-1 Residence District.
(2)
R-2 Mobile Home Residence District.
(3)
A Agricultural District.
(4)
C-1 Commercial District.
(5)
C-2 Highway Commercial District.
(6)
I Industrial District.
(7)
W Conservancy District.
(8)
H Historic District.
(9)
S Shoreland-Wetland District.
(10)
PUD Planned Unit Development District.
B.
Zoning Map. The boundaries of these districts are shown upon the map accompanying this chapter, except that § 248-10 of the Municipal Code shall control as to the boundary of the S Shoreland-Wetland District in the event of any conflict. This map is designated as the Zoning Map of the Village of New Glarus. Specifically, the map is titled "Zoning District Map, New Glarus, Wisconsin," adopted June 2, 1996, and as from time-to-time amended. The Zoning Map shall be on file with the Clerk-Treasurer of the Village of New Glarus, together with all notations, references, and other information shown thereon, and is a part of this chapter having the same force and effect as if said Zoning Map and all notations, references and other information shown thereon were fully set forth.
A.
Where district boundaries are so indicated as approximately
following the center lines of streets or highways, street lines or
highway right-of-way lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be construed
to be said boundaries.
C.
Where district boundaries are so indicated that they
are approximately parallel to the center lines or street lines of
streets, or the center lines or right-of-way lines of highways, such
district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Zoning Map. If no distance
is given, such dimension shall be determined by the use of the scale
shown on said Zoning Map.
D.
Where the boundary of a district follows a railroad
line, such boundary shall be deemed to be located in the middle of
the main tracks of said railroad line.
E.
Questions concerning the exact location of district
boundary lines shall be determined by the Village Board.
A.
Purpose. The R-1 Residence District is intended to
provide a quiet, pleasant and relatively spacious living area protected
from traffic hazards and the intrusion of incompatible land uses.
B.
Permitted uses. The following uses are permitted in
this district:
(1)
Single-family dwellings and two-family dwellings.
(2)
Churches, public schools, parochial schools, public
libraries and public museums.
(3)
Municipal buildings, except sewage disposal plants,
garbage incinerators, public warehouses, public garages, public shops,
and storage yards and penal or correctional institutions.
(4)
Public recreational and community center buildings
and grounds.
(5)
Boarding or lodging houses.
(6)
Accessory buildings or one private garage when located
not less than 85 feet from the lot lines.
(7)
Storage garage as part of a housing development, provided
there is not less than 5,000 square feet of lot area per car stored.
(8)
Uses customarily incidental to any of the above uses
when located on the same lot and not involving the conduct of a business,
including home occupations not involving the conduct of a business
on the premises.
(9)
Professional offices.
(11)
Home occupations which have been approved by the Village Plan Commission as provided by Subsection F below.
(12)
Zero lot line/common wall construction.
[Added 8-7-2001 by Ord. No. 01-04]
C.
Conditional uses. The following principal uses are
permitted as conditional uses within this district:
(1)
Multiple-family dwellings.
(2)
Colleges and dormitories, art galleries and day-care
centers.
(3)
Telephone buildings, exchanges and lines and static
transformer stations.
(4)
Clinics and public hospitals.
(5)
Philanthropic and eleemosynary institutions.
(6)
Private clubs, fraternities and lodges.
(7)
Storage garage as part of a housing development.
(8)
Funeral homes and cemeteries.
(9)
Storage units.
(10)
Within portions of the R-1 Residential District
that are bounded by the Fire District, commercial, private or public
parking lots may be constructed subject to the following restrictions
and other restrictions that the Village Board may require:
(a)
Three-feet-high fencing so constructed as to
prevent passage from parking to residential areas.
(b)
Setbacks adjacent to housing of at least three
feet.
(c)
Ground level parking only; no ramps or elevated
structures.
(d)
Installed or constructed curbing at least six
inches above grade level on the side and rear boundaries.
(e)
The parking area must be covered with concrete
or asphalt within 12 months of the commencement of usage of the parking
area.
(f)
The parking area must be equipped with drains
which connect to the storm sewer system or the area must be sloped
to provide drainage away from residential areas and towards streets.
(11)
Facilities that provide services and care to
the elderly or handicapped, which may include nursing homes, assisted
living units and apartments.
(12)
Physical fitness centers.
D.
Height and area. In the Residence District, the height
of buildings, the minimum dimensions of yards and the minimum lot
area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally
altered shall exceed neither 35 feet nor 2 1/2 stories in height.
(2)
Side yard.
(a)
For buildings not over 1 1/2 stories high,
the sum of the widths of the required side yards shall not be less
than 15 feet and no single side yard shall be less than five feet
in width.
(b)
For buildings more than 1 1/2 stories high,
the sum of the widths of the required side yards shall not be less
than 20 feet and no single side yard shall be less than eight feet
in width.
(c)
On a single lot having a width of less than
66 feet and of record at the time of the passage of this chapter,
the sum of the widths of the side yards shall not be less than the
equivalent of 5.5 inches per foot of lot width for buildings not over
1 1/2 stories high and of 6.4 inches per foot of lot width for
buildings from 1 1/2 to 2 1/2 stories high, provided, further,
that the buildable width of any such lot in no case shall be reduced
to less than 24 feet, nor shall the width of any single side yard
be less than 40% of the total required side yard width.
(3)
Front yard setback. Unless otherwise provided, there
shall be a setback line of not less than 25 feet from the property
line, provided that:
(a)
Where 50% or more of the buildings along that
block have an average setback line of less than 25 feet, the front
yard setback line for any new building to be constructed on a vacant
lot along such block shall be the average of the actual setbacks of
the closest two existing principal structures.[1]
(b)
On corner lots, the required side yard setback
on the street side (nonaddress side) of the corner lot shall be the
same as the front yard setback required for structures along said
side street.
(5)
Lot area per dwelling unit. Every building hereafter
erected or structurally altered for occupancy by one family shall
provide a lot area of not less than 8,712 square feet per dwelling
unit and no less than 66 feet in width; buildings hereafter erected
or structurally altered for occupancy by more than one family shall
provide a lot area of not less than 4,350 square feet per dwelling
unit; and no such lot shall be less than 66 feet in width.
(6)
Multifamily housing. Standards for multifamily housing
within the Residence District shall be as follows:
E.
Bed-and-breakfast regulations.
(1)
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this Subsection E, the following terms shall have the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast.
(2)
Compliance. All bed-and-breakfast establishments and
permittees shall be subject to and comply with Chapter HFS 197, Wis.
Adm. Code, relating to bed-and-breakfast establishments or Chapter
HFS 195, Wis. Adm. Code, relating to hotels, motels and tourist rooming
houses.
(3)
Registry. Each bed-and-breakfast establishment shall
provide a register and require all guests to register their true names
and addresses before assigned quarters. The register shall be kept
intact and available for inspection by a Village representative for
a period of not less than one year.
(4)
Occupancy. No guest shall be permitted to occupy space
in a bed-and-breakfast establishment for a longer period than 14 consecutive
days during any thirty-day period.
(5)
Permit required.
(a)
In addition to the permit required by Chapter
HFS 195 or HFS 197, Wis. Adm. Code, before opening for business every
bed-and-breakfast establishment shall obtain a permit from the Village
by application made upon a form furnished by the Village Clerk-Treasurer.
(b)
The permit issued by the Village shall be conspicuously
displayed in the bed-and-breakfast establishment at all times during
the period that the permittee holds such permit.
(6)
Off-street parking. Permits shall be issued only to
those establishments that provide a minimum of one improved off-street
parking space for each room offered for occupancy. Establishments
shall not be subject to the other requirements of the Zoning Code
with respect to traffic, parking and access.
(7)
On-site signs. Total signage shall be limited to a total of eight square feet and may be lighted in such manner and nature as not to alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this Subsection E regulating bed-and-breakfast establishments shall not be subject to the requirements of the Zoning Code with respect to signs.[2]
(8)
Special gatherings. Renting of the bed-and-breakfast
facilities for a special gathering (i.e., wedding reception, parties,
etc.) shall be prohibited.
(9)
Termination of permit. A bed-and-breakfast use permit shall be automatically void upon the sale or transfer of the property ownership or any fractional ownership interest in the property. The Village Board shall review and conditionally approve or disapprove an application proffered by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection E(5) above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section or of State of Wisconsin regulations as set forth in Chapter HFS 195 or HFS 197, Wis. Adm. Code, or as above provided.[3]
(10)
Exceptions. Any exception to the requirements of this Subsection E shall only be allowed upon approval by the Village Board after review by the Plan Commission.
(11)
Fee. The fee for issuance of a Village permit
for a bed-and-breakfast shall be as set by the Village Board, to be
paid prior to the issuance of the permit.
F.
Home occupation regulations.
(1)
Intent. The intent of this Subsection F is to provide a means to accommodate a small family business in residential zoning.
(2)
Regulations.
(a)
Business shall be conducted only within the
enclosed area of the dwelling.
(b)
No alterations shall be made to the exterior
which change the character of the dwelling, and there shall be no
evidence of any kind visible from the exterior of the dwelling or
other structure that will indicate it is being utilized in part for
any purpose other than that of a dwelling or other allowed accessory
use, other than those signs permitted in the district.
(c)
No alterations shall be made to the interior
which are not customary in a dwelling.
(d)
No storage or display of materials, goods, supplies,
or equipment related to the operation of the home occupation shall
be visible outside any structure located on the premises.
(e)
The home occupation must not create environmental,
safety or health hazards such as smoke, odor, glare, noise, dust,
vibrations, fire hazards, small electrical interference, electrical
emissions, any other nuisance not normally associated with the average
residential use in the district, or other fire or safety hazards that
are noticeably out of character with those produced by normal residential
occupancy.
(f)
The use shall not involve the use of commercial
vehicles for more than occasional delivery of materials to or from
the premises, and traffic generated by the home occupation may not
exceed that which is customary to residential occupancies in the neighborhood.
(g)
The sale of goods from the location of the home
occupation shall be limited to items produced on site and the sale
of Tupperware, Shaklee, Amway, and Avon products or other similar
activities that are customarily conducted from a residence as determined
by the Zoning Administrator. The direct sale of goods produced off
site other than those described above to the consumer from the dwelling
is prohibited.
(h)
Under no circumstances shall a vehicle repair
or body work business qualify as a home occupation.
(i)
The home occupation must be clearly secondary
and incidental to the residential use of the property.
(j)
The home occupation must not unreasonably interfere
with the residential occupancy of other parcels in the neighborhood.
(k)
Garage sales as a type of home occupation are
allowable in all residential districts, provided that not more than
two are held on a single premises per year and that each such sale
shall not exceed four days in duration.
(l)
Day care is allowable as a home occupation on
a residential premises.
(m)
No on-site production shall be conducted which
is typically only permitted in industrial zoning.
(n)
Not more then 25% of the floor area of one story
of the dwelling may be devoted to such occupation.
(o)
No sign other than one unlighted nameplate not
more than one foot square may be installed.
(p)
No more than one person other than a member
of the immediate family living on the premises may be employed.
(3)
Compliance checklist. Notwithstanding the above, all
persons who undertake permitted home occupations in residential districts
shall complete and file a compliance checklist, in a form as approved
by the Plan Commission and made available by the Village Clerk-Treasurer,
prior to commencing the home occupation. This form shall be filed
with the Village Clerk-Treasurer, who shall retain the form while
the home occupation is in use. The filed compliance checklist shall
be reviewed by the Zoning Administrator to determine compliance of
the home occupation with this Code. Such form shall be signed by both
the owner and occupier of the premises on which the home occupation
takes place.
A.
Purpose. The R-2 Residence District is intended to
provide a living area that is pleasant but not as spacious as the
R-1 District.
A.
Purpose. The Agricultural District provides exclusively
for agricultural uses and uses compatible with agriculture. The intent
is to help conserve good farming areas and prevent uncontrolled, uneconomical
spread of residential development which results in excessive costs
to the community for premature provision of essential public improvements
and services.
B.
Permitted uses. The following uses are permitted in
this district:
(1)
Single-family dwelling.
(2)
Airports.
(3)
Hospitals and clinics.
(4)
General farming, except farms operated for the disposal
of garbage, rubbish, offal or sewage. Buildings in which farm animals
are kept shall be at least 100 feet from the nearest residential or
commercial district.
(5)
Sewage disposal plants.
(6)
Roadside stands for the sale of farm products produced
on the premises.
(7)
Tourist camps, when such camps provide not less than
1,500 square feet of lot area for each cabin, trailer, tent or house
car and when such camp is clearly bounded by a fence or hedge and
is located not less than 500 feet from the boundary of a residence
district, provided no person or party other than the owner shall occupy
such tourist camp for more than 90 days in any one year.
(8)
Quarries.
C.
Conditional uses. The following principal uses are
permitted as conditional uses in this district:
D.
Height and area. In the Agricultural District, the
height of buildings, the minimum dimensions of yards and the minimum
lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally
altered for human habitation shall exceed neither 35 feet nor 2 1/2
stories in height.
(2)
Side yard. There shall be a side yard on each side of a building used for human habitation, which side yards shall be the same as those established by § 305-15.
(3)
Setback. Unless otherwise provided, there shall be
a setback line of not less than 25 feet, provided that:
(a)
Where 40% or more of the frontage is occupied
with buildings having an average setback line of more or of less than
25 feet, the setback line in any vacant interior lot in such frontage
shall be established at the point of intersection of its center line,
drawn from the front street line, and a line connecting the nearest
points on the setback lines of the next existing buildings on each
side of such vacant lot.
(b)
On corner lots less than 66 feet wide and of
record at the date of the passage of this chapter, where reversed
frontage exists, the setback on the side street shall be not less
than 50% of the setback required on the lot in the rear, and no accessory
building shall project beyond the setback lines of the lots in the
rear, provided that in no case shall the buildable width of such corner
lot be reduced to less than 24 feet.
(4)
Rear yard. There shall be a rear yard having a minimum
depth of 25 feet.
(5)
Lot area per family. Every building hereafter erected
or structurally altered for human habitation shall provide a lot area
of not less than five acres per family, and no such lot shall be less
than 66 feet in width.
[Amended 3-4-2003 by Ord. No. 03-01]
A.
Purpose. The C-1 Commercial District is intended to
provide an area for the business and commercial needs of the community,
especially those which can be most suitably located in a compact and
centrally located business district.
B.
Permitted uses. The following uses are permitted in
this district:
(1)
Any use permitted in the R-1 Residence District.
(2)
Animal hospital and pet shop.
(3)
Art shop, gift shop, jewelry store, and optical store.
(4)
Bank and financial institution, brokerage and pawnbroker.
(5)
Bakery (retail).
(6)
Barbershop and beauty parlor.
(7)
Book and stationery store.
(8)
Bowling alley, pool and billiard room, gymnasium,
dancing school, dance hall, skating rink, and theater, except drive-in
theater.
(9)
Candy store, confectionery store, ice cream store,
soda fountain, and soft drink stand.
(10)
Clinic.
(11)
Convention and exhibition hail.
(12)
Cleaning and dyeing establishment.
(13)
Dress shop, clothing store, dry goods store,
notion shop, hosiery shop, tailor shop, and shoe store.
(14)
Department store.
(15)
Drugstore and pharmacy.
(16)
Food products (retail), grocery store (retail),
delicatessen, meat and fish market, fruit and vegetable store, and
tea and coffee store.
(17)
Florist shop.
(18)
Hardware and paint store.
(19)
Household appliance store, furniture store,
plumbing, heating and electrical supplies, and crockery store.
(20)
Music store, radio store, and radio broadcast
studio.
(21)
Newsstand.
(22)
Photograph studio and photographer's supplies.
(23)
Railroad and bus depot.
(24)
Restaurant, cafeteria, lunch room, refreshment
stand, caterer, and tavern.
(25)
Telegraph and telephone office.
(26)
Tobacco and pipe store.
(27)
Undertaking establishment.
(28)
Any other uses similar in character and the
processing or treatment of products clearly incidental to the conduct
of a retail business on the premises.
(29)
Such accessory uses as are customary in connection
with the foregoing uses and are incidental thereto.
C.
Conditional uses. The following uses are permitted
as conditional uses in this district:
(2)
Electric power substations.
(3)
Microwave radio relay structures.
(4)
The outdoor storage of more than 25 tires.
(5)
Wineries.
(6)
Vehicle sales, new and used.
(7)
Service establishments.
(8)
Sale of recreational vehicles, campers, boats and
trailers.
(9)
Gasoline station/convenience store.
(10)
Hotel.
(11)
Temporary structure.
(12)
Public garage or parking lot.
E.
Height and area. In the C-1 Commercial District the
height of buildings, the minimum dimensions of yards and the minimum
lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally
altered shall not exceed 45 feet nor three stories in height.
(2)
Side yard. For buildings or parts of buildings hereafter
erected or structurally altered for residential use, the side yard
regulations for the R-1 Residence District shall apply.
(3)
Setback. Where parts of the frontage are designated
on the district map as R-1 Residence District and C-1 Commercial District,
the setback regulations of the Residence District shall apply to the
Commercial District; otherwise no setback shall be required.
(4)
Rear yard. There shall be a rear yard having a minimum
depth of 20 feet for a building two stories or less in height. For
each additional story or fractional story in height, the depth of
such rear yard shall be increased five feet.
(5)
Lot area per dwelling unit. Every building hereafter
erected or structurally altered for occupancy by one family shall
provide a lot area of not less than 8,712 square feet per dwelling
unit and no less than 66 feet in width; buildings hereafter erected
or structurally altered for occupancy by more than one family shall
provide a lot area of not less than 4,350 square feet per dwelling
unit; and no such lot shall be less than 66 feet in width.
(6)
Vision clearance. There shall be a vision clearance
of not less than 10 feet extending from the corner each direction
and a vertical clearance of not less than 10 feet high.
F.
Swiss architectural theme requirements. Buildings, structures, walkways or lighting in this district, including all new construction or substantial alteration or remodeling of existing construction, shall comply with the Swiss architectural theme requirements of Chapter 118, Building Construction, Article II of this Code.
A.
Purpose. The C-2 Highway Commercial District is designed
to provide areas in which the principal use of land is devoted to
commercial and service establishments which cater specifically to
the needs of motor vehicle and tourist-oriented trade.
C.
Conditional uses. The following uses are permitted
as conditional uses in this district:
[Amended 3-2-2010 by Ord. No. 10-01]
(1)
Gasoline service stations, provided that all gasoline
pumps, storage tanks, and accessory equipment must be located at least
20 feet from any existing or officially proposed street line.
(2)
Automobile repair shops, including shops for general
mechanical repairs, automobile body repair, and repair of tires, but
not including establishments for rebuilding, retreading, recapping,
vulcanizing, or manufacturing tires, and not including establishments
for painting automobiles.
(3)
Establishments primarily engaged in specialized automobile
repair, such as electrical, battery and ignition repair, radiator
repair, glass replacement and repair, carburetor repair, and wheel
alignment service.
(4)
Stores for the sale of tires, batteries or other automotive
accessories.
(5)
Establishments for the washing, cleaning or polishing
of automobiles, including self-service car washes.
(6)
Dealers in new passenger automobiles and trucks.
(7)
Dealers in used passenger automobiles and trucks.
(8)
Establishments engaged in the retail sale of automobile
passenger trailers, mobile homes, or campers.
(9)
Establishments engaged in daily or extended-term rental
or leasing of passenger automobiles, limousines or trucks, without
drivers, or of truck trailers or utility trailers.
(10)
Establishments engaged in the daily or extended-term
rental or leasing of house trailers, mobile homes or campers.
(11)
Hotels, motor hotels, motels, tourist courts,
tourist rooms.
(12)
Restaurants, lunchrooms and other eating places,
including drive-in-type establishments.
(13)
Commercial parking lots, parking garages, and
parking structures.
(14)
Tourist-oriented retail shops, including souvenir
and curio shops.
(15)
General grocery stores.
(16)
Seasonal roadside stands for the sale of vegetables,
fruit, or other farm products but not other types of products or merchandise.
(17)
Establishments or facilities for the sale, rental,
service, repair, testing, demonstration, or other use of motorcycles,
motorized bicycles, go-karts, snowmobiles, aircraft, or other motorized
vehicles or their components.
(18)
Establishments or facilities for the sale, rental,
service, repair, testing, demonstration, or other use of motorboats,
other watercraft, marine supplies, motor for watercraft, or their
components.
(19)
Wholesale merchandise establishments.
(20)
Warehouses.
(21)
Motor carrier facilities.
(22)
Other retail establishments.
(23)
Miniature golf courses.
(24)
The outdoor storage of more than 25 tires.
(25)
Indoor archery ranges.
(26)
Financial institutions.
D.
E.
Height and area. Within the C-2 Highway Commercial
District, the height of buildings, the minimum dimensions of yards,
maximum building area, and parking requirements shall be as follows:
(1)
Height. Buildings hereafter erected or structurally
altered shall exceed neither 35 feet nor three stories in height.
(2)
Area. The maximum building area shall not exceed 25,000
square feet.
(3)
Side yard. There shall be a side yard on each side
of the principal building of not less than 10 feet. For accessory
buildings, the side yard on each side shall be not less than three
feet.
(4)
Setback.
(a)
The setback and setback line for State Highway
69 within the Village shall be 100 feet from the center line of such
highway.
(b)
The setback line at any street or avenue intersecting
State Highway 69 within the Village shall be on a line between two
points 210 feet from the center of the intersecting street or avenue
and such highway unless controlled by the state.
(c)
Any lot not having direct frontage onto a state
highway but in C-2 zoning shall have a front setback of 25 feet.
(5)
Rear yard. There shall be a rear yard having a minimum
depth of 20 feet.
(6)
Lot width. There shall be a minimum lot width of 75
feet measured at the rear of the front yard.
F.
Swiss architectural theme requirements. Buildings, structures, walkways or lighting in this district, including all new construction or substantial alteration or remodeling of existing construction, shall comply with the Swiss architectural theme requirements of Chapter 118, Building Construction, Article II of this Code.
A.
Purpose. The I Industrial District is intended primarily
for the conduct of manufacturing, assembling and fabrication. It is
designed to provide an environment suitable for industrial activities
that do not create appreciable nuisances or hazards. The uses permitted
in this district make it most desirable that they be separated from
residential uses.
B.
Permitted uses. The following uses are permitted in
this district:
(1)
Any use or structure permitted in the C-1 Commercial
District except as hereinafter modified.
(2)
Bottling of soft drinks or milk, or distribution stations.
(3)
Building material sales and storage.
(4)
Builder's or contractor's plant or storage yard.
(5)
Lumberyard, including mill work.
(6)
Open yard for storage and sale of feed or fuel.
(7)
Automobile repair garage doing major repair, including
tire retreading or recapping, battery service and repair.
(8)
The manufacture, compounding, processing, packaging
or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals,
toiletries, and food products.
(9)
The manufacture, compounding, assembling or treatment
of articles or merchandise from the following previously prepared
material: canvas, cellophane, cloth, fiber, glass, leather, paper,
plastics, precious or semiprecious metals or stone, rubber, textiles
and wood.[1]
(10)
The manufacture or assembly of electrical appliances,
electronic instruments and devices, phonographs, radio and television
sets, electric and neon signs, refrigerators and stoves.
(11)
Railroad freight stations, trucking or motor
freight terminals.
C.
Conditional uses. The following uses are conditional
uses within the this district: the outdoor storage of more than 25
tires.
D.
Prohibited uses. The following uses are specifically
prohibited in the I Industrial District:
(1)
Residential, educational or institutional uses, except
a dwelling for a watchman or caretaker employed on the premises and
members of his family.
(2)
Uses in conflict with any laws of the State of Wisconsin
or any ordinances of the Village of New Glarus governing nuisances.
(3)
Any of the following uses unless the location of such
use has been approved as a conditional use after investigation and
public hearing:
(a)
Abattoirs, except for slaughter of poultry.
(b)
Acid manufacture.
(c)
Cement, lime, gypsum or plaster of paris manufacture.
(d)
Distillation of bones.
(e)
Explosives manufacture or storage.
(f)
Fat rendering.
(g)
Fertilizer manufacture.
(h)
Garbage, rubbish, offal or dead animal reduction
or dumping.
(i)
Glue manufacture.
(j)
Junkyards.
(k)
Petroleum refining.
(l)
Smelting of tin, copper, zinc or iron ores.
(m)
Stockyards.
E.
Height and area. In the I Industrial District, the
height of buildings, the minimum dimensions of yards and the minimum
lot area per family shall be as follows:
(1)
Height. Buildings hereafter erected or structurally
altered shall exceed neither 35 feet nor three stories in height.
(2)
Side yard. For buildings or parts of buildings used
for residential purposes, the side yard regulations of the Residence
District shall apply; otherwise a side yard, if provided, shall be
not less than 20 feet in width.
(3)
Setback. Where parts of the frontage are designated
on the district map as Residence District and Industrial District,
the setback regulations of the Residence District shall apply to the
Industrial District; in no case shall the setback be less than 25
feet.
(4)
Rear yard. There shall be a rear yard having a minimum
depth of 20 feet for a building two stories or less in height. For
each additional story or fractional story in height, the depth of
such rear yard shall be increased three feet.
(5)
Lot area per family. Every building or part of a building
hereafter erected or structurally altered for residential purposes
shall provide a lot area of not less than 10,000 square feet per family.
A.
Purpose. This district is intended to preserve the
natural state of areas in the Village and to prevent any development
within this district. No specific setbacks, lot sizes, or other dimensional
standards are applicable to this district, but any development adjacent
to a Conservancy District must consider the intent of the Conservancy
District in its developmental plans which will be reviewed by the
Plan Commission.
A.
Purpose and intent. The purpose and intent of this
district is to:
(1)
Declare as a matter of public policy that the protection,
enhancement, perpetuation and use of improvements or sites of special
character or special architectural, archaeological or historic interest
or value is a public necessity and required in the interest of the
health, prosperity, safety and welfare of the people.
(2)
Effect and accomplish the protection, enhancement,
and preservation of improvements, sites and districts which represent
or reflect elements of the Village of New Glarus' cultural, social,
economic, political and architectural history.
(3)
Safeguard the Village of New Glarus' historic, prehistoric
and cultural heritage, as embodied and reflected in such historic
structures, sites and districts.
(4)
Stabilize and improve property values and enhance
the visual and aesthetic character of the Village of New Glarus.
(5)
Protect and enhance the Village of New Glarus' attractions
to residents, tourists and visitors and serve as a support and stimulus
to business and industry.
B.
Creation of historic district.
(1)
For preservation purposes, the Historic Preservation Commission as established under Chapter 16, § 16-10 of this Code shall select geographically defined areas within the Village of New Glarus to be designated as historic districts and shall prepare a historic preservation plan for each area. An historic district may be designated for any geographic area of a particular historic, architectural or cultural significance to the Village of New Glarus, after application of the criteria in § 16-10F of this Code. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.
(2)
The Historic Preservation Commission shall hold a
public hearing when considering the plan for an historic district.
Notice of the time, place and purpose of the public hearing shall
be sent by the Village Clerk-Treasurer to the Village Board and the
owners of record who are within the proposed historic district or
are situated in whole or in part within 200 feet of the boundaries
of the proposed historic district. Said notice is to be sent at least
10 days prior to the date of the public hearing. Following the public
hearing, the Historic Preservation Commission shall vote to recommend,
reject or withhold action on the plan.
(3)
The Village Board, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in § 305-98 of this chapter, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.
Provisions for the Shoreland-Wetland District are set forth in Chapter 248, Shoreland-Wetland Zoning, of this Code.
[Amended 7-1-2003 by Ord.
No. 23-04]
A.
Purpose. The Planned Unit Development (PUD) Zoning District is established
to provide a regulatory framework designed to encourage and promote
improved environmental design in the Village of New Glarus by allowing
for greater freedom, imagination and flexibility in the development
of land while assuring substantial compliance with the basic intent
of this chapter and the Comprehensive Plan. To this intent it allows
diversification and variation in the relationship of uses, structures,
open spaces and heights of structures in developments conceived and
implemented as comprehensive and cohesive unified projects. It is
further intended to encourage more rational and economic development
with relationship to public services and to encourage and facilitate
preservation of open land.
[Amended 3-3-2020 by Ord.
No. 20-03]
B.
General procedure. Before commencing with a planned
unit development the developer shall obtain approval of the Village
Board following a recommendation from the Plan Commission. Three copies
of the proposed general development plan, including a site plan, shall
be submitted to the Village Clerk-Treasurer and the Plan Commission.
C.
Site plan. The site plan component of the general
development plan shall be drawn at a scale of not less than one inch
equals 50 feet and shall include the following information:
(1)
Location and dimension of property boundaries.
(2)
Location, size and number of parking spaces.
(3)
Location, size, use, entrances and exits of all buildings.
(4)
Elevations and contours sufficient to show topographic
features and drainage patterns.
(5)
Distances between buildings, between buildings and
property lines, and between buildings and other improvements on the
site, including walks, parking areas and site structures.
(6)
Location and width of all drives and roadways on the
site.
(7)
Drainage of surface water within the site, including
parking lots and street grades, and the size, slope, depth and location
of drainage and erosion control pipes and structures.
D.
Permitted uses. The following uses are permitted in
a PUD, provided that no use shall be permitted except in conformity
with a specific implementation plan pursuant to the procedural and
regulatory provisions as hereinafter set forth:
(2)
The minimum size for a PUD shall be three acres of
land, with a minimum of 12 dwelling units.
(3)
The PUD tract shall be a development of land under
single control. No authorization or permits shall be granted for such
development unless the applicant has acquired actual ownership of,
or executed a binding sales contract for, all of the property comprising
such tract. For purposes of this section, "ownership" shall include
a lease of not less than 50 years' duration. The term "single control"
shall include ownership by an individual, corporation, partnership,
association, trustee, or other legal entity.
E.
Height, area and setback requirements. Except as provided in Subsection G below, in a PUD there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved, recorded, specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
F.
Parking requirements. Off-street parking facilities
shall be as provided for under the Zoning Code and in accordance with
the approved specific implementation plan, and such requirements as
are made a part of the approved specific implementation plan, along
with the recorded plan itself, shall be construed to be and enforced
as a part of this section.
G.
Lot, building and yard requirements for zero lot line
or common wall single-family units. For all attached zero lot line
or common wall construction single-family duplex or townhouse dwellings
allowed in a planned unit development, the following lot, building
and yard requirements apply:
(1)
Lot frontage: minimum 40 feet (each unit).
(2)
Lot area: minimum 6,000 square feet (each unit).
(4)
Garages: one private garage with up to two stalls
per dwelling unit, not exceeding 312 square feet per stall.
(5)
Building height: maximum 35 feet.
(6)
Percent of lot coverage: maximum 50% (combined principal
and accessory building coverage).
(7)
Floor area per dwelling unit: minimum 840 square feet.
(8)
Zero lot line/common wall construction requirements.
For all attached zero lot line or common wall construction duplexes
and townhouses containing single-family dwellings, each unit shall
have separate sewer and water lateral connections. The size, type
and installation proposed to be constructed shall be in accordance
with the plans and specifications approved by the Village Board, following
a recommendation from the Plan Commission. A minimum one-hour fire-rated
wall assembly division, separating living areas from the lowest level
to flush against the underside of the roof, is required between each
dwelling unit.
(9)
Number of units. Zero lot line/common wall single-family
unit planned unit developments shall, at a minimum, have 12 dwelling
units on a minimum of three acres of land.
H.
Criteria for approval. As a basis for determining
the acceptability of a PUD application, the following review criteria
shall be applied to the specific implementation plan, with specific
consideration as to whether or not it is consistent with the spirit
and intent of the Zoning Code, has been prepared with competent professional
advice and guidance and produces significant benefits in terms of
environmental design:
(1)
Character and intensity of land use. The uses proposed
and their intensity and arrangement on the site shall be of a visual
and operational character which:
(a)
Is compatible with the physical nature of the
site, with particular concern for the preservation of natural features,
tree growth and open spaces.
(b)
Would produce an attractive environment of sustained
aesthetic and ecological desirability, economic stability and functional
practicality compatible with the general development plans for the
area as established by the community.
(c)
Would not adversely affect the anticipated provision
for school or other municipal services.
(d)
Would not create a traffic or parking demand
incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of
a PUD application shall provide the Village satisfactory evidence
of its economic feasibility, proof by the proponents of available
adequate financing, and that the PUD would not adversely affect the
economic prosperity of the Village or the values of surrounding properties.
(3)
Engineering design standards. The width of street
right-of-way, width and location of streets or other paving, outdoor
lighting, location of sewer and water lines, provision for stormwater
drainage or other similar environmental engineering considerations
shall be based upon a determination of appropriate standards necessary
to implement the specific function in the specific situation. In no
case shall standards be less than those necessary to assure the public
safety and welfare as determined by the Village.
(4)
Preservation and maintenance of open space. Adequate
provision shall be made for the permanent preservation and maintenance
of common open space by private reservation.
(a)
The open area to be reserved shall be protected
against building development by conveying to the Village, as part
of the conditions for approval, an open space easement over such open
areas restricting the area against any future building or use except
as is consistent with that of providing landscaped open space for
the aesthetic and recreational benefit of the PUD. Buildings or uses
for noncommercial, recreational or cultural purposes compatible with
the open space objectives may be permitted only where specifically
authorized as part of the development plan or subsequently with the
express approval of building, site and operational plans made by the
Plan Commission.
(b)
The care and maintenance of such open space
reservation shall be assured by establishment of appropriate management
organization for the PUD.
(5)
Implementation schedule. The proponents of a PUD shall
submit a reasonable schedule for the implementation of the plan to
the satisfaction of the Village, including suitable provisions for
assurance that each phase will be brought to completion in a manner
which will not result in any adverse effect upon the community as
a result of termination at that point.
I.
Approval procedure; general development plan.
(1)
Generally. The procedure for initiating a PUD shall be the same procedure
used with other types of rezonings, unless otherwise prescribed by
this section. Rezoning takes effect upon the approval of a specific
implementation plan, and only for the area covered by said specific
implementation plan.
[Amended 3-3-2020 by Ord.
No. 20-03]
(2)
General development plan. The applicant shall submit
a general development plan to the Village Clerk-Treasurer. The general
development plan shall include the following information:
(a)
A statement describing the general character
of the intended development.
(b)
An accurate site plan of the project area as required in Subsection C above, including its relationship to surrounding properties and existing topography, key features, and building location and height.
(c)
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection H.
(d)
The pattern of proposed land use, including
shape, size and arrangement of proposed use areas, density, environmental
character and their relationship to adjoining parcels of land within
600 feet of area boundaries.
(e)
The pattern of public and private streets.
(f)
The location, size and character of recreational
and open space areas reserved or dedicated for public uses, such as
schools, parks, greenways, etc.
(g)
A utility feasibility study.
(h)
Appropriate statistical data on the size of
the development, ratio of various land uses, percentages of multifamily
units by number of bedrooms, economic analysis of the development,
expected staging, and any other plans or data pertinent to evaluation
by the Village.
(i)
General outline of intended organizational structure
related to property owners' association, deed restrictions and private
provision for common services.
J.
Specific implementation plan.
(1)
Submission of plan and fee. The applicant shall submit to the Plan
Commission all specific implementation plans associated with each
PUD within five years after having been granted an approval of the
general development plan. The applicant shall pay required fees and
all costs incurred by the Village in checking and processing such
plans. Such application shall be signed by the owner(s) of every property
within the boundaries of the proposed specific implementation plan.
[Amended 3-3-2020 by Ord.
No. 20-03]
(2)
Possible resubmittal of general development plan. If all specific implementation plans within a PUD have not been submitted within such time specified in Subsection J(1), the developer shall be required to resubmit a general development plan which is subject to all the requirements of this section.
[Amended 3-3-2020 by Ord.
No. 20-03]
(3)
Information required. The specific implementation
plan submitted to the Plan Commission shall include the following
detailed construction and engineering plans and related documents
and schedules:
(a)
An accurate map of the area covered by the plan,
including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways,
walkways and parking facilities.
(c)
Detailed lot layout and subdivision plan where
required.
(d)
The arrangement of building groups and their
heights and their architectural character, with particular attention
to their influence on adjoining parcels of land, including the casting
of unbroken shadows.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas
and recreational or other special amenities.
(h)
The location and description of any areas to
be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the
project can be expected to begin.
[2]
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of
each of the stages will be completed.
[5]
The area and location of common open space that
will be provided at each stage.
(m)
Agreements, bylaws, provisions or covenants
which govern the organizational structure, use, maintenance and continued
protection of the PUD and any of its common services, common open
areas or other facilities.
(n)
Any other plans, documents or schedules required
by the Plan Commission.
(o)
If the specific implementation plan is to be
executed in phases, each phase shall be submitted in accordance with
this section.
(p)
An ownership statement shall be a part of the
specific implementation plan and also shall be affixed and noted on
the deed.
(4)
Approval of the specific implementation plan.
(a)
If the specific implementation plan as submitted
is not in substantial compliance with the general development plan,
the Plan Commission shall notify the landowner regarding the aspects
of the plan that are not in compliance. The landowner may:
(b)
Within 45 days after the filing of the specific
implementation plan, the Plan Commission shall forward to the Village
Board a written report recommending that the plan be approved, disapproved
or approved with conditions and giving the reason(s) for the recommendations.
(d)
If a specific implementation plan is given final approval and thereafter the landowner abandons the plan or any section thereof that has been finally approved and notifies the Village Board in writing, or if the landowner fails to complete development within the area of the approved specific implementation plan within five years after final approval has been granted, such final approval shall terminate and be deemed null and void. The Board may in such circumstances initiate a process under Article XIII to rezone the parcel to its pre-PUD application zoning district(s) or some other zoning district(s) consistent with the Comprehensive Plan.
[Amended 3-3-2020 by Ord.
No. 20-03]
(5)
Approval of plan. Upon approval of the specific implementation
plan, the following shall be recorded in the County Register of Deeds
office by the landowner within 60 days of approval:
(a)
The building, site and operational plans for
the development as approved.
(b)
All other commitments and contractual agreements
with the Village offered and required with regard to project value,
character and other factors pertinent to an assurance that the proposed
development will be carried out basically as presented in the specific
implementation plan. This shall be accomplished prior to the issuance
of any building permit.
