Requirements for uses and structures specified
in this article shall apply to such uses and structures whether permitted
by right or by special exception.
A.
Intent. It is the intent of the accessory dwelling
provisions to provide for housing options for the extended family
and certain specified segments of the population. These regulations
are established to permit modification of single-family dwellings
to include an accessory dwelling unit to be occupied by no more than
two persons who are handicapped, over the age of 60, or related to
the owner-occupant.
B.
Mandatory owner occupancy. The owner of the single-family
residence must occupy either the principal residence or the accessory
residence.
C.
Nature and scale of accessory unit. An accessory dwelling
may be a separate, complete housekeeping unit; provided, however,
that it is substantially contained within the subordinate part thereof.
Permissible modifications to the structure are a limited extension
of the structure to the rear and the creation of a separate entrance
at the side or rear. The accessory apartment shall not exceed 600
square feet of floor area or 25% of the entire floor area of the dwelling,
whichever is greater. Any external modification shall be done with
a design and materials similar in appearance to the principal structure
such that, to the maximum extent possible, the external appearance
of the dwelling will remain as a single-family dwelling.
D.
Dimensional requirements. Maximum lot coverage and
maximum height requirements, as well as minimum yard requirements
in the RSF District shall be met.
A.
Intent. It is the intent of this chapter to permit
resource extraction uses in outlying areas as a temporary or transitional
use with assurances that later reuse for other permissible uses and
structures is possible.
B.
Existing operations. The requirements of this section
shall not apply to existing operations only where more than 50% of
the area (excluding setbacks required herein) of a parcel of record
has been excavated at the time of adoption of this chapter. Where
less than 50% of the area has been excavated, any extension of operations
within the parcel or on adjacent parcels shall comply with the requirements
of this section including restoration for the entire parcel(s).
C.
Uses and operations. Permitted uses or operations
shall include the removal for sale or processing of timber, natural
vegetation, topsoil, fill, sand, gravel, rock or any mineral. Processing
may include crushing, washing or refining. Storing or stockpiling
of such materials on the site is permissible. Permissible uses may
also include concrete or asphalt manufacturing.
D.
Area and setback requirements. The parcel shall consist
of a minimum of five acres with dimensions sufficient to adequately
accommodate the proposed uses with minimum adverse effects on adjacent
lands. No operations shall be permitted within 100 feet of any exterior
boundary of the tract or within 250 feet of any building intended
for human occupancy existing at the time of permit application. For
operations involving blasting, processing or manufacturing, the Plan
Commission may increase required setbacks as a condition of approval.
E.
Location. Location shall be appropriate to existing
development and development which may reasonably be expected within
the time period specified herein for permits. The site shall be so
located as to make it unnecessary to conduct trucking operations on
any platted street in a residential subdivision.
F.
Plan of operation. Each application for a special
exception shall be accompanied by a plan of operation for the site
including the following information:
(1)
Statement of ownership of the parcel and control of
the operations.
(2)
Extent of the area to be excavated.
(3)
Location, width and grade of all easements or rights-of-way
on or abutting the parcel.
(4)
Existing topography by five-foot contour intervals;
existing watercourses and drainageways; existing vegetation and soils;
depth to groundwater as indicated by at least four borings; and existing
buildings or structures.
(5)
Cross section showing extent of sand and gravel deposits
and the water table.
(6)
Estimated type and volume of excavations; method(s)
of extracting and processing; and the sequence of operations.
(7)
Proposed equipment and proposed locations of equipment;
proposed areas for ponding; proposed drainage modifications; proposed
processing and storage areas; proposed interior roads and ingress
and egress to the site; and proposed areas for the disposition of
overburden of topsoil.
G.
Plan of restoration. Each application for a special
exception shall be accompanied by a plan of restoration for the site
including the following information:
(1)
A statement on the planned restoration, including
phasing and timing of the restoration process and reuse of the site.
(2)
A plan showing fill methods and materials; final contours
of the site; proposed roads within the site; the location of any water
bodies or watercourses within the restored area; landscaping or vegetative
planting; and areas of cut and fill.
(3)
The method of disposing of any materials, equipment
or buildings on the site.
H.
Time limitations. No special exception permit shall
be issued for a period exceeding eight years, consisting of not more
than six years for the operational phase and not more than two years
for the restoration phase. Upon expiration of the operational phase,
the applicant may request and receive extensions of this phase for
three-year periods unless changing conditions indicate the extension
will be detrimental to the public health, safety and welfare. Any
extension shall require the submission of a new plan of restoration
if the operation is extended or enlarged. If such extension is denied,
the applicant shall complete the restoration phase within the two-year
time period specified.
I.
Financial assurance. To ensure completion of the restoration
phase, as proposed within the two-year time period, each applicant
shall submit a performance bond or other financial guarantee sufficient
in amount to cover the restoration expense relative to the proposed
operation or extension thereto.
[Amended 8-18-2009 by Ord. No. 2009-05]
A.
Intent. The intent of the planned unit development provisions is
to encourage quality and desirable development by allowing for greater
flexibility and design freedom than that permitted under basic district
regulations. These regulations are established to permit and encourage
diversification, variation and imagination in layout of development;
to encourage the preservation of open space; and to encourage more
rational, economic development with respect to the provisions of public
services.
B.
Unified
control. All land included for development as a PUD shall be under
the legal control of the applicant, whether that applicant be an individual,
partnership, or corporation or group of individuals, partnerships
or corporations. Applicants requesting approval of a PUD shall present
firm evidence of unified control of the entire area within the proposed
PUD together with evidence that the developer has the unrestricted
right to impose all of the covenants and conditions upon the land
as are contemplated by the provisions of this chapter. The applicant
shall state agreement to:
(1)
Proceed with the proposed development according to the provisions
of these zoning regulations and such conditions as may be attached
to the special exception for PUD.
(2)
Provide agreements, contracts and deed restrictions necessary for
completion of the development according to the approved plans.
(3)
Bind their successors in title to any commitments made in the approval
process.
C.
Permitted uses. All the permitted uses of the RMF, CL, CP and IND
Zoning Districts in which the PUD is located, to allow for more development
flexibility.
D.
General requirements. All permitted uses shall be subject to the
accessory use and structure, sign, height and parking requirements
of the district in which it is located.
E.
Area and density requirements. A tract of land proposed for development
as a planned unit development shall contain a minimum area of two
acres and a maximum density of 12 dwelling units per net acre.
F.
Internal lots and frontage. Within the boundaries of the PUD, no
minimum lot size or minimum yards shall be required; provided, however,
that no structure shall be located closer to any peripheral property
line than a distance equal to the height of such structure.
G.
Access. Every dwelling unit shall have access to a public street
either directly or via an approved private road, pedestrianway, court
or other area dedicated to public or private use or common element
guaranteeing access. Permitted uses are not required to front on a
dedicated public street.
H.
Engineering design standards. Normal standards or operational policy
regarding right-of-way widths, provision for sidewalks, streetlighting
and similar environmental design criteria shall not be mandatory in
a planned unit development, but precise standards shall be made a
part of the approved plan and shall be enforceable as a part of this
chapter.
I.
Procedures for approving planned unit developments.
(1)
Preapplication review.
(a)
Before submitting an application for a PUD, an applicant shall
confer with the Plan Commission, Town staff and other Town department
heads, if required, in connection with the preparation of the application
for a planned unit development.
(b)
The purpose of the preapplication conference shall be to familiarize
both the applicant and the Plan Commission with each other's intentions
with respect to the PUD before the applicant enters into binding commitments
or incurs substantial expense.
(c)
At the preapplication conference, the Plan Commission shall
familiarize the applicant with the PUD process and explain to the
applicant issues that should be considered in planning the project.
The applicant shall inform the Plan Commission of his development
concept through general outlines and sketch plans. Any statement made
by either the Plan Commission or the applicant concerning potential
disposition of a PUD application or the final form of the development
shall not be legally binding.
(2)
Development plan. A development plan shall accompany the application
for a special exception permit and contain the following information:
(a)
Names of the owners and developer.
(b)
Scale, date, North arrow.
(c)
Existing streets, buildings, watercourses, easements and utility
lines.
(d)
Proposed pattern of public and private streets, accessways and
parking areas.
(e)
Locations and arrangements of lots,
(f)
Buildings by dwelling types, open space areas and recreational
facilities, if any.
(g)
Architectural drawings and sketches illustrating the design
and character of the various buildings proposed.
(h)
Appropriate statistical data on the size of the development,
number of dwellings by type, percentage of open space and other data
pertinent to review.
(i)
General outline of deed restrictions and other documents pertaining
to the development, operation and maintenance of the project.
(3)
Plan approval. Upon approval of a development plan, a special exception
permit shall be issued. All terms, conditions and stipulations made
at the time of approval shall be binding upon the applicant or any
successors in interest.
(4)
Preliminary and final plans. Approval of a development plan for a
special exception does not constitute preliminary or final plat approval.
Preliminary and final plats shall be submitted and processed in accordance
with standard subdivision review procedures.
(5)
Changes in plan. Minor changes in plans shall be made by application and follow procedures pursuant to Article XII. Minor changes shall not be considered a reapplication for special exception permit. Substantial changes in plans shall be made by application and processed as a new application for a special exception permit.
(6)
Deviations from approved plans. Deviations from approved plans or
failure to comply with any requirement, condition or safeguard during
approval or platting procedures shall constitute a violation of these
zoning regulations.
J.
Building permits. Final approval does not constitute approval for
the construction of individual buildings or structures in the development.
Application for building permits shall be submitted and processed
in accordance with standard procedures.
[1]
Editor's Note: Original Sec. 63-07(5), Cluster subdivision,
was repealed 8-17-2010 by Ord. No. 2010-03.
A.
Intent. It is the intent of this section to use performance
standards for the regulation of industrial uses to facilitate a more
objective and equitable basis for control, and to ensure that the
community is adequately protected from potential hazardous and nuisance-like
effects.
B.
Standards of operations.
(1)
Vibration. No operation or activity shall transmit
any physical vibration that is above the vibration perception threshold
of an individual at or beyond the Industrial District boundaries.
Vibration perception threshold means the minimum ground- or structure-borne
vibrational motion necessary to cause a normal person to be aware
of the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects. Vibrations not directly
under the control of the property uses and vibrations from temporary
construction or maintenance activities shall be exempt from the above
standard.
(2)
External lighting. No operation or activity shall
produce any intense glare or lighting with the source directly visible
beyond the Industrial District boundaries.
(3)
Odor. No operation or activity shall emit any substance
or combination of substances in such quantities that create an objectionable
odor, as defined in Ch. NR 429, Wis. Adm. Code.
(4)
Particulate emissions. No operation or activity shall
emit any particulate matter into the ambient air which exceeds the
limitations as established in Ch. NR 415, Wis. Adm. Code.
(5)
Visible emissions. No operation or activity shall
emit into the ambient air from any direct or portable source any matter
that will affect visibility in excess of the limitations established
in Ch. NR 431, Wis. Adm. Code.
(6)
Hazardous pollutants. No operation or activity shall
emit any hazardous substances in such a quantity, concentration or
duration as to be injurious to human health or property, and all emissions
of hazardous substances shall not exceed the limitations established
in Ch. NR 445, Wis. Adm. Code.
C.
Administration. Determinations necessary for the administration
and enforcement of these standards range from those which can be made
by a reasonable person using normal senses and no mechanical equipment
to those requiring substantial technical competence and complex equipment.
It is the intent of this section that the methods to be used in determining
compliance shall be the responsibility of the Building Inspector and
Zoning Administrator, subject to the following procedures:
(1)
Approval of building permits. Prior to approving a
building permit for any industrial use or any change thereof, the
Building Inspector and Administrator shall have received from the
applicant evidence or assurance that the proposed use or changing
use will satisfy the air quality, vibration and exterior lighting
standards of this chapter.
[Amended 8-17-2010 by Ord. No. 2010-03]
(2)
Violation of standards. Whenever the Building Inspector
or Administrator have reason to believe the air quality, vibration
and exterior lighting standards of this chapter have been violated,
written notice shall be made by certified mail to the person or persons
responsible for the alleged violation. Such notice shall describe
the alleged violation and shall require an answer or correction of
the alleged violation within 30 days. Failure to reply or correct
the alleged violation within 30 days may cause lawful action to be
taken to cause correction as provided in this chapter or referral
of the alleged violation to the Wisconsin Department of Natural Resources.
