A.Â
The following zoning districts are hereby established in the Village
of Dane:
(1)Â
R-1 Single-Family Residential (Low-Density) District.
(2)Â
R-2 Single-Family Residential (Medium-Density) District.
(3)Â
R-3 Two-Family Residential District.
(4)Â
R-4 Multifamily Residential District.
(5)Â
A-X Exclusive Agriculture District.
[Amended 12-1-2014 by Ord. No. 2014-02]
(7)Â
I-1 Industrial District.
(8)Â
C-1 Conservancy District.
(9)Â
MH-1 Mobile Home Park District.
(10)Â
RD Rural Development District.
[Added 9-10-2012 by Ord.
No. 2012-04]
B.Â
The boundaries of the aforesaid districts are hereby established
as shown on the "Official Zoning Map" of the Village. Such map, together
with a copy of this chapter, shall be available for public inspection
in the office of the Village Clerk-Treasurer. No change shall be effective
until so recorded and until a duly certified and attested certificate
describing the change is filed with the map.
[Amended 9-10-2012 by Ord. No. 2012-04]
C.Â
The district boundaries are either streets or alleys, unless otherwise
shown, and where the designation on the Zoning Map indicates that
the various districts are approximately bounded by the center line
of a street or alley, such street or alley center line shall be construed
to be the district boundary line.
D.Â
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines,
and where the designations on the Zoning Map are approximately bounded
by lot lines, said lot lines shall be construed to be the boundaries
of the district.
E.Â
In unsubdivided property, the district boundary lines shown on the
Zoning Map shall be determined by use of the scale shown on such map.
A.Â
Permitted uses and structures. The following uses of land are permitted
in the R-1 District:
(1)Â
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of "single-family dwelling."
(2)Â
Manufactured homes complying with all of the following requirements
and limitations:
(a)Â
The home shall be a double-wide of at least 24 feet in width
and 36 feet in length.
(b)Â
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or Village Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)Â
The home shall be equipped with foundation siding which, in
design, color and texture, appears to be an integral part of the adjacent
exterior wall of the manufactured home.
(d)Â
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
(e)Â
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Dane.
(3)Â
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(4)Â
Foster family care.
(6)Â
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
B.Â
Conditional uses and structures:
(1)Â
Agricultural uses.
(2)Â
Cemeteries.
(3)Â
Churches.
(4)Â
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(5)Â
Funeral parlors.
(6)Â
Greenways and open spaces.
(7)Â
Guesthouses/bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
(8)Â
Governmental and community service buildings and functions.
(9)Â
Golf courses.
(10)Â
Libraries.
(11)Â
Nursery schools.
(12)Â
Parks.
(13)Â
Playgrounds.
(14)Â
Public and private schools.
(15)Â
Pumping stations.
(16)Â
Swimming pools.
(17)Â
Single-family planned residential development.
(18)Â
Utility lines.
D.Â
Building height: 35 feet maximum.
A.Â
Permitted uses and structures. The following uses of land are permitted
in the R-2 District:
(1)Â
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter, manufactured homes are included in the definition
of "single-family dwelling."
(2)Â
Manufactured homes complying with all of the following requirements
and limitations:
(a)Â
The home shall be a double-wide of at least 24 feet in width
and 36 feet in length.
(b)Â
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or Village Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)Â
The home shall be equipped with foundation siding which, in
design, color and texture, appears to be an integral part of the adjacent
exterior wall of the manufactured home.
(d)Â
The home shall be covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
(e)Â
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Dane.
(3)Â
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(4)Â
Foster family care.
(6)Â
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
B.Â
Conditional uses and structures:
(1)Â
Agricultural uses.
(2)Â
Cemeteries.
(3)Â
Churches.
(4)Â
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(5)Â
Golf courses.
(6)Â
Governmental and community service buildings and functions.
(7)Â
Greenways and open spaces.
(8)Â
Guesthouses.
(9)Â
Nursery schools.
(10)Â
Nursing homes.
(11)Â
Parks.
(12)Â
Playgrounds.
(13)Â
Public and private schools.
(14)Â
Pumping stations.
(15)Â
Single-family planned unit development.
(16)Â
Swimming pools and utility lines.
(17)Â
Bed-and-breakfast establishments.
[Added 9-10-2012 by Ord.
No. 2012-04]
(18)Â
Two-family dwellings.
[Added 4-12-2016 by Ord.
No. 2016-01]
D.Â
Building height: 35 feet maximum.
A.Â
Permitted uses and structures: two-family dwellings and their accessory
structures or uses.
B.Â
Conditional uses and structures:
(1)Â
Agricultural uses.
(2)Â
Cemeteries.
(3)Â
Churches.
(4)Â
Governmental and community service buildings and functions.
(5)Â
Greenways and open spaces.
(6)Â
Home occupations.
(7)Â
Parks.
(8)Â
Playgrounds.
(9)Â
Private stables.
(10)Â
Public and private schools.
(11)Â
Utility lines.
(12)Â
Bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
D.Â
Building height: 35 feet maximum.
A.Â
Permitted uses: multifamily uses, provided they conform to the regulations
below.
[Amended 4-12-2016 by Ord. No. 2016-01]
B.Â
Conditional uses and structures:
(1)Â
Cemeteries.
(2)Â
Churches.
(3)Â
Governmental and community service buildings and functions.
(4)Â
Greenways and open spaces.
(5)Â
Nursing homes.
(6)Â
Parks.
(7)Â
Playgrounds.
(8)Â
Pumping stations.
(9)Â
Public and private schools.
(10)Â
Single-family planned residential development.
(11)Â
Utility lines.
(12)Â
Bed-and-breakfast establishments.
[Amended 9-10-2012 by Ord. No. 2012-04]
D.Â
Building height: maximum 35 feet or two stories, whichever is the
least. (For greater heights, a Fire Department approved sprinkler
system is required.)
F.Â
Other requirements.
(1)Â
The recreation space ratio, defined as the minimum square footage
of recreation space required for each square foot of floor area, is
not less than 0.14.
(2)Â
The floor area ratio, defined as the maximum square footage of total
floor area permitted for each foot of land area, is not more than
0.325.
(3)Â
The open space ratio, defined as the minimum square footage of open
space required for each square foot of floor area, is not less than
2.2.
(4)Â
The living space ratio, defined as the minimum square footage of
nonvehicular outdoor space required for each square foot of floor
area, is not less than 1.4.
A.Â
Permitted uses and structures: agriculture and general farming, except
farms feeding offal or garbage, parks, single-family residences and
open spaces.
B.Â
Conditional uses and structures:
(1)Â
Agricultural feeding and processing.
(2)Â
Airports.
(3)Â
Amusement parks.
(4)Â
Campgrounds.
(5)Â
Cemeteries.
(6)Â
Churches.
(7)Â
Columbariums.
(8)Â
Driving ranges.
(9)Â
Drive-in theaters.
(10)Â
Excavating operations.
(11)Â
Gas stations.
(12)Â
Golf courses.
(13)Â
Home occupations.
(14)Â
Industrial uses.
(15)Â
Mausoleums.
(17)Â
Municipal service functions and structures.
(18)Â
Nursing homes.
(19)Â
Poultry farms.
(20)Â
Private stables.
(21)Â
Public and private schools.
(22)Â
Pumping stations.
(23)Â
Sewage disposal plants.
(24)Â
Social halls.
(25)Â
Shooting clubs.
(26)Â
Swimming pools.
(27)Â
Taverns.
(28)Â
Travel trailer parks.
D.Â
Building height: 35 feet maximum, except for barns, silos and other
buildings which are customarily higher and accessory uses to farming.
[Amended 4-14-2008]
A.Â
Permitted uses and structures:
(1)Â
Antique
stores and similar secondhand stores, provided that there is no outside
storage or display of goods.
(2)Â
Appliance
and electrical equipment sales and repair.
(3)Â
Banks
and similar financial institutions.
(4)Â
Barbershops.
(5)Â
Bars,
taverns, and other drinking establishments.
(6)Â
Beauty
salons.
(7)Â
Bowling
alleys.
(8)Â
Catalogue
order stores (not including distribution or storage facilities).
(9)Â
Churches.
(10)Â
Clothing stores and other similar retail stores.
(11)Â
Department stores and other similar variety stores.
(12)Â
Drugstores.
(13)Â
Funeral parlors.
(14)Â
Furniture stores.
(15)Â
Gift stores and other similar specialty shops.
(16)Â
Government offices.
(17)Â
Grocery stores and supermarkets.
(18)Â
Hardware stores.
(19)Â
Insurance and real estate offices.
(20)Â
Laundries and dry cleaners.
(21)Â
Libraries.
(22)Â
Medical and dental offices.
(23)Â
Newspaper and magazine stores.
(24)Â
Organization headquarters.
(25)Â
Parks and similar open spaces for public use.
(26)Â
Personal and business service establishments.
(27)Â
Professional offices.
(28)Â
Radio stations.
(29)Â
Restaurants, cafes, and other similar eating establishments (without
drive-up window services).
(30)Â
Retail stores (not including outside storage or display of goods).
(31)Â
Sporting goods stores.
(32)Â
Taverns.
(33)Â
Theaters.
(34)Â
Other retail stores and services similar to the above uses.
B.Â
Conditional uses:
(1)Â
Agricultural
implement sales and service.
(2)Â
Automobile
body repair work.
(3)Â
Automobile
sales and service.
(4)Â
Commercial
storage and self-serve storage facilities.
(5)Â
Contractor's
offices.
(6)Â
Gas
stations.
(7)Â
Governmental
service functions.
(8)Â
Hotels,
motels, and other lodging establishments.
(9)Â
Retails
stores (with outside storage or display of goods).
(10)Â
Restaurants, cafes, and other similar eating establishments (with
drive-up window services).
(11)Â
Wholesale distribution outlets.
(12)Â
Other uses similar to the above uses.
C.Â
Lot size: no minimum.
D.Â
Building height: three stories or 35 feet maximum.
E.Â
Yards: to be determined by the Village Board at site plan review.
NOTE: All B-1 uses shall be subject to the site plan review requirements of § 520-92D and shall be consistent with the Downtown Design Guidelines in the Downtown Redevelopment Plan, which has been adopted as a component of the Village of Dane Comprehensive Plan.
|
A.Â
Permitted uses and structures:
(1)Â
Automobile sales and service and similar extensive commercial land
uses.
(2)Â
Automotive body repairs.
(3)Â
Automotive upholstery.
(4)Â
Agriculture.
(5)Â
Breweries.
(6)Â
Cleaning.
(7)Â
Cosmetics.
(8)Â
Commercial greenhouses.
(9)Â
Commercial bakeries.
(10)Â
Cooperatives.
(11)Â
Distributors.
(12)Â
Dairy plants.
(13)Â
Electric appliances.
(14)Â
Electronic devices.
(15)Â
Equipment repairs and storage.
(16)Â
Farm machinery.
(17)Â
Feed mills.
(18)Â
Freight terminals and transhipment depots.
(19)Â
Freight yards.
(20)Â
Greenways and open spaces.
(21)Â
Inside storage.
(22)Â
Laboratories.
(23)Â
Machine shops.
(24)Â
Machinery and equipment.
(25)Â
Manufacture and bottling of nonalcoholic beverages.
(26)Â
Mobile home sales.
(27)Â
Pressing and dyeing establishments.
(28)Â
Printing.
(29)Â
Publishing.
(30)Â
Storage and sale of lumber.
(31)Â
Railroad depots.
(32)Â
Trade and contractor's offices.
(33)Â
Warehousing and wholesaling.
B.Â
Conditional uses and structures:
(1)Â
Airports.
(2)Â
Dumps, disposal areas, earth and sanitary landfill operations.
(3)Â
Incinerators and sewage disposal plants.
(4)Â
Manufacture and processing of abrasives; acetylene; acid; alkalies;
ammonia; asbestos; asphalt; batteries; bedding; bleach; bone; cabbage;
candle; carpeting; celluloid; cement; cereals; charcoal; chemicals;
chlorine; coal tar; coffee; coke; cordage; creosote; dextrine; disinfectant;
dye; excelsior; felt; fish; fuel; furs; gelatin; glucose; gypsum;
hair products; ink; insecticide; lime products; linoleum; matches;
meat; oil cloth; paint; peas; perfume; pickle; plaster of paris; plastics;
poison; potash; pulp; pyroxylin; radium; rope; rubber; sausage; seeds;
starch; stove polish; textiles; and varnish.
(5)Â
Manufacturing, processing and storage of building materials; explosives;
dry ice; fat; fertilizer; flammables; gasoline; glue; grains; grease;
lard; radioactive materials; shellac; soap; turpentine; vinegar; and
yeast.
(6)Â
Bag cleaning.
(7)Â
Bleacheries.
(8)Â
Canneries.
(9)Â
Cold storage warehouses.
(10)Â
Electric- and steam-generating plants.
(11)Â
Electroplating.
(12)Â
Enameling.
(13)Â
Lithographing.
(14)Â
Bulk gas storage and sales.
(15)Â
Offal, rubbish or animal reduction.
(16)Â
Oil, coal and bone distillation.
(17)Â
Excavating operations.
(18)Â
Refineries.
(19)Â
Road test facilities.
(20)Â
Slaughterhouses.
(21)Â
Smelting.
(22)Â
Poultry farms.
(23)Â
Stockyards.
(24)Â
Tanneries.
(25)Â
Migrant housing camps.
(26)Â
Weaving.
(27)Â
Outside storage and manufacturing areas, such as wrecking, junk
demolition and scrap yards, shall be surrounded by a solid fence or
evergreen planting completely preventing a view from any other property
or public right-of-way and shall be at least 600 feet from residential
or commercial structures.
(28)Â
Commercial service facilities, such as restaurants and fueling
stations, provided all such services are physically and sales oriented
toward industrial district users and employees, and other users are
only incidental customers.
D.Â
Building height: 45 feet maximum.
A.Â
Permitted uses and structures:
(2)Â
Sustained yield forestry.
(4)Â
Fishing, historic, scenic, scientific or wildlife preserve.
(5)Â
Nonresident buildings used solely in conjunction with the raising
of waterfowl or fish.
(6)Â
Hiking trails and bridle paths and accessory uses.
(7)Â
Public and private parks and picnic areas, greenways and open spaces.
(8)Â
Recreation-related structures not requiring basements.
(9)Â
Regulatory signs not over six square feet.
(10)Â
General farming, provided no drainage, filling or dredging takes
place and no farm buildings are constructed.
A.Â
Purpose; intent. The purposes of the A-X Exclusive Agriculture District
are to:
(1)Â
Preserve productive agricultural land for food and fiber production;
(2)Â
Preserve productive farms by preventing land use conflicts between
incompatible uses and controlling public service costs;
(3)Â
Maintain a viable agricultural base to support agricultural processing
and service industries;
(4)Â
Prevent conflicts between incompatible uses;
(5)Â
Reduce costs for providing services to scattered nonfarm uses;
(6)Â
Pace and shape urban growth;
(7)Â
Implement the provisions of the county agricultural plan; and
(8)Â
Comply with the provisions of the Farmland Preservation Law11 to permit eligible landowners to receive tax credits
under § 71.09(11), Wis. Stats.
B.Â
AGRICULTURAL USE
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
(2)Â
AGRICULTURE-RELATED USE
(1)Â
(2)Â
Definitions for use in § 520-24. As used in this section, the following terms shall have the meanings indicated:
Any of the following:
Any of the following activities conducted for the purpose of
producing an income or one livelihood:
Crop or forage production.
Keeping livestock.
Beekeeping.
Nursery, sod, or Christmas tree production.
Floriculture.
Aquaculture.
Fur farming.
Forest management.
Enrolling land in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
Any other use that the Department of Agriculture, Trade and
Consumer Protection, also known as DATCP, by rule, identifies as an
agricultural use.
Any of the following:
An agricultural equipment dealership, facility providing agricultural
supplies, facility for storing or processing agricultural products,
or facility for processing agricultural wastes.
Any other use that the Department of Agriculture, Trade and
Consumer Protection, also known as DATCP, by rule, identifies as an
agriculture-related use.
C.Â
Lands included within this district. This district is generally intended
to apply to lands in productive farm operations including lands historically
exhibiting good crop yields or capable of such yields; lands which
have been demonstrated to be productive for dairying, livestock raising
and grazing; other lands which are integral parts of such farm operations;
land used for the production of specialty crops such as mint, sod,
fruits and vegetables; and lands which are capable of productive use
through economically feasible improvements such as irrigation.
D.Â
The Plan Commission may consider a rezone out of A-X Exclusive Agriculture
District after holding a public hearing pursuant to § 91.48,
Wis. Stats., if all of the following apply:
(1)Â
The political subdivision finds all of the following, after a public
hearing:
(a)Â
The rezoned land is better suited for a use not allowed in the
farmland preservation zoning district.
(b)Â
The rezoning is consistent with any applicable comprehensive
plan.
(c)Â
The rezoning is substantially consistent with the county's
certified farmland preservation plan.
(d)Â
The rezoning will not substantially impair or limit current
or future agricultural use of surrounding parcels of land that are
zoned for or legally restricted to agricultural use.
(2)Â
The Village shall, by March 1 of each year, provide a rezone report
and map to DATCP and Dane County Planning and Zoning identifying the
number of acres rezoned out of A-X Exclusive Agriculture District.
E.Â
Permitted uses: For the A-X Exclusive Agriculture District, permitted
uses are as follows:
(1)Â
New farm residences and their buildings with adjacent service areas
that are the only residence on the farm and are occupied by an individual
who earns more than 50% of his or her gross income on the farm.
(2)Â
Existing farms with their buildings and adjacent service areas.
(3)Â
Transportation, utility, communication, or other use that is required
under state or federal law to be located in a specific place or that
is authorized to be located in a specific place under a state or federal
law that preempts the requirement of a conditional use permit for
that use.
(4)Â
The following agricultural accessory uses provided they meet the
definition of accessory use under § 91.01(1)(a),(b) or (d),
Wis. Stats.:
(5)Â
Undeveloped natural resource and open space areas.
F.Â
Conditional uses. No conditional use in the A-X Agriculture District
shall be approved by the Plan Commission unless the Commission shall
also find:
(1)Â
The use and its locations in the farmland preservation zoning district
are consistent with the purposes of the farmland preservation zoning
district.
(2)Â
The use and its location in the farmland preservation zoning district
are reasonable and appropriate, considering alternative locations,
or are specifically approved under state or federal law.
(3)Â
The use is reasonably designed to minimize the conversion of land,
at and around the site of the use, from agricultural use or open space
use.
(4)Â
The use does not substantially impair or limit the current or future
agricultural use of surrounding parcels of land that are zoned for
or legally restricted to agricultural use.
(5)Â
Construction damage to land remaining in agricultural use is minimized
and repaired, to the extent feasible.
G.Â
For the A-X Exclusive Agriculture District, conditional uses are
as follows:
(1)Â
A second or subsequent single-family farm residence to be occupied
by either a parent or child of the farm operator or an individual
who earns more than 50% of his or her gross income on the farm.
(2)Â
Governmental, institutional, religious or nonprofit community use.
(3)Â
A transportation, communications, pipeline, electric transmission,
utility, or drainage use.
(4)Â
Conversion of existing family farm residence to a two-family farm
residence, if both residences are to be occupied by an individual
who earns more than 50% of his or her gross income on the farm.
(5)Â
The following agricultural accessory uses, provided they meet the
definition of § 91.01(1)(a),(b) or (d), Wis. Stats.:
H.Â
For the A-X Exclusive Agriculture District, dimensional standards
are as follows:
(1)Â
Minimum parcel size: 35 acres.
(2)Â
Minimum lot width: 150 feet.
(3)Â
Front setback: 35 feet.
(4)Â
Side setback: 10 feet.
(5)Â
Rear setback: 50 feet.
(6)Â
Side yard abutting public street: 30 feet.
(7)Â
Maximum height of dwelling structures: 35 feet.
(8)Â
Maximum height of farm buildings: no limitation.
(9)Â
Maximum height of other structures: 45 feet, may exceed on a conditional-use
basis.
(10)Â
Side setback for barns, feeding or loafing sheds, hog houses
and the like: 100 feet, if adjacent to a residential district.
I.Â
General provisions.
(1)Â
Any lot or parcel shown in a preliminary subdivision plat or a certified
survey map which has been received for review by the Village of Dane
prior to the effective date of the A-X Exclusive Agriculture District
shall have the same status as preexisting lots.
(2)Â
Any preexisting substandard parcels in the A-X Exclusive Agriculture
District that have a width of less than 150 feet and have an area
of less than five acres do not permit the keeping or raising of livestock.
(3)Â
Any lawfully preexisting residential building or its accessory building that is located on a lot that does not meet the area requirements of Chapter 520 and is destroyed by fire, explosion, act of God or act of public enemy, the building may be rebuilt, provided the locational requirements of the district are complied with.
(4)Â
Under Chapter 520 Zoning, Article III, District Regulations, § 520-15, Establishment of districts, of the Village of Dane Code of Ordinances, Line 5 will be changed from "A-1 Agriculture District" to "A-X Exclusive Agriculture District" upon certification by DATCP and upon completion of the public hearing and Village Trustee approval in the Village of Dane.
(5)Â
Any person who shall violate any provision of this chapter shall
be subject to a penalty of up to $1,000.
[1]
Editor's Note: This ordinance provided an effective date
of 12-1-2014.
[Amended 9-10-2012 by Ord. No. 2012-04]
The regulations for the MH-1 Mobile Home Park District shall
be as prescribed by the Village Board of the Village of Dane.