For the purpose of this chapter, the Village is hereby divided
into the following 11 zoning districts:
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R-1
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Single-Family Residential District
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R-2
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Single-Family Residential District
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R-3
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Mobile Home Residential District
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R-T
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Residential Transition District
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C-1
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Central Business District
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C-2
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Highway Commercial District
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M-1
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Industrial District
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A-1
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Agricultural District
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CON
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Conservancy District
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FW
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Floodway District
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FF
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Flood-Fringe District
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A.
Zoning Map. The boundaries of the districts enumerated in § 560-18 of this chapter are hereby established as shown on a map entitled "Zoning Map, Village of Fremont, Wisconsin," dated April 1, 1986, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Clerk-Treasurer and shall be available to the public in the office of the Clerk-Treasurer. Changes to the districts subsequent to April 1, 1986, shall not be effective until entered and attested on this certified copy.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits; United States Public Land Survey lines; lot or property lines;
center lines of streets, highways, alleys, easements and railroad
rights-of-way; or such lines extended unless otherwise noted on the
Zoning Map.
(1)
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
(2)
Annexations and consolidations. Annexations to or consolidations
with the Village subsequent to the effective date of this chapter
shall be placed in the A-1 Agricultural District unless the annexation
ordinance temporarily placed the land in another district. Within
90 days, the Plan Commission shall evaluate and recommend a permanent
district classification to the Village Board.
C.
Amendments to map. Since April 1, 1986, the Zoning Map has been amended
by ordinance as follows:
B.
C.
Lot, yard and building requirements.
[Amended by Ord. No. 94-3; Ord. No. 03-2]
D.
Additional building and aesthetic requirements.
(1)
Each single-family dwelling shall:
(a)
Be attached to a permanent foundation.
(b)
Have a roof with a minimum of one-foot overhang, covered with
shingles or tile or standing seam metal and at least a 1:3 pitch.
[Amended by Ord. No. 03-2]
(c)
Have an exterior wall surface finished with materials which
are similar in appearance to materials used on existing dwellings
located in the surrounding area. The reflection from such exterior
wall surface shall not be greater than from siding painted with white
semigloss exterior enamel.
(2)
No corrugated steel shall be used for siding or roofing on any structure unless Subsection D(3) below applies.
[Added by Ord. No. 03-2]
(3)
No pole building or any steel structure shall be permitted on parcels
less than two acres in size.
[Added by Ord. No. 03-2]
A.
Permitted uses. Uses permitted in the R-1 District.
B.
Conditional uses. See also Article V of this chapter.
(1)
Uses permitted in the R-1 District.
(3)
Rooming and boarding houses.
(4)
Public buildings, except sewage plants, garbage incinerators, warehouses,
garages, shops and storage yards.
(5)
Cemeteries.
(6)
Libraries, museums and art galleries.
(7)
Hospitals and clinics.
(8)
Funeral homes.
(9)
Uses customarily incidental to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Single-family lot, yard and building requirements.
D.
Additional building and aesthetic requirements. Same as R-1 District.
B.
Conditional uses. None.
D.
Mobile home subdivision lot, yard and building requirements.
The R-T District is established to provide a district for the
historic residential areas of the Village undergoing transition to
a tourist commercial type of activity. It is intended that this district
will generally be acceptable as a buffer between the C-1 District
and the R-1 and R-2 Districts and will provide for continued residential
uses as well as low traffic business uses catering to tourists and
local residents.
[Added by Ord. No. 03-1]
When a housing project consists of two or more buildings on
a single parcel, subdivided or not subdivided into customary lots
and streets, or where an existing lot and street layout make it impractical
to apply the requirements of this chapter, the Plan Commission may
approve a development plan, provided it complies with the regulation
of this chapter as applied to the whole plat.
A.
Intent. This chapter is intended to encourage residential and commercial
planned unit developments offering greater creativity and flexibility
in site plan design than is provided under the strict application
of zoning and subdivision regulations, while at the same time preserving
the health, safety, order, convenience, prosperity and general welfare
of the Village. Specifically, this district's purpose is to:
(1)
Assure that growth is planned and accomplished within the Village's
goals both for the surrounding neighborhood and the community as a
whole.
(2)
Promote flexibility in design and the efficient use of land to facilitate
a more economic arrangement of buildings, uses, circulation systems
and utilities.
(3)
Provide for the accomplishment of external architectural unity so
as to promote design harmony.
(4)
Preserve to the greatest extent possible the existing landscape,
wetland or other environmental amenities, and utilize such features
in an effective manner.
(5)
Enhance the natural setting through the placement of man-made facilities
and plant materials.
(6)
Provide more usable and suitably located common open space than would
otherwise be provided under conventional land development procedures.
B.
Permitted uses. Uses permitted in a planned unit development may
consist of one or a mixture of land uses clearly designated by type
on the approved final development plan. Mixed uses may occur among
or within buildings as long as the uses are compatible with each other
and with planned and existing uses surrounding the PUD.
C.
District standards. The District standards shall be as follows:
(1)
Access. All land uses on a single parcel or on subdivided lots shall
either abut on a public street or have adequate access to a public
street by means of a private street. All streets, public or private,
shall tie in effectively with the Village's existing street system
and with those arterial and collector streets proposed in its future
land use plan.
(2)
Architectural style. The architectural style of individual structures
shall be compatible with other structures in the PUD, with the overall
site design and with surrounding land uses.
(3)
Common open space. Whenever possible, common open space shall be
linked to the open space areas of surrounding developments. Common
open space shall be of a size, shape, location and usability for its
proposed purpose.
(4)
Density. Density shall be governed by the standards of the zoning
district most similar in function to the proposed use. A residential
PUD may provide up to a 25% increase in the number of units per acre
if the PUD provides substantially more site amenities than are found
in a conventional residential development. The character, use of existing
landscape, design variation and environmental concern of a PUD shall
govern the amount of approved density increase.
(5)
Determining standards. Standards for lot area, coverage, setbacks,
parking and screening shall be governed by the standards of the zoning
district most similar in function to the proposed PUD use, as determined
by the Plan Commission. Deviation from those standards may be permitted
only if such deviation is consistent with the total design of the
development, encourages a desirable living environment, and is not
detrimental to the welfare of the Village.
(6)
Exterior boundary setback. No principal building shall be set back
less than 20 feet from the exterior of a PUD or a public or private
street right-of-way. No commercial or industrial structure shall be
nearer than 25 feet to its side or rear property lines where such
line abuts a single-family use.
(7)
Property owners' association. If not platted in a conventional
manner, membership in a property owners' association shall be
mandatory for all owners of property within the PUD. The property
owners' association shall own and maintain all common open space
and private interior drives.
(8)
Designation of recreational trails. When possible, trails should
be integrated into the PUD. Trails within a PUD will be encouraged
to connect to existing or future exterior trail systems. A PUD not
conventionally platted must include at least 10% common open space.
(9)
Minimum PUD development area. At least two acres of land in single
ownership or control shall be the minimum land area for a PUD. However,
a site of less than two acres may qualify if one or more of the following
conditions exist:
(a)
Natural features of the land are such that development under
standard zoning regulations would not be appropriate in order to conserve
such features.
(b)
The land is adjacent to or across the street from property which
has been developed as a PUD and is to be developed in relationship
to such prior development.
(c)
Flexible design is needed to address detrimental site features
affecting the development potential of a site such as heavily used
highways, railroad tracks traversing a property, rock outcroppings,
adjacent incompatible land uses, or similar site constraints.
(d)
The site is surrounded by existing development or environmental
features that prevents full public access.
D.
Environmental review standards and design standards. In reviewing
a proposed planned development, the Village shall apply the following
standards, and the Plan Commission shall recommend approval of such
planned development only when it has determined that the following
standards have been reasonably satisfied.
(1)
The proposal shall demonstrate an effective and unified treatment
of the development possibilities on the project site, making appropriate
provision for the preservation of scenic features and physical amenities
of the site and the surrounding areas.
(2)
The project shall be planned and developed to harmonize with any
existing or proposed surrounding land uses.
(3)
All buildings shall be arranged so as to be accessible to services
and emergency vehicles.
(4)
Landscape treatment for open spaces, roads, paths, service and parking
areas shall be designed as an integral part of a coordinated landscape
design for the entire project area, except lands donated to the Village
for park or trial development.
(5)
Primary landscape treatment shall consist of shrubs, ground cover
and trees, and shall combine with appropriate walks and street surfaces
to provide an attractive development pattern. Whenever possible, existing
trees shall be conserved and integrated into the landscape design
plan.
(6)
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities such as sidewalks and/or trails; roadways;
driveways; off-street parking and loading space, trash removal facilities;
and outdoor storage areas. All such facilities shall be designed to
Village specifications.
(7)
Materials and design of paving, lighting fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance, easily
maintained, and indicative of their function.
(8)
Parking facilities shall be designed with careful regard to orderly
arrangement, topography, landscaping and ease of access, and shall
be developed as an integral part of an overall site design. To reduce
unsightliness and the visual monotony of parked cars, such facilities
shall be screened from public view.
(9)
Any above-grade loading facility should be screened from public view
to the extent necessary to reduce unsightliness.
(10)
Any waterfront improvements, including bulkheads, or access
to docks or floating platforms, subject to DNR regulations.
E.
Preliminary development plan application.
(1)
Preliminary plan. The preliminary plan shall include the following:
(a)
Existing wooded areas, streams, marshes and other predominant
natural features.
(b)
Phasing schedule stating the geographical phasing and approximate
construction timing of the PUD or portions thereof.
(c)
Preliminary drainage plan.
(d)
Preliminary utility plan for all public utilities.
(e)
Site plan showing the lot lines, building locations, public
or private street system, parking spaces, drives, common open space
areas, trails, recreational improvements and structures.
(f)
Summary sheet indicating the area of land in each land use,
number of units proposed, density of development, percentage of land
in usable open space, number of acres of common recreational open
space and number of parking spaces provided.
(g)
Vicinity map showing sufficient area surrounding the proposed
PUD to demonstrate the development's relationship to the adjacent
land uses and street system.
(2)
Application form. The application form shall include the following:
(a)
A written explanation of the character and purpose of the proposed
planned development, including: the type and density of any housing
proposed; the nature and purpose of any nonresidential development;
proposed method for preserving and maintaining open space, streets
and parking areas; and a general statement of proposed financing for
the project.
(b)
Each proposal for planned development should be accompanied
by a schedule showing the times within which each phase or segment
of the PUD will be completed. Approval of any PUD by the Village Board
shall carry with it approval of the time schedule for completion of
each phase or segment contained in the proposal and any changes or
amendments.
F.
Procedure for review of a preliminary PUD. To obtain PUD zoning,
the following procedures shall be followed:
(1)
Prior to filing an application for a PUD Zoning, the Village shall
schedule a pre-filing conference with the developer. The purpose of
this would be to jointly review the proposal and consider any modifications
or conditions that should be included in the application and preliminary
site plan. At this time, the petitioner shall also inform the Village
whether any platting of the subject land will occur.
(2)
Following the pre-filing meeting, the petitioner may file six copies
of a preliminary development plan and application form with the Village
at least 15 days prior to the Plan Commission meeting. If land is
being platted, a preliminary subdivision, or certified survey map
if four or less lots are involved, shall be filed with the Village
along with the preliminary development plan.
(3)
Within 45 days from the filing date, the Plan Commission shall make
a recommendation to Village Board to approve, approve with modifications
or disapprove the proposal.
(4)
After receipt of the Plan Commission report, the Village Board shall
hold a public hearing on the proposed development. Within 45 days
after such public hearing, the Village Board shall approve, approve
conditionally, or disapprove the proposed PUD. Conditional approval
shall be valid for one year and shall be subject to acceptance by
the Village of a final plan for all or a portion of the preliminary
development plan. The final plan shall incorporate all conditions
and modifications imposed by the Village Board.
(5)
If part of the PUD involves the subdivision of land into parcels
for sale to individual owners, the site plan review required pursuant
to this section may run concurrent with a subdivision review consistent
with the Village's platting requirements.
G.
Application for final development plan approval. Prior to issuance
of a building permit, an application for final development plan approval
for particular phases or for the entire preliminary PUD project shall
be filed with the Village. If land subdivision is also occurring simultaneously,
the petitioner will also be required to file a final plat with the
application for the final development plan. These two documents need
to show a consistent design. The application for a final development
plan shall include the following items:
(1)
A definite time frame for start of construction and approximate amount
of time to build out the project.
(2)
All pertinent dimensions shown to the nearest foot.
(3)
Final grading, drainage, utility, lighting and landscape plans.
(5)
Deed restrictions and instruments dedicating all rights-of-way, access
easements and public lands, drafted to the satisfaction of the Village
Attorney.
(6)
Bylaws of the property owners' association if one is pertinent
to the project.
(7)
Building elevation drawings, including specifications, except for
detached single-family dwellings meeting required single-family residential
district standards. The Village may waive this requirement.
(8)
Before a building permit can be issued, the developer shall file
with the Village a security instrument, i.e., a performance bond,
acceptable to the Village. The bond shall be in an amount equal to
150% of the estimated cost of public utilities and infrastructure
in accordance with the subdivision regulations, paved parking, landscaping,
walkways, recreational equipment, if any, and lighting in accordance
with final development plans. Such bond shall be posted for each phase
as it is proposed for development. The estimated cost for termination
of each phase shall be retained by the Village until subsequent phases
are under construction.
H.
Final development plan approval. Within 30 days after the final development
plan is submitted, the Plan Commission shall make a recommendation
to the Village Board on such plan as to its conformity with the preliminary
development plan, fulfillment of all required items and continued
compliance with findings required for preliminary development plan
approval. Upon receiving the Plan Commission's recommendation,
the Village Board shall either approve, approve with conditions, or
deny the final development plan. If approval is granted, a PUD permit
shall be issued to the developer by the Village, and if conditions
are involved, such conditions shall be made part of the permit.
I.
Filing of final development plan. Upon approval, the Clerk-Treasurer
shall certify two copies of such plan, with one plan filed in the
Clerk-Treasurer's office and the second plan recorded in the
Waupaca County recorder of deeds office. Such plan shall be drawn
to a scale of 40 feet to one inch or larger. The dimensions of such
plan shall not exceed three feet by four feet. In case of a large
plan, two or more sheets may be required. If so, the sheets shall
be numbered.
J.
Final development plan changes.
(1)
Any significant changes in the approved final development plan may
be made only after Plan Commission and Village Board approval. No
changes in the final development plan may be made unless they are
shown by the developer to be required by changes in conditions or
circumstances not foreseen at the time of the final plan approval.
Any significant changes shall be recorded as amendments to the approved
final development plan. Minor changes and adjustments to the final
site plan may be approved by Village administration.
(2)
In the event that any portion of such time schedule in the approved
final development plan is not met, the developer may submit a written
request for an extension of time, delivered to the Village Board,
at least 20 days prior to the expiration of the buildout date. The
Village Board may, for good cause, extend the previously agreed completion
date. The petitioner has no limit upon the number of time extensions
requested.
(3)
If the developer fails to satisfy any phase or segment of the completion
schedule within 20 days of the expiration date, or within 30 days
of an extension denial by the Village Board, said phase or portion
of a previously approved site plan associated with the PUD shall become
null and void.
K.
Termination of final development plan approval.
(1)
If final development plan approval is given to a developer and thereafter
he wishes to abandon the plan, the developer shall notify the Village
in writing.
(2)
If the developer fails to commence the development within 18 months
or upon a finding by the Plan Commission that there has not been substantial
progress, as indicated by installation of utilities or completion
of 5% of the proposed floor area, such final development plan approval
may be terminated after public hearing by the Village Board.
The C-1 District is intended to provide an area for the business
and commercial needs of the Village.
A.
Permitted uses.
(1)
Existing single-family dwellings.
(2)
Apartments located on the first and second floors; provided that
on the first floor, the front 30% of the front floor is used or reserved
for business use.
[Amended by Ord. No. 06-1]
(3)
General business and commercial uses which do not generate noise,
smoke and odors that would create a public or private nuisance. These
uses generally include the following:
(a)
Banks, commercial or professional offices and telephone offices.
(b)
Hotels and motels.
(c)
Theaters, bowling alleys and places of amusement.
(d)
Restaurants, taverns and bars.
(e)
Personal services, automobile service and equipment service
establishments.
(f)
Public transportation terminals.
(g)
Uses customarily incident to any of the above uses.
The C-2 District is established to provide for principally motor
vehicle oriented or dependent commercial activities in nonresidential
settings. Lot dimensional requirements are established to provide
for the orderly grouping of commercial uses and for adequate off-street
parking.
A.
Permitted uses.
(1)
Automotive sales, servicing and repairs.
(2)
Automotive parts sales, including incidental service and repair;
provided, however, that all vehicles be in operative condition.
(3)
Bars.
(4)
Department stores.
(5)
Discount stores.
(6)
Gift stores.
(7)
Drive-in banks.
(8)
Drive-in establishments serving food or beverage for consumption
outside the structure.
(9)
Laundromats.
(10)
Motels.
(11)
Places of entertainment.
(12)
Recreational establishments.
(13)
Restaurants.
(14)
Service stations, washing and repair stations, provided all
gas pumps are not less than 30 feet from any existing or proposed
street line.
(15)
Shopping centers.
(16)
Supermarkets.
(17)
Tourist information and hospitality centers.
B.
Conditional uses.
(1)
Farm machinery and equipment sales, repair and storage.
(2)
Feed and seed stores.
(3)
Food locker plants.
(4)
Greenhouses.
(5)
Lumber and contractor's yards.
(6)
Cleaning, dyeing and pressing related trades.
(7)
Publishing, including newspaper publishing, job printing, lithographing,
blueprinting.
(8)
Other uses similar in character with the approved uses giving due
consideration to such items as noise, odor, pollution, traffic and
parking, safety, hours and type of operation.
(9)
Uses clearly similar in character to those listed above.
C.
Lot, yard and building requirements.
The M-1 Industrial District is intended to provide space for
industrial and manufacturing uses at appropriate locations in the
Village.
A.
Permitted uses. None.
B.
Conditional uses. Any industrial use may be granted, subject to the conditional use provisions of Article V, Conditional Uses, of this chapter, except those that would create a public or private nuisance, or present a danger to residents of the Village, or would generate noise, smoke, traffic or air or water pollution in excess of the applicable federal and/or state standards.
C.
Prohibited uses. All other uses (residential, commercial and public)
are prohibited, except a dwelling may be provided for a caretaker
or superintendent if the industrial use requires constant supervision.
D.
Lot, yard and building requirements.
(1)
Lot frontage: 100 feet.
(2)
Lot area: minimum one acre.
(3)
Front yard: minimum 30 feet.
(4)
*Side yards: minimum 20 feet.
(5)
*Rear yard: minimum 40 feet.
(6)
Building height: maximum 35 feet.
(7)
Number of stories: maximum of three.
(8)
Percent of lot coverage: maximum 40%.
(9)
Parking: see Article VI, Traffic, Loading, Parking and Access, of this chapter.
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Required buffer strips in industrial districts. Where an M-1
Industrial District abuts a residential district, there shall be provided
along any rear, side or front line, coincidental with any industrial-residential
boundary, a buffer strip not less than 40 feet in width as measured
at right angles to said lot line. Plant materials at least six feet
in height of such variety and growth habits as to provide a year-round,
effective visual screen when viewed from the residential district
shall be planted in the exterior 25 feet abutting the residential
district. If the required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than five nor more than eight feet in height and shall be of such
materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may be devoted to parking of vehicles.
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The Agricultural District is established to help conserve good
farming areas and prevent uncontrolled, uneconomical spread of residential
development since it results in excessive costs to the Village for
provision of essential public improvements and services.
A.
Permitted uses.
B.
Conditional uses. The following uses are authorized by a conditional
use permit:
(1)
Single-family residence on parcels not less than 20,000 square feet
in area provided it is determined that this smaller lot is to provide
a site for housing accommodations for a member of the family of the
property owner.
(2)
Airports, including terminal facilities and necessary concessions.
(3)
Camping area.
(4)
Cemetery.
(5)
Essential services.
(6)
Fur farm.
(7)
Golf course.
(8)
Mineral extraction.
(9)
Mobile home park.
(10)
Quarrying.
(11)
Sewage disposal plant.
(12)
Uses customarily incident to any of the above uses.
The CON Conservancy District is intended to preserve the natural
state of scenic areas, to preserve natural areas and buffer strips,
and to discourage intensive development of marginal lands to prevent
potential hazards to public and private property.
A.
Permitted uses. Open space uses such as management of forestry, wildlife
and fish; harvesting of wild crops such as marsh hay, ferns, bogs,
berries, fruit trees and tree seeds; hunting, fishing and trapping;
bicycle or hiking trails; parks; and uses customarily incident to
any of the preceding uses.
B.
Conditional uses. Public utilities such as dams, power stations,
sewage disposal plants, water pumping or storage facilities; and golf
courses and public camping grounds.
C.
Special provisions. There are no setback, lot size or other dimensional
requirements applicable to the CON District. No use or modification
of any existing use shall be permitted that will:
(1)
Involve dumping or the storage of dangerous materials that are flammable,
explosive or injurious to human, animal or plant life.
(2)
Result in accelerated stream bank erosion.
(3)
Obstruct the flow of floodwaters, retard the movement of floodwater
as to increase flow velocities, increase the flood stage, or substantially
reduce the flood storage capacity of the floodplain excepting public
water measurement and control facilities.
See Chapter 535, Floodplain Zoning, of this Code.
