For the purpose of this chapter, the Village is divided into
the following zoning districts:
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R-1
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Residential District - Single-Family General
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R-1C
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Residential District - Single-Family Central
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R-2
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Residential District - Two-Family
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R-3
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Residential District - Multifamily
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R-4
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Residential District - Mobile Home Parks
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C-1
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Commercial District - Central Business
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C-2
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Commercial District - Community Business
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C-3
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Commercial District - Highway Business
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I-1
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Industrial District
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A-1
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Agricultural District
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CO-1
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Conservancy District
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PUD-1
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Planned Unit Development District
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The location and boundaries of the zoning districts are hereby
established as shown on the map entitled "Zoning District Map" on
file in the office of the Village Clerk/Treasurer. The Village Zoning
Administrator shall regularly update the Zoning District Map to show
any changes in the zoning district boundary lines resulting from amendments
to the Zoning Ordinance and annexations to the Village. The Zoning
District Map, together with all information shown thereon and all
amendments thereto, shall be as much a part of this chapter as if
fully set forth and described herein.
A.
Location of district boundaries. The following rules shall apply
with respect to the boundaries of the zoning districts as shown on
the Zoning District Map:
(1)
Where zoning district boundary lines are indicated as following streets,
highways, roads, railroad right-of-way or alleys, such boundary lines
shall be construed to be the center line of said streets, highways,
roads, railroad rights-of-way or alleys unless clearly shown to the
contrary.
(2)
Where any uncertainty exists as to the exact location of zoning district
boundary line, the Zoning Board of Appeals, upon written application,
shall determine the location of such boundary lines.
B.
Annexations. Annexations to the Village subsequent to the effective
date of this chapter shall be placed in the A-1 Agricultural District,
unless the annexation ordinance temporarily places the land in another
district. Within a reasonable time, after completion of the annexation
procedures, the Village Plan Commission shall evaluate and recommend
a permanent district classification to the Village Board of Trustees.
[Amended 4-13-2005 by Ord. No. A-175]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
One private attached or detached garage; or two garages, provided one is an attached garage and one is a detached garage. All garages shall have a minimum of two stalls and a maximum of four stalls. To be permitted, all detached garages must meet the requirements specified in Subsection C, Lot, building and yard requirements.
(3)
Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds; kennels for pets owned by owners of the residence; and, other such structures customarily associated with and clearly incidental to the residential use. Any such structures shall not exceed 200 square feet and must meet the requirements specified in Subsection C, Lot, building and yard requirements.
(b)
Off-street parking customarily accessory and clearly incidental
to permissible principal uses and structures.
(c)
Signs as permitted by Village ordinances.
(4)
Community living arrangements which have a capacity for eight or
fewer persons, provided that such arrangements fully comply with Wis.
Stats. § 62.23(7)(i)3., as amended, and a copy of first
licensure is promptly provided to the Village Clerk/Treasurer so that
the Village Board may make the determination allowed under Wis. Stats.
§ 62.23(7)(i)9., as amended.
(5)
Foster homes or foster treatment homes that are the primary domicile
of a foster parent or treatment foster parent and that fully comply
with Wis. Stats. § 62.23(7)(i)2m.
(6)
Family day-care homes that fully comply with Wis. Stats. § 66.1017.
B.
Conditional uses.
(1)
Accessory structures in excess of the permitted use requirements.
(2)
Detached garages in excess of the permitted use requirements.
(3)
Community living arrangements which have a capacity for nine or more
persons, provided that such arrangements fully comply with Wis. Stats.
§ 62.23(7)(i), as amended.
(4)
Schools, churches and their affiliated uses.
(5)
Parks, playgrounds, tennis courts and swimming pools.
(6)
Public utilities such as electric substations, telephone switching
stations, etc. [SIC 494, 4952]
(7)
Customary home occupations for individuals residing in the residence,
including professional home offices, hair and nail salons.
[Amended 7-14-2010 by Ord. No. A-210]
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 90 feet, except for cul-de-sac lots, which
shall have a minimum frontage of 40 feet, and irregularly shaped lots,
which shall have a minimum frontage of 50 feet.
(2)
Lot area: minimum 11,000 square feet.
(3)
Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum 10 feet; with 25 feet in combination. The
25 feet in combination requirement shall not apply to cul-de-sac lots
or irregularly shaped lots.
(c)
Rear yard: minimum 30 feet.
(d)
Rear/side yard with open yard deck: minimum 10 feet.
(e)
Building height: maximum 35 feet.
(f)
Lot, building and yard requirements for corner lots:
[Added 12-10-2014 by Ord.
No. A-227]
[1]
Front yard. There shall be a front yard of not less than 30
feet: from the street: right-of-way line and provided further that:
on corner lots there shall be two front yards (adjacent to each street)
with a minimum setback of 30 feet from the street right-of-way line
for each front yard.
[2]
Rear yard. There shall be no rear yard.
[3]
Side yard. There shall be two side yards with a combination
of 25 feet with no less than 10 feet on one side.
(5)
Detached garages.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Minimum size: 20 feet by 20 feet.
(e)
Maximum size without additional approval: 24 feet by 24 feet
or equivalent square footage of 576 square feet.
(f)
Building height: maximum 18 feet at peak.
(g)
Sidewall height: maximum 10 feet.
(h)
Stall size: maximum 14 feet wide.
(i)
Maximum size with additional approval: 32 feet by 48 feet or
equivalent square footage of 1,536 square feet, provided it:
[1]
Complies with all other requirements in this section;
[2]
The building plans are submitted to the Building Inspector and Plan
Commission; and
[3]
The building plans receive approval from the Plan Commission and
Building Inspector, which approval shall not be unreasonably withheld
provided that the garage is consistent with the architecture and aesthetics
of the existing buildings.
(6)
Percent of lot coverage: maximum 25%.
(7)
Parking spaces required: three spaces per residence.
A.
Permitted uses. Any uses permitted in R-1 Residential District -
Single-Family General.
B.
Conditional uses. Any conditional uses in R-1 Residential District -
Single-Family General.
B.
Conditional uses.
(1)
Any conditional uses in R-1 Residential District - Single-Family
General.
(2)
Zero lot line construction. In addition to the requirements specified in Subsection C, Lot building and yard requirements, and special conditions that may be set forth in the conditional use permit, the following shall be required of all zero lot line construction:
(a)
To obtain approval for zero lot line construction on buildings
for which the building permit was issued after May 1, 2000, each dwelling
unit shall be required to have separate sewer and water lateral connections;
separate sewer/water, electric and gas shutoffs; and, separate sewer/water,
electric and gas meters.
(b)
To obtain approval for zero lot line construction on buildings
for which the building permit was issued prior to May 1, 2000, each
dwelling unit shall be required to have separate sewer/water, electric
and gas meters.
(c)
All zero lot line construction shall also be required to obtain approval of and record a certified survey or plat map, as appropriate under Chapter 325, Subdivision of Land, and a satisfactory maintenance agreement. In addition to meeting other subdivision and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:
[1]
Has had a surveyor verify that the zero lot line(s) on the map accurately
depicts the actual center line for the common walls after the foundation
of the building has been poured (through as-built plans or other means
satisfactory to the Village Engineer); and
[2]
Has provided confirmation of same to the Building Inspector.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 90 feet.
(2)
Lot area: minimum 12,000 square feet.
(5)
Percent of lot coverage: maximum 35%.
(6)
Parking spaces required: two spaces per dwelling unit.
(7)
Lot, yard and principal building requirements for zero lot line construction.
(a)
Lot frontage: minimum 45 feet.
(b)
Lot area: minimum 6,000 square feet.
(c)
Front yard: minimum 30 feet.
(d)
Side yards: minimum 10 feet on one side and zero feet on the
other side.
(e)
Rear yard: minimum 35 feet.
(f)
Building height: maximum 35 feet.
(g)
Percent of lot coverage: maximum 35%.
(h)
Parking spaces required: two spaces per dwelling unit.
B.
Conditional uses.
(1)
Any conditional uses in R-1 Residential District - Single-Family
General and R-2 Residential District - Two Family.
(2)
Multifamily dwellings with nine or more units.
(3)
Charitable institutions, convalescent homes and nursing homes.
(4)
Clubs and lodges.
(5)
Nursery schools.
(6)
Recreational buildings and community centers not operated for profit.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 100 feet.
(2)
Lot area: minimum 2,500 square feet per efficiency; 3,000 square
feet per one-bedroom unit; 3,500 square feet per two-bedroom unit;
4,000 square feet per three-bedroom unit and over.
(5)
Percent of lot coverage: maximum 45%.
(6)
Usable open space: minimum of 1,000 square feet per dwelling unit
for first six units, plus 400 square feet of green area for each unit
over six.
(7)
Parking spaces required: 1/2 stall per efficiency; two stalls per
two-bedroom unit; three stalls per three-or-more-bedroom units.
D.
Other requirements.
(1)
The driveway requirements established in the R-1 and R-2 districts
shall apply to principal permitted uses that are also permitted in
the R-3 districts (e.g., duplexes and residences).
(2)
No more than one multifamily unit may be served by one private driveway.
(3)
Driveway and parking requirements shall be established on a case-by-case
basis for conditional uses.
[Note: Numbers in brackets refer to North American Industry
Classification System or NAICS codes.]
A.
Permitted uses.
(1)
Paint, glass and wallpaper stores. [44412]
(2)
Hardware stores. [44413]
(3)
Department stores, variety stores, general merchandise stores. [4521-4529]
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
meat and fish stores, dairy products stores, including ice cream stores,
and miscellaneous food stores. [4451, 44521, 44522, 44523, 445299]
(5)
Candy, nut or confectionery stores. [4455292]
(6)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home service delivery. [445291]
(7)
Clothing and shoe stores. [4481-4482]
(8)
Furniture, home furnishings, and floor covering stores. [442]
(9)
Restaurants, lunch rooms and other eating places, except drive-in
type establishments. [7221, 7222]
(10)
Taverns, bars, and other drinking places with permit by Village
Board. [7224]
(11)
Drugstores and pharmacies. [44611]
(12)
Liquor stores. [44531]
(13)
Antique stores and secondhand stores. [45331]
(14)
Sporting goods stores. [45111]
(15)
Book and stationery stores. [4512, 4532]
(16)
Convenience stores. [44512]
(17)
Jewelry and clock stores. [44831]
(18)
Camera and photographic supply stores. [44313]
(19)
Gift, novelty and souvenir shops. [45322]
(20)
Florist shops. [45311]
(21)
Tobacco and smokers' supplies stores. [453991]
(22)
News dealers and newsstands. [451212]
(23)
Wholesale merchandise establishments, only for retail items
listed above.
(24)
Banks and other financial institutions. [5211, 5221, 5222, 5223,
523]
(25)
Offices of insurance companies, agents, brokers, service representatives.
[524]
(26)
Offices of real estate agents, brokers, managers and title companies.
[5312, 5313, 541191]
(27)
Reupholstering and furniture repair. [81142]
(28)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes." [81231]
(29)
Tailor shops, dressmakers' shops, and garment repair shops,
but not garment-pressing establishments, hand laundries, or hat cleaning
and blocking establishments. [81149]
(30)
Photographic studios and commercial photography establishments.
[54192]
(31)
Barbershops, beauty shops and hairdressers. [81211]
(32)
Shoe repair shops and shoe shine parlors. [81143]
(33)
Advertising agencies, consumer credit reporting, news agencies,
employment agencies. [514110, 54181, 54184, 54189, 541612, 56131]
(34)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list, and stenographic services. [561439]
(35)
Computer services. [5415, 5142, 5112]
(36)
Watch, clock and jewelry repair services [81149]
(37)
Bowling alleys. [71395]
(38)
Offices of physicians and surgeons, dentists and dental surgeons,
osteopathic physicians, and chiropractors; and veterinarian's
offices without outdoor kennel facilities [621112, 62121, 62131, 62132,
621399, 54194]
(39)
Law offices. [5411]
(40)
The offices, meeting places, and premises of professional membership
associations, labor unions and similar labor organizations; political
organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations. [8131, 8133, 8134, 8139]
(41)
Engineering and architectural firms or consultants. Accounting,
auditing, and bookkeeping firms or services. [5412, 5413]
(42)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
[54169]
(43)
The offices of governmental agencies, post offices, libraries,
and municipal parking lots. [92111, 49111, 51412, 81293]
(44)
Public transportation passenger stations, taxicab company offices,
taxicab company offices, taxicab stands, but not vehicle storage lots
or garages. [48521, 48531]
(45)
Telephone and telegraph offices. [5133]
B.
Conditional uses.
(1)
The sale, service, repair, testing, demonstration or other use of
piston-type engines or motors, or any type of device, appliance or
equipment operated by such engines or motors. However, the number
of unenclosed vehicles awaiting sale or repair shall be established
by the Plan Commission. Enclosed vehicles shall be stored within a
building or enclosed by a complete vision-barrier fence a minimum
of six feet in height. Prior to construction, the materials proposed
to be used for the fence and the fence design shall be approved by
the Plan Commission. Such enclosure fences shall be maintained in
such a manner so as not to constitute a nuisance. [8111]
(2)
Miscellaneous repair shops and related services. [81149]
(3)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books. [51111, 51112]
(4)
Farm supplies, wholesale trade. [42291]
(5)
Commercial parking lots, parking garages, parking structures. [81293]
(6)
Motion-picture theaters, not including drive-in theaters. [512131]
(7)
Gasoline service stations; provided, further, that all gasoline pumps,
storage tanks, and accessory equipment must be located at least 30
feet from any existing or officially proposed street line. [44711]
(8)
Establishments engaged in renting and/or selling videocassettes,
DVDs, and related items such as VCRs, DVD players, TVs and similar
equipment. [53223]
(9)
Residential dwelling units above the ground floor and not exceeding 50% of the total gross floor area in a two-story building or not exceeding 66% of the total gross floor area in a three-story building. There shall be no residential dwelling units below the second floor. Garages or additional off-street parking may be required in excess of the requirements set forth in § 385-27. The number of dwelling units per building or per lot may be set upon recommendation of the Plan Commission and approval of the Village Board. The Village Board, upon recommendation of the Plan Commission, may restrict the permitted uses, set forth in Subsection A above, for the ground floor commercial establishment. This conditional use is not a conditional use allowed in the C-2 District.
[Added 7-28-2005 by Ord. No. A-178]
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 25 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Front yard: reasonably consistent with adjacent properties.
(4)
Side yard: minimum 10 feet, except that no minimum is required where
there are abutting common walls.
(5)
Rear yard: minimum 25% of depth of lot.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 90%.
(8)
Lot area per dwelling unit: minimum 2,000 square feet.
(9)
Alley width: minimum 15 feet.
A.
Permitted uses.
(1)
Any use permitted in C-1 Commercial - Central Business.
(2)
Automobile service stations and garages.
(3)
Car wash, but only if enclosed in a building.
(4)
Wholesale businesses, lumber yards and warehouses.
(5)
Printing and photocopy shops.
(6)
Sales and service of automobiles, boats and trucks.
(7)
Contractors or construction offices and shops and display rooms.
C.
Lot, building and yard requirements.
(1)
Lot frontage: minimum 50 feet.
(2)
Lot area: minimum 6,000 square feet.
(3)
Front yard: minimum 25 feet.
(4)
Side yard: minimum 10 feet.
(5)
Rear yard: minimum 25 feet.
(6)
Building height: maximum 75 feet.
(7)
Percent of lot coverage: maximum 90%.
(8)
Lot area per dwelling unit: minimum 2,000 square feet.
(9)
Alley width: minimum 15 feet.
A.
Purpose and general standards. The C-3 Commercial District -
Highway Business is established to furnish the consumer population
of the Blue Mounds area and travelers with a wide variety of goods
and services which have certain locational requirements and operational
characteristics that are incompatible with the Central or Community
Business districts. Highway Businesses will be subject to the following
general standards:
(1)
Highway commercial districts will be primarily restricted to lands
adjacent to Highway ID.
(2)
Access to highway businesses will be limited and clearly marked.
(3)
All business, servicing or processing, except for off-street parking,
off-street loading, display of merchandise for sale to the public,
establishment of the drive-in type and outdoor eating areas of restaurants,
will be conducted within completely enclosed buildings.
(4)
With the exception of motor vehicles in operable condition that are
or expect to be moved every 48 hours, all storage within 100 feet
of a residence district or an arterial street will be within completely
enclosed buildings or effectively screened.
C.
Conditional uses.
(1)
Animal hospitals and kennels, not located within 200 feet from a
residential district.
(2)
Car wash, but only if enclosed in a building.
(3)
Battery, muffler and tire service stations.
(4)
Contractors or construction offices and shops and showrooms.
(5)
Commercial recreation facilities, limited to arcades, bowling alleys,
clubs, dance halls, driving ranges, gymnasiums, indoor shooting ranges,
lodges, miniature golf, pool and billiard halls, skating rinks and
indoor theaters.
(6)
Dry cleaners and/or laundromats.
(7)
Farm and other machinery and equipment sales and service.
(8)
Garages for repair and servicing of motor vehicles, including body
repair, painting or motor rebuilding.
(9)
Greenhouses.
(10)
Liquor stores.
(11)
Marine equipment sales and service.
(12)
Mobile home and model home sales and service.
(13)
Motor vehicle sales and service, including automobiles, trucks,
motorcycles and snowmobiles.
(14)
Offices.
(15)
Warehousing, indoor storage only.
(16)
The active cultivation of agricultural crops.
[Added 11-29-2011 by Ord. No. A-214]
[Amended 5-16-2005 by Ord. No. A-176]
A.
Purpose. The Industrial District is intended to provide for the orderly
development of manufacturing and heavy to light industrial operations
in areas designated on the Village's land use plan for industrial
development and for protection from the intrusion of certain incompatible
uses. Businesses and persons located in this district should expect
a traditional industrial and manufacturing setting as opposed to a
"business park" or "light manufacturing" type setting that would more
typically locate in a Commercial or Light Manufacturing District.
B.
Policies.
(1)
The development of non-nuisance type manufacturing or industrial
operations, which on the basis of physical and operation characteristics
would not be detrimental to the surrounding area or to the Village
as a whole.
(2)
The development of industrial areas will be done in an environmentally
suitable manner to protect adjacent nonindustrial areas. To meet this
requirement, the following environmental performance standards should
be complied with:
(a)
Air pollution. No activity shall emit any fly ash, dust, fumes,
vapors, mist or gases in such quantities as to cause soiling or danger
to the health of persons, animals, vegetation or property or in quantities
that exceed established state standards (Chapters NR 400 through 499
of the Wis. Administrative Code) or federal air pollution standards
(§ 111, Clean Air Act). Any entity intending to establish
a standing air emission source must obtain appropriate permits from
the Wis. Dept. of Natural Resources.
(b)
Fire and explosive hazards. All activities involving the manufacturing,
utilization, processing or storage of flammable and explosive material
shall be provided with adequate safety devices against the hazard
of fire and explosion, and with adequate fire fighting and fire-suppression
equipment and devices that are standard in the industry.
(c)
Liquid or solid wastes. No activity shall discharge at any point
onto any land or into any water or public sewer any materials of such
nature, quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements, can overload the
existing municipal utilities, or can injure, contaminate or damage
persons or property.
(d)
Noise and vibration. Other than on a temporary basis for a period
not longer than seven minutes in any hour, there shall be no noise
or vibration over 80 decibels emanating from any unsanctioned activities
beyond the boundaries of the immediate site as determined by the Building
Inspector. No activity shall emit vibrations which are discernible
without instruments outside its premises.
(e)
Odors. No activity shall emit any odorous matter of such nature
or quantity as to be offensive, obnoxious or unhealthful outside their
premises.
(f)
Radioactivity and electrical disturbances. No activity shall
emit radioactivity or electrical disturbances outside its premises
that are dangerous or adversely affect the use of neighboring premises.
C.
Permitted uses. Permitted uses in the Industrial District shall be
as follows and defined by the Standard Industrial Classifications
(SIC) scheme to define terms that are used:
(1)
Manufacturing and industrial operations including:
(a)
Printing and publishing. [5111, 51112]
(b)
Industrial machinery and equipment. [5084]
(c)
Dairy products. [5415, 5143, 2023]
(d)
Plastic materials and synthetics. [308, 5162]
(e)
Fabricated metal products. [34]
(f)
Furniture and fixtures. [25, 5021]
(g)
Instruments and related products. [3931]
(h)
Medicinal chemicals and botanical products. [2833]
(i)
Fertilizer plants and production including, nitrogenous, phosphatic
and mixed fertilize and livestock mineral blending and nutritional
aid production. [2873, 2874, 2875]
(j)
Additional industrial and manufacturing operations not expressly
set forth in this section may be allowed as a conditional use, provided
such industrial or manufacturing use is consistent with the intent
and purpose of the district. These additional industrial and manufacturing
uses may, but are not required to, include uses such as the manufacture,
fabrication, packing, packaging, processing and assembly of products
such as confections, cosmetics, electrical appliances and devices,
foods, furs, glass, jewelry, leather, metals, paper, pharmaceuticals,
plaster, plastics, textiles, and wood.
(2)
Warehousing or distribution operations, not including predominantly
retail sales to customers on site. [50-51]
(4)
Fire stations. [9224]
(5)
Highway passenger and motor freight transport. [41-42]
D.
Conditional uses. The following are permitted as conditional uses
within the I-1 District:
(1)
Public utilities and public services.
(2)
Telecommunications facilities, including cell towers. [48]
(3)
Ancillary retail sales and service operations that serve employees
within the industrial park.
(4)
Sewage treatment plants. [4952]
(5)
Gas and LP and fuel manufacturing.
(6)
Fuel companies and suppliers of propane gas, heating oils, diesel
fuel, gasoline, kerosene, aviation fuel and propane equipment service
and repair.
(7)
Business services [73]. Any business services locating in the industrial
park shall be subject to a conditional use permit by which the owner
acknowledges that the primary purpose of the district is manufacturing
and industrial, and such manufacturing and industrial uses shall be
the dominant use in the I-1 District.
(8)
Offices of construction firms, shops, display rooms and enclosed
storage. [15-17]
(9)
Recreational facilities, including but not limited to ice hockey
rinks. Any such recreational facilities locating in the industrial
park shall be subject to a conditional use permit by which the owner
acknowledges that the primary purpose of the district is manufacturing
and industrial, and such manufacturing and industrial uses shall be
the dominant use in the I-1 District.
(10)
Dog and other domestic small animal day care, training, grooming
and/or boarding facilities allowing up to a maximum of 100 kennels.
[Added 10-10-2007 by Ord. No. A-187.2]
F.
Standards.
(1)
(2)
Lot area. Maximum lot coverage of a building on a lot shall not exceed
80% of the total lot area. There shall be sufficient area for the
principal structure, its accessory structures, and all required off-street
parking, loading areas and any required yards. Stormwater management
plans will be required for sites with proposed impervious areas of
greater than 50% of the lot area. Impervious areas shall include building(s),
paved parking areas, paved access/circulation roads and paved storage
areas.
(3)
Side yard. Minimum side yard is 10 feet. In the event that two adjoining
sites shall be owned by the same owner and the improvements on such
sites are erected on these combined sites, then the side yard requirements
on the interior line may be waived.
(4)
Off-street parking. Adequate parking stalls shall be established
to incorporate all vehicle parking within the lot area. There shall
be no parking allowed in the 30 feet adjacent to a residential district.
On-street parking, loading or unloading is prohibited.
G.
Other requirements. Uses permitted and conditional in the I-1 District
are subject to the following requirements:
(1)
Required buffer strips in Industrial Districts. Where an I-1 Industrial
District abuts an established 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. When a new
I-1 District is located next to an established residential district,
then the buffer strip shall be located in the I-1 District. If a new
residential district is built next to an existing I-1 District, then
the buffer strip will be built in the new residential area by the
residential developer. 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.
(2)
The minimum landscape surface ratio (the area of the lot which is
planted and continually maintained in vegetation) is 20%.
(3)
The landscaping plans should achieve a minimum point total of 800
points; 600 of these points in trees and the remaining 200 using other
elements in each 10,000 square feet of green space. The final point
total must come from a balanced variety of the listed elements as
acceptable to the Plan Commission. Subject to the recommendation of
the Plan Commission, the above point totals may be increased or decreased
on specific sites to meet the intent of this chapter.
|
Landscape Element
|
Point Value
| ||
|---|---|---|---|
|
Medium shade tree:
| |||
|
2 to 2 1/2 inch caliper at 6 inches
|
100
| ||
|
Medium evergreen tree:
| |||
|
5 to 6 1/2 feet in height
|
100
| ||
|
Medium deciduous shrub:
| |||
|
18 to 24 inches in height
|
15
| ||
|
25 to 36 inches in height
|
20
| ||
|
Evergreen shrub:
| |||
|
18 to 24 inches in height
|
20
| ||
(4)
If trees or plantings die, they must be replaced in a timely manner,
but not later than the next fall or spring planting season.
(5)
Signs must be approved by the Plan Commission prior to approval.
The immediate area surrounding the sign must achieve a minimum of
100 landscape points.
A.
Permitted uses.
(1)
General farming, including agriculture, dairying, floriculture, forestry,
grazing, hay, orchards, and truck farming.
(2)
Keeping and raising domestic stock for agribusiness, show, breeding
or other purposes, but excluding swine farming, fur farming, dog kennels,
and commercial hatcheries; and, provided that farm buildings housing
animals, barnyards and feed lots shall be at least 200 feet from any
navigable water or district boundary, shall not be located in a floodplain
and shall not be within 300 feet of a dwelling unit other than the
dwelling unit located on the farm itself.
B.
Conditional uses.
(1)
Parks, parkways, and golf courses, but not including commercially
operated par three or miniature golf courses or golf driving provided
that the maintenance building and club houses shall be not less than
300 feet from any lot in a residence district.
(2)
Home occupation or professional office.
(3)
Airports, airstrips and landing fields, provided that the farm is
not less than 20 acres.
(4)
Transmitting towers, receiving towers, relay and microwave towers
without broadcast facilities.
(5)
Campgrounds.
A.
Statement of purpose.
(1)
The Planned Unit Development (PUD) is an area to be developed as
a single entity according to a Specific Implementation Plan, containing
one or more residential clusters, commercial clusters, industrial
cluster, or a mixture thereof, and one or more public, quasi-public,
agricultural, parkland and/or conservation areas. PUDs shall be designated
as PUD-Residential, PUD-Commercial, PUD-Industrial and PUD-Mixed.
(2)
The Planned Unit Development District is established to provide a
regulatory framework designed to encourage and promote environmental
quality of the Village by allowing for greater freedom, imagination,
and flexibility in the development of land while insuring substantial
compliance to the basic intent of the Zoning Ordinance and the Blue
Mounds Comprehensive Plan. It is further intended to encourage more
rational and economic development with relationship to public services,
and to encourage and facilitate preservation of open spaces.
B.
Permitted uses. The following uses are permitted in the Planned Unit
Development District; provided, however, that no use shall be permitted
except in conformity with a specific and precise development plan
pursuant to the provisions set forth herein:
(1)
Any use permitted in any of the districts subject to the criteria
established in this section are permitted, but such requirements as
are made a part of an approved recorded precise development plan shall
be, along with the recorded plan itself, construed to be enforced
as a part of these provisions.
C.
Lot area, width, height, yard and usable open space requirements.
In the Planned Unit Development District, there shall be no predetermined
specific lot area, lot width, height, yard and usable open space requirements,
but such requirements as are made a part of an approved recorded precise
development plan. The minimum land area for Planned Unit Development
District shall be five acres.
E.
Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with the provisions of § 385-27 and such requirements as are made a part of an approved recorded precise development plan.
F.
Criteria for approval. As a basis for determining the acceptability
of a Planned Unit Development District application, the following
criteria shall be applied to the precise development plan for such
district with specific consideration as to whether or not it is consistent
with the spirit and intent of these provisions, has been prepared
with competent professional advice and guidance.
(1)
Character and intensity of land use. In a Planned Unit Development
District, the uses proposed, and their intensity and arrangement on
the site, shall be of a visual and functional character which:
(a)
Are compatible to the physical nature of the site with particular
concern for the preservation of natural features and open spaces.
(b)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the Comprehensive Plan for the area as established
by the Village.
(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 applicant shall provide evidence
satisfactory to the Village Board of its economic feasibility, of
available adequate financing, and that it would not adversely affect
the economic prosperity of the Village or the values of surrounding
properties.
(3)
Preservation and maintenance of open space. In a Planned Unit Development
District, adequate provision shall be made for the permanent preservation
and maintenance of common open space either by private reservation
or dedication to the public.
(a)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Village as part of the conditions for project approval an open space
easement over such open areas restricting the area against any future
building or use except as is consistent with that or providing landscaped
open space for the aesthetic and recreational benefit of the development.
(b)
The care and maintenance of such open space reservation shall
be assured by establishment of appropriate management organization
for the project. The manner of assuring maintenance shall be included
in the title to each property.
(4)
Implementation schedule. Any person, firm or corporation applying
for Development District shall submit a reasonable schedule for the
implementation of the development to the satisfaction of the Village
Board, including suitable provisions for assurance that each phase
could be brought to completion in a manner which would not result
in adverse effect upon the surrounding properties as a result of termination
at that point.
G.
Procedure. The procedure for rezoning to a Planned Unit Development
District shall be as required for any other zoning district change
except that in addition thereto, the rezoning may only be considered
in conjunction with a development plan, and shall be subject to the
following additional requirements:
(1)
General development plan. The applicant shall file with the Plan
Commission a general development plan which shall include the following
information:
(a)
A statement describing the general character of the intended
development.
(b)
An accurate map of the project area including its relationship
to surrounding properties and existing physical features.
(c)
A plan of the proposed project showing at least the following
information in sufficient detail to make possible the evaluation of
the criteria for approval as set forth in these provisions.
(d)
The pattern of proposed land use including shape, size and arrangement
of proposed use areas, density and environmental character.
(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 school park, greenway,
etc.
(g)
A utility feasibility study.
(h)
Appropriate 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 under the criteria of Subsection G(1)(f) of this section.
(i)
General outline of intended organizational structure related
to property owner's association, deed restrictions and private
provision of common services.
(2)
Referral and hearing.
(a)
Within a reasonable time after completion of the filing of the
application for approval of a general development plan, the Plan Commission,
after a public hearing, shall forward the application to the Village
Board, with a recommendation that the plan be approved as submitted,
approved with modifications, or disapproved.
(b)
Approval of the rezoning and related general development plan
shall establish the basic right of use for the area in conformity
with the plan as approved, which shall be recorded as an integral
component of the district regulations, but such plan shall be conditioned
upon approval of a specific implementation plan, and shall not make
permissible any of the uses as proposed until a specific implementation
plan is submitted and approved for all or a portion of the general
development plan.
(3)
Specific implementation plan. A specific and detailed plan for implementation
of all or a part of a proposed Planned Unit Development District must
be submitted within a reasonable period of time as determined by the
Plan Commission. If a specific implementation plan has not been submitted
within said time, which the Plan Commission determines to be a reasonable
phase of the total plan, a petition to rezone the property back to
the previous zoning from the Planned Unit Development district shall
be filed by the Plan Commission. The specific implementation plan
shall be submitted to the Plan Commission and shall include the following
detailed construction and engineering plans and related detailed 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 plat, where required.
(d)
The arrangement of building groups, other than single-family
residences and their architectural character.
(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 development capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating: the approximate date when
construction of the project can be expected to begin; the stages in
which the project will be built and the approximate date when construction
of each stage can be expected to begin; the anticipated rate of development;
the approximate date when the development of each of the stages will
be completed; and 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 Planned Unit Development and any of its common services, common
open areas or other facilities.
(n)
Any other plans, documents, or schedules requested by the Plan
Commission.
(4)
Approval of the specific implementation plan.
(a)
Following a review of the specific implementation plan, the
Plan Commission shall recommend to the Village Board that they be
approved as submitted, approved with modifications, or disapproved.
(b)
Upon receipt of the Plan Commission recommendation, the Village
Board may approve the plan and authorize the development to proceed
accordingly, or disapprove the plan.
(c)
In the event of approval of the Specific Implementation Plan,
the building, site and operational plans for the development, as approved,
as well as all other commitments and contractual agreements with the
Village offered or 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 official submittal
plans, shall be recorded in the Dane County Register of Deeds office
by the developer within a reasonable period of time as determined
by the Village Board. This shall be accomplished prior to the issuance
of any building permit.
(d)
Any subsequent change or addition to the plans or use shall
first be submitted for approval to the Plan Commission and if, in
the opinion of the Plan Commission, such change or addition constitutes
a substantial alteration of the original plan, the procedure provided
in this section shall be repeated.
[Added 9-11-2002 by Ord. No. A-166]
A.
Purpose and authority. The residents of the Village of Blue Mounds depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village of Blue Mounds. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a) and (c). Under these statutes, the Village has the authority to enact this chapter, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources. This § 385-24 of the Village Code may be referred to as the "Wellhead Protection Ordinance."
(1)
Application of regulations. The regulations specified in this section
shall apply only to lands within 1,500 feet of the Blue Mounds municipal
wells (cones of depression) or within the five-year time of travel
(TOT) of these wells and which also lie within the Village of Blue
Mounds corporate limits.
(2)
AQUIFER
CONE OF DEPRESSION
FIVE-YEAR TIME OF TRAVEL (TOT)
RECHARGE AREA
WELL FIELD
Definitions. The following definitions shall apply to this section:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
The area around a well, in which the water level has been
lowered at least 1/10 of a foot by pumping of the well. The Wisconsin
Geological and Natural History Survey identified the cone of depression
to be a radius of 1,422 feet. For ease of determination, the cone
of depression or Groundwater Protection Overlay District A has been
established as being 1,500 feet from the Blue Mounds wells.
The recharge area upgradient of the cone of depression, the
outer boundary of which it is determined or estimated that groundwater
and potential contaminants will take five years to reach a pumping
well. The five-year TOT for the Blue Mounds well fields is established
based on flow path modeling contained in the report entitled "Blue
Mounds Wisconsin Case Study: Wellhead Protection Programs and Monitoring
System Design." Note: The report "Blue Mounds Wisconsin Case Study:
Wellhead Protection Programs and Monitoring System Design" is available
from the Village Clerk/Treasurer.
The area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
B.
Groundwater Protection Overlay District A - cones of depression.
(1)
Intent. The primary portion of the Blue Mounds recharge area to be
protected is the land within 1,500 feet of the Blue Mounds wells,
known as Wells 4, 5, 6, 7, 8, 9 and 10, as shown on the attached map.
These lands are subject to the most stringent land use and development
restrictions because of close proximity to the wells and the corresponding
high threat of contamination.
(2)
Permitted uses. The following uses are permitted uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection B(3) below are to be considered prohibited uses.
(a)
Parks and playgrounds, provided there are no on-site waste disposal
or fuel storage tank facilities;
(b)
Wildlife areas;
(c)
Nonmotorized trails, such as biking, skiing, nature and fitness
trails;
(3)
Conditional uses. The following uses are conditional uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection B(2) above are to be considered prohibited uses.
(4)
Prohibited uses. The following uses are prohibited uses within the
Groundwater Protection Overlay District A. These uses are prohibited
based on the high probability that activities routinely associated
with these uses (storage, use, and handling of potential pollutants)
will cause groundwater contamination. Uses not listed shall not be
considered permitted uses.
(a)
Underground storage tanks of any size.
(b)
Septage and/or sludge spreading.
(c)
Animal waste landspreading.
(d)
Animal waste facilities.
(e)
Animal confinement facilities.
(f)
Gas stations.
(g)
Vehicle repair establishments, including auto body repair.
(h)
Printing and duplicating businesses.
(i)
Any manufacturing or industrial businesses.
(j)
Bus or truck terminals.
(k)
Repair shops.
(l)
Landfills or waste disposal facilities.
(m)
Wastewater treatment facilities.
(n)
Spray wastewater facilities.
(o)
Junkyards or auto salvage yards.
(p)
Bulk fertilizer and/or pesticide facilities.
(q)
Asphalt products manufacturing.
(r)
Dry-cleaning businesses.
(s)
Salt storage.
(t)
Electroplating facilities.
(u)
Exterminating businesses.
(v)
Paint and coating manufacturing.
(w)
Hazardous and/or toxic materials storage.
(x)
Hazardous and/or toxic waste facilities.
(y)
Radioactive waste facilities.
(z)
Recycling facilities.
(aa)
Cemeteries.
(5)
Where any of the uses listed in Subsection B(4) above exist within Groundwater Protection Overlay District A on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and appropriate permit issued by the Village, prior to any work being initiated. Expansion of the prohibited use will not be allowed.
C.
Administration and enforcement. This section shall be administered and enforced in accordance with procedures set forth in this Chapter 385, including but not limited to §§ 385-50 through 385-58. In addition to any other enforcement, legal or equitable remedies the Village may have, a violation of this section shall be subject to § 385-58.
A.
Purpose. The development and execution of this chapter is based upon
the division of the Village into districts, within which districts
the use of land and buildings and the bulk and location of buildings
and structures in relation to the land are substantially uniform.
It is recognized, however, that there are certain uses which, because
of their unique characteristics, cannot be properly classified in
any particular district or districts, without consideration, in each
case, of the impact of those uses upon neighboring land and of the
public need for the particular use at the particular location. Such
conditional uses are publicly operated or traditionally affected with
a public interest; or are uses entirely private in character, but
of a nature that their operation may give rise to unique problems
with respect to their impact upon neighboring property or public facilities.
B.
Initiation of conditional use. Any person having a full ownership
or title to land or a right of any extent to sole possession, or a
contractual interest which may become a freehold interest or an exclusive
possessory interest, and which interest is specifically enforceable,
may file an application to use such land for one or more of the conditional
uses provided for in this chapter in the zoning district in which
the land is located.
C.
Application for conditional use. An application for a conditional
use shall be filed with the Village Clerk/Treasurer on a form prescribed
by the Village Clerk/Treasurer. The application shall be accompanied
by plans and data and shall include a statement in writing by the
applicant and adequate evidence showing that the proposed conditional
use will conform to the standards set forth in this chapter. Such
application shall be forwarded from the Zoning Administrator to the
Plan Commission and Village Board. Following review and recommendation
by the Plan Commission, the Village Board shall conduct a public hearing
and act upon the applicant's request.
D.
Hearing on application. Upon receipt in proper form of the application
and statement and recommendation of the Plan Commission, the Village
Board shall hold at least one public hearing on the proposed conditional
use. At least 10 days in advance of such public hearing, notice of
time and place of such hearing shall be published at least two times
in a newspaper of general circulation in the Village. Supplemental
or additional notices may be published or distributed as the Plan
Commission and/or Village Board may prescribe.
E.
Authorization. For each application for a conditional use, the Plan
Commission shall report to the Village Board its findings and recommendations,
including the stipulations of additional conditions and guarantees
that such conditions will be complied with when they are deemed necessary
for the protection of the public interest. If an application for a
proposed conditional use is not acted upon finally by the Village
Board within 90 days of the date upon which such application is received
by the Board, it shall be deemed to have been denied.
F.
Standards. No conditional use shall be recommended by the Village
Plan Commission unless the Commission shall find:
(1)
That the establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort, or general welfare;
(2)
That the conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood;
(3)
That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district;
(4)
That adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets; and
(6)
That the conditional use shall, in all other respects, conform to
the applicable regulations of the district in which it is located,
except as such regulations may, in each instance, be modified by the
Village Board pursuant to the recommendations of the Plan Commission.
G.
Conditions and guarantees. Prior to the granting of any conditional
use, the Village Plan Commission may recommend, and the Village Board
may attach, such conditions and restrictions upon the establishment,
location, construction, maintenance, and operation of the conditional
use as they deemed necessary for the protection of the public interest
and to secure compliance with the standards and requirements specified
in this section. In all cases in which conditional uses are granted,
the Village Board may require such evidence and guarantees as it deems
necessary as proof that the applicant will comply with any conditions
of approval. Conditional use permits may be revoked by the Zoning
Administrator, provided the Zoning Administrator has forwarded notice
of noncompliance to the property owner and has failed to comply within
20 days.
[Amended 3-11-2009 by Ord. No. A-199.2; 4-8-2015 by Ord. No. A-228]
H.
Effect of denial of a conditional use. No application for a conditional
use which has been denied wholly or in part by the Village Board shall
be resubmitted for a period of one year from the date of said order
of denial, except on the grounds of new evidence or proof of change
of conditions found to be valid by the Village Plan Commission and
Village Board.
I.
Revocation. In any case where a conditional use has not been established
within one year after the date of granting thereof, then, without
further action by the Plan Commission or the Village Board, the conditional
use or authorization shall be null and void.
J.
Limited conditional uses. Limited conditional uses are the same as regular conditional uses except that due to the nature of the proposed use, periodic review is needed to ensure that the conditional use conforms to the standards for approving proposed conditional uses under § 385-25F. The duration or term of a limited conditional use may be established as a time certain or be limited to a future happening or event at which time the same shall terminate unless renewed by the Village Board.
[Added 3-11-2009 by Ord. No. A-199.2; amended 4-8-2015 by Ord. No. A-228]
K.
Fee. The fee for a conditional use permit and renewal permit shall
be as determined by resolution of the Village Board and posted in
the office of the Village Clerk/Treasurer.[1]
[Added 3-11-2009 by Ord. No. A-199.2]
[1]
Editor's Note: Original Subsection (10), Penalties, which
immediately followed this subsection, was repealed 5-14-2014 by Ord.
No. A-221.
