For the purpose of this chapter, the Village of Fredonia is hereby divided into the following zoning districts:
A-1
General Agricultural/Holding District
RS-1
Single-Family Residential District
RS-2
Single-Family Residential District
RS-3
Single-Family Residential District
RS-4
Large Lot Single-Family Residential District
RS-5
Estate Single-Family Residential District
RD-1
Two-Family Residential District
RD-2
Two-Family Residential District
RD-3
Single-Family Attached Residential District
RM-1
Multiple-Family Residential District
RM-2
Multiple-Family Residential District
B-1
Central Business District
B-2
Community Business District
B-3
Commercial Business Design District
M-1
Limited Manufacturing District
M-2
General Manufacturing District
M-3
Corporate Business and Light Manufacturing District
I-1
Institutional District
P-1
Park District
C-1
Conservancy
A. 
Boundaries of the C-1 Conservancy District were determined from use of the Wisconsin Wetland Inventory Map for the Village of Fredonia dated February 17, 1986, and stamped "FINAL," and include, but are not limited to, all shoreland wetlands five acres or greater in area shown on those maps. Section 61.351. Wis. Stats., requires that all shoreland wetlands five acres or greater in area be protected by the Village.
B. 
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.
C. 
Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 General Agricultural/Holding District, unless the annexation ordinance temporarily places the land in another district. Within one year, the Village Planning Commission shall evaluate and recommend a permanent classification to the then Village Board. Annexations of shoreland shall comply with Chapter 473, Shoreland Zoning, of the Village of Fredonia Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
Certified copies of the Zoning Map shall be adopted and approved with the text as part of the chapter and shall be available to the public in the office of the Village Clerk.
A. 
Purpose. The A-1 General Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.
B. 
Permitted uses.
(1) 
General farming, including agricultural, dairying, floriculture, forestry, grazing, hay, orchards, truck farming, and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards, and feed lots shall not be located in a floodland and shall be at least 100 feet from any navigable water or district boundary.
(2) 
Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises and subject to the following limitations:
(a) 
The keeping and raising of hogs or fur-bearing animals is prohibited.
(b) 
Not more than one head of livestock or 20 head of poultry shall be permitted for each 2 1/2 acres.
(3) 
One single-family dwelling per operational farm.
(4) 
Existing dwellings not accessory to any farm operation or dwelling remaining after consolidation of farms.
(5) 
Single-family dwelling on a substandard lot as provided in Article V.
C. 
Permitted accessory uses.
(1) 
Customary accessory buildings, including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.
(2) 
Attached or detached private garages and carports accessory to permitted uses, providing that such accessory uses shall not involve the conduct of a business. (See building code for specific limitations.)
(3) 
Household occupations and professional home offices.
D. 
Conditional uses. See Article IV.
E. 
Table of detailed A-1 District standards.
Type of Standard
Standard
Minimum lot area
Farm structures(1)
5 acres (217,800 square feet)
Other(2)
40,000 square feet
Minimum lot width
Farm structures
300 feet
Other
120 feet
Minimum lot depth
125 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum setbacks and yards
Street yard
50 feet
Side yard
25 feet
Rear yard
50 feet
Maximum building height
Dwelling(3)
35 feet
Accessory structure
30 feet(4)
Minimum dwelling size
2,500 square feet
NOTES:
(1)
For any farm structures erected, moved, or structurally altered.
(2)
For any accessory farm dwelling, existing residential structures, and farm dwellings remaining after the consolidation of existing farms.
(3)
For any new farm dwelling or accessory farm dwelling constructed after the effective date of this chapter.
(4)
Except as allowed for agricultural structure exceptions under § 575-58.
A. 
Purpose. The RS-1 Residential District is intended to provide for single-family residential development at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted buildings, structures and uses.
(1) 
Single-family dwellings. On all lots platted after the effective date of this chapter, an attached garage for two but not more than three vehicles is required.
(2) 
Foster family home.
(3) 
Community living arrangements which have capacity for eight or fewer persons being served by the program.
(4) 
Essential services, provided all aboveground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Large accessory structures such as pole buildings or similar, must be approved by the Planning Commission.
[Added 3-5-2020 by Ord. No. 2020-03[1]; 9-7-2023 by Ord. No. 2023-7]
[1]
Editor's Note: This ordinance also renumbered former Subsection C(3) as C(4).
(4) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
Large accessory structures, such as pole buildings or similar.
[Added 3-5-2020 by Ord. No. 2020-03[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection C(2) as C(3).
(3) 
See Article IV.
E. 
Table of detailed RS-1 District standards.
[Amended 3-5-2020 by Ord. No. 2020-03; 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified development density
Gross density
1.786
Net density
2.232
Individual lot intensity
Maximum lot coverage
30%
Maximum floor area
35%
Minimum single-family lot area
16,000 square feet (17,000 square feet corner lot)
Individual lot dimension requirements
Minimum width at setback line
90 feet (100 feet corner lot)
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
15 feet*
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
1,500 square feet
1 1/2 story:
First floor
1,000 square feet
Total dwelling
1,500 square feet
2 story dwelling:
First floor
875 square feet
Total dwelling
1,500 square feet
Bi-level and tri-level:
At least 1 level
600 square feet
Total finished at 2 offset levels
1,500 square feet
Raised ranch:
Main floor finished area
1,500 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Large accessory structures such as pole buildings or similar
Approved by Planning Commission
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RS-2 Residential District is intended to provide for single-family residential development, at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted buildings, structures and uses.
(1) 
Single-family dwellings. On all lots platted after the effective date of this chapter, an attached garage for two but not more than three vehicles is required.
(2) 
Foster family home.
(3) 
Community-living arrangements which have capacity for eight or fewer persons being served by the program.
(4) 
Essential services, provided all above ground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
See Article IV.
E. 
Table of detailed RS-2 District standards.
[Amended 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified subdivision density
Gross density
2.485
Net density
3.106
Individual lot intensity
Maximum lot coverage
30%
Maximum floor area ratio
40%
Minimum single-family lot area
11,500 square feet (12,500 square feet corner lot)
Individual lot dimension requirements
Minimum width at setback line
85 feet (95 feet corner lot)
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
12 feet*
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
1,350 square feet
1 1/2 story
First floor
1,000 square feet
Total dwelling
1,350 square feet
2 story dwelling
First floor
875 square feet
Total dwelling
1,350 square feet
Bi-level and tri-level
At least 1 level
600 square feet
Total finished at 2 offset levels
1,350 square feet
Raised ranch
Main floor finished area
1,350 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RS-3 Residential District is intended to provide for single-family residential development, at densities not to exceed the density specified by this section, served by municipal sewer and water facilities. It is not intended that the Village will create any additional RS-3 Districts.
B. 
Permitted buildings, structures and uses.
(1) 
Single-family dwellings. On all lots platted after the effective date of this chapter, an attached garage for two but not more than three vehicles is required.
(2) 
Foster family home.
(3) 
Community-living arrangement which have capacity for eight or fewer persons served by the program.
(4) 
Essential services, provided all above ground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Two-family dwellings. On all lots platted after the effective date of this chapter, attached garages for two vehicles per dwelling unit shall be provided.
(2) 
Attached garages in excess of those allowed as permitted uses.
(3) 
See Article IV.
(4) 
Rebuild approval permit. After application and approval under § 575-83B(1)(b), a detached, rebuilt accessory structure of up to 864 square feet may occupy more than 35% of the rear yard area. For corner lots, the detached accessory structure may intrude into the side yard setback to the same extent that the existing home intrudes on the side yard setback.
[Amended 5-16-2019 by Ord. No. 2019-04; 5-6-2021 by Ord. No. 2021-2]
E. 
Table of detailed RS-3 District standards.
[Amended 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified subdivision density
Gross density
3.512
Net density
4.464
Individual lot intensity
Maximum lot coverage
35%
Maximum floor area ratio
45%
Minimum single-family lot area
8,000 square feet (9,000 square feet corner lot)
Individual lot dimension requirements
Minimum width at setback line
80 feet (90 feet corner lot)
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
8 feet
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
1,080 square feet
1 1/2 story
First floor
875 square feet
Total dwelling
1,080 square feet
2 story dwelling
First floor
875 square feet
Total dwelling
1,080 square feet
Bi-level and tri-level
At least 1 level
600 square feet
Total finished at 2 offset levels
1,080 square feet
Raised ranch
Main floor finished area
1,080 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RS-4 Large Lot Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed the density specified by this chapter, served by municipal sewer and water facilities.
B. 
Permitted buildings, structures and uses.
(1) 
Single-family dwellings. On all lots platted after the effective date of this chapter, an attached garage for two but not more than three vehicles is required.
(2) 
Foster family home.
(3) 
Community-living arrangements which have capacity for eight or fewer persons being served by the program.
(4) 
Essential services, provided all aboveground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Large accessory structures such as pole buildings or similar must be approved by the Planning Commission.
[Added 3-5-2020 by Ord. No. 2020-03[1]; amended 9-7-2023 by Ord. No. 2023-7]
[1]
Editor's Note: This ordinance also renumbered former Subsection C(3) as Subsection C(4).
(4) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
Large accessory structures such as pole buildings or similar.
[Added 3-5-2020 by Ord. No. 2020-03[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection C(2) as Subsection C(3).
(3) 
See Article IV.
E. 
Table of detailed RS-4 District standards.
[Amended 3-5-2020 by Ord. No. 2020-03; 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified subdivision density
Gross density
1.429
Net density
1.786
Individual lot intensity
Maximum lot coverage
25%
Maximum floor area ratio
30%
Minimum single-family lot area
20,000 square feet (21,500 square feet corner lot)
Individual lot dimension requirements
Minimum width at setback line
100 feet (120 feet corner lot)
Minimum lot depth
125 feet
Minimum street yard setback
35 feet
Minimum side yard setback
15 feet
Minimum rear yard setback
35 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
2,000 square feet
1 1/2 story
First floor
1,200 square feet
Total dwelling
2,000 square feet
2 story dwelling
First floor
1,200 square feet
Total dwelling
2,000 square feet
Bi-level and tri-level
At least 1 level
1,000 square feet
Total finished at 2 offset levels
2,000 square feet
Raised ranch
Main floor finished area
Not permitted
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Large accessory structures such as pole buildings or similar
Approved by Planning Commission
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
A. 
Purpose. The RS-5 Estate Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted buildings, structures and uses.
(1) 
Single-family dwellings. On all lots platted after the effective date of this chapter, an attached garage for two but not more than three vehicles is required.
(2) 
Foster family home.
(3) 
Community-living arrangements which have capacity for eight or fewer persons being served by the program.
(4) 
Essential services, provided all above ground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Large accessory structures such as pole buildings or similar must be approved by the Planning Commission.
[Added 3-5-2020 by Ord. No. 2020-03[1]; 9-7-2023 by Ord. No. 2023-7]
[1]
Editor's Note: This ordinance also renumbered former Subsection C(3) as Subsection C(4).
(4) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
Large accessory structures such as pole buildings or similar.
[Added 3-5-2020 by Ord. No. 2020-03[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection C(2) as Subsection C(3).
(3) 
See Article IV.
E. 
Table of detailed RS-5 District standards.
[Amended 3-5-2020 by Ord. No. 2020-03; 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified subdivision density
Gross density
0.714
Net density
0.892
Individual lot intensity
Maximum lot coverage
20%
Maximum floor area ratio
25%
Minimum single-family lot area
40,000 square feet
Individual lot dimension requirements
Minimum width at setback line
150 feet
Minimum lot depth
125 feet
Minimum street yard setback
45 feet
Minimum side yard setback
25 feet
Minimum rear yard setback
45 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
2,500 square feet
1 1/2 story
First floor
1,400 square feet
Total dwelling
2,500 square feet
2 story dwelling
First floor
1,400 square feet
Total dwelling
2,500 square feet
Bi-level and tri-level
At least 1 level
1,250 square feet
Total finished at 2 offset levels
2,500 square feet
Raised ranch
Main floor finished area
Not permitted
Maximum building height
Principal structure
40 feet
Accessory structure
15 feet
Large accessory structures such as pole buildings or similar
Approved by Planning Commission
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
A. 
Purpose. The RD-1 Residential District is intended to provide for two-family residential development at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted uses.
(1) 
Two-family dwellings. On all lots platted after the effective date of this chapter, attached garages for two vehicles per dwelling unit shall be provided.
(2) 
Foster family home in either or both units of two-family dwelling.
(3) 
Community-living arrangement which have capacity for eight or fewer persons served by the program in either or both units of a two-family dwelling structure.
(4) 
Essential services.
C. 
Permitted accessory uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
See Article IV.
E. 
Table of detailed RD-1 District standards.
[Amended 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified subdivision density
Gross density
6.478
Net density
7.900
Individual lot intensity, both dwellings combined
Maximum lot coverage
35%
Maximum floor area ratio
45%
Minimum lot area per structure
12,500 square feet
Minimum individual lot dimension requirements
Minimum width at setback line
100 feet
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
10 feet*
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size, per dwelling unit
1 story
1,200 square feet
1 1/2 story
First floor
900 square feet
Total dwelling
1,200 square feet
2 story dwelling
First floor
750 square feet
Total dwelling
1,200 square feet
Bi-level and tri-level
At least 1 level
750 square feet
Total finished at 2 offset levels
1,200 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RD-2 Residential District is intended to provide for two-family residential development on lots at densities not to exceed the density specified by this section, served by municipal sewer and water facilities. In addition, no additional lands zoned RD-2 shall be created.
B. 
Permitted uses.
(1) 
Two-family dwellings with attached garage for two vehicles per dwelling unit.
(2) 
Foster family home in either or both units of two-family dwelling.
(3) 
Community-living arrangement which have capacity for eight or fewer persons served by the program in either or both units of a two-family dwelling structure.
(4) 
Essential services.
C. 
Permitted accessory uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
Attached garages in excess of those allowed as permitted uses.
(2) 
See Article IV.
E. 
Table of detailed RD-2 District standards.
[Amended 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified development density
Gross density
9.922
Net density
12.100
Individual lot intensity, both dwellings combined
Maximum lot coverage
40%
Maximum floor area ratio
50%
Minimum lot area per structure
7,200 square feet
Individual lot dimension requirements
Minimum width at setback line
50 feet
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
6 feet*
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size
1 story
1,000 square feet
1 1/2 story
First floor
750 square feet
Total dwelling
1,000 square feet
2 story dwelling
First floor
600 square feet
Total dwelling
1,000 square feet
Bi-level and tri-level
At least 1 level
600 square feet
Total finished at 2 offset levels
1,000 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RD-3 Residential District is intended to provide for single-family attached residential development on lots at densities not to exceed the density specified by this section, served by municipal sewer and water facilities. In addition, no additional lands zoned RD-3 shall be created.
B. 
Permitted buildings, structures and uses.
(1) 
Foster family home in either or both attached units.
(2) 
Community-living arrangements which have capacity for eight or fewer persons served by the program in either or both attached units.
(3) 
Essential services.
C. 
Permitted accessory buildings, structures and uses.
(1) 
Detached garage if an existing two-car garage is attached to the principal structure. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds, gazebos and decks incidental to the residential use.
(3) 
Household occupations and professional home offices.
D. 
Conditional uses.
(1) 
See Article IV.
(2) 
Single-family attached dwellings with a two-car attached garage, provided that:
(a) 
The dwelling must share a common wall with another single-family dwelling on the adjoining lot which must be located in the same zoning district.
(b) 
The dwelling shall not share a common wall with more than one other dwelling;
(c) 
The lot must front on a public street or a private road over which there are easements to public streets, as demonstrated to the satisfaction of the Village Planning Commission.
(d) 
Both lots upon which such dwellings are constructed shall be subjected to easements, restrictions and covenants relating to matters of mutual support, insurance, repair and replacement, private grievance resolution, and such other matters as the Village Planning Commission deems appropriate, all in an instrument which must be recorded in the office of the Register of Deeds for Ozaukee County, Wisconsin in form and content satisfactory to the Village Planning Commission; and
(e) 
The use of the lot shall comply with all other restrictions of this zoning district.
E. 
Attached garages in excess of those allowed as permitted uses.
F. 
Table of detailed RD-3 District standards.
[Amended 9-7-2023 by Ord. No. 2023-7]
Type of Standard
Standard
Unified development density
Gross density
9.922
Net density
12.100
Lot intensity, both dwellings combined
Maximum lot coverage
40%
Maximum floor area ratio
50%
Minimum combined lot area
9,000 square feet (for 2 lots with attached homes)
Individual lot dimension requirements
Minimum width at setback line
50 feet
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback (attached side)
N/A
Minimum side yard setback (nonattached side)
12 feet*
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size, per dwelling unit
1,000 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Minimum side yard setback. Except for additions to or replacement of existing dwellings, then the side yard setback can be equal to or greater than the setback of the existing home, but not less than three feet, with the approval of the Planning Commission.
A. 
Purpose. The RM-1 Residential District is intended to provide for low density multiple-family residential development at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted uses.
(1) 
Multiple-family dwellings, provided that two attached garage spaces are provided for each dwelling unit.
(2) 
Foster family home unit.
(3) 
Community-living arrangement for 15 persons or less.
(4) 
Essential services.
C. 
Permitted accessory uses.
(1) 
Private garages and carports. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds incidental to the residential use; however, any accessory structure in a unified development shall conform to § 575-23F.
D. 
Conditional uses. See Article IV.
E. 
Table of detailed RM-1 District standards.
Type of Standard
Standard
Unified development density
Gross density
4.920
Net density
6.000
Individual lot intensity
Maximum lot coverage
25%
Maximum floor area ratio
35%
Minimum lot area per structure
12,500 square feet
Individual lot dimension requirements
Minimum width at setback line
100 feet
Minimum lot depth
125 feet
Minimum street yard setback
25 feet
Minimum side yard setback
20 feet
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size, per dwelling unit
1 bedroom
800 square feet
2 bedroom
900 square feet
3 bedroom
1,000 square feet
4 bedroom and above
Not permitted
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission-approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
G. 
Plans and specifications to be submitted to Planning Commission. Every building or any building hereafter erected or structurally altered for multiple-family use shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Planning Commission, which will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or traffic congestion, or otherwise endanger the public health or safety or substantially diminish or impair property values within the neighborhood.
A. 
Purpose. The RM-2 Residential District is intended to provide for higher density multiple-family residential development at densities not to exceed the density specified by this section, served by municipal sewer and water facilities.
B. 
Permitted uses.
(1) 
Multiple-family dwellings.
(2) 
Foster family home unit.
(3) 
Community-living arrangement for 15 persons or less.
(4) 
Essential services.
C. 
Permitted accessory uses.
(1) 
Private garages and carports. (See building code for specific limitations.)
(2) 
Gardening, tool and storage sheds incidental to the residential use; however, any accessory structure in a unified development shall conform to § 575-23F.
D. 
Conditional uses. See Article IV.
E. 
Table of detailed RM-2 District standards.
Type of Standard
Standard
Unified development density
Gross density
6.560
Net density
8.000
Individual lot intensity
Maximum lot coverage
25%
Maximum floor area ratio
35%
Minimum lot area per structure
11,000 square feet
Individual lot dimension requirements
Minimum width at setback line
85 feet
Minimum lot depth
125 feet
Minimum street yard setback
30 feet
Minimum side yard setback
20 feet
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling size, per dwelling unit
1 bedroom
900 square feet
2 bedroom
1,000 square feet
3 bedroom
1,100 square feet
4 bedroom and above
Not permitted
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
G. 
Plans and specifications to be submitted to Planning Commission. Every building or any building hereafter erected or structurally altered for multiple-family use shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Planning Commission, which will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or traffic congestion, or otherwise endanger the public health or safety or substantially diminish or impair property values within the neighborhood.
[Added 3-4-2021 by Ord. No. 2021-1]
A. 
Purpose. The RC-2 Residential District is intended to provide for two-family residential development with common ownership of the land, at densities not to exceed the density specified by this section, served by municipal sewer and water facilities. The residential district is intended to provide a pleasant, safe, and quiet neighborhood free from public annoyances for two-family residential dwellings.
B. 
Permitted buildings, structures and uses:
(1) 
Two-family dwellings with an attached two-car garage for each dwelling unit.
(2) 
Passive outdoor recreational land uses such as arboretums, natural areas, wildlife areas, bicycle trails, cross-country ski trails, horse trails, picnic areas, gardens, fishing areas, and similar land uses.
(3) 
Community-living arrangements which have capacity for eight or fewer persons being served by the program.
(4) 
Essential services, provided all aboveground facilities are not located in any street yard.
C. 
Permitted accessory buildings, structures and uses.
(1) 
None
D. 
Conditional uses:
(1) 
See Article IV.
E. 
Table of detailed RC-2 District standards.
Type of Standard
Standard
Unified subdivision density
Gross density
8.5
Net density
10
Individual lot intensity
Maximum lot coverage
35%
Maximum floor area ratio
45%
Minimum single-family lot area
12,000 square feet
Individual lot dimension requirements
Minimum width at setback line
85 feet
Minimum lot depth
100 feet
Minimum street yard setback
25 feet
Minimum side yard setback
12 feet
Minimum rear yard setback
25 feet
Minimum wetland setback
30 feet
Minimum shoreyard setback
75 feet
Minimum dwelling unit size
1 story
1,200 square feet
Maximum building height
Principal structure
35 feet
Accessory structure
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
A. 
Purpose. The B-1 Business District is intended to provide for the orderly continuation of the traditional central business district in the Village of Fredonia. The business activities are of a general nature and are characterized by on-street parking.
B. 
Permitted uses.
(1) 
Refer to § 575-26 for the list of uses permitted in the B-1 District.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Permitted accessory uses.
(1) 
Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises. (See building code for specific limitations.)
(2) 
Off-street parking and loading areas accessory to the principal use.
(3) 
Residential quarters for the owners, proprietor, commercial tenant, employee, or caretaker located in the same building as the business.
(4) 
Essential services.
(5) 
Solar collectors, hidden from ground view.
(6) 
Dish antennas, ground- and building-mounted, limited to 24 inches in diameter and not visible from the street.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the B-1 District[2] and § 575-52 for restrictions applicable to particular uses.
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
(3) 
Accessory dwelling units, provided there shall be a minimum floor area of 675 square feet for an efficiency apartment, 675 square feet for a one-bedroom apartment, and 795 square feet for a two-bedroom apartment.
E. 
Table of detailed B-1 District standards.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
3,600 square feet
Minimum lot width
40 feet
Minimum setbacks and yards
Street yard
No minimum required
Interior side yard setback
No minimum required; but if provided shall not be less than 8 feet
Rear yard
25 feet
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height
Principal building
35 feet
Accessory building
15 feet
Minimum floor area for principal building
1,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Design standards.
(1) 
General requirement. The architectural design of all buildings shall be subject to Planning Commission review and approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(2) 
Building materials and colors.
(a) 
Exterior building materials shall have durability. Materials such as wood, masonry, stone, stucco, glass and exterior insulation and finish system (EIFS) are permitted. Metal, aluminum and vinyl siding are not allowed as the primary exterior building material, but may be used for accents. Exceptions may be made for historical buildings.
(b) 
Exterior building colors shall be approved by the Planning Commission on a case-by-case basis.
[Amended 9-7-2023 by Ord. No. 2023-7]
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
(3) 
Roofing materials and style.
(a) 
Flat roofs are only permitted by prior Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(b) 
Visible roof materials must be standard residential roofing materials.
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
G. 
Refuse storage.
(1) 
All garbage/waste shall be within a container. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(2) 
Refuse storage areas may not be located on any street side of any principal or accessory building except by prior Planning Commission approval.
(3) 
Refuse storage shall not be considered an accessory structure but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(4) 
The size, height, location, setbacks and design of the refuse storage shall be approved by the Planning Commission.
H. 
Other outdoor storage. Other outdoor storage is not allowed.
I. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping. If the site provides for the opportunity of greenspace and landscaping, landscaping plans are subject to Planning Commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(a) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each street yard.
(b) 
Deciduous trees shall be a minimum of three-inch caliper and evergreens a minimum of six feet at time of planting.
(c) 
Efforts to protect and retain existing trees should be noted in the landscaping plan.
(d) 
It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building.
(e) 
Landscaping shall not obstruct fire department view of external fire alarms or access to the building.
(f) 
Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks.
(g) 
All trees shall be hardy, urban tolerant and disease resistant.
(h) 
The natural topography is to be used in the design and layout of the site, insofar as practical.
(i) 
All plantings must be maintained. If at any time required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage shall be as set forth under Article VII of this chapter.
J. 
Accessory buildings, structures and uses.
(1) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use.
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths.
(d) 
No accessory building or structure shall be visible from the principal street.
(2) 
Setbacks and yards. Same as for principal structure.
(3) 
Proximity to principal building. No closer than 10 feet.
(4) 
Maximum floor area as approved by site plan and architectural review. (See building code for specific limitations.)
(5) 
Maximum number as approved by site plan and architectural review. (See building code for specific limitations.)
(6) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
(7) 
For refuse storage, see Subsection G of this section.
K. 
Plans and specifications to be submitted to Planning Commission. Every building or any building hereafter erected or structurally altered for use in the central business district shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Planning Commission, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, or substantially diminish or impair property values within the Central Business District.
A. 
Purpose. The B-2 Business District is intended to provide for individual or small groups of retail and customer service establishments such as the commercial area located along State Trunk Highway 57 in the Village of Fredonia. This type of district is generally located away from the traditional central business district and provides such amenities as increased open space and off-street parking and loading facilities.
B. 
Permitted uses.
(1) 
Refer to § 575-26for the list of uses permitted in the B-2 district.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Permitted accessory uses.
(1) 
Garages for storage of vehicles used in conjunction with the operation of the business. (See building code for specific limitations.)
(2) 
Off-street parking and loading areas.
(3) 
Essential services.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the B-2 district[2] and § 575-52 for restrictions applicable to particular uses.
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
E. 
Table of detailed B-2 District standards.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
1 acre (43,560 square feet)
Minimum lot width
150 feet
Minimum lot depth
150 feet
Minimum setbacks and yards
Street yard
25 feet/10 feet greenspace
Interior side yard setback
10 feet/10 feet greenspace
Rear yard
25 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height
Principal building
35 feet
Accessory building
15 feet
Minimum floor area for principal building
Total
2,000 square feet
On 1st floor of multistory building
1,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Design standards.
(1) 
General requirements. The architectural design of all buildings shall be subject to Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(2) 
Building materials and colors.
(a) 
Exterior building materials shall have durability. Materials such as wood, masonry, stone, stucco, glass and exterior insulation and finish system (EIFS) are permitted. Metal, aluminum and vinyl siding are not allowed as the primary exterior building material, but may be used for accents.
(b) 
Exterior building colors shall be approved by the Planning Commission on a case-by-case basis.
[Amended 9-7-2023 by Ord. No. 2023-7]
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
(3) 
Roofing materials and style.
(a) 
Roofing materials are at the discretion of the Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
(b) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
(4) 
Mechanical units. All roof- and wall-mounted mechanical, electrical, communications, and service equipment must be screened from view as determined by the Planning Commission, by parapets, walls, or by other approved means.
[Amended 9-7-2023 by Ord. No. 2023-7]
G. 
Refuse storage.
(1) 
Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.
(2) 
All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(3) 
Refuse storage areas may not be located on any street side of any principal or accessory building except by prior Planning Commission approval.
(4) 
Refuse storage areas may be freestanding or attached to a principal or accessory structure.
(5) 
Refuse storage shall not be considered an accessory structure but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(6) 
The size, height, location, setbacks and design of the refuse storage shall be approved by the Planning Commission.
H. 
Other outdoor storage. Any outside storage in this district, even on a temporary basis, must be screened with a six-foot-high fence built to serve as a vision screen with a planting screen that will visually block the storage.
I. 
Sidewalks, driveways, parking and loading.
(1) 
Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.
(2) 
Sidewalks shall be a minimum of five feet wide.
(3) 
Driveways shall be provided as set forth in Article VI of this chapter.
(4) 
Loading areas shall be provided as set forth in Article VI of this chapter.
(5) 
Parking requirements shall be provided as set forth in Article VI of this chapter.
J. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping.
(a) 
Landscaping plans are subject to Planning Commission review and approval. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(b) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each street yard.
(c) 
Required trees shall be a minimum of three inches' caliper.
(d) 
Efforts to protect and retain existing trees should be noted in the landscaping plan.
(e) 
It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building, as approved by site plan and architectural review. Landscaping shall not obstruct Fire Department view or access to the building.
(f) 
The natural topography is to be used in the design and layout of the site, insofar as practical.
(g) 
All plantings must be maintained. If at any time, required trees shall die, are damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage shall be as set forth under Article VII of this chapter.
K. 
Accessory buildings, structures and uses.
(1) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use.
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths.
(d) 
No accessory building or structure shall be visible from the principal street.
(2) 
Setbacks and yards. Same as for principal structure.
(3) 
Proximity to principal building. No closer than 10 feet.
(4) 
Maximum floor area as approved by site plan and architectural review. (See building code for specific limitations.)
(5) 
Maximum number as approved by site plan and architectural review. (See building code for specific limitations.)
(6) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
(7) 
For refuse storage, see Subsection G of this section.
L. 
Plans and specifications to be submitted to Planning Commission. Every building or any building hereafter erected or structurally altered for use in the community business district shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Planning Commission, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, or substantially diminish or impair property values within the area.
A. 
Intent. The B-3 Commercial Business Design District is intended to enable the creation of large scale, well planned shopping and service facilities serving the entire Fredonia area located along State Trunk Highway 57. It is the intent here to allow for various types of developments ranging from community to regional shopping areas.
B. 
Permitted uses.
(1) 
Refer to § 575-26 for the list of uses permitted in the B-3 District.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Accessory buildings, structures and uses.
(1) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use. (See building code for specific limitations.)
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths.
(d) 
No accessory building or structure shall be visible from the principal street.
(2) 
Permitted accessory buildings, structures and uses.
(a) 
Those customarily incidental to the principal use.
(b) 
Detached garages for storage of vehicles used in conjunction with the principal use.
(c) 
Off-street parking and loading areas accessory to the principal use.
(d) 
Solar collectors, only as a conditional use.
(e) 
Dish antennas shall be roof mounted.
(3) 
Setback. Same as for principal structure.
(4) 
Proximity to principal building. No closer than 10 feet.
(5) 
Maximum floor area. As approved by site plan and architectural review.
(6) 
Maximum number. As approved by site plan and architectural review.
(7) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the B-3 district[2] and § 575-52 for restrictions applicable to particular uses.
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
E. 
Table of detailed B-3 District standards for non-satellite lots.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
3 acres (130,680 square feet)
Minimum lot width
250 feet
Minimum lot depth
250 feet
Minimum setbacks and yards
Street yard
100 feet/40 feet greenspace
Interior side yard setback
40 feet/15 feet greenspace
Rear yard
100 feet/20 feet greenspace
From satellite lot
40 feet/20 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Maximum floor area ratio
40%
Building size
Maximum height:
Principal building
45 feet
Accessory building
15 feet
Minimum floor area for principal building:
Total
5,000 square feet
On 1st floor of multistory building
2,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Satellite lot dimensional requirements.
(1) 
Table of detailed B-3 District standards for satellite lots.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size of confined leasable area
1.5 acres (65,340 square feet)
Minimum lot width
150 feet
Minimum lot depth
150 feet
Minimum setbacks and yards
Minimum street yard setback (yard facing the public right-of-way, although access to the satellite lot may be through the unified center)
25 feet/25 feet greenspace
Interior side yard setback
10 feet/10 feet greenspace
Rear yard
10 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Maximum floor area ratio
30%
Building size
Maximum height:
Principal building
30 feet
Accessory building
None allowed
Minimum floor area
2,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
(2) 
When a single developer's agreement controls a unified commercial/retail center or business center 10 acres or more in size, a satellite lot or lots shall be permitted.
(3) 
All satellite lots in a unified commercial/retail center or business center shall not exceed 30% of the total size of the commercial/retail center or business center, including satellite lots, all controlled by a single developer's agreement.
G. 
Design standards.
(1) 
General requirement. The architectural design of all buildings shall be subject to Planning Commission review and approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(2) 
Building materials and colors.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Exterior building materials shall have durability. Materials such as masonry, stone, stucco, glass, exterior insulation and finish system (EIFS) and pre-cast walls are permitted. Metal, wood and aluminum are not allowed as the primary exterior building material, but may be used for accents with a maximum of 10% coverage. With Planning Commission approval, standard corporate and trademark materials may be allowed on the front facade only.
(b) 
Exterior building colors shall be approved by the Planning Commission on a case-by-case basis.
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
(3) 
Roofing materials and style.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Roofing materials are at the discretion of the Planning Commission.
(b) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
(4) 
Mechanical units. All roof- and wall-mounted mechanical, electrical, communications, and service equipment must be screened from public view by parapets, walls, or by other approved means.
H. 
Refuse storage.
(1) 
Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.
(2) 
All garbage/waste shall be within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(3) 
Refuse storage areas may not be located on any street side of any principal or accessory building except by prior Planning Commission approval.
(4) 
Refuse storage areas may be freestanding or attached to a principal or accessory structure.
(5) 
Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(6) 
The size, height, location, setbacks and design of the refuse storage shall be approved by the Planning Commission.
I. 
Other outdoor storage. Any outside storage in this district, even on a temporary basis, must be screened with a six-foot-high fence built to serve as a vision screen with a planting screen that will visually block the storage.
J. 
Sidewalks, driveways, parking and loading.
(1) 
Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.
(2) 
Sidewalks shall be reviewed by the Planning Commission.
(3) 
Driveways shall be provided as set forth in Article VI of this chapter.
(4) 
Loading areas shall be provided as set forth in Article VI of this chapter.
(5) 
Parking requirements shall be provided as set forth in Article VI of this chapter.
K. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping. Landscaping plans are subject to Planning Commission review and approval. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(a) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots that have minimal frontage due to the existence of satellite lots in a unified retail center arrangement, the frontage shall be considered the width of the lot measured at the frontage of the building or buildings on the lot.
(b) 
In addition to the required minimum number of trees, one additional required tree shall be planted for 8,712 square feet of total lot area (i.e., five trees per acre). One third of all such trees shall be planted in the street yard and/or in areas with the highest potential of public view.
(c) 
In addition to the required plantings in areas with the highest potential of public view, the landscaping shall be distributed throughout the site with emphasis on screening of unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks.
(d) 
Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building.
(e) 
Trees.
[1] 
Deciduous trees shall be a minimum of three-inch caliper and evergreens a minimum of six feet at a time of planting.
[2] 
All trees shall be hardy, urban-tolerant and disease-resistant.
[3] 
Efforts to protect and retain existing trees should be noted on the landscape plan.
(f) 
Landscaping shall not obstruct fire department view of external fire alarms or access to the building, and shall not obstruct vision triangles for both external or internal traffic flow.
(g) 
The natural topography shall be used in the design and layout of the site.
(h) 
All plantings must be maintained. If at any time required trees shall die, be damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage shall be as set forth under Article VII of this chapter.
(4) 
Building and parking setbacks from state controlled rights-of-way are as regulated by the Wisconsin Department of Transportation.
A. 
Purpose. The M-1 Manufacturing District is intended to provide for manufacturing, industrial, and related uses of a limited nature and size in situations where such uses are not located in basic industrial grouping and where the relative proximity to other uses requires more restrictive regulation.
B. 
Permitted uses.
(1) 
Refer to § 575-26 for the list of uses permitted in the M-1 District.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Accessory buildings, structures and uses.
(1) 
Review required. Accessory buildings, structures and uses are subject to Planning Commission review.
(2) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use, as approved by Planning Commission review. (See building code for specific limitations.)
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses, as approved by site plan and architectural review.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating, such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths.
(d) 
No accessory building or structure shall be visible from the principal street.
(3) 
Permitted accessory buildings, structures and uses.
(a) 
Those customarily incidental to the principal use.
(b) 
Garages for storage of vehicles used in conjunction with the principal use.
(c) 
Off-street parking and loading areas accessory to the principal use.
(d) 
Auxiliary power generators.
(e) 
Dish antennas, roof-mounted only, as approved by site plan and architectural review.
(4) 
Setback. Same as for principal structure.
(5) 
Proximity to principal building. No closer than 10 feet.
(6) 
Maximum floor area. As approved by Planning Commission Review.
(7) 
Maximum number. As approved by Planning Commission Review.
(8) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
(9) 
No accessory buildings or structures shall be located within the required greenspace setback or within a required parking area.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the M-1 District.[2]
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
E. 
Table of detailed M-1 District standards.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
4,800 square feet
Minimum lot width
40 feet
Minimum setbacks and yards
Street yard
25 feet/10 feet greenspace
Interior side yard setback
10 feet/10 feet greenspace
Rear yard
Abutting non-manufacturing zoned property
25 feet/25 feet greenspace
Abutting manufacturing zoned property
25 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height:
Principal building
45 feet
Accessory building
15 feet
Minimum floor area for principal building:
Total
2,000 square feet
On 1st floor of multistory building
1,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Design standards.
(1) 
General requirement. The architectural design of all buildings shall be subject to Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(2) 
Building materials and color.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Exterior building materials shall have durability. Materials such as decorative masonry, stone, metal, aggregate panels, glass, stucco and exterior insulation and finish system (EIFS) are permitted. Vinyl and aluminum siding are not permitted. The requirement for decorative masonry shall be a minimum of 50% of the gross area of the wall with the greatest square footage. This decorative masonry can be applied on any or all facades of the building with the discretion and approval of the Planning Commission. The Planning Commission has the discretion to approve other aesthetic installation (such as planting) in place of the 50% decorative masonry, or to leave off the masonry if the Planning Commission determines that it makes no sense aesthetically.
[1] 
The gross area of the wall will be figured including all openings such as doors, windows, porches, etc.
[2] 
This amended ordinance (adopted on August 18, 2011) will apply to new construction only.
(b) 
Exterior building colors shall be approved by the Planning Commission on a case-by-case basis.
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
(3) 
Roofing materials and style.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Roofing materials are at the discretion of the Planning Commission.
(b) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
(4) 
Mechanical units. All roof- and wall-mounted mechanical, electrical, communications, and service equipment must be screened from front street view by parapets, walls, or by other approved means.
G. 
Refuse storage.
(1) 
Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.
(2) 
All garbage/waste shall be in a container within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(3) 
Refuse storage areas may not be located on any street side of a principal building except by prior Planning Commission approval.
(4) 
Refuse storage areas may be freestanding or attached to a principal or accessory structure.
(5) 
Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(6) 
The size, height, location, setbacks and design of refuse storage shall be approved by the Planning Commission.
H. 
Other outdoor storage. Other outdoor storage is not allowed.
I. 
Sidewalks, driveways, parking and loading.
(1) 
Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.
(2) 
Sidewalks shall be a maximum of six feet wide.
(3) 
Driveways shall be provided as set forth in Article VI of this chapter.
(4) 
Loading areas shall be provided as set forth in Article VI of this chapter.
(5) 
Parking Requirements shall be provided as set forth in Article VI of this chapter.
J. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping. Landscaping plans are subject to Planning Commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(a) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each street yard.
(b) 
Deciduous trees shall be a minimum of three-inch caliper and evergreens a minimum of six feet at time of planting.
(c) 
Efforts to protect and retain existing trees should be noted in the landscaping plan.
(d) 
It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building.
(e) 
Landscaping shall not obstruct fire department view of external fire alarms or access to the building.
(f) 
Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks.
(g) 
All trees shall be hardy, urban tolerant and disease resistant.
(h) 
The natural topography shall be used in the design and layout of the site.
(i) 
All plantings must be maintained. If at any time required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage shall be as set forth under Article VII of this chapter.
(4) 
Building and parking setbacks from state controlled rights-of-way are as regulated by the Wisconsin Department of Transportation.
K. 
Plans and specifications to be submitted to Planning Commission. To encourage an industrial use environment that is compatible with the residential character of the Village, zoning permits for permitted uses in industrial districts shall not be issued without review and approval of the Planning Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscape plans.
A. 
Purpose. The M-2 Manufacturing District is intended to provide for manufacturing and industrial development of a more general and less-restrictive nature than the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not normally abut directly upon residential districts.
B. 
Permitted uses.
(1) 
Refer to § 575-26 for the list of uses permitted in the M-2 District.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Accessory buildings, structures and uses.
(1) 
Review required. Accessory buildings, structures and uses are subject to site plan and architectural review.
(2) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use, as approved by site plan and architectural review.
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses, as approved by site plan and architectural review.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating, such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths, as approved by site plan and architectural review.
(d) 
Accessory building or structure shall be designed in the same architectural style as the principal building or buildings on the same lot.
(3) 
Permitted accessory buildings, structures and uses.
(a) 
Those customarily incidental to the principal use.
(b) 
Garages for storage of vehicles used in conjunction with the principal use.
(c) 
Off-street parking and loading areas accessory to the principal use.
(d) 
Auxiliary power generators.
(e) 
Dish antennas, roof-mounted only, as approved by site plan and architectural review.
(4) 
Setback. Same as for principal structure.
(5) 
Proximity to principal building. No closer than 10 feet.
(6) 
Maximum floor area. As approved by site plan and architectural review.
(7) 
Maximum number: As approved by site plan and architectural review.
(8) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
(9) 
No accessory buildings or structures shall be located within the required greenspace setback or within a required parking area.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the M-2 district.[2]
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
E. 
Table of detailed M-2 District standards.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
20,000 square feet
Minimum lot width
90 feet
Minimum setbacks and yards
Street yard
25 feet/10 feet greenspace
Interior side yard setback
25 feet/10 feet greenspace
Minimum rear yard
25 feet/10 feet greenspace
Rear yard
Abutting non-manufacturing zoned property
25 feet/25 feet greenspace
Abutting manufacturing zoned property
25 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height:
Principal building
60 feet
Accessory building
15 feet
Minimum floor area for principal building:
Total
5,000 square feet
On 1st floor of multistory building
2,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Design standards.
(1) 
General requirement. The architectural design of all buildings shall be subject to Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(2) 
Building materials and color.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Exterior building materials shall have durability. Materials such as decorative masonry, stone, metal, aggregate panels, glass, stucco and exterior insulation and finish system (EIFS) are permitted. Vinyl is not permitted. The requirement for decorative masonry shall be a minimum of 50% of the gross area of the wall with the greatest square footage. This decorative masonry can be applied on any or all facades of the building with the discretion and approval of the Planning Commission. The Planning Commission has the discretion to approve other aesthetic installation (such as planting) in place of the 50% decorative masonry, or to leave off the masonry if the Planning Commission determines that it makes no sense aesthetically.
[1] 
The gross area of the wall will be figured including all openings such as doors, windows, porches, etc.
[2] 
This amended ordinance (adopted on August 18, 2011) will apply to new construction only.
(b) 
Exterior building colors shall be approved by the Planning Commission on a case-by-case basis.
(c) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
(3) 
Roofing materials and style.
[Amended 9-7-2023 by Ord. No. 2023-7]
(a) 
Roofing materials are at the discretion of the Planning Commission.
(b) 
Samples must be provided to the Planning Commission and shall be retained by the Planning Commission.
G. 
Refuse storage.
(1) 
Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.
(2) 
All garbage/waste shall be in a container within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(3) 
Refuse storage areas may not be located on any street side of a principal building except by prior Planning Commission approval.
(4) 
Refuse storage areas may be freestanding or attached to a principal or accessory structure.
(5) 
Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(6) 
The size, height, location, setbacks and design of refuse storage shall be approved by the Planning Commission.
H. 
Other outdoor storage. Other outdoor storage is only permitted as a conditional use with prior review and approval of the Planning Commission.
I. 
Sidewalks, driveways, parking and loading.
(1) 
Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.
(2) 
Sidewalks shall be a maximum of six feet wide.
(3) 
Driveways shall be provided as set forth in Article VI of this chapter.
(4) 
Loading areas shall be provided as set forth in Article VI of this chapter.
(5) 
Parking requirements shall be provided as set forth in Article VI of this chapter.
J. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping. Landscaping plans are subject to Planning Commission review and approval subject to the following minimum standards. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(a) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots with 100 feet or less of road frontage; a minimum of five trees shall be planted or retained. A minimum of two trees are to be planted or retained in each street yard.
(b) 
Deciduous trees shall be a minimum of three-inch caliper and evergreens a minimum of six feet at time of planting.
(c) 
Efforts to protect and retain existing trees should be noted in the landscaping plan.
(d) 
It is expected that all landscaping shall be appropriately distributed on the site. Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building.
(e) 
Landscaping shall not obstruct fire department view of external fire alarms or access to the building.
(f) 
Landscaping shall be used to screen unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks.
(g) 
All trees shall be hardy, urban-tolerant and disease-resistant.
(h) 
The natural topography shall be used in the design and layout of the site.
(i) 
All plantings must be maintained. If at any time required trees die, be damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage shall be as set forth under Article VII of this chapter.
K. 
Plans and specifications to be submitted to Planning Commission. To encourage an industrial use environment that is compatible with the residential character of the Village, zoning permits for permitted uses in industrial districts shall not be issued without review and approval of the Planning Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscape plans.
A. 
Purpose. The M-3 Corporate Business and Light Manufacturing Development District is intended to provide for the development of an attractive and aesthetic mixed grouping of offices, corporate headquarters, medical facilities, limited light industrial uses, and limited support facilities in a park-like setting that will fit harmoniously into surrounding areas and provide lasting quality.
B. 
Permitted uses.
(1) 
Refer to § 575-26 for the list of uses permitted in the M-3 district.[1]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
C. 
Accessory buildings, structures and uses.
(1) 
Limitations.
(a) 
Accessory structures and uses are limited to those customarily incidental to the approved principal use.
(b) 
No more than 20% of the total floor area (principal building and accessory building gross floor area) shall be used for accessory uses.
(c) 
Accessory buildings and structures may only be located in rear yards, with the exception of those typically used for landscaping and decorating such as flagpoles, ornamental light standards, lawn furniture, sundials and birdbaths.
(d) 
No accessory building or structure shall be visible from the principal street.
(2) 
Permitted accessory buildings, structures and uses.
(a) 
Those customarily incidental to the principal use.
(b) 
Detached garages for storage of vehicles used in conjunction with the principal use.
(c) 
Off-street parking and loading areas accessory to the principal use.
(d) 
Auxiliary power generators.
(e) 
Solar collectors, only as a conditional use.
(f) 
Dish antennas, rear yard and roof-mounted.
(3) 
Setback. Same as for principal structure.
(4) 
Proximity to principal building. No closer than 10 feet.
(5) 
Maximum floor area. As approved by the Planning Commission.
(6) 
Maximum number. As approved by the Planning Commission.
(7) 
Total coverage of all accessory structures. Not more than 20% of rear yard area.
(8) 
Satellite dish antennas on non-satellite lots. In addition to the requirements listed above, all satellite dish antennas, whether or not a permit is required under Article VIII, are subject to the following:
(a) 
Satellite dish antennas shall be ground-mounted and need Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(b) 
Multiple satellite dishes are permitted, subject to proper screening from visibility from street view.
(c) 
Satellite dish antennas shall be located no closer than five feet to any alley lot line.
(d) 
Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties.
(9) 
Satellite dish antennas on satellite lots. In addition to the requirements listed above, all satellite dish antennas, whether or not a permit is required under Article VIII, are subject to the following:
(a) 
Satellite dish antennas need Planning Commission approval.
[Amended 9-7-2023 by Ord. No. 2023-7]
(b) 
Only one satellite dish antenna is allowed and is subject to proper screening from visibility. Additional satellite dish antennas may be allowed with a conditional use permit.
(c) 
Satellite dish antennas shall be located in the rear yard.
(d) 
Satellite dish antennas shall be located no closer than five feet to any alley lot line.
(e) 
Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be made of corrosive-resistant materials, and must not interfere with reception on adjacent properties.
D. 
Conditional uses.
(1) 
Refer to § 575-26 for the list of conditional uses in the M-3 district.[2]
[2]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
(2) 
Similar uses, provided approval is obtained under § 575-111.
E. 
Table of detailed M-3 District standards for non-satellite lots.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size
3 acres (130,680 square feet)
Minimum lot width
200 feet
Minimum lot depth
200 feet
Minimum setbacks and yards
Street yard
60 feet/40 feet greenspace
Interior side yard setback
Greater of 50% of building height or 20 feet/20 feet greenspace
Rear yard
60 feet/20 feet greenspace
Abutting non-manufacturing zoned property
25 feet/25 feet greenspace
Abutting manufacturing zoned property
25 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height
Principal building
60 feet
Accessory building
15 feet
Minimum floor area for principal building
Total
5,000 square feet
On 1st floor of multistory building
2,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
F. 
Satellite lot dimensional requirements.
(1) 
Table of detailed M-3 District standards for satellite lots.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size or confined leasable area
1.5 acres (65, 340 square feet)
Minimum lot width
150 feet
Minimum lot depth
150 feet
Minimum setbacks and yards
Street yard*
25 feet/25 feet greenspace
Interior side yard setback
10 feet/10 feet greenspace
Rear yard
10 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Building size
Maximum height:
Principal building
30 feet
Accessory building
None allowed
Minimum floor area for principal building:
Total
2,000 square feet
On 1st floor of multistory building
1,000 square feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
*
Yard facing the public right-of-way, although access to satellite lot may be internal through the unified business center.
(2) 
A unified business center 10 acres or more and all controlled by a single developer's agreement shall permit a satellite lot or lots.
(3) 
All satellite lots in a unified business center shall not exceed 30% of the total size of the commercial/retail center or business center, including satellite lots, all controlled by a single developer's agreement.
G. 
Design standards.
(1) 
General requirements. The architectural design of all buildings shall be subject to Architectural Control Board approval.
(2) 
Building materials and colors.
(a) 
Exterior building materials shall have durability. All four sides of the building must use the same materials. Materials such as masonry, stone, stucco, glass, exterior insulation and finish system (EIFS) and pre-cast walls are permitted. Metal and aluminum are not allowed as the primary exterior building material, but may be used for accents with a maximum of 10% coverage. Wood is not permitted.
(b) 
Exterior building colors shall be approved by the Architectural Control Board on a case-by-case basis.
(c) 
Samples must be provided to the Architectural Control Board and shall be retained by the Architectural Control Board.
(3) 
Roofing materials and style.
(a) 
Roofing materials are at the discretion of the Architectural Control Board.
(b) 
Samples must be provided to the Architectural Control Board and shall be retained by the Architectural Control Board.
(4) 
Mechanical units. All roof- and wall-mounted mechanical, electrical, communications other than satellite dishes, and service equipment must be screened from public view by parapets, walls, or by other approved means.
H. 
Refuse storage.
(1) 
Trash dumpsters shall be screened from public rights-of-way and adjacent property by an enclosure with walls a minimum of six feet in height. The walls shall be compatible with materials used on the street side of the principal building. Access gates shall be constructed of woven wire fencing with opaque screening material. It is preferred that a screened pedestrian entrance be provided such that waste may be deposited without opening the large access gates.
(2) 
All garbage/waste shall be in a container within an enclosure. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids.
(3) 
Refuse storage areas may not be located on any street side of any principal or accessory building except by prior Planning Commission approval.
(4) 
Refuse storage areas may be freestanding or attached to a principal or accessory structure.
(5) 
Refuse storage shall not be considered an accessory structure, but shall be of a size to adequately store all refuse and recyclables anticipated to be generated by use or uses on subject property.
(6) 
The size, height, location, setbacks and design of the refuse storage shall be approved by the Planning Commission.
I. 
Other outdoor storage. Other outdoor storage is only permitted as a conditional use with prior review and approval of the Planning Commission.
J. 
Sidewalks, driveways, parking and loading.
(1) 
Parking areas shall not encroach into required greenspace, nor shall driveways or sidewalks, except to pass through this area as close to 90° to the roadway as practical.
(2) 
Sidewalks shall be reviewed by the Planning Commission.
(3) 
Driveways shall be provided as set forth in Article VI of this chapter.
(4) 
Loading areas shall be provided as set forth in Article VI of this chapter.
(5) 
Parking requirements shall be provided as set forth in Article VI of this chapter.
K. 
General development requirements.
(1) 
Site plan approval required for certificate of occupancy.
(a) 
No certificate of occupancy shall be granted until all improvements shown on a Planning Commission approved site plan and landscape plan have been completed in accordance therewith. The Building Inspector may issue a temporary certificate of occupancy bearing an expiration date if he finds that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to the completion will involve no health or safety hazard. Before obtaining a temporary certificate of occupancy the property owner shall post a surety to the Village of Fredonia in double the sum estimated by the Building Inspector to be needed to complete all required improvements.
(b) 
Acceptance of a temporary certificate of occupancy implies consent to application of the bond money for completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the Village regarding any required improvements shall serve to extend the time of validity of any temporary certificate of occupancy.
(c) 
A temporary certificate of occupancy may, however, be extended in time by the Building Inspector, and from time to time for good cause shown, and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.
(d) 
Should landscaping not be completed within nine months of occupancy, or if landscape materials that do not survive one full growing season are not replaced, the Village shall draw upon the letter of credit as funds to complete or replace landscaping.
(2) 
Landscaping. Landscaping plans are subject to Planning Commission review and approval. Any alteration to that plan shall be subject to further Planning Commission review and approval.
(a) 
The minimum number of trees on a site shall be calculated based on the principal street frontage; one tree is required for each 20 feet. For lots that have minimal frontage due to the existence of satellite lots in a unified retail center arrangement, the frontage shall be considered the width of the lot measured at the frontage of the building or buildings on the lot.
(b) 
In addition to the required minimum number of trees, one additional required tree shall be planted for 8,712 square feet of total lot area (i.e., five trees per acre). One third of all such trees shall be planted in the street yard and/or in areas with the highest potential of public view.
(c) 
In addition to the required plantings in areas with the highest potential of public view, the landscaping shall be distributed throughout the site with emphasis on screening of unsightly site elements, such as refuse enclosures, utility boxes, building mechanical equipment and service doors and loading docks.
(d) 
Additional plantings of trees (deciduous and evergreen), ornamental trees and shrubs above the minimum required herein shall be planted consistent with the aesthetic style of the building.
(e) 
Trees.
[1] 
Deciduous trees shall be a minimum of three-inch caliper and evergreens a minimum of six feet at a time of planting.
[2] 
All trees shall be hardy, urban tolerant and disease resistant.
[3] 
Efforts to protect and retain existing trees should be noted on the landscape plan.
(f) 
Landscaping shall not obstruct fire department view of external fire alarms or access to the building, and shall not obstruct vision triangles for both external or internal traffic flow.
(g) 
The natural topography shall be used in the design and layout of the site.
(h) 
All plantings must be maintained. If at any time required trees shall die, be damaged or destroyed, such trees must be replaced in the original approximate location.
(3) 
Signage requirements. In addition to the requirements set forth in Article VII of this chapter, the following restrictions apply:
(a) 
Projecting signs, roof signs, window signs, neon signs, and post-mounted signs are prohibited.
(b) 
Only wall signs and ground-mounted (monument) signs are permitted.
(c) 
Directional signs are permitted only by prior Planning Commission approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d) 
Sign text is limited to the names of the building owner, occupants, and product or occupation.
L. 
Plans and specifications to be submitted to Planning Commission. To encourage an industrial use environment that is compatible with the residential character of the Village, zoning permits for permitted uses in industrial districts shall not be issued without review and approval of the Planning Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscape plans.
A. 
Purpose. The I-1 Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.
B. 
Permitted uses.
(1) 
Public or private schools, colleges, and universities.
(2) 
Churches.
(3) 
Hospitals, sanitariums, nursing homes, and clinics.
(4) 
Libraries, museums, and art galleries.
(5) 
Public administrative offices, and public service buildings, including fire and police stations.
(6) 
Public utility offices.
(7) 
Water storage tanks and towers.
C. 
Permitted accessory uses.
(1) 
Residential quarters for caretakers or clergy.
(2) 
Garages for storage of vehicles used in conjunction with the operation of a permitted use.
(3) 
Off-street parking and loading areas.
(4) 
Service buildings and facilities normally accessory to the permitted uses.
D. 
Table of detailed I-1 District standards.
Type of Standard
Standard
Lot dimension requirements
Minimum lot size or confined leasable area
11,000 square feet
Minimum lot width
70 feet
Minimum setbacks and yards
Street yard
25 feet/25 feet greenspace
Interior side yard setback
10 feet/10 feet greenspace
Rear yard
25 feet/10 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Maximum building height
Principal building
35 feet
Accessory building
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
E. 
Plans and specifications to be submitted to Planning Commission. Every building or any building hereafter erected or structurally altered for institutional uses shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Planning Commission, who will approve said plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety, or substantially diminish or impair property values within the neighborhood.
A. 
Purpose. The P-1 Park District is used to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met without undue disturbance of natural resources and adjacent uses.
B. 
Permitted uses.
(1) 
Amphitheaters.
(2) 
Amusement parks.
(3) 
Aquariums.
(4) 
Arenas and field houses.
(5) 
Art galleries.
(6) 
Auditoriums.
(7) 
Boat rentals and boat access sites.
(8) 
Botanical gardens and arboretums.
(9) 
Dude ranches.
(10) 
Exhibition halls.
(11) 
Fairgrounds.
(12) 
Forest reserves (wilderness areas).
(13) 
Forest reserves (wilderness refuges).
(14) 
General resorts.
(15) 
Golf courses with or without country club facilities.
(16) 
Golf driving ranges.
(17) 
Gymnasiums and athletic clubs.
(18) 
Health resorts.
(19) 
Historic and monument sites.
(20) 
Hunting and fishing clubs.
(21) 
Ice skating.
(22) 
Legitimate theaters.
(23) 
Libraries.
(24) 
Miniature golf.
(25) 
Motion-picture theaters.
(26) 
Museums.
(27) 
Parks – general recreation.
(28) 
Parks – leisure and ornamental.
(29) 
Picnicking areas.
(30) 
Planetaria.
(31) 
Play lots or tot lots.
(32) 
Playfields or athletic fields.
(33) 
Playgrounds.
(34) 
Recreation centers.
(35) 
Roller skating.
(36) 
Skiing and tobogganing.
(37) 
Ski resort.
(38) 
Stadiums.
(39) 
Swimming beaches.
(40) 
Swimming pools.
(41) 
Tennis courts.
(42) 
Zoos.
C. 
Permitted accessory uses. Buildings accessory to the permitted recreational use.
D. 
Conditional uses. See Article IV.
E. 
Lot area and width. Lots shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas as required by Article VI and all required yards.
F. 
Table of detailed P-1 District standards.
Type of Standard
Standard
Minimum setbacks and yards
Street yard
40 feet/10 feet greenspace
Interior side yard setback
40 feet/15 feet greenspace
Rear yard
40 feet/20 feet greenspace
Wetland setback
30 feet
Shoreyard setback
75 feet
Maximum building height
Principal building
35 feet
Accessory building
15 feet
Natural resource preservation requirements
Woodlands and forests
70%
Lakes and ponds
100%
Wetlands
100%
A. 
Purpose. The C-1 Conservancy District is intended to preserve, protect, and enhance the ponds, streams and wetlands areas of the Village of Fredonia. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; control stormwater runoff; protect stream banks from erosion, protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the Village.
B. 
Permitted uses. The following are permitted uses as a matter of right:
(1) 
Hiking, fishing, trapping, swimming, and boating, unless prohibited by other ordinances and laws.
(2) 
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, draining, dredging, ditching, tiling, or excavating.
(3) 
The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done, except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions, which would have an adverse impact on silviculture activities if not corrected.
(4) 
Construction and maintenance of fences.
(5) 
Existing agricultural uses, provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems and further provided they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
(6) 
Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.
(7) 
The construction and maintenance of piers, docks, and walkways, including those built on pilings.
(8) 
The maintenance, repair, replacement, and reconstruction of existing streets, roads, and bridges.
C. 
Conditional uses. See Article IV.
D. 
Prohibited uses.
(1) 
Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.
(2) 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable water is prohibited.
A. 
Purpose. The Village of Fredonia Comprehensive Plan identifies five contained areas having the potential for annexation to the Village accompanied by development into unique neighborhoods. Whenever annexation and/or development are proposed for any of the five areas, the requirements of this section shall become applicable. The purpose of this section for Traditional Neighborhood Development (TND) shall be:
(1) 
To continue the integrated land use style of development that has been prevalent historically in the central part of the Village, and apply it to newly developed areas.
(2) 
To create a development design that creates unified neighborhoods, with interaction between land uses, including encouraging multiple internal modes of transportation.
(3) 
To provide adequate open space and preservation of natural resources in each neighborhood.
(4) 
To avoid the segregation of land uses by creating a comprehensive land use design and proper internal and external transportation design for each neighborhood.
(5) 
To provide for a mixture of land uses as deemed desirable by the Comprehensive Plan.
(6) 
To create a review process to implement the Comprehensive Plan.
B. 
Requirements for TND.
(1) 
Whenever an annexation and/or development proposal is submitted to the Village for consideration for a parcel, lot or group of parcels or lots within the area so designated as a TND on the Village of Fredonia 2020 Land Use Plan (Map 7-3) or as amended, the proposal shall adhere to the requirements and process of this section. This TND process shall be in addition to the requirements set forth in this chapter for rezoning, or conditional use, or in the Village of Fredonia Subdivision Code.[1] Said other approval processes may occur concurrently with or separately from this TND approval process.
[1]
Editor's Note: See Ch. 500, Subdivision of Land.
(2) 
The TND boundaries shall be defined as follows:
(a) 
TND No. 1:
[1] 
North: Willow Valley Road.
[2] 
South: One-half mile south of Willow Valley Road, except for lands owned by the Northern Ozaukee School District.
[3] 
East: State Trunk Highway 57.
[4] 
West: Railroad right-of-way.
(b) 
TND No. 2:
[1] 
North: Willow Valley Road.
[2] 
South: One-half mile south of Willow Valley Road.
[3] 
East: Ultimate Village boundary.
[4] 
West: State Trunk Highway 57.
(c) 
TND No. 3:
[1] 
North: One-half mile north of County Trunk Highway A.
[2] 
South: County Trunk Highway A.
[3] 
East: Ultimate Village boundary.
[4] 
West: State Trunk Highway 57.
(d) 
TND No. 4:
[1] 
North: Meadowlark Road.
[2] 
South: One-half mile south of Meadowlark Road.
[3] 
East: Ultimate Village boundary.
[4] 
West: State Trunk Highway 57.
(e) 
TND No. 5:
[1] 
North: Meadowlark Road, excluding the industrial land use designation.
[2] 
South: Beech Lane extended.
[3] 
East: State Trunk Highway 57, excluding the industrial land use designation.
[4] 
West: Railroad right-of-way.
C. 
Process. The following shall be the process for the approval of the TND:
(1) 
A petition shall be filed with the Village Clerk together with payment of a filing fee in accordance with the Village Board's adopted Schedule of Fees.[2]
[Amended 11-17-2022 by Ord. No. 2022-6]
[2]
Editor's Note: The Schedule of Fees is filed in the Village office.
(2) 
Petitioner may be an individual property owner or a developer representing an individual property owner, or may be a combination of property owners or developer or developers representing a combination of property owners. While the five TND areas were designed as homogeneous neighborhoods with as few multiple ownerships as possible, several of the TNDs have multiple owners of parcels or lots.
(3) 
The petition shall not require the participation of all property owners within a specific TND as co-petitioners.
(4) 
Prior to petition, the petitioner shall request a pre-petition conference with applicable Village staff and may request a preliminary review of development plans by the Planning Commission. If the preliminary review occurs, the Planning Commission shall make preliminary comments without any votes.
(5) 
Petitioner shall submit all documents and plans with the petition as required below, plus any supplementary information requested by the Village to assist review and decision regarding the plan. At a minimum the submittal shall include:
(a) 
A legal description of the boundaries of the subject property included in the proposed planned unit development (PUD) and its relationship to surrounding properties.
(b) 
The location of public and private roads, driveways, sidewalks, and parking facilities.
(c) 
The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
(d) 
The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.
(e) 
The type, size, and location of all structures.
(f) 
General landscape treatment.
(g) 
Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.
(h) 
The existing and proposed location of public sanitary sewer, water supply, facilities, and stormwater drainage facilities.
(i) 
The existing and proposed location of all private utilities or other easements.
(j) 
Characteristics of soils related to contemplated specific uses.
(k) 
Existing topography on the site with contours at no greater than two-foot intervals.
(l) 
Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
(m) 
If the development is to be staged, a staging plan.
(6) 
Petitioner shall submit the names and addresses of all property owners within the TND that are not party to the petition and the names and addresses of property owners within 300 feet of the entire TND area, exclusive of any rights-of-way.
(7) 
Petitioner shall submit a detailed impact analysis in a format specified by the Village.
(8) 
Upon the Village Clerk certifying that all required and requested documents, plans and information have been submitted, the Village Clerk shall schedule a public hearing before the Planning Commission. The hearing shall be scheduled within 45 days of certification by the Village Clerk that the submittal is in order, but not any sooner than 21 days from certification.
[Amended 11-17-2022 by Ord. No. 2022-6]
(9) 
The Village Clerk shall publish a Class 2 notice to advertise the hearing, and shall notify all property owners within the TND area and within 300 feet of the TND area. Village Clerk shall also notify the Wisconsin Department of Natural Resources (Southeast District), the town board of the town the TND area is within prior to annexation, the Department of Transportation (District #2), and the Ozaukee County Highway Department if the TND area abuts a County Highway.
[Amended 11-17-2022 by Ord. No. 2022-6]
(10) 
The Planning Commission shall hold the hearing, taking all evidence presented by the petitioner, property owners, other governmental jurisdictions, and the general public.
(11) 
Within 60 days after completion of the hearing, the Planning Commission shall forward a recommendation to the Village Board, with a recommendation to deny, approve, or approve with conditions the TND plan.
(12) 
Within 45 days of Planning Commission recommendation, the Village Board shall deny, approve or approve with conditions the TND plan by ordinance. The ordinance shall be considered a detailed neighborhood plan amendment to the Comprehensive Plan.
(13) 
All time frames within this section may be extended with the written approval of the petitioner, and the mutual agreement of the Planning Commission, if at that level, or the Village Board.
D. 
TND plan design standards. The TND regulations are created to allow flexibility of design while at the same time providing continued economic development opportunities as the Village grows. Residential density standards matching the residential growth policies of the Comprehensive Plan and an appropriate mix of uses have been determined. The following are minimum design standards for TND plans.
(1) 
The TND plan shall include all lands, lots and parcels within the defined TND, regardless if all are party to or not party to the petition.
(2) 
The TND plan shall provide land uses at a percentage as stated in the Comprehensive Plan calculated at a gross acreage of the entire TND, minus any existing right-of-way. However, to allow flexibility of design, each percentage of land use category may be adjusted by a range of 20% from the Comprehensive Plan stated percentage. For example, if the land use is stated as 10% of the TND, the allowable range would be 20% of the 10% in either direction, for a range of eight to 12%. If adjustment is allowed, the Planning Commission and the Village Board shall find that the adjustment maintains the policies of the Comprehensive Plan. The adjustment shall not allow the gross acreage for two-family and multifamily to exceed the "approximate gross acres per land use" as stated in the Comprehensive Plan.
(3) 
If a TND includes an alternate land use, such as a school or church, the alternate land use site shall be subtracted from the gross area of the TND.
(4) 
All natural resource features within the TND shall be preserved. This includes, but is not limited to, 100% of wetland, streams and watercourses, 100% of archeological sites, and 70% of woodland and forests.
(5) 
A usable central open space and/or park shall be provided. The area of central open space and/or park shall be at a rate of 0.02 acres per planned number of ultimate residential dwelling units within the TND, but the site shall not be less than 5.0 acres in size.
(6) 
Stormwater management and water quality basins, wet or dry, shall not be included in the central open space area.
(7) 
All natural resource features, central open space, open space corridors, and stormwater management facilities (herein called open space total) shall be connected through open space corridors or pedestrian connections, or a combination of both, as much as feasible given site conditions. The acreage of the open space total, and stormwater management facilities, shall be equally subtracted from the land use category gross acreage. For example, if a commercial land use is required by the Comprehensive Plan to provide for 10% of the TND, then 10% of the total acreage of the open space total within the TND shall be subtracted from the required commercial acreage within the TND.
(8) 
Single-family residential land use categories listed in the Comprehensive Plan shall conform to the corresponding zoning district.
(9) 
The two-family residential land use category listed in the Comprehensive Plan shall conform to the RD-1 zoning district.
(10) 
The multifamily residential land use category listed in the Comprehensive Plan shall conform to the RM-1 zoning district.
(11) 
The commercial land use category listed in the Comprehensive Plan shall apply to either or a combination of the B-2 Community Business District or the B-3 Commercial Business Design District, in accordance with the purpose statement of each district.
(12) 
Maximum residential densities in a TND per each land use category and corresponding zoning district shall be calculated by using the net density coefficient, as specified in the respective table of detailed district standards under "unified development density." Using the net density coefficient is an enhancement to the TND to offset the subtraction of the open space total prior to calculating density.
(13) 
This section shall not allow individual lot sizes below the minimum lot size as stated in the standards of the corresponding zoning district.
(14) 
The TND plan shall be designed to create an efficient and integrated land use pattern, with an emphasis of placing the highest intensity of uses along the external highway, with vehicular and pedestrian cross access between land uses, while providing for safe access points, both externally and internally, to serve the highest intensity land uses.
(15) 
The TND plan shall equally distribute the open space total across the entire area of the TND, so that both current and potential future phases of the TND provide an equitable share of the total open space. However, the Village may establish a minimum size for individual open space sites to create usable open space areas.
(16) 
The TND plan shall include anticipated phasing and shall include provisions for future continuation of the street system to serve lands within the TND that are not part of the initial phase of development.
E. 
Criteria for approval. The Planning Commission shall use the following criteria as a basis for their recommendation to the Village Board regarding approval or denial:
(1) 
The TND plan conforms to the purposes of this section.
(2) 
The TND plan conforms to the TND plan design standards.
(3) 
The TND plan supports the development policies of the Comprehensive Plan.
(4) 
The TND plan does not create any undue hardship upon the Village to serve the potential development of the TND, per the results of a detailed impact analysis for the TND pursuant to § 500-13 of the Subdivision of Land chapter of the Village Code, or in the alternative the petitioner has agreed to provisions to mitigate any undue hardship.
F. 
Implementation of a TND plan. The following shall be the process to implement an approved TND plan:
(1) 
The ordinance approving the TND plan shall reference the last revised date of the plans and documents for the TND approved by the Village Board.
(2) 
The ordinance approving the TND plan shall indicate all conditions of approval. Conditions of approval shall reference phasing of the TND, required open space per phase, required public improvements per phase, plus other conditions to further implement the Comprehensive Plan and this chapter.
(3) 
The ordinance approving the TND plan shall adopt an amendment to the Comprehensive Plan with the TND plan being a detailed neighborhood plan as a component of the Comprehensive Plan.
(4) 
The TND plan shall not be considered zoning on the property. Either concurrent with the TND plan process or separately thereafter, prior to development of any lands within the TND, the lands, lots or parcels shall be rezoned to the corresponding zoning district as established by the TND plan. Also, any part of a land use requiring conditional use approval shall complete the conditional use process. If the zoning process occurs thereafter, separate hearings shall be held in accordance to the requirements of that process.
(5) 
The TND plan shall gain all necessary subdivision platting and certified survey map(s) approvals, in addition to approval of a developer's agreement, for each portion or phase of the TND, as deemed appropriate, prior to the development of each portion or phase of the TND.
(6) 
The Village shall negotiate required phasing within the developer's agreement to achieve the proper mix of commercial development in initial phases, if applicable, to balance the commercial/residential tax base of the TND; and to ensure that single-family construction is included in each phase when two-family and multifamily is constructed.
(7) 
The TND plan approval shall not substitute for any other approvals required prior to development on behalf of the Village, County of Ozaukee, State of Wisconsin or the United States.
(8) 
The TND plan may be amended by the Village at the petition of any property owner within the TND only after completing the process, design standards and criteria as specified by this section.
[Added 3-5-2020 by Ord. No. 2020-01]
A Planned Unit Development (PUD) Overlay District may be initiated by the Village Board, Village Planning Commission, or by petition of one or more of the owners or lessees of property within the proposed area. Planned unit development (PUD) involves one or more lots, tracts, or parcels of land to be developed as a single, themed entity, the plan for which may propose density or intensity transfers, density or intensity increases, and mixing of land uses, or any combination thereof, and which may not correspond in lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards to zoning use district requirements that are otherwise applicable to the area in which it is located. PUD permits flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes so that a growing demand for other housing and other development and land use may be met by variety in type, design, and layout of dwellings and other buildings and structures, including traditional neighborhood and urban Village development; provide flexibility in architectural design, placement, and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian facilities and parking or related site and design considerations; encourage the conservation of natural features and the preservation of open space, critical and sensitive areas, and natural hazard areas; provide for efficient use of public facilities; encourage and preserve opportunities for energy-efficient development and redevelopment; and promote attractive and functional environments for nonresidential areas that are compatible with surrounding land use. Such developments are intended to provide a safe and efficient system for pedestrian and vehicular traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community.
A. 
Permitted uses.
(1) 
Uses permitted in a Planned Unit Development Overlay District shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.
B. 
Minimum area requirements.
(1) 
Areas designated as Planned Unit Development Overlay Districts shall be under single or, by agreement, joint or corporate ownership and control, and shall contain a minimum development area of:
Principal Uses
Minimum Area of PUD
(acres)
Residential PUD
5
Commercial PUD
5
Industrial PUD
20
Mixed compatible use
20
C. 
Procedural requirements.
(1) 
Prepetition conference. Prior to the official submission of the petition for the approval of a Planned Unit Development Overlay District, the owner(s) or designee(s) making such petition shall meet with the Village Planning Commission or its staff to discuss the scope and proposed nature of the contemplated development.
(2) 
Petition. Following the prepetition conference, owner(s) or designee(s) may file a petition with the Village Clerk for approval of a Planned Unit Development Overlay District. Such petition shall be accompanied by a review fee, as required by the Village Board pursuant to the Village Fee Schedule, and the following information:
(a) 
A general plan statement which sets forth the relationship of the proposed PUD to the Village's adopted Comprehensive Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:
[1] 
Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[2] 
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
[3] 
A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary district-wide private services, and any proposed contractual agreements between multiple owners for such purposes.
[4] 
Any proposed departures from the standards of development, other Village regulations as set forth in the Village zoning regulations or administrative rules, or other universal guidelines.
[5] 
The expected date of commencement of physical development as set forth in the proposal.
(b) 
Specific implementation plan. The specific implementation plan shall include the following detailed construction and engineering plans and related detailed documents and schedules except when specific documents are waived by Plan Commission:
[1] 
An accurate map of the area covered by the plan including the relationship to the total general development plan.
[2] 
The pattern of public and private roads, driveways, walkways and parking facilities.
[3] 
Detailed lot layout and subdivision plat where required.
[4] 
The arrangement of building groups, other than single-family residences, and their architectural character.
[5] 
Sanitary sewer and water mains.
[6] 
Grading plan and storm drainage system.
[7] 
The location and treatment of open space areas and recreational or other special amenities.
[8] 
The location and description of any areas to be dedicated to the public.
[9] 
Landscape plan and plant list.
[10] 
Proof of financing capability.
[11] 
Analysis of economic impact upon the community.
[12] 
A construction schedule indicating the approximate dates when construction of the project can be expected to begin and be completed.
[13] 
Agreements, bylaws, provisions or covenants that govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common open areas or other facilities.
(3) 
Approval of the petition. The Village Planning Commission shall hold a public hearing regarding the PUD petition and plan elements pursuant to the requirements of Article XIII of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested Planned Unit Development Overlay District. Following a review of the general plan statement, specific implementation plan, and any other requested information, and a determination as to whether or not the proposal is compatible with the Village's adopted Comprehensive Plan, the Village Planning Commission shall recommend to the Village Board that the petition be approved as submitted, approved with modifications, referred back to the petitioner for further modifications or disapproved. Upon receipt of the Planning Commission recommendation, the Village Board may approve the plan and authorize the development to proceed accordingly, or disapprove the plan and refer it back to the Planning Commission with specific objections for further negotiation with the developer. In the event the Village Board approves the specific implementation plan and adopts a zoning ordinance amendment designating a tract of land as a Planned Unit Development Overlay District, the owner or developer of such land shall provide the Zoning Administrator, within 12 months of the date of Village Board approval, with recordable copies of the approved general or specific implementation plan and all other written commitments and contractual agreements with the Village regarding project value, character and other pertinent factors, and a certified copy of the zoning ordinance amendment and any other formal action taken by the Village. The cost of preparing such recordable copies and the recording fees for all documents shall be paid by the owner or developer of the lands included in the Planned Unit Development Overlay District. Upon receipt of such recordable documents, the Zoning Administrator shall record them with the Ozaukee County Register of Deeds. No building permit may be issued prior to recording of the documents. If the specific implementation plan is not recorded within 12 months of the date of Village Board approval, the approval shall be null and void, and a new petition and approval process shall be required to obtain specific implementation approval. However, where the plans have not been altered from the Village Board's prior approval and the time for recording the PUD specific implementation plan has expired, the Zoning Administrator may, after consultation with and approval from the Planning Commission, approve an extension for up to 24 months from the original expiration date. No alteration of a PUD specific implementation plan shall be permitted unless approved by the Planning Commission, although the Zoning Administrator may issue permits for minor alterations that are compatible with the concept approved by the Village Board and the provisions of this chapter.
D. 
Principal uses.
(1) 
In the case of a proposed residential Planned Unit Development Overlay District:
(a) 
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.
(b) 
The total net residential density within the Planned Unit Development Overlay Overlay District will be consistent with the range of intensity and density of development permitted in the underlying basic use district.
(c) 
Where a parcel zoned PUD is located partially within a floodplain or C-1 District, the floodway or conservancy district lands may be used to fulfill the area requirements set forth in Subsection D(1)(b) above, provided that at least 2/3 of the land utilized in the calculation of density is located outside of the floodway or C-1 District.
(d) 
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
(e) 
Adequate, continuing fire and police protection is available.
(f) 
The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(g) 
Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.
(2) 
In the case of a proposed commercial Planned Unit Development Overlay District:
(a) 
The proposed development will be adequately served by off-street parking and truck service facilities.
(b) 
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
(c) 
The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
(d) 
The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
(3) 
In the case of a proposed industrial Planned Unit Development Overlay District:
(a) 
The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.
(b) 
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
(c) 
The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
(d) 
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
(e) 
No residential structures shall be permitted in an industrial PUD.
(4) 
In the case of a mixed use Planned Unit Development Overlay District:
(a) 
The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which, as a total development entity, is compatible with the surrounding neighborhood.
(b) 
The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.
(c) 
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
E. 
Subsequent land division. The division of any land or lands within a Planned Unit Development Overlay District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the Village, and when such division is contemplated, a preliminary plat or certified survey map of the lands to be divided shall accompany the petition for PUD approval.
In order to determine the maximum number of dwelling units which may be permitted on a parcel of land zoned in a residential zoning district, the site density shall be calculated in accordance with the following worksheet.
A. 
Worksheet for the calculation of density from residential uses.
Step 1
Gross site area, in acres, as determined by an actual site boundary survey of the lands in a contiguous residential zoning district
=
_____ acres
Step 2
Subtract land of any existing dedicated public right-of-way and the land of rights-of-way of major utilities
=
_____ acres
Step 3
Gross site of area
=
_____ acres
Step 4
Natural resources to be protected, in acres
Wetlands:
_____ acres
Floodplains:
_____ acres
Lakes and streams:
_____ acres
Woodlands and forests:
_____ acres
Stormwater basins:
_____ acres
Archeological sites:
_____ acres
Other: ________
(specify)
_____ acres
Grand Total
=
_____ acres
Step 5
Subtract natural resources to be protected (Step 4) from gross site of area (Step 3)
Net site area
=
_____ acres
Step 6
Calculate maximum gross density yield of site
Take results of Step 3, multiply by gross density (per specific zoning district standards)
Equals maximum gross density yield of site
=
_____ acres
Step 7
Calculate maximum net density yield of site
Take result of Step 5, multiply by net density (per specific zoning district standards)
Equals maximum net density yield of site
=
_____ acres
dwelling units
Step 8
Determine maximum permitted dwelling units of site
Take the lowest of maximum gross density yield or maximum net density yield
=
_____
dwelling units
B. 
Normal rounding rules apply, i.e., 10.5 means 11 units, 10.4 means 10 units.
C. 
For the traditional neighborhood development standards (see § 575-36), utilize the net density yield.