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:
(3)
One single-family dwelling per operational farm.
(4)
Existing dwellings not accessory to any farm operation or dwelling
remaining after consolidation of farms.
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.
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.
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.
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.
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.
(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.
D.
Conditional uses.
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.
D.
Conditional uses.
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.
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.
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.
C.
Permitted accessory buildings, structures and uses.
D.
Conditional uses.
(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.
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.
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.
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)
[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.
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.
(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.
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.
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.
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.
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]
(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.
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.
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.
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)
[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.
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.
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.
(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.
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.
(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.
(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)
[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.
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)
[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.
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.
(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.
(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.
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.
(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)
[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.
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)
[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.
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.
(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.
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.
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.
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)
[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.
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)
[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.
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.
(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.
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.
(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.
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.
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.
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.
C.
Process. The following shall be the process for the approval of the
TND:
(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.
