A.
Districts. The Village of Webster is divided into
the following zoning districts:
[Amended 6-13-2001]
(1)
R-1 Single-Family Residential District.
(2)
R-2 Multifamily Residential District.
(3)
B-1 General Commercial District.
(4)
B-2 Highway Commercial District.
(5)
I-1 General Industrial District.
(6)
C Conservancy District.
(7)
PUD Planned Unit Development District.
(8)
A-1 Agricultural and Forestry District.
B.
District boundaries. Boundaries of these districts
are hereby established as shown on a map titled "Zoning Map, Village
of Webster, Wisconsin," which accompanies and is part of this chapter.
Such boundaries shall be construed to follow corporate limits, United
States Public Land Survey lines, lot or property lines and center
lines of streets, highways, alleys, easements and railroad rights-of-way
or such lines extended, unless otherwise noted on the Zoning Map.
C.
Vacation of streets. 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.
D.
Annexations. Annexations to or consolidations with
the village subsequent to the effective date of this chapter shall
be placed in the Agricultural and Forestry District unless the annexation
ordinance temporarily places the land in another district.
A certified copy of the Zoning Map shall be
adopted and approved with the text as part of this chapter and shall
bear upon its face the attestation of the Village President and the
Village Clerk-Treasurer and shall be available to the public in the
office of the Village Clerk-Treasurer. Changes thereafter to the districts
shall not be effective until entered and attested on this certified
copy.
Where uncertainty exists as to the boundaries
of districts as shown on the Zoning Map, the following rules shall
apply:
A.
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed to
follow such center lines.
B.
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following village
boundaries shall be construed as following municipal boundaries.
D.
Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines shall
be construed to follow such shorelines, and in the event of change
in the shoreline shall be construed as moving with the actual shoreline.
Boundaries indicated as approximately following the center lines of
streams, rivers, canals, lakes or other bodies of water shall be construed
to follow such center lines.
F.
Boundaries indicated as parallel to or extensions
of features indicated in the preceding subsections shall be so construed.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the map.
[Amended 9-8-1994; 8-10-2005]
A.
Purpose. The R-1 District is intended to provide a
pleasant, safe and quiet neighborhood environment free from traffic
hazards or public annoyances for residential areas in the Village.
B.
Permitted uses and structures.
(1)
Private garages and carports.
(2)
Essential services and utilities intended to serve
the principal permitted use.
(3)
Signs, subject to the provisions of this chapter.
(4)
Horticulture and gardening.
(5)
Churches and elementary, junior and senior high schools.
(6)
Public parks, playgrounds and recreational and community
center buildings and grounds.
(7)
Permitted uses and structures.
(a)
Single-family dwellings, excluding manufactured
homes (mobile homes built to HUD standards). For purposes of this
chapter, manufactured dwellings (homes built off site to Wisconsin
UDC standards) are included in the definition of "single-family dwelling."
(b)
The home shall be covered by a roof pitched
at a minimum slope of 6/12 inch slope which is permanently covered
with nonreflective material.
(c)
Accessory buildings shall be architecturally
compatible in appearance and mode of construction with the principle
house on the lot with a limit of a maximum sidewall height of 12 feet.
(d)
No detached accessory building shall occupy
more than 30% of the required rear yard.
(8)
Customary accessory uses, provided that such uses
are clearly incidental to the principal use and that no such use generates
traffic or noise that would create a public or private nuisance.
A.
Purpose. The R-2 District is intended to provide a
multiple-family living area that is pleasant.
C.
Conditional uses.
(1)
Home occupations.
(2)
Multifamily dwellings.
(3)
Telephone, telegraph and power transmission towers,
poles and lines, relay and repeater stations, equipment housing and
other necessary appurtenant equipment and structures.
(4)
Hospitals.
(5)
Colleges and vocational schools.
(6)
Public museums.
(7)
Art galleries.
(8)
Medical and dental clinics.
D.
Specifications.
(1)
Maximum building height: 35 feet.
(2)
Side yard, principal building: 10 feet on each side.
(3)
Side yard, accessory building: five feet.
(4)
Front yard setback: 30 feet.
(5)
Rear yard setback: 25 feet.
(6)
Lot area per family, with public sewer: 8,500 square
feet for one family; 5,500 square feet for two families; and 3,500
square feet for multiple families.
(7)
Lot area per family, without public sewer: 12,000
square feet for one family; 8,000 square feet for two families; and
5,500 square feet for multiple families.
(9)
Minimum floor area per family: 1,000 square feet for
three bedrooms; 800 square feet for two bedrooms; and 500 square feet
for one bedroom.
A.
Purpose. The B-1 District is intended to provide an
area for the business and commercial needs of the village.
B.
Permitted uses are facilities such as, but not limited
to, the following:
(1)
Retail stores and shops offering convenience goods
and services.
(2)
Business and professional offices and studios.
(3)
Banks and savings and loan offices.
(4)
Public and semipublic buildings and institutions.
(5)
Commercial entertainment facilities.
(6)
Laundromats.
(7)
Restaurants.
(8)
Taverns.
(9)
Medical and dental clinics.
C.
Conditional uses.
D.
Specifications.
(1)
Maximum building height: 35 feet.
(2)
Side yard, principal building*: nine feet on each
side.
(3)
Side yard, accessory building*: five feet on each
side.
(4)
Front yard setback*: 10 feet.
(5)
Rear yard setback*: 25 feet.
(6)
Lot area per family: same as R-2 District.
(7)
Minimum lot width: 50 feet.
(8)
Minimum floor area per family: same as R-2 District.
|
*In the blocks in the commercial district which
are already developed, setbacks, minimum lot widths, commercial parking
and truck unloading areas for new or renovated buildings may correspond
with the existing setbacks, minimum lot widths, commercial parking
and truck unloading areas, provided the Plan Commission determines
such action will be in keeping with the purposes of this chapter.
|
A.
Purpose. The B-2 District is intended to provide for
an orderly and attractive grouping at appropriate locations of those
commercial establishments that are oriented to highway use.
C.
Conditional uses.
(1)
Drive-in establishments serving food or beverages
for consumption.
(2)
Hotels and motels.
(3)
Service stations, washing and repair stations and
garages, provided that all gas pumps are not less than 30 feet from
any existing or proposed street line.
(4)
Recreational establishments, including drive-in theaters,
golf or baseball driving ranges, archery fields, miniature golf courses
or similar uses.
(5)
New and used car sales establishments.
(6)
Wholesaling establishments.
(7)
Transportation terminals.
(8)
Outdoor theaters.
(9)
Farm implement sales firms.
(10)
Dwelling of owner or employee of a commercial
establishment on the same or adjacent property, provided that the
dwelling occupant derives 50% or more of his income from the commercial
establishment.
(11)
Uses clearly similar in character to those listed
above.
D.
Specifications.
A.
Purpose.
(1)
The I-1 District is intended to provide space for
industrial and manufacturing uses at appropriate locations in the
village. Any industrial use may be permitted, except those that would
present a danger to residents of the community or would generate noise,
smoke, traffic or air or water pollution that would create a public
or private nuisance. All other uses (residential, commercial, public)
are prohibited, except that a dwelling may be provided for a caretaker
or superintendent if the industrial use requires constant supervision.
(2)
Any use determined to be objectionable by the Plan
Commission on the basis of pollution, noise, dust, smoke, vibration,
odor, flashing lights or danger of explosion may be permitted only
upon the issuance of a conditional use permit setting forth dimensional
and site requirements, performance standards, aesthetic controls and
pollution standards for that particular use.
A.
Purpose. This district is established to:
C.
Uses authorized by conditional permit are:
(1)
Public and semipublic uses, including but not limited
to the following: public and private schools, churches, public parks
and recreation areas, hospitals, rest homes and homes for the aged,
fire and police stations and historic sites, except that sewage disposal
plants and garbage incinerators shall not be permitted.
(2)
Telephone, telegraph and power transmission towers,
poles and lines, including transformers, substations, relay and repeater
stations, equipment housing and other necessary appurtenant equipment
and structures.
D.
Specifications.
(1)
Maximum building height: 35 feet (not applicable to
agricultural uses).
(2)
Side yard, principal building: 20 feet on each side.
(3)
Side yard, accessory building: 20 feet on each side.
(4)
Front yard setback: 40 feet.
(5)
Rear yard setback: 25 feet.
(6)
Minimum lot width: 150 feet.
(7)
Lot area per family: enough for a bona fide farm operation.
A.
Purpose. The C District is intended to preserve the
natural state of scenic areas, to preserve natural areas and buffer
strips and to discourage intensive development of marginal lands so
as to prevent potential hazards to public and private property.
B.
Permitted uses.
(1)
Management of forestry, wildlife and fish.
(2)
Harvesting of wild crops, such as marsh hay, ferns,
moss, berries, fruit trees and tree seeds.
(3)
Hunting, fishing and trapping.
(4)
Dams, power stations and transmission lines.
(5)
Upon written permission from the Village Board (based
on the purposes of this chapter and on the recommendation of the Plan
Commission following a public hearing), sewage disposal plants, water
pumping or storage facilities, golf courses and public camping grounds.
(6)
Bicycle or hiking trails.
(7)
Parks.
(8)
Uses customarily incidental to any of the above uses.
C.
There are no setback, lot size or other dimensional
requirements applicable to the C District.
A.
Purpose. The Planned Unit Development District is
established to provide a regulatory framework designed to promote
improved environmental design in the Village of Webster by allowing
for greater freedom, imagination and flexibility in the development
of land while ensuring substantial compliance with the basic intent
of this chapter and the general plan for community development. It
allows diversification and variation in the relationship of uses,
structures, open spaces and heights of structures in developments
conceived and implemented as comprehensive and cohesive unified projects.
B.
Permitted uses. The following uses are permitted in
the Planned Unit Development District; provided, however, that no
use shall be permitted except in conformity with a specific and precise
development plan pursuant to the procedural and regulatory provisions
as hereinafter set forth:
(1)
Any use permitted by right or as a conditional grant
in any of the other districts of this chapter may be permitted, subject
to the criteria as established herein, but such requirements as are
made a part of an approved, recorded, precise development plan shall
be, along with the recorded plan itself, construed to be enforced
as part of this chapter.
(2)
Lot area, lot width, height, floor area ratio, yard
and usable open space requirements. In the Planned Unit Development
District, there shall be no predetermined specific lot area, lot width,
height, yard and usable open space requirements, but such requirements
as are made a part of an approved, recorded, precise development plan
shall be, along with the recorded plan itself, construed to be and
enforced as a part of this chapter.
(3)
Off-street parking. In the Planned Unit Development
District, off-street parking facilities shall be provided in accordance
with applicable regulations herein set forth and such requirements
as are made a part of an approved, recorded, precise development plan.
C.
Criteria for approval. As a basis for determining
the acceptability of a Planned Unit Development District application,
the following criteria shall be applied to the precise development
plan for such district, with specific consideration as to whether
or not it is consistent with the spirit and intent of this chapter,
has been prepared with competent professional advice and guidance
and produces significant benefits in terms of environmental design:
(1)
Character and intensity of land use. In a Planned
Unit Development District, the uses proposed and their intensity and
arrangement on the site shall be of a visual and operational character
which:
(a)
Is compatible with the physical nature of the
site.
(b)
Would produce an attractive environment of sustained
aesthetic and ecologic desirability, economic stability and functional
practicality.
(c)
Would not adversely affect the anticipated provision
for school or other municipal services.
(d)
Would not create a traffic or parking demand
incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of
a Planned Unit Development District application shall provide evidence
satisfactory to the Village Board of its economic feasibility, of
available adequate financing and that it would not adversely affect
the economic prosperity of the village or the values of surrounding
properties.
(3)
Engineering design standards. The width of street
right-of-way, width and location of street or other paving, outdoor
lighting, location of sewer and water lines, provision for stormwater
drainage or other similar environmental engineering consideration
shall be based upon determination as to the appropriate standards
necessary to implement the specific function in the specific situation;
provided, however, that in no case shall standards be less than those
necessary to ensure the public safety and welfare as determined by
the village.
(4)
Preservation and maintenance of open space. In a Planned
Unit Development District, adequate provision shall be made for the
permanent preservation and maintenance of common open space either
by private reservation or dedication to the public.
(a)
In the case of private reservation, the open
area to be reserved shall be protected against building development
by conveying to the village, as part of the conditions for project
approval, an open space easement over such open areas.
(b)
The care and maintenance of such open space
reservation shall be assured by establishment of appropriate management
organization for the project. The manner of assuring maintenance and
assessing such cost to individual properties shall be included in
any contractual agreement with the village and shall be included in
the title to each property.
(c)
Ownership and tax liability of private open
space reservation shall be established in a manner acceptable to the
village and made a part of the conditions of plan approval.
(5)
Implementation schedule. The proponents of a Planned
Unit Development District shall submit a reasonable schedule for the
implementation of the development to the satisfaction of the Village
Board, including suitable provisions for assurance that each phase
could be brought to completion in a manner which would not result
in adverse effect upon the community as a result of termination at
that point.
D.
Procedure. The procedure for rezoning to a Planned
Unit Development District shall be as required for any other zoning
district change under this chapter, except that in addition thereto
the rezoning may only be considered in conjunction with a development
plan and shall be subject to the following additional requirements:
(1)
The general development plan shall include the following
information:
(a)
A statement describing the general character
of the intended development.
(b)
An accurate map of the project area, including
its relationship to surrounding properties and existing topography
and key features.
(c)
A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection C of this section:
[1]
The pattern of proposed land use, including
shape, size and arrangement of proposed land areas, density and environmental
character.
[2]
The pattern of public and private streets.
[3]
The location, size and character of recreational
and open space areas reserved or dedicated for public uses, such as
school, park, greenway, etc.
[4]
A utility feasibility study.
(d)
Appropriate statistical data on the size of the development ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the village under the criteria of Subsection C of this section.
(e)
General outline of intended organizational structure
related to a property owners' association, deed restrictions and private
provision of common services.
(2)
Referral and hearing.
(a)
Within a reasonable time after completion of
the filing of the petition for approval of a general development plan,
the Plan Commission shall forward the application to the Village Board
with a recommendation that the plan be approved as submitted, approved
with modifications or disapproved. Upon receipt of the Plan Commission's
recommendations, the Board shall determine whether or not to initiate
a proposed zoning change to permit the proposed Planned Unit Development
District and to schedule the required public hearing. If the Board
fails to initiate such a change within 30 days, the petitioner may
file a petition directly with the Village Clerk-Treasurer.
(b)
Approval of the rezoning and related general
development plan shall establish the basic right of use for the area
in conformity with the plan as approved, which shall be recorded as
an integral component of the district regulations, but such plan shall
be conditioned upon approval of a specific implementation plan and
shall not make permissible any of the uses as proposed until a specific
implementation plan is submitted and approved for all or a portion
of the general development plan.
(3)
Specific implementation plan. A specific and detailed
plan implementation of all or a part of a proposed Planned Unit Development
District must be submitted within a reasonable period of time, as
determined by the Village Board. If a specific implementation plan
has not been submitted within said time which the Village Board determines
to be a reasonable phase of the total plan, a petition to rezone the
property back to the previous zoning from the Planned Unit Development
District shall be filed by the appropriate village official with the
Village Clerk-Treasurer for processing. The specific implementation
plan shall be submitted to the Village Board and shall include the
following detailed construction and engineering plans and related
detailed documents and schedules:
(a)
An accurate map of the area covered by the plan,
including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways,
walkways and parking facilities.
(c)
Detailed lot layout and subdivision plan where
required.
(d)
The arrangement of building groups, other than
single-family residences, and their architectural character.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas
and recreational or other special amenities.
(h)
General location and description of any areas
to be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the
project can be expected to begin.
[2]
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of
each of the stages will be completed.
(m)
Agreements, bylaws, provisions or covenants
which govern the organizational structure, use, maintenance and continued
protection of the planned unit development and any of its common services,
common open areas or other facilities.
(n)
Any other plans, documents or schedules requested
by the village.
(4)
Approval of the specific implementation plan.
(a)
Following a review of the specific implementation
plan and a recommendation from the Plan Commission, the Village Board
may approve the plan and authorize development to proceed accordingly
or disapprove the plan and request negotiations with the developer.
(b)
In the event of approval of the specific implementation
plan, the building, site and operational plans for the development,
as approved, as well as all other commitments and contractual agreements
with the village offered or required with regard to project value,
character and other factors pertinent to an assurance that the proposed
development will be carried out basically as presented in the official
submittal plans, shall be recorded by the developer within a reasonable
period of time, as determined by the Village Board, in the County
Register of Deeds office. This shall be accomplished prior to the
issuance of any building permit.
(c)
Any subsequent change or addition to the plans or use shall first be submitted for approval to the Village Attorney and Village Board, and if in the opinion of the Village Board such change or addition constitutes a substantial alteration of the original plan, the procedure provided in Subsection D above and in this subsection shall be required.
