Village of Cottage Grove, WI Land Use Regulations

Conventional residential development; description. This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted, but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD). [See note (1)(f) below.] Conventional residential development can be made up of the following dwelling unit types:

	The letters below correspond to the bulk requirements in Article I. Many of these letters are shown on the dwelling unit type graphics on the following pages. (Note: Not all letters appear on all graphics.)
	B:	Minimum lot width.
	E:	Front or street side lot line to house.
	F:	Front or street side lot line to garage.
	G:	Side lot line to house or garage.
	I:	Rear lot line to house or garage.
	J:	Side lot line to accessory structure.
	K:	Rear lot line to accessory structure.
	M:	Minimum paved surface setback.
	N:	Minimum dwelling unit separation.
	O:	Minimum number of off-street parking spaces required on the lot

Single-family detached; description. A dwelling designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot or within a group development. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.


Single-family Detached Dwelling Unit

Parking requirements: minimum number of off-street parking spaces required on the lot (Includes garage, drives and all designated parking surfaces): three spaces.

Duplex; description. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on the same lot, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.


Duplex

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): three spaces.

Twin-house; description. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on individual lots, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article III for setback requirements labeled in capital letters.

Twin House

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): three spaces.

Two-flat house; description. This dwelling unit type consists of a two-family residence which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (s. 101.60-.66) and which has individual dwelling units on multiple levels (rather than side-by-side as for a duplex or twin house). This dwelling unit type also includes any single-family residence that has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a conditional use and must be approved through the procedures of § 325-111. Refer to the illustration below and to Article III for setback requirements labeled in capital letters


Two-Flat House

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): three spaces.

(e)

Townhouse; description. This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. No more than four and no less than three townhouse dwelling units may be attached per group. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article III for setback requirements labeled in capital letters


Townhouse

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): 2.5 per three-bedroom; two per two-bedroom or one-bedroom; or 1.5 per efficiency or studio.

[Amended 6-20-2016 by Ord. No. 05-2016]

(f)

Multiplex; description. This dwelling unit type consists of an attached, multifamily residence that has a private, individual exterior entrance. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than four and no less than three multiplex dwelling units may be attached per group. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article III for setback requirements labeled in capital letters


Multiplex

[Amended 6-20-2016 by Ord. No. 05-2016]

(g)

Apartment; description. This dwelling unit type consists of an attached, multifamily residence that takes access from a shared entrance or hallway. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than eight dwelling units, and no less than three, may be located in a building. As part of the conditional use requirements for group developments, any development comprised of one or more buildings, which contain four or more dwelling units, are considered a distinct land use type from apartments with three or four dwelling units in the building. Refer to the illustration below and to Article III for setback requirements labeled in capital letters


Apartment

[Amended 6-20-2016 by Ord. No. 05-2016]

(h)

Mobile home; description. This dwelling unit type consists of a transportable, factory-built fully detached, single-family residence, which has not received a federal manufactured housing certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission. Refer to the illustration below and to Article III for setback requirements labeled in capital letters


Mobile Home (Land Use)

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two spaces.

(i)

Senior multifamily dwelling unit; description. One or more multifamily residential dwelling units intended for and occupied by a person who is 55 years of age or older, or a family, the head of which (or a spouse) is 55 years of age or older, and which is not a licensed nursing home or CBRF.

[Added 6-20-2016 by Ord. No. 05-2016]

Parking requirements: minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): two per dwelling unit with three or more bedrooms; one per two-bedroom, one-bedroom, or efficiency/studio. Detached senior dwelling units (single-family, duplex, twin home) require parking as defined by § 325-49A(2)(a) to (c).

Institutional residential development. See § 325-49C(6).

Mobile home subdivision residential development; description. This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 325-49A(1)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).

Regulations.

The minimum size of the mobile home development shall be five acres.

The minimum lot size shall comply with the minimum dimensional requirements for single-family detached (site-built) lots within the zoning district.

The mobile home development shall be located so as to blend with adjacent residentially zoned areas.

No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing.

A thirty-foot-wide landscaped buffer which provides continuous year-round screening to a minimum height of eight feet shall be required along all property lines abutting residentially zoned property and may be required around the entire perimeter of the subject property.

A community room shall be provided within the development which must provide an emergency public shelter with capacity designed to serve the residents of the development, at an assumed population of 2.5 residents per dwelling unit.

Each dwelling unit shall provide two off-street parking spaces.

Each dwelling unit shall have a garage, either attached or detached, if 60% of other dwellings within 500 feet have a garage.

Each dwelling unit shall be placed on a foundation and secured with a tie-down technique approved by the Building Inspector. Residential masonry or residential siding materials shall be required for skirting around the entire perimeter of each unit.

Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60% of the dwellings within 500 feet have a width of 22 feet.

Minimum dwelling core dimensions for the zoning district shall not apply within this type of development' however, each dwelling unit shall have siding and roofing materials comparable with 60% of the dwellings within 500 feet of the dwelling in question.

Mobile home park residential development; description. This land use is a form of conventional residential development exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the pads and mobile home units must meet the requirements for mobile homes listed in § 325-49A(1)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).

Regulations.

The minimum size of the mobile home development shall be five acres.

The minimum air pad size shall comply with the minimum dimensional requirements for single-family detached (site-built) lots within the zoning district.

The mobile home development shall be located so as to blend with adjacent residentially zoned areas.

No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing.

Each dwelling unit shall provide two off-street parking spaces.

Each dwelling unit shall have a garage, either attached or detached, if 60% of other dwellings within 500 feet have a garage.

Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60% of the dwellings within 500 feet have a width of 22 feet.

Minimum dwelling core dimensions for the zoning district shall not apply within this type of development; however, each dwelling unit shall have siding and roofing materials comparable with 60% of the dwellings within 500 feet of the dwelling in question.

Regulation of mobile home park or subdivision legally established before insert November 18, 2002.

All such mobile home parks or subdivisions are considered a legal conforming land use.

All such dwelling units within such parks are exempt from the requirements of §§ 325-49A(3)and 325-49A(4).

New or replacement dwelling units within such parks are also exempt from the same requirements.

Legally established parks shall be made exempt from the lot size and public improvement requirements of the TF-6 District upon the granting of a conditional use permit per § 325-111 that approves a site plan per § 325-112 and conditions of operation for said mobile home park.

Note regarding percentage of green space and maximum density yield. This estimate is provided as a general rule of thumb for the convenience of the users of this chapter. Such a yield is not to be considered as ensured by the provisions of this chapter.

Agricultural land uses.

Cultivation; description. Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals that are located off-site.

Regulations.

On buildable lots, cultivation areas shall not exceed 20% of the lot's area.

Cultivation areas shall not be located within the required front yard or street yard of any buildable or developed lot.

Parking requirements: one space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 325-75D.)

Husbandry; description. Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than 1 animal unit (as defined in § 325-10) per acre. Apiaries are considered husbandry land uses.

Regulations.

Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property and 100 feet from all other lot lines.

All outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.

Parking requirements: one space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 325-75D.)

Intensive agriculture; description. Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 325-10) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

Regulations.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 325-62.)

All buildings, structures, outdoor storage areas and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.

Shall be located in an area that is planned to remain commercially viable for agricultural land uses.

Parking requirements: one space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 325-75D.)

Agricultural service; description. Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses, see § 325-49E(6)].

Regulations.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

All buildings, structures, outdoor storage areas and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.

If within the RH District, shall be located in an area that is planned to remain commercially viable for agricultural land uses.

Parking requirements: one space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 325-75D.)

On-site agricultural retail description. On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers and bags) shall be produced off site.

Regulations.

No structure or group of structures shall exceed 500 square feet in floor area.

No structure shall exceed 12 feet in height.

All structures shall meet all required setbacks for nonresidential land uses.

Signage shall be limited to one on-site sign that shall not exceed 30 square feet in area.

Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.

A minimum of one parking space shall be required for every 200 square feet of product display area.

The sale of products grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.

Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property.

Parking requirements: one space per employee on the largest work shift and four spaces for customers. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 325-75D.)

Selective cutting; description. Selective cutting land uses include any operation associated with the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads that are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting. [See Subsection B(7) below.]

Regulations: not applicable.

Clear cutting; description. Clear cutting land uses include the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of §§ 325-25 and 325-26) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.

Regulations.

Applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property.

Areas of the subject property, which are clear-cut beyond the limitations established above, shall be replanted per the requirements of § 325-61. (Referenced section requires the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)

Clear cutting shall not be permitted within a required bufferyard or landscaped area (see § 325-62) or within an area designated as permanently protected green space (see Article V).

Institutional land uses.

Passive outdoor public recreational; description. Passive outdoor public recreational land uses include all recreational land uses located on public property that involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use [see Subsection C(2) below], picnic areas, picnic shelters, gardens, fishing areas and similar land uses.

Parking requirements: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

Active outdoor public recreational; description. Active outdoor public recreational land uses include all recreational land uses located on public property that involve active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses and similar land uses.

Regulations.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property in parks greater than one acre in size. In parks one acre or less, all structures and active recreational areas shall be located a minimum of 15 feet from any residentially zoned property; and structures and active recreational areas located less than 40 feet from a residentially zoned property shall have a landscaping buffer with a 0.6 opacity rating along the property boundary with the residentially zoned property and adjacent to the activity area.

[Amended 10-19-2020 by Ord. No. 10-2020]

Facilities that serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.

Facilities that serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.

Parking requirements: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

Indoor institutional; description. Indoor institutional land uses include all indoor public and not for profit recreational facilities (such as gyms, swimming pools, libraries, museums and community centers), schools, colleges, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, hospitals, jails, prisons and similar land uses.

Regulations.

Shall be located with primary vehicular access on a collector or arterial street.

Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library or similar land use.)

All structures shall be located a minimum of 50 feet from any residentially zoned property.

Parking requirements: generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

Church: one space per five seats at the maximum capacity.

Community or recreation center: one space per 250 square feet of gross floor area or one space per four patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

Funeral home: one space per three patron seats at the maximum capacity, plus one space per employee on the largest work shift.

Hospital: two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift.

Library or museum: one space per 250 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

Elementary and junior high: one space per teacher and per staff member, plus one space per two classrooms.

Senior high: one space per teacher and staff member, plus one space per five nonbused students.

College or trade school: one space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.

Outdoor institutional description. Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, nonpublic golf courses and similar land uses.

Regulations.

Shall be located with primary vehicular access on a collector or arterial street.

Shall provide off-street passenger loading area if a significant proportion of the users will be children.

All structures and actively used outdoor recreational areas shall be located a minimum of 50 feet from any residentially zoned property.

Shall comply with § 325-111, standards and procedures applicable to all conditional uses.

Parking requirements: generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

Cemetery: one space per employee, plus one space per three patrons to the maximum capacity of all indoor assembly areas.

Golf course: 36 spaces per nine holes, plus one space per employee on the largest work shift, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurant).

Swimming pool: one space per 75 square feet of gross water area.

Tennis court: three spaces per court.

Public service and utilities; description. Public service and utilities land uses include all Village, county, state, and federal facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, water towers, utility and public-service-related distribution facilities and similar land uses.

[Amended 12-20-2021 by Ord. No. 14-2021]

Regulations.

Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.

All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of .60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

All structures shall be located a minimum of 20 feet from any residentially zoned property.

The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

Parking requirements: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.

Institutional residential; description. This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, dormitories, group homes, monasteries, convalescent homes, limited care facilities, rehabilitation centers and similar land uses not considered to be community living arrangements under the provisions of Wis. Stats. s. 62.23. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space [see § 325-49A(6) above]. The density of institutional residential land uses shall be regulated on a case-by-case basis as determined by the Plan Commission through the site plan review and conditional use process. Factors such as on-site conditions, uses and development intensity and such as off-site conditions, uses and development intensity shall be considered.

Regulations.

The proposed site shall be located so as to avoid disruption of an established or developing office area. Within the Neighborhood Office (NO) and Planned Office (PO) Districts, institutional residential developments shall be designed so as to maintain the character of the adjacent properties.

Shall be located with primary vehicular access on a collector or arterial street.

No access shall be permitted to a local residential street.

Applicant shall provide off-street passenger loading area at a minimum of one location within the development.

All structures shall be located a minimum of 50 feet from any residentially zoned property which does not contain an institutional residential land use.

Parking requirements.

Monastery or convent: one space per six residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.

Nursing home: one space per six patient beds, plus one space per employee on the largest work shift, plus one space per staff member and per visiting doctor.

Dormitory: one space per three residents or dorm apartment units (whichever requires the larger amount of parking), not including residents subject to on-campus ownership prohibitions imposed by the institution.

Community living arrangement (one to eight residents); description. Community living arrangement land uses include all facilities provided for in Wis. Stats. s. 46.03(22), including child welfare agencies, group homes for children and community based residential facilities. Community living arrangements do not include day-care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wis. Stats. s. 62.23.

Regulations.

No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of its capacity, unless specifically exempted by action of the Plan Commission.

The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing).

Foster homes housing four or fewer children and licensed under Wis. Stats. s. 48.62 shall not be subject to Subsection C(7)(a)[1] above and shall not be subject to, or count toward, the total arrived at Subsection C(7)[2] above.

Parking requirements: three spaces.

(8)

Community living arrangement (nine to 15 residents); description. See Subsection C(7) above.

Regulations.

No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity, unless specifically exempted by action of the Plan Commission.

Parking requirements: four spaces.

(9)

Community living arrangement (16+ residents); description. See Subsection C(7) above.

Regulations.

No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity, unless specifically exempted by action of the Plan Commission.

The total capacity of all community living arrangements (of all capacities) in the Village shall not exceed 1% of the Village's population (unless specifically authorized by the Village Board following a public hearing).

Parking requirements: one space per every three residents.

(10)

Electrical substation; description: a structure or facility that is part of an electrical generation, transmission, or distribution system for the purpose of changing voltage and other similar uses.

[Added 12-20-2021 by Ord. No. 14-2021]

Regulations.

No outdoor storage is permitted unless otherwise approved by the Village. Temporary material storage is permitted during facility construction or repair.

A landscaped bufferyard with minimum opacity of 0.60 shall be continually maintained between the property line and the fenced/enclosed area of the facility.

New distribution and transmission lines associated with the facility shall be placed underground unless the Village determines it is infeasible to do so.

When located adjacent to a residentially zoned property, all fencing shall be an opaque material such as masonry.

Commercial land uses.

Office; description. Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

Parking requirements: one space per 300 square feet of gross floor area.

Personal or professional service; description. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, beauty shops and related land uses.

Parking requirements: one space per 300 square feet of gross floor area.

Indoor sales or service; description. Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as outdoor display incidental to indoor sales under accessory uses [§ 325-49H(6)]. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [See Subsection D(4) below]. Artisan studios are regulated in § 325-49D(18).

Regulations.

Permitted uses shall be limited to indoor sales and personal services which primarily support office tenants such as office supply stores, copy centers and travel agencies.

Parking requirements: one space per 300 square feet of gross floor area.

Outdoor display; description. Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard. (See § 325-49E below also.) [Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 325-49H(6) as outdoor display incidental to indoor sales.]

Regulations.

The display of items shall not be permitted in permanently protected green space areas, required landscaped areas or required bufferyards.

The display of items shall not be permitted within required setback areas for the principal structure.

In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 325-75. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence or line of planters or by a clearly marked paved area.

Signs, screening, enclosures, landscaping or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area, all support fixtures used to display the goods shall be removed within 10 calendar days of the goods' removal.

Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

Facility shall provide a bufferyard with a minimum opacity of .60 along all borders of the display area abutting residentially zoned property except per Subsection D(4)(a)[5] above (see § 325-62).

Parking requirements: one space per 300 square feet of gross floor area.

Indoor maintenance service; description. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use [see § 325-49D(17)].

Parking requirements: one space per 300 square feet of gross floor area.

Outdoor maintenance service; description. Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

Regulations.

All outdoor activity areas shall be completely enclosed by a minimum six-feet-high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of .60 (see § 325-62).

Parking requirements: one space per 300 square feet of gross floor area.

In-vehicle sales or service; description. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity [except vehicle repair and maintenance services, see § 325-49D(17)]. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see § 325-49H(7)].

Regulations.

Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially zoned property lines and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet as measured to highest part of structure.

All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four-ton axle load.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines.

Parking requirements: one space per 50 square feet of gross floor area. Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass-through window and 40 feet beyond the pass-through window.

(8)

Indoor commercial entertainment; description. Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks and pool halls.

Regulations.

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

Facility shall provide bufferyard with minimum opacity of .60 along all borders of the property abutting residentially zoned property (see § 325-62).

Parking requirements: one space per every three patron seats or lockers (whichever is greater) or one space per three persons at the maximum capacity of the establishment (whichever is greater).

(9)

Outdoor commercial entertainment; description. Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks and racetracks.

Regulations.

Activity areas shall not be located closer than 300 feet to a residentially zoned property.

Facility shall provide bufferyard with minimum opacity of .80 along all borders of the property abutting residentially zoned property (see § 325-62).

Activity areas (including drive-in movie screens) shall not be visible from any residentially zoned property.

Parking requirements: one space for every three persons at the maximum capacity of the establishment.

(10)

Commercial animal boarding; description. Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.

Regulations.

Each animal shall be provided with an indoor containment area.

The minimum permitted size of horse or similar animal stall shall be 100 square feet

Special events such as shows, exhibitions and contests shall only be permitted when a temporary use permit has been secured. (See § 325-113.)

Parking requirements: one space per every 1,000 square feet of gross floor area.

(11)

Commercial indoor lodging; description. Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.

Regulations.

If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

Within the PO District, each and every room must take primary access via an individual interior door and may not be accessed via an external balcony, porch or deck except for emergency purposes.

Parking requirements: one space per bedroom, plus one space for each employee on the largest work shift.

(12)

Bed-and-breakfast establishment; description. Bed-and-breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

Regulations.

All such facilities shall be required to obtain a permit to serve liquor, if applicable. They shall be inspected annually at a fee as established by a separate ordinance to verify that the land use continues to meet all applicable regulations.

One sign, with a maximum area of 24 square feet, inclusive of all sign sides, shall be permitted on the property.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

No premises shall be utilized for a bed-and-breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed-and-breakfast operation shall have a separate operational smoke detector alarm, as required in the Building Code. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupants personal facilities.

The dwelling unit in which the bed-and-breakfast takes place shall be the principal residence of the operator/owner, and said operator/owner shall live on the premises when the bed-and-breakfast operation is active.

Only the meal of breakfast shall be served to overnight guests.

Each operator shall keep a list of names of all persons staying at the bed-and-breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time.

The maximum stay for any occupants of a bed-and-breakfast operations shall be 14 days.

It shall be unlawful for any persons to operate a bed-and-breakfast operation as defined and as permitted in the Municipal Code of the Village of Cottage Grove without first having obtained a conditional use permit.

Applicants applying for a conditional use permit to operate a bed-and-breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the Village Zoning Ordinance, other applicable Village codes and ordinances and within the terms of this chapter.

In the Plan Commission's determination of the number of bed-and-breakfast operations required to provide for such public convenience and necessity, the Plan Commission shall consider the effect upon residential neighborhoods, conditions of existing bed-and-breakfasts and the necessity of issuance of additional bed-and-breakfasts for public service.

[12]

Public nuisance violations. Bed-and-breakfast operations shall not be permitted whenever the operation endangers or offends or interferes with the safety or rights of others so as to constitute a nuisance.

[13]

Suspension, revocation and renewal. Any conditional use permit issued under the provisions of this chapter may be revoked by the Plan Commission (see § 325-111H) for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public and other consideration shall be weighed in determination of such issue.

Parking requirements: one space per each bedroom.

(13)

Group day-care center (nine or more children); description. Group day-care centers are land uses in which qualified persons provide child-care services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of .50 along all property borders abutting residentially zoned property (see § 325-62).

Property owner's permission is required as part of the conditional use permit application.

Parking requirements: one space per five students, plus one space for each employee on the largest work shift.

(14)

Campground; description. Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers or other mobile or portable shelters or vehicles.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of .70 along all property borders abutting residentially zoned property (see § 325-62).

Parking requirements: 1.5 spaces per campsite.

(15)

Boardinghouse; description. Boardinghomes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities).

Regulations.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

Shall provide a minimum of one on-site parking space for each room for rent.

Shall be located in an area of transition from residential land uses to nonresidential land uses.

Shall comply with § 325-111, applicable to all conditional uses.

Parking requirements: one space per room for rent, plus one space per each employee on the largest work shift.

(16)

Sexually oriented land uses.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Adult arcade. "Adult arcade" means a place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore, "Adult bookstore" means an establishment which advertises, sells or rents adult material or offers for sale or rent adult material and which is not open to the public generally and which excludes any minor by reason of age. The provisions of this subsection are not intended to apply if the presumption is rebutted by evidence that establishes that at the establishment:

Admission is not restricted to adults only; and

All adult material is accessible only by employees; and

The gross income from the sale and/or rental of adult material comprises less than 10% of the gross income from the sale and rental of the goods or services at the establishment; and

The individual items of adult material offered for sale and/or rental comprise less than 25% of the total individual new items publicly displayed as stock-in-trade in any of the following categories: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videotapes, slides or other visual representations, or recordings or other audio matter, or less than 25% of the individual used items publicly displayed at the establishment as stock-in-trade in the same categories set out above.

Adult material. "Adult material" means any one or more of the following, regardless of whether it is new or used:

Books, magazines, periodicals or other printed matter, paintings, drawings or other publications or graphic media, or photographs, films, motion pictures, videocassettes or disks, slides or other visual representations, or recordings or other audio matter which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity or specified anatomical area; or

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult photographic or modeling studios. "Adult photographic or modeling studios" includes any business establishment which offers or advertises as its primary business stock-in-trade the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas or the modeling of apparel that exhibits specified anatomical areas.

Adult theater. "Adult theater" means an enclosed building or an enclosed space within a building, or an open-air area used for presenting either filmed or live plays, dances or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing or relating to specific sexual activities or specified sexual activities or specified anatomical areas as defined in this chapter for observation by patrons therein. An establishment which has an adult arcade is considered to be an adult theater.

Physical culture establishment. "Physical culture establishment" means any business establishment which offers or advertises massage, body rubs or physical contact with specified anatomical areas, whether or not licensed. Business establishments which routinely provide medical services by state-licensed medical practitioners and electrolysis treatment by licensed operators of electrolysis equipment shall be excluded from the definition of adult physical culture establishments.

Special cabarets. "Special cabarets" mean any bar, dance hall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, or waiters or waitresses that engage in specified sexual activates or display specified anatomical areas, or any such business establishment, the advertising for, or a sign or signs identifying which, use the words, "adult," "topless," "nude," "bottomless" or other words of similar import.

Adult use. "Adult use" means any business entity which knowingly or with reason to know permits, suffers or allows private performances as defined under this chapter. "Adult use" also shall be defined to include the terms "adult arcade," "adult bookstore," "adult booth," "adult theater," "special cabarets," "physical culture establishments" and "adult photographic or modeling studios," as defined, dependent upon the activities relating to specified sexual activities or specified anatomical areas as defined in this chapter.

Specified sexual activities. "Specified sexual activities" means simulated or actual:

Showing of human genitals in a state of sexual stimulation or arousal;

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus or excretory functions.

Fondling or erotic touching of human genitals, pubic region, anus, buttocks or female breasts.

Specified anatomical areas. "Specified anatomical areas" means:

Less than completely and opaquely covered human genitals, pubic region and cleavage of the nates of the buttock.

Human male genitals in a discernible turgid state, even if completely and opaquely coved.

That portion of the human female breast directly or laterally below a point immediately above the top of the areola, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided that the areola is not so exposed.

Any covering, tape, plastic, latex spray or paint or other device which stimulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed above in this definition.

Restrictions as to location.

Adult uses, as defined in Subsection D(16)(a) above, are to be restricted as to location in the following manner in addition to any other requirements of the Zoning Code:

Any of the adult uses specified in this section shall not be located within a one-thousand-foot radius of another such use.

Any of the above adult uses shall not be located within a one-thousand-foot radius of any area zoned for residential use.

Any of the above adult uses shall not be located within a one-thousand-foot radius of any church or other place of religious worship, park, playground or athletic field.

Any of the above adult uses shall not be located within a one-mile radius of any school.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated.

Parking requirements: one space per 300 square feet of gross floor area or one space per person at the maximum capacity of the establishment (whichever is greater).

(17)

Vehicle repair and maintenance service; description. Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building.

Regulations.

Storage of abandoned vehicles is prohibited.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

Parking requirements: one space per service bay, plus one per employee on the largest work shift. Adequate on-site parking is required for all customer and employee vehicles.

[Amended 6-20-2016 by Ord. No. 05-2016]

(18)

Artisan studio or artisan production shop; description. A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles and related items as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An "artisan production shop" is an artisan studio used by more than three artists or artisans.

Regulations.

Artisan production shop is not allowed in the Neighborhood Office (NO) District.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

Parking requirements: one space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

(19)

Payday lender; description. A business, owned by a licensee, that makes payday loans. Payday loans are defined by Wis. Stats. s. 138.14(k) as a transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept from the individual one or more checks, to hold the check or checks for a period of time before negotiating or presenting the check or checks for payment, and to loan to the individual, for a term of 90 days or less, before negotiating or presenting the check or checks for payment, an amount that is agreed to by the individual; or a transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept the individual's authorization to initiate one or more electronic fund transfers from the account, to wait a period of time before initiating the electronic fund transfer or transfers, and to loan to the individual, for a term of 90 days or less, before initiating the electronic fund transfer or transfers, an amount that is agreed to by the individual.

[Added 4-21-2014 by Ord. No. 03-2014]

Regulations.

A payday lender may not be located within 1,500 feet of another payday lender.

A payday lender may not be located within 150 feet of a single-family or two-family residential zoning district.

Storage or disposal land uses.

Indoor storage or wholesaling; description. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 325-49H(8) below.

Parking requirements: one space per employee on the largest work shift.

[Amended 6-20-2016 by Ord. No. 05-2016]

Outdoor storage or wholesaling; description. Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard. [See Subsection E(4) below.]

Regulations.

All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of .80.

The storage of items shall not be permitted in permanently protected green space areas (see § 325-62).

The storage of items shall not be permitted in required frontage landscaping or bufferyard areas.

In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 325-75. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

Storage areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence or line of planters or by a clearly marked paved area.

Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (see § 325-62).

All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

Parking requirements: one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

Personal storage facility; description. Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini-warehouses."

Regulations.

Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials and orientation of proposed buildings and structures shall complement surrounding development.

Facility shall provide a bufferyard with a minimum opacity of .80 along all property borders abutting residentially zoned property (see § 325-62).

Shall comply with § 325-111, standards and procedures applicable to all conditional uses.

No electrical power shall be run to the storage facilities except for exterior lighting.

Parking requirements: one space for each employee on the largest work shift.

Junkyard or salvage yard; description Junkyard or salvage yard facilities are any land or structure used for a salvaging operation, including but not limited to: the aboveground, outdoor storage and/or sale of wastepaper, rags, scrap metal and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).

All buildings, structures, outdoor storage areas and any other activity areas shall be located a minimum of 100 feet from all lot lines.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

Shall not involve the storage, handling or collection of hazardous materials, including any of the materials listed in § 325-87.

Parking requirements: one space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.

Waste disposal facility; description. Waste disposal facilities are any areas used for the disposal of solid wastes, including those defined by Wis. Stats. s. 144.01(15), but not including composting operations [see Subsection E(6) below].

Regulations.

Shall comply with all county, state and federal regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 325-62).

All buildings, structures and activity areas shall be located a minimum of 300 feet from all lot lines.

Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 325-87) in any manner.

Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Village Attorney) and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)

Parking requirements: one space for each employee on the largest work shift.

Composting operation; description. Composting operations are any land uses devoted to the collection, storage, processing and or disposal of vegetation.

Regulations.

Shall comply with all county, state and federal regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see § 325-62).

All buildings, structures and activity areas shall be located a minimum of 100 feet from all lot lines.

No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on site.

Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by state statutes in any manner.

Parking requirements: one space for each employee on the largest work shift.

Transportation land uses.

Off-site parking lot; description. Off-site parking lots are any areas used for the temporary parking of vehicles that are fully registered, licensed and operative. See also § 325-75 for additional parking regulations.

Regulations.

Access to an off-site parking lot shall only be permitted to a collector or arterial street.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

Airport/heliport; description. Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport.

Regulations.

All buildings, structures, outdoor airplane or helicopter storage areas and any other activity areas shall be located a minimum of 100 feet from all lot lines.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see § 325-62).

Parking requirements: one space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

Freight terminal; description. Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations and truck maintenance and repair facilities, principally serving several or many businesses and always requiring transshipment.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).

All buildings, structures, outdoor storage areas and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

Parking requirements: one space per each employee on the largest work shift.

Distribution center; description. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 325-49H(8) below.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 325-62).

All buildings, structures, outdoor storage areas and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

Parking requirements: one space per each employee on the largest work shift.

Industrial land uses.

Light industrial land use; description. Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in Article VI. Light industrial land uses may conduct retail sales activity as an accessory use provided that the requirements of § 325-49H(8) below are complied with.

Regulations.

All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

Parking requirements: one space per each employee on the largest work shift.

Heavy industrial land use; description. Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances that are detectable at the property line; and may involve materials that pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article VI. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.

Regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see § 325-62).

All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

Parking requirements: one space per each employee on the largest work shift.

Communication tower; description. Communication towers include all freestanding broadcasting, receiving or relay structures and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower.

Requirements.

Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.

The installation and continued maintenance of a bufferyard with a minimum opacity of .80 along property borders abutting residentially zoned property (see § 325-62).

Parking requirements: one space per employee on the largest work shift.

Extraction use; description. Extraction uses include any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat or other material in excess of that required for approved on-site development or agricultural activities.

Regulations.

Shall receive approval from the county prior to action by the Village of Cottage Grove and shall comply with all county, state and federal regulations.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 325-62).

All buildings, structures and activity areas shall be located a minimum of 300 feet from all lot lines.

Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the Village), shall be filed with the Village by the petitioner (subject to approval by the Zoning Administrator) and shall be held by the Village for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for publicly owned waste disposal facilities.)

Parking requirements: one space per each employee on the largest work shift.

Solar farm; description. Site on which the primary land use is an array of multiple solar collectors on ground-mounted racks of poles.

[Added 6-21-2021 by Ord. No. 05-2021]

Regulations.

A certified professional engineer shall certify the foundation and design of the solar panels are within accepted professional standards, given the local soil and climate conditions.

Systems, equipment, and structures shall not exceed 30 feet in height.

Setbacks from equipment to property lines shall match those for a primary structure in the relevant district.

Systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of not less than six feet. An emergency services key repository and keys shall be provided at locked entrances for emergency personnel access.

An appropriate warning sign shall be provided at each entrance to the facility along the perimeter of the solar farm. The sign at the entrance to the facility shall include the facility's 911 address and a twenty-four-hour contact number.

Accessory land uses. Accessory uses are land uses that are incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment [see Subsection H(1) below] or a farm residence [see Subsection H(2) below], in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complementary architectural style and with complementary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.

Commercial apartment; description. Commercial apartments are dwelling units which are generally located above the ground floor of a building used for a commercial land use (as designated in § 325-49D above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.

Regulations.

All commercial apartments shall be located above the first floor.

The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development.

A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the Zoning Administrator.

Farm residence; description. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 325-49B above.

Detached residential garage, carport, utility shed, play structure or lawn ornament; description. A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces and purely decorative garden accessories such as ponds, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. For the purposes of this section, children's play structures, including playhouses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance. It may be located on the same lot as a residential unit or units or on a separate lot in conjunction with a residential land use. See § 325-24 for requirements applicable to legal nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area or which exceed 30% coverage of the rear yard area or which exceed the lot coverage of the principle structure are not permitted in residential districts except as conditional uses in the RH District.

Regulations.

One attached or detached garage and two accessory structures shall be permitted by right.

A conditional use permit is required for:

A combination of accessory structures exceeding a total of 1,000 square feet; or

More than two accessory structures.

Company cafeteria; description. A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

Company provided on-site recreation; description:.A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use and which is reserved solely for the use of company employees and their guests.

Regulations.

All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.

Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 325-62). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

Facilities using night lighting shall require a conditional use permit.

Outdoor display incidental to indoor sales and service (more than 12 days); description. See § 325-49D(4).

Regulations.

Shall comply with all conditions of § 325-49D(4).

Display area shall not exceed 25% of gross floor area of principal building on the site.

In-vehicle sales and services incidental to on-site principal land use; description. See § 325-49D(7).

Regulations.

Shall comply with all conditions of § 325-49D(7).

(8)

Indoor sales incidental to storage or light industrial land use; description. These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use on the same site.

Regulations.

Adequate parking, per the requirements of § 325-75, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.

The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property.

Shall provide rest room facilities directly accessible from retail sales area.

Retail sales area shall by physically separated by a wall from other activity areas.

(9)

Light industrial activities incidental to indoor sales or service land use; description. These land uses include any light industrial activity conducted exclusively indoors, which is incidental to a principal land use such as indoor sales or service, on the same site.

Regulations.

The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property or 5,000 square feet, whichever is less. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit for such use.

Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 325-83 for all adjacent properties.

(10)

Home occupation; description. It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence which comply with the following requirements. Examples include personal and professional services and handicrafts which comply with all of the following requirements:

Regulations.

The home occupation shall be conducted only within the enclosed area of the dwelling unit and not within a garage.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed two square feet.

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

A permitted home occupation is restricted to a service-oriented business prohibiting the mass production of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.

A permitted home occupation shall not occupy more than 30% of the floor area of the dwelling.

Persons employed by a permitted home occupation shall be limited to the resident family members only.

Under no circumstances shall a vehicle repair or bodywork or auto-detailing business qualify as a home occupation.

The Plan Commission may approve home occupations in residential districts which do not meet standards of Subsection H(10)(a) [1] through [10] above as conditional uses subject to the following:

The types and number of equipment or machinery used on the conditional use site may be restricted by the Plan Commission.

Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.

(11)

Family day-care home (four to eight children); description. Family day-care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter. [State law reference: s. 66.304(b)(2), Wis. Stats.]

(12)

Intermediate day-care home (nine to fifteen children); description. Intermediate day-care homes are occupied residences in which a qualified person or persons provide child care for nine to 15 children. [State law reference: s. 66.304(b)(2), Wis. Stats.]

(13)

Migrant labor camp. Migrant labor camps include any facility subject to the regulation of Wis. Stats. s. 103.90.

Regulations.

Shall be surrounded by a bufferyard with a minimum opacity of .60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see § 325-62).

Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the Village.

(14)

On-site parking lot; description. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 325-75.

Regulations.

Access to an off-site parking lot shall only be permitted to a collector or arterial street.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

(15)

Private residential recreational facility; description. This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in this chapter. Materials and lighting shall limit light levels at said property line to be equal to or less than 0.5 footcandles (see § 325-78). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools and recreation-type equipment.

Regulations.

Swimming pools shall be regulated by state code.

Tree houses and similar platforms shall not exceed a platform height of eight feet and shall be set back twice their elevation from any property line.

(16)

Private residential kennel; description. A maximum of any combination of three dogs and/or cats (over six months of age) are permitted by right for any one residential unit. Any residence housing a number of dogs and or cats exceeding this number shall be considered a private residential kennel. Such a kennel (dogs only) shall require licensing by the Village. In addition to those requirements, a private residential kennel shall meet the following requirements:

Regulations.

For any number over three animals, a maximum of one additional animal per five acres shall be permitted.

Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property and shall be screened from adjacent properties.

(17)

Private residential stable; description. A private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.

Regulations.

A minimum lot area of 218,000 square feet (five acres) is required for a private residential stable.

A maximum of one horse per five acres of fully enclosed (by fencing and/or structures) area is permitted.

Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property.

The minimum permitted size of horse or similar animal stall shall be 100 square feet.

(18)

Drainage structure; description. These include all improvements, including but not limited to swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments and dams intended to effect the direction, rate and/or volume of stormwater runoff, snowmelt and/or channelized flows across, within and/or away from a site.

Regulations.

Any drainage improvement shall not increase the rate or volume of discharge from the subject property onto any adjacent properties, except where regional stormwater management facilities such as storm sewers and retention or detention facilities are in place to serve the subject property.

(19)

Filling; description. Filling includes any activity in an area over 4,000 square feet, or greater than 500 cubic yards of fill, involving the modification of the earth's surface above that in its undisturbed state.

Regulations.

Shall not impede on-site drainage.

Shall comply with provisions of the Subdivision Ordinance.

(20)

Lawn care; description. Lawn care includes any activity involving the preparation of the ground and installation and maintenance of vegetative ground cover (including gardens) which complies with the Village of Cottage Grove Code. Lawn care is not permitted in protected wetland areas.

(21)

Individual septic disposal system; description. This land use includes any state-enabled, county-approved septic disposal system.

Regulations.

Minimum lot size of 0.5 acres.

Shall comply with Dane County Code.

(22)

Exterior communication devices (e.g., satellite dishes, ham radio towers, television antennas); description. This land use includes any antennas used for communication reception.

Regulations.

Except for television antennas and satellite dishes 18 inches or smaller, exterior communication devices shall not be visible from a public street.

Devices must be sited an equal or greater number of feet from any property lines as their maximum height and may not be located in a required street yard.

The applicant must demonstrate that all reasonable mechanisms have been used to mitigate safety hazards and the visual inputs of the device.

(23)

Caretaker's residence; description. This land use includes any residential unit that provides permanent housing for a caretaker of the subject property in either an attached or detached configuration.

Regulations.

Shall provide housing only for on-site caretaker and family.

(24)

Condominiums.

[Added 4-17-2006 by Ord. No. 03-2006]

Plan review and approval procedures.

Purpose. The purpose of this subsection is to specify the requirements and procedures for the review and approval of condominium plan applications. The provisions of this subsection are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this subsection requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) requires the approval of site, building and operational plans by the Village staff before the building, occupancy and zoning permits can be issued; except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex dwelling units. However, a survey map certified by a registered surveyor shall be prepared for any proposed development activity for such uses.

Condominium development and conversions of existing two-unit buildings shall comply with the requirements for twin homes. Condominium development and conversions for building containing more then two dwelling units and with a common hallway shall comply with the requirements for apartments. Condominium development and conversions for buildings containing more than two dwelling units and with individual outside primary entrances shall comply with the requirements for multiplexes. Finally, any condominium development or conversion involving one or more buildings with more than four dwelling units, and/or more than one building on a single parcel, shall comply with the applicable requirements for group developments, including the required conditional use permit.

Site plan procedure.

Initiation of request for approval of a site plan. Procedures for approval of a site plan shall be initiated by the owner(s) of the subject property or their legally authorized representative(s).

Preapplication meeting. The petitioner shall first meet with the Zoning Administrator and other applicable Village staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

Application requirements. All applications for proposed condominium site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Zoning Administrator to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application and applicable fees are paid in full. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. Said complete application shall be comprised of all of the following:

Written description of the intended use describing in reasonable detail or providing for record:

Existing zoning district(s) [and proposed zoning district(s) if different].

Land use plan map designation(s).

Description of existing environmental features.

Current land uses present on the subject property.

Proposed certified survey map of the area.

[f]

Proposed amount of dwelling units, impervious surface area and landscape surface area and resulting site density, floor area ratio, impervious surface area ratio and landscape surface area ratio.

[g]

Separate water and sewer laterals are provided for each unit. The laterals should be noted on the certified survey map of the condominium development.

[h]

Exterior building and fencing materials.

Condominium documents are prepared and provided.

[j]

Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relationship to nearby properties.

A small location map, 11 inches by 17 inches, showing the subject property and all properties within 300 feet and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the Village's Official Zoning Map with the subject property clearly indicated shall suffice to meet this requirement.)

A property site plan drawing (and reduction scalable at 11 inches by 17 inches) which includes:

A title block which indicates the name, address and phone number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for the project.

The date of the original plan and the latest date of revision to the plan.

A North arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet.

A legal description of the subject property.

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.

[f]

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose.

[g]

All required building setback lines.

[h]

All existing and proposed buildings, structures and paved areas, including building entrances, walks, drives, decks, patios, fences, walls and utility and drainage systems, connections and fixtures.

The location and dimension (cross section and entry throat) of all access points onto public streets.

[j]

The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter.

[k]

The location of all outdoor storage areas and the design of all screening devices.

[l]

The location, type, height, size and lighting of all signage on the subject property.

[m]

The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including a clear demonstration of compliance with a limit of 1.0 footcandle at nonresidential property lines and 0.5 footcandle at residential property lines.

[n]

The location and type of any permanently protected green space areas.

[o]

The location of existing and proposed drainage facilities.

[p]

In the legend, data for the subject property:

Lot area;

[ii]

Floor area;

[iii]

Floor area ratio (b/a);

[iv]

Impervious surface area;

[v]

Impervious surface ratio (d/a); and

[vi]

Building height.

A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction scalable at 11 inches by 17 inches), showing the location of all required buffer yard and landscaping areas and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Village landscaping requirements. (NOTE: The individual plant locations and species, fencing types and heights and berm heights need to be provided.)

A grading and erosion control plan at the same scale as the main plan (and reduction scalable at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per Wisconsin Administrative Code, COMM Chapter 21, Uniform Dwelling Code, and Chapter 65, Commercial Construction.

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

A certified survey may be required by the Zoning Administrator in instances where it is necessary to determine compliance with setback requirements. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures and paved areas.

Review of complete application by Plan Commission.

The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of this chapter to ensure attractive, efficient and appropriate development of land in the community and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, this subsection shall enable the Plan Commission to consider factors related to community aesthetics, urban design and architectural consistency within the community. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per § 325-111C(1) through (5) as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.

In reviewing said application, the Plan Commission shall make findings on the following criteria to determine whether the submitted site plan shall be approved, approved with modification or denied:

All standards of this chapter and other applicable Village, state and federal regulations are met;

The public health and safety is not endangered;

Adequate public facilities and utilities are provided;

Adequate control of stormwater and erosion are provided and drainage patterns and vegetative cover is maintained insofar as is practical;

Appropriate traffic control and parking are provided;

[f]

Appropriate landscaping and open space areas are provided;

[g]

The appearance of structures maintains a consistency of design, materials, colors and arrangement with nearby properties of similar use, which comply with the general architectural guidelines provided in § 325-49H(2)(d)[2][g][i] through [v] below:

Exterior construction materials shall be of high quality.

[ii]

Exterior building design or appearance shall not be of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

[iii]

Exterior building design or appearance shall not be so identical with nearby buildings so as to create excessive monotony or drabness. A minimum of five basic home styles shall be provided in each residential subdivision.

[iv]

Exterior building design or appearance shall not be constructed or faced with an exterior material which is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and surrounding properties.

[v]

Exterior building, sign and lighting design or appearance shall not be sited on the property in a manner that would unnecessarily destroy or substantially damage the natural beauty of the area.

(e)

Initiation of land use or development activity. Except with the written permission of the Zoning Administrator, absolutely no land use or development activity, including site clearing, grubbing or grading, shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.

(f)

Modification of an approved plan. Any and all variations between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of Subsections B and C above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

(g)

Sunset clause. An approved site plan not fully developed within two years of final Village Board approval shall expire, and all other portions of a project on an approved site plan not fully developed within a period of five years of final Village Board approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The Village Board may extend this period, as requested per the applicant, through the conditional use process following a public hearing.

(25)

Accessory outdoor commercial entertainment; description. Accessory commercial entertainment land uses include all land uses partially or wholly outside of an enclosed building, and are incidental to the principal activity conducted on the subject property. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples of such land uses include outdoor dining for more than 20 patrons, bars located outdoors or within on unenclosed structure and related seating, volleyball courts and similarly scaled recreational facilities.

[Added 9-18-2018 by Ord. No. 06-2018]

Regulations.

Activity areas shall not be located closer than 100 feet to a residentially zoned property.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (§ 325-62).

Activity areas shall not be directly visible from any residentially zoned property.

Any amplified noise requires a sound amplification permit.

Parking requirements: one per four seats.

(26)

Keeping of chickens; description. It is the intent of this section to provide a means of keeping chickens as an accessory land use at a single-family residence.

[Added 3-15-2021 by Ord. No. 01-2021]

Regulations.

No more than four female chickens are allowed.

Roosters are not permitted.

No slaughtering of chickens shall occur on the property.

Chickens must have access to a coop or covered enclosure meeting the following requirements:

Maximum size: 120 square feet.

Maximum height: 12 feet.

Minimum four-foot setback from any property boundary.

Minimum twenty-five-foot setback from principal structure on any adjacent lot.

Fowl may not roam free and must be contained in a fenced outdoor enclosure meeting the following requirements at all times:

Fence shall be no less than six feet high and shall meet the requirements of § 325-88, Fences and hedges.

Enclosure must be clean, dry, and odor-free and shall be kept in a manner that will not disturb use or enjoyment of adjacent lots.

Failure to comply with this section shall be deemed a public nuisance per Chapter 24.

(27)

Ground-mounted solar energy collection system; description. Collection system associated with mounting hardware that is affixed to or placed upon the ground, including but not limited to fixed, passive, or active tracking racking systems.

[Added 6-21-2021 by Ord. No. 05-2021]

Regulations.

Collection systems shall be permitted in the rear yard only in SR-4, SR-6, TR-8, and HR-9 Districts, or any yard of all other districts subject to setbacks below.

The area of each panel shall be considered impervious for purposes of calculating lot coverage and landscape surface ratio.

Maximum height of any ground-mounted solar energy collection system shall be 15 feet high measured from the base of the pole to the highest edge of the system.

The minimum clearance between the lowest point of the system and the surface on which the system is mounted is 12 inches.

All parts of the freestanding system shall be back no less than 10 feet from all property lines and shall not be located in any type of public easement.

(28)

Roof-mounted solar energy collection systems; description. Collection system structurally mounted to the roof of a building or other permitted structure, including any limited ground-mounted accessory equipment associated with the roof-mounted system.

[Added 6-21-2021 by Ord. No. 05-2021]

Regulations.

At the time of permitting the property owner, at the discretion of the Building Inspector, may be required to provide a report from a licensed structural engineer stating the roof in question is structurally sufficient to hold the units.

Collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush-mounted when possible.

Systems shall not extend past the peak of a pitched roof.

(29)

Canopy-mounted solar collection systems; description. Collection system consisting of elevated solar panels installed above parking lots, carports, or other paved areas.

[Added 6-21-2021 by Ord. No. 05-2021]

Regulations.

The height of canopy solar collection system shall not exceed the height of the primary building that the parking lot serves.

The system shall not be placed over a drive aisle, driveway, or other area where it may obstruct emergency vehicles.

Temporary land uses.

General temporary outdoor sales; description. Includes the display of any items outside the confines of a building, which is not otherwise permitted as a permitted or conditional use, or a special event otherwise regulated by the Village Municipal Code. Examples of this land use include but are not limited to: seasonal garden shops, tent sales, bratwurst stands and garage sales; however, up to two garage sales are exempt from the provisions of this section.

Temporary use regulations.

Display shall be limited to a maximum of 12 days in any calendar year.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.

Adequate parking shall be provided.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

Outdoor assembly; description. Includes any organized outdoor assembly of more than 100 persons.

Temporary use regulations.

Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.

Adequate parking, drinking water and toilet facilities shall be provided and shall be described in the application.

If subject property is located adjacent to a residential area, activities shall be limited to daylight hours unless otherwise specifically approved by the Village.

Adequate provisions for crowd control shall be made and shall be described within the application.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

Contractor's project office; description. Includes any structure containing an on-site construction management office for an active construction project.

Temporary use regulations.

Structure shall not exceed 2,000 square feet in gross floor area.

Facility shall be removed within 10 days of issuance of occupancy permit.

Shall not be used for sales activity. [See § 325-49I(6) below.]

Projects requiring land use to be in place for more than 365 days shall require a conditional use permit.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

Contractor's on-site equipment storage facility; description. Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.

Temporary use regulations.

Facility shall be removed within 10 days of issuance of occupancy permit.

Projects requiring land use to be in place for more than 365 days shall require a conditional use permit.

Shall be limited to a maximum area not exceeding 10% of the property's gross site area.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

Relocatable building; description. Includes any manufactured building which serves as a temporary building for less than 6 months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 325-111.)

Temporary use regulations.

Shall conform to all setback regulations.

Shall conform to all building code regulations.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

On-site real estate sales office; description. Includes any building which serves as an on-site sales office for a development project.

Temporary use regulations.

Structure shall not exceed 5,000 square feet in gross floor area.

Facility shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.

Signage shall comply with the requirements for temporary signs in Article VII of the Municipal Code.

Projects requiring land use to be in place for more than 365 days shall require a conditional use permit.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

Seasonal outdoor sales of farm products; description. Includes any outdoor display of farm products not otherwise regulated by the Village of Cottage Grove Code.

Temporary use regulations.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

Signage shall comply with the requirements for temporary signs in Article VII.

Adequate parking shall be provided.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

Shall comply with § 325-113, standards and procedures applicable to all temporary uses.

§ 325-50 Group developments.

Definition.

A "group development" is any development containing:

Two or more structures containing principal land uses on the same lot;

Any single structure on a single lot which contains five or more dwelling units or two or more nonresidential uses; and/or,

Any new institutional, commercial and office buildings in excess of 40,000 gross square feet and to all multibuilding group developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 40,000 square feet.

Any building additions to institutional, commercial and office buildings that bring the total building size to over 40,000 gross square feet. These regulations shall apply to the building addition, the older portions of the building constructed prior to the adoption of this section and to the site.

Common examples of group developments include six-unit apartment buildings, apartment complexes, condominium complexes, strip centers, shopping centers and office centers. (One tenant office or commercial buildings containing less than 40,000 square feet of gross floor area, four-unit apartment buildings and other land uses in which each nonresidential building contains only one tenant, or where the lot contains only one structure, or where each residential building contains four or fewer dwelling units, are not group developments even though such developments may contain parcels under common ownership.)

A group development does not offer the ability to customize the regulations of this Zoning Ordinance as could be achieved using a planned development per § 325-42. A group development approval is not required for an approved specific Implementation plan.

Permitted by right: not applicable.

Conditional use regulations. Any land use that is permitted as a permitted-by-right land use or as a conditional land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this subsection that pertain to individual land uses shall also apply to individual land uses within a group development, as well as all other applicable provisions of this chapter. Therefore, land uses permitted by right in the zoning district shall be permitted by right within an approved group development (unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development as a whole), and land uses permitted as a conditional use in the zoning district shall be permitted within the group development only with conditional use approval for the specific use. In all cases, the following conditional use conditions shall be applied to the group development as a whole, and to individual uses within the group development:

All required off-street parking spaces and access drives shall be located entirely within the boundaries of the group development.

The development shall contain a sufficient number of waste bins to accommodate all trash and waste generated by the land uses in a convenient manner.

No group development shall take access to a local residential street.

All development located within a group development shall be located so as to comply with the intent of this chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing group developments in the future (if such action is so desired).

The following standards shall apply to all new institutional, commercial and office buildings in excess of 40,000 gross square feet and to all multibuilding group developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 40,000 square feet. These conditions shall also be applied to the entire building and site in instances where building additions bring the total building size to over 40,000 gross square feet. Such conditions shall apply to both the building additions and to older portions of the building and the site that were constructed prior to the adoption of this section. This forty-thousand-square-foot limit shall apply to individual freestanding buildings and to group developments in which the combined total of all structures on a site, regardless of diverse use or tenancy, combine to more than 40,000 gross square feet:

The following standards shall apply to all group developments:

Building exterior materials shall be of high quality on all sides of the structure, including glass, brick, decorative concrete block or stucco. Decorative architectural metal with concealed fasteners may be approved with special permission from the Village.

Building exterior design shall be unified in design and materials throughout the structure and shall be complementary to other structures in the vicinity. However, the development shall employ varying building setbacks, height, roof, treatments, door and window openings and other structural and decorative elements to reduce the apparent size and scale of the structure. A minimum of 20% of the combined facades of the structure shall employ actual facade protrusions or recesses. A minimum of 20% of the combined linear roof eave or parapet lines of the structure shall employ differences in height of eight feet or more. Roofs with particular slopes may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective.

Mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.