3 To preserve scenic views and to minimize views of new development from existing streets.

Transcription

1 AE-1 AGRICULTURAL EQUESTRIAN CLUSTER SINGLE-FAMILY DISTRICT (3/2/10) () Primry purpose nd chrcteristics. The AE-1 Agriculturl Equestrin Cluster Single-Fmily District is intended to preserve rurl lndscpe chrcter; sensitive nturl resource res; equestrin uildings, rns, pddocks, pstures, nd scenic corridors (vists); while permitting residentil estte type housing on clustered lots s secondry use nd integrted s prt of n equestrin fcility. The AE-1 Agriculturl Equestrin Cluster Single-Fmily District my e served either y on-site soil sorption sewge disposl systems or y pulic snitry sewer fcilities. Specific ojectives re s follows: 1 To mintin nd protect rurl chrcter y preserving importnt lndscpe elements, including those res contining unique nd environmentlly sensitive nturl fetures such s woodlnds, hedgerows, strem corridors, wetlnds, floodplins, shorelnds, priries, ridge tops, steep slopes, nd criticl species hitt y setting them side from development nd llow for development of equestrin fcilities. 2 To provide qulity residentil development tht hs direct ccess to equestrin fcilities. 3 To preserve scenic views nd to minimize views of new development from existing streets. 4 To provide for the unified nd plnned development of clustered single-fmily, lowdensity residentil uses, incorporting lrge res of permnent protected equestrin fcilities, open spce, nd nturl resources. 5 To provide for greter design flexiility in the siting of dwellings nd equestrin fetures in order to minimize the disturnce of the rurl lndscpe elements, scenic qulity, nd overll esthetic vlue of the lndscpe. 6 To crete groups of dwellings with direct visul nd physicl ccess to open spce nd equestrin trils while seprting vehiculr trffic from the equestrin fcilities. 7 To permit equestrin use of open spce y residents of the development nd the pulic, when pproprite. 8 To crete network of equestrin trils etween equestrin developments nd pulic lnd. () Principl Uses. 1 Equestrin Fcility, privte, confined to single lot including equestrin uildings, such s, rns, rens, silos, storge sheds, cris, pddocks, nd stles. 2 Clustered single-fmily detched dwellings. 3 Community living rrngements hving cpcity for 8 or fewer persons nd which shll e in conformnce with ll stte sttutory requirements. 4 Essentil services. 5 Foster fmily homes hving less thn 4 foster children nd not exceeding 8 totl occupnts nd which re in conformnce with ll stte sttutory requirements. 131

2 6 Open spce, including: Conservtion of lnd in its nturl stte (for exmple, woodlnd, fllow field, or mnged medow.) Wildlife snctury, forest preserve, or similr uses designted for the protection nd propgtion of wildlife. c Psture for horses d Pssive recretion, including, ut not limited to, hiking trils, ridle trils, picnic res, community grdens, nd lwn re. e Esements for ccess, dringe, sewer nd wter lines, pipelines, or other pulic purposes. f Storm wter mngement fcilities including detention sins, retention sins, rin grdens, nd other est mngement prctices. g Wter supply, nd sewerge systems for individul lots, cluster groups, or the entire development. h Utility nd street rights-of-wy except tht their lnd res shll not count towrd the minimum open spce requirement. (c) Residentil Accessory Uses 1 Accessory structures such s detched grges, sheds, gzeos, nd othouses. 2 Home occuptions nd professionl home offices. 3 Smll wind energy system 4 Solr energy system 5 Swimming pools nd sps. 6 Fences. 7 Decks nd Ptios (see lso section ) (d) Equestrin Conditionl Uses. 1 Privte rods nd gted entrnces 2 Pulic equestrin fcility offering services open to the pulic (such s riding clsses, pulic riding hours, nd shows) 3 Housing for Cretkers 4 Bridle equipment sles nd repir (pro shop) 5 Utility susttions 6 Wind energy systems 7 Solr energy systems (e) Residentil Conditionl Uses 1 Privte rods nd gted entrnces provided tht sid privte rods: meet locl unit of government rod specifictions nd stndrds, re locted within n ccess esement which shll e minimum of 66 feet wide, re mintined y the Homeowners Assocition comprised of the owners of ll lots within sid equestrin development nd meet ll sfety nd ccess stndrds promulgted y the locl unit of government fire nd rescue officils. 2 Community living rrngements hving 9 ut not more thn 15 persons which shll e in conformnce with ll stte sttutory requirements. 132

3 3 Utility susttions 4 Wind energy systems 5 Solr energy systems 6 Community swimming pools 7 Community center for the use of residents not including equestrin fcilities (f) (g) Required Fcilities The district requires tht s condition of pprovl there is n existing equestrin fcility on the site with minimum cpcity of 100 horses, or tht n equestrin fcility will e uilt. For those circumstnces when fcilities re not in plce there will e no zoning permits grnted on the residentil portion of the site until the equestrin fcility is uilt ccording to sumitted pln nd gurntees mde tht it will remin for perpetuity through deed restrictions. Seprtion Distnces for Residentil Cluster Groups. 1 The outer oundries of ll residentil cluster groups shll conform to the following seprtion distnces: From ll trct oundries From equestrin uildings, rns, nd pddocks From other cluster groups From wetlnds, floodplins, or nvigle wterwys From ctive recretion res, such s courts or plying fields 50 feet 50 feet 50 feet 35 feet 50 feet 2 All seprtion res for cluster groups long existing streets shll e lndscped in ccordnce with Section of the Kenosh County Lnd Division Control Ordinnce in order to lock views of new residentil development, preserve scenic views, nd to protect rurl lndscpe chrcter. 3 The seprtion distnces long existing rteril streets nd trct oundries my e reduced to minimum of 50 feet if the pplicnt cn demonstrte tht existing vegettion, topogrphy or comintion of these form n effective visul screen. (h) Overll Density nd Dimensionl Stndrds 1 Minimum trct size 120 cres 2 Mximum density[] 1 du/5 cres 3 Equestrin Fcility/open spce [] 60 percent Existing dwellings tht my or not e prt of frmsted shll e counted towrds the totl density. Housing for cretkers does not count towrd density. Acres refer to gross lnd re including ll lnds within trct, except existing street, rilrod, existing tril nd existing utility rights-of-wy nd/or esements. Only 20 percent of wetlnds nd floodplin my e counted towrd the clcultion of density. In the clcultion of equestrin/open spce res, the following shll e excluded: privte residentil lot res; existing nd/or plnned pulic street rights-of-wy nd/or privte street esements; existing pulic tril rights-of-wy 133

4 nd/or esements; nd existing rilrod nd existing utility rights-of-wy nd/or esements. (i) Lot Density nd Dimensionl Stndrds 1 For equestrin fcility lots nd residentil dwelling lots: Development Stndrd Equestrin Fcilities Lot Residentil lot Minimum lot re 10 cres 60,000 sq. ft. Minimum lot width [] 300 feet 150 feet Street yrd 40 feet 50 feet Shore yrd Not less thn 75 feet from the ordinry high wter mrk of ny nvigle wter Side yrd 25 feet 25 feet Rer yrd 50 feet 50 feet Accessory uildings setck nd size regultion [] See section See section Mximum uilding height 65 feet for equestrin uilding; 35 feet for seprte cretker uilding - 35 feet Mximum uilding coverge N/A 10 percent Lot frontge my e reduced on lots locted on cul-de-sc, court, or curve to feet provided there is t lest 150 feet t the uilding setck line. Accessory uildings on residentil lots re not permitted in front yrds. (j) Design Stndrds for Equestrin Fcility 1 All equestrin fcility, including equestrin uildings, such s, rns, rens, silos, storge sheds, cris, pddocks, nd stles, must e contined to single lot. 2 A site pln for the equestrin fcility lot must e included s prt of the plt nd zoning petition. 3 A plt my contin only one lot with equestrin fcilities. 4 In locting equestrin fcilities, disturnce to woodlnds, hedgerows, nd individul mture trees shll e minimized. However, when the ojective is to preserve prime griculturl soils nd lrge res of contiguous lnd suitle for griculturl use, dwellings my e locted within woodlnds, provided tht no more thn 20 percent of single wooded lot is clered for the construction of rns, rens, silos, storge sheds, cris, pddocks, nd stles, nd onsite soil sorption system. 5 Equestrin fcility shll ut open spce to the front or rer for distnce of t lest 50 feet in order to provide direct ccess to the open spce. Open spce cross street locted on the suject development property shll qulify for this requirement. (k) Design Stndrds for Residentil Cluster Groups. 1 All dwelling shll e grouped in clusters groups, ech of which shll contin t lest 2 ut not more thn 12 units nd shll e surrounded y equestrin fcility/open spce. 2 Cluster groups my contin more thn 12 units, nd cluster groups my e ssemled into lrger groupings not seprted y equestrin fcility/open spce, provided tht the 134

5 pplicnt cn demonstrte tht such n lterntive pln is more pproprite for the trct nd will meet oth the generl intent nd design stndrds of this ordinnce. 3 A plt my contin one or more cluster groups. 4 Cluster groups shll e defined y the outer perimeter of contiguous lotted res or utting streets, nd my contin lots, streets, nd interior equestrin fcility/open spce. When the development does not contin individul lots, s in condominium, the outer perimeter shll e defined s n re encompssed y line drwn round the units, no point of which is closer to ny unit thn 50 feet. 5 The outer oundries of ech cluster group shll meet the seprtion distnces specified in Section (g). 6 Cluster groups shll e defined nd seprted y equestrin fcility/open spce in order to provide direct ccess to the equestrin fcility/open spce nd privcy to individul lot or yrd res. Cluster groups my e seprted y streets if the street right-of-wy or street esement is designed s oulevrd. 7 All lots in cluster group shll tke ccess from interior streets. 8 All lots in cluster group shll ut equestrin fcility/open spce to the front or rer for distnce of t lest 50 feet. Equestrin fcility/open spce cross street locted on the suject development property shll qulify for this requirement. 9 In locting cluster groups, disturnce to woodlnds, hedgerows, nd individul mture trees shll e minimized. However, when the ojective is to preserve prime griculturl soils nd lrge res of contiguous lnd suitle for griculturl use, dwellings my e locted within woodlnds, provided tht no more thn 20 percent of single wooded lot is clered for the construction of dwelling, drivewy, grge, storge uilding, well, nd onsite soil sorption system. 10 Street trees shll e provided s required y the locl unit of government lnd division or sudivision ordinnce within which the development is locted. If no such locl unit of government lnd division or sudivision ordinnces exists or requires the plnting of street trees, street trees shll e required in cluster groups t minimum rte of one 2- inch cliper tree per dwelling unit nd shll comply with the requirements of Section of the Kenosh County Lnd Division Control Ordinnce. (l) Design Stndrds for Open Spce. 1 Open spce shll consist of only those uses identified in section () 6. 2 The loction of Open spce shll e consistent with the ojectives of ny pplicle comprehensive pln or comprehensive pln component. 3 All open spce res shll e prt of lrger contiguous nd integrted open spce system. At lest 75 percent of the open spce shll e contiguous to nother open spce re. For the purpose of this section, contiguous shll e defined s locted within 50 feet cross which ccess is possile, for exmple on opposite sides of n internl street. 4 Open spce shll, to the gretest extent possile, protect site fetures identified in the site inventory nd nlysis s hving prticulr vlue in the context of preserving rurl chrcter, in complince with the intent of this ordinnce. Primry nd secondry environmentl corridors nd isolted nturl res s identified y the Southestern Wisconsin Regionl Plnning Commission re of prticulr significnce for protection. 5 Nturl fetures shll generlly e mintined in their nturl condition, ut my e modified to improve their ppernce, or restore their overll condition nd nturl 135

6 processes, s recommended y professionls in the re eing modified. Permitted modifictions my include woodlnd mngement, reforesttion, medow mngement, wetlnds mngement, strem nk protection, nd uffer re lndscping. 6 All wetlnd, floodplin, unique wildlife hitt res, steep slopes over 12 percent, 100 percent of lowlnd environmentl corridor nd t lest 80 percent of uplnd primry environmentl corridors shll e contined in open spce. 7 Common oundries with existing or future open spce on djcent trcts, when shown in n pplicle comprehensive pln or comprehensive pln component, shll e estlished whenever possile. 8 To preserve scenic views, ridge tops nd hill tops should e contined within open spce wherever possile. Trees shll not e removed from ridge tops or hill tops. 9 At lest 80 percent of the re of existing woodlnds shll e contined within open spce; 20 percent of the re of existing woodlnds my e used for lot res nd residentil development. This limittion my e exceeded under the following conditions: The site is primrily wooded nd development t permitted density would not e possile without encroching further on woodlnds. Any encrochment on woodlnds eyond 20 percent shll e the minimum needed to chieve mximum permitted density. 10 No open spce shll e less thn 10,000 squre feet in re, with the exception of lndscpe islnds in cul-de-sc streets, nd not less thn 30 feet in width t ny point. Open spce not meeting this stndrd shll not e counted towrd the totl required percentge of open spce. 11 The oundries of open spce shll e mrked y nturl fetures wherever possile, such s hedgerows, edges of woodlnds, strems, or individul lrge trees. Where no such nturl demrctions exist, dditionl plntings, fences, or other lndscpe fetures shll e dded to enle residents or the pulic, if pplicle, to distinguish where open spce ends nd privte lot res egin. Where structurl demrctions, such s fences or fence posts, re used, they shll e the minimum needed to ccomplish the ojective. 12 Trils in open spce tht ut residentil lots in cluster groups shll e identified y plntings, fences, or other lndscpe fetures. 13 Under no circumstnces shll ll open spce e isolted in one re of the development. Open spce shll e distriuted ppropritely throughout the development to properly serve nd enhnce ll dwelling units, cluster groups, nd other common fcilities. 14 Open spce shll include lnds locted long existing pulic rodwys in order to preserve existing rurl lndscpe chrcter s seen from these rodwys, nd shll, in no cse, contin less thn the required uffer, setck re, or seprtion distnce. 15 Sfe nd convenient pedestrin ccess nd ccess for mintennce purposes shll e provided to open spce res. At lest one ccess point per cluster group shll e provided, hving width equl to or greter thn 50 feet. This width my e reduced to no less thn 30 feet if the pplicnt cn demonstrte tht, meeting the lot width requirement would run counter to the ojectives of this ordinnce. (m) Ownership nd Mintennce of Common Fcilities nd Open spce. 136

7 1 The following methods my e used, either singly or in comintion, to own ny common fcilities (i.e. community swimming pools nd community center) nd/or open spce. Common fcilities nd open spce shll not e trnsferred to nother entity except for trnsfer to nother method of ownership permitted under this section, nd then only when there is no chnge in the common fcilities nd open spce. Ownership methods shll conform to the following: Owners Assocition. Common fcilities nd/or open spce shll e held in common ownership s undivided proportionte interests y the memers of homeowners ssocition, suject to the provisions set forth herein. The homeowners ssocition shll e governed ccording to the following: 1) The pplicnt shll provide to the Kenosh County Deprtment of Plnning nd Development description of the orgniztion, including its ylws nd ll documents governing mintennce requirements nd use restrictions for common fcilities nd/or open spce. 2) The orgniztion shll e estlished y the owner or pplicnt nd shll e operting (with finncil susidy y the pplicnt, if necessry) prior to the sle of ny dwelling units in the development. 3) Memership in the orgniztion shll e mndtory for ll purchsers of dwelling units therein nd their successors nd ssigns. 4) The orgniztion shll e responsile for mintennce nd insurnce of common fcilities nd/or open spce. 5) The memers of the orgniztion shll shre equitly the costs of mintining, insuring, nd operting common fcilities nd/or open spce. 6) The orgniztion shll hve or hire dequte personnel to dminister, mintin, nd operte common fcility nd/or open spce. 7) The pplicnt for ny trct proposed to contin common fcilities nd/or open spce shll rrnge with the Town Assessor method of ssessment of the common fcilities nd/or open spce which will llocte to ech tx prcel in the development shre of the totl tx ssessment for such common fcilities nd/or open spce. Rel estte txes shll e pid y the individul unit owner directly to the Town. 8) Written notice of the proposed trnsfer of common fcilities nd/or open spce y the homeowner s ssocition or the ssumption of mintennce of common fcilities nd/or open spce must e given t ll memers of the orgniztion nd to the Town nd County t lest 39 dys prior to such event. Condominium Common fcilities nd/or equestrin fcilities shll e controlled through the use of condominium greements. Such greements shll e pproved y the Town/County Attorney nd shll e in conformnce with the Condominium Ownership Act of 1977 (Chpter 703, Wisconsin Sttutes), s mended. All open spce nd other common fcilities shll e held s common element y 137

8 the unit owners in the form of undivided percentge interests in ccordnce with the condominium documents. An ssocition of unit owners shll e formed to govern the ffirs of the condominium nd memership shll e mndtory. c Fee simple dediction to pulic gency. The Town/County or other pulic entity cceptle to the Town/County my, ut shll not e required to, ccept ny portion of the common fcilities nd/or open spce, provided tht: 1) There shll e no cost of cquisition (other thn costs incidentl to the trnsfer of ownership, such s title insurnce); 2) Any fcilities so dedicted shll e ccessile to the residents of the Town/County, if the Town/County so chooses; 3) The Town/County or other pulic entity shll mintin such common fcilities nd/or open spce. 4) The equestrin fcility owner shll hold conservtion esement on the lnd nd fcilities so dedicted, protecting the common fcilities nd/or open spce from development in perpetuity. d Dediction of conservtion esements to pulic gency. The Town/County or other pulic gency cceptle to the Town/County my, ut shll not e required to, ccept esements for pulic use of ny portion of the common fcilities nd/or open spce, title of which is to remin in privte ownership, provided tht: 1) There shll e no cost of esement cquisition (other thn costs incidentl to the trnsfer of ownership, such s title insurnce); 2) A stisfctory mintennce greement shll e reched etween the owner nd the Town/County. 3) Lnds under Town/County esement my or my not e ccessile to the residents of the Town/County. e Fee simple dediction to privte conservtion orgniztion. An owner my dedicte ny portion of the common fcilities to privte, notfor-profit conservtion orgniztion, provided tht: 1) The orgniztion is cceptle to the Town/County nd is on fide conservtion orgniztion; 2) The conveynce contins pproprite provisions for proper reverter or retrnsfers in the event tht the orgniztion ecomes unwilling or unle to continue crrying out its functions. 3) A mintennce greement cceptle to the Town/County is estlished etween the owner nd the orgniztion. f Trnsfer of esements to privte conservtion orgniztion. 138

9 1) The orgniztion is cceptle to the Town/County nd is on fide conservtion orgniztion; 2) The conveynce contins pproprite provisions for proper reverter or retrnsfer in the event tht the orgniztion ecomes unwilling or unle to continue crrying out its functions. 3) A mintennce greement cceptle to the Town/County is estlished etween the owner nd the orgniztion. g Ownership retined y the originl lndowner nd/or equestrin fcility owner. 1) The Town/County nd the residents of the development shll hold conservtion esements on the lnd protecting it from ny further development. 2) Resident ccess to the lnd is limited only y greement of the residents of the development, s indicted y documents signed t the time of purchse of individul dwelling units. h Other methods cceptle to the Kenosh County Deprtment of Plnning nd Development. 2 Mintennce nd opertion of common fcilities nd open spce. A pln nd nrrtive for the use, mintennce, nd insurnce of ll common fcilities nd open spce, including provisions for funding, shll e provided to nd pproved y the Kenosh County Deprtment of Plnning nd Development prior to preliminry pln pprovl. Such pln shll: 1) Define ownership; 2) Estlish necessry regulr nd periodic opertion nd mintennce responsiilities, including mowing schedules, weed control, plnting schedules, clering nd clenup. 3) Include mnure mngement pln. 4) Estimte stffing needs, insurnce requirements, nd other ssocited costs nd define the mens for funding the sme on n on-going sis. 5) At the discretion of the Kenosh County Deprtment of Plnning nd Development, the pplicnt my e required to escrow sufficient funds for the mintennce nd opertion costs of common fcilities nd open spce for mximum of one yer. In the event tht the orgniztion(s) estlished to own nd/or mintin common fcilities nd open spce, or ny successor orgniztion thereto, fils to mintin ll or ny portion of the foresid common fcilities in resonle order nd condition in ccordnce with the development pln nd ll pplicle lws, rules nd regultions, the Town/County my serve written notice upon such orgniztion, nd upon the residents nd owners of the uses relted thereto, setting forth the mnner in which the orgniztion hs filed to mintin the foresid common fcilities in resonle condition. Such notice shll set forth the nture of corrections required nd the time within which the 139

10 corrections shll e mde. Upon filure to comply within the time specified, the orgniztion, or ny successor orgniztion, shll e considered in violtion of this ordinnce, nd ny permits my e revoked or suspended. The Town/County my enter the premises nd tke corrective ction. c The costs of corrective ction y the Town/County shll e ssessed rtly, in ccordnce with tx ssessments, ginst the properties tht hve the right of enjoyment of the common fcilities nd open spce nd shll ecome lien on sid properties. The Town/County, t the time of entering upon such common fcilities nd open spce for the purpose of mintennce, shll file notice of such lien in the office of the County Register of Deeds upon the properties ffected y such lien. 3 Lesing of common fcilities nd/or open spce. Common fcilities nd/or open spce lnds my e lesed to nother person or other entity for use, opertion, nd mintennce, provided tht: c d e The residents of the development shll t ll times hve ccess to such lesed lnds, except in the cse of lese for griculturl purposes, in which cse the residents, with their greement, my e restricted from ccessing the lnds. The common fcilities nd/or open spce lnds to e lesed shll e mintined for the purpose set forth in the ordinnce. The opertion of such lesed common fcilities nd/or open spce lnds my e for the enefit of the residents of the development only, or my e open to the pulic, if so determined y the residents. The lese, nd ny trnsfer of ssignment thereof, shll e suject to the pprovl of the Town/County Bord. Lese greements so entered upon shll e recorded in the office of the County Register of Deeds within 30 dys of their execution, nd copy of the recorded lese shll e filed with the Town/County Bord. 4 Conservtion. Common fcilities nd open spce shll e restricted in perpetuity from further sudivision nd/or lnd development y deed restriction, conservtion esement, or other greement in form cceptle to the Kenosh County Deprtment of Plnning nd Development nd duly recorded in the office of the County Register of Deeds. 140