TITLE 13 Land Use Regulations. CHAPTER 1 Zoning Code

Transcription

1 TITLE 13 Land Use Regulations Zoning Code-Chapter 1 Page 1 of 116 Chapter1 Zoning Code Chapter2 Floodplain Zoning Chapter3 Shoreland-Wetland Zoning CHAPTER 1 Zoning Code Article A Introduction Authority Title General Purpose Intent and Purposes in View Abrogation and Greater Restrictions Interpretation Severability and Non-liability Repeal and Effective Date Reserved for Future Use Article B General Provisions Jurisdiction and General Provisions Use Regulations Site Regulations Height and Area Exceptions Reduction or Joint Use Home Occupations through Reserved for Future Use Article C Zoning Districts Zoning Districts and Map R Single and Two-Family Residence District M Multiple Residence District B Business and Commercial District I Industrial District PR Park and Recreation District C Conservancy District CO Conservancy Overlay District through Reserved for Future Use

2 Zoning Code-Chapter 1 Page 2 of 116 Zoning Code Article D Planned Unit Development (PUD) Conditional Use Planned Unit Development Conditional Use -- Intent Types of Planned Unit Development General Requirements for Planned Unit Developments Physical Requirements for Planned Unit Developments Requirements as to Public Services and Facilities Subsequent Land Division Procedural Requirements -- Intent Procedural Requirements for Planned Unit Developments Basis for Approval of the Petition for Planned Unit Development Determination of Disposition of the Petition Article E Conditional Uses Statement of Purpose -- Conditional Uses Authority of the Village Board; Requirements Initiation of Conditional Use Application for Conditional Use Hearing on Application Notice of Hearing on Application Standards -- Conditional Uses Denial of Application for Conditional Use Permit Conditions and Guarantees Validity of Conditional Use Permit Complaints Regarding Conditional Uses Bed and Breakfast Establishments through Reserved for Future Use Article F Nonconforming Uses. Structures and Lots Existing Nonconforming Uses Abolishment or Replacement of Nonconforming Uses Existing Nonconforming Structures Changes and Substitutions Reduced Building Setbacks through Reserved for Future Use Article G Traffic Visibility, Loading, Parking and Access Traffic Visibility Loading Requirements Parking Requirements Highway Access Through Reserved for Future Use

3 Article H Signs and Billboards Purpose of Sign and Billboard Regulations Signs and Billboards Definitions Permitted Signs Exceptions to Sign Regulations Prohibited Signs Dangerous and Abandoned Signs; Violations Variances or Exceptions Construction and Maintenance Regulations for Signs Specific Requirements Nonconforming Signs Wind Pressure an Dead Load Requirements Abandoned Billboards and Signs Zoning Code-Chapter 1 Page 3 of through Reserved for Future Use Article I Performance Standards -- Industrial Developments Article Intent Noise Vibration External Lighting Odor Particulate Emissions Visible Emissions Hazardous Pollutants and Reserved for Future Use Article J Signal Receiving Antennas; Wind Energy Systems Signal Receiving Antennas Special Use Permits Required -- Wind Energy Systems Permit Procedure -- Wind Energy Systems Specific Requirements Regarding Wind Energy Systems through Reserved for Future Use Article K Accessory Uses and Structures; Fences and Hedges Accessory Uses or Structures Outside Storage of Firewood Fences and Hedges Swimming Pools Ponds, Landscape Decorative Ponds, Fountains, Detention/Retention Ponds through Reserved for Future Use Article L Administration General Administrative System Zoning Administrator Role of Specific Village Officials in Zoning Administration Zoning Permit

4 Site Plan Approval Violations and Penalties Zoning Code-Chapter 1 Page 4 of through Reserved for Future Use Article M Changes and Amendments to the Zoning Code Authority Initiation of Changes and Amendments Procedure for Changes and Amendments Protest through Reserved for Future Use Article N Appeals Appeals to the Zoning Board of Appeals Hearing of Appeals Decisions of Board of Appeals Variations Review by Court of Record through Reserved for Future Use Article O Definitions Definitions

5 ARTICLE A Introduction Zoning Code-Chapter 1 Introduction-Article A Page 5 of 116 SEC AUTHORITY This Chapter is adopted under the authority granted by Sections 62.23(7) and of the Wisconsin Statutes and amendments thereto. State Law Reference: Section 62.23(7), Wis. Stats. SEC TITLE This Chapter shall be known as, referred to and cited as the "Zoning Code, Village of Howards Grove, Wisconsin and is hereinafter referred to as the Code or Chapter. SEC GENERAL PURPOSE The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the Village of Howards Grove, Wisconsin. SEC INTENT AND PURPOSES IN VIEW The general intent and purposes in view of this Chapter are to regulate and restrict the use of all structures, lands and waters and to: a) Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people; b) Divide the Village into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; c) Protect the character and the stability of the residential, business, manufacturing and other districts within the Village and to promote the orderly and beneficial development thereof; d) Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage; e) Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements; f) Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways; g) Secure safety from fire, panic, flooding, pollution, contamination and other dangers; h) Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the Village; i) Preserve and protect the beauty of the Village of Howards Grove; j) To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; k) To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; l) Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters; m) Further the maintenance of safe and healthful water conditions; n) Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects; o) Provide for and protect a variety of suitable commercial and industrial sites;

6 Zoning Code-Chapter 1 Introduction-Article A Page 6 of 116 p) Protect the traffic-carrying capacity of existing and proposed arterial streets and highways; q) Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Howards Grove; r) Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter. SEC ABROGATION AND GREATER RESTRICTIONS It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern. SEC INTERPRETATION In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be construed to be a limitation or repeal of any other power now possessed by the Village of Howards Grove. SEC SEVERABILITY AND NON-LIABILITY a) If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. b) If any application of this Chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment. c) The Village does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village Board, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this Chapter. SEC REPEAL AND EFFECTIVE DATE All other ordinances or parts of ordinances of the Village inconsistent or conflicting with this Chapter, to the extent of the inconsistency or conflict only, are hereby repealed. SEC RESERVED FOR FUTURE USE.

7 ARTICLE B General Provisions Zoning Code-Chapter 1 General Provisions-Article B Page 7 of 116 SEC JURISDICTION AND GENERAL PROVISIONS a) Jurisdiction. The jurisdiction of this Chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Howards Grove. b) Compliance. No new structure. new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this Chapter and all other applicable local, county and state regulations. c) District Regulations to be Complied With. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located. d) Yard Reduction or Joint Use. 1. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use. 2. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this Code shall be included as a part of a yard or other open space required for another building. e) One Main Building per Lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and there shall be no more than one (1) principal structure on one (1) lot or as permitted by conditional use. Structures which abut or are attached to one another shall be treated as separate structures unless their frames are permanently integrated with one another in a way that would prevent their separation without causing damage to one or both structures. Notwithstanding the above, decks, docks, porches and patios that are accessory to the principal use shall be considered a part of the principal structure if they abut within three (3) feet of the principal structure or are attached to it. f) Lots Abutting More Restrictive District. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two (2) districts which abut the district boundary line. SEC USE REGULATIONS Only the following uses and their essential services may be allowed in any district; a) Permitted Uses. Permitted uses, being the principal uses, specified for a district. b) Accessory Uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction. c) Conditional Uses. 1. Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article E of this Chapter excepting those existent at time of adoption of the Zoning Code. 2. Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption, of this Code require no action by the Villa e Board for them to continue as valid conditional uses, and the same shall be deemed to be "regular' conditional uses.

8 Zoning Code-Chapter 1 General Provisions-Article B Page 8 of Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article E of this Chapter. 4. Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of an previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article E of this Chapter. 5. Limited conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate. d) Uses Not Specified in Code. 1. Uses not specified in this Chapter which are found by the Village Board to be sufficiently similar to specified permitted uses for a district shall be allowed. 2. Uses not specified in this Chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after approval in accordance with Article E of this Chapter. SEC SITE REGULATIONS a) Street Frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of ninety (90) feet; cul-de-sac lots shall measure ninety (90) feet at the front building setback line. However, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. b) Principal Structures. All principal structures shall be located on a lot. Only one (1) principal structure shall be located, erected or moved onto a lot. The Village Board may permit as a conditional use more than one (1) principal structure per lot in any district where more than one (1) such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures. Structures which abut or are attached to one another shall be treated as separate structures unless their frames are permanently integrated with one another in a way that would prevent their separation without causing damage to one or both structures. Notwithstanding the above, decks, docks, porches and patios that are accessory to the principal use shall be considered a part of the principal structure if they abut within three (3) feet of the principal structure or are attached to it. c) Dedicated Street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured. d) Lots Abutting More Restrictive Districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than sixty (60) feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts. e) Site Suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Village Board, in applying the provisions of the Section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an

9 Zoning Code-Chapter 1 General Provisions-Article B Page 9 of 116 opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Village Board may affirm, modify or withdraw its determination of unsuitability. f) Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than one and one-half (1-1/2) horizontal to one (1) vertical, within a distance of twenty (20) feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion. g) Decks. For purposes of this Chapter, decks and porches shall be considered a part of a building or structure if located closer than four (4) feet to the building. SEC HEIGHTS AND AREA EXCEPTlONS The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions: a) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials; microwave radio relay structures; telephone, telegraph and power poles and lines and necessary mechanical appurtenances are hereby excepted from the height regulations of this Code and may be erected in accordance with other regulations or codes of the Village. b) Where a lot abuts on two (2) or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of one hundred twenty (120) feet from the line of the higher average established grade. c) Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be compile with. d) Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than twelve (12) inches. e) Open or enclosed fire escapes and fire towers may project into a required yard not more than five (5) feet and into a required court not more than three and one-half (3-1/2) feet, provided it be so located as not to obstruct light and ventilation. SEC REDUCTION OR JOINT USE No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use. SEC HOME OCCUPATIONS Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. a) Standards. In addition to all of the standards applicable to the district in which it is located, no home occupation shall he permitted unless it complies with the following standards:

10 Zoning Code-Chapter 1 General Provisions-Article B Page 10 of No more than one (1) person other than a member of the immediate family occupying such dwelling unit shall be employed 2. No stock in trade (except articles produced by the members of the immediate family residing on the premises) shall be displayed or sold on the premises. 3. No alteration of the principal building shall be made which changes the character thereof as a dwelling. 4. (4) No more than twenty-five percent (25%) of the area of one (1) story of a single-family dwelling nor more than twenty percent (20%) of the area of any other dwelling unit shall be devoted to the home occupation, provided, however, that rooms let to roomers are not subject to this limitation. 5. No extensive mechanical equipment other than normal domestic or household equipment shall be used. 6. The home occupation shall be conducted entirely within the principal residential building, or in a permitted private garage accessory thereto. 7. There shall be no outside storage of equipment or materials used in the home occupation. 8. No signs shall be permitted other than those permitted by the applicable regulations in Article H. b) Particular Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations: 1. Dressmakers, seamstresses, tailors. 2. Music teachers, provided that the instruction shall be limited to one (1) pupil at a time except for occasional groups. 3. Artists, sculptors, or authors. 4. Computer, technical and clerical workers. 5. Lawyers, architects, engineers, realtors, insurance agents, brokers and members of similar professions. 6. Ministers, rabbis, or priests. c) Particular Occupations Prohibited. Permitted home occupations shall not in any event be deemed to include: 1. Barber shop, unless specifically permitted by the district regulations. 2. Beauty parlors, unless specifically permitted by the district regulations. 3. Dancing schools. 4. Funeral homes. 5. Nursery schools. 6. Restaurants. 7. Small engine repair shops. 8. Renting of trailers. 9. Clinics or hospitals. 10. Repair shops or service establishments 11. Animal kennels or hospitals, or stables. SEC CHARGES FOR SERVICES RELATED TO DEVELOPMENT All persons proposing an action that requires the issuance of a building permit, conditional use permit, map approval, plat approval, or rezoning approval by the Village or any of its Commissions, Committees, Officers or other agent shall pay such reasonable and necessary charges for professional services incurred by the Village for the review, administration, investigation, and processing of the application.

11 Zoning Code-Chapter 1 General Provisions-Article B Page 11 of 116 Professional Services shall include, but are not limited to, planning, engineering, legal and related services. Such charges shall be in addition to any other filing, permit, publication or meeting fees, charges or costs otherwise payable by the applicant. A Schedule of Standard Charges for professional services related to development may be developed, and amended from time to time, by the Village Clerk, Building Inspector and Board within two (2) months after the date of adoption of this ordinance, and subsequently submitted to the Village Board for review and approval. After approval by resolution of the Village Board, the schedule of standard charges shall be maintained by the Village Clerk, and shall provide copies to any person upon reasonable request. SEC THROUGH SEC RESERVED FOR FUTURE USE.

12 ARTICLE C Zoning Districts Zoning Code-Chapter 1 Zoning Districts-Article C Page 12 of 116 SEC ZONING DISTRICTS AND MAP a) Districts. Eight (8) zoning districts are provided in the Village of Howards Grove as follows: 1. R1 & R2 Single and Two-Family Residence District. 2. M Multiple Residence District. 3. B Business and Commercial District. 4. I Industrial District. 5. PR Park and Recreation District. 6. F Flood Plain Overlay District (see the supplementary flood plain zoning ordinance which is entitled "Flood Plain Zoning", found in Title 13, Chapter 2 of this Code. Said supplemental flood plain ordinance is hereby incorporated by reference as part of this Chapter as if fully included herein.) 7. C Conservancy District. 8. CO Conservancy Overlay District b) Zoning Maps. The boundaries of the districts are as indicated on the Zoning Map of the Village, a copy of which is on file in the office of the Village Clerk-Treasurer. Floodland district boundaries have been transferred directly from maps prepared by Wade Engineering dated April 14, 1982, as approved by the Department of Natural Resources under the Foodplain- Shoreland Mapping Grant Program. The Zoning Map, with all notations, references and other matters shown thereon, is as much a part of this Chapter as if specifically set forth herein. No buildings shall be erected or altered nor shall any building or premises be used for any purpose other than those which are permitted in the district in which the building or premises is located, except as specifically permitted in Article F, which relates to nonconforming uses. c) Changes. Changes thereafter to the general zoning districts shall be entered and attested. Changes in the Floodland Districts shall not become effective until approved by the Wisconsin Department of Natural Resources. d) Boundaries. If uncertainties exist with respect to the intended boundaries of the zoning districts shown on the zoning map, the following rules shall apply: 1. The district boundaries are the center lines of streets unless otherwise directed, and where the designation of a boundary line on the zoning map coincides with the location of a street, the center line of such street shall be construed to he the boundary of such district. 2. Where the district boundaries coincide with lot lines, such lot lines shall be construed to be the boundary of such district. 3. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks with lots, the district boundaries shall be construed to be lot lines, and where the designations on the zoning map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district. 4. In unsubdivided property, the district boundary lines shown on the zoning map are intended to be section lines, quarter section lines and quarter quarter section lines, and where the district boundaries cross the quarter quarter sections, north-south or east-west, the district boundary line shall be the line through the center of the quarter section. 5. In unplatted areas less than ten (10) acres in area, the district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the zoning map. e) Annexations. Any property annexed to the Village shall be placed in the R1 Single-Family Residence District unless the annexation ordinance temporarily places the land in another district. f) Vacation of Streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

13 SEC R1 AND R2 SINGLE AND TWO-FAMILY RESIDENCE DISTRICT Zoning Code-Chapter 1 Zoning Districts-Article C Page 13 of 116 a) Purpose and Intent. To establish and preserve quiet, low density neighborhoods providing a suitable environment for family life, free from uses except those which are both compatible and convenient to the residents of such districts. b) Permitted Uses. The following uses and their customary accessory uses are permitted in R-1 and R-2 unless otherwise designated: 1. Detached single-family dwellings in R-1 or R-2 zoning. 2. Home occupations and professional home offices. 3. Public parks and playgrounds. 4. Essential services. (See definitions ) 5. Two-family dwellings (Duplex) only in R-2 zoning. 6. Attached or semi-detached single-family dwellings only in R-2 zoning. 7. State-licensed community living arrangements servicing eight (8) or fewer residents, unless a conditional use permit is required as provided by Wis. Stats 62.23(7)(i)(9). c) Conditional Uses. The following uses may be permitted after review and approval by the Plan Commission and Village Board under the procedures of Article E of this Chapter: 1. R1 Conditional Uses a. Planned residential developments. b. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. c. Schools or educational facilities. d. Churches or religious institutions. e. Unlighted private parks. f. Bed and breakfast establishments as defined in Article E ( ). g. State-licensed community living arrangements servicing nine (9) or more residents. 2. R2 Conditional Uses a. Planned residential developments. b. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. c. Schools or educational facilities. d. Churches or religious institutions. e. Unlighted private parks. f. Bed and breakfast establishments. g. State-licensed community living arrangements servicing nine (9) or more residents. d) Area Requirements. 1. Lot Width. Minimum ninety (90) feet abutting a dedicated street. a. Single Family. Minimum ninety (90) feet width abutting a dedicated street b. Two Family. Minimum one hundred twenty (120) feet width at the building setback line abutting a dedicated street for lots created after August 21, Lot Area. Minimum ten thousand (10,000) square feet. 3. Setbacks. a. Yard Front. Minimum thirty (30) feet. b. Rear: Minimum thirty (30) feet. c. Side: i. Minimum of ten (10) feet for two-family lots created before August 21, 2007 and all single family zoning ii. Minimum of twenty (20) feet for two-family lots created after August 21, Maximum Building Height.

14 Zoning Code-Chapter 1 Zoning Districts-Article C Page 14 of 116 a. Principal Buildings: Thirty-five (35) feet. b. Accessory Structures: Fifteen (15) feet. (e) Building Height and Area Single Family Principal Building 1. The total minimum area square footage of a one (1) story single-family principal building shall be one thousand three hundred (1,300) square feet. 2. The minimum first floor area square footage of a two (2) story principal building shall be seven hundred fifty (750) square feet. 3. A tri-level dwelling shall have a minimum area square footage of four hundred twenty five (425) square feet per habitable level. 4. The basement area shall be a minimum of four hundred twenty five (425) square feet and a minimum height of seven (7) feet. 5. The minimum width between the longest exterior sides of the structure shall be 24 feet. 6. Porches, garages, breezeways, storage appurtenances, carports, and basements shall not be included in calculating the minimum area square footage. See definitions (f) Building Height and Area Two-Family Principal Building 1. The total minimum area square footage of a one (one) story two-family principal building shall be one thousand (1,000) square feet per unit. 2. The minimum first floor area square footage of a two (2) story two-family principal building shall be seven hundred fifty (750) square feet per unit. 3. The basement area shall be a minimum of four hundred twenty five (425) square feet per unit and a minimum height of seven (7) feet. 4. The minimum width between the longest exterior sides of the structure shall be 24 feet per unit. 5. Porches, garages, breezeways, storage appurtenances, carports, and basements shall not be included in calculating the minimum area square footage. See definitions SEC M MULTIPLE RESIDENCE DISTRICT a) Purpose and Intent. To establish and preserve medium density residential developments in quiet multi-family neighborhoods, providing a suitable environment for family life, free from other uses except those which are both compatible with and convenient to the residents of such district. b) Permitted Uses. 1. Three- or Four-unit multiple-family dwellings provided a site plan is approved by the Village Board under the procedures of this Chapter. 2. Two-family dwellings (duplex). 3. Home occupations and professional home offices. 4. Public parks and playgrounds. 5. Essential services. (See definitions ) 6. State-licensed community living arrangements servicing eight (8) or fewer residents 7. State-licensed community living arrangements servicing nine (9) to fifteen (15) residents. c) Conditional Uses. The following uses may be permitted after review and approval of the Plan Commission and Village Board under Article E of this Chapter; 1. Five-unit or more multiple-family dwellings with approved site plan. 2. Single-family dwellings. 3. Planned residential developments. 4. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. 5. Schools or educational facilities. 6. Churches or religious institutions. 7. Unlighted private parks, commercial swimming pools and similar commercial recreational facilities provided they are on lots fronting and have principle driveway access to an arterial

15 Zoning Code-Chapter 1 Zoning Districts-Article C Page 15 of 116 street and are located, planned and designed to avoid undue noise or other nuisances and dangers. 8. Private clubs and fraternal or organizations. 9. Utility office buildings and related structures. 10. Rest homes, nursing homes, homes for the aged and child or adult day care centers. 11. Bed and breakfast establishments. 12. State-licensed community living arrangements servicing more than fifteen (15) residents. d) Area Requirements. 1. Lot Width. Minimum one hundred (100) feet abutting a dedicated street. a. Area: Minimum twelve thousand (12,000) square feet. 2. Lot Area Per Unit. Minimum twelve thousand (12,000) square feet. a. Efficiency: Minimum two thousand (2,000) square feet. b. One Bedroom: Minimum two thousand five hundred (2,500) square feet. c. Two and Three Bedroom: Minimum three thousand (3,000) square feet. 3. Maximum Building Area. Forty percent (40%) total lot area. 4. Setbacks. a. Yard Front. Minimum thirty (30) feet. b. Rear: Minimum fifty (50) feet. c. Side: Minimum twenty (20) feet. 5. Maximum Building Height. a. Principal Buildings: Thirty-five (35) feet. b. Accessory Structures: Fifteen (15) feet. SEC B BUSINESS AND COMMERCIAL DISTRICT a) Purpose and Intent. To provide an opportunity for the consumer population to purchase a wide variety of goods and services which are either centrally located or close in proximity to major thoroughfares which serve the surrounding residential neighborhood. b) Permitted Uses. The following uses and their customary accessory uses are permitted provided that an initial site plan is approved by the Plan Commission and Village Board under the procedures of Article E of This Chapter. Subsequent operators of the same use type are not required to submit a site plan, unless proposing changes to the physical characteristics of the property. 1. Business and professional offices. 2. Any lawful retail store, unless listed below as conditional. 3. Restaurants or food service businesses. 4. Banks and financial institutions. 5. Radio and television broadcasting stations excluding towers and relay equipment. 6. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. 7. Municipal sewage treatment plants. 8. Public park and recreational facilities. 9. Tents or tent-like structures used exclusively for the sale of farm produce, flowers or plants, or if erected for less than 7 days within any 30 day period. 10. Essential services. (See definitions ) c) Conditional Uses. The following uses may be permitted after review and approval by the Plan Commission and Village Board under Article E of this chapter: 1. Private parks and recreational facilities. 2. Private clubs and fraternal organizations.

16 Zoning Code-Chapter 1 Zoning Districts-Article C Page 16 of Commercial swimming pools and similar commercial recreational facilities provided they are on lots having principle driveway access to arterial streets and are located, planned and designed to avoid undue noise or other nuisances and dangers. 4. Child or adult day care centers 5. Rest homes or nursing homes. 6. State-licensed community living arrangements servicing nine (9) or more residents. 7. Wholesale establishments confined to indoor storage. 8. Outdoor storage areas for any permitted or conditional uses. 9. Repair and service businesses, including auto repair and service stations. 10. Hotels, motels and resorts. 11. Churches or religious institutions. 12. Utility office buildings and related structures. 13. Living quarters for watch persons or caretakers of any permitted or conditional use facilities. 14. Tavern and cocktail lounges. 15. Theatres but not including outdoor drive-in theatres. 16. Bowling alleys. 17. Greenhouses 18. Animal hospitals, kennels, shelters and pet shops. 19. Clinics. 20. Tents or tent-like structures, unless (i) used exclusively for the sale of farm produce, flowers or plants, or (ii) if erected for less than 7 days within any 30 day period. d) Area Requirements. 1. Lot Width. Minimum ninety (90) feet. 2. Minimum Lot Area. Sufficient to meet setback requirements. 3. Setbacks. a. Yard Front. Minimum twenty-five (25) feet. b. Rear: Minimum fifteen (15) feet. c. Side: Minimum ten (10) feet. 4. Maximum Building Height. Forty-five (45) feet. 5. Plans and Specifications to be Submitted to the Plan Commission and Village Board. Zoning permits shall not be issued without review and approval of the Plan Commission and Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans. SEC I INDUSTRIAL DISTRICT a) Purpose and Intent. To establish and accommodate existing industrial uses and to preserve and protect land designated through land use planning for industrial development and use, from the intrusion of certain incompatible uses which may impede the development and use of lands for industrial purposes. b) Permitted Uses. The following uses and their customary accessory uses are permitted provided a site plan is approved by the Plan Commission and Village Board under the procedures of Article E of this Chapter: 1. Wholesale establishments confined to indoor storage. 2. Repair and service businesses. 3. Radio and television broadcasting stations excluding towers and relay equipment. 4. Tents or tent-like structures used exclusively for the sale of farm produce, flowers or plants, or if erected for less than 7 days within any 30 day period. 5. Municipal sewage treatment plants. 6. Essential services. (See definitions )

17 Zoning Code-Chapter 1 Zoning Districts-Article C Page 17 of 116 c) Conditional Uses. All uses in this district are conditional uses due to potential neighborhood and environmental concerns. After review and approval of the Plan Commission and Village Board under Article E of this Chapter, the subsequent uses may be permitted but not limited to the following: 1. Any lawful retail store. 2. Banks and financial institutions. 3. Public park and recreational facilities. 4. Automotive upholstery. 5. Automotive body repairs. 6. Bottling plants. 7. Building material sales and storage. 8. Business and professional offices. 9. Cleaning, pressing and dying. 10. Commercial bakeries. 11. Commercial greenhouses. 12. Distributors. 13. Food locker plants. 14. Freight terminals. 15. Printing. 16. Publishing. 17. Trade and contractor's office and/or outside storage area. 18. Warehousing. 19. Wholesaling. 20. Farm machinery plants. 21. Machine shops. 22. Painting. 23. Manufacture, fabrication, compacting, packaging and assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles and wood. 24. Manufacture, fabrication, processing, packing and packaging of confections, cosmetics, electrical appliances, electronic devices, food, instruments, jewelry, pharmaceuticals, tobacco and toiletries. 25. Storage and sale of machinery and equipment. 26. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. 27. Living quarters for watch persons or caretakers of any permitted or conditional use facilities. 28. Tents or tent-like structures, unless (i) used exclusively for the sale of farm produce, flowers or plants, or (ii) if erected for less than 7 days within any 30 day period. d) Area Requirements. 1. Lot Width. Minimum one hundred (100) feet. 2. Area. Minimum twenty thousand (20,000) square feet. 3. Setbacks. a. Yard Front. Minimum fifty (50) feet. b. Rear: Minimum twenty-five (25) feet. c. Side: Minimum twenty-five (25) feet. 4. Maximum Building Height. Forty-five (45) feet. 5. Plans and Specifications to be Submitted to the Plan Commission and Village Board. Zoning permits shall not be issued without review and approval of the Plan Commission and Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

18 SEC PR PARK AND RECREATION DISTRICT Zoning Code-Chapter 1 Zoning Districts-Article C Page 18 of 116 a) Purpose and Intent. The PR Park and Recreation District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent use. b) Permitted Uses. The following uses and their customary accessory uses are permitted provided an initial site plan is approved by the Plan Commission and Village Board under the procedures of Article E of this Chapter. Subsequent operators of the same use type are not required to submit a site plan, unless proposing changes to the physical characteristics of the property: 1. Boat access sites. 2. Forest reserves (wilderness areas). 3. Historic and monument sites. 4. Parks, general recreation. 5. Picnicking areas. 6. Play lots or tot lots. 7. Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters and museums. 8. Municipal sewage treatment plants. 9. Essential services (See definitions ) c) Conditional uses 1. Tents or tent-like structures, unless (i) used exclusively for the sale of farm produce, flowers or plants, or (ii) if erected for less than 7 days within any 30 day period. 2. Golf courses 3. Golf driving ranges. 4. Miniature golf. 5. Group or organized camps. 6. Hunting and fishing clubs. 7. Playgrounds. 8. Play fields or athletic fields. 9. Skating parks, including skateboarding, rollerblading/skating, or ice skating. 10. Cross-country skiing trails and skiing or tobogganing hills. 11. Tennis courts. d) Accessory Uses. Buildings accessory to the permitted recreational use. e) Area Requirements. 1. Lot Area and Width. Lots in the PR district shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas as required by this Chapter and all required yards. 2. Building Height. No building or parts of a building shall exceed thirty-five (35) feet in height. 3. Setbacks and Yards. No building or structure shall be erected, altered or moved closer than fifty (50) feet to a lot line. 4. Plans and Specifications to be Submitted to the Plan Commission and Village Board. To encourage and insure that recreational development is environmentally compatible with other uses and the residential nature and character of the Village, zoning permits for permitted uses in the PR District shall not be issued without review and approval of the Village Board. Such review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading and landscape plans.

19 C CONSERVANCY DISTRICT Zoning Code-Chapter 1 Zoning Districts-Article C Page 19 of 116 a) Purpose and Intent. The primary purpose of the C District is to preserve, protect, and enhance the lakes, streams, swamps, marshes, bogs, other wetlands, woodlands, and related scenic areas in the Village of Howards Grove. The proper regulation of these areas will serve to maintain and improve ground water and surface water quality; prevent flood damage; protect fish and wildlife habitat; prohibit the location of structures on soils which generally are not suitable for such use; protect natural watersheds; control erosion and sedimentation, and promote and maintain the natural beauty of the Village. In addition the C District will seek to assure the preservation and protection of water based recreation and open space resources, areas of significant topography, natural watersheds, ground and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the Village. This District recognizes that undisturbed wetlands/ woodlands serve as natural purifiers for surface waters and as protective buffers at the land/water interface. b) Lands Included. The C District shall include minimally all areas delineated as swamps, marshes, bogs, and other wetlands on the Shoreland Zoning Map, Sheboygan County, Wisconsin as described in the SHORELAND-FLOODPLAIN ORDINANCE, SHEBOYGAN COUNTY, WISCONSIN, as well as those shoreland, woodland, wetland and other areas identified as being of local concern. c) Permitted Uses. The following uses are permitted in the C District provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping; filling; extension of cultivated areas; mineral, soil or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography: 1. Dugout ponds and level ditches. 2. Flood overflow and movement of water. 3. Forestry and game management 4. Fishing, wildlife preserves, and other historic/scientific areas 5. Parkland and recreation areas not including the location or erection of buildings or structures. 6. Wild crop harvesting including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds. d) Conditional Uses. The following uses are conditional in the C District: 1. Hiking trails 2. Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops. e) Area, Height, and Yard Requirements. None; no buildings or structures permitted except as provided under (d)(2) above, or by special exception. SEC CO CONSERVANCY OVERLAY DISTRICT a) Purpose and Intent. The purpose of the CO District is identical to that of the C District. The CO District shall be applied rather than the C District in situations in which use of the C District would split a parcel into two zoning classifications, i.e., where the boundary of the C District does not follow the parcel boundary. In such cases, such part of the parcel intended to be subject to conservancy restrictions shall be subject to the CO District, and the underlying zoning classifications shall control permissible uses on the balance of the parcel. b) Lands Included. See Section for a description of the land to be included. c) Permitted Uses. The following uses are permitted in the CO District provided that such uses are conducted in accordance with sound conservation practices and do not involve dumping;

20 Zoning Code-Chapter 1 Zoning Districts-Article C Page 20 of 116 filling extension of cultivated areas; mineral, soil or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, or topography: 1. Dugout ponds and level ditches 2. Flood overflow and movement of water 3. Forestry and game management 4. Fishing, wildlife preserves, and other historic/scientific areas 5. Parkland and recreation areas not including the location or erection of buildings or structures. 6. Wild crop harvesting including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds. d) Conditional Uses. The following uses are conditional in the C District: 1. Hiking trails 2. Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops. e) Area, Height, and Yard Requirements. None; no buildings or structures permitted except as provided under (d)(2) above, or by special exception. SEC THROUGH SEC RESERVED FOR FUTURE USE