§ 17.241. EH ELDERLY HOUSING DISTRICT. (Cr. Ord. #45-95; Am. Ord. #38-99)
The EH Elderly Housing District is intended to provide for the orderly development, management and use of land in planned communities for the older residents of the Village. It is intended that all uses of land within the EH District shall comply with the Wisconsin Fair Housing Act and the Federal Fair Housing Act as amended at the date this section is adopted and as those acts may be amended from time to time in the future. The Village Board has determined that it is a right and proper public purpose to promote the health, safety and welfare of senior citizens. The EH District is intended to allow residential development at densities not to exceed an average of 10 units per acre in the District as measured in this section and to allow limited commercial and institutional uses and "significant facilities and services specifically designed to meet the physical or social needs of older persons," as that term is defined in section 17.08(77) of this chapter. The EH District is intended to provide a planned community setting, and initial consideration of the District shall include consideration of the layout of the District and the uses proposed therein.
(1)
PERMITTED USES.
(a)
Attached single-family elderly housing dwellings containing no more than 2 bedrooms per unit with attached private garages.
(b)
2-family elderly housing dwellings containing no more than 2 bedrooms per unit with attached private garages.
(c)
Multifamily elderly housing dwellings containing no more than 36 units per floor, with no more than 2 bedrooms per unit with enclosed parking.
(2)
ACCESSORY USES.
(a)
Multifamily . The following commercial uses may be permitted as accessory uses to permitted multifamily elderly housing uses, provided they are contained within the same building as the primary use and that the total area of the building dedicated to all accessory uses in the building does not exceed 10% of the total area of the building:
1.
Automated teller machines.
2.
Barber or beauty shops.
3.
Chapels.
4.
Convenience food stores.
5.
Dentist, physician or similar professional health offices.
6.
Drug stores.
7.
Laundry drop off and self-service laundry.
8.
Management office.
9.
Indoor recreation or health club facilities.
(b)
Single-Family and 2-Family . The following uses or structures may be permitted as accessory uses to attached single-family and 2-family elderly housing primary uses provided they do not exceed 5% of the EH District:
1.
One central maintenance equipment storage shed of not more than 1,152 square feet per 10 acres.
2.
Recreation building/social center.
3.
Swimming pools.
4.
Tennis courts.
(3)
CONDITIONAL USES. The uses listed below may be permitted in free standing buildings which may be on separate platted lots or on land occupied by multiple buildings or in buildings containing multiple uses. All conditional uses are intended to support the elderly community in which they are located. No more than 40% of the EH District may be dedicated to nursing home use. The total area within the EH District which is dedicated to other conditional uses shall not exceed 10% of the District in which they are situated.
(a)
Barber and beauty shops.
(b)
Book stores.
(c)
Convenience food stores, not including gasoline service stations.
(d)
Dentist, physician, optician or other similar professional health offices.
(e)
Drug stores.
(f)
Hobby shops.
(g)
Laundry and dry cleaning drop off and pickup service only.
(h)
Nursing homes, subject to the special lot, yard and building requirements contained in subsection (4)(c)2. below.
(l)
Residential quarters for caretaker/caregiver, contained in a detached single-family dwelling within the residential area of the EH District.
(j)
Restaurants, indoor service and affiliated patio or outdoor extension thereof, but no drive through service.
(k)
Self-service laundry.
(l)
Senior activity center.
(m)
Taxi stand or other transportation depot.
(3a)
TEMPORARY USES. (Cr. Ord. #20-09) Any use listed as an allowable use within the district of a limited duration as established in section 17.07(2a) of this chapter and as defined in section 17.08(90) of this chapter, including, but not limited to, the following uses:
(a)
Sale of farm produce, flowers, plants and similar seasonal items.
(4)
DISTRICT, LOT, YARD AND BUILDING REQUIREMENTS.
(a)
Size and Density . The EH District may be comprised of lands no less than 10 acres in size and no larger than 40 acres in size. Up to 25% of the wetlands and floodplain within the District may be counted in the density calculations for each use. Acreage for density calculations shall be net of road dedications.
(b)
Residential Uses . Residential uses shall be permitted at an average maximum density of 10 units per acre for the District.
1.
Attached Single-Family Units.
Number of contiguous units 3 minimum 6 maximum Floor area: One bedroom 800 sq. ft. minimum Two bedrooms 1,000 sq. ft. minimum Number of buildings 1.8 per acre maximum Lot coverage 35% maximum Setbacks: Front yard 40 ft. from ultimate right-of-way per adopted transportation plan or 40 ft. from center line of interior road Side yards 25 ft. from closest adjoining principal building or property line Rear yard 50 ft. from closest adjoining building within the District and 50 ft. from closest adjoining property line or District boundary. Number of stories 2 maximum Enclosed parking spaces 1.0 per unit minimum 2.
2-family Elderly Housing.
Floor area: One bedroom 800 sq. ft. per unit minimum Two bedrooms 1,000 sq. ft. per unit minimum Number of buildings 1.0 per acre maximum Lot coverage 35% maximum Setbacks: Front yard 40 ft. from ultimate right-of-way per adopted transportation plan or 40 ft. from centerline of interior road. Side yards 25 ft. from closest adjoining principal building or property line. Rear yard 50 ft. from closest adjoining principal building within the District or 50 ft. from closest adjoining property line or District boundary. Number of stories 2 maximum Enclosed parking spaces 1 per unit minimum 3.
Multifamily Elderly Housing.
Number of units 108 per building maximum Floor area per unit: Efficiency 400 sq. ft. minimum One Bedroom 600 sq. ft. minimum Two Bedrooms 800 sq. ft. minimum Lot coverage 35% maximum Setbacks: Front yard 3 times the height of the building from ultimate right-of-way per adopted transportation plan or 40 ft. from center line of interior road. Side yards 25 ft. from closest adjoining principal building or property line. Rear yard 50 ft. from closest adjoining principal building within the District or 3 times the height of the building from closest adjoining property line or District boundary. Height 35 ft. Maximum Parking 1 space per unit with at least 50% enclosed. (c)
Commercial Uses .
*Density 10% maximum Lot Coverage 80% maximum Setbacks: Front yard 40 ft. from ultimate right-of-way per approved transportation plan or 60 ft. from centerline of interior road. Side yards 25 ft. from closest adjoining principal building or property line. Rear yard 50 ft. from closest adjoining principal building within the District or 50 ft. from closest adjoining property line or District boundary. Number of stories 1 maximum **Parking and loading See section 17.45 of this chapter. * No more than 10% of the EH District may be dedicated to commercial uses. Since development may occur in a planned setting where there may be multiple uses on a lot, bulk requirements may be more appropriately measured in terms of required green space. Therefore, of the area used for commercial purposes within the EH District, 20% shall be reserved for green space.
** Except that required parking for commercial uses may be reduced by up to 50% at the time of site plan approval upon a showing by the applicant that alternative modes of transformation are available which will result in fewer trips per day per use.
(d)
Nursing Homes .
Density of District 40% maximum Lot coverage 70% maximum Green space 30% minimum Setbacks: Front yard 40 ft. from ultimate right-of-way per approved transportation plan or 60 ft. from center line of interior road. Side yards 25 ft. from closest adjoining principal building or property line. Rear yard 50 ft. from closest adjoining principal building within the District or 50 ft. from closest adjoining property line or District boundary. Number of stories 2 maximum Parking See section 17.45(1)(d) of this chapter, plus one loading area service vehicles. (5)
SITE PLAN APPROVAL REQUIRED. See sections 17.43 and 17.44 of this chapter. In evaluating the site plan for any portion of the EH District, the following criteria shall be considered:
(a)
Transportation design providing for adequate access between uses within the District (vehicular and pedestrian), and from the District to other community facilities which are attractive to residents of the District.
(b)
Compatibility with adjoining uses.
(c)
Compatibility of building design with design and location of adjoining buildings.
(d)
Suitability of terrain, soils and subsoils for the level of development proposed.
(e)
Coordination of uses within the District.
(f)
Proposed location of drives, parking, loading and walkways.
(g)
Proposed location, size and type of signage.
(6)
APPLICATION PROCEDURE AND REQUIRED INFORMATION. (Cr. Ord. #38-99)
(a)
Preliminary Consultation . An applicant may meet with the Plan Commission and appropriate Village staff members for a preliminary consultation prior to formally submitting a rezoning petition for Elderly Housing Zoning. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.
(b)
Rezoning Petition and General Development Plan . The applicant shall submit a rezoning petition in accordance with the application procedure described in section 17.51 of this chapter. In addition to the required information noted in section 17.51, a general development plan shall be submitted to the Plan Commission and Village Board for review 30 business days prior to any rezoning public hearing. The general development plan shall show the locations of buildings, common open space, parking and drive areas, recreation facilities, principal landscaping features and other major components of the proposed project.
(c)
Other Information . In addition, other documents or elated information or plans showing the architectural designs of the buildings may be required by the Plan Commission and the Village Board. This information shall also be submitted to the Plan Commission and the Village Board for review at least 30 business days prior to any rezoning public hearing. Other related information may include, but is not limited to, maintenance standards, plans of operation and economic impact and market feasibility.
(d)
Public Inspection . The general development plan and related information shall be available for public inspection prior to any rezoning hearing on the proposed project.
(e)
Detailed Plans and Information . After Elderly Housing zoning has been granted and the general development plan has been approved, detailed site plans and information covering that portion of the total project which is intended for construction shall be submitted to the Plan Commission for approval prior to issuance of building permit. The detailed plans and information shall conform substantially to the general development plan approved at the time of the rezoning. The detailed site plans and information shall comply with the requirements and procedures in section 17.41 of this chapter.