Athens City Zoning Code
ARTICLE III
Zoning Districts
§ 480-13 Zoning districts designated. [1]
For the purpose of this chapter, the Village of Athens is hereby divided into the following 16 zoning districts:
R-1 | Single-Family Residential District (Low Density) |
R-2 | Single-Family Residential District (Medium Density) |
R-3 | Two-Family Residential District |
R-4 | Multiple-Family Residential District |
R-5 | Mobile Home Park Residential District |
R-6 | Residential Estate District |
C-1 | Conservancy District |
B-1 | General Commercial District |
B-2 | Highway Commercial District |
B-3 | Business Park District |
I-1 | Industrial District |
A-1 | Agricultural District |
PUD | Planned Unit Development District |
WP | Wellhead Protection Overlay District |
AEO | Adult Entertainment Overlay District |
§ 480-14 District boundaries.
A.
Zoning Map. The boundaries of the districts enumerated in § 480-13 above are hereby established as shown on a map titled "Zoning Map, Village of Athens, Wisconsin," as amended, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk and shall be available to the public in the office of the Village Clerk.
B.
Boundary lines. The boundaries shall be construed to follow corporate limits, United States Public Land Survey lines, lot or property lines, center lines of streets, highways, alleys, easements and railroad rights-of-way, or such lines extended unless otherwise noted on the Zoning Map. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and 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.
C.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance temporarily places the land in another district.
§ 480-15 R-1 Single-Family Residential District (Low Density).
A.
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a low dwelling unit per acre density. The primary emphasis of this district is new development areas.
B.
Permitted uses. The following uses of land are permitted in the R-1 District:
(1)
Single-family detached dwellings, served by public sewer, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Zoning Administrator and/or Village Engineer; the Zoning Administrator may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.
(e)
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Athens.
(3)
One private garage with not more than three stalls for each residential parcel, per § 480-82 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(7)
Family day care, limited to eight children. Family day-care homes shall be subject to state licensing requirements.
(8)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas regulators, etc.).
(5)
Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics of the district.
(7)
Parks and playgrounds.
(8)
Planned residential developments.
(9)
Golf courses and private clubs.
(10)
Nursery schools.
(11)
Single-family detached dwellings not served by public sewer, excluding mobile homes; for purposes of this chapter, manufactured homes are included in the definition of "single-family dwelling."
(12)
Cemeteries.
§ 480-16 R-2 Single-Family Residential District (Medium Density).
A.
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a medium dwelling unit per acre density. It particularly reflects older neighborhoods in the Village.
B.
Permitted uses. The following uses of land are permitted in the R-2 District:
(1)
Single-family detached dwellings served by public sewer, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Zoning Administrator and/or Village Engineer; the Zoning Administrator may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.
(e)
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Athens.
(3)
One private garage with not more than three stalls for each residential parcel, per § 480-82 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity for eight or fewer persons.
(7)
Family day care limited to eight children. Family day-care homes shall be subject to state licensing requirements.
(8)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
C.
Conditional uses. The following are permitted as conditional uses within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas regulators, etc.).
(5)
Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics of the district.
(7)
Parks and playgrounds.
(8)
Planned residential developments.
(9)
Golf courses and private clubs.
(10)
Nursery schools.
§ 480-17 R-3 Two-Family Residential District.
A.
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of primarily two-family dwelling units, particularly in new subdivisions and growth areas.
B.
Permitted uses.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Multiple-family dwellings.
(3)
Golf courses and private clubs.
(4)
Planned residential developments.
(5)
Lodge and fraternal buildings.
(6)
Nursing homes.
(7)
Nursery schools and day-care centers.
(8)
Retirement homes.
(9)
Utilities.
(10)
Schools and churches.
(11)
Government, cultural and public buildings or uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(12)
Single-family homes.
(13)
Family day care, limited to eight children. Family day-care homes shall be subject to state licensing requirements.
D.
Area, height and yard requirements.
§ 480-18 R-4 Multiple-Family Residential District.
A.
Purpose. The purpose of this district is to provide the opportunity for construction and maintenance of multiple-family dwelling units at varying dwelling unit per acre densities.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Professional home offices and home occupations.
(3)
Planned residential developments.
(4)
Golf courses and private clubs.
(5)
Barbering and beauty culture.
(6)
Utilities.
(7)
Schools and churches.
(8)
Government, cultural, and public uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.
(9)
Nursery schools.
(10)
Retirement homes.
(11)
Day-care centers (state licensed).
D.
Area, height and yard requirements.
E.
Other development regulations.
(1)
The recreation space ratio, defined as the minimum square footage of recreation space required for each square foot of floor area, shall be not less than 0.16. The floor area ratio, defined as the maximum square footage of total floor area permitted for each foot of floor area, shall be not more than 0.32. The open space ratio, defined as the minimum square footage of open space required for each square foot of floor area, shall be not less than two. The living space ratio, defined as the minimum square footage of nonvehicular outdoor space required for each square foot of floor area, shall be not less than 1.2.[1]
(2)
A site development plan, prepared in accordance with § 480-93 of this chapter, shall be submitted before a permit can be granted for any use in this district.
(3)
No outdoor storage of any material shall be permitted in this district except within enclosed containers.
(4)
No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.
§ 480-19 R-5 Mobile Home Park Residential District.
A.
Purpose.
(1)
The R-5 District is intended to aid in providing for the mobile home needs of the community at a comparatively high density in areas that have community services available. The district is established to provide a regulatory framework designed to encourage and promote improved environmental design and allow for greater flexibility in the establishment and development of mobile home parks while ensuring substantial compliance with the basic intent of the Zoning Code and the general plan for community development. This district is further intended to encourage rational and economic development with relationship to public services and to encourage and facilitate the preservation of open spaces.
B.
Permitted uses. Land may be used for the location of mobile homes and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes:
C.
Nonconforming use outside parks; replacement.
(1)
Mobile homes legally located and occupied on premises outside a licensed mobile home park prior to the enactment of this section may be continued in such location, provided that such use and occupancy are otherwise in conformity with the applicable laws and regulations of the state and Village. Such nonconforming use shall automatically terminate upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home exceed 50% of the net value.
(2)
Nothing herein shall prevent the owner of a mobile home under Subsection C(1) hereof from replacing the mobile home with a model of better physical condition, as determined by Village officials, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement, not at the date of manufacture of the replacement unit.
D.
Temporary placement. It shall be unlawful or any person to park, store or locate any mobile home in the Village of Athens at any site other than a licensed mobile home park complying with the requirements of this district, except that the Village Board may authorize temporary parking or storing of a mobile home outside of a mobile home park until such time as a proper parking space is available in an authorized mobile home park within the Village. At such time, the owner or occupant of such mobile home shall relocate the mobile home to the mobile home park within 120 days. Persons temporarily locating a mobile home outside of a mobile home park pursuant to this subsection shall, as a condition to such placement, enter into a contract with the Village agreeing to fully comply with the requirements of this subsection.
§ 480-20 R-6 Residential Estate District.
A.
Purpose. The R-6 Residential Estate District is intended to provide for a single-family residential countryside estate development, at densities not to exceed one dwelling unit per gross two or more acres, served by municipal sewer and water facilities. This district is for executive/estate type large lots of a rural or estate character.
B.
Permitted uses. The following uses are permitted in the R-6 District:
(1)
Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the State Building Inspector and/or Village Engineer; the State Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.
(e)
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Athens.
(3)
Community living arrangements which have a capacity for eight or fewer persons subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.
C.
Conditional uses.
(1)
Utility substations.
(2)
Solar collectors erected as an accessory structure.
(3)
Community living arrangements which have a capacity for nine or more persons.
(4)
Single-family dwelling units meeting the requirements of this section served by private sewer and water systems where the Village determines public service is impractical.
D.
E.
Other development standards.
(1)
Rural cross section streets may be permitted with special permission from the Village Board under the following circumstances and conditions of development:
(a)
Minimum roadway design standards:
(b)
Where rural cross sections are used, the developer shall submit and the Village Board shall approve detailed grading plans for the swale network. The swale system shall be installed at time of street work and shall be designed as a component of the stormwater management plan.
(c)
A culvert installation permit and detailed lot grading permit shall be granted by the Wastewater/Water Operator in charge prior to any disturbance of the site associated with grading, excavation or culvert installation. The developer shall secure a performance bond or deposit of $500 plus 25% of the total cost to ensure appropriate culvert installation and shall pay an administrative and inspection fee as prescribed in the Village Fee Schedule prior to the granting of a culvert installation permit.[4]
(2)
Livestock such as, but not limited to, cattle, swine, horses, ponies, poultry and other fowl may only be allowed in the R-6 District following issuance of a conditional use permit after public hearing. As a general policy guideline, the R-6 District is not intended to be used for intensive raising or boarding of livestock or fowl. A conditional use permit for livestock or fowl may only be issued if such use is compatible with the neighborhood.
§ 480-21 C-1 Conservancy District.
A.
Purpose. The purpose of this district is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational, or aesthetic value of the community.
B.
Permitted uses.[1]
(1)
Farming and related agricultural uses when conducted in accordance with conservation standards.
(2)
Forest and game management.
(3)
Hunting, fishing and hiking.
(4)
Parks and recreation areas; arboreta; botanical gardens; greenways.
(5)
Stables.
(6)
Nonresidential buildings used solely in conjunction with the raising of waterfowl or fish.
(7)
Harvesting of wild crops.
(8)
Recreation-related structures not requiring basements.
C.
Conditional uses.[2]
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage and ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Planned residential developments.
(10)
Sewage disposal plants.
(11)
Governmental, cultural and public buildings or uses.
(12)
Utilities.
(13)
Hunting and fishing clubs.
(14)
Professional home offices.
(15)
Farm structures.
§ 480-22 B-1 General Commercial District.
A.
Purpose. The B-1 District is intended to provide an area for the business, financial, professional, and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.
B.
Permitted uses. The following uses of land are permitted in the B-1 District:
(1)
Paint, glass and wallpaper stores. [523]
(2)
Hardware stores. [525]
(3)
Department stores, variety stores, general merchandise stores. [53]
(4)
General grocery stores, supermarkets, fruit and vegetable stores, delicatessens, meat and fish stores and miscellaneous food stores. [54]
(5)
Candy, nut or confectionery stores. [544]
(6)
Dairy products stores, including ice cream stores. [545]
(7)
Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery. [546]
(8)
Clothing and shoe stores. [56]
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores. [57]
(10)
Restaurants, lunch rooms and other eating places, except drive-in-type establishments. [5812]
(11)
Taverns, bars and other drinking places with permit by Village Board. [5813]
(12)
Drugstores and pharmacies. [591]
(13)
Liquor stores. [592]
(14)
Antique stores and secondhand stores. [593]
(15)
Sporting goods stores and bicycle shops. [5941]
(16)
Bookstores, not including adult books. [5942]
(17)
Stationery stores. [5943]
(18)
Jewelry and clock stores. [5944]
(19)
Camera and photographic supply stores. [5946]
(20)
Gift, novelty and souvenir shops. [5947]
(21)
Florist shops. [5992]
(22)
Tobacco and smokers' supplies stores. [5993]
(23)
News dealers and newsstands. [5994]
(24)
Wholesale merchandise establishments, only for retail items listed above; e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions. [60-62]
(26)
Offices of insurance companies, agents, brokers and service representatives. [63-64]
(27)
Offices of real estate agents, brokers, managers and title companies. [65-67]
(28)
Miscellaneous business offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry-cleaning outlets, including coin-operated laundries and dry-cleaning establishments, commonly called "laundromats" and "launderettes," tailor shops, dressmakers' shops, and garment repair shops, but not garment pressing establishments, hand laundries, or hat cleaning and blocking establishments. [721]
(31)
Photographic studios and commercial photography establishments. [722]
(32)
Barbershops, beauty shops and hairdressers. [723-4]
(33)
Shoe repair shops and shoe shine parlors. [725]
(34)
Trade and contractors' offices (office only).
(35)
Advertising agencies, consumer credit reporting, news agencies and employment agencies. [731-2, 735-6]
(36)
Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services; small print shops. [733]
(37)
Computer services. [737]
(38)
Commercial parking lots, parking garages and parking structures. [752]
(39)
Watch, clock and jewelry repair services. [763]
(40)
Motion-picture theaters, not including drive-in theaters. [7832]
(41)
Miscellaneous retail stores. [5999]
(42)
Offices/clinics of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, optometrists and chiropractors, but not veterinarians' offices. [801-4]
(43)
Law offices. [811]
(44)
The offices, meeting places, churches, and premises of professional membership associations; civic, social, and fraternal associations; business associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations. [86]
(45)
Engineering and architectural firms or consultants. [891-3]
(46)
Accounting, auditing and bookkeeping firms or services. [8721]
(47)
Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations. [899]
(48)
The offices of governmental agencies and post offices. [91-92, 431]
(49)
Public transportation passenger stations, taxicab company offices and taxicab stands, but not vehicle storage lots or garages. [411-14]
(50)
Telephone and telegraph offices. [481-2]
C.
Conditional uses. The following are permitted as conditional uses in the B-1 District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances, and provided that where operations necessary or incident to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers, or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Village Board with regard to such matters.
(1)
Miscellaneous repair shops and related services. [769]
(3)
Establishments engaged in the publishing and printing of newspapers, periodicals or books. [2711]
(4)
Dwelling units, provided that no dwelling shall be permitted below the second floor and business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are not established. Dwelling units are allowed on the first floor if there is only one floor.[2]
(5)
Farm supplies, wholesale trade. [5191]
(6)
Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers. [551-2, 556]
(7)
Stores for the sale and installation of tires, batteries, mufflers or other automotive accessories. [553]
(8)
Gasoline service stations; provided, further, that all gasoline pumps, storage tanks and accessory equipment must be located at least 30 feet from any existing or officially proposed street line. [5541]
(9)
Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers. [703]
(10)
Establishments engaged in the daily or extended-term rental or leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers or utility trailers. [751]
(11)
Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes. [754]
(12)
Hotels, motor hotels, motels, tourist courts, tourist rooms, etc. [70]
(13)
Farm implement sales.
(14)
Mini warehouses.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 40 feet.
(2)
Lot area: minimum 3,000 square feet.
(3)
Principal building.
(a)
Front yard: none.
(b)
Side yard: minimum 10 feet if side yard is necessary to be compatible with neighborhood; otherwise none.
(c)
Rear yard: minimum 25 feet if rear yard is necessary to be compatible with neighborhood; otherwise none.
Note: Preexisting structures may be nonconforming. In blocks in the business districts which are already developed, the dimensional requirements of this chapter can be modified if in the opinion of the Board of Appeals such action would be in keeping with the purpose of this code where a practical difficulty or hardship would result from a literal enforcement of the requirements. |
(4)
Building height: maximum 45 feet.
(5)
Percent of lot coverage: maximum 90%.
(6)
Alley setback: minimum 15 feet.
E.
Other development regulations.
(1)
A site development plan, prepared in accordance with § 480-93, shall be submitted before a permit can be granted for any expanded or all new use in this district.
(2)
No outdoor storage of any material shall be permitted in this district except within enclosed containers or properly screened, as determined by the Village Board.
(3)
No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.
§ 480-23 B-2 Highway Commercial District.
A.
Purpose. The B-2 Highway Commercial District is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic, or which are specifically designated to serve the needs of such traffic.
C.
Conditional uses. The following are specific conditional uses in this district:[2]
(1)
Hotels, motels and tourist courts.
(2)
Nightclubs and dance halls.
(3)
Residential dwelling units.
(4)
Animal hospital, shelters and kennels.
(5)
Public assembly uses.
(6)
Commercial recreation facilities.
(7)
Off-season storage facilities.
(8)
Lodges and fraternal buildings.
(9)
Nursing homes.
(10)
Nursery and day-care centers.
(11)
Retirement homes.
(12)
Drive-in food and beverage establishments.
(13)
Drive-in banks.
(14)
Sewage disposal plants.
(15)
Governmental, cultural, and public buildings or uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.
(16)
Utilities.
(17)
Schools and churches.
(18)
Mobile home sales.
(19)
Log stacks are a conditional accessory use in the B-2 District, provided that they are located a minimum of 60 from the center of adjacent public road rights-of-way.
(20)
Farm implement sales.
(22)
Other uses similar to or customarily incidental to any of the above uses.
§ 480-24 B-3 Business Park District.
A.
Purpose. The B-3 Business Park District is established to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, non-nuisance-type manufacturing operations and research and development institutions. The essential purpose of this district is to achieve development which is an asset to the owners, neighbors and the Village and to promote and maintain desirable economic development in a dedicated business park setting.
B.
Permitted uses. The following uses of land are permitted in the B-3 District:
(1)
State-classified manufacturing operations. [20, 23-28, 30, 32-39]
(2)
Warehousing or distribution operations, not including predominantly retail sales to customers on site. [50-51]
(3)
Offices of construction firms, shops, display rooms and enclosed storage. [15-17]
(4)
Laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations. [8071, 8731-34]
(5)
Service uses, including computer and data processing services, miscellaneous business services, offices (business and professional) and communication services. [73]
(6)
Telecommunications facilities. [48]
E.
Other requirements. Uses permitted and conditional in the B-3 District are subject to the following requirements:
(1)
No building or improvement shall be erected, placed or altered on any lands in the B-3 District until the plans for such building or improvement, including site, landscaping and building plans and specifications, have been approved by the Village Board. The Village Board shall review and approve, approve conditionally or disapprove such plans with respect to conformity with deed restrictions and protective covenants placed on the land in the B-3 District. The deed restriction and protective covenants must be approved by the Village Board. The approved deed restriction and protective covenants must be recorded on the land prior to rezoning to the B-3 District.
(2)
Design standards in the B-3 District shall include as a minimum the following standards:
(b)
All business, servicing or processing, except off-street parking and loading and outside storage areas regulated by restrictive covenants, shall be conducted within completely enclosed buildings.
(c)
The building coverage on any zoning lot shall not exceed 55% nor be less than 25%.
(d)
All areas not covered by buildings or parking lots shall be landscaped subject to detail requirements of restrictive covenants.
(e)
All zoning lots abutting residentially zoned districts shall be screened.
§ 480-25 I-1 Industrial District.
A.
Purpose. This district is intended to provide an area for manufacturing, marketing, and industrial and agribusiness activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B.
Permitted uses.[1]
(1)
Automotive body repairs.
(2)
Automotive upholstery.
(3)
Auto sales.
(4)
Breweries.
(5)
Cleaning, pressing and dyeing establishments.
(6)
Commercial bakeries.
(7)
Commercial greenhouses.
(8)
Distributors.
(9)
Food locker plants.
(10)
Inside storage.
(11)
Laboratories.
(12)
Light industry and service uses.
(13)
Machine shops.
(14)
Manufacture and bottling of nonalcoholic beverages.
(15)
Manufacturing establishments, usually described as factories, mills or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products. [20, 23-28, 30, 32-39]
(16)
Painting.
(17)
Parking and open areas.
(18)
Printing and publishing.
(19)
Storage and sale of lumber, machinery and equipment.
(20)
Trade and contractors' offices.
(21)
Warehousing and wholesaling.
C.
Conditional uses. The following are permitted as conditional uses within the I-1 District. Such use shall be subject to the consideration of the Village Board and Plan Commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:[2]
(1)
Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.
(2)
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage is enclosed by a suitable fence or other manner of screening. [50, 51]
(3)
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or road terminal companies.
(4)
Building construction contractors. [15-17]
(5)
Highway passenger and motor freight transportation. [41-42]
(7)
Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Wet milling of corn.
(e)
Production of creamery butter.
(f)
Drying and dehydrating fruits and vegetables.
(g)
Preparation of feeds for animal and fowl.
(h)
Pea vineries.
(i)
Creameries and dairies.
(j)
Production of flour and other grain mill products; blending and preparing of flour.
(k)
Fluid milk processing.
(l)
Production of frozen fruits, fruit juices, vegetables and other specialties.
(m)
Fruit and vegetable sauces and seasoning, and salad dressing preparation.
(n)
Poultry and small game dressing and packing, provided that all operations are conducted within an enclosed building.
(o)
Production of sausages and other meat products, provided that all operations are conducted within an enclosed building.
(p)
Corn shelling, hay baling and threshing services.
(q)
Grist mill services.
(r)
Horticultural services.
(s)
Canning of fruits, vegetables, preserves, jams and jellies.
(t)
Canning of specialty foods.
(u)
Grain elevators and bulk storage of feed grains.
(v)
Fertilizer production, sales, storage, mixing and blending.
(w)
Sales or maintenance of farm implements and related equipment.
(x)
Animal hospitals, shelters and kennels.
(y)
Veterinarian services.
(z)
Sawmills.
(8)
Farm machinery.
(9)
Freight yards, freight terminals and transshipment depots.
(10)
Fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles and wood.
(11)
Fabrication, processing, packaging and packing of confections; cosmetics; electrical appliances; electronic devices; food except cabbage, fish and fish products, meat and meat products, and pea vining; instruments; jewelry; pharmaceuticals; tobacco; and toiletries.
D.
Prohibited uses.
(1)
Specifically excluded from this designation and expressly prohibited is any use or business which is dangerous or which would create a public nuisance.
(2)
All residential uses are expressly prohibited.
(3)
Also specifically excluded and expressly prohibited is any use or business involving the wrecking of automobiles, junkyards, scrap yards, garbage removal or the slaughter of animals or poultry.
E.
Lot, yard and building requirements.
(1)
Lot frontage: no minimum.
(2)
Lot area: minimum 15,000 square feet.
(3)
Front yard: minimum 50 feet.
(4)
Side yards: minimum 20 feet.*
(5)
Rear yard: minimum 20 feet.*
(6)
Building height: maximum 60 feet.
(7)
Percentage of lot coverage: maximum 70%.
* | Required buffer strips in industrial districts. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than four nor more than eight feet in height and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles. |
§ 480-26 A-1 Agricultural District.
A.
Purpose. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.
B.
Permitted uses.
(1)
General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards, and feedlots shall not be located in a floodland and shall be at least 100 feet from any navigable water or district boundary.
(2)
Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises and for the use of the occupants of the premises, provided that such use shall not be located within 150 feet of a dwelling unit other than the dwelling unit on the property in question.
(4)
Harvesting of wild crops and management of wildlife, including nonresidential buildings used solely in conjunction with such activity.
(5)
In-season roadside stands for the sale of farm products produced on the premises and up to two unlighted signs not larger than eight square feet each advertising such sale.
(6)
Customary home occupations.
(7)
One- and two-family farm residences and a single mobile home, but only when occupied by owners and/or persons engaged in farming activities on the farm on which it is located.
(8)
Woodlots and tree farms.
(9)
Production of forest crops, including tree plantations.
C.
Permitted accessory uses.
(1)
Attached or detached private garages and carports accessory to permitted or permitted accessory uses.
(2)
General farm buildings, including barns, silos, sheds, and storage bins, and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.
(3)
One farm dwelling. The only residences allowed as permitted uses on newly established parcels are those to be occupied by a person who or a family at least one member of which earns a substantial part of his or her livelihood from farm operations on the parcel or is related to the operator of the larger farm parcel from which the new parcel is taken. Preexisting residences located in areas subject to zoning under this section which do not conform to this subsection may be continued in residential use. The minimum parcel size to establish a residence or a farm operation is 35 acres. No structure or improvement may be built on the land unless consistent with agricultural uses.
(4)
Private garages and parking space.
(5)
Private swimming pool and tennis court.
(6)
Home occupation.
(7)
Signs as regulated by the Village.
(8)
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.
(9)
Gardening and other horticultural uses where no sale of products is conducted on the premises.
D.
Conditional uses.
(1)
Airports, airstrips and landing fields, provided that the site is not less than 20 acres.
(3)
Housing for farm laborers and seasonal or migratory farm workers.
(4)
Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.
(5)
Utilities.
(6)
Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 150 feet to a property boundary. [074, 075]
(7)
Public and parochial schools, provided that no building shall be located within 50 feet of any lot line.
(8)
Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided that no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.
(9)
Golf courses, country clubs, tennis clubs or public swimming pools serving more than one family. The principal structure for any of the above-listed uses shall be 100 feet or more from any abutting lot in a residential district, and accessory structures shall be a minimum of 50 feet from any lot line.
(10)
Essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided that no building shall be located within 10 feet of any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of a service structure is compatible with the neighborhood in which it is to be located and thus will promote the general welfare.
(11)
Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.
(12)
Cemeteries.
(13)
Fur farms, kennels, greenhouses and other agricultural uses that may cause noxious odors or noise or create health or sanitation hazards.
(14)
Campgrounds, tourist camps and travel trailer parks, subject to the provisions of this chapter and the Wisconsin Administrative Code.
(15)
Trap or skeet shooting facilities, target ranges, gun clubs and shooting preserves.
§ 480-27 PUD Planned Unit Development District.
A.
Purpose. The PUD Planned Unit Development District is intended to provide for large-scale residential development. The Planned Unit Development District is established to provide a regulatory framework designed to encourage and promote improved environmental design in the Village by allowing for greater freedom, imagination and flexibility in the development of land, while assuring substantial compliance with the basic intent of this chapter and the general plan for community development. To this intent it allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate preservation of open land.
B.
General procedure. Before commencing with a planned unit development, the developer shall obtain approval of the Village Board, following a recommendation from the Plan Commission. Five copies of the proposed general development plan, including a site plan, shall be submitted to the Village Clerk.
C.
Site plan. The site plan shall be drawn at a scale of not less than one inch equals 50 feet and shall include the following information:
(1)
Location and dimension of property boundaries.
(2)
Location, size and number of parking spaces.
(3)
Location, size, use, entrances and exits of all buildings.
(4)
Elevations and contours sufficient to show topographic features and drainage patterns.
(5)
Distances between buildings, between buildings and property lines, and between buildings and other improvements on the site, including walks, parking areas and site structures.
(6)
Location and width of all drives and roadways on the site.
(7)
Drainage of surface water within the site, including parking lots and street grades, and the size, slope, depth and location of drainage and erosion control pipes and structures.
D.
Permitted uses. The following are permitted in a PUD District, provided that no use shall be permitted except in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
(2)
The minimum size for a PUD shall be five acres of land or a minimum of 16 dwelling units.
(3)
The PUD tract shall be a development of land under single control. No authorization or permits shall be granted for such development unless the applicant has acquired actual ownership of, or executed a binding sales contract for, all of the property comprising such tract. For purposes of this section, ownership shall include a lease of not less than 50 years' duration. The term "single control" shall include ownership by an individual, corporation, partnership, association, trustee, or other legal entity.
E.
Height, area and setback requirements. Except as provided in Subsection G below, in a PUD there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
F.
Parking requirements. Off-street parking facilities shall be as provided for under this Zoning Code and in accordance with the approved specific implementation plan, and such requirements as are made a part of the approved specific implementation plan, along with the recorded plan itself, shall be construed to be, and enforced as, a part of this section.[1]
G.
Lot, building and yard requirements; zero lot line or common wall single-family units. For all attached zero lot line or common wall construction single-family duplex or townhouse dwellings allowed in a Planned Unit Development District consistent with the Village Comprehensive Plan, the following lot, building and yard requirements apply:
(1)
Lot frontage: minimum 40 feet (each unit).
(2)
Lot area: minimum 6,000 square feet (each unit).
(4)
Garages: one private garage with up to two stalls per dwelling unit, not exceeding 312 square feet per stall.
(5)
Building height: maximum 35 feet.
(6)
Percent of lot coverage: maximum 50% (combined principal and accessory buildings coverage).
(7)
Floor area per dwelling unit: minimum 840 square feet.
(8)
Zero lot line/common wall construction requirements. For all attached zero lot line or common wall construction duplexes and townhouses containing single-family dwellings, each unit shall have separate sewer and water lateral connections. The size, type and installation proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Board, following a recommendation from the Plan Commission. A minimum one-hour fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
H.
Criteria for approval. As a basis for determining the acceptability of a PUD application, the following criteria shall be applied to the specific implementation plan, with specific consideration as to whether or not it is consistent with the spirit and intent of this Zoning Code, has been prepared with competent professional advice and guidance and produces significant benefits in terms of environmental design:
(1)
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
(a)
Is compatible with the physical nature of the site, with particular concern for the preservation of natural features, tree growth and open spaces.
(b)
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
(c)
Would not adversely affect the anticipated provision for school or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a PUD application shall provide the Village satisfactory evidence of its economic feasibility, proof by the proponents of available adequate financing, and that the PUD would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
(3)
Engineering design standards. The width of street right-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based upon a determination of appropriate standards necessary to implement the specific function in the specific situation. In no case shall standards be less than those necessary to assure the public safety and welfare as determined by the Village.
(4)
Preservation and maintenance of open space. Adequate provision shall be made for the permanent preservation and maintenance of common open space by private reservation.
(a)
The open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for approval, an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the PUD. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objectives may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board following approval of building, site and operational plans made by the Plan Commission.
(b)
The care and maintenance of such open space reservation shall be assured by establishment of an appropriate management organization for the PUD.
(5)
Implementation schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the plan to the satisfaction of the Village, including suitable provisions for assurance that each phase will be brought to completion in a manner which will not result in any adverse effect upon the community as a result of termination at that point.
I.
Approval procedure; general development plan.
(1)
Generally. The procedure for initiating a PUD District shall be the same procedure used with other types of rezonings, unless otherwise prescribed by this section. Rezoning would occur concurrently with the approval of the general development plan.
(2)
General development plan. The applicant shall submit a general development plan to the Village Clerk. The general development plan shall include the following information:
(a)
A statement describing the general character of the intended development.
(b)
An accurate site plan of the project area as required in Subsection C above, including its relationship to surrounding properties and existing topography, key features, and building location and height.
(c)
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection H.
(d)
The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density, environmental character and their relationship to adjoining parcels of land within 600 feet of area boundaries.
(e)
The pattern of public and private streets.
(f)
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as schools, parks, greenways, etc.
(g)
A utility feasibility study.
(h)
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multiple-family units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the Village.[2]
(i)
General outline of intended organizational structure related to property owners' association, deed restrictions and private provision for common services.
J.
Specific implementation plan.
(1)
Submission of plan and fee. The applicant shall submit a specific implementation plan to the Plan Commission within 12 months after having been granted an approval of the general development plan and rezoning to a PUD District classification. The applicant shall pay required fees and all costs incurred by the Village in checking and processing such plans. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed specific implementation plan.
(2)
General development plan. If a specific implementation plan which the Plan Commission determines to be a reasonable phase of the total plan has not been submitted within such time, the developer shall be required to resubmit a general development plan which is subject to all the requirements of this section.
(3)
Information required. The specific implementation plan submitted to the Plan Commission shall include the following detailed construction and engineering plans and related documents and schedules:
(a)
An accurate map of the area covered by the plan, including the relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways and parking facilities.
(c)
Detailed lot layout and subdivision plan where required.
(d)
The arrangement of building groups and their heights and their architectural character with particular attention to their influence on adjoining parcels of land, including the casting of unbroken shadows.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational or other special amenities.
(h)
The location and description of any areas to be dedicated to the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the project can be expected to begin.
[2]
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of each of the stages will be completed.
[5]
The area and location of common open space that will be provided at each stage.
(m)
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, common open areas or other facilities.
(n)
Any other plans, documents or schedules requested by the Plan Commission.
(o)
An ownership statement shall be a part of the specific implementation plan and also shall be affixed and noted on the deed.
(4)
Phasing. If the specific implementation plan is to be executed in phases, each phase shall be submitted in accordance with this section.
(5)
Approval of the specific implementation plan.
(a)
If the specific implementation plan as submitted is not in substantial compliance with the general development plan, the Plan Commission shall notify the landowner regarding the aspects of the plan that are not in compliance. The landowner may:
(b)
Within 45 days after the filing of the specific implementation plan, the Plan Commission shall forward to the Village Board a written report recommending that the plan be approved, disapproved or approved with conditions and giving the reason(s) for the recommendations.
(d)
If the specific implementation plan or any section thereof is given final approval and thereafter the landowner abandons the plan or any section thereof that has been finally approved and notifies the Village Board in writing, or if the landowner fails to commence the planned unit development within 18 months after final approval has been granted, such final approval shall terminate and be deemed null and void; the parcel would revert to its pre-PUD application zoning classification.
(6)
Approval of plan. Upon approval of the specific implementation plan, the following shall be recorded in the County Register of Deeds office by the landowner within 60 days of approval:
(a)
The building, site and operational plans for the development as approved.
(b)
All other commitments and contractual agreements with the Village offered and required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the specific implementation plan. This shall be accomplished prior to the issuance of any building permit.
§ 480-28 WP Wellhead Protection Overlay District.
A.
Purpose. The users of the public water supply system located in the Village of Athens depend exclusively on groundwater for safe drinking water. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of the Wellhead Protection Overlay District is to institute land use regulations and restrictions to protect the Village of Athens municipal water supply and wells and to promote the public health, safety and general welfare of the residents of the Village of Athens.
B.
Authority. These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.
C.
Applicability.
(1)
The regulations specified in the Wellhead Protection Overlay District shall apply within the Village of Athens limits.
(2)
No new use or change in use of any structure, land or water shall be located, extended, converted or structurally altered and no development shall commence without full compliance with the terms of this section and other applicable regulations.
D. AQUIFER CONE OF DEPRESSION EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION FIVE-YEAR TIME OF TRAVEL RECHARGE AREA WELL FIELD WELLHEAD PROTECTION OVERLAY DISTRICT ZONE OF SATURATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
The area around a well in which the water level has been lowered at least 1/10 of a foot by pumping of the well.
Existing facilities which may cause or threaten to cause environmental pollution within the Village of Athens include, but are not limited to, the Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten To Cause Environmental Pollution, the Department of Safety and Professional Services' list of underground storage tanks (USTs), lists of facilities with hazardous solid waste permits, and any facility which is considered a prohibited use under this section, all of which are incorporated herein as if fully set forth.
The recharge area upgradient of the cone of depression, from the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.[1]
The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supply groundwater to a well.
A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
Shall be defined to include the following area: the area of land which contributes water to the well starting at the well and continuing out to a line delineating the five-year time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2, with zone boundaries normalized (if practical) to road center lines, railways, surface water features, the public land survey section lines, 1/2, 1/4, 1/8, or 1/16 section lines and property lines.
The saturated zone is the area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.
E.
Supremacy of the district. The regulations of this overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the Wellhead Protection Overlay District are more stringent.
F.
Permitted uses. Permitted uses within the Wellhead Protection Overlay District are subject to the separation distance requirements set forth in Subsection G, Separation distance requirements, the prohibition of uses, activities or structures designated in Subsection H, Prohibited uses, and include:
(1)
Public and private parks and beaches, provided that there are no on-site wastewater disposal systems or holding tanks.
(2)
Playgrounds.
(3)
Wildlife areas and natural areas.
(4)
Trails such as biking, hiking, skiing, nature, equestrian and fitness trails.
(5)
Residential which is municipally sewered.
(6)
Agricultural activities which are conducted in accordance with the United States Department of Agriculture Natural Resources Conservation Service Wisconsin Field Office Technical Guide Specification 590 Nutrient Management Standards.
(7)
Commercial establishments which are municipally sewered.
G.
Separation distance requirements.
(1)
The following separation distances as specified in § NR 811.12, Wis. Adm. Code, shall be maintained:
(a)
Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA C600 specifications.
(b)
Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.
(c)
Four hundred feet between a public water supply well and a stormwater detention, retention, infiltration or drainage basin.
(2)
The provisions of § NR 811.12(5)(d)4, 5 and 6, Wis. Adm. Code, are not listed here as uses, activities or structures contained therein are prohibited in the district.
H.
Prohibited uses. The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures for the Wellhead Protection Overlay District include:
(1)
Above- and below-ground hydrocarbon or petroleum storage tanks.
(2)
Cemeteries.
(3)
Chemical manufacturers (Standard Industrial Classification Major Group 28).
(4)
Coal storage.
(5)
Dry cleaners.
(6)
Hazardous, toxic or radioactive materials transfer and storage under Title III or SARA planning.
(7)
Industrial lagoons and pits.
(8)
Jewelry plating and metal plating.
(9)
Landfills and any other solid waste facility, except post-consumer recycling.
(10)
Machine or metal working shops.
(11)
Manure storage.
(12)
Nonmetallic earthen materials extraction or sand and gravel pits.
(13)
Pesticide and fertilizer dealer, transfer or storage.
(14)
Research labs, universities and hospitals.
(15)
Railroad yards and maintenance stations.
(16)
Rendering plants and slaughterhouses.
(17)
Salt or deicing material storage.
(18)
Salvage yards or junkyards.
(19)
Septage or sludge spreading, storage or treatment.
(20)
Septage, wastewater, or sewage lagoons.
(21)
Septic tanks, holding tanks or other on-site sewage treatment systems.
(22)
Stockyards and feedlots.
(23)
Stormwater infiltration basins without pretreatment.
(24)
Vehicular services, including filling and service stations, repair, renovation and body working.
(25)
Wood preserving.
I.
Requirements for existing facilities which may cause or threaten to cause environmental pollution.
(1)
Existing facilities within the Wellhead Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the Wisconsin Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten To Cause Environmental Pollution, Wisconsin Department of Safety and Professional Services' list of underground storage tanks, lists of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection H, Prohibited uses, all of which are incorporated herein as if fully set forth.
(2)
Such facilities as above which exist within the district at the time of enactment of a district shall:
(a)
Provide copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to the Village.
(b)
Provide environmental or safety structures/monitoring, to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.
(c)
Replace equipment, or expand on the site or property of record associated with the facility at the time of enactment of a district, in a manner that improves the environment and safety technologies already being utilized.
(d)
Have the responsibility of devising, filing and maintaining, with the Village, a current contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.
(3)
Such facilities as above cannot engage in or employ a use, activity, or structure listed in Subsection H, Prohibited uses, which they did not engage in or employ at the time of enactment of a district and can only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment of a district and in a manner that improves the environmental and safety technologies already being utilized.
J.
Conditional uses. Any individual, person, partnership, corporation, or other legal entity and/or facility may request that the Village Board grant a conditional use permit for certain uses, activities and structures within the Wellhead Protection Overlay District.
(1)
All requests shall be made in writing to the Plan Commission and shall include:
(a)
A site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours.
(b)
A business plan and/or other documentation which describes in detail the use, activities, and structures proposed.
(c)
An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities and structures on groundwater quality.
(d)
An operational safety plan which details the operational procedures for material processes and containment, best management practices, stormwater runoff management, and groundwater monitoring.
(e)
A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities, or structures occur.
(2)
All conditional use permits granted under this section shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply and/or bonds and/or sureties satisfactory to the Village. These conditions shall include but not be limited to:
(a)
Provide current copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to county emergency government and the Village of Athens.
(b)
Establish environmental or safety structures/monitoring, to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.
(c)
Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.
(d)
Devise, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to county emergency government and the Village of Athens.
(3)
The individual, person, partnership, corporation, or other legal entity and/or facility making the request shall reimburse the Village for consultant fees and Plan Commission expenses associated with this review at the invoiced amount, plus administrative costs.
(4)
The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Village Plan Commission. Any conditions above and beyond those specified in Subsection J, Conditional uses, that are recommended by the Plan Commission or established by the Village Board may be applied to the granting of the conditional use permit. (See Article IV.)
K.
Enforcement; violations and penalties.
(1)
It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this section. In case of any violation, the Village Board shall institute appropriate action or proceeding to enjoin a violation of this section.
(2)
Any person, firm or corporation who or which violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this section shall, upon conviction thereof, forfeit to the Village of Athens a penalty as prescribed in Chapter 1, Article I, of this Code. Each and every day of violation shall constitute a separate offense in addition to any penalties. Compliance with this section is mandatory, and no building, structure or use shall be allowed without full compliance.
(3)
In the event that any individual, person, partnership, corporation, or other legal entity (hereinafter "individual") owns an existing facility which may cause or threaten to cause environmental pollution, or any individual and/or facility possesses a conditional use permit under the provisions of Subsection J, Conditional uses, and that individual/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with a Wellhead Protection Overlay District, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
(4)
The individual/facility shall be responsible for all costs of cleanup, Village consultant or outside contractor fees, fees at the invoice amount plus administrative costs for oversight, review and documentation, plus the following:
(a)
The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, workers' compensation, holidays, overtime, vacation, and similar benefits.
(b)
The cost of Village equipment employed in the cleanup.
(c)
The cost of mileage incurred on Village vehicles used in any activity related to the cleanup, or of mileage fees reimbursed to Village employees attributed to the cleanup.
§ 480-29 AEO Adult Entertainment Overlay District. [1]
A.
Authority and findings.
(1)
The Village Board has authority, to be liberally construed in favor of the Village, under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, morals, safety and welfare of the public and may carry out its powers by regulation and suppression.
(2)
The Village Board recognizes it lacks authority to regulate obscenity under § 66.0107(3), Wis. Stats., and does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene; it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, nonobscene, erotic dancing in bars and taverns.
(3)
Adult establishments in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens.
(4)
The Village Board recognizes the United States Supreme Court has held that material with adult content is within the outer perimeters of the First Amendment to the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights and wishes to act consistently with full protection of those rights.
(5)
However, the Village Board is aware, based on the experiences of other communities, that adult establishments may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Athens. Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods where adult establishments featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted diseases; and
(d)
The potential for infiltration by organized crime for the purpose of unlawful conduct.
(6)
The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Athens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
(7)
The Village Board has determined that the enactment of a zoning ordinance provision allowing adult establishments viable areas in which to exist within the Village while keeping those adult establishments separated from each other, residential areas, schools, churches, day-care centers, or bars or taverns promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such adult establishments.
B.
Purpose. The purpose of the AEO Adult Entertainment Overlay District is to create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the Village so as not to suppress their existence.
C. ADULT BOOKSTORE ADULT ENTERTAINMENT ADULT ESTABLISHMENT ADULT MOTION-PICTURE THEATER ADULT NOVELTY STORE SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES SUBSTANTIAL
Definitions. For purposes of this district, the following definitions shall be applicable:
An establishment which as its substantial course of conduct presents adult entertainment for observation by patrons therein or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, videocassettes, magazines or other such media which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.
Includes adult bookstores, adult motion-picture theaters, and adult novelty stores and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.
Any establishment for the presentation of motion pictures that has as its dominant theme, or is distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observations by patrons therein.
Any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
Either:
Simulated or actual:
Forty percent or more of business stock-in-trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty-percent threshold, that entity shall provide all necessary records, receipts and documentation to the Village upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.
D.
Location.
(1)
No adult establishment shall be located:
(c)
Within 250 feet of any dwelling as defined by this Zoning Code.
(d)
Within 250 feet of any preexisting school, church or day care, as defined in this Zoning Code.
(e)
Within 250 feet of any preexisting establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.
(2)
For purposes of this district, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult establishment to the nearest property line of another establishment, dwelling, school, church, day care or establishment selling or dispensing fermented malt beverages or intoxicating liquor.
E.
Hours of operation.
(1)
No adult establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and 12:00 noon on Sundays.
(2)
All adult establishments shall be open to inspection at all reasonable times by the Police Department, Zoning Administrator and/or other Village representatives.