For the purpose of this article, present and future, provision is hereby made for the division of the Village of Birchwood into the following basic zoning districts: For the purpose and administration of this article, the village is hereby organized into the following zoning districts:

(Code 1989, § 13-1-20; Ord. of 10-5-2004, § 13-1-20)

The boundaries of the districts listed in section 28-37 are hereby established as shown on the official zoning map of the village. The official map and all notations, references and other information shown thereon are a part of this article and shall have the same force and effect as if the matters and information set forth by such map were fully described herein. An official copy of this map, together with a copy of this article, shall be kept at the office of the village clerk/treasurer and shall be certified by the village president and attested by the village clerk/treasurer. Any changes in zoning district boundaries shall be recorded on the map.

(Code 1989, § 13-1-21; Ord. of 10-5-2004, § 13-1-21)

(a)

The district boundaries are either streets or alleys unless otherwise shown and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(b)

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 map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

(c)

In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.

(Code 1989, § 13-1-22; Ord. of 10-5-2004, § 13-1-22)

(a)

Zoning rights-of-way. All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting them. Where the centerline serves as a district boundary, the zoning of the right-of-way shall be deemed to be the same as that of the abutting property up to such centerline, unless otherwise specifically designated.

(b)

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.

(Code 1989, § 13-1-23; Ord. of 10-5-2004, § 13-1-23)

Any use not specifically listed as a permitted use or a conditional use in the districts established in section 28-37 shall be considered to be prohibited, except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the planning commission for determination in accordance with the following procedure:

(1)

Application. Application for determination for classification of an unlisted use shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the planning commission to facilitate the determination.

(2)

Investigation. The planning commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this article and to determine its classification.

(3)

Public hearing. The village planning commission shall fix a reasonable time and place for a public hearing following the receipt of an application for the determination of a classification of an unlisted use, publish a class 2 notice thereof and shall give due notice to the parties in interest and zoning administrator.

(4)

Determination. The determination of the planning commission shall be rendered in writing within 40 days from the date of the public hearing and shall include findings supporting the conclusion. The commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in section 28-37.

(5)

Effective date of determination. At the time of the determination of the classification of the unlisted use by the planning commission, the classification of the unlisted use shall become effective.

(Code 1989, § 13-1-16; Ord. of 10-5-2004, § 13-1-16)

The R-1 Single-Family Residence District is intended to provide a quiet, pleasant and relatively low density living area protected from excessive traffic and nuisances, such as noise, odors, vibration and uses which are compatible with the provisions of this article for this district.

(Code 1989, § 13-1-25(1); Ord. of 10-5-2004, § 13-1-25(1))

The following uses are permitted in the R-1 district:

(1)

Single-family dwellings.

(2)

Two family dwellings.

(3)

Public parks and playgrounds.

(4)

Community living arrangement which has a capacity for eight or fewer persons being served by the program.

(5)

Family day-care home, limited to not more than eight children. Family day-care homes shall be subject to state licensing requirements.

(Code 1989, § 13-1-25(2); Ord. of 10-5-2004, § 13-1-25(2))

The following are the conditional uses in the R-1 district, see also article V of this chapter:

(1)

Accessory apartments, subject to the following provisions:

a.

Only one apartment will be allowed in a single-family dwelling.

b.

The single-family dwelling in which the accessory apartment is created shall be owner occupied.

c.

The accessory apartment shall be designed so that to the degree reasonably feasible, the appearance of the building remains that of a single-family dwelling unit. Any new entrances shall be located on the side or in the rear of the building.

d.

One off-street parking space shall be provided for the accessory apartment, plus the required off-street parking for the single-family dwelling unit.

e.

The accessory apartment shall have at least 350 square feet of floor area.

f.

The single-family dwelling in which the accessory apartment is created shall be a minimum of five years old.

g.

Any other appropriate or more stringent conditions deemed necessary by the Zoning committee to protect public health, safety and welfare and the single-family character of the neighborhood.

(2)

Conversions of single-family dwellings to not more than two dwelling units per structure, provided the following requirements are met:

a.

The single-family dwelling shall be a minimum of five years old.

b.

The single-family dwelling must have a floor area in excess of 1,400 square feet, exclusive of porches, garages and basements.

c.

Lot area per dwelling unit must not be less than 2,000 square feet.

d.

Floor area per dwelling unit must not be less than 500 square feet.

e.

Off-street parking requirements for two family dwellings must be met.

f.

The converted dwelling shall retain the appearance of a single-family dwelling with no major structural alterations to the exterior other than required means of egress from dwelling units. All fire escapes or stairways leading to the second floor must be enclosed.

g.

Separate and complete sanitary and kitchen conveniences shall be provided for each dwelling unit.

(3)

Bed and breakfast establishments, subject to the following provisions:

a.

The bed and breakfast establishment shall be owner occupied.

b.

Bed and breakfast establishments shall require a permit in accordance with Wis. Admin. Code ch. HSS 197.

c.

Off-street parking provisions shall be required.

(4)

Elementary, junior and senior high schools.

(5)

Fire stations.

(6)

Churches and cemeteries.

(7)

Museums, libraries and community centers not conducted for profit.

(8)

Nursing homes, homes for the elderly and hospitals.

(9)

Golf courses.

(10)

Group day care homes licensed for nine or more children, subject to all state licensing requirements.

(11)

Community living arrangements which have a capacity for nine or more persons.

(12)

Private lodges and clubs.

(13)

Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, microwave radio towers, sewage disposal plants, municipal incinerators, power plants, shops and storage yards.

(14)

Resorts, provided the primary business function is the rental of cabins or residential units and that weekly, monthly and/or seasonal rentals provided a management plan is presented to and approved by the plan commission and the subject property is immediately adjacent to Doolittle Park.

(Code 1989, § 13-1-25(3); Ord. of 10-5-2004, § 13-1-25(3); Ord. No. 2007-01, 2-13-2007)

The following are the dimensional requirements for the R-1 district:

(1)

Lot abuts shoreland. If lot abuts shore land area, see article IV.

(2)

Lot size. See section 28-8.

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 80 feet.

(3)

Setbacks and required yards for principal building.

a.

Minimum front yard: 25 feet; right-of-way.

b.

Minimum side yard: eight feet; 20 feet aggregate.

c.

Minimum rear yard: 25 feet.

(4)

Setbacks and required yards for accessory building. See division 3, accessory buildings, uses, structures, and use of required yards, for placement of accessory buildings.

(5)

Maximum building height. Principal building: 35 feet. Accessory building: 20 feet.

(Code 1989, § 13-1-25(4); Ord. of 10-5-2004, § 13-1-25(4); Ord. No. 4-2023, 6-19-2023)

The R-2 Multiple-Family Residence District is intended to provide a living environment similar in all respects to the R-1 district, although with a higher population density and greater diversity of housing types.

(Code 1989, § 13-1-26(1); Ord. of 10-5-2004, § 13-1-26(1))

The following are the permitted uses of the R-2 district:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Community living arrangement for 15 persons or less.

(5)

Bed and breakfast establishments, subject to the following provisions:

a.

The bed and breakfast establishment shall be owner occupied.

b.

Bed and breakfast establishments shall require a permit in accordance with Wis. Admin. Code ch. HSS 197.

c.

Off-street parking provisions shall be required.

(6)

Public parks and playgrounds.

(Code 1989, § 13-1-26(2); Ord. of 10-5-2004, § 13-1-26(2))

The following are the permitted accessory uses in the R-2 district:

(1)

Private garages, carports, accessory buildings and structures incidental to residential uses.

(2)

Home occupations.

(3)

Parking.

(4)

Signs.

(Code 1989, § 13-1-26(3); Ord. of 10-5-2004, § 13-1-26(3))

The following are the conditional uses in the R-2 district, also see article V of this chapter:

Community living arrangements which have a capacity for less than 15 persons.

Elementary, junior and senior high schools.

Fire stations.

Churches.

Museums, libraries and community centers not conducted for profit.

Nursing homes, homes for the elderly and hospitals.

Golf courses.

Group day-care homes licensed for nine or more children, subject to all state licensing requirements.

Private lodges and clubs.

Village boardinghouses.

Mobile home parks, provided requirements of article III of this chapter are met.

Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, microwave radio towers, sewage disposal plants, municipal incinerators, power plants, shops and storage yards.

Medical/dental clinics.

Government and community service buildings and functions.

(Code 1989, § 13-1-26(4); Ord. of 10-5-2004, § 13-1-26(4))

The following are the dimensional requirements for the R-2 Multiple-Family Residential District. If lot abuts shoreland area, see article IV of this chapter.

(1)

Lot Size. See section 28-8.

a.

Minimum Lot Area: 12,150 square feet.

b.

Minimum lot width: 90 feet.

(2)

Setbacks and required yards for principal building

a.

Minimum front yard: 25 feet.

b.

Minimum side yard: eight feet/20 feet aggregate.

c.

Minimum rear yard: 25 feet.

(3)

Setbacks for all accessory buildings: 20 feet.

(4)

Maximum building height:

a.

Principal building: 40 feet or three stories whichever is the least.

b.

Accessory building: 20 feet.

(Code 1989, § 13-1-26(5); Ord. of 10-5-2004, § 13-1-26(5))

The following uses are permitted in the RD Rural Development District:

Single-family dwellings.

Parks.

Open spaces.

Agriculture and general farming except farms feeding offal or garbage and mink farms.

Roadside stands.

Animal hospitals and kennels.

Owner-occupied bed and breakfasts.

Dairying.

Livestock raising.

Truck farming.

Forestry.

Poultry raising.

Airports.

Golf courses.

(Code 1989, § 13-1-27(1); Ord. of 10-5-2004, § 13-1-27(1))

The following are the conditional uses in the RD district:

Cemeteries.

Municipal service functions and structures.

Pumping stations.

Quarries.

Churches.

Taverns.

Home occupations.

Fairgrounds.

Resorts.

Mobile home parks.

Trailer parks and campgrounds, and certain commercial and industrial uses providing they are all adequately screened and approved by the village board.

(Code 1989, § 13-1-27(2); Ord. of 10-5-2004, § 13-1-27(2))

The following are the dimensional requirements for the RD district. If lot abuts a shoreland, also see article IV of this chapter.

(1)

Width. 150 feet.

(2)

Area. One acre.

(3)

Building height. 35 feet maximum, except for barns, silos, and other buildings and structures which are customarily higher, and are accessory uses to farming. Accessory building 14 feet.

(4)

Yards.

a.

Street. 35 feet. Accessory building 40 feet.

b.

Rear. 25 feet. Accessory building 20 feet.

c.

Side. 15 feet. Accessory building 15 feet.

(Code 1989, § 13-1-27(3); Ord. of 10-5-2004, § 13-1-27(3))

The CBD Central Business District is intended to provide for the orderly and appropriate regulations to ensure compatibility of the diverse uses typical of the "downtown" area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other urban activities which contribute to its role as the "center" of the village.

(Code 1989, § 13-1-29(1); Ord. of 10-5-2004, § 13-1-29(1))

The following uses are permitted in the CBD central business district:

Retail sales establishments.

Financial institutions.

Personal and business service establishments.

Commercial and professional offices.

Hotels and motels.

Restaurants, cafes, taverns and bars.

Theaters and bowling alleys.

Auditoriums and community centers.

Government offices, post offices and libraries.

Medical and dental clinics.

Clubs and lodges.

Newspaper and magazine publishers.

Day-care centers, provided all state requirements are met.

Churches.

Replacement of single- and two-family dwellings which have been damaged by fire, explosion, flood or other calamity. Parking shall be required in accordance with article VIII of this chapter.

Gasoline service stations.

(Code 1989, § 13-1-29(2); Ord. of 10-5-2004, § 13-1-29(2); Ord. No. 10-2023, 6-19-2023)

The following uses are the permitted accessory uses in the CBD Central Business District:

(1)

Garages for storage and vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking lots.

(3)

Signs (see article IX of this chapter).

(Code 1989, § 13-1-29(3); Ord. of 10-5-2004, § 13-1-29(3))

The following are the conditional uses in the CBD Central Business District, also see article V of this chapter:

(1)

Automobile and other vehicle sales.

(2)

Rest homes and nursing homes.

(3)

Warehouses for local wholesale and retail establishments or for personal property.

(4)

Transmitting towers, receiving towers, relay and microwave towers.

(5)

Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, sewage disposal plants, municipal incinerators, power plants, shops and storage yards.

(Code 1989, § 13-1-29(4); Ord. of 10-5-2004, § 13-1-29(4))

The following are the dimensional requirements for the CBD Central Business District:

If lot abuts shoreland, also see article IV of this chapter. All setbacks must comply with Wisconsin department of Transportation if located on state Highway 48, or Washburn County Zoning Requirements if located on Highway D.

(1)

Lot size.

a.

Minimum lot area: 2,000 square feet.

b.

Minimum lot width: 25 feet.

(2)

Setbacks.

a.

Minimum front yard: None required.

b.

Minimum side yard: None required; except when adjacent or abutting an agricultural, residential or conservancy district, a side yard setback of ten feet shall be required.

c.

Minimum rear yard: None required; except when adjacent or abutting an agricultural, residential or conservancy district, a rear yard setback of 25 feet shall be required.

(3)

Setbacks and required yards for accessory buildings. None required; however, side and rear yard setbacks are five feet for all accessory buildings when adjacent or abutting an agricultural, residential or conservancy district.

(4)

Maximum building height. See section 28-634, 45 feet for all buildings.

(Code 1989, § 13-1-29(5); Ord. of 10-5-2004, § 13-1-29(5))

The C-1 Community Business District is intended to provide for individual or small groups of retail and customer service establishments. This type of district is generally located away from the traditional Central Business District and provides such amenities as increased open space and off-street parking and loading facilities, making such retail centers more compatible with the character of adjacent residential districts.

(Code 1989, § 13-1-30(1); Ord. of 10-5-2004, § 13-1-30(1))

The following uses are permitted in the C-1 district:

Retail sales establishments.

Financial institutions.

Personal and business service establishments.

Commercial and professional offices.

Automotive sale and equipment service establishments.

Gas stations.

Hotels and motels.

Restaurants, cafes, taverns and bars.

Theaters, bowling alleys.

Auditoriums and community centers.

Government offices, post offices and libraries.

Clubs and lodges.

Veterinary hospitals and clinics

Medical and dental clinics.

Wholesale establishments.

Day-care centers provided all state requirements are met.

Rest homes and nursing homes.

Village boardinghouses.

Replacement of single- and two-family dwellings which have been damaged by fire, explosion, flood or other calamity.

Mini-warehouses. Outdoor storage is limited to boats and recreational vehicles defined in division 3 of article VI of this chapter. All such outdoor storage shall be screened. The screening required shall consist of a fence or wall not less than five-feet high. The fence or wall shall be constructed in a manner and of such material to impair direct vision of the outdoor storage area.

(Code 1989, § 13-1-30(2); Ord. of 10-5-2004, § 13-1-30(2); Ord. No. 11-2023, 6-19-2023)

The following are the permitted accessory uses in the C-1 district:

(1)

Parking. See article VIII of this chapter.

(2)

Signs. See article IX of this chapter.

(3)

Accessory buildings and structures.

(Code 1989, § 13-1-30(3); Ord. of 10-5-2004, § 13-1-30(3))

The following are the conditional uses in the C-1 district, also see article V of this chapter:

(1)

Hospitals.

(2)

Recreational establishments, including drive-in theaters, golf courses, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses.

(3)

Recreational vehicle camps, when such camps provide not less than 1,800 square feet of lot area for each cabin, recreational vehicle or tent and when such camp is clearly bounded by a fence or hedge. The requirements of Wis. Admin. Code ch. HSS 178, and all other applicable codes shall be minimum standards and may be supplemented by the planning commission.

(4)

Kennels.

(5)

Animal hospitals, including the outside village boarding of animals.

(6)

Automobile body repair shops.

(7)

Transmitting towers, receiving towers, relay and microwave towers, including broadcast facilities and studios.

(8)

Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, sewage disposal plants, municipal incinerators, power plants, shops and storage yards.

(9)

Mobile home sales establishments.

(Code 1989, § 13-1-30(4); Ord. of 10-5-2004, § 13-1-30(4))

If lot abuts shoreland, also see article IV of this chapter. All setbacks must comply with Wisconsin Department of Transportation if located on state Highway 48, or Washburn County Zoning Requirements if located on Highway D.

(1)

Lot size.

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 80 feet.

(2)

Setbacks and required yards for principal building.

a.

Minimum front yard: 25 feet.

b.

Minimum side yard: eight feet.

c.

Minimum rear yard: 25 feet.

(3)

Setbacks and required yards for accessory buildings. Side and rear yard setbacks are 18 inches for all accessory buildings.

(4)

Maximum building height.

a.

Principal building: 35 feet. A building may be erected to a height of 45 feet if the setback from all required yard lines is increased a distance of one foot for each foot of additional height above 35 feet.

b.

Accessory building: 20 feet.

(Code 1989, § 13-1-30(5); Ord. of 10-5-2004, § 13-1-30(5))

The I-S Specialized Industrial District is established to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, research and development institutions, and certain specialized manufacturing establishments, all of a non-nuisance type. The essential purpose of this district is to achieve development which is practical, feasible and economical and an asset to the owners, neighbors and the community and to promote and maintain desirable economic development activities in a park like setting.

(Code 1989, § 13-1-31(1); Ord. of 10-5-2004, § 13-1-31(1))

(a)

No use shall be so conducted as to cause the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere. All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. Prior to issuance of a zoning certificate or occupancy certificate, the zoning administrator may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.

(b)

All business, servicing or processing, except off-street parking and off-street loading, and outside storage areas as regulated hereinafter, shall be conducted within completely enclosed buildings.

(c)

The building coverage on any zoning lot shall not exceed 50 percent.

(d)

Parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereinafter, shall be limited to vehicles of not over four tons gross vehicle weight when located within 150 feet of a residence district boundary line.

(Code 1989, § 13-1-31(2); Ord. of 10-5-2004, § 13-1-31(2))

The following uses are permitted in the I-S district:

(1)

Any production, or processing, cleaning, servicing, testing or repair of materials, goods or products, limited to the following uses, products, components, or circumstances:

a.

Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices.

b.

High technology products related to the fields of physics, oceanography, astrophysics, metallurgy, chemistry and biology.

c.

Laser technology, radiology, X-ray and ultrasound products, manufacturing and assembly.

d.

Medical and dental supplies.

e.

Optical, fiber optical and photographic products and equipment.

f.

Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers.

g.

Products related to process design, process simulation, software development, and safety engineering.

h.

Scientific and precision instruments and components, including robotics.

i.

Small-scale products (finished weight not exceeding 50 pounds) related to energy and environmental or to telecommunications and satellite applications.

j.

Small-scale products (finished weight not exceeding 50 pounds) related to the resource industries of agriculture and food production, forestry, petrochemicals and mining.

k.

Specific products not listed above but similar in intent and character and which may be defined as being produced or assembled manually or by a light industrial process by virtue of the use of only light machinery; being conducted entirely within enclosed substantially constructed buildings; in which the open area around such buildings is not used for storage of raw, materials or manufactured products, or for any industrial purpose other than loading and unloading operations; and which are not noxious or offensive by reason of emission of smoke, dust, fumes, odors, noise, or vibrations beyond the confines of the building.

(2)

Laboratories for research, development and testing, including testing facilities and equipment, and manufacturing and fabrication of products in conjunction with such research or development.

(3)

Offices, business and professional, including banks and financial institutions.

(4)

Pilot plants or other facilities for the testing of manufacturing, processing or fabrication methods, or for the testing of products or materials.

(5)

Telecommunication centers.

(6)

Accessory uses, including, but not limited to the following:

a.

Educational or training centers or institutions.

b.

Nursery schools or day care centers for children of employees on the site.

c.

Restaurants or structurally integrated lodging facilities which are open only to persons employed on the site and to business visitors and guests.

d.

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

e.

Reproduction processes related to a primary function including printing, blueprinting, photostating, lithographing, engraving, stereotyping, publishing and bookbinding.

(Code 1989, § 13-1-31(3); Ord. of 10-5-2004, § 13-1-31(3))

The following are the conditional uses in the I-S district, also see article V of this chapter:

(1)

Parking facilities, open and accessory, for the storage of private passenger automobiles only, when located elsewhere than on the same zoning lot as the principal use served, subject to the applicable provisions of article VIII.

(2)

Public utility and public service uses as follows:

a.

Bus stations, bus terminals, bus turnarounds (off-street), bus garages and bus lots.

b.

Electric power production and substations.

c.

Natural gas transmission and distribution.

d.

Radio and television towers.

e.

Railroad passenger stations and rights-of-way.

f.

Telephone exchanges, microwave relay towers, telephone transmission equipment buildings and service yards and telephone booths (outside).

(3)

Any production, or processing, cleaning, servicing, testing or repair of materials, goods or products, limited to the following uses, products, components, or circumstances:

a.

Cameras and other photographic equipment.

b.

Ceramic products, such as pottery, figurines and small glazed tiles.

c.

Cosmetics and toiletries, drugs, perfumes, and perfumed soaps.

d.

Drugs and pharmaceutical products.

e.

Electrical appliances, such as lighting fixtures, irons, fans and toasters.

f.

Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery.

g.

Electrical supplies, manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation and dry cell batteries.

h.

Products from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious and semiprecious stones, rubber, shell, wood, but not including a planing mill, and yarn.

i.

Products related to material research and development in such areas as prepared glass, ceramics, carbon fiber, metals, textiles, polymers, plastics, chemical foams and inorganic chemicals such as liquid crystals, and synthetic fuels.

j.

Products, finished weight exceeding 50 pounds, related to energy and environmental or to telecommunications and satellite applications.

k.

Products, finished weight exceeding 50 pounds, related to the resource industries of agriculture and food production, forestry, petro-chemicals and mining.

(4)

Conference centers and hotel facilities.

(5)

Agricultural production.

(Code 1989, § 13-1-31(4); Ord. of 10-5-2004, § 13-1-31(4))

If lot abuts shoreland area, also see article IV of this chapter. All setbacks must comply with Wisconsin Department of Transportation if located on state Highway 48, or Washburn County Zoning Requirements if located on Highway D. The following are the dimensional requirements for the I-S district:

(1)

Minimum lot area: One-half acre.

(2)

Minimum lot width: 100 feet.

(3)

Minimum front yard setback: 25 feet.

(4)

Minimum side yard setback; 15 feet.

(5)

Minimum side street setback: 20 feet.

(6)

Minimum rear setback: 30 feet.

(7)

Maximum building height: 42 feet permitted; above 42 feet on a conditional use basis.

(8)

Maximum lot area coverage: 50 percent.

(Code 1989, § 13-1-31(5); Ord. of 10-5-2004, § 13-1-31(5))

The I-1 General Industrial District provides a place for all industrial activities, as well as wholesale and research establishments, where interference between industrial activities on the one hand and commercial and residential activities on the other is minimized.

(Code 1989, § 13-1-32(1); Ord. of 10-5-2004, § 13-1-32(1))

The following are permitted uses in the I-1 district.

(1)

Warehousing and wholesaling.

(2)

Printing and publishing houses and related activities.

(3)

Experimental, testing and research laboratories not involving the keeping of animals, use of animal products, any significant degree of danger or undesirable operational characteristics.

(4)

Automobile body repair shops and upholstery shops.

(5)

Manufacture, fabrication, packing, packaging and assembly of products utilizing as a primary resource furs, glass, metal, paper leather, plaster, plastics, textiles and wood, excluding foundries.

(6)

Manufacture, fabrication, processing, packing and packaging of candy, cosmetics, electrical appliances, electronic devices, instruments, jewelry, pharmaceuticals, tobacco, toiletries and food, except fish and meat products, cabbage and the rendering of fats and oils.

(7)

Outdoor storage of products, materials and equipment.

(8)

Lumber and building supply yards.

(9)

Building contractors' storage yards.

(10)

Transportation terminals, including trucking.

(11)

Feed mills.

(12)

The preparation and canning of foods and other articles for food preparation.

(13)

Iron, steel, aluminum, brass or copper foundries.

(Code 1989, § 13-1-32(2); Ord. of 10-5-2004, § 13-1-32(2))

The following are the permitted accessory uses in the I-1 district:

(1)

Residential quarters for the resident operator, guard or caretaker.

(2)

Offices, power supply and other uses normally auxiliary to the principal industrial operations.

(3)

Parking and loading. See article VIII of this chapter.

(4)

Signs. See article IX of this chapter.

(Code 1989, § 13-1-32(3); Ord. of 10-5-2004, § 13-1-32(3))

The following are the conditional uses in the I-1 district, also see article V of this chapter:

(1)

Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives or glue.

(2)

Animal hospitals, kennels and laboratories using animal products.

(3)

Transmitting towers, receiving towers, relay and microwave towers.

(4)

Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, sewage disposal plants, municipal incinerators, power plants, shops and storage yards.

(Code 1989, § 13-1-32(4); Ord. of 10-5-2004, § 13-1-32(4))

If lot abuts shoreland area, also see article IV of this chapter. All setbacks must comply with Wisconsin department of Transportation if located on state Highway 48, or Washburn County Zoning requirements if located on Highway D:

(1)

Lot size.

a.

Minimum lot area: One-half acre.

b.

Minimum lot width: 100 feet.

(2)

Setbacks and required yards for principal building.

a.

Minimum front yard: 25 feet; 50 feet if parking is within the front yard.

b.

Minimum side yard: ten feet*.

c.

Minimum rear yard: 20 feet*.

*When adjoining or abutting a residence district, a minimum setback of 30 feet will be maintained, with a minimum six feet high planting screen, wall or fence provided.

(3)

Setbacks and required yards for accessory buildings. Side/rear yard setbacks are five feet for all accessory buildings, except when adjoining or abutting a residence district in which case the setbacks shall be 30 feet as required for the principal building.

(4)

Maximum building height. 50 feet for all buildings.

(Code 1989, § 13-1-32(5); Ord. of 10-5-2004, § 13-1-32(5))

The purpose of the C-1 Conservancy District is to preserve and perpetuate in an open state certain areas, such as, but not limited to, lakes and waterways, wetlands and marshes, floodplains and streambeds, woodlands and other areas of aesthetic value which, because of their unique physical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green belts and other multiple purpose uses beneficial to the community.

(Code 1989, § 13-1-33(1); Ord. of 10-5-2004, § 13-1-33(1))

The following are the permitted uses in the C-S district:

(1)

Management of forestry, wildlife and fish.

(2)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, fruit trees and tree seeds.

(3)

Fishing.

(4)

Parks and forest reserves.

(Code 1989, § 13-1-33(2); Ord. of 10-5-2004, § 13-1-33(2))

The following are the permitted accessory uses in the C-S district:

(1)

Structures used in or accessory to a fish hatchery.

(2)

Nonhabitable park or recreation shelters.

(3)

Structures, such as bridges used to traverse lowlands or watercourses.

(4)

Signs. See article IX of this chapter.

(Code 1989, § 13-1-33(3); Ord. of 10-5-2004, § 13-1-33(3))

The following are the conditional uses in the C-S district, also see article V of this chapter:

(1)

Bicycle or hiking trails.

(2)

Public parking areas that are directly related to the use of the Conservancy District.

(3)

Public facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges and sewage disposal plants.

(Code 1989, § 13-1-33(4); Ord. of 10-5-2004, § 13-1-33(4))

If lot abuts shoreland area, also see article IV of this chapter. All setbacks must comply with Wisconsin Department of Transportation if located on state Highway 48, or Washburn County Zoning Requirements if located on Highway D.

(1)

Lot size.

a.

Minimum lot area: None

b.

Minimum lot width: None.

(2)

Setbacks and required yards for principal building.

a.

Minimum front yard: 30 feet.

b.

Minimum side yard: ten feet.

c.

Minimum rear yard: 25 feet.

(3)

Setbacks and required yards for accessory buildings. Side/rear yard setbacks are five feet for all accessory buildings.

(4)

Maximum building height. 35 feet for all buildings.

(Code 1989, § 13-1-33(5); Ord. of 10-5-2004, § 13-1-33(5))

The PUD Planned Unit Development District is intended to permit developments that will over a period of time be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; provide attractive recreation and open spaces as integral parts of the developments; enable economic design in the location of public and private utilities and community facilities; and ensure adequate standards of construction and planning. The PUD district under this article will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying basic zoning district. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Wis. Stats. ch. 703, condominiums may be permitted by the village upon specific petition under this section and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met.

(Code 1989, § 13-1-28(1); Ord. of 10-5-2004, § 13-1-28(1))

A building may be erected or used and a lot may be used or occupied for any of the following purposes, along or in combination with one another, subject to the approval of a final development plan prepared and reviewed in accordance with the provisions of this section:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Open spaces and recreation areas, including natural unimproved land, recreational facilities, such as tot lots, play fields, playgrounds, swimming pools, tennis courts, golf courses, ice skating rinks and other similar uses.

(5)

Nonresidential uses of a religious, public or semi-public, cultural, educational or commercial character, subject to the following:

a.

Such nonresidential uses shall be compatible with and secondary to the primary residential uses and be integrated into the overall development plan.

b.

The total area of such nonresidential uses in the planned unit development shall not exceed ten percent of the gross area of the planned unit development.

c.

A planned unit development shall have a minimum of five contiguous acres before commercial uses are allowed.

d.

No building permit for any nonresidential commercial use shall be issued prior to the complete construction of at least 60 percent of the dwelling units within the planned unit development.

(Code 1989, § 13-1-28(2); Ord. of 10-5-2004, § 13-1-28(2))

The minimum site area for a planned unit development shall be two contiguous acres, except as provided in section 28-174(5)c.

(Code 1989, § 13-1-28(3); Ord. of 10-5-2004, § 13-1-28(3))

In the PUD district, the requirements for lot area, lot width, side yard, rear yard, front yard, lot coverage and building height of the underlying basic use district may be modified, however, in no case shall the average density in the district exceed the number of dwelling units that would have been permitted if the Planned Unit Development District regulations had not been utilized.

(Code 1989, § 13-1-28(4); Ord. of 10-5-2004, § 13-1-28(4))

Buildings in a PUD district shall not exceed the height permitted in the underlying basic use district.

(Code 1989, § 13-1-28(5); Ord. of 10-5-2004, § 13-1-28(5))

Fences, walls or vegetative screening shall be provided along the perimeter of the Planned Unit Development where needed to shield residents or visitors to the Planned Unit Development from undesirable views, glare, noise or other off-site conditions or to shield residents or visitors in adjoining residential districts from similar adverse conditions emanating from the Planned Unit Development.

(Code 1989, § 13-1-28(6); Ord. of 10-5-2004, § 13-1-28(6))

In the PUD district, off-street parking shall be provided in accordance with article VIII of this chapter.

(Code 1989, § 13-1-28(7); Ord. of 10-5-2004, § 13-1-28(7))

The following are the sign regulation in the PUD Planned Unit Development District:

(1)

Signs within a PUD shall be both in conformance with article IX of this chapter and with a sign plan submitted and approved as part of the PUD development plan.

(2)

Such sign plan shall clearly indicate the exact location, height, dimension, design, materials and other significant features of all signs to be located within the PUD.

(3)

In developing and analyzing sign plans, consideration shall be given to the scale of the project, internal design considerations, and the character of the project as viewed from adjacent streets and properties.

(4)

When evaluating the sign plan the plan commission will consider the type and location of the building site, the proposed tenant mix, the size of the development and such other factors as it deems appropriate.

(5)

It is the intent of this section to provide for a visually attractive streetscape and to ensure that sign age in a PUD is harmonious with the project and adjacent properties. Therefore, the plan commission may require sign provisions that are more restrictive than what is required in article X of this chapter.

(Code 1989, § 13-1-28(8); Ord. of 10-5-2004, § 13-1-28(8))

In a PUD district, adequate provision shall be made for the permanent preservation and maintenance of common open space, either by private reservation or dedication to the public.

(1)

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for district approval an open space easement over such open areas as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the district. 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 by the planning commission.

(2)

The care and maintenance of such open space reservation shall be ensured by establishment of appropriate management organization for the district. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.

(3)

Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the condition of the plan approval.

(Code 1989, § 13-1-28(9); Ord. of 10-5-2004, § 13-1-28(9))

(a)

Before submitting an application for a PUD, an applicant shall confer with the Zoning commissioner, planning commission and village board if required in connection with the preparation of the planned unit development.

(b)

The purpose of the preapplication conference shall be to familiarize both the applicant and the planning commission with each other's intentions with respect to the PUD before the applicant enters into binding commitments or incurs substantial expense.

(c)

At the preapplication conference, the planning commission shall familiarize the applicant with the PUD process and explain to the applicant issues that should be considered in planning the project. The applicant shall inform the planning commission of his development concept through general outlines and sketch plans. Any statement made by either the planning commission or the applicant concerning potential disposition of a PUD application or the final form of the development shall not be legally binding.

(Code 1989, § 13-1-28(10)(A); Ord. of 10-5-2004, § 13-1-28(10)(A))

(a)

The granting of approval of a Planned Unit Development District constitutes an amendment to the zoning map and must comply with the provisions set forth in of this chapter except that, in addition, the zoning may only be considered in conjunction with a preliminary and final development plan and the provisions hereinafter set forth.

(b)

After completion of the preapplication conference, the applicant may submit to the zoning administrator an application for a zoning amendment. At the time the application is submitted, the applicant shall also submit a preliminary development plan which shall contain the following:

(1)

Statement of development concept, including the planning objectives and the character of the development to be achieved through the PUD.

(2)

An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.

(3)

The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density and environmental character (single-family, multiple-family, commercial, public, etc.).

(4)

The pattern of public and private streets.

(5)

The location, size and character of recreational and open space areas reserved or dedicated for public uses, such as recreational areas and common open space areas.

(6)

Preliminary engineering plans, including site upgrading, street improvements, drainage and public utility extensions.

(7)

Landscaping plans.

(8)

Preliminary building plans, including floor plans and exterior designs or elevations.

(9)

Development schedule indicating the appropriate date when construction of the PUD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development.

(10)

General outline of intended organizational structure related to property owners association, deed restrictions and private provision of common services.

(11)

Statement of financing plan, including projected sources and amounts of funds.

(12)

Statement of intentions regarding the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units and public facilities.

(13)

Any additional information as required by the planning commission necessary to evaluate the character and impact of the proposed PUD.

(c)

The application shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(d)

The zoning administrator shall refer the application for rezoning and any additional required information to the planning commission for study and investigation.

(e)

Within 30 days, the planning commission shall report to the village board its recommendations for the disposition of the application and preliminary development plan. The commission shall recommend that the rezoning and related plan be approved as submitted, approved with modifications or disapproved.

(f)

Within 30 days of the receipt of the planning commission's recommendation, the village board shall hold a public hearing concerning the rezoning request, but only if the petition has been acted upon favorably by the village board. As soon as possible after such public hearing, the village board shall act to approve, approve with modifications or disapprove the proposed rezoning and related plan.

(g)

The planning commission in making its recommendation and the village board in making its determination shall consider the following standards:

(1)

The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.

(2)

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

(3)

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas, by the proposed development.

(4)

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the village.

(5)

Centralized public water and sewer facilities shall be provided.

(6)

That the proposed Planned Unit Development District is consistent in all respects to the purpose of this subdivision and to the spirit and intent of this article; is in conformity with the adopted master plan, neighborhood plan or any adopted component thereof; and that the development would not be contrary to the general welfare and economic prosperity of the community.

(h)

Approval of the rezoning and related preliminary development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditional upon approval of a final development plan and shall not make permissible any of the uses as proposed until a final development plan is submitted and approved by the planning commission for all or a portion of the general development plan.

(i)

If the approval is granted, but prior to final approval the applicant or developer elects to abandon such development plan and notifies the commission in writing or fails to file for final approval within the specified times, the approval shall be deemed to be revoked. All areas within the development plan which have not received final approval shall be controlled by the zoning and subdivision regulations applicable before the development plan and rezoning was approved and the revocation of approval shall be noted on the zoning district map and in the records of the planning commission.

(Code 1989, § 13-1-28(10)(B); Ord. of 10-5-2004, § 13-1-28(10)(B))

(a)

If the preliminary development plan and the rezoning are granted tentative approval with or without conditions, the applicant shall submit a final development plan or a final development plan of that segment to be developed first to the zoning administrator within one year from the date of tentative approval. In the case of a final development plan which provides for development over a period more than one year, the time between submittals for final approval of each part of a final development plan shall be not less than 12 months.

(b)

The final development plan shall consist of final versions of all statements and graphics presented in the preliminary development plan as required in section 28-202 and must contain any revisions required by the village board at the time of tentative approval of the preliminary development plan. The final development plan and any related materials shall be a specific and detailed plan for implementation of all or a part of the proposed planned unit development and shall be suitable for recording with the Washburn County Register of Deeds.

(c)

The zoning administrator shall refer the final development plan and any additional information or required documents to the planning commission for review.

(d)

The planning commission shall review the final development plan and any related materials within 45 days and shall then approve, approve with modifications or disapprove the final development plan. The planning commission shall approve the final development plan only if the final development plan is in substantial compliance with the preliminary development plan and in accordance with the provisions of section 28-202(g).

(Code 1989, § 13-1-28(10)(C); Ord. of 10-5-2004, § 13-1-28(10)(C))

(a)

A final development plan or any part thereof, which has received final approval, shall be so certified by the planning commission and filed by the applicant or developer with the Washburn County Register of Deeds. Evidence of such recording shall be provided to the village in the form of one true and correct reproducible copy of the plan as recorded. No development shall proceed until such time as the final development plan has been placed on record. Upon the recording of the final development plan, the zoning district map shall be amended to designate the area covered by the recorded final development plan as a Planned Unit Development District.

(b)

Following such action by the commission, the zoning and subdivision regulations otherwise applicable to the land included in such final development plan shall cease to apply thereto and the recorded final development plan shall govern.

(Code 1989, § 13-1-28(10)(D); Ord. of 10-5-2004, § 13-1-28(10)(D))

The zoning administrator may issue permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(Code 1989, § 13-1-28(10)(E); Ord. of 10-5-2004, § 13-1-28(10)(E))

(a)

After approval of the final development plan by the planning commission, the developer may seek amendments to the final development plan as recorded, only if difficulties are encountered in constructing the PUD which could not have reasonably been foreseen, such as with terrain or soil conditions or other complications.

(b)

Minor changes in the location, siting and height of buildings and structures may be authorized by the planning commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:

(1)

A change in the use or character of the development.

(2)

An increase in overall coverage of structures.

(3)

An increase in the intensity of use.

(4)

An increase in the problems of traffic circulation and public utilities.

(5)

A reduction in approved open space.

(6)

A reduction of off-street parking and loading space.

(7)

A reduction in required pavement widths.

(c)

All other changes in use or rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces and changes other than that listed above must be made by the village board after review and recommendations by the planning commission, subject to the procedures specified section 28-202. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

(Code 1989, § 13-1-28(10)(F); Ord. of 10-5-2004, § 13-1-28(10)(F))

The division of any land or lands within a Planned Unit Development District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the village and when such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PUD approval.

(Code 1989, § 13-1-28(10)(G); Ord. of 10-5-2004, § 13-1-28(10)(G))