The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Elkhorn.

(Ord. No. 14-05, §§ 1, 2, 2014.)

No structure, land, water or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.

(Ord. No. 14-05, §§ 1, 2, 2014.)

Only the following uses and their essential services may be allowed in any district:

(1)

Principal uses specified for a district;

(2)

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction;

(3)

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval in accordance with Section 17.14-5. When a use is classified as a conditional use at the date of adoption of the ordinance codified in this chapter, it shall be considered a legal use without further action. Changes to or substitution of conditional uses shall be subject to review and approval in accordance with Section 17.14-5;

(4)

Temporary office structures, including but not limited to real estate sales field offices, may be permitted by the Zoning Administrator provided (a) such real estate field offices shall be located on the parcel or in the development for which sales or rentals are made, and (b) shall be housed in a principal building of the same type and style of construction as the properties being sold or rented from said office. The Zoning Administrator may impose additional reasonable conditions on such offices or modify these conditions upon a finding that such additional conditions or modifications will not violate the spirit or intent of this zoning code and will not create a substantial detriment to adjacent property or to the public interest.

(5)

The use of a temporary greenhouse structure accessory to a non-residential structure may be permitted by the Zoning Administrator within any zoned district for a period not to exceed 120 consecutive calendar days. The Zoning Administrator may impose additional reasonable conditions on such structures or modify these conditions upon a finding that such additional conditions or modifications will not violate the spirit or intent of this zoning code and will not create a substantial detriment to adjacent property or to the public interest. The applicant must secure all necessary building and zoning permits for the structure, complying with the setback, area, and height requirements for the underlying zoning district.

(Ord. No. 14-05, §§ 1, 2, 2014; Ord. No. 2025-04, § 1, 2-3-2025)

(1)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The City Plan Commission, in applying the provisions of this article, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter the City Plan Commission may affirm, modify, or withdraw its determination of unsuitability. The applicant shall bear all responsibility and costs for conducting necessary tests for the City Plan Commission to make a determination.

(2)

All lots shall abut upon a public street, and each lot shall have a minimum frontage of 40 feet (such as in a cul-de-sac).

(3)

All principal structures shall be located on a lot; and only one principal structure shall be located, erected or moved onto a lot in the single-family and two-family residential districts. The Plan Commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel; such developments shall be considered for approval through the process for a Planned Unit Development per Section 17.4-24. When additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or may require a minimum separation distance between principal buildings.

(4)

No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(5)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not less than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts. Where a residential district abuts either a commercial or industrial district, the residential district setback shall be 25 feet except where a residential district abuts the B-1 Central Business District.

(6)

No single-family dwelling shall be erected or installed in any zoning district (except the RM-3 District) unless it meets all of the following:

(a)

Is set on an enclosed foundation in accordance with Section 70.043(1) Wis. Stats., which meets the standards set forth in subchapters III, IV and V of Chapter ILHR 21, Wis. Adm. Code. The City may require a plan certified by a registered architect or registered professional engineer to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure;

(b)

Is properly connected to utilities;

(c)

Shall have a minimum width of 24 feet;

(d)

Shall have a minimum living area per building of at least 1,000 square feet not including finished basements, enclosed porches, garages or decks. Living area shall be measured from the outside edge of the exterior walls for each floor level.

(Ord. No. 14-05, §§ 1, 2, 2014.)

No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter; unless otherwise authorized by this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used by any other structure or use not otherwise authorized by this chapter.

(Ord. No. 14-05, §§ 1, 2, 2014.)