(a)

The zoning districts are so designed to assist in carrying out the intents and purposes of the comprehensive plan and are based upon the comprehensive plan which has the purpose of protecting the public health, safety, comfort, convenience and general welfare. Therefore, the Village of Harrison, Calumet and Outagamie Counties, Wisconsin, is hereby divided into the following zoning districts wherein regulations are uniform for each class or type of building or structure, or use, throughout each zoning district in order to:

(1)

Classify, regulate, and restrict the location of residences, commercial establishments, industries, institutional, recreation and other land uses, and the location of buildings designed for specific uses;

(2)

Assure the proper relation and conformity of new buildings and structures to the fabric of existing surrounding neighborhoods;

(3)

Regulate and limit the heights of buildings and structures;

(4)

Regulate the percentages of lot areas which may be covered by impervious surfaces;

(5)

Establish setback lines, sizes of yards and other open spaces surrounding buildings;

(6)

Regulate the density of the village; and

(7)

To carry out the intent and purposes established in the village comprehensive plan.

(b)

The village is hereby divided into the following zoning districts and zoning overlay districts:

(Ord. No. 10-147, § 4.0(1), 7-27-2010)

(a)

Establishment. The location and boundaries of the districts shall be as shown on a map entitled the Official Zoning Map of the Village of Harrison, Calumet and Outagamie Counties, Wisconsin. The district symbol as set out above and sections 117-80—117-93 shall be used to designate each district. The official zoning map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(b)

Amendments. Amendments to the official zoning map shall be in accordance with the provisions of section 117-31. Amendments shall promptly be portrayed on the official zoning map.

(1)

The Shoreland Zoning Overlay District (SHO) may be amended on the official zoning map by the zoning administrator as determinations of navigable waters are filed with the zoning administrator.

(c)

Final authority as to zoning status. Regardless of the existence of purported copies of all or part of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the clerk's office, shall be the final authority as the current zoning status of any lands.

(d)

Replacement of official zoning map. If the official zoning map, or any page or portion thereof, becomes damaged, lost, destroyed or difficult to interpret, the village board may by resolution adopt a new official zoning map or any page or pages thereof, which shall supersede the prior official zoning map, or page or pages thereof. The new official zoning map, or page or pages thereof, may correct drafting or other errors or omissions, but no such correction shall be the effect of amending the original official zoning map or page or pages thereof. If, in the process of correcting drafting or other errors or omissions, district boundaries are changed or altered, then action shall be taken only in the form of an amendment.

(e)

Retention of earlier maps. All zoning maps which have had the force and effect of official zoning maps for the village prior to the effective date of adoption of this chapter shall be retained as a public record and as a guide to the zoning status of lands prior to such date.

(Ord. No. 10-147, § 4.0(2), 7-27-2010)

(a)

Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning map indicates that the district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.

(b)

Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, alleys or rights-of-way shall be construed as following such centerlines.

(2)

Boundaries indicated as approximately following lot lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to the dedicated street, highway or right-of-way and the zoning status of the street, highway or right-of-way is not indicated, the boundaries shall be construed as running to the center of the street, highway or right-of-way.

(3)

Boundaries indicated as approximately following the municipal limits of the village shall be construed as following such limits.

(4)

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.

(6)

Boundaries indicated as dividing a lot or plot of land shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where the property layout existing on the ground is at variance with that shown in the official zoning map, the zoning administrator shall interpret the official zoning map. The determination by the zoning administrator may be appealed as provided in section 117-33.

(Ord. No. 10-147, § 4.0(3), 7-27-2010)

The regulations set by this chapter within each district shall be minimum or maximum regulations and shall apply uniformly to each class or kind of structure or land except as provided:

(a)

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No structure shall hereafter be erected or altered:

(1)

To exceed the height.

(2)

To accommodate or house a greater number of families.

(3)

To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required.

(4)

To be in any other manner contrary to the provisions of this chapter.

(c)

Every building hereafter erected or moved shall be on a lot having frontage on a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and off-street parking.

(d)

No more than one principal building or use shall occupy a single lot, except where a lot or tract is in a PDO district or used for multi-family, educational, institutional, motel, hotel, commercial or industrial purposes. In such cases, more than one principal building or use may be located upon the lot or tract, provided such buildings conform to all yard and open space requirements around the lot for the district in which the lot or tract is located.

(e)

No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off street parking or loading space similarly required for any other building except as specified in article VI, Access, Parking, and Loading and article IX, Landscaping and Screening standards, of this chapter.

(f)

No yard or lot existing prior to the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

(g)

No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced. No accessory building shall be used unless the principal building on the lot is also being used. No cellar, basement or accessory building shall be used as a dwelling prior to substantial completion of the dwelling of which it is part.

(h)

Temporary structures are prohibited for use as permanent principal or accessory buildings or structures in all zoning districts.

(i)

There shall not be more than one zoning district on any parcel of land with the exception of lands containing the natural and conservancy (NC) zoning district and the application of an overlay district which has been applied over a base zoning district and which has been approved by the village.

Table 1. Table of Uses

The intent of the table of uses is to be a reference guide for all uses listed in this chapter. Where there is a conflict between the table of uses and those uses listed in the text of a particular zoning district, the uses listed in the text of the zoning district shall rule.

(Ord. No. 10-147, § 4.0(4), 7-27-2010; Ord. No. 11-160, 9-13-2011; Ord. No. 11-162, 11-29-2011)

(a)

Intent. The intent of this district is to maintain, preserve, and enhance open land areas historically used for farms and agricultural purposes. It is also intended to accommodate farm houses on operating farms. It is also intended to accommodate certain nonagricultural uses, the intensity of which will be limited due to a lack of public sanitary sewer and water facilities.

(b)

Permitted uses and structures.

(1)

Agriculture and general farming; including but not limited to:

a.

Apiculture (beekeeping).

b.

Dairy farming and general agriculture.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Poultry and livestock raising, except commercial feed lot and fur farms.

e.

Stables; private, noncommercial.

f.

Grain and seed cropping.

g.

Nurseries and orchards.

h.

Sod farms.

i.

Grazing or pasturing.

j.

Greenhouses, not including retail sales of plants and flowers.

k.

Raising of tree fruits, nuts and berries.

l.

Raising of vegetables.

m.

Viticulture (grape growing).

n.

Forest and game management.

(2)

Crop production.

(3)

General farm buildings; including agricultural barns, silos, sheds and machine storage buildings, provided that such building or structure housing livestock is located at least 100 feet from any off-premise residential dwelling.

(4)

Dwellings, single-family, detached, as part of an operating farm.

(5)

Essential services.

(6)

Gardens, nurseries, orchards and greenhouses; provided no sales are conducted on premises.

(7)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(8)

Recreational trails.

(9)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Boathouses; private, noncommercial.

(2)

Decks (attached or detached).

(3)

Fountain, sculpture, or other aesthetic structure.

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(6)

Home occupations and businesses; pursuant to section 117-127.

(7)

Signs; pursuant to article VII.

(8)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(9)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Airports, landing strips or fields, heliports, and hangers; public or private.

(2)

Animal hospitals, shelters, commercial boarding and riding stables (min. five acres), kennels and veterinary services.

(3)

Camps, camping, and related establishments.

(4)

Cemetery or mausoleum; provided the mausoleum has a 50-foot setback from any lot line.

(5)

Commercial recreational establishments, outdoor; including amusement or theme parks; miniature golf; and similar facilities.

(6)

Commercial truck, bus, mobile home, large vehicle, or heavy equipment sales and rentals.

(7)

Farm equipment, small engine repair shops and welding activities.

(8)

Golf courses.

(9)

Greenhouses; commercial.

(10)

Kennel.

(11)

Landscaping business; including retail sale.

(12)

Mini-warehousing; provided the site is located outside the limits of the planning area boundary for sewer service.

(13)

Municipal wastewater and/or sewage treatment facilities.

(14)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(15)

Nurseries and orchards; commercial.

(16)

Offices and storage yards, trade and contractor.

(17)

Racetrack.

(18)

Radio, satellite, and television antennas.

(19)

Resource extraction; pursuant to section 117-131.

(20)

Salvage yard and junk yard.

(21)

Solar energy systems.

(22)

Solid waste disposal facilities, landfills and municipal compost sites.

(23)

Utility substations and installations; including gas, electric, telephone, or uses of similar nature.

(24)

Wireless communication towers; pursuant to section 117-132.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the uses listed below, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in subsection (d), AG conditional uses and structures.

(g)

Lot area.

(1)

Lots shall be a minimum of one acre in area.

(2)

Lots where livestock, except poultry, are kept on the premises shall be a minimum of three acres in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 150 feet in width.

(i)

Lot coverage. The maximum lot coverage of all buildings and structures on the lot of a non-operating farm shall be 20 percent of the lot area, excluding decks, swimming pools, patios and driveways. An operating farm shall not have a lot coverage requirement.

(j)

Impervious surface coverage. The maximum impervious surface coverage of all buildings and structures on the lot of a non-operating farm shall be 50 percent of the lot area, including decks, swimming pools, patios and driveways. An operating farm shall not have a impervious surface coverage requirement.

(k)

Building height and stories.

(1)

Farm homes and non-farm buildings. Farm homes and non-farm buildings shall not exceed 35 feet in height or 2.5 stories.

(2)

Farm buildings. General farm buildings or structures shall not exceed 50 feet in height, excluding silos, grain elevators or other similar structures.

(3)

Accessory structures. Accessory structures, not used solely for agricultural purposes, shall not exceed 24 feet in height.

(l)

Accessory detached garages and sheds.

(1)

Number. The maximum number of accessory detached garages and sheds, not used solely for agricultural purposes, shall be two.

(2)

Size. The maximum size of accessory detached garages and sheds, not used solely for agricultural purposes, shall be 3,000 square feet.

(3)

Total area. The total area of all accessory detached garages and sheds, not used solely for agricultural purposes, shall be 3,000 square feet.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a minimum front yard of 50 feet, measured from the front lot line or right-of-way line, or from the right-of-way line of an officially mapped street, whichever is greater. There shall be a minimum front yard of 60 feet from a county road and 75 feet from a state or federal road, measured from the front lot line or right-of-way line, or from the right-of way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 25 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 50 feet, measured from the rear lot line.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 50 feet, measured from the front lot line or right-of-way line, or from the right-of-way line of an officially mapped street.

b.

Side yard. There shall be a minimum side yard of 25 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot, unless such building or structure receives a village building permit that meets the provisions of COMM 21.08, Wis. Admin. Code, relating to fire separation and dwelling unit separation.

Table 2. Table of District Standards for AG, General Agricultural District

(Ord. No. 10-147, § 4.2, 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. 11-162, 11-29-2011; Ord. No. V21-14, 6-29-2021)

(a)

Intent. The intent of this district is to provide for single-family, detached residential development, primarily without public sanitary sewer and water facilities, in a rural setting, the intensity of which will be limited due to a lack of public sanitary sewer and water facilities, at a density not to exceed one dwelling unit per acre. This district is intended to be approved in areas identified as single family residential (unsewered), farmstead homes, and Ag/Vacant/Undeveloped on the future land use map in the Harrison Comprehensive Plan, with very limited approval in transitional areas identified on the same map.

(b)

Permitted uses and structures.

(1)

Dwellings, single-family, detached.

(2)

Community living arrangements, with a capacity for eight or fewer persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Day care, family.

(4)

Essential services.

(5)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(6)

Recreational trails.

(7)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Home occupations and businesses; pursuant to section 117-127.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Boathouses; private, noncommercial.

(4)

Decks (attached or detached).

(5)

Game courts; private noncommercial, including tennis and basketball.

(6)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(7)

General farm buildings; including agricultural barns, silos, sheds and machine storage buildings, provided that such building or structure housing livestock is located at least 100 feet from any off-premise residential dwelling.

(8)

Signs; pursuant to article VII.

(9)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(10)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(11)

Agricultural and General Farming.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Bed and breakfast establishments.

(2)

Community living arrangements, with a capacity for greater than eight persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Dwelling units, accessory; pursuant to section 117-126.

(4)

Planned developments; pursuant to section 117-93.

(5)

Golf courses.

(6)

Cemetery or mausoleum; provided the mausoleum has a 50-foot setback from any lot line.

(7)

Educational institutions; elementary, middle and high schools.

(8)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(9)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(10)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the uses listed below, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in subsection (d), RR conditional uses and structures.

(2)

Buildings or structures associated with a park, playground or nature preserve.

(g)

Lot area.

(1)

Lots shall be a minimum of one acre in area, except lots within 300 feet of Lake Winnebago shall be a minimum of 12,000 square feet in area.

(2)

Lots where livestock, except poultry, are kept on the premises shall be a minimum of three acres in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 150 feet in width, except lots within 300 feet of Lake Winnebago shall be a minimum of 80 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 25 percent of the lot area, excluding decks, swimming pools, patios and driveways.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 35 percent of the lot area, including decks, swimming pools, patios and driveways.

(k)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 35 feet in height or 2.5 stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 24 feet in height, except attached garages, provided the total height of the attached garage does not exceed the total height of the principal structure.

(l)

Accessory detached garages and sheds.

(1)

Number. The maximum number of accessory detached garages and sheds shall be two.

(2)

Size. The maximum size of accessory detached garages and sheds shall be 4,000 square feet.

(3)

Total area. The maximum total area of all accessory detached garages and sheds shall be 4,000 square feet.

(4)

Special provisions along Lake Winnebago. In order to allow development on back lots of Lake Winnebago, special consideration to setbacks and other dimensional requirements is being given. The plan commission may authorize the zoning administrator to issue a zoning permit for an accessory building or structures on an adjacent lot, if the adjacent lot is located within 200 feet of the principal lot on the non-lake side of the road.

a.

Covenant. The property owner shall provide a covenant suitable for recording with the Calumet County Register of Deeds providing notice to future owners or long-term lessors of the property that the existence of the accessory building or structure is predicated upon the occupancy of the principal dwelling under the same ownership. The covenant shall also require any owner of the property to remove the accessory building or structure upon discontinuing use of the accessory building or structure or by selling either property to a different owner.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a minimum front yard of 50 feet, measured from the front lot line or right-of-way line, or from the right-of-way line of an officially mapped street, whichever is greater. There shall be a minimum front yard of 60 feet from a county road and 75 feet from a state or federal road, measured from the front lot line or right-of-way line, or from the right-of-way line of an officially mapped street, whichever is greater; except lots within 300 feet of Lake Winnebago there shall be a minimum front yard of 25 feet. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 25 feet on each side, measured from the side lot line; except lots within 300 feet of Lake Winnebago there shall be a minimum side yard of 7.5 feet on each side.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street.

b.

Side yard. There shall be a minimum side yard of ten feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of ten feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot, unless such building or structure receives a village building permit that meets the provisions of COMM 21.08, Wis. Admin. Code, relating to fire separation and dwelling unit separation.

Table 3. Table of District Standards for RR, Rural Residential District

(a)

Intent. The intent of this district is to provide for single-family, detached residential development, primarily with public sanitary sewer and water facilities, at a density not to exceed 3.6 dwelling units per acre.

(b)

Permitted uses and structures.

(1)

Dwellings, single-family, detached.

(2)

Community living arrangements, with a capacity for eight or fewer persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Day care, family.

(4)

Essential services.

(5)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(6)

Recreational trails.

(7)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Home occupations and businesses; pursuant to section 117-127.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Boathouses; private, noncommercial.

(4)

Decks (attached or detached).

(5)

Game courts; private noncommercial, including tennis and basketball.

(6)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(7)

Signs; pursuant to article VII.

(8)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(9)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Bed and breakfast establishments.

(2)

Community living arrangements, with a capacity for greater than eight persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Dwelling units, accessory; pursuant to section 117-126.

(4)

Planned developments; pursuant to section 117-93.

(5)

Golf courses.

(6)

Cemetery or mausoleum; provided the mausoleum has a 50-foot setback from any lot line.

(7)

Educational institutions; elementary, middle and high schools.

(8)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(9)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(10)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the uses listed below, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in subsection (d), RS-1 conditional uses and structures.

(2)

Buildings or structures associated with a park, playground or nature preserve.

(g)

Lot area.

(1)

Lots shall be a minimum of 12,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 80 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 25 percent of the lot area, excluding decks, swimming pools, patios and driveways.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 35 percent of the lot area, including decks, swimming pools, patios and driveways.

(k)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 35 feet in height or 2.5 stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 18 feet in height, except attached garages, provided the total height of the attached garage does not exceed the total height of the principal structure.

(l)

Accessory detached garages and sheds.

(1)

Number. The maximum number of accessory detached garages and sheds shall be one.

(2)

Size. The maximum size of accessory detached garages and sheds shall be 900 square feet.

(3)

Total area. The maximum total area of all accessory detached garages and sheds shall be 900 square feet.

(4)

Special provisions along Lake Winnebago. In order to allow development on back lots of Lake Winnebago, special consideration to setbacks and other dimensional requirements is being given. The plan commission may authorize the zoning administrator to issue a zoning permit for an accessory building or structures on an adjacent lot, if the adjacent lot is located within 200 feet of the principal lot on the non-lake side of the road.

a.

Covenant. The property owner shall provide a covenant suitable for recording with the Calumet County Register of Deeds providing notice to future owners or long-term lessors of the property that the existence of the accessory building or structure is predicated upon the occupancy of the principal dwelling under the same ownership. The covenant shall also require any owner of the property to remove the accessory building or structure upon discontinuing use of the accessory building or structure or by selling either property to a different owner.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 7.5 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street. Accessory structures shall be located no closer to the front or street yard setback than is the principal structure.

b.

Side yard. There shall be a minimum side yard of five feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of five feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot, unless such building or structure receives a village building permit that meets the provisions of COMM 21.08, Wis. Admin. Code, relating to fire separation and dwelling unit separation.

Table 4. Table of District Standards for RS-1, Single-Family Residential (Suburban) District

(Ord. No. 10-147, § 4.3, 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. 11-162, 11-29-2011)

(a)

Intent. The intent of this district is to provide for single-family, detached residential development, with public sanitary sewer and water facilities, at a density not to exceed 5.8 dwelling units per acre. This district is further intended to provide for a traditional residential neighborhood encompassing no less than five acres of land with housing types that are designed to establish and/or reinforce the street with building entrances primarily addressing the street and creating an environment that promotes pedestrian activity and interest in the street. The principal buildings are typically situated on narrower lots with shorter setbacks to the front and side yards, which still allow for porches, fences and small lawns. The parking or garage is generally located at or behind the front facade of the principal building.

(b)

Permitted uses and structures.

(1)

Dwellings, single-family, detached.

(2)

Community living arrangements, with a capacity for eight or fewer persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Day care, family.

(4)

Essential services.

(5)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(6)

Recreational trails.

(7)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Home occupations and businesses; pursuant to section 117-127.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Boathouses; private, noncommercial.

(4)

Decks (attached or detached).

(5)

Game courts; private noncommercial, including tennis and basketball.

(6)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(7)

Signs; pursuant to article VII.

(8)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(9)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Bed and breakfast establishments.

(2)

Community living arrangements, with a capacity for greater than eight persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Dwelling units, accessory; pursuant to section 117-126.

(4)

Planned developments; pursuant to section 117-93.

(5)

Golf courses.

(6)

Cemetery or mausoleum; provided the mausoleum has a 50-foot setback from any lot line.

(7)

Educational institutions; elementary, middle and high schools.

(8)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(9)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(10)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the uses listed below, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in section 117-83(d), RS-2 conditional uses and structures.

(2)

Buildings or structures associated with a park, playground or nature preserve.

(g)

Lot area.

(1)

Minimum. Lots shall be a minimum of 7,500 square feet in area.

(2)

Maximum. Lots shall be a maximum of 12,000 square feet, except lots fronting on corners, eyebrows, elbows, or cul-de-sacs which shall be a maximum of 14,000 square feet.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 65 feet in width.

(2)

Maximum. Lots shall be a maximum of 100 feet in width, except lots fronting on corners and elbows which shall be a maximum of 125 feet.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 40 percent of the lot area, excluding decks, swimming pools, patios and driveways.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 60 percent of the lot area, including decks, swimming pools, patios and driveways.

(k)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 35 feet in height or 2.5 stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 16 feet in height, except attached garages, provided the total height of the attached garage does not exceed the total height of the principal structure.

(l)

Accessory detached garages and sheds.

(1)

Number. If there is an attached garage, then the maximum number of accessory detached garages and sheds shall be one per lot. If there is no attached garage, then the maximum number of accessory detached garages and sheds shall be two per lot.

(2)

Size. The maximum size of accessory buildings shall be 600 square feet for detached garages and 200 square feet for sheds. Only one accessory building shall exceed 200 square feet.

(3)

Total area. The maximum total area of all accessory detached garages and sheds shall be 800 square feet per lot, except where there is an attached garage, then the maximum total area shall be 200 square feet.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a required front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of five feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 35 feet, measured from the rear lot line, except attached decks shall have a minimum setback of 25 feet.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Accessory structures shall be located no closer to the front or street yard setback than is the principal structure.

b.

Side yard. There shall be a minimum side yard of five feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of five feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot, unless such building or structure receives a village building permit that meets the provisions of COMM 21.08, Wis. Admin. Code, relating to fire separation and dwelling unit separation.

Table 5. Table of District Standards for RS-2, Single-Family Residential (Traditional) District

(Ord. No. 10-147, § 4.4, 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. 11-162, 11-29-2011)

(a)

Intent. The intent of this district is to provide for single-family (attached and detached) and two-family residential development, with public sanitary sewer and water facilities, at a density not to exceed four dwelling units per acre. Increased densities and the introduction of two-family housing types are intended to provide for greater housing options for owners and renters while maintaining the basic qualities of a moderately dense residential neighborhood. Although the district permits single-family, detached dwellings, it is intended that a minimum of 60 percent of the lots within the district be single-family, attached or two family dwellings. To maintain this percentage, no zoning permit shall be issued to a single-family, detached dwelling if it will reduce the percentage.

(b)

Permitted uses and structures.

(1)

Dwellings, two-family.

(2)

Dwellings, single-family, attached.

(3)

Dwellings, single-family, attached, zero lot line, pursuant to section 117-135, Zero Lot Line.

(4)

Dwellings, single-family, detached.

(5)

Community living arrangements, with a capacity for eight or fewer persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(6)

Day care, family.

(7)

Essential services.

(8)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(9)

Recreational trails.

(10)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Home occupations and businesses; pursuant to section 117-127.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Boathouses; private, noncommercial.

(4)

Decks (attached or detached).

(5)

Game courts; private noncommercial, including tennis and basketball.

(6)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(7)

Signs; pursuant to article VII.

(8)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(9)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Bed and breakfast establishments.

(2)

Community living arrangements, with a capacity for greater than eight persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(3)

Planned developments; pursuant to section 117-93.

(4)

Golf courses.

(5)

Cemetery or mausoleum; provided the mausoleum has a 50-foot setback from any lot line.

(6)

Educational institutions; elementary, middle and high schools.

(7)

Municipal water towers. water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(8)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(9)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the uses listed below, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in subsection (d), RT conditional uses and structures.

(2)

Buildings or structures associated with a park, playground or nature preserve.

(g)

Lot area.

(1)

Single-family, detached. Lots shall be a minimum of 7,500 square feet in area and a maximum of 12,000 square feet except lots fronting on comers, eyebrows, elbows, or cul-de-sacs which shall be a maximum of 14,000 square feet.

(2)

Single-family, attached, and two-family. Lots shall be a minimum of 12,000 square feet in area, 6,000 square feet for each dwelling unit, and a maximum of 20,000 square feet, 10,000 square feet for each dwelling unit.

(h)

Lot width.

(1)

Single-family, detached. Lots shall be a minimum of 65 feet and a maximum of 100 feet in width.

(2)

Single-family, attached, and two-family. Lots shall be a minimum of 100 feet, 50 feet for each dwelling unit, and a maximum of 150 feet in width.

(i)

Lot coverage.

(1)

Single-family, detached. The maximum lot coverage of all buildings and structures on the lot shall be 40 percent of the lot area, excluding temporary uses and structures, decks, swimming pools, patios and driveways.

(2)

Single-family, attached, and two-family. The maximum lot coverage of all buildings and structures for each dwelling unit shall be 40 percent of the lot area, excluding temporary uses and structures, decks, swimming pools, patios and driveways.

(j)

Impervious surface coverage.

(1)

Single-family, detached. The maximum impervious surface coverage of all buildings and structures on the lot shall be 60 percent of the lot area, including decks, swimming pools, patios and driveways.

(2)

Single-family, attached, and two-family. The maximum impervious surface coverage of all buildings and structures on the lot shall be 60 percent of the lot area, including decks, swimming pools, patios and driveways.

(k)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 35 feet in height or 2.5 stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 18 feet in height, except attached garages, provided the total height of the attached garage does not exceed the total height of the principal structure.

(l)

Accessory detached garages and sheds.

(1)

Number.

a.

Single-family, detached. The maximum number of accessory detached garages and sheds shall be one per lot.

b.

Single-family, attached and two-family. The maximum number of accessory detached garages and sheds shall be two per lot. Each dwelling unit is allowed a maximum of one.

(2)

Size. The maximum size of accessory detached garages and sheds shall be 900 square feet.

(3)

Total area.

a.

Single-family, detached. The maximum total area of all accessory detached garages and sheds shall be 900 square feet.

b.

Single-family, attached and two-family. The maximum total area of all accessory detached garages and sheds shall be 1,800 square feet per lot.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 7.5 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street. Accessory structures shall be located no closer to the front or street yard setback than is the principal structure.

b.

Side yard. There shall be a minimum side yard of five feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of five feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot, unless such building or structure receives a village building permit that meets the provisions of COMM 21.08, Wis. Admin. Code, relating to fire separation and dwelling unit separation.

Table 6. Table of District Standards for Single-Family, Detached Units in RT, Two-Family Residential District

Table 7. Table of District Standards for Single-Family, Attached Units and Two-Family Units in RT, Two-Family Residential District

(Ord. No. 10-147, § 4.5, 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. 11-162, 11-29-2011)

(a)

Intent. The intent of this district is to provide for higher density type multiple family residential development that is consistent with the provision of a high quality suburban community character as set forth in the comprehensive plan, at a minimum density of six dwelling units per acre, but not to exceed 15 dwelling units per acre, unless otherwise specified in an approved planned development master plan. This district is further intended to be used as a transitional district between the less dense residential districts and commercial/business/industrial districts and be served by public sanitary sewer and water facilities. This district is also intended to provide an area of open space or common space, with the focus on natural resource protection.

(b)

Permitted uses and structures.

(1)

Dwellings, multiple-family, developments of one or two buildings and less than 24 units total.

(2)

Dwellings, two-family.

(3)

Dwellings, single-family, attached.

(4)

Dwellings, single-family, attached, zero lot line, pursuant to section 117-135, Zero Lot Line.

(5)

Community living arrangements, with a capacity for eight or fewer persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(6)

Day care, family.

(7)

Essential services.

(8)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(9)

Recreational trails.

(10)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Home occupations and businesses; pursuant to section 117-127.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Boathouses; private, noncommercial.

(4)

Decks (attached or detached).

(5)

Game courts; private noncommercial, including tennis and basketball.

(6)

Garages (attached or detached), sheds, gazebos, and uses of similar nature; private, noncommercial.

(7)

Signs; pursuant to article VII.

(8)

Swimming pools (temporary), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(9)

Swimming pools (permanent), private, noncommercial; pursuant to chapter 103 of the Municipal Code.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Dwellings, multiple-family, developments of three buildings or more or 24 units or more.

(2)

Assisted living or retirement home facilities.

(3)

Bed and breakfast establishments.

(4)

Community living arrangements, with a capacity for greater than eight persons, subject to the provisions and limitations of Wis. Stats. § 62.23&7)(i).

(5)

Convalescent homes and nursing homes.

(6)

Manufactured housing parks; pursuant to chapter 107 of the Municipal Code.

(7)

Planned developments; pursuant to section 117-93.

(8)

Golf courses.

(9)

Educational institutions; elementary, middle and high schools.

(10)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(11)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(12)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for the following uses and structures, a site plan shall be required in accordance with article XIII, Site Plan Review.

(1)

All uses listed in subsection (d), RM conditional uses and structures.

(2)

Buildings or structures associated with a park, playground or nature preserve.

(g)

Lot area.

(1)

Lots shall be a minimum of 20,000 square feet in area.

(h)

Lot width.

(1)

Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all structures on the lot shall not exceed 40 percent of the lot area, excluding temporary uses, decks, swimming pools, patios and driveways.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 60 percent of the lot area, including decks, swimming pools, patios and driveways.

(k)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 40 feet in height or three stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 24 feet in height.

(l)

Accessory detached garages and sheds.

(1)

Number. The maximum number of accessory buildings shall be equal to the number of principal buildings.

(2)

Size. The maximum size of accessory buildings shall be equal to 300 square feet times the number of dwelling units associated with the accessory building.

(3)

Total area. The maximum total area of all accessory buildings shall be equal to 300 square feet times the total number of dwelling units.

(m)

Yard requirements.

(1)

Principal structure.

a.

Front yard. There shall be a minimum front yard of 25 feet measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 20 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 30 feet, measured from the rear lot line.

d.

Distance between multiple-family buildings. The minimum distance between multiple-family buildings shall be 20 feet.

(2)

Accessory structures.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater.

b.

Side yard. There shall be a minimum side yard of 20 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 20 feet, measured from the rear lot line.

d.

Distance from other structures. Accessory buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(n)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Materials. At least 50 percent of all exterior walls facing a public street shall be faced with brick, block, fieldstone, architectural cement board siding or other architectural masonry material. Roofs which exceed a pitch of more than three inches in 12 inches shall either be shingled or have an architectural metal roofing system.

(2)

Garage door placement. The garage wall(s) containing a garage door opening facing a public street shall not comprise more than 50 percent of the facade of the principal structure width containing the primary entrance, measured along the ground level.

(3)

Roof. The total height of the roof(s) from the lowest portion of the roof(s) to the ridge line shall be no greater than the height of the facade(s) of the building, measured vertically from the ground level of the facade(s) to the lowest portion of the roof(s), unless dormers are present.

(4)

Building composition.

a.

Site. All principal buildings shall have a well-defined front facade and entrance with the primary entrance facing a public or private street if possible. The buildings shall be aligned so the dominant lines of their facades parallel the line of the street to help create a street wall.

b.

Walls. No flat walls exceeding 100 feet in length shall be permitted for any structure; wall offsets, architectural details and wall facing shall be used to meet this requirement.

c.

Windows. There shall be a minimum of one window, per story, per side of the principal building. Accessory garages or parking buildings shall have windows, or other architectural features, to break long expanses of the building facade when facing a public street.

Table 8. Table of District Standards for RM, Multiple-Family Residential District

(Ord. No. 10-147, § 4.6, 7-27-2010; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to allow for limited commercial, retail and service establishments in areas where the surrounding neighborhood is predominately residential and the character and operation of which are compatible with the character of the surrounding area. The district should typically be located near intersections or along major or minor thoroughfares.

(b)

Permitted uses and structures.

(1)

Clinic, medical and dental.

(2)

Convenience stores.

(3)

Day care, center.

(4)

Essential services.

(5)

Financial institutions; banks and credit unions.

(6)

Fitness, recreational sports, gym, or athletic club.

(7)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(8)

Recreational trails.

(9)

Retail establishments, food; including bakeries, grocery stores, convenience stores, fish or meat markets, and uses of a similar nature.

(10)

Retail establishments, personal service; including barber or beauty shops, laundry or dry cleaner, and uses of a similar nature.

(11)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot with the principal use or structure.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Decks (attached or detached).

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Signs; pursuant to article VIL

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Automobile repair and service establishments.

(2)

Bars, taverns, and nightclubs.

(3)

Beer, wine, and liquor store (off-premises consumption of alcohol).

(4)

Car washes.

(5)

Clubs and organizations; nonprofit and profit.

(6)

Drive-thru facilities, in conjunction with any permitted principal use listed in subsection (b).

(7)

Gasoline/fueling stations.

(8)

Multi-tenant buildings.

(9)

Offices, business and professional.

(10)

Planned developments; pursuant to section 117-93.

(11)

Residential dwelling units; in conjunction with a commercial development.

(12)

Restaurant.

(13)

Restaurant; fast food.

(14)

Retail establishments, general merchandise; including apparel, appliance, bicycle, electronic, furniture, department and superstore/discount stores, and uses of a similar nature.

(15)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for any use or structure in this district, a site plan shall be required in accordance with article XIII, Site Plan Review.

(g)

Lot area.

(1)

Lots shall be a minimum of 12,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 50 percent of the lot area, excluding temporary uses and structures.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 75 percent of the lot area.

(k)

Landscaping. Landscaping shall be in accordance with article IX, Landscaping and Screening, and the following:

(1)

Open space. The minimum open space or green space on the lot shall be 25 percent of the lot area.

(l)

Off-street parking. Off-street parking and traffic requirements shall be in accordance with article VI, Access, Parking and Loading, and the following:

(1)

Parking lots and driveways shall be located no closer than 15 feet from a lot line of a residential zoning district and shall utilize screening in accordance with article IX, Landscaping and Screening.

(m)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 25 feet in height or one stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 16 feet in height.

(n)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of ten feet on each side, measured from the side lot line, or 25 feet if abutting a residential zoning district.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(o)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Building orientation. All principal buildings shall have a well-defined front facade and entrance with the primary entrance.

(2)

Materials. Seventy-five percent of all exterior walls facing a public or private street and at least the lower one-third of all other exterior shall be glass, brick, block, fieldstone or other architectural masonry material. Roofs which exceed a pitch of more than three inches in 12 inches shall either be shingled or have an architectural metal roofing system.

(3)

Walls. No flat walls exceeding 50 feet in length shall be permitted for any structure; wall offsets, recesses or projections, change in height, change in materials or other architectural details shall be used to meet this requirement.

(4)

Exterior lighting. All exterior lighting shall be in accordance with the following:

a.

All wall-mounted exterior lighting shall be direct cut-off fixtures.

b.

All areas containing exterior lighting (except public street lighting) shall limit light trespass onto adjacent property. Compliance shall be achieved by utilizing fixture shielding, directional control, location, and/or height.

c.

Accent light may be used to highlight architectural and landscape design elements.

d.

Pedestrian walkways and parking areas shall be illuminated to a sufficient level so as to provide for safety and security.

e.

Freestanding light fixtures shall have a maximum height of 25 feet.

f.

Wood light poles shall be prohibited.

(5)

Dumpster/refuse enclosures.

a.

Materials. Dumpster/refuse enclosure sides facing a public street or adjacent property shall be 100 percent wood, vinyl, or architectural masonry that compliments the principal building. Landscape planting surrounding the enclosure is encouraged.

b.

Location. Dumpster/refuse enclosures are not permitted in the front yard.

(6)

Mechanical equipment. All mechanical equipment whether on the ground or roof mounted, including electrical, HVAC, mechanical, or similar, shall be enclosed or screened. Roof mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible.

Table 9. Table of District Standards for CN, Neighborhood Commercial District

(Ord. No. 10-147, § 4.7, 7-27-2010; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to provide for business, professional and commercial retail uses that serve the general public. This district is further intended to serve as a buffer between commercial and industrial areas and residential areas. This district is also intended to be located along major thoroughfares and be served with public sanitary sewer and water facilities.

(b)

Permitted uses and structures.

(1)

Automobile parts, accessories, or tire stores.

(2)

Automobile repair and service establishments.

(3)

Automobile, motorcycle and all-terrain vehicle sales and rentals.

(4)

Bars, taverns, and nightclubs.

(5)

Beer, wine, and liquor store (off-premises consumption of alcohol).

(6)

Clinic, medical and dental.

(7)

Convenience stores.

(8)

Day care, center.

(9)

Educational institutions; business, technical or vocational schools.

(10)

Educational institutions; college or university, including dormitories.

(11)

Essential services.

(12)

Exhibition, convention, or conference structure.

(13)

Financial institutions; banks and credit unions.

(14)

Fitness, recreational sports, gym, or athletic club.

(15)

Hotel or motel.

(16)

Multi-tenant buildings; up to 20,000 square feet in gross floor area and not containing a use listed in subsection (d), COR conditional uses.

(17)

Municipal offices, and related structures.

(18)

Offices, business and professional.

(19)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(20)

Recreational trails.

(21)

Restaurant.

(22)

Restaurant; fast food.

(23)

Retail establishments, food; including bakeries, grocery stores, convenience stores, fish or meat markets, and uses of a similar nature.

(24)

Retail establishments, general merchandise; including apparel, appliance, bicycle, electronic, furniture, department and superstore/discount stores, and uses of a similar nature.

(25)

Retail establishments, personal service; including barber or beauty shops, laundry or dry cleaner, and uses of a similar nature.

(26)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot with the principal use or structure.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Decks (attached or detached).

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Signs; pursuant to article VII.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Car washes.

(2)

Clubs and organizations; nonprofit and profit.

(3)

Commercial recreational establishments, indoor; including performance and movie theaters; bowling, billiards, pool halls, or similar; arcades; skating rinks; amusement and sport facilities; and similar facilities; excluding adult entertainment establishments.

(4)

Drive-thru facilities, in conjunction with any permitted principal use listed in subsection (b).

(5)

Gasoline/fueling stations.

(6)

Institutional and community facilities; including museums, libraries, exhibitions and art galleries, post office, and zoos.

(7)

Multi-tenant buildings; over 20,000 square feet in gross floor area or containing a use listed in this subsection (d), COR conditional uses.

(8)

Municipal police, fire and rescue stations and other public safety related facilities; including correctional and rehabilitation facilities and emergency operation centers.

(9)

Offices and storage yards, trade and contractor (provided there is a showroom for retail uses in BP district).

(10)

Planned developments; pursuant to section 117-93.

(11)

Residential dwelling units; in conjunction with a commercial development.

(12)

Solar energy systems.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for any use or structure in this district, a site plan shall be required in accordance with article XIII, Site Plan Review.

(g)

Lot area.

(1)

Lots shall be a minimum of 12,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 50 percent of the lot area, excluding temporary uses and structures.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 75 percent of the lot area.

(k)

Landscaping. Landscaping shall be in accordance with article IX, Landscaping and Screening, and the following:

(1)

Open space. The minimum open space or green space on the lot shall be 25 percent of the lot area.

(l)

Off-street parking. Off-street parking and traffic requirements shall be in accordance with article VI, Parking and Traffic, and the following:

(1)

Parking lots and driveways shall be located no closer than 20 feet from a lot line of a residential zoning district and shall utilize screening in accordance with article IX, Landscaping and Screening.

(m)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 35 feet in height or two stories.

(2)

Accessory structures. Accessory building or structures shall not exceed 16 feet in height.

(n)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard often feet on each side, measured from the side lot line, or 50 feet if abutting a residential zoning district.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line, or 50 feet if abutting a residential zoning district.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(o)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Building orientation. All principal buildings shall have a well-defined front facade and entrance.

(2)

Materials. At least 50 percent of all exterior walls facing a public or private street and at least the lower one-third of all other exterior walls shall be glass, brick, block, fieldstone, siding or other architectural masonry material. Roofs which exceed a pitch of more than three inches in 12 inches shall either be shingled or have an architectural metal roofing system.

(3)

Walls. No flat walls exceeding 100 feet in length shall be permitted for any structure; wall offsets, recesses or projections, change in height, change in materials or other architectural details shall be used to meet this requirement.

(4)

Exterior lighting. All exterior lighting shall be in accordance with the following:

a.

All wall-mounted exterior lighting shall be direct cut-off fixtures.

b.

All areas containing exterior lighting (except public street lighting) shall limit light trespass onto adjacent property. Compliance shall be achieved by utilizing fixture shielding, directional control, location, and/or height.

c.

Accent light may be used to highlight architectural and landscape design elements.

d.

Pedestrian walkways and parking areas shall be illuminated to a sufficient level so as to provide for safety and security.

e.

Freestanding light fixtures shall have a maximum height of 25 feet.

f.

Wood light poles shall be prohibited.

(5)

Dumpster/refuse enclosures.

a.

Materials. Dumpster/refuse enclosure sides facing a public street or adjacent property shall be 100 percent wood, vinyl, or architectural masonry that compliments the principal building. Landscape planting surrounding the enclosure is encouraged.

b.

Location. Dumpster/refuse enclosures are not permitted in the front yard.

(6)

Mechanical equipment. All mechanical equipment whether on the ground or roof mounted, including electrical, HVAC, mechanical, or similar, shall be enclosed or screened. Roof mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible.

Table 10. Table of District Standards for COR, Office and Retail Commercial District

(Ord. No. 10-147, § 4.8, 7-27-2010; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to accommodate the needs of a larger consumer population than is served by the CN neighborhood commercial district, thereby permitting a wider range of uses and development sizes for both convenience and community shopping. This district is further intended to apply to areas which are now intensely developed or are expected to be intensely developed for commercial uses serving a regional commercial market.

(b)

Permitted uses and structures. Stand alone buildings up to 40,000 square feet and multi-tenant buildings up to 20,000 square feet in floor area.

(1)

Animal hospitals, shelters, commercial boarding and riding stables (min. five acres), kennels and veterinary services.

(2)

Assisted living or retirement home facilities.

(3)

Automobile body repair and/or paint shop.

(4)

Automobile parts, accessories, or tire stores.

(5)

Automobile repair and service establishments.

(6)

Automobile, motorcycle and all-terrain vehicle sales and rentals.

(7)

Banquet hall/supper club.

(8)

Bars, taverns, and nightclubs.

(9)

Beer, wine, and liquor store (off-premises consumption of alcohol).

(10)

Building, home improvement, and garden supply stores; excluding the manufacture, treatment or processing of product and excluding outdoor storage yards.

(11)

Clinic, medical and dental.

(12)

Clubs and organizations; nonprofit and profit.

(13)

Commercial recreational establishments, indoor; including performance and movie theaters; bowling, billiards, pool halls, or similar; arcades; skating rinks; amusement and sport facilities; and similar facilities; excluding adult entertainment establishments.

(14)

Convalescent homes and nursing homes.

(15)

Convenience stores.

(16)

Day care, center.

(17)

Educational institutions; business, technical or vocational schools.

(18)

Educational institutions; college or university, including dormitories.

(19)

Essential services.

(20)

Exhibition, convention, or conference structure.

(21)

Financial institutions; banks and credit unions.

(22)

Fitness, recreational sports, gym, or athletic club.

(23)

Funeral homes.

(24)

Hotel or motel.

(25)

Institutional and community facilities; including museums, libraries, exhibitions and art galleries, post office, and zoos.

(26)

Multi-tenant buildings; up to 20,000 square feet in gross floor area and not containing a use listed in subsection (d), conditional uses.

(27)

Municipal offices, and related structures.

(28)

Offices, business and professional.

(29)

Parking lots and structures.

(30)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(31)

Recreational trails.

(32)

Religious institutions; including residential quarters for clergy if located on same lot as the religious institution.

(33)

Restaurant.

(34)

Restaurant; fast food.

(35)

Retail establishments, food; including bakeries, grocery stores, convenience stores, fish or meat markets, and uses of a similar nature.

(36)

Retail establishments, general merchandise; including apparel, appliance, bicycle, electronic, furniture, department and superstore/discount stores, and uses of a similar nature.

(37)

Retail establishments, personal service; including barber or beauty shops, laundry or dry cleaner, and uses of a similar nature.

(38)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot with the principal use or structure.

(2)

Decks (attached or detached).

(3)

Fountain, sculpture, or other aesthetic structure.

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Signs; pursuant to article VII.

(d)

Conditional uses and structures. Stand alone buildings over 40,000 square feet. See article XI, Conditional Use Permits, for the conditional use review requirements.

(1)

Adult entertainment establishments; pursuant to section 117-133.

(2)

Car washes.

(3)

Commercial recreational establishments, outdoor; including amusement or theme parks; miniature golf; and similar facilities.

(4)

Commercial truck body repair and/or paint shop.

(5)

Commercial truck repair and service establishments.

(6)

Drive-thru facilities, in conjunction with any permitted principal use listed in subsection (b).

(7)

Gasoline/fueling stations.

(8)

Greenhouses; commercial.

(9)

Hospital.

(10)

Kennel.

(11)

Landscaping business; including retail sale.

(12)

Multi-tenant buildings; over 20,000 square feet in gross floor area or containing a use listed in this subsection (d), conditional uses.

(13)

Municipal police, fire and rescue stations and other public safety related facilities; including correctional and rehabilitation facilities and emergency operation centers.

(14)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(15)

Nurseries and orchards; commercial.

(16)

Offices, trade and contractor.

(17)

Pawnshops.

(18)

Payday lender. Pursuant to § 62.23(7)(hi) Wis. Stats.

(19)

Planned developments; pursuant to section 117-93.

(20)

Residential dwelling units; in conjunction with a commercial development.

(21)

Solar energy systems.

(22)

Storage, climate controlled or temperature controlled, indoor access only.

(23)

Tattoo parlors.

(24)

Taxi and limousine services.

(25)

Towing establishments and services; excluding towed vehicle storage.

(26)

Wireless communication towers; pursuant to section 117-132.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for any use listed in this zoning district, a site plan shall be required in accordance with article XIII, Site Plan Review.

(g)

Lot area.

(1)

Lots shall be a minimum of 20,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 50 percent of the lot area, excluding temporary uses and structures.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 75 percent of the lot area.

(k)

Landscaping. Landscaping shall be in accordance with article IX, Landscaping and Screening, and the following:

(1)

Open space. The minimum open space or green space on the lot shall be 25 percent of the lot area.

(l)

Off-street parking. Off-street parking and traffic requirements shall be in accordance with article VI, Access, Parking and Loading, and the following:

(1)

Parking lots and driveways shall be located no closer than 30 feet from a lot line of a residential zoning district and shall utilize screening in accordance with article IX, Landscaping and Screening.

(m)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 40 feet in height.

(2)

Accessory structures. Accessory building or structures shall not exceed 24 feet in height.

(n)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard often feet on each side, measured from the side lot line, or 50 feet if abutting a residential zoning district.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line, or 50 feet if abutting a residential zoning district.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(o)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Building orientation. All principal buildings shall have a well-defined front facade and entrance.

(2)

Materials. One hundred fifty percent of all exterior walls facing a public or private street and at least the lower one-third of all other exterior walls shall be glass, brick, block, fieldstone, architectural cement board siding or other architectural masonry material. Roofs which exceed a pitch of more than three inches in 12 inches shall either be shingled or have an architectural metal roofing system.

(3)

Walls. No flat walls exceeding 150 feet in length shall be permitted for any structure; wall offsets, recesses or projections, change in height, change in materials or other architectural details shall be used to meet this requirement.

(4)

Exterior lighting. All exterior lighting shall be in accordance with the following:

a.

All wall-mounted exterior lighting shall be direct cut-off fixtures.

b.

All areas containing exterior lighting (except public street lighting) shall limit light trespass onto adjacent property. Compliance shall be achieved by utilizing fixture shielding, directional control, location, and/or height.

c.

Accent light may be used to highlight architectural and landscape design elements.

d.

Pedestrian walkways and parking areas shall be illuminated to a sufficient level so as to provide for safety and security.

e.

Freestanding light fixtures shall have a maximum height of 25 feet.

f.

Wood light poles shall be prohibited.

(5)

Dumpster/refuse enclosures.

a.

Materials. Dumpster/refuse enclosure sides facing a public street or adjacent property shall be 100 percent wood, vinyl, or architectural masonry that compliments the principal building. Landscape planting surrounding the enclosure is encouraged.

b.

Location. Dumpster/refuse enclosures are not permitted in the front yard.

(6)

Mechanical equipment. All mechanical equipment whether on the ground or roof mounted, including electrical, HVAC, mechanical, or similar, shall be enclosed or screened. Roof mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible.

Table 11. Table of District Standards for CC, Community Commercial District

(Ord. No. 10-147, § 4.9, 7-27-2010; Ord. No. V21-01, 1-12-2021; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to provide for a mix of low impact, light manufacturing, office, and limited retail and service uses, with limited outdoor storage, that are compatible with neighboring residential and commercial districts and provide adequate landscaping and screening for buildings, structures and off street parking areas. This district is further intended to provide for a business park type feel that encompasses no less than three acres of land and is served by public sanitary sewer and water facilities.

(b)

Permitted uses and structures.

(1)

Clinic, medical and dental.

(2)

Convenience stores.

(3)

Day care, center.

(4)

Educational institutions; business, technical or vocational schools.

(5)

Educational institutions; college or university, including dormitories.

(6)

Essential services.

(7)

Exhibition, convention, or conference structure.

(8)

Financial institutions; banks and credit unions.

(9)

Fitness, recreational sports, gym, or athletic club.

(10)

Funeral homes.

(11)

Hotel or motel.

(12)

Institutional and community facilities; including museums, libraries, exhibitions and art galleries, post office, and zoos.

(13)

Multi-tenant buildings; up to 20,000 square feet in gross floor area and not containing a use listed in subsection (d), BP conditional uses.

(14)

Municipal offices, and related structures.

(15)

Municipal police, fire and rescue stations and other public safety related facilities; including correctional and rehabilitation facilities and emergency operation centers.

(16)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(17)

Offices, business and professional.

(18)

Parking lots and structures.

(19)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(20)

Printing and publication establishments.

(21)

Recreational trails.

(22)

Restaurant.

(23)

Restaurant; fast food.

(24)

Retail establishments, personal service; including barber or beauty shops, laundry or dry cleaner, and uses of a similar nature.

(25)

Stormwater management ponds and facilities.

(c)

Accessory uses and structures.

(1)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot with the principal use or structure.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Decks (attached or detached).

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Signs; pursuant to article VII.

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Automobile repair and service establishments.

(2)

Car washes.

(3)

Drive-thru facilities, in conjunction with any permitted principal use listed in subsection (b).

(4)

Gasoline/fueling stations.

(5)

Golf courses.

(6)

Hospital.

(7)

Manufacturing, custom.

(8)

Manufacturing, light.

(9)

Multi-tenant buildings; over 20,000 square feet in gross floor area or containing a use listed in this subsection (d), BP conditional uses.

(10)

Offices and storage yards, trade and contractor (provided there is a showroom for retail uses in BP district).

(11)

Outdoor storage yards; including building materials, garden centers and lumberyards.

(12)

Planned developments; pursuant to section 117-93.

(13)

Processing plant, food.

(14)

Research laboratory or testing facilities; including scientific, medical, and technology.

(15)

Residential dwelling units; in conjunction with a commercial development.

(16)

Retail establishments, food: including bakeries, grocery stores, convenience stores, fish or meat markets, and uses of a similar nature.

(17)

Solar energy systems.

(18)

Utility substations and installations; including gas, electric, telephone, or uses of similar nature.

(19)

Wireless communication towers; pursuant to section 117-132.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for any use listed in this zoning district, a site plan shall be required in accordance with article XIII, Site Plan Review.

(g)

Lot area.

(1)

Lots shall be a minimum of 20,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 50 percent of the lot area, excluding temporary uses and structures.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 75 percent of the lot area.

(k)

Landscaping. Landscaping shall be in accordance with article IX, Landscaping and Screening, and the following:

(1)

Open space. The minimum open space or green space on the lot shall be 25 percent of the lot area.

(l)

Off-street parking. Off-street parking and traffic requirements shall be in accordance with article VI, Access, Parking and Loading, and the following:

(1)

Parking lots and driveways shall be located no closer than 30 feet from a lot line of a residential zoning district and shall utilize screening in accordance with article IX, Landscaping and Screening.

(m)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 45 feet in height.

(2)

Accessory structures. Accessory building or structures shall not exceed 24 feet in height.

(n)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 25 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of ten feet on each side, measured from the side lot line, or 50 feet if abutting a residential zoning district.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line, or 50 feet if abutting a residential zoning district.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(o)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Building orientation. All principal buildings shall have a well-defined front facade and entrance.

(2)

Materials. At least the lower one-third of all exterior walls facing a public or private street or abutting a residential zoning district shall be glass, brick, block, fieldstone, or other architectural masonry material. Roofs which exceed a pitch of more than three inches in 12 inches shall either be shingled or have an architectural metal roofing system.

(3)

Walls. No flat walls shall be permitted for any structure; wall offsets, recesses or projections, change in height, change in materials or other architectural details shall be used to meet this requirement.

(4)

Exterior lighting. All exterior lighting shall be in accordance with the following:

a.

All wall-mounted exterior lighting shall be direct cut-off fixtures.

b.

All areas containing exterior lighting (except public street lighting) shall limit light trespass onto adjacent property. Compliance shall be achieved by utilizing fixture shielding, directional control, location, and/or height.

c.

Accent light may be used to highlight architectural and landscape design elements.

d.

Pedestrian walkways and parking areas shall be illuminated to a sufficient level so as to provide for safety and security.

e.

Freestanding light fixtures shall have a maximum height of 25 feet.

f.

Wood light poles shall be prohibited.

(5)

Dumpster/refuse enclosures.

a.

Materials. Dumpster/refuse enclosure sides facing a public street or adjacent property shall be 100 percent wood, vinyl, or architectural masonry that compliments the principal building. Landscape planting surrounding the enclosure is encouraged.

b.

Location. Dumpster/refuse enclosures are not permitted in the front yard.

(6)

Mechanical equipment. All mechanical equipment whether on the ground or roof mounted, including electrical, HVAC, mechanical, or similar, shall be enclosed or screened. Roof mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible.

Table 12. Table of District Standards for BP, Business Park District

(Ord. No. 10-147, § 4.10, 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. 11-160, 9-13-2011; Ord. No. 11-162, 11-29-2011; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to accommodate areas of heavy and concentrated fabrication, manufacturing, and industrial uses that are suitable based upon adjacent land uses, access to transportation, and the availability of public sanitary sewer and water facilities. It is the intent of this district to provide an environment for industries that is unencumbered by residential and retail commercial development within the district. This district further intends to be located in areas where conflicts with other land uses can be minimized to promote orderly transitions and buffers between uses so as to not endanger neighborhoods. This district is also intended to have convenient access to existing and future thoroughfares and/or railway lines.

(b)

Permitted uses and structures.

(1)

Automobile body repair and/or paint shop.

(2)

Automobile parts, accessories. or tire stores.

(3)

Automobile repair and service establishments.

(4)

Commercial truck body repair and/or paint shop.

(5)

Commercial truck repair and service establishments.

(6)

Commercial truck, bus, mobile home, large vehicle, or heavy equipment sales and rentals.

(7)

Essential services.

(8)

Manufactured home construction.

(9)

Manufacturing and assembly factories and plants.

(10)

Manufacturing, custom.

(11)

Manufacturing, light.

(12)

Municipal water towers, water metering facilities and water treatment facilities; including all appurtenant equipment and structures.

(13)

Offices and storage yards, trade and contractor.

(14)

Parking lots and structures.

(15)

Parks, playgrounds and nature preserves, public and private; including buildings, grounds and equipment.

(16)

Printing and publication establishments.

(17)

Processing plants (metals, chemicals, etc.).

(18)

Processing plants, food.

(19)

Recreational trails.

(20)

Recycling centers.

(21)

Research laboratory or testing facilities; including scientific, medical, and technology.

(22)

Stormwater management ponds and facilities.

(23)

Towing establishments and services; excluding towed vehicle storage.

(24)

Truck and transit terminals; including freight terminals.

(25)

Utility substations and installations; including gas, electric, telephone, or uses of similar nature.

(26)

Warehouse or storage facility.

(27)

Wholesale and distribution facilities.

(c)

Accessory uses and structures.

(1)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot with the principal use or structure.

(2)

Fountain, sculpture, or other aesthetic structure.

(3)

Decks (attached or detached).

(4)

Game courts; private noncommercial, including tennis and basketball.

(5)

Signs; pursuant to article VIL

(d)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Asphalt and concrete plants.

(2)

Automobile and commercial truck salvage yards.

(3)

Car washes.

(4)

Day care, center.

(5)

Drive-thru facilities, in conjunction with any permitted principal use listed in subsection (b).

(6)

Financial institutions; banks and credit unions.

(7)

Gasoline/fueling stations.

(8)

Hazardous material bulk storage or distribution facility.

(9)

Manufacturing, heavy.

(10)

Mini-warehousing.

(11)

Municipal wastewater and/or sewage treatment facilities.

(12)

Offices, business and professional.

(13)

Outdoor storage yards; including building materials, garden centers and lumberyards.

(14)

Planned developments; pursuant to section 117-93.

(15)

Radio, satellite, and television antennas.

(16)

Resource extraction; pursuant to section 117-131.

(17)

Salvage yard and junk yard.

(18)

Solar energy systems.

(19)

Solid waste disposal facilities, landfills and municipal compost sites.

(20)

Towed vehicle storage.

(21)

Wireless communication towers; pursuant to section 117-132.

(e)

Temporary accessory uses and structures. See section 117-134.

(f)

Site plan. Prior to obtaining a building and zoning permit for any use listed in this zoning district, a site plan shall be required in accordance with article XIII, Site Plan Review.

(g)

Lot area.

(1)

Lots shall be a minimum of 20,000 square feet in area.

(h)

Lot width.

(1)

Minimum. Lots shall be a minimum of 100 feet in width.

(i)

Lot coverage.

(1)

The maximum lot coverage of all buildings and structures on the lot shall be 50 percent of the lot area, excluding temporary uses and structures.

(j)

Impervious surface coverage.

(1)

The maximum impervious surface coverage of all buildings and structures on the lot shall be 75 percent of the lot area.

(k)

Landscaping. Landscaping shall be in accordance with article IX, Landscaping and Screening, and the following:

(1)

Open space. The minimum open space or green space on the lot shall be 25 percent of the lot area.

(l)

Off-street parking. Off-street parking and traffic requirements shall be in accordance with article VI, Access, Parking and Loading, and the following:

(1)

Parking lots and driveways shall be located no closer than 30 feet from a lot line of a residential zoning district and shall utilize screening in accordance with article IX, Landscaping and Screening.

(m)

Building height and stories.

(1)

Principal structure. The principal building or structure shall not exceed 45 feet in height.

(2)

Accessory structures. Accessory building or structures shall not exceed 24 feet in height.

(n)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 30 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 20 feet on each side, measured from the side lot line, or 50 feet if abutting a residential zoning district.

c.

Rear yard. There shall be a minimum rear yard of 20 feet, measured from the rear lot line, or 50 feet if abutting a residential zoning district.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

(o)

Design standards. Requirements for new buildings and structures, or additions, built after the effective date of this chapter. Special exceptions to this section may be granted by the plan commission.

(1)

Building orientation. All principal buildings shall have a well-defined front facade and entrance.

(2)

Materials. The lower one-third of all exterior walls facing a public or private street shall be glass, brick, block, fieldstone or other architectural masonry material.

(3)

Exterior lighting. All exterior lighting shall be in accordance with the following:

a.

All wall-mounted exterior lighting shall be direct cut-off fixtures.

b.

All areas containing exterior lighting (except public street lighting) shall limit light trespass onto adjacent property. Compliance shall be achieved by utilizing fixture shielding, directional control, location, and/or height.

c.

Accent light may be used to highlight architectural and landscape design elements.

d.

Pedestrian walkways and parking areas shall be illuminated to a sufficient level so as to provide for safety and security.

e.

Freestanding light fixtures shall have a maximum height of 25 feet.

f.

Wood light poles shall be prohibited.

(4)

Dumpster/refuse enclosures.

a.

Materials. Dumpster/refuse enclosure sides facing a public street or adjacent property shall be 100 percent wood, vinyl, or architectural masonry that compliments the principal building. Landscape planting surrounding the enclosure is encouraged.

b.

Location. Dumpster/refuse enclosures are not permitted in the front yard.

(5)

Mechanical equipment. All mechanical equipment whether on the ground or roof mounted, including electrical, HVAC, mechanical, or similar, shall be enclosed or screened from view from a public street. Roof mounted equipment shall be integrated into the design of the structure, enclosed or screened to the extent possible from a public street.

Table 13. Table of District Standards for IM, Industrial and Manufacturing District

(Ord. No. 10-147, § 4.11, 7-27-2010; Ord. No. 11-162, 11-29-2011; Ord. No. V21-11, 4-27-2021)

(a)

Intent. The intent of this district is to preserve and protect unique natural and manmade features by discouraging development and disturbance to the natural environment, where development would result in hazards to health or safety or would deplete or destroy natural resources or otherwise be incompatible with the public welfare. This district if further intended primarily for outdoor recreation and forestry uses.

(b)

Permitted uses and structures.

(1)

Crop production.

(2)

Harvesting of wild crops such as marsh hay, mushrooms, moss, berries, fruit trees and tree seeds, in a manner that is not injurious to natural reproduction of such crops.

(3)

Management of forestry and fish.

(4)

Outdoor recreation activities, such as hiking, fishing, trapping, hunting, swimming, and boating, unless otherwise prohibited by law.

(5)

Pasturing of livestock.

(6)

Public or private parks, in which passive recreation pursuits are provided.

(7)

Recreational trails.

(c)

Conditional uses and structures. (See article XI, Conditional Use Permits, for the conditional use review requirements.)

(1)

Structures clearly incidental to a permitted principal use listed above, restrictions to the overall size may be applied.

(d)

Temporary accessory uses and structures. None.

(e)

Lot area. There is no minimum lot area.

(f)

Lot width. There is no minimum lot width.

(g)

Building height and stories. The maximum height of any building or structure shall be 16 feet.

(h)

Structures. No structure shall be permitted, except those permitted by conditional use permit.

(i)

Yard requirements.

(1)

Principal and accessory structure.

a.

Front yard. There shall be a minimum front yard of 50 feet, measured from the front lot line, or from the right-of-way line of an officially mapped street, whichever is greater. Front yard reductions may be provided pursuant to section 117-49(c)(6), front yard reduction.

b.

Side yard. There shall be a minimum side yard of 25 feet on each side, measured from the side lot line.

c.

Rear yard. There shall be a minimum rear yard of 25 feet, measured from the rear lot line.

d.

Distance from other structures. Buildings or structures shall not be constructed or located closer than ten feet to any other structure on the lot.

Table 14. Table of District Standards for NC, Natural and Conservancy District

(Ord. No. 10-147, § 4.12, 7-27-2010)

(a)

Intent. The intent of this district is to provide areas for planned mobile home sites and developments in the (RM) multiple family residential and (RR) rural residential zoning districts only. All mobile homes are subject to the provisions of chapter 107 of the Municipal Code of Ordinances.

(b)

Application. The mobile home overlay (MHO) zoning district shall be designated pursuant to the provisions of section 117-31(7), map amendments. The rezoning indicates the authorized location of the development site. All underlying or base zoning district regulations for lands "under" mobile home overlay (MHO) district shall continue in full force and effect, and shall be solely applicable, until such time as the village board grants final mobile home overlay (MHO) zoning district approval as hereinafter provided.

(c)

District requirements. No district shall be established unless it contains the minimum requirements specified in this section and meets the requirements of chapter 107 of the Municipal Code of Ordinances.

(1)

Underlying zoning district. The MHO district shall only be approved "over" a (RM) multiple family residential or (RR) rural residential zoning district.

(2)

Minimum district area. The MHO district shall be a minimum of two acres in area.

(3)

Buffer yards. There shall be buffer yard of at least 25 feet on all sides of the district for landscaping and screening purposes.

(d)

Permitted uses. The following uses shall be permitted in the MHO district:

(1)

Uses listed as permitted in the underlying zoning district(s).

(2)

Uses as approved by the village board under chapter 107 of the Municipal Code of Ordinances.

(e)

Underlying zoning district standards (area, height and yard requirements). Lot area, lot width, lot coverage, building height, yard, density and other similar requirements in the underlying zoning district(s) shall be provided, except those as approved in subsection (f), exceptions to underlying zoning district standards.

(f)

Exceptions to underlying zoning district standards (density, height, yard and other regulation exceptions). In the case of any MHO district, the plan commission may recommend and the village board may authorize, exceptions to the applicable lot coverage, building height, yard, design standards and other similar requirements in the underlying zoning district(s) within the boundaries of the MHO, provided that the plan commission shall find that such exception shall be in compliance with the requirements of chapter 107.

(Ord. No. 10-147, § 4.13, 7-27-2010)

(a)

Intent. The intent of this district is to promote innovative, well-designed developments which are planned as a unit, preserve open space, respects the natural characteristics of the land and which may provide a choice in the type of environment available to the public by allowing development that would not be possible under the strict application of other sections of this chapter. The district further intends to allow for the efficient use of land, so as to promote economies of utilities, streets, schools, and public grounds which result in better urban design, higher quality construction and the provision of aesthetic amenities. This district is also intended for areas of the village that are served, or will be served by the development, with public sanitary sewer and water facilities.

The PDO district is a supplemental zoning classification applied "over" an underlying or base zoning district(s) to provide an opportunity to develop land in a manner that does not fit the configuration or standards of the underlying or base zoning district(s). The PDO district 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 the district density standard set forth in the underlying zoning district(s), or higher densities when appropriate.

(b)

Application. The planned development overlay (PDO) zoning district shall be designated pursuant to the provisions of section 117-31 and shall be administered as a conditional use in all zoning districts as an alternative to the permitted uses and regulations applicable to those lands. The rezoning indicates the authorized location of the development site, while the conditional use permit authorizes the use of the development site according to stated conditions. All underlying or base zoning district regulations for lands "under" planned development overlay (PDO) shall continue in full force and effect, and shall be solely applicable, until such time as the village board grants final planned development overlay (PDO) zoning district approval as hereinafter provided.

(c)

Minimum size of district. No district shall be established unless it contains the minimum area specified in this section and has a minimum of 60 feet of frontage on a public road or approved private road access.

(1)

The minimum gross area required for a PDO district shall be two acres where the PDO is placed upon any residential district and one acre where the PDO is placed upon commercial or industrial districts.

(2)

Applications for a PDO district on sites containing less than the required acreage listed above, but not less than the underlying zoning district requirements, may be approved upon proof by the owner that the development is in the public interest and that one or more of the following conditions exist:

a.

The property contains steep topography or other unusual physical features which necessitates substantial deviation from the regulations otherwise applicable, in order to ensure a safe, efficient and attractive development.

b.

The property is adjacent to an existing PDO district and will contribute to the maintenance of amenities and values of the neighboring district.

c.

The proposal involves the redevelopment of an existing area or makes use of an infill site that could not be reasonably developed under conventional zoning requirements.

d.

The property lends itself to creative design that will enhance quality of life in the proposed development.

(d)

Designation of common green space and open space.

(1)

No "development plan" for a PDO district shall be approved, unless the plan provides for permanent, landscaped, open space equivalent to the following table, by type of use and underlying zoning district:

Table 15. Percent (%) of Gross Acreage for Open Space

(2)

Open space may either be passive or active in nature and shall fully complement the proposed development. Such open space may take the form of required yards, parks, playgrounds, landscaped green space, nature walks and natural areas.

(3)

Land donated for any public purpose, which is accepted by the village, may be credited towards the open space requirement at the discretion of the village board.

(4)

Where a planned development is to be developed in phases, a portion of the required open space shall be provided in each phase. Maintenance of the open space shall be provided for in the planned development's restrictive covenants and/or the "development declaration" recorded as part of the project.

(5)

Open space shall be either adjacent to, or readily accessible by, all properties within the PDO district. Furthermore, open space shall be situated in such a way that it may be linked up with other open spaces adjacent to the proposed PDO district.

(e)

Permitted uses. The following uses shall be permitted in the PDO district:

(1)

Uses listed as permitted in the underlying zoning district(s).

(2)

Uses as approved or as recommended by the plan commission and village board as identified in subsection (f), exceptions to use regulations.

(3)

Uses listed as conditional uses in the underlying zoning district(s) may be listed as permitted uses in the PDO district and shall be reviewed and approved, approved with conditions or denied as a part of the PDO district process.

(f)

Exceptions to use regulations. The plan commission may recommend and the village board may authorize that there will be allowed in part of the area of a proposed PDQ district, specified uses not permitted by the use regulations of the underlying zoning districts in which the development is located, provided that the plan commission shall find:

(1)

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the intent of the PDO district.

(2)

That the uses permitted by such exception are not of such nature or so located as to exercise a detrimental influence on the neighborhoods surrounding the PDQ district, or upon the internal character of any part of, or all of the PDO district itself.

(3)

That the use exceptions so allowed are listed in the development declaration, of which a recorded copy of the development declaration, shall be filed in the office of the village planner.

(4)

That any excepted use which is listed as a conditional use in any district, unless such use is permitted as of right in the underlying zoning district, shall require a two-thirds vote of the village board.

(g)

Other uses.

(1)

Accessory uses. Uses listed as accessory uses in the underlying zoning district(s) are permitted as of right in the PDO district.

(2)

Temporary uses and structures. Uses listed as temporary uses and structures in the underlying district(s) may be permitted in the PDO district.

(h)

Underlying zoning district standards (area, height and yard requirements). Lot area, lot width, lot coverage, building height, yard, density and other similar requirements in the underlying zoning district(s) shall be provided, except those as approved in section 117-93(9), Exceptions to Underlying Zoning District Standards.

(i)

Exceptions to underlying zoning district standards (density, height, yard and other regulation exceptions). In the case of any PDO district, the plan commission may recommend and the village board may authorize, exceptions to the applicable lot coverage, building height, yard, design standards and other similar requirements in the underlying zoning district(s) within the boundaries of the PDO, provided that the plan commission shall find that such exception shall be for the purpose of promoting an integrated development plan as beneficial to the tenants or occupants of such development, as well as the neighboring properties, than would be obtained under the regulations of this chapter for buildings developed on separate zoning lots.

(j)

Signs. Sign regulations applicable in the PDO district are set forth in article VII, Signs and Billboards.

(k)

Outdoor lighting, parking and landscape standards. All standards of the following apply: outdoor lighting requirements as set forth in the underlying zoning district. Off-street parking and loading requirements are set forth in article VI, Access, Parking and Loading Standards, Landscaping requirements are set forth in article IX, Landscaping and Screening Standards.

(l)

Procedure for approval of a development plan within the district. No development shall be permitted within this district unless it is submitted, reviewed and approved subject to the following procedures:

(1)

All required improvements, construction standards, design standards and all other engineering standards contained within the Municipal Code shall be complied with, except where specifically varied through the provisions of this section.

(2)

Applications shall be made on forms provided by the village and shall be accompanied by the required plans and documents. The application and all requirements shall be reviewed for completeness by the zoning administrator. The steps in the procedure are as follows:

a.

Pre-application conference. The purpose of the pre-application conference is to provide two-way communication between the applicant and village staff regarding the legal, planning, engineering and stormwater management, and other aspects of the potential development. Accordingly, the applicant should present conceptual plans and other pertinent information to village staff for review and discussion prior to submittal of a PDO district application, development plan(s) and other supporting information, and the development declaration. The conceptual plan shall include the entire area of the intended planned development, even if the PDO district is to be developed in phases.

b.

Application, development plan and development declaration. The development plan, complete application and fee as set forth in the zoning fee schedule, reference this code section, and development declaration for the PDO district shall be submitted by the applicant to the zoning administrator who, after determining the application to be complete, will forward the application to the plan commission for their consideration, informal hearing, and recommendation. The required procedure for consideration and approval of the PDO district shall be:

1.

Submission of materials. The applicant shall prepare and submit the following plans and documents:

i.

Written application and application fee for approval of a PDO district to be made on forms and in the manner prescribed by the village.

ii.

All information listed in subsection (n), specific contents of development plans.

iii.

All information listed in subsection (o), specific contents of development declarations. The development declaration functions to inform all whom deal with the PDO district of the restrictions placed upon the land and acts as a customized zoning district control device.

iv.

A statement of conformity with village's other relevant ordinances along with a list of any requested variations from the regulations of this chapter.

2.

Development plan and development declaration review. The zoning administrator shall coordinate a review of the development plan and development declaration to include review by all relevant departments and submit written findings and recommendations to the plan commission for an informal hearing.

3.

Informal hearing. The plan commission shall hold an informal hearing on each application for approval of a PDO district including the development plan and development declaration.

4.

Plan commission findings. Following the informal hearing, the plan commission hold a public hearing at their next regularly scheduled meeting and shall make its findings and recommendations and send a written report to the village board that shall include findings of fact upon which its recommendations are based. Such findings and recommendations shall include a recommendation for approval, disapproval or approval with modifications. This report to the village board must be submitted within 30 days after the public hearing.

5.

Village board action. The village board shall act upon the recommendation within 30 days after receipt of the plan commission's report. The village board may approve, approve with modifications, refer back to the plan commission, disapprove the plan or provide written explanation to the petitioner on why an extension is required for village board action. The time period for action shall be exclusive of any time extensions or continuances requested by the petitioner.

6.

Period of validity.

i.

The development plan and development declaration, as approved by the village board, shall remain valid for a period of one year during which time building permits for a substantial portion of development occurring within the approved first phase of the development plan or, if the development plan does not consist of development phases, the complete development plan must be applied for and received by the applicant. The one year period shall begin on the date the village board approves the PDO district, development plan and development declaration.

For the purposes of this section, "substantial portion of development" shall mean that at least 50 percent of the building permits required for the overall project or phase, if in phases, have been applied for and approved.

ii.

The village board may extend this period upon recommendation of the plan commission. If the applicant does not apply for and receive a building permit within one year from the date of village board approval of the PDO district, development plan and development declaration, the development plan and development declaration will constitute abandonment of the PDO district and related approvals, and any assumed development rights over that allowed through the underlying zoning district and shall be subject to the regulations in subsection (r), failure to comply.

(m)

Recording of development plan and development declaration.

(1)

The applicant shall file the development plan and development declaration, signed by all parties in the Calumet County Register of Deeds Office within 30 days from the date of village board approval of the PDO district and shall provide the zoning administrator a recorded copy of the development plan and development declaration. This constitutes approval of the development plan and development declaration, conditions applied, modifications, and any density premiums that may be granted and exceptions, if any, to the plan shown in the application that was ordered by the village board.

(2)

No permit allowing construction of a building or other development, shall take place until the required recording of the development plan and development declaration and a bond or letter of credit is submitted in the amount of the required improvements and all village fees have been paid, unless permitted by the zoning administrator. The applicant shall pay all recording costs.

(n)

Specific content of development plans. PDO district development plans and supporting data shall include all documentation listed in this section. In developing plans and specifications for all required improvements, the applicant must also conform to the standards set forth in applicable sections of the Municipal Code. The applicant shall provide a complete set of development plans and a digital file of the development plan.

(1)

A topographic survey and location map.

(2)

Detailed plan. A drawing of the development plan shall be prepared at a scale appropriate to show details of such designations as proposed streets, lots, all buildings, showing their setback dimensions to lot lines and their use, common open space, recreation facilities, parking areas, showing their setback dimensions to lot lines, service areas and other facilities to indicate the character of the proposed development. Provide note(s) identifying the lot coverage percentage of impervious surface coverage and the percentage of permanent common open space within the PDO. The submission may be composed of one or more sheets and drawings and shall include:

a.

Boundary lines. Bearings, distances and acreage.

b.

Easements. Location, width and purpose.

c.

Existing land use. On PDO property and up to 150 feet on adjacent lots.

d.

Other conditions on adjoining land, such as actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; for owners of adjoining platted land refer to subdivision plat by name, recording date and number and show approximate percent built up, typical lot size and dwelling type.

e.

Zoning on and adjacent to the tract.

f.

Streets on and adjacent to the tract, such as street name, right-of- way width, existing or proposed centerline elevations pavement type, walks, curbs, gutters, culverts, etc.

g.

General location, purpose and height of each residential and nonresidential building.

h.

Map data. Name of development, north arrow, scale and date of preparation.

i.

An accurate legal description of the entire area within the PDO.

j.

Open space. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated.

The following subsections are required unless waived by the zoning administrator, however, the plan commission upon their review may require one or more of the plans waived by the zoning administrator:

k.

Proposed public improvements. Such as highways and other major improvements planned by public authorities for future construction on or near the tract.

l.

Utilities on and adjacent to the tract. Such as location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

m.

Ground elevation on the tract and on the first 50 feet on all adjacent tracts. Showing one foot contours for land which slopes less than one-half percent along with all breaks in grades, at all drainage channels or swales and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half percent showing two-foot contours. Any land within the 100-year floodplain within the project area shall be identified on these plans.

n.

Subsurface conditions on the tract. Tests made to ascertain subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are dry at a depth of five feet.

o.

Other conditions on the tract. Water courses, wetlands, marshes, rock outcrops, wooded areas, isolated trees one foot or more in diameter, existing structures and other significant features.

p.

Title and certificates. Present tract designation according to official records in office of the register of deeds; title under which the proposed development is to be recorded, with names and addresses of owners and notation stating acreage. Owners shall include beneficial owners of any land trust.

q.

Tabulation of each separate subdivided use area, including land area, number of buildings, number of dwelling units per acre.

r.

An accurate legal description of each separate unsubdivided use area, including open area.

s.

An erosion control and stormwater management plan that conforms to village's construction site erosion control and postconstruction site stormwater management ordinances. This provision will be required prior to obtaining building permits.

t.

Miscellaneous. Such additional documents as may be required by the zoning administrator. The zoning administrator shall inform the applicant of such requirements after the pre-application conference.

(3)

Landscape and lighting plan. A general landscape concept plan for the site as well as a lighting concept plan for the site and the effects of such lighting on adjacent properties.

The following subsections may be required by the zoning administrator and/or the plan commission:

(4)

Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design elements of the building and the number, size and type of dwelling units.

(5)

Facilities plan. Development plans and feasibility reports for:

a.

Streets, including classification, width of right-of-way, width of pavement and construction details.

b.

Sidewalks.

c.

Sanitary sewers.

d.

Storm drainage.

e.

Water supply system.

f.

Street lighting.

g.

Public utilities.

(o)

Specific content of development declarations. PDO district development declarations shall include all documentation listed in this section and shall be assimilated into a document suitable for recording purposes:

(1)

The submitted development plan, with any amendments.

(2)

A development statement, which shall include the following:

a.

Names. The names and addresses to who notices of hearings shall be sent, including the subdivider or developer, the designer of the subdivision or development and the owners of the land immediately adjoining the land to be platted.

b.

Exceptions. Identification and explanation of those aspects of the proposed PDO district that vary from the zoning ordinance requirements applicable to the underlying zoning district and from other applicable regulations of the village.

c.

Character. Explanation of the character of the PDO district and the reasons why it has been planned to take advantage of the flexibility of these regulations. This item shall include a specific explanation of how the proposed PDO district meets the objectives of this section.

d.

Ownership. Statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.

e.

Schedule. Development schedule indicating dates for beginning and completion of phases in which the project will be built, with emphasis on area, density, use and public facilities, such as open space to be developed with each phase. Each phase shall be described and mapped as a unit of the project. Overall design of each unit shall be shown on the plan and through supporting graphic material.

f.

Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continue protection of the PDO and any of its common open space. Proposed condominium declaration and bylaws of condominium form of ownership or homeowner's association if it is to be used in the PDO.

g.

Nonresidential intensity. Information on the type and amount of nonresidential uses including building locations, sizes, building height, the amount and location of common open space, the hours of operation, number of employees and specific uses.

h.

Open space standards. All open space, at the decision of the village board, shall be:

1.

Conveyed to the village; or

2.

Conveyed to a nonprofit corporation or entity established for the purpose of benefiting the owners and tenants of the PDO district or adjacent property owners or any one or more of them. All lands so conveyed shall be subject to the right of the grantee(s) to enforce maintenance and improvement of the common open space; or

3.

Guaranteed by a restrictive covenant described the open space and its maintenance and improvement, running with the land for the benefit of residents of the PDO district or adjacent property owners.

The following subsections may be required by the zoning administrator and/or the plan commission:

i.

Community-benefit analysis. A study indicating the fiscal impact of the PDO district on major taxing bodies which shall include the village, school district(s) and other taxing bodies. Information will include detailed estimates on: expected population of the development, the operating cost to be incurred by each taxing body, any additional major capital investments required, in part or in whole, because of the PDO district, revenue generated for each taxing body by the PDO district to offset service and fiscal demands created by the PDO district.

j.

Traffic analysis. A study of the impact caused by the PDO district on the street and highway systems operating in the village.

k.

Market information. Documentation indicating the extent of market demand for the uses proposed in the PDO district including analysis of demographics, sales potentials, competitive alignment, assessment of market share and market positioning of each component of the PDO district.

l.

Environmental analysis. The major impacts of the PDO district on the environment shall be analyzed and shall disclose all major negative impacts. Generally, these impacts would include effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roads leading to the PDO district to a distance established by the village, any deterioration in the groundwater or surface water quality, effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas, historic buildings or structures.

(3)

Performance bond. A performance or surety bond or letter of credit equaling the total estimated cost of all improvements of the development.

(4)

A record of the decision of the village board, exceptions granted, conditions applied or modifications ordered.

(5)

A copy of the rezoning letter, noting the approved location of the PDO district.

(6)

Notarized signatures of the authorized agent of the development and the village.

(p)

Findings of fact. In reporting its findings and recommendations on a PDO district, development plan and development declaration to the village board, the plan commission will submit findings of fact upon which it has based its recommended action. These findings of fact will relate to the specific proposal and shall set forth with particularity in what respects the proposal would or would not be in the public interest, including findings of fact on the following:

(1)

In what respects the proposed plan is or is not consistent with the stated purpose, requirements, and standards of the PDO regulations.

(2)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property and the reasons why such departures are or are not deemed to be in the public interest.

(3)

The extent of public benefit of the PDO in terms of meeting planning objectives and enhancing the tax base and economic development. Any specific beneficial actions, plans, or programs agreed to in the PDO proposal which are clearly beyond the minimum requirements of this chapter shall be specifically listed as evidence of justified exceptions.

(4)

The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for common open space and furthers the amenities of light, air, recreation and visual enjoyment.

(5)

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

(q)

Changes and amendments. A PDO shall be developed only according to the approved and recorded development plan and development declaration and all supporting data. The recorded development plan, development declaration and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the PDO, as set forth therein.

(1)

Major changes. Major changes may be approved only by submission of a new development plan and development declaration and supporting data, and following the development plan approval steps, holding of a new public hearing and subsequent amendment and recordation of the development declaration. Changes which alter the concept or intent of the PDO, include:

a.

Increases in the density by more than ten percent.

b.

Increases in the height of building(s).

c.

Reductions in the yard/setbacks.

d.

Reductions of proposed open space by more than three percent.

e.

Modification in proportion of housing types by more than ten percent.

f.

Changes in standards of infrastructure or alignment of streets, including major alterations in the placement of utilities, water, electricity, drainage or changes in the final governing agreements, provisions or covenants.

(2)

Minor changes. The zoning administrator may approve minor changes in the PDO which do not change the concept or intent of the development, without going through the development plan and development declaration approval procedure. Minor changes are defined as any change not defined as a major change. Any minor changes approved shall be properly filed with the zoning administrator or it shall be automatically deemed to be a major change.

(r)

Failure to comply. Failure by the developer to comply with the conditions, commitments, guarantees or recommendations established in the approval of a PDO district shall be cause for rescission of such approval. Upon notice given by the village, the developer shall explain such apparent failure. The village board shall determine whether the developer has fully complied with the terms and conditions of the approved development plan and, if there has been a failure to comply, shall take on the following actions.

(1)

Monetary forfeiture. Any violation of any provision of this chapter by any person, firm, association, corporation or agent, employee, or officer acting on behalf of such person shall be deemed unlawful. A violator shall, upon a finding that a violation of this chapter exists, forfeit to the village the sum as set forth in the zoning penalty schedule, reference this code section, per day for any violation of the terms and provisions of this chapter, together with the taxable cost(s) of any action to enforce the provisions of this chapter. It is presumed that each day during which such violation(s) exists shall constitute a separate offense under the terms of this chapter. Furthermore, it is presumed that each violation of this chapter constitutes a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by an action commenced by the village, county or state or independently by any citizen whose interests are adversely affected by violations of this chapter. Any violator of this chapter shall be required to forfeit the sum as set forth in the zoning penalty schedule, reference this code section, for each such violation of this chapter.

(2)

Rescission of approval. The village board may rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner shall become effective 31 days after mailing of written notice of such rescission by certified mail to the developer at their last known address

(3)

Delay of decision. The village board may delay a decision for a period not to exceed 90 days to enable the developer to comply. If the developer achieves substantial compliance within the allotted time period and subsequently establishes to the reasonable satisfaction of the board that compliance will continue in the future, the rights and privileges of the developer and owner shall continue as long as compliance is maintained. If, however, the developer does not achieve substantial compliance within the allotted time period or does not establish to the reasonable satisfaction of the board that compliance will be achieved in the future, the board shall proceed to rescind its approval in accordance with section 117-93(18)(b).

(Ord. No. 10-147, § 4.14, 7-27-2010)

(a)

Statutory authorization. This section is adopted pursuant to the authorization in § 61.35, § 61.351, § 61.353, § 87.30 and § 281.31, Wis. Stats.

(b)

Jurisdiction. This shoreland zoning overlay (SHO) district shall apply to all shorelands within the village corporate limits. This Shoreland Zoning Overlay (SHO) District does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or stormwater retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.

(c)

Application. All underlying or base zoning district regulations for lands "under" the Shoreland Zoning Overlay (SHO) District shall continue in full force and effect to the extent that the greater restriction applies.

(d)

Shoreland Zoning Overlay (SHO) Provisions. The following provisions apply to all shorelands within the jurisdiction of the shoreland zoning overlay district (SHO):

(1)

Shoreland setback area. There shall be a minimum shoreland setback area of at least 50 feet from the ordinary high water mark, except as follows:

(2)

Principal buildings. Construction or placement of a principal building within the shoreland setback area may be allowed if all the following apply:

a.

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.

b.

The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

(3)

Accessory buildings and accessory structures. Construction or placement of an accessory building within the shoreland setback area may be allowed if all the following apply:

a.

The accessory building and/or accessory structure is constructed or placed no closer than 35 feet from the ordinary high-water mark.

(4)

Exemptions. The following structures are permitted within the required setback from navigable water provided they do not violate any other provision of this chapter:

a.

Boathouses. Boathouses shall be permitted in all districts except the Natural and Conservancy (NC) and Shoreland-Wetland Zoning Overlay (SHO) districts. Boathouses are permitted in all other districts provided:

1.

Frontage required. Boathouses must be located on a lot that has shore frontage.

2.

Habitation. No portion of the boathouse shall be used for human habitation.

3.

Plumbing. Other than plumbing for an exterior sink, there shall be no plumbing supplied to the building.

4.

Size. Boathouses shall be considered an accessory structure and shall be calculated in the number of buildings and size limitations of the underlying or base zoning district.

5.

Floor area. The boathouse shall not exceed 700 square feet in area.

6.

Levels. Boathouses shall not exceed one story. Multiple level boathouses shall be prohibited.

7.

Height. The vertical distance measured from finished floor surface to the peak of the exterior of the roof shall not exceed 15 feet.

8.

Roofs. Boathouse roofs designed or used as decks, observation platforms, or other similar uses shall be allowed provided the roof has no side walls or screens. The roof may contain a railed provided the railing is consistent with the standards under the applicable local and state building codes.

9.

Land disturbance. The land altered or disturbed to erect the boathouse shall be disturbed in the least invasive manner, and, after construction shall be restored to its preconstruction state, or, re-vegetated in compliance with section 117-94(e), Vegetation.

(5)

One open walkway, stairway or rail system that is necessary to provide pedestrian access to the shoreline and are a maximum of six feet in width.

a.

The walkway, stairway or rail system shall be located within the access and viewing corridor.

b.

Landings are permitted and shall not exceed 32 square feet in total area.

(e)

Vegetation. The following provisions shall apply to all properties within the Shoreland Zoning Overlay (SHO) District:

(1)

Shoreland properties that contain vegetation shall maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high water mark of the navigable water, except as provided in the following:

a.

If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

b.

A property that is required to maintain or establish a vegetative buffer zone under this section may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high water mark.

(a)

Statutory authorization. This section is adopted pursuant to the authorization in § 61.35, § 61.351, § 61.353, § 87.30 and § 281.31, Wis. Stats.

(b)

Finding of fact and purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

(1)

Promote the public health, safety, convenience and general welfare;

(2)

Maintain the storm and flood water storage capacity of wetlands;

(3)

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

(5)

Prohibit certain uses detrimental to the shoreland-wetland area; and

(6)

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

(c)

General provisions.

(1)

Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the village shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. See section 117-95(g), for the standards applicable to nonconforming uses. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.

(2)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, villages, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.12(4)(a), Wis. Stats., applies.

(3)

Abrogation and greater restrictions.

a.

This section supersedes all the provisions of any municipal zoning ordinance enacted under §§ 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

b.

This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(4)

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this section is required by a standard in Chapter NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

(5)

Severability. Should any portion of this section be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this section shall not be affected.

(d)

Shoreland-Wetland Overlay Zoning District (SWO).

(1)

Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this section:

a.

Wisconsin Wetland Inventory maps located on the WDNR Surface Water Data Viewer (SWDV).

b.

Floodplain zoning maps titled "Federal Emergency Management Agency (FEMA) Federal Insurance Rate Maps (FIRM)" and dated February 4, 2009 for properties located in Calumet County and July 22, 2010 for properties located in Outagamie County.

c.

United States Geological Survey (USGS) maps located on the WDNR Surface Water Data Viewer (SWDV).

d.

Zoning maps titled "Village of Harrison Official Zoning Map" adopted July 27, 2010 and as amended.

(2)

District boundaries.

a.

The shoreland-wetland overlay zoning district (SWO) includes all wetlands in the village which are five acres or more and are shown on the Wisconsin Wetland Inventory Map that has been adopted and made a part of this section and which are:

1.

Within 1,000 feet of the ordinary high- water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the village shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section.

2.

Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section. Floodplain zoning maps adopted in section 117-95(d)(1) shall be used to determine the extent of floodplain areas.

b.

Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the WDNR for a final determination of navigability or ordinary high-water mark.

c.

When an apparent discrepancy exists between the shoreland-wetland overlay district (SWO) boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate district office of the WDNR to determine if the shoreland-wetland overlay district boundary as mapped, is in error. If WDNR staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section 117-95(d)(2)d. and e., the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.

d.

Filled wetlands. Wetlands which are filled prior to the adoption date of this section, the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this section.

e.

Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under s. 30.11, Stats. are not subject to this section.

(e)

Permitted uses. The following uses are permitted subject to the provisions of chapters 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:

(1)

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

a.

Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;

b.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

c.

The practice of silviculture, including the planting, thinning and harvesting of timber;

d.

The pasturing of livestock;

e.

The cultivation of agricultural crops; and

f.

The construction and maintenance of duck blinds.

(2)

Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

a.

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

b.

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

c.

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

d.

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

e.

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

f.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland overlay zoning (SWO) district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 117-95(i)(3); and

g.

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(3)

Uses which are allowed upon the issuance of a conditional use permit, pursuant section 117-95(h), and which may include wetland alterations only to the extent specifically provided below:

a.

The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section 117-95(e) of this section, provided that:

1.

The road cannot, as a practical matter, be located outside the wetland;

2.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 117-95(i)(3) of this section;

3.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

4.

Road construction activities are carried out in the immediate area of the roadbed only; and

5.

Any wetland alteration must be necessary for the construction or maintenance of the road.

b.

The construction and maintenance of nonresidential buildings provided that:

1.

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals;

2.

The building cannot, as a practical matter, be located outside the wetland;

3.

The building does not exceed 500 square feet in floor area; and

4.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

c.

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

1.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

2.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

3.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section 117-95(e)(3)a.; and

4.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

d.

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:

1.

The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

2.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

3.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 117-95(i)(3).

(f)

Prohibited uses.

(1)

Any use not listed in section 117-95(e) is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this section in accordance with section 117-95(i).

(2)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high- water mark of any navigable waters are prohibited.

(g)

Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(1)

The shoreland-wetland provisions of this section authorized by § 61.351, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats.

(2)

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this section.

(3)

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under § 61.351. or § 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.

(4)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.

(5)

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(h)

Conditional use permits. Conditional use permits may be granted pursuant to Article XI, Conditional Use Permits, and the following:

(1)

Application. To secure information upon which to base its determination, the village board may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this section, such as dimensions and area of the lot; location of any structures with distances measured from the lot lines and center line of all abutting streets or highways; description of any existing or proposed on-site sewage systems or private water supply systems; location of the ordinary high water mark of any abutting navigable waterways; boundaries of all wetlands; existing and proposed topographic and drainage features and vegetative cover; location of floodplain and floodway limits on the property as determined from floodplain zoning maps; location of existing or future access roads; and specifications and dimensions for areas of proposed wetland alteration.

(2)

Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in section 117-95(e)(3), the village board shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this section, as are necessary to further the purposes of this section as listed in section 117-95(b). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.

(3)

Public hearings. A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the WDNR at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.

(4)

Decisions. A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the department within ten days after the decision is issued.

(i)

Amending shore/and-wetland zoning regulations. The village board may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of § 62.23(7)(d)2., Wis. Stats., NR 117, Wis. Adm. Code, and the following:

(1)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the WDNR within five days of the submission of the proposed amendment to the plan commission;

(2)

All proposed text and map amendments to the shoreland-wetland overlay zoning regulations shall be referred to the plan commission, and a public hearing shall be held after class II notice as required by § 62.23(7)(d)2., Wis. Stats. The appropriate district office of the WDNR shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(3)

In order to insure that this section will remain consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the village board may not rezone a wetland in a shoreland-wetland overlay zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

a.

Storm and flood water storage capacity;

b.

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

c.

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

d.

Shoreline protection against erosion;

e.

Fish spawning, breeding, nursery or feeding grounds;

f.

Wildlife habitat; or

g.

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

Where the district office of the WDNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 117-95(i)(3), the WDNR shall so notify the village of its determination either prior to or during the public hearing held on the proposed amendment.

(5)

The appropriate district office of the WDNR shall be provided with:

a.

A copy of the recommendation and report, if any, of the plan commission on a proposed text or map amendment, within ten days after the submission of those recommendations to the village board.

b.

Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

(6)

If the WDNR notifies the plan commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 117-95(i)(3), that proposed amendment, if approved by the village board, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the WDNR, as required by section 117-95(i)(5). If within the 30-day period, the WDNR notifies the village that the WDNR intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by § 62.231(6) and § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or § 61.351(6), Wis. Stats., is completed or otherwise terminated.

(a)

Intent. The intent of this village center overlay zoning district is to establish uniform zoning standards to accommodate pedestrian oriented retail and office businesses and other uses located in a multi-purpose environment within the center of the village; that recognizes the unique character of platting, land use and development within the village center; and that necessitates specialized standards to sustain a unique place. This overlay district is further intended to supersede standards of the base zoning district that allows an intensively developed, compact area consisting primarily of multiple-family residential, retail and office businesses with multi-purpose development where appropriate and maintains the surrounding residential neighborhood supporting the unique village center. The overlay district is further intended to promote human scale design through proportional size, mix, and arrangement of buildings and public spaces, and streetscape features; and to establish connectivity to activity areas.

(b)

Boundary of village center overlay zoning district. The standards of village center overlay zoning district within this section shall apply to and include properties as shown on the official zoning map, with the general boundaries to include approximately 80 acres on the northeast comer of County Road N and Manitowoc Road. The provisions of this section shall be in effect on a property or properties within the boundary of the village center overlay zoning district and shall apply to all buildings and structures erected and all uses of land established after the effective date of this section.

(c)

Sub-districts of the village center overlay zoning district. To achieve the intent of the village center overlay district, sub-districts are created. The sub-districts of the village center overlay district are as follows:

(1)

Civic campus. Design guidelines concerning the civic campus focus on the public realm and public streetscape. The buildings and structures located within this sphere are for municipal government functions such as village hall offices, library, community center, fire and emergency operations, and parks and recreation.

(2)

Village green. The Village Green District is the focal point of the village center. The intent of this district is to promote designs that frame the village green and provides increased activity both on the programmatic and land use direction. The village green is a mixed-use area with commercial on the ground floor preferred and residential on the upper floors. Residential on the ground floor may be acceptable if approved by the plan commission.

(3)

Retail district. The retail district establishes the entrances and the first impressions into the village center. The intent of this district is to promote design that exceeds that of the typical commercial strip development. These guidelines provide a framework to create signature entrance ways and view shed into the village green as new development projects are brought forward.

(4)

Residential district. The residential district serves as a transitional buffer or zone between land uses proposed in the village center. New residential to the south of the village center along Manitowoc Road will serve as a transitional buffer between existing land zoned for industrial and the proposed parks and recreational facilities. New residential to the north in the village center will serve as a transitional buffer between proposed retail and existing single-family residential uses.

(d)

Village center plan. The provisions of the village center plan dated February 2017 are incorporated herein by reference, including Chapter 3: Design Guidelines. Except as otherwise expressly set forth herein, this section shall be construed in accordance with the provisions of the village center plan and any interpretations, amendments, rules and regulations promulgated by the Village of Harrison from time to time pursuant to the village center plan. Any capitalized terms not otherwise defined in this section shall have the definitions set forth in the village center plan. The plan commission shall have authority to interpret and construe the village center plan and this section and to make any and all determinations under them. A copy of the Design Guidelines can be obtained from the village planner.

(e)

Administration. Administration of this section shall be guided by the following terms and conditions.

(1)

The base zoning district is the primary zoning district that applies to a property. Every property within the village center has a base zoning district that establishes the primary type and intensity of land use for the property, along with development regulations of this chapter for that particular type and intensity of land use for the property. The standards within this section apply to all properties of the village center overlay zoning district in lieu of the type and intensity of land use and the development regulations of the base zoning district. If situations arise of the type and intensity of land use and with property maintenance that are not addressed within the standards of the village center overlay zoning district, development regulations of the base zoning district and this chapter shall apply. However, any aspect of the development regulations of the base zoning district or chapter not addressed in the village center overlay zoning district may conflict with and restrict a new use, redevelopment or new development that otherwise meets the intent of, is permitted in, and conforms to other standards of the village center overlay zoning district. When a conflict in regulation is identified, upon finding that the intent of the village center overlay zoning district is maintained, the plan commission may waive the conflicting regulation or establish alternative criteria for the new use, redevelopment or new development to adhere to.

(2)

The massing standards of lot size and lot width and/or frontage of section supersede any similar requirement of chapter 115, land division, of this Code.