The jurisdiction of this Ordinance shall apply to all structures, lands, water, and air within the corporate limits of the Village of Kewaskum.

(Ord. No. 2004-04, § 95.0201, 5-25-04)

No structure, land, water, or air shall hereafter be used or developed and no structure or part thereof shall hereafter be located, erected, moved, substantially improved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, unless specifically exempted by section 95-204, and without full compliance with the provisions of this Ordinance and all other applicable local, county, and state regulations.

(Ord. No. 2004-04, § 95.0202, 5-25-04)

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all required 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 from compliance when § 30.12(4)(a), Wis. Stats., applies.

(Ord. No. 2004-04, § 95.0203, 5-25-04)

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

(a)

Principal uses and their essential services specified for a district are permitted.

(b)

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Accessory structures permitted in floodplains are limited to those allowed in sections 95-49, 95-50, and 95-51. Residential accessory uses shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this Ordinance.

(c)

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the village board in accordance with section 95-206. When a use is classified as a conditional use at the date of adoption of this Ordinance, it shall be considered a legal use without further action of the village board. Changes to or substitution of conditional uses shall be subject to review and approval by the village board in accordance with section 95-206.

(d)

Principal uses not specified in this Ordinance and which are found to be similar in character to principal and accessory uses permitted in the district may be permitted by the village board after the village plan commission has made a review and recommendation.

(e)

Conditional uses not specified in this Ordinance and which are found by the plan commission to be similar in character to conditional uses permitted in the district, may be permitted by the village board after review, public hearing, and approval in accordance with section 95-206 of this Ordinance.

(f)

Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the village board after review, public hearing, and approval in accordance with the same process as used for conditional uses in section 95-206 of this Ordinance.

(Ord. No. 2004-04, § 95.0204, 5-25-04)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The zoning administrator, in applying the provision of this section shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he or she so desires. Thereafter, the village plan commission may affirm, modify, or withdraw the determination of unsuitability. In addition:

(a)

All lots shall abut upon a public street or other officially approved means of access for a frontage of at least 60 feet at the right-of-way, except those in the B-3 District shall have a frontage of at least 40 feet and those fronting on the radius of a cul-de-sac turnaround shall have a frontage of at least 30 [feet].

(b)

All principal structures shall be located on a lot, and only one principal structure shall be located, erected, or moved onto a lot in single-family and two-family residential districts. The plan commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(c)

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

(d)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district.

(e)

A buffer yard shall be created and maintained around all business and industrial districts which abut a residential district and any multifamily residential district that abuts a single-family residential, two-family residential, business, or industrial district. The plan commission may also require a landscaped buffer yard around business and industrial districts abutting park and institutional districts. Such buffer yards are not required if the use on the subject site is planned in the adopted Village of Kewaskum comprehensive plan, or element thereof, to abut a use of similar intensity. Buffer yards shall screen such uses from adjoining lands in such a manner that:

1.

If a buffer yard is composed mostly of plant materials, it shall be of sufficient depth and height, and contain sufficient plant species as to provide dense visual screening within 3 years and during all seasons of the year. Existing healthy plant material of desirable species may be used to meet the screening requirement.

2.

Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence, except those in the B-3 District, to create an attractive view from the residential side, and from the single-family or two-family residential side where buffer yards are required for multifamily residential uses. Any wall or fence shall not be less than four or more than six and one-half feet in height and shall comply with the requirements set forth for fences in section 95-74 of this Ordinance.

3.

Buffer yards shall be used only for landscaping, required screening, drainage facilities, utilities, fences, walls, and earth berms. Required buffer yards may be located with required setbacks, however, structures and parking lots which are permitted within required setbacks are not permitted in a buffer yard.

4.

Where a buffer yard is located next to a parking lot on the same site, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall not direct any rays onto adjacent residential properties.

5.

All landscaping shall be maintained by the owner or operator to the satisfaction of the plan commission.

6.

No signs shall be permitted on or in any part of the buffer yard.

7.

All buffer yards shall comply with the traffic visibility requirements set forth in section 95-61 of this Ordinance.

(Ord. No. 2004-04, § 95.0205, 5-25-04)

In addition to any other applicable use, site, or sanitary restrictions and regulations, any use on land annexed after May 7, 1982, which lies within shorelands, as defined in section 95-222 of this Ordinance, shall comply with the requirements of § 61.353, Wis. Stats. Said requirements shall be administered and enforced by the village.

(Ord. No. 2004-04, § 95.0206, 5-25-04; Ord. No. 16-07, § 1, 8-1-16)

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

(Ord. No. 2004-04, § 95.0207, 5-25-04)