Kewaskum Village City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 95-31.- Establishment.

(a)

For the purpose of this Ordinance, the Village of Kewaskum is hereby divided into 16 basic zoning districts as follows:

A-1 Agricultural/Transitional District

RS-1 Single-Family Residential District

RS-2 Single-Family Residential District

RD-1 Two-Family Residential District

RM-1 Multifamily Residential District

B-1 Limited Business District

B-2 Community Business District

B-3 Central Business District

B-4 General Business and Warehousing District

M-1 Limited Manufacturing District

M-2 General Manufacturing District

M-3 Extractive District

I-1 Institutional District

P-1 Park and Recreation District

C-1 Lowland Conservancy District

C-2 Upland Conservancy District

In addition, there is hereby established within the Village of Kewaskum five overlay zoning districts as follows:

FW Floodway Regulatory Area

FC Floodplain-Conservancy Regulatory Area

UF Urban-Floodplain Regulatory Area

RBT Residential/Business Transition Overlay District

PUD Planned Unit Development Overlay District

(b)

Boundaries of these districts are hereby established as shown on the maps "Zoning Map of the Village of Kewaskum, Washington County, Wisconsin," and "Supplementary Floodland Zoning Map of the Village of Kewaskum, Washington County, Wisconsin," which accompany and are herein made a part of this Ordinance [and on file in the office of the village clerk]. All notations and references shown on the maps are as much a part of this Ordinance as though specifically described herein. This Ordinance hereby incorporates herein any future changes or any later zoning maps that may be adopted by Ordinance of the village board.

The boundaries of floodplain and shoreland areas for lands annexed to the village after January 3, 1989, are as shown on the composite Washington County Shoreland, Wetland, and Floodplain Zoning Map.

(c)

The district boundaries in all districts, except the conservancy districts and the Floodplain Regulatory Areas, shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way, or such lines extended; unless otherwise noted on the zoning map.

(d)

[Reserved.]

(e)

Boundaries of the C-1 Lowland Conservancy District were based on the wetland inventory maps prepared by the Southeastern Wisconsin Regional Planning Commission on the Commission's Year 2000 one inch equals 400 feet scale orthophotographs, and include, but are not limited to, all shoreland-wetlands of five acres or greater in area shown on those maps. The C-1 District may also include wetlands shown on development plan approvals. Precise wetland delineations shall be made by field investigation prior to development to verify C-1 District boundaries.

(f)

Boundaries of the C-2 Upland Conservancy District were based on the upland portion of the primary environmental corridors, secondary environmental corridors, and isolated natural resource areas delineated in the adopted Village of Kewaskum comprehensive plan, or element thereof, and refinements or updates to such corridors or areas prepared by the Southeastern Wisconsin Regional Planning Commission and adopted by the village board. The C-2 District may also include buffers, significant natural areas, and conservation easements shown on development plan approvals.

(g)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(h)

Annexations to or consolidations with the village subsequent to the effective date of this Ordinance shall be placed in the A-1 Agricultural/Transitional District, unless the annexation ordinance temporarily places the land in another district that is in conformance with the adopted village comprehensive plan or component thereof. Within one year, the village plan commission shall evaluate and recommend a permanent classification to the village board.

(Ord. No. 2004-04, § 95.0301, 5-25-04; Ord. No. 16-07, §§ 1, 2, 8-1-16)

Sec. 95-32. - Zoning map.

Certified copies of the zoning map and the supplementary floodland zoning map shall be adopted and approved with the text as part of this Ordinance and shall bear upon its face the attestation of the village president and the village clerk and shall be available to the public in the office of the village clerk. Amendments to the zoning maps shall take effect upon adoption by the village board, and the filing of proof of posting or publication thereof in the office of the village clerk.

(Ord. No. 2004-04, § 95.0302, 5-25-04)

Sec. 95-33. - A-1 Agricultural/Transitional District.

This district is intended to provide for the continuation of general farming or related uses in those areas of the village that are not yet committed to urban development. The district is further intended to protect such lands from urban development until their orderly transition into urban-oriented districts is warranted and/or necessary.

(a)

Permitted principal uses.

General farming, including agriculture, dairying, floriculture, horticulture, forestry, grazing, hay, nurseries, orchards, stables, truck farming, and viticulture (grape growing).

Keeping and raising of domestic stock for agribusiness, show, breeding, boarding, riding academy, or other purposes incidental to the principal use of the premises and subject to the following limitations:

The keeping and raising of hogs is prohibited.

Not more than one head of livestock or 20 head of poultry shall be permitted for each one acre.

General farm buildings including barns, silos, sheds and storage bins intended for permitted agricultural uses and sized to meet demonstrated agricultural needs.

Existing dwellings not accessory to any farm operation or dwellings remaining after consolidation of farms.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Farm dwellings for those resident owners and laborers actually engaged in one or more of the activities listed as permitted principal uses.

Building-mounted solar collectors which do not detract from the appearance of the structure provided that the location of the collector is approved by the plan commission and a professional engineer certifies that the structure is adequate to support the load.

Essential services.

(c)

Conditional uses.

Keeping and raising of domestic stock for agribusiness, show, breeding, boarding, riding academy, or other purposes incidental to the principal use of the premises that exceeds one head of livestock or 20 head of poultry for each one acre.

Seasonal establishments selling fruits, vegetables, and selected farm products.

Energy conversion systems as set forth in section 95-84.

Fish hatcheries.

Game farms and game management.

Veterinarian services.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Five acres.

Lot width. Two hundred feet.

(e)

Building height. No farm dwelling or parts of a dwelling shall exceed 35 feet in height.

(f)

Minimum yards.

All yards. Fifty feet from all lot lines and street right-of-way lines.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0303, 5-25-04)

Sec. 95-34. - RS-1 Single-Family Residential District.

This district is intended to provide for single-family residential development at densities not exceeding 4.4 dwelling units per net acre, and served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Single-family dwellings with a garage.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and Ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Freestanding solar energy systems as set forth in section 95-4.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. Seventy-five feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,200 square feet with a minimum first floor area of 750 square feet.

(f)

Minimum yards.

Street yard. Thirty feet.

Side yard. An aggregate of 15 feet, with no single side yard less than seven feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0304, 5-25-04)

Sec. 95-35. - RS-2 Single-Family Residential District.

This district is intended to provide for single-family residential development at densities not exceeding 6.1 dwelling units per net acre, and served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Single-family dwellings with a garage.

Existing two-family dwellings provided the two-family structure existed as of April 1, 1978.

Conversion of an existing two-family dwelling into a single-family dwelling. Once the structure is converted to a single-family dwelling, said structure shall not be permitted to be reverted to a two-family dwelling.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74. Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Freestanding solar energy systems as set forth in section 95-84.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Seven thousand two hundred square feet.

Lot width. Sixty feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,000 square feet with a minimum first floor area of 600 square feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. An aggregate of 15 feet with no single side yard less than seven feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0305, 5-25-04)

Sec. 95-36. - RD-1 Two-Family Residential District.

This district is intended to provide for two-family residential development at densities not exceeding 7.3 dwelling units per net acre. Single-family residential development may also occur in this district at densities not exceeding 7.3 dwelling units per net acre. All RD-1 residential developments shall be served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Two-family dwellings with a garage.

Single-family dwellings with a garage.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Conversion of a single-family dwelling into a two-family dwelling provided that:

The structure was in existence as of April 1, 1978; and

Each dwelling unit shall meet the minimum floor area requirements for the RD-1 District.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Freestanding solar energy systems as set forth in section 95-74.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Twelve thousand square feet.

Lot width. Ninety feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,000 square feet per unit, with a minimum first floor area of 600 square feet per unit.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. An aggregate of 20 feet, with no single side yard less than eight feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0306, 5-25-04)

Sec. 95-37. - RM-1 Multifamily Residential District.

This district is intended to provide for multifamily residential development at densities not exceeding 21.8 dwelling units per net acre for efficiency and one-bedroom apartments; or 14.5 dwelling units per net acre for two-bedroom apartments; or 12.4 dwelling units per net acre for three-bedroom or larger apartments; or a proportionate combination not to exceed the above ratios. Two-family residential development may also occur in this district at densities not exceeding 7.3 dwelling units per net acre. All RM-1 residential developments shall be served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Multifamily dwellings.

Two-family dwellings.

Community living arrangements, and community-based residential facilities (CBRF), having a capacity for 15 or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Foster day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Bed and breakfast establishment provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for 16 or more persons.

Housing for the elderly not exceeding 22 units per net acre.

Rest homes, nursing homes, clinics, and children's nurseries provided that all principal structures are not closer than 50 feet to a lot line.

Conversion of a single-family dwelling into a two-family dwelling provided that:

The structure was in existence as of April 1, 1978; and

Each dwelling unit shall meet the minimum lot and floor area requirements for two-family dwellings under the RM-1 District.

Freestanding solar energy systems as set forth in section 95-84.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Lot area and width.

Minimums. Lots shall be no less than 12,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

Dwelling Type	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
Two-family	12,000	90
Multifamily, efficiency and one-bedroom	2,000 per unit	100
Multifamily, two-bedroom	3,000 per unit	100
Multifamily, three-bedroom or more	3,500 per unit	100

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Floor area as follows:

Dwelling Type	Minimum Floor Area (sq. ft.)
Two-family	900 per unit; 1,800 per building
Multifamily, efficiency	450 per unit
Multifamily, one-bedroom	500 per unit
Multifamily, two-bedroom	650 per unit
Multifamily, three-bedroom or more	800 per unit

(f)

Minimum yards.

Street yard. Thirty feet.

Side yard. Side yard as follows:

Dwelling Type	Aggregate Side Yard (feet)	Minimum Single Side Yard (feet)
Two-family	20	8
Multifamily, 3—4 units	30	15
Multifamily, 5—8 units	40	20
Multifamily, 9 or more units	50	25

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a multifamily residential environment that is compatible with the neighborhood character, zoning permits for uses allowed in the RM-1 Multifamily Residential District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0307, 5-25-04)

Sec. 95-38. - B-1 Limited Business District.

This district is intended to provide for individual or small groups of retail and service establishments serving primarily the convenience of a local neighborhood, and where character, appearance, and operation of which are reasonably compatible with the character of the surrounding area.

(a)

Permitted principal uses. The following retail sale and service establishments, but not including drive-through facilities and outdoor storage of products or merchandise:

Retail stores and shops offering convenience goods and services not exceeding 1,500 square feet of primary floor area and not including automobiles, large marine craft, and fuel and vehicle service stations.

Business and professional offices and studios not exceeding 1,000 square feet of primary floor area.

Civic, social, and fraternal associations.

Clothing and merchandise repair stores employing not more than five persons on any working shift, including small watercraft such as canoes and kayaks, but excluding automobile and large watercraft related repairs.

Meat markets, but not including slaughtering.

Self-service dry-cleaning and laundry establishments.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

Private garages or storage of vehicles used in conjunction with the operation of a business.

Essential services.

(c)

Conditional uses. The following retail sale and service establishments, but not including drive-through facilities and outdoor storage of products or merchandise:

Retail stores and shops exceeding 1,500 square feet to a maximum of 10,000 square feet of primary floor area, excluding automobiles, large watercraft, and fuel and vehicle service stations. The maximum primary floor area shall be interpreted as the total floor area of all buildings on a lot regardless of whether or not the floor area includes a single building or multiple buildings (such as a mall setting).

Office and customer service facilities, such as, but not limited to, the following:

Business, professional, medical, public service, banking, and savings and loan offices exceeding 1,000 square feet of primary floor area.

Restaurants, taverns, theaters, and other such commercial entertainment facilities.

Studios for commercial photography, advertising, art, music, dancing, and other such uses, including related schools, exceeding 1,000 square feet of primary floor area.

Animal hospitals and veterinary services, but not including the boarding of animals.

Antique and secondhand stores.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Cellular towers, as set forth in section 95-83.

Commercial adult and child care centers.

Construction services.

Freestanding solar energy systems as set forth in section 95-84.

10.

Funeral and crematory services.

11.

Gymnasiums and athletic clubs.

12.

Outdoor display of retail merchandise for sale.

13.

Pet and pet grooming stores.

14.

Roadside stands selling seasonal goods or services.

15.

Sale of beer, wine, and distilled alcoholic beverages.

16.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. Ninety feet.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 35 feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. Ten feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a business environment that is compatible with the neighborhood character of the village, zoning permits for uses allowed in the B-1 Limited Business District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0308, 5-25-04)

Sec. 95-39. - B-2 Community Business District.

This district is intended to provide for the orderly and attractive grouping in appropriate locations of business activities of a more general nature serving a larger community trade area.

(a)

Permitted principal uses. The following retail sale and service establishments, but not including drive-through facilities and outdoor storage of products or merchandise:

All principal permitted uses allowed in the B-1 District.

Retail stores and shops not exceeding 10,000 square feet of primary floor area. The maximum floor area shall be interpreted as the total floor area of all buildings on a lot regardless of whether or not the floor area includes a single building or multiple buildings (such as a mall setting).

Office and customer service facilities such as, but not limited to, the following:

Business, professional, medical, public service, banking, and savings and loan offices.

Restaurants, taverns, theaters, and other such commercial entertainment facilities.

Commercial photography, advertising, art, music, dancing, and other such uses, including related schools.

Automobile and marine craft rental, repair, and sales, including the sale of parts and other accessories, but not including junk and salvage yards.

Equipment rental and leasing services.

Hotels and motels.

Laundry and dry-cleaning establishments.

Outdoor display of retail merchandise for sale.

Pet and pet grooming stores.

10.

Sale of beer, wine, and distilled alcoholic beverages.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

Private garages or storage of vehicles used in conjunction with the operation of a business.

Essential services.

(c)

Conditional uses. The following retail sale and service establishments:

Retail stores and shops in excess of 10,000 square feet of primary floor area.

Animal hospitals and veterinary clinics provided that no services, including the boarding of animals, are offered outside an enclosed building.

Antique and secondhand stores.

Car washes.

Cellular towers as set forth in section 95-83.

Check cashing services.

Construction services and contractor shops.

Commercial adult and child care centers.

Dermagraphic services (tattoo shops).

10.

Disinfecting and exterminating services.

11.

Drive-through facilities.

12.

Freestanding solar energy systems as set forth in section 95-84.

13.

Fuel and automobile service stations.

14.

Funeral and crematory services.

15.

Gymnasiums and athletic clubs.

16.

Outdoor storage of products or merchandise.

17.

Radio and television transmitting and receiving stations.

18.

Roadside stands selling seasonal goods or services.

19.

Sale of guns, ammunitions, fireworks, fuel oil, and bottled gas.

20.

Utility substations, municipal wells, pumping stations, and municipal towers.

21.

Adult-oriented establishments.

The village board finds that adult-oriented establishments require special zoning restrictions in order to protect and preserve the public health, safety, welfare, and morals of the village. In recognition of the protections afforded to the citizens under the 1st and 14th Amendments, it is not the intent of this subsection to inhibit freedom of speech or the press, but rather to restrict the location of defined material and activities consistent with the village's interest in the present and future character of its community development. Accordingly, adult-oriented establishments are subject to the following:

(i)

No building for an adult-oriented establishment or use, measured from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the establishment or use, shall be located within 500 feet of the nearest property line of the premises of a hospital, residence, religious institution, school, funeral parlor, crematorium, day care center, restaurant, library, park, museum, playground, or any other public or private building or premises likely to be utilized by persons under the age of 18 years.

(ii)

No building for an adult-oriented establishment or use shall be located within 500 feet of a building for another adult-oriented establishment or use. The distance between any two adult-oriented establishments shall be measured from the closest exterior wall of the structure in which each business is located.

(iii)

No building for an adult-oriented establishment or use shall be located within 500 feet of the nearest property line of any area zoned residential or agricultural in the village or a contiguous town or municipality.

(iv)

Required separation distances between an adult establishment and other uses, including another adult establishment, are to be measured in a straight line, without regard to intervening structures or objects. Presence of another municipality, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.

(v)

Advertisements, displays, pictures, or other promotional materials which are sexual in nature shall not be shown or exhibited on the premises in a manner which makes them visible from pedestrian ways or other public areas. All points of access into such establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner that will prevent a view into the interior from any public area.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. Seventy-five feet.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 35 feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. Ten feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a business environment that is compatible with the community character of the village, zoning permits for uses allowed in the B-2 Community Business District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0309, 5-25-04)

Sec. 95-40. - B-3 Central Business District.

The district is intended to provide for the orderly continuation of the traditional central business district. The business activities in the district are of a general nature and are typically characterized by on-street parking and structures that abut the street right-of-way.

(a)

Permitted principal uses. All principal permitted uses allowed in the B-2 District, except retail stores and shops shall not exceed 1,500 square feet of primary floor area; business, professional, medical, public service, banking, and savings and loan offices shall not exceed 1,000 square feet of primary floor area; studios for commercial photography, advertising, art, music, dancing, and other such uses, including related schools, shall not exceed 1,000 square feet of primary floor area; and outdoor display of retail merchandise for sale and automobile and large marine craft (except small watercraft, such as canoes and kayaks, which are permitted uses) rental, repair, and sales shall be excluded.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

Private garages or storage of vehicles used in conjunction with the operation of a business.

Essential services.

Residential quarters for the owner or proprietor, condominiums, and rental apartments in the rear of a business establishment or on a nongroundfloor level provided that there shall be a minimum floor area of 300 square feet for an efficiency apartment, 420 square feet for a one-bedroom apartment, and 500 square feet for a two-bedroom apartment.

(c)

Conditional uses. The following retail sale and service establishments, but not including outdoor storage of products or merchandise:

All conditional uses allowed in the B-2 District, except adult-oriented establishments, and retail stores and shops not exceeding 10,000 square feet of primary floor area.

Office and customer service facilities such as, but not limited to, the following:

Business, professional, medical, public service, banking, and savings and loan offices exceeding 1,000 square feet of primary floor area.

Studios for commercial photography, advertising, art, music, dancing, and other such uses, including related schools, exceeding 1,000 square feet of primary floor area.

Automobile and large marine craft rental, repair, and sales, including the sale of parts and other accessories, but not including junk and salvage yards.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Drive-through facilities, excluding those for restaurants.

Housing for the elderly not exceeding 22 units per net acre.

Outdoor display of retail merchandise for sale.

(d)

Minimum lot area and width.

Lot area. Five thousand square feet.

Lot width. Forty feet.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 35 feet.

(f)

Minimum yards.

Street yard. None.

Side yard. None.

Rear yard. None.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a business environment that is compatible with the community character of the village, zoning permits for uses allowed in the B-3 Central Business District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0310, 5-25-04)

Sec. 95-41. - B-4 General Business and Warehousing District.

This district is intended to provide for the orderly development of businesses conducting wholesale and retail business, as well as storage.

(a)

Permitted principal uses. The following wholesale and/or retail sales and warehousing establishments, but not including drive-through facilities and outdoor storage of products or merchandise:

Establishments for the wholesaling, retail sales, and warehousing of the following goods and materials within the confines of a building, other than flammable liquids and gaseous, vaporous, or explosive substances:

Automobile, marine craft, and related equipment, but not including junk or salvage yards.

Beer, wine, distilled alcoholic beverages, soda, and bottled water processing and storage.

Commercial and industrial machinery, equipment, and supplies.

Electrical appliances, computers, televisions, and stereos.

Electrical, plumbing, heating, and air conditioning parts and equipment.

Equipment and supplies for service establishments.

Footwear, apparel, and accessories.

Food lockers.

Furniture and home furnishings.

Grain, fruits, and vegetables.

Groceries and household goods.

Hardware, paint, lumber, and construction materials.

Paper and paper products.

Transportation equipment and supplies.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

Offices, power supply, and other uses normally auxiliary to the principal business operation.

Private garages or storage of vehicles used in conjunction with the operation of the business.

Essential services.

(c)

Conditional uses. The following wholesaling and/or retail sales and warehousing establishments, but not including drive-through facilities and outdoor storage of products or merchandise:

Animal feeds, fertilizer, seeds, garden and lawn supplies, animal health products, and lawn equipment, including processing of feed prepared for animals and fowl.

Animal hospitals and veterinary clinics provided that no services, including the boarding of animals, are offered outside an enclosed building.

Cellular towers as set forth in section 95-83.

Diary products and processing.

Fish and seafood.

Freight yards, freight terminals, and transshipment depots.

Freestanding solar energy systems as set forth in section 95-84.

Fuel oil, bottled gas, and ice dealers.

Hides, skins, wool, and mohair.

10.

Meat and meat product, slaughtering and processing.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. Ninety feet.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 35 feet.

(f)

Minimum yards.

Street yard. None.

Side yard. None.

Rear yard. None.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a business environment that is compatible with the community character of the village, zoning permits for uses allowed in the B-4 General Business and Warehousing District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0311, 5-25-04)

Sec. 95-42. - M-1 Limited Manufacturing District.

This district is intended to provide for manufacturing, production, or fabrication operations of a limited nature and size, which, on the basis of physical and operational characteristics, would not be detrimental to the surrounding area or to the village as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other similar factors; and to establish such regulatory controls as will reasonably insure compatibility with the surrounding area in this respect. Also, the M-1 District is intended to provide for the orderly and attractive grouping, at appropriate locations, of wholesale business establishments. All uses in this district must meet the performance standards set forth in article IX.

(a)

Permitted principal uses.

All uses involving the manufacture, production, or fabrication of products within the confines of a building and in which any smoke, dust, flash, noise, or odor produced in the manufacturing or fabrication process is confined within a building.

All uses involving the provision of a service in which any smoke, dust, flash, noise, or odor produced by such service is confined within a building, and is either a manufacturing-related, production-related, or fabrication-related use confined within a building or is not permitted in business districts.

Establishments for the wholesaling, warehousing, or storage of goods and materials other than flammable liquids, and gaseous, vaporous, or explosive substances where such goods or materials are temporarily stored inside a building.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

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

Private garages for storage of vehicles used in conjunction with the operation of the business.

Essential services.

(c)

Conditional uses.

Aggregate, ready-mix, and asphalt plants.

Animal hospitals, veterinary services, and boarding of animals.

Book, newspaper, and magazine publishing, printing, and binding; binding devices.

Canneries.

Cellular towers as set forth in section 95-83.

Central composting site and related operations, such as wood shaving or brush collection sites.

Commercial greenhouses.

Commercial services facilities such as athletic clubs, day care centers, restaurants, financial institutions, and clinics.

Dairy products and processing.

10.

Dimension hardwood flooring, veneer, and plywood manufacturing and processing.

11.

Dispensing or sale of flammable and nonflammable liquids.

12.

Energy conversion systems as set forth in section 95-84.

13.

Experimental, testing, and research laboratories.

14.

Forges, foundries, refineries, and smelters.

15.

Freight yards, freight terminals, and transshipment depots.

16.

Lumber yards, millwork, sawmills, and planing mills.

17.

Machine and welding shops.

18.

Meat processing and packaging plants.

19.

Motor vehicle repair shop.

20.

Outdoor storage.

21.

Pleating, decorative, and novelty stitching and tucking for the trade.

22.

Processing of seed or products from grain for animal feed, processing of animal health products, and storage of animal feeds, fertilizer, seeds, and animal health products.

23.

Recycling center and/or transfer stations.

24.

Self-service storage facilities (mini-warehousing).

25.

Storage of explosive or flammable materials related to the permitted use.

26.

Tanneries.

27.

Utility substations, municipal wells, pumping stations, and municipal towers.

28.

Vehicle fueling stations.

29.

Adult-oriented establishments.

(i)

(ii)

No building for an adult-oriented establishment or use shall be located within 500 feet of another adult-oriented establishment or use. The distance between any two adult-oriented establishments shall be measured from the closest exterior wall of the structure in which each business is located.

(iii)

(iv)

(v)

(d)

Minimum lot area and width.

Lots shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading/unloading areas, and required yards, but shall be no less than 10,000 square feet in area and 75 feet in width.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 45 feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. Ten feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a manufacturing and industrial environment that is compatible with the community character of the village, zoning permits for uses allowed in the M-1 Limited Manufacturing District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0312, 5-25-04; Ord. No. 18-02, § 1, 3-5-18)

Sec. 95-43. - M-2 General Manufacturing District.

This district is intended to provide the same type of manufacturing, production, and fabricating operations and uses as in the M-1 Limited Manufacturing District, plus more intensive uses. However, these operations and uses shall be provided in those areas where the relationships to surrounding land use would create fewer problems of compatibility. The M-2 District also permits those activities generally perceived as being of a nuisance nature or considered to be hazardous. All uses in this district must meet the performance standards set forth in article IX of this Ordinance. Such districts should not normally abut directly upon residential, commercial, or institutional districts.

(a)

Permitted principal uses.

All permitted uses allowed in the M-1 District.

All manufacturing, production, fabricating, and storage uses not permitted in any other industrial district (except the manufacture, production, or fabrication of explosives, flammable liquids, and gaseous or vaporous substances) provided that such permitted uses are confined within a building.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Off-street parking and loading areas.

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

Private garages for storage of vehicles used in conjunction with the operation of the business.

Essential services.

(c)

Conditional uses.

All conditional uses as allowed in the M-1 District.

(d)

Minimum lot and width.

Lot area. Twenty thousand square feet.

Lot width. One hundred feet.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 45 feet.

(f)

Minimum yards.

Street yard. Thirty-five feet.

Side yard. Twenty-five feet.

Rear yard. Forty feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a manufacturing and industrial environment that is compatible with the community character of the village, zoning permits for uses allowed in the M-2 General Manufacturing District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0313, 5-25-04)

Sec. 95-44. - M-3 Extractive District.

This district is intended to provide for the conduct of quarries limited to extraction of nonmetallic onsite materials, to provide for related operations, and for the proper restoration of the extracted areas. These regulations provide for the restoration of quarries and extractive areas in a manner that will not deteriorate the natural environment, and are intended to be utilized in existing and planned quarry and extractive use areas.

(a)

Permitted principal uses. Essential services.

(b)

Accessory uses. Accessory uses in the M-3 Extractive District shall require a conditional use permit and shall be limited to those accessory uses listed in subsection (c) below and section 95-74.

(c)

Conditional uses.

Aggregate, ready-mix, and asphalt plants, when accessory to quarrying operations.

Manufacture of cement, concrete blocks, and other similar concrete products, when accessory to quarrying operations.

Peat and soil removal.

Processing, crushing, refining, washing, or stockpiling of gravel, minerals, sand, or stone, when accessory to quarrying operations.

Quarrying or other nonmetallic mining operations, including clay, gravel, and sand extractions.

Utility substations, municipal wells, pumping stations, and municipal towers.

Accessory uses shall comply with the requirements of section 95-74 and may also include the following uses where accessory to a conditional use:

Private garages for storage of vehicles and equipment.

Off-street parking and loading areas provided they are properly screened from public view.

Maintenance buildings and weighing scales.

Offices, storage, power supply, and other auxiliary uses.

Freestanding solar energy system as set forth in section 95-84.

(d)

Minimum lot area and width.

Lot area. Lots shall provide sufficient area for all permitted structures and accessory structures, the extractive operation, off-street parking and loading/unloading areas, and all required yards.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 45 feet.

(f)

Minimum yards.

Minimum. The extractive operation shall have a minimum yard of 200 feet from all lot lines and/or street right-of-way lines.

Setback. Accessory uses, such as offices, parking and loading/unloading areas, and stockpiles of extractive materials, shall be set back at least 100 feet from all lot lines and street right-of-way lines.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Application, operation plan, and restoration plan required. Application for a conditional use permit shall be made to the zoning administrator by the property owner. A completed application in accordance with section 95-206 and a fee paid in accordance with section 95-208 for one year of operation shall be accompanied by the following:

Each applicant for a conditional use in the M-3 District shall submit an operation plan for approval by the village plan commission. The operation plan shall specify:

The name and address of the lessee or operator, if different from the property owner.

A timetable for operation of the quarry, including the date on which the quarrying, extractive, or other operation will begin and the planned date of the completion of the operation.

A phasing plan showing the location and timing of all proposed phases.

Hours and days of operation for the quarrying, extractive, or other operation.

The means by which noise, dust, and other potential nuisances will be controlled.

The means by which the applicant will control stormwater runoff and erosion to protect watersheds and groundwater aquifers.

Existing contours with intervals of no more than five feet, existing and proposed access roads, and the depth of all existing and proposed excavations.

The location, height, and type of all proposed fences.

All machinery and equipment to be used and/or stored during the quarrying, extractive, or other operation, and the location thereof.

A transportation plan identifying the mode of transportation to be used, the size and types of vehicles to be used, the number and frequency of trips to and from the site, and the routes to be used by trucks or locomotives.

The location and type of landscaping to be used to screen the quarrying operation from adjacent land uses and public rights-of-way.

Other information as required by the village plan commission.

The applicant shall submit to the village plan commission for approval a restoration plan that specifies the proposed land use after rehabilitation, proposed contours after filling or restoration; removal of roads no longer in use; depth of the restored topsoil; type of fill, planting, or reforestation; restoration commencement and completion dates including proposed timetables for completion of various stages of reclamation; and other information as required by the village plan commission. The applicant shall furnish the necessary fees to provide for the village's inspection and administration costs. The applicant shall furnish the necessary sureties, which will enable the village to perform the planned restoration of the site in event of default by the applicant. The amount of sureties shall be based upon cost estimates prepared by the village engineer, and the form and type of such sureties shall be approved by the village board.

(Ord. No. 2004-04, § 95.0314, 5-25-04)

Sec. 95-45. - I-1 Institutional District.

This district is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(a)

Permitted principal uses.

Commercial adult and child care centers.

Churches, synagogues, and other places of worship.

Hospitals, sanatoriums, nursing homes, and clinics.

Libraries, community centers, museums, and public art galleries.

Lodges.

Post office and postal substations.

Public administrative offices, and public service buildings, including fire and police stations.

Public or private schools, colleges, and universities.

Public utility offices.

10.

Water storage tanks and towers, municipal wells, and pumping stations.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Residential quarters for caretakers or clergy.

Off-street parking and loading areas.

Private garages for storage of vehicles used in conjunction with the operation of a permitted principal use.

Service buildings and facilities normally accessory to the permitted principal use.

Essential services.

(c)

Conditional uses.

Cellular towers as set forth in section 95-83.

Cemeteries.

Funeral homes and crematory services.

Community living arrangements and community-based residential facilities (CBRF), subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Housing for the elderly not exceeding 22 units per net acre.

Energy conversion systems as set forth in section 95-84.

Health clubs.

Recycling center and/or transfer stations.

Utility substations.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. None.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 60 feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. An aggregate of 15 feet with no single side yard less than seven feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage an institutional use environment that is compatible with the neighborhood character, zoning permits for uses allowed in the I-1 Institutional District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0315, 5-25-04)

Sec. 95-46. - P-1 Park and Recreation District.

This district is intended to provide for areas where open space and recreational needs, both public and private, of the residents can be met without undue disturbance of natural resources and adjacent uses.

(a)

Permitted principal uses.

Botanical gardens and arboretums.

Hiking, biking, and nature trails.

Outdoor skating rinks.

Parks with natural areas and other open space.

Wildlife and plant life preserves.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Buildings accessory to the permitted use.

Essential services.

(c)

Conditional uses.

Amphitheaters, arenas, field houses, and stadiums.

Amusement parks.

Archery ranges.

Boat rentals and boat mooring and access sites.

Campgrounds.

Cellar towers as set forth in section 95-83.

Country clubs, banquet halls, or restaurant facilities associated with a principal recreational use.

Energy conversion systems as set forth in section 95-84.

Exhibition and music halls.

10.

Fairgrounds.

11.

Game farms and game management.

12.

Golf courses, golf driving ranges, and miniature golf.

13.

Gymnasiums, fitness centers, and recreation centers.

14.

Hunting and fishing clubs.

15.

Indoor firearm ranges.

16.

Museums.

17.

Playgrounds and picnicking areas.

18.

Playfields or athletic fields.

19.

Polo fields and riding academies.

20.

Public art galleries and exhibits.

21.

Resorts.

22.

Skate-boarding parks.

23.

Sledding, skiing, tobogganing, and ski resorts.

24.

Swimming beaches and pools.

25.

Basketball, tennis, and volleyball courts.

26.

Utility substations, municipal wells, pumping stations, and municipal towers.

27.

Zoos.

(d)

Minimum lot area and width.

Lots shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading/unloading areas, and all required yards.

Lots in shorelands. See section 95-26.

(e)

Building height. Not to exceed 35 feet.

(f)

Minimum yards.

All yards. Fifty feet from any lot lines or street right-of-way lines.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(h)

Plans and specifications to be submitted to plan commission. To encourage a recreational use environment that is compatible with the neighborhood character, zoning permits for uses allowed in the P-1 Park District shall not be issued without review and approval by the Village of Kewaskum Plan Commission. Said review and approval shall be concerned with, but not limited to, the general layout, building plans, ingress, egress, parking, loading and unloading, landscaping, and open space utilization in accordance with article VIII.

(Ord. No. 2004-04, § 95.0316, 5-25-04)

Sec. 95-47. - C-1 Lowland Conservancy District.

This district is intended to preserve, protect, and enhance the ponds, streams, shoreland-wetland, and non-shoreland-wetland areas of the Village of Kewaskum. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; help prevent flood damage and control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for such use; and protect the water-based recreation resources of the village.

C-1 district boundaries for wetland areas are based on wetland boundaries identified through air photo interpretation as part of the Wisconsin Department of Natural Resources Wetland Inventory. At the time a preliminary plat, certified survey map, or site plan for development not requiring a land division is prepared, wetlands shall be field-identified and the boundaries surveyed and shown on the plat, CSM, or development site plan. The village board may amend the zoning map to revise the C-1 district boundary to match the field-identified wetland boundary at no charge to the property owner.

(a)

Permitted principal uses.

Hiking, fishing, trapping, swimming, snowmobiling, and boating, unless prohibited by other laws or ordinances.

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, and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.

Silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.

Construction and maintenance of fences, including limited excavating and filling necessary for such construction or maintenance.

Existing agricultural cultivation and pasturing provided such activities do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided such activities do not substantially disturb or impair the natural fauna, flora, topography, or water regimen and can be accomplished without filling, flooding, or artificial drainage of the wetland.

Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.

The construction and maintenance of piers, docks, observation decks, walkways, and bicycle and recreational trails provided that no filling, flooding, dredging, draining, ditching, tiling, or excavating is done, except limited filling and excavating necessary for the installation of pilings.

The maintenance, repair, replacement, and reconstruction of existing streets and bridges.

(b)

Conditional uses.

The construction of streets and bridges if necessary for the continuity of the village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses, provided that:

The street cannot, as a practical matter, be located outside the lowland conservancy district;

The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland as listed in subsection 95-188(b);

The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;

The street construction activities are to be carried out in the immediate area of the roadbed only; and

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the street.

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, provided that:

The building cannot as a practical matter be located outside the lowland conservancy district;

The building is not designed for human habitation and does not exceed 500 square feet in area; and

Only limited filling or excavating necessary to provide structural support is conducted.

The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private wildlife habitat areas, provided that:

Any private recreation or wildlife habitat area must be used exclusively for that purpose;

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

Construction and maintenance of streets necessary for permitted uses shall be in accordance with paragraph 1. of this subsection; and

Ditching, excavating, dredging, and dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of wetlands or other natural resources.

The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members provided that:

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the lowland conservancy district; and

Any filling, excavating, ditching, or draining that is to be done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

The construction and maintenance of railroad lines, provided that:

The railroad lines cannot as a practical matter be located outside the lowland conservancy district; and

Any filling, excavating, ditching, or draining that is to be done must be necessary for the construction or maintenance of the railroad lines, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(c)

Prohibited uses.

Any use not listed as a permitted principal use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.

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 water is prohibited.

(d)

Conservancy lands used for meeting lot requirement of adjoining use districts. See section 95-81.

(Ord. No. 2004-04, § 95.0317, 5-25-04; Ord. No. 16-07, § 1, 8-1-16)

Sec. 95-48. - C-2 Upland Conservancy District.

This district is intended to preserve, protect, enhance, and restore all significant woodlands, wildlife habitat area, areas of steep topography, and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the village.

(a)

Permitted principal uses.

Forest management.

Hiking, fishing, and trapping, unless prohibited by other laws or ordinances.

Park and recreation areas.

Preservation of scenic, historic, and scientific areas.

Recreational trails.

Single-family dwellings with a garage on not more than a 20,000 square foot building site, provided that the dwelling shall provide for a minimum disturbance of the natural resource features as determined by the plan commission.

Wildlife and plant life preserves.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Building-mounted solar collectors which do not detract from the appearance of the structure provided that the location of the collector is approved by the plan commission, and a professional engineer certifies that the structure is adequate to support the load.

Essential services.

(c)

Conditional uses.

Clustered residential developments provided that the development shall not exceed a density of one dwelling unit per five acres and shall comply with section 95-52.

Fish hatcheries.

Game farms and game management.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking shall be provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling may be permitted.

Freestanding solar energy systems as set forth in subsection 95-84(b).

Utility substations, municipal wells, pumping stations, and municipal towers.

Earth movements involving the disturbance of more than 10,000 square feet in area on slopes of 12 percent or more, provided that the village plan commission determines that such earth moving is not in conflict with the public interest, will not result in undue negative impact on the natural resource base, and that the plan commission has approved a development plan submitted by the petitioner that will serve to minimize erosion and sedimentation and preserve the natural beauty of the site. The plan commission shall require the applicant to furnish a surety to enable the village to carry out land restoration work in the event of default by the applicant in carrying out the approved operational plan.

(d)

Minimum lot area and width.

Lot area. Not more than a 20,000 square foot building site within a minimum five-acre parcel.

Lot width. Two hundred feet.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. The total minimum floor area shall be 1,400 square feet with a minimum first floor area of 900 square feet.

(f)

Minimum yards.

All yards. Fifty feet from all lot lines and street right-of-way lines.

Shore yard. See section 95-26.

(g)

Tree cutting and shrubbery clearing prohibited. Except for the permitted 20,000 square foot building site and a driveway area, lands lying within the C-2 District shall not be clear-cut of trees, shrubbery, or underbrush. No more than ten percent of the natural vegetation may be removed from a parcel in any one calendar year. Normal pruning, trimming, and shearing of vegetation; removal of invasive, dead, diseased, or insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction.

(h)

Earth movements limited. No fill, excavating, or topsoil removal shall be permitted which involves the disturbance of an area exceeding 10,000 square feet on slopes of 12 percent or more except by the granting of a conditional use permit in accordance with section 95-206.

(i)

Erosion control. See article X.

(j)

Conservancy lands used for meeting lot area requirements of the adjoining use district. See section 95-81.

(k)

Plans and specifications to be submitted to plan commission. Every applicant for a principal use in the C-2 District shall, before a zoning permit is issued, present detailed plans and specifications of the proposed use or structure to the Village of Kewaskum Plan Commission, who will approve said plans only after determining that the proposed use or building will not be contrary to the purpose and intent of the C-2 District.

(Ord. No. 2004-04, § 95.0318, 5-25-04)

Sec. 95-49. - Reserved.

Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-49, which pertained to FW Floodway Regulatory Area, and derived from Ord. No. 2004-04, § 95.0319, adopted May 25, 2004.

Sec. 95-50. - Reserved.

Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-50, which pertained to FC Floodplain-Conservancy Regulatory Area, and derived from Ord. No. 2004-04, § 95.0320, adopted May 25, 2004.

Sec. 95-51. - Reserved.

Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-51, which pertained to UF Urban-Floodplain Regulatory Area, and derived from Ord. No. 2004-04, § 95.0321, adopted May 25, 2004.

Sec. 95-52. - RBT Residential/Business Transition Overlay District.

Application of this overlay district is intended to reflect the village's desire that lands within this district eventually be redeveloped for business uses in accordance with the adopted village comprehensive plan or elements thereof. Accordingly, lands within this district may eventually be rezoned into a business zoning district classification. Existing residential uses may continue, but no new single-family or two-family residential uses should be established. The village will also consider the redevelopment or conversion of existing residential uses or parcels within this district to business uses. Parcels to be developed for business use should be rezoned to a business district. Lands within this district should be reviewed at least once every five years to determine if existing and adjacent development warrants rezoning to a business district.

(a)

Permitted principal and accessory uses. Existing single-family and two-family dwellings and associated accessory uses that existed prior to the adoption date of this Ordinance.

(b)

Conditional uses.

As per underlying basic zoning district.

All existing uses or structures that are extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance. This shall apply to all building construction and improvements, expansions, and/or changes of use or expansion of parking areas. Excepted from this requirement are ordinary maintenance repairs and exterior changes that do not increase the square footage of the building or change the building footprint. Ordinary maintenance repairs include internal and external painting, decorating, and paneling; the replacement of doors, windows, and other nonstructural components; and the maintenance, repair, or replacements of existing sewage systems, water supply systems, or connections to public utilities.

New accessory uses associated with existing single-family and two-family dwellings.

(c)

Prohibited uses. New single-family and two-family dwellings.

(d)

Minimum lot area and width. As per underlying basic zoning district.

(e)

Building height. As per underlying basic zoning district.

(f)

Minimum yards. As per underlying basic zoning district.

(g)

Erosion control. As per underlying basic zoning district.

(Ord. No. 2004-04, § 95.0322, 5-25-04)

Sec. 95-53. - PUD Planned Unit Development Overlay District.

This district is intended to allow, as a conditional use, developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this Ordinance will allow for flexibility in the design of overall developments, with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic use zoning district.

(a)

Permitted uses. All uses shall be conditional upon the determination as to their appropriateness within the context of the village's comprehensive plan or element thereof, their conformance with the provisions of the PUD Overlay District, and subject to such conditions as may be established as part of final plan approval. Any use permitted in an underlying basic use zoning district may be permitted as a conditional use in a planned unit development. Individual structures shall comply with the minimum building floor area and maximum height requirements of the underlying use basic zoning district as applicable to the uses within the structures. All open space and parking requirements of the underlying basic use zoning district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.

(b)

Minimum area requirements. Unless the plan commission makes a finding that it is in the best interest of the village to apply the Planned Unit Development (PUD) Overlay District to a smaller area, including an individual parcel, an area designated as a PUD shall be under single or corporate ownership or control and shall contain a minimum area of:

Principal Uses		Minimum Area of PUD
1.	Residential PUD	3 acres
2.	Business PUD	5 acres
3.	Manufacturing PUD	10 acres
4.	Mixed Compatible Uses	5 acres

(c)

Procedural requirements.

Prepetition conference and general conceptual development plan. Prior to the official submission of the petition for approval of a Planned Unit Development Overlay District, the owner or his agent making such petition shall meet with the village plan commission or its staff to discuss the scope and proposed nature of the contemplated development. At the prepetition conference, the owner or his agent shall present a general conceptual development plan including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development using as a general guideline the requirements set forth in subsection 2.b., of this section.

Petition. Following the prepetition conference, the owner or his agent may file a petition with the village clerk for approval of a Planned Unit Development Overlay District. Such petition shall be accompanied by a review fee, as required by the Village of Kewaskum pursuant to section 95-208, and the following information:

A statement which sets forth the relationship of the proposed PUD to the village's adopted comprehensive plan, or any adopted element thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:

(i)

Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.

(ii)

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

(iii)

A general outline of the organizational structure of a property owner's or management association, which may be proposed to be established for the purpose of providing any necessary private services.

(iv)

Any proposed departures from the standards of development as set forth in the village zoning regulations, other Village regulations or ordinances, or other applicable guidelines.

(v)

The expected date of commencement of physical development as set forth in the proposal.

A detailed development plan including:

(i)

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

(ii)

Existing zoning on the subject property and adjacent properties.

(iii)

The location of public and private streets, driveways, and parking facilities.

(iv)

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

(v)

The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

(vi)

The type, size, and location of all structures.

(vii)

General landscape treatment.

(viii)

Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.

(ix)

The existing and proposed location of public sanitary sewer and water supply facilities.

(x)

The existing and proposed location of all private utilities or other easements.

(xi)

Characteristics of soils related to contemplated specific uses.

(xii)

Existing topography on the site with contours at no greater than two-foot intervals.

(xiii)

Anticipated uses of adjoining lands in regard to streets, surface water drainage, and compatibility with existing adjacent land uses.

(xiv)

Any other data or information requested at the prepetition conference.

Referral to plan commission. The petition for a Planned Unit Development Overlay District shall be referred by the village clerk to the Village of Kewaskum Plan Commission for its review and recommendations, which may include additional conditions or restrictions deemed necessary or appropriate.

Public hearing. The village board shall hold a public hearing pursuant to the requirements of articles XII and XIII. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested Planned Unit Development Overlay District. As soon as is practical following the hearing, the village board shall approve, approve with modifications, or deny the petition.

(d)

Basis for approval of petition. The village plan commission, in making its recommendation, and the village board, in making its determination, shall consider:

That the petitioners for the proposed Planned Unit Development Overlay District have indicated that they intend to begin the physical development of the PUD within 12 months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the village.

That the proposed Planned Unit Development Overlay District is consistent in all respects to the purpose of the section and to the spirit and intent of this Ordinance; that the development is in conformity with the goals, objectives, policies, and recommendations of the adopted village comprehensive plan or any adopted element thereof; and that the development would not be contrary to the general welfare and economic prosperity of the community.

The village plan commission in making its recommendation, and the village board in making its determination, shall further find that:

The proposed site shall be provided with adequate drainage facilities for surface and storm water.

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

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

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

The proposed site shall be provided with adequate public sanitary sewerage and water distribution facilities.

The entire parcel of land to be included in a Planned Unit Development Overlay District shall be held under single ownership, or if there is more than one owner, the petition for such Planned Unit Development Overlay District shall be considered as one lot or parcel, and the legal description must define said PUD as a single lot or parcel and be so recorded with the register of deeds for Washington County.

That the size, quality, and architectural design of all buildings in the project will be compatible with the general character of the village and specifically to the surrounding neighborhood; and that the architectural design, landscaping, control lighting, and general site development will result in an attractive and harmonious development compatible with and not aversely affecting the property values of the surrounding neighborhood.

That in the case of a proposed residential Planned Unit Development Overlay District:

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

The total net residential density within the Planned Unit Development Overlay District will be consistent with and not exceed the intensity and density that would be permitted in the underlying basic zoning district were the planned unit development process not utilized. When the underlying basic zoning district includes more than one residential district, the density for the land occupied by each district shall be calculated and the final maximum density for the planned unit development shall be the sum total of the number of units calculated for each district. The total net residential density within the Planned Unit Development Overlay District shall be compatible with the village comprehensive plan or element thereof.

Where a parcel zoned PUD is located partially within a floodplain and/or a conservancy district, the floodplain and/or conservancy district lands may be used to fulfill the area requirements set forth in subsection (b), above, provided at least 50 percent of the area otherwise required per dwelling unit under the basic district and utilized in the calculation of density is located outside of the floodplain and/or conservancy district in accordance with sections 95-81 and 95-82.

Clustering of residential development is permitted provided that permanent common open space is set aside so that the overall density of development permitted in the underlying basic zoning district is complied with.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

Adequate, continuing fire and police protection is available.

The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, open space deed restrictions or easement restricting such areas against any future building or use except as is consistent with that of providing natural or landscaped open space contributing to the environmental enhancement of the development. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space may be permitted upon approval by the village board.

The village shall have the right to carry out any maintenance in privately reserved open space which it feels necessary, if it is not otherwise taken care of to the satisfaction of the village. The costs of such maintenance may be recouped by the village in the form of an assessment against each property in the planned unit development. The manner of assuring maintenance and assessing such cost to the individual properties shall be determined prior to final plan approval and shall be included in the title to each property.

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

That in the case of a proposed business Planned Unit Development Overlay District:

The proposed development will be adequately served by offstreet parking and truck service facilities.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.

The locations for vehicular entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

That in the case of a proposed manufacturing Planned Unit Development Overlay District:

The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

The proposed development will include adequate provisions for offstreet parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

That in the case of a proposed mixed-use Planned Unit Development Overlay District:

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which, as a total development entity, is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.

(e)

Determination. The village board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a Planned Unit Development Overlay District shall be based upon and include as conditions thereto the building, site, and operational plans for the development as approved by the village board.

(f)

Changes and additions.

Any subsequent change or addition to the plans or uses shall first be submitted for approval to the village plan commission and if, in the opinion of the plan commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the village board shall be required and notice thereof be given pursuant to the provisions of article XIII, and said proposed alterations shall be submitted to the plan commission for review and recommendation, and to the village board for approval.

Without limitations as to the village plan commission's right to determine what constitutes a substantial change, a change from that shown in the approved plan in any of the following respects may be construed to be substantial:

An increase or decrease in the number of dwelling units.

A significant change in the size, value, or type of structure(s).

The addition of any principal uses not previously shown.

A change in the site plan that would significantly alter the relationship of uses or open spaces to adjoining properties.

(g)

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

(Ord. No. 2004-04, § 95.0323, 5-25-04)

Kewaskum Village City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 95-31.- Establishment.

(a)

For the purpose of this Ordinance, the Village of Kewaskum is hereby divided into 16 basic zoning districts as follows:

A-1 Agricultural/Transitional District

RS-1 Single-Family Residential District

RS-2 Single-Family Residential District

RD-1 Two-Family Residential District

RM-1 Multifamily Residential District

B-1 Limited Business District

B-2 Community Business District

B-3 Central Business District

B-4 General Business and Warehousing District

M-1 Limited Manufacturing District

M-2 General Manufacturing District

M-3 Extractive District

I-1 Institutional District

P-1 Park and Recreation District

C-1 Lowland Conservancy District

C-2 Upland Conservancy District

In addition, there is hereby established within the Village of Kewaskum five overlay zoning districts as follows:

FW Floodway Regulatory Area

FC Floodplain-Conservancy Regulatory Area

UF Urban-Floodplain Regulatory Area

RBT Residential/Business Transition Overlay District

PUD Planned Unit Development Overlay District

(b)

The boundaries of floodplain and shoreland areas for lands annexed to the village after January 3, 1989, are as shown on the composite Washington County Shoreland, Wetland, and Floodplain Zoning Map.

(c)

(d)

[Reserved.]

(e)

(f)

(g)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(h)

(Ord. No. 2004-04, § 95.0301, 5-25-04; Ord. No. 16-07, §§ 1, 2, 8-1-16)

Sec. 95-32. - Zoning map.

(Ord. No. 2004-04, § 95.0302, 5-25-04)

Sec. 95-33. - A-1 Agricultural/Transitional District.

(a)

Permitted principal uses.

General farming, including agriculture, dairying, floriculture, horticulture, forestry, grazing, hay, nurseries, orchards, stables, truck farming, and viticulture (grape growing).

The keeping and raising of hogs is prohibited.

Not more than one head of livestock or 20 head of poultry shall be permitted for each one acre.

General farm buildings including barns, silos, sheds and storage bins intended for permitted agricultural uses and sized to meet demonstrated agricultural needs.

Existing dwellings not accessory to any farm operation or dwellings remaining after consolidation of farms.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Farm dwellings for those resident owners and laborers actually engaged in one or more of the activities listed as permitted principal uses.

Essential services.

(c)

Conditional uses.

Seasonal establishments selling fruits, vegetables, and selected farm products.

Energy conversion systems as set forth in section 95-84.

Fish hatcheries.

Game farms and game management.

Veterinarian services.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Five acres.

Lot width. Two hundred feet.

(e)

Building height. No farm dwelling or parts of a dwelling shall exceed 35 feet in height.

(f)

Minimum yards.

All yards. Fifty feet from all lot lines and street right-of-way lines.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0303, 5-25-04)

Sec. 95-34. - RS-1 Single-Family Residential District.

This district is intended to provide for single-family residential development at densities not exceeding 4.4 dwelling units per net acre, and served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Single-family dwellings with a garage.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Freestanding solar energy systems as set forth in section 95-4.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Ten thousand square feet.

Lot width. Seventy-five feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,200 square feet with a minimum first floor area of 750 square feet.

(f)

Minimum yards.

Street yard. Thirty feet.

Side yard. An aggregate of 15 feet, with no single side yard less than seven feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0304, 5-25-04)

Sec. 95-35. - RS-2 Single-Family Residential District.

This district is intended to provide for single-family residential development at densities not exceeding 6.1 dwelling units per net acre, and served by municipal sewer and water facilities.

(a)

Permitted principal uses.

Single-family dwellings with a garage.

Existing two-family dwellings provided the two-family structure existed as of April 1, 1978.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74. Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Freestanding solar energy systems as set forth in section 95-84.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Seven thousand two hundred square feet.

Lot width. Sixty feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,000 square feet with a minimum first floor area of 600 square feet.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. An aggregate of 15 feet with no single side yard less than seven feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0305, 5-25-04)

Sec. 95-36. - RD-1 Two-Family Residential District.

(a)

Permitted principal uses.

Two-family dwellings with a garage.

Single-family dwellings with a garage.

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Family day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Conversion of a single-family dwelling into a two-family dwelling provided that:

The structure was in existence as of April 1, 1978; and

Each dwelling unit shall meet the minimum floor area requirements for the RD-1 District.

Bed and breakfast establishments provided that: no more than four bedrooms are rented; adequate off-street parking and access to the parking is provided; no meals other than breakfast are served to only renters of the establishment; individual rental shall not exceed seven consecutive days in length; no retail sales, other than arts or crafts, shall occur; the owner shall reside in the establishment; no bedrooms shall be permitted to be in an accessory structure; all requirements set forth in § 254.74, Wis. Stats., and ch. HFS 197, Wis. Adm. Code, shall be fully complied with; and necessary state permits and licenses have been secured. One exterior advertising sign, not exceeding four square feet in area and mounted flush against the dwelling, may be permitted.

Freestanding solar energy systems as set forth in section 95-74.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for nine or more persons.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Minimum lot area and width.

Lot area. Twelve thousand square feet.

Lot width. Ninety feet.

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Not less than a total of 1,000 square feet per unit, with a minimum first floor area of 600 square feet per unit.

(f)

Minimum yards.

Street yard. Twenty-five feet.

Side yard. An aggregate of 20 feet, with no single side yard less than eight feet.

Rear yard. Twenty-five feet.

Shore yard. See section 95-26.

(g)

Erosion control. See article X.

(Ord. No. 2004-04, § 95.0306, 5-25-04)

Sec. 95-37. - RM-1 Multifamily Residential District.

(a)

Permitted principal uses.

Multifamily dwellings.

Two-family dwellings.

Community living arrangements, and community-based residential facilities (CBRF), having a capacity for 15 or fewer persons, subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

Foster family homes.

Foster day care homes.

(b)

Permitted accessory uses. Permitted accessory uses shall comply with the requirements of section 95-74 and may also include the following:

Private garages and carports.

Essential services.

(c)

Conditional uses.

Community living arrangements and community-based residential facilities (CBRF) which have a capacity for 16 or more persons.

Housing for the elderly not exceeding 22 units per net acre.

Rest homes, nursing homes, clinics, and children's nurseries provided that all principal structures are not closer than 50 feet to a lot line.

Conversion of a single-family dwelling into a two-family dwelling provided that:

The structure was in existence as of April 1, 1978; and

Each dwelling unit shall meet the minimum lot and floor area requirements for two-family dwellings under the RM-1 District.

Freestanding solar energy systems as set forth in section 95-84.

Utility substations, municipal wells, pumping stations, and municipal towers.

(d)

Lot area and width.

Minimums. Lots shall be no less than 12,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

Dwelling Type	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)
Two-family	12,000	90
Multifamily, efficiency and one-bedroom	2,000 per unit	100
Multifamily, two-bedroom	3,000 per unit	100
Multifamily, three-bedroom or more	3,500 per unit	100

Lots in shorelands. See section 95-26.

(e)

Building height and area.

Height. Not to exceed 35 feet.

Floor area. Floor area as follows:

Dwelling Type	Minimum Floor Area (sq. ft.)
Two-family	900 per unit; 1,800 per building
Multifamily, efficiency	450 per unit
Multifamily, one-bedroom	500 per unit
Multifamily, two-bedroom	650 per unit
Multifamily, three-bedroom or more	800 per unit

(f)

Minimum yards.

Street yard. Thirty feet.

Side yard. Side yard as follows:

Dwelling Type	Aggregate Side Yard (feet)	Minimum Single Side Yard (feet)
Two-family	20	8
Multifamily, 3—4 units	30	15
Multifamily, 5—8 units	40	20
Multifamily, 9 or more units	50	25