A.

For the purpose of this title the village of Kohler is divided into the following use districts:

1.

R, residential district;

2.

C, commercial district;

3.

I, industrial district;

4.

FO, farm and open space conservation district;

5.

PUD, planned unit development district.

B.

Boundaries of these districts are established as shown on the map entitled "Official Zoning Map of the Village of Kohler, Wisconsin," which accompanies and is part of the ordinance codified in this title and is set forth at the end of this title. Such boundaries 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.

C.

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.

D.

Annexations to or consolidations with the village subsequent to the effective date of the ordinance codified in this title shall be placed temporarily in the farm and open space conservation district unless the annexation ordinance places the land in another district.

(Ord. 81-3 § 1 (part), 1981)

A.

A certified copy of the zoning map shall be adopted and approved with the text as part of the ordinance codified in this title and is set forth at the end of this title, and shall bear upon its face the attestation of the village clerk and shall be available to the public in the office of the village clerk.

B.

Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.

(Ord. 81-3 § 1 (part), 1981)

The R residential district is intended to establish basic standards for residential uses in the village of Kohler. This district provides the opportunity to develop a mix of residential uses developed in conformance with the village master plan. All uses are subject to review and approved by the village in accordance with Chapter 20.24.

(Ord. 2007-4 § 1 (part), 2007: Ord. 2005-8 § 1, 2005; Ord. 2005-1 § 1, 2005; Ord. 2001-1 § 1, 2001; Ord. 94-10 § 1, 1994; Ord. 88-4 § 1, 1988; Ord. 81-3 § 1 (part), 1981)

A.

Single-family Detached Dwelling. A single-family residence on an individual lot with private yards on all four sides of the house.

1.

Lot area minimum, six thousand (6,000) square feet;

2.

Minimum lot area average, eight thousand (8,000) square feet;

3.

Maximum building coverage, thirty-five (35) percent;

4.

Minimum yards, front, twenty (20) feet; side, ten (10) feet; rear, twenty (20) percent lot depth;

5.

Minimum lot width at setback, fifty (50) feet;

6.

Maximum building height, forty (40) feet or two and one-half stories.

When duplex dwellings and/or three-family and four-family dwellings are to be mixed with single-family detached dwellings, not less than seventy (70) percent of the lots in a project area shall be used for single-family detached dwellings.

B.

Duplex Dwelling. A structure containing two dwelling units with only one common partition with another dwelling unit.

1.

Lot area minimum, four thousand (4,000) square feet per dwelling unit;

2.

Minimum lot area average, eight thousand (8,000) square feet;

3.

Maximum impervious surface ratio, forty (40) percent;

4.

Minimum yards, front, twenty-five (25) feet; side, ten (10) feet; rear, twenty (20) percent lot depth; except that no side yard shall be required for the common wall side when the dwelling units are owned by different owners;

5.

Minimum lot width at setback, fifty (50) feet;

6.

Maximum building height, forty-five (45) feet or three stories.

C.

Three-Family and Four-Family Dwelling. A structure containing three to four single-family dwelling units attached with at least one partition in common with another dwelling unit.

1.

Lot area minimum, two thousand four hundred (2,400) square feet per dwelling unit;

2.

Average minimum lot area per building, ten thousand (10,000) square feet;

3.

Maximum floor area, forty-five (45) percent;

4.

Maximum impervious surface ratio, forty (40) percent;

5.

Minimum yards, front, twenty-five (25) feet; side, ten (10) feet; rear, thirty-five (35) feet;

6.

Minimum building spacing, twenty-four (24) feet;

7.

Maximum building height, forty-five (45) feet or three stories;

8.

Minimum street frontage, seventy (70) feet.

D.

Schools, Government Uses.

E.

Churches.

F.

Daycare Centers.

G.

Cemeteries as indicated on the adopted village master plan.

H.

Home Occupations. Occupations in residential dwellings are permitted as long as such home occupation is a gainful occupation conducted by members of the family only, within their place of residence; provided, that:

1.

The area used for such occupation does not exceed twenty-five (25) percent of the total residential floor area, (even though garage areas may be utilized, they shall not be included in calculating the maximum floor area restriction);

2.

No article or service is sold or offered for sale on the premises except that produced by the occupation;

3.

No stock in trade is kept or sold;

4.

No mechanical equipment is used other than such as is permissible for office or domestic purposes;

5.

No sign, other than one unlighted name plate on the dwelling (the sign not being more than one square foot in area) may be installed or otherwise displayed; and

6.

No person other than a member of the immediate family living on the premises is employed.

I.

Accessory Buildings. Accessory buildings which are not part of the principal building shall not be nearer than three feet to any lot line, shall be so located to have alternate side lot lines in the area clear of such buildings, and shall comply with the following additional limitations:

1.

In addition to the principal building, the maximum number of accessory buildings on any lot shall be one detached garage, one detached doghouse or kennel, and one additional accessory building, such as a storage shed or gardening shed;

2.

All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building;

3.

All detached accessory buildings which are located forward of the rear building line of the principal building shall satisfy the same yard requirements as the principal building;

4.

Accessory buildings shall not be occupied as dwelling units, except as provided in Section 20.08.040(B), of the code, and the conduct of any business, trade, or industry in accessory buildings shall be prohibited, with the exception of home occupations as defined in Section 20.12.030(H);

5.

All accessory buildings must have a footing or slab on grade;

6.

All accessory buildings are subject to the review and approval of the village plan commission;

7.

All shared garages must have only one uniform roof height and the identical front setback;

8.

The maximum allowable size of all accessory buildings shall depend on the type of building, and shall be as follows:

a.

Detached single garage: eight hundred sixty-four (864) square feet,

b.

Detached shared garage: one thousand one hundred fifty-two (1,152) square feet,

c.

Additional storage building or shed: one hundred sixty (160) square feet,

d.

Doghouse or kennel: seventy-two (72) square feet;

9.

The maximum height of all accessory buildings shall depend on the type of building, and shall be as follows:

a.

Detached garages: one single-story, as defined by the Uniform Dwelling Code, with a maximum eave height of twelve (12) feet, and a maximum overall garage height not to exceed the height of the principal structure,

b.

Additional storage building or shed: ten (10) feet;

10.

No accessory building, or any part thereof, shall be built, enlarged, altered, moved, or demolished within the village unless a building permit shall first be obtained. For all new accessory buildings or projects in which dimensional changes are made to accessory buildings, a complete set of plans and specifications shall be submitted to the building inspector, including a site plan showing the location of the proposed accessory building or addition with respect to adjoining streets, alleys, lot lines, and buildings.

J.

Fences. Any fence, wall, trellis, railing, or similar barrier (hereafter "fence") shall comply with the following:

1.

Maximum Height: Three and One-half Feet. Fences may not be placed on a berm or retaining wall, or similarly constructed so as to raise the fence height more than three and one-half feet above the final average lot elevation. The plan commission may approve fences that exceed the herein maximum height in the following cases:

a.

For swimming pool safety and security,

b.

On boundaries between a residential district and a different zoning district,

c.

For agricultural purposes within a residential district;

2.

Placement. Fences shall be placed no closer to a street than the nearest line of a main building on any side thereof, nor be maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, nor be of such a nature as to create a hazardous condition;

3.

Type. No barbed wire or electric fences are permitted;

4.

Plan Review. A fence is a structure, and therefore, subject to the permit application, review, and approval process of Chapter 20.24 of this code. A plat of survey, prepared by a registered land surveyor authorized to practice land surveying within the state of Wisconsin, shall be submitted with all building permit applications for the construction of new fences. Fence support posts or structures shall be located on the owner's side of the fence so that the solid or "good side" of the fence is facing adjacent properties;

5.

Maintenance. Maintenance of all fences shall be the continuing obligation of the owner of the property. Fences shall be painted or stained neutral colors. Any broken, rotten, or deteriorating boards or other fence material shall be repaired or replaced.

K.

Private Swimming Pools.

1.

No private swimming pools shall be located in any street or side yard.

2.

Minimum setback from any property line: Thirty-five (35) feet.

3.

Construction and fencing shall comply with Chapter 18.12 of this code.

(Ord. 2007-4 § 1 (part), 2007)

(Ord. No. 2009-4, § 1, 6-15-2009)

A.

Bed and Breakfast.

B.

Boardinghouses.

(Ord. 2007-4 § 1 (part), 2007)

(Ord. No. 2021-1(11-15-2021), § 1, 11-15-2021)

A.

The C commercial district is intended to allow the grouping of compatible commercial land uses that are consistent with the village of Kohler master plan.

B.

Uses Allowed. Retail stores, service and professional offices, clinics, wholesale trade, mini-warehouses, service businesses, eating and drinking establishments, private recreation facilities, hotels and motels, government and institutional uses, and similar uses; dwelling units above the first floor; hospices.

1.

Minimum lot area, ten thousand (10,000) square feet;

2.

Minimum lot width, eighty (80) feet;

3.

Minimum yards, established by plan review;

4.

Maximum building height, three stories, or fifty (50) feet;

5.

Parking requirements, refer to Chapter 12.16.

C.

Required Buffer. Where the C commercial district abuts or adjoins along a streetline opposite a residential district, a buffer yard of not less than fifteen (15) feet shall be provided. Plant materials of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted within the buffer yard.

(Ord. 81-3 § 1 (part), 1981)

A.

Purpose. The CP planned commercial district is intended to accommodate the retail and service needs of the greater community through the development of large parcels with compatible commercial land uses, while allowing for variations in the relationship of uses, structures and open spaces.

B.

Minimum Requirements. The CP district shall apply only to a parcel of at least ten (10) acres of undeveloped land, which has rational boundaries that are related to natural features, roadways or other existing development.

C.

Permitted Uses. The following are permitted uses in the CP Planned Commercial District:

1.

Any permitted use allowed in the FO, Farm and Open Space Conservation District, as provided by Section 20.12.060 of this Code.

2.

Passive Outdoor Recreation. Passive, outdoor, recreational land uses such as arboretums, natural areas, wildlife areas, hiking trails, bicycle trails, cross country ski trails, horse trails, picnic areas, gardens, fishing and hunting areas, and similar land uses.

D.

Special uses.

1.

Retail stores;

2.

Service and professional offices;

3.

Service businesses;

4.

Eating and drinking establishments;

5.

Recreation and entertainment facilities;

6.

Hotels and motels;

7.

Institutional uses;

8.

Uses deemed similar in character and intensity to those specified in subsections (D)(1) through (D)(7) of this section. The plan commission shall make a recommendation for such a use, following an application. The village board may accept or reject the recommendation of the plan commission.

E.

Lot, Building and Yard Requirements.

1.

In the CP district all density, open space, impervious surface, lot size, building location, number of buildings per lot, building size, lot width, yard and height requirements and signage and lighting shall be approved as part of the special use; provided, that the general intent of this chapter is upheld.

2.

All items listed in subsection (E)(1) of this section which are made part of a special use approval shall be enforced as a part of this chapter.

3.

In a CP district, lots may front on a private or public street or road or may be served by easements, if approved as part of the special use. Each lot in the development, however, must have access to a public street and each building thereon must connect to municipal sewer and water service.

F.

Miscellaneous Requirements.

1.

Visibility, parking and loading requirements. Refer to Chapter 20.16.

2.

Performance standards, including stormwater, common open space and buffer yards and screening. Refer to Chapter 20.20.

G.

Special Use Procedure.

1.

Application for a special use shall be filed with the zoning administrator and shall include the following information:

a.

Name and address of the applicant and owner of the site, and, if known, the name and address of the architect, professional engineer or contractor;

b.

Identification of the subject site by lot, block and recorded subdivision, or by metes and bounds description;

c.

Description of the existing and proposed use or operation, including a description of the proposed number of employees and hours of operation;

d.

Description of adjacent land uses and zoning classifications;

e.

Building elevations and exterior architectural drawings, including enough detail to show the proposed building style, exterior materials and colors;

f.

Site plans drawn to scale showing:

i.

The natural features of the site, including water bodies, wetlands, tall trees with trunks greater than four inches in diameter, existing drainage patterns and topography in two foot intervals,

ii.

The location and dimensions of the proposed structures in relation to street or road lines,

iii.

The location, dimensions, arrangement and capacity of all open spaces and yards,

iv.

The location, dimensions, arrangement, and capacity of all areas used for vehicle access, off street parking, off street loading and unloading, including methods for screening,

v.

Building footprint, open space and impervious surface ratios;

g.

Site and erosion control plans, including storm water drainage calculations;

h.

Survey;

i.

Signage and lighting plans;

j.

Any request for phasing the development;

k.

Landscape plans;

l.

Utility plans;

m.

Agreements, by-laws, provisions, or covenants governing the use, maintenance and continued protection of the site;

n.

Other information deemed necessary by the zoning administrator, plan commission or village board, to fully assess the impact of the proposed special use;

o.

Fee in the amount of five hundred dollars ($500.00);

p.

Professional Services. The village may engage professional services to review an application, when it is deemed necessary. Any expense incurred shall be reimbursed by the applicant. The village may also require that plans submitted for review be certified by an architect, site plan engineer or other appropriate professional.

2.

Procedure.

a.

The zoning administrator shall transmit all complete applications for special uses to the plan commission. The plan commission shall accept the applications at or before their next regularly scheduled meeting and set a public hearing date, not later than sixty (60) days after filing of the application.

b.

Not less than fifteen (15) days prior to the hearing date, the plan commission shall notify landowners within the village, within five hundred (500) feet of a proposed special use. Notification shall be via U.S. mail. Notice shall also be posted at the Village Hall bulletin board fifteen (15) days prior to the hearing date and, published as a Class 2 notice in the official newspaper.

c.

The village plan commission shall review the application and within ten (10) days after the public hearing, send a recommendation to the village board that the special use, as requested, be granted, modified or denied.

d.

Within thirty (30) days of the date of the plan commission recommendation, the village board shall exercise final approval authority and take final action to approve, conditionally approve or deny the application.

e.

The time limits specified above may be extended by agreement between the applicant and the plan commission and/or village board.

3.

Conceptual Review. The applicant may have a conceptual review by the plan commission prior to filing a complete special use application, without fee.

4.

Basis for Approval.

a.

The village board shall base its determination on the potential effect of such special use on the health, general welfare, safety and economic base of the village and the immediate neighborhood. Specific consideration shall be given to the following factors: effect of the proposed special use on the tranquility of the village; effect on the amount and movement of traffic; sufficiency of parking; protection of the environment; promotion of village aesthetics (particularly uniformity of architectural design and signage); intensity of the proposed use; demand on village services, including police and fire protection, the water supply, sanitary sewer and stormwater drainage systems; preservation of open space; and precedent for future development.

b.

The village board may deny the special use if, based upon the information submitted, it concludes:

i.

The special use will not be designed, located and operated in a manner so that the public health, safety and welfare is protected;

ii.

The use, value or enjoyment of other property in the neighborhood will be substantially impaired or diminished by the establishment, maintenance or operation of the special use;

iii.

Adequate measures have not been or will not be taken to provide safe and convenient pedestrian and vehicular access;

iv.

The special use will not be designed, located and operated in a manner consistent with the master plan or other officially adopted plans and relevant ordinances of the village, with particular reference to subsection (G)(4)(a) of this section.

c.

The village board may grant the special use with specific conditions.

H.

Issuance of Special Use Upon Approval.

1.

A special use shall be issued to the applicant, stating the official action of the village board and that a copy shall be filed in its office and in the offices of the zoning administrator and building inspector, and referred to for enforcement or modification requests.

2.

A special use shall expire in twelve (12) months after filing in the office of the zoning administrator unless substantial work has commenced on the development. This time period may be extended by the village board at the applicant's request.

3.

If the special use is denied, the village board shall state its reasons for disapproval in writing and provide this to the applicant via U.S. mail and file a copy in its office and in the office of the zoning administrator.

I.

Modifications.

1.

Subsequent major changes to an approved special use may be approved in accordance with the special use procedure set forth above.

2.

Subsequent changes to an approved special use, deemed to be minor by the village board, may be approved by the village board without referral to the plan commission and without public hearing.

J.

Subsequent Approvals.

1.

When an applicant applies for a successive special use, the zoning administrator may eliminate the requirement to submit materials which were previously filed and which are still current or which are otherwise deemed unnecessary. The zoning administrator may waive the filing fee.

2.

If a special use has previously been issued and a new applicant wishes to apply for a special use at the same location and for the same use, the special use may be administratively amended by the zoning administrator to identify the new operator.

3.

If a special use has previously been issued and a new applicant wishes to apply for a special use at the same location, but for a different use, the special use may be granted only if the criteria set forth in this chapter are met.

K.

Termination. Where a special use does not continue in conformity with the conditions of the original approval, or where there is a change in the nature, character or extent of the special use, or for similar cause based upon consideration of the criteria in Subsection (G)(4)(a) of this section, the special use may be terminated by the village board, after due notice and public hearing thereon.

L.

Conflict. Any conflict or inconsistency between the provisions of the CP district and other provisions of the zoning ordinance shall be resolved by giving the provisions of the CP district full force and effect.

(Ord. 2000-6 § 1, 2000; Ord. 99-14 § 1 2000)

(Ord. No. 2017-1, § 1, 10-16-2017)

A.

The I industrial district is intended to provide appropriate areas within the village for industrial and related activities that will strengthen the village's economic base and not create conflicts with other land uses.

B.

Uses Allowed.

1.

Manufacturing, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textiles, clays and wood, and similar materials;

2.

Freight terminals, warehousing, and inside storage;

3.

Research facilities;

4.

Offices and day care centers;

5.

Any similar uses not specifically listed that can comply with the performance standards listed in Chapter 20.20:

Lot area minimum, twenty thousand (20,000) square feet,

Lot width minimum, one hundred (100) feet;

6.

Mobile service support structures and facilities (as defined in Section 20.50.040) as a special use provided they meet the requirements of, and obtain a permit pursuant to Chapter 20.24 (Plan Review) and Chapter 20.50 (Mobile Tower Siting and Collocation) of this code.

(Ord. 2007-12 § 1, 2007; Ord. 81-3 § 1 (part), 1981)

(Ord. No. 2022-3, § 1, 11-10-2022)

A.

This district is intended to promote the open space and recreational use of lands which have been identified as important farmlands and lands being environmentally sensitive.

B.

Uses Allowed. Preservation of scenic, historic, and scientific areas, forestry and wildlife management, farming and other agricultural activities, farm-related dwellings, stables, outdoor recreational areas and facilities; government uses; schools; conservation and hunting clubs, golf courses and club houses; and similar activities.

C.

Height and Yard Limitations. No structure shall exceed one hundred feet in height nor be closer to any lot line than a distance equal to one-half the height of the structure.

D.

Environmental Standards. Refer to Section 20.20.110.

(Ord. 81-3 § 1 (part), 1981)

A.

The planned unit development district is established to promote improved environmental design and innovative uses of land in the village. To this intent, this district allows variation in the relationship of uses, structures, and open spaces in developments conceived and implemented as cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, energy efficiency, and community appearance consistent with the overall intent of this title and the master plan of the village.

B.

Minimum Requirements for PUD District Designation. All projects considered for rezoning to the PUD district shall meet the following minimum requirements:

1.

The project shall involve more than one structure and/or a mix of land uses.

2.

The project area shall be at least five acres and have rational boundaries that are related to natural features, roadways, or other existing development.

C.

Permitted Uses. Any land use or mix of land uses, whether permitted elsewhere in this title or not, may be permitted in the PUD district.

D.

Lot, Building, Yard, Parking and Street Requirements.

1.

In the planned unit development district, all density, open space, impervious surface, lot width, yard, height, and parking requirements may be varied provided that the general intent of this title is upheld.

2.

Streets may be less than fifty (50) feet wide if approved by the village board.

3.

Such requirements as are made a part of an approved general development plan or specific implementation plan shall be construed to be and enforced as a part of this title.

4.

In a planned unit development, lots may front on a private road or may be served by easements if that best serves the specific implementation plan. Each lot in the development, however, must have access to a public street, and in areas of sewer and water service, must have access to said sewer and water by easement.

5.

The R residential district fence regulations as set forth at Section 20.12.030(J) of this chapter shall apply within the PUD planned unit development district. In addition, the plan commission may approve fences that exceed the maximum height limitation of three and one-half feet within a PUD, planned unit development district, between residential land uses and different types of land uses.

E.

PUD Procedures. Step 1: General Development Plan Approval. The procedure for rezoning to the planned unit development district shall be the same as for any other zoning district change (as set forth in Chapter 20.32) except that in addition, a general development plan shall be submitted to the plan commission. The general development plan of the proposed project shall be presented at a scale of one inch equals one hundred (100) feet or less, and shall show at least the following information:

1.

The pattern of public and private roads, driveways, and parking facilities;

2.

A description of land uses and building types, size, arrangements;

3.

A utility feasibility analysis;

4.

The location of recreational and open space areas reserved or dedicated to the public;

5.

General landscape treatment;

6.

The plan for phasing the development;

7.

Any other data required by the village plan commission or board.

Upon final approval and adoption of the zoning change to the planned unit development district, all plans submitted as well as other commitments, restrictions, and other factors pertinent to assuring that the project will be carried out as presented, shall be filed with the zoning administrator and shall be referred to in regard to enforcement or modification of the development plans.

F.

Criteria for Approval. As a basis for determining the acceptability of application for rezoning to the planned unit development district, the following criteria shall be applied to the proposed general development plan:

1.

The proposed development shall be an asset to the community aesthetically. The buildings and uses shall blend in with or complement the surrounding neighborhood.

2.

The proposed development shall not create a traffic or parking demand incompatible with existing or proposed facilities. The width and location of streets, other paving and lighting should be appropriate to the uses proposed. In no case shall standards be less than those necessary to insure public safety as determined by the village.

3.

The proposed development shall not place avoidable stress on the village's water supply, sanitary sewer, and stormwater drainage systems.

4.

The proposed development shall make adequate provisions for the permanent preservation and maintenance of open space.

Step 2: Specific Implementation Plan Approval. Specific implementation plan approval may be requested in phases that coincide with the timing of actual development. Specific implementation plan approval shall be granted in compliance with the requirements of Chapter 20.24.

Upon final approval of the specific implementation plans, they shall be filed with the zoning administrator and shall be referred to in regard to enforcement or modification of the development plans. All covenants, restrictions, or contractual agreements with the village shall be recorded with the register of deeds before final issuance of building permits.

G.

Modifications. Any subsequent minor change of use of any parcel of land or addition or modification of any approved PUD plans shall be approved in accordance with Chapter 20.24. Major changes to the general development plan shall be approved in accordance with Chapter 20.32.

(Ord. 2006-2 § 1, 2006; Ord. 81-3 § 1 (part), 1981)