The purpose of this article is to indicate which types of land uses may locate in each standard zoning district.

(Ord. No. 16-07, 6-20-2016)

The allowable land uses for each standard zoning district established in Article II are listed in figures 520-17 and 520-18. ^[2] Article IV contains detailed descriptions and performance standards for the land uses listed in these figures. No land use is permitted or permissible on a property unless it can be located or implemented on that property in full compliance with all applicable provisions of this chapter, unless a variance has been granted pursuant to section 520-126.

A.

Land uses permitted by right. Land uses listed as permitted uses (designated by the letter "P" in figures 520-17 and 520-18) are permitted by right, subject to all applicable requirements of this chapter and other regulations.

B.

Land uses listed as conditional uses. Land uses listed as conditional uses (designated by the letter "C" in figures 520-17 and 520-18) are allowed only by conditional use permit, subject to the procedures in section 520-121, other applicable requirements of this chapter, and other applicable regulations. Uses listed in these figures as conditional uses that were legal land uses (permitted or conditional) prior to the effective date of this chapter shall not require a new conditional use permit so long as any previously approved conditions of use and site plan are followed. Any substantial modification of such use or from the previously approved condition of such use, in the determination of the zoning administrator, shall require application and village consideration of a new conditional use permit under section 520-121.

C.

Temporary land uses. Temporary land uses (designated by the letter "T" in figures 520-17 and 520-18) are allowed on a temporary basis subject to temporary use approval requirements in section 520-122.

D.

Unlisted land uses.

(1)

For land uses that do not appear to be encompassed by a land use category listed in figures 520-17 and 520-18, the zoning administrator is authorized to determine that such an "unlisted" land use has the same permitted-by-right, conditional, temporary, or prohibited status of a listed land use category in a certain zoning district, based on evaluation of how the unlisted use compares to a listed land use category using the following factors:

(a)

The relative characteristics of the unlisted land use, including equipment, processes, and employment density for business uses and population density and scale for residential uses.

(b)

The relative amount of site or building area devoted to the unlisted land use, and the relative size, scale, and density of the use.

(c)

The relative type and amounts of activity, as measured by traffic, loading, sales, customer type, products or services produced or sold, hours of operation, and other reasonably objective factors.

(d)

The relative performance of the different land use standards in this chapter, such as noise, odors, lighting, and signage.

(e)

Any allowances or limitations under applicable Wisconsin Statutes.

(2)

Prior to making such a determination, the zoning administrator may seek a recommendation from the plan commission.

E.

Multiple land uses in single building or on single lot. Where, in the determination of the zoning administrator, multiple land uses are proposed or in existence within a single building and/or on a single lot, he or she shall first make a determination whether each such use is a principal use or an accessory use. All principal uses sharing a single building and/or a single lot must be listed as either a permitted land use or a conditional land use in the associated zoning district, except in the case of legally established nonconforming uses under article XIV. If any such uses are listed as a conditional use, they shall be subject to the associated procedure requirements in section 520-121.

(Ord. No. 16-07, 6-20-2016)

A.

Allowable land uses (per article III). Allowable land uses are stated in figures 520-17 and 520-18. ^[3] Allowable uses shall be subject to the use regulations applicable to all land uses in this section and those applicable to the individual uses established in article IV.

B.

Density, intensity, and bulk regulations (per article V). Structures and site development shall comply with the density, intensity, and bulk regulations in Figures V(1), V(2), V(5) and V(6) ^[4] and shall be subject to the general density, intensity, and bulk regulations of article V.

C.

Overlay district requirements (per articles VI through IX). All lots, uses, structures, and site features within one or more overlay zoning districts shall be subject to applicable overlay zoning district requirements in articles VI through IX in addition to those of the underlying standard zoning district.

D.

Building and site design standards (per article X). Land uses and development shall conform to applicable building and site design requirements of article X. Agricultural uses and structures associated with them are exempt from these requirements.

E.

Landscaping and preservation standards (per article XI). Land uses and development shall conform to applicable landscaping and preservation requirements of article XI. Except for requirements specifically required for particular land uses under IV, agricultural uses and structures associated with them are exempt from these requirements.

F.

General performance standards (per article XII). Land uses and development shall comply with applicable performance standards of article XII. Except where the application of performance standards in article XIV is specifically made applicable to agricultural and/or single- and two-family residential uses in this chapter, such as via the listing of such use in article IV, agricultural and single- and two-family residential uses and structures associated with them are exempt from these requirements.

G.

Signs (per article XIII). All signs shall comply with applicable provisions of article XIII.

H.

Nonconforming and substandard lots, uses, structures, and sites (per article XIV). Any nonconforming or substandard situation shall comply with the requirements of article XIV.

I.

Procedural regulations and requirements (per article XV). All new and expanded uses and development of land shall comply with all applicable requirements of article XV, pertaining to the procedures to secure approval of the land use and/or development.

J.

Site plan review required. All development activities or uses of land that result in construction, reconstruction, exterior remodeling, or expansion of structures, parking lots, loading areas, or outdoor storage areas are subject to site plan approval under section 520-124, except for the following activities, uses, and structures:

(1)

Single-family detached residence and two-family residence structures. Before a community living arrangement land use may be established in any residence, site plan approval shall be required.

(2)

Agricultural uses and structures associated with them, such as barns and silos.

(3)

Accessory structures or improvements which, in the opinion of the zoning administrator, do not warrant site plan approval due to their insignificance on the landscape and to surrounding properties.

K.

Number of principal buildings per lot. More than one principal building is allowed on any one lot, but only by conditional use permit in any RR or SF district.

L.

Principal use to precede accessory use or structure. No accessory structure or use shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise allowed in this chapter.

M.

Utility connections to principal buildings for human habitation. All principal buildings used for human habitation shall be provided at all times with functional connections to water, sanitary sewer, and electrical utilities. Where public water utility service is not available to an area in the determination of the village public works director, connection to a functioning private well in accordance with Wis. Adm. Code ch. NR 812, shall suffice. Where sanitary sewer service is not available to an area in the determination of the village public works director, connection to a functioning private on-site wastewater treatment system approved by the county shall suffice. The installation of holding tanks in the village shall not be permitted, except in one of the following circumstances:

(1)

As a replacement on a property where there was a legal holding tank as of the effective date of this chapter.

(2)

As a new system or a replacement system for a private on-site wastewater treatment system if the Marathon County Conservation, Planning and Zoning Department determines that the property is unsuitable for any other type of private on-site wastewater treatment system, including a conventional or mound system.

(Ord. No. 16-07, 6-20-2016)

Figure 520-17, Allowable Uses in Rural, Open Space and Residential Zoning Districts, is included as an attachment to this chapter, and can be found at the end of this chapter.

(Ord. No. 16-07, 6-20-2016)

Figure 520-18, Allowable Uses in Nonresidential and Mixed-Use Zoning Districts, is included as an attachment to this chapter, and can be found at the end of this chapter.

(Ord. No. 16-07, 6-20-2016)