LAND USE DESCRIPTIONS AND STANDARDS
A.
Article IV includes descriptions and performance standards for the land use types listed in figures 520-17 and 520-18 as permitted, conditional, or temporary uses in at least one standard zoning district. Where provided, performance standards shall be met as part of the establishment, expansion, and operation of land uses within the corresponding land use type.
B.
While the number of parking spaces for each land use type is provided in this article, other specifications for parking lots and spaces are provided in section 520-88.
(Ord. No. 16-07, 6-20-2016)
A.
Single-family detached residence.
(1)
A single-family detached residence is a dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) (see Wis. Adm. Code chs. 320 through 325), or by federal law may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home that has received a federal manufactured housing certificate label. Mobile homes that have not received a federal manufactured housing certificate label are not included within the single-family detached residence land use type.
(2)
Performance standards. The following performance standards shall apply to each single-family detached residence constructed after June 20, 2016, except that any of the standards in subsection A(2)(a) through (f) may be waived or modified by conditional use permit, upon a finding that the architectural style of the proposed residence provides compensating design features and that the proposed residence will be compatible and harmonious with other residences in the vicinity:
(a)
Each residence shall have a minimum gross floor area of 1,000 square feet, not including an attached garage, carport, deck, porch, or unfinished basement.
(b)
Each residence shall be served by a garage on the same lot of at least 400 square feet of gross floor area for each dwelling unit and meeting associated requirements in section 520-27.B.
(c)
Each residence shall have a roof with a pitch of at least three inches in height for each foot of width and an eave that extends at least six inches from the wall which supports the roof.
(d)
Each residence and attached building shall have a roof surfaced with any of the following: wood shakes; asphalt, composition, or wood shingles; clay, concrete or metal tiles; slate; built-up gravel materials; architectural standing seam metal roofing; hidden fastener metal roofing; or rubber membrane (for flat roofs or roofs with no greater than a 1:12 pitch); or similar material approved by the zoning administrator.
(e)
Each residence and attached building shall be covered with siding made of wood, masonry, concrete, stucco, Masonite, vinyl, metal lap, or similar material approved by the zoning administrator. Exterior siding shall extend down to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground.
(f)
Each residence shall be placed on a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. Such foundation shall not extend more than 24 inches above the exterior finished grade of the lot, except that where the grade of the lot slopes, only that portion of the foundation which is on the highest point of the lot must meet this requirement.
(g)
The residence may not be split into two or more dwelling units.
(h)
No carport may be attached to a single-family detached residence after June 20, 2016, unless it is attached to a garage.
(i)
Minimum required off-street parking: two outdoor spaces, such as in a driveway, plus garage space(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015, or driveways accessing local rural roads. If a driveway is located off a paved roadway and not required to be paved, a paved approach extending from the existing roadway surface at least 20 feet or to five feet beyond the right-of-way line, whichever is greater, shall be required.
(j)
For single-family detached residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in figure 520-20A below.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(k)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
B.
Two-family residence.
(1)
A two-family residence is a single structure containing two separate dwelling units, each unit having a private individual exterior access, and with no shared internal access within the building. Two-family residences can be constructed as attached side-by-side units each with a ground floor and roof (duplex), or as a two-story structure with one unit above the other (flats). Where side by side, both dwelling units must share the same lot; the individual units may not be on separate lots as a "zero lot line" structure.
(2)
Performance standards:
(a)
Each two-family residence constructed after June 20, 2016, shall meet the performance standards in subsection A(2)(a) through (f) above, except where otherwise allowed by conditional use permit.
(b)
The structure must be in compliance with the Wisconsin Uniform Dwelling Code (UDC).
(c)
Where side by side, a building-code-required, fire-rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.
(d)
Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.
(e)
The minimum gross floor area of each dwelling unit shall be 700 square feet, exclusive of attached garages, carports, and open decks/porches.
(f)
Each unit within each new two-family residence shall be served by a separate driveway, or minimum driveway width for any shared driveway shall be not less than 30 feet at the front lot line.
(g)
Minimum required off-street parking: two outdoor spaces per dwelling unit, such as in a driveway, plus spaces in garage(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015.
(h)
For single-family detached residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in figure 520-20A.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(i)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
C.
Multifamily residence.
(1)
A multifamily residence is a single structure with three or more individual attached dwelling units, including rental apartments, condominium buildings with three-plus units each, townhouses, and row houses. Each dwelling unit may take access from a shared entrance or hallway or from a private, individual exterior doorway. Institutional residential uses, as defined in this chapter, are regulated separately.
(2)
Performance standards:
(a)
Each residence shall meet the design standards for multifamily residences established in section 520-76.
(b)
The minimum gross floor area of each dwelling unit shall be 500 square feet per unit for studio and one-bedroom dwelling units and 700 square feet per unit for two or more bedroom units, exclusive of attached garages, carports, and open decks/porches.
(c)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting single-family residentially zoned property.
(d)
Minimum required off-street parking: two spaces per dwelling unit, and 0.5 additional space for each additional bedroom above two bedrooms. At least one of the required parking spaces per dwelling unit shall be enclosed in a garage or under the building. All motor vehicles shall be parked on a hard surface or on a graveled surface if such surface was legally established before January 1, 2015.
D.
Mobile home community.
(1)
This land use is a form of residential development that is exclusively reserved for individually sold or rented pads or sites containing mobile homes and/or manufactured homes. It is the intent of this article to recognize mobile homes as distinct and different factory-built units from units designated as manufactured homes within the definitions of this chapter. The main difference between these two types of homes is their status under federal law. "Mobile home" refers to homes built prior to June 15, 1976, when the United States Department of Housing and Urban Development instituted a new construction standard for factory-built homes. "Manufactured home" refers to homes built to the new, higher standard of quality under the Federal Building Code. The placement or replacement of mobile homes built before June 15, 1976, is not permitted anywhere within the jurisdiction of this chapter.
(2)
Performance standards. The following performance standards apply to each new mobile home community established after the effective date of this chapter, any approved expansion or conversion to a mobile home community after such date, and each existing mobile home community to the extent determined practical by the zoning administrator:
(a)
No mobile or manufactured home may be split into two or more residences.
(b)
A concrete slab shall be provided for each mobile home space.
(c)
Prior to occupancy, the owner shall remove the axle and install a fire- and weather-resistant, prefinished material surrounding the entire perimeter of the home and completely enclosing a space between the exterior wall of such home and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the home.
(d)
Each mobile home shall be used primarily as a residence for one family. No mobile home shall be used primarily as a storage unit. Storage under mobile homes is prohibited.
(e)
No mobile or manufactured home site shall be rented for a period of less than 30 days.
(f)
Wrecked, damaged, dilapidated, or abandoned mobile or manufactured homes shall not be kept or stored upon any premises. The building inspector shall determine if a mobile home is abandoned, wrecked, damaged, or dilapidated to a point that makes it unfit for human occupancy without an investment in the mobile or manufactured home that is greater than 50 percent of its assessed value. Whenever the building inspector so determines and declares a public nuisance under chapter 382, he or she shall notify the licensee or landowner and owner of the mobile home in writing, giving the findings upon which his determination is based, and shall order such home removed or repaired to a safe and sanitary condition of occupancy.
(g)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting single-family residentially zoned property.
(h)
No mobile/manufactured home units, attachments thereto, or associated parking areas shall be located closer than 40 feet to an abutting public right-of-way external to the mobile home community. Landscape plantings providing screening shall be provided between any external public right-of-way and a mobile/manufactured home or parking area.
(i)
No mobile/manufactured home unit or attachment thereto (including but not limited to decks and carports) shall be located closer than 20 feet from any other mobile/manufactured home unit or attachment thereto.
(j)
Vehicular entrances to a mobile home community shall only be provided on external collector streets or arterial streets.
(k)
Vehicular entrances to each mobile home shall be from a shared private street or dedicated public street internal to the mobile home community.
(l)
A minimum of 25 percent of the total lots or spaces approved within a mobile home community shall be completed and ready for occupancy before first occupancy is permitted. This standard shall not apply to an expansion of an existing mobile home community, provided such expansion is in full compliance with all applicable requirements of this chapter.
(m)
No less than ten percent of the total area of any mobile home community shall be devoted to common recreational areas and facilities, including but not limited to playgrounds, community swimming pools, community buildings, and off-street recreation trails. Areas included in the calculation of common recreational facilities shall not include streets or parking areas.
(n)
Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Pedestrian and bicycle crossings shall be safely located, marked, and controlled.
(o)
There shall be safe, efficient, convenient, and harmonious groupings of structures, uses, and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. Streets shall be arranged so as to discourage outside traffic from traversing the community.
(p)
Pedestrian walkways shall form a logical, safe, and convenient system for pedestrian access to all dwellings, project facilities, and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.
(q)
The zoning administrator, fire chief, or their lawful agents or employees are authorized and directed to inspect each mobile home community not less than once in every 12-month period to determine the health, safety, and welfare of the occupants of the park and inhabitants as affected thereby and the compliance of structures and activities therein with this chapter and all other applicable laws.
(r)
Except for those mobile homes in place as of July 1, 2016, there shall be no mobile homes placed, replaced, installed, stored, or otherwise kept in any mobile home community, as the term "mobile home" is defined in article XVI.
(s)
Except for those manufactured homes in place as of July 1, 2016, there shall be no manufactured homes placed, replaced, installed, stored, or otherwise kept in any mobile home community, as the term "manufactured home" is defined in article XVI, except for those manufactured homes that meet the criteria in section 520-20.A.
(t)
Each vacant mobile home space or site shall be properly secured, maintained in a neat condition free from debris and properly mowed, and have all ground openings safely and securely covered or sealed.
(u)
No mobile or manufactured home or other building shall be installed, stored, or kept within any power, pipeline, or utility easement. Any preexisting mobile home so located shall be immediately relocated.
(v)
Each new and expanded mobile home community shall be subject to site plan approval under section 520-124, and as part of the site plan submittal shall include a plan that includes clearly delineated lots that are at least 5,000 square feet and 50 feet in width each.
(w)
Each new and expanded mobile home community, with "expansion" meaning the addition of one or more improved mobile home sites, shall make available or install one or more storm shelters for use by residents during severe weather, meeting all applicable FEMA design standards.
(x)
Minimum required off-street parking: two spaces per mobile home plus parking necessary for other on-site uses, including but not limited to rental offices, community centers, or recreation facilities. All motor vehicles shall be parked on a hard surface, or on a gravel surface if such surface was legally established before January 1, 2015.
E.
Mixed-use dwelling unit.
(1)
A mixed-use dwelling unit is a residential dwelling unit located within the same building as another land use type, generally above the ground floor of a building used for an office, business, or institutional land use.
(2)
Performance standards:
(a)
With each building permit application, the applicant must provide evidence of covenants specifying the obligations for each dwelling unit with respect to any common structures, such as the shared wall, roof, and other inseparable improvements.
(b)
A mixed-use dwelling unit located on the ground floor of a building used for an office, business, or institutional land use may not be located within the first 24 feet of the ground floor as measured from the front of the building.
(c)
Additional entrances shall not be added to the front elevation of an existing building, but may be added to interior side, rear, or streetside elevations.
(d)
Mixed-use dwelling unit entryways located off of a rear or interior side yard shall be connected to a street frontage by a hard-surfaced walkway or driveway.
(e)
Such uses shall, to the extent determined practical by the village approval authority, meet the design standards for multifamily residences established in section 520-76.
(f)
Minimum required parking: one space per efficiency or one-bedroom dwelling unit; two spaces per two-bedroom dwelling unit; and 2.5 spaces per three or more bedroom dwelling unit. Minimum parking standards may be reduced if residential uses are institutional in nature. All motor vehicles shall be parked on a hard surface, or on a graveled surface if such surface was legally established before January 1, 2015.
F.
Workforce multifamily housing.
(1)
Workforce multifamily housing is a single structure with three or more individual attached dwelling units, including rental apartments, condominium buildings with three-plus units each, townhouses, and row houses. The purpose of this land use is to allow workers to reside in close proximity to job opportunities. Each dwelling unit may take access from a shared entrance or hallway or from a private, individual exterior doorway. Institutional residential uses, as defined in this chapter, are regulated separately.
(2)
Performance standards:
(a)
Each residence shall meet the design standards for multifamily residences established in section 520-76.
(b)
The minimum gross floor area of each dwelling unit shall be 500 square feet per unit for studio and one-bedroom dwelling units and 700 square feet per unit for two or more bedroom units, exclusive of attached garages, carports, and open decks/porches.
(c)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting a single-family residential district and any nonresidential and mixed-use district.
(d)
Minimum required off-street parking: two spaces per dwelling unit, and 0.5 additional space for each additional bedroom above two bedrooms. At least one of the required parking spaces per dwelling unit shall be enclosed in a garage or under the building. All motor vehicles shall be parked on a hard surface.
G.
Post-frame single-family detached residence.
(1)
A single-family detached residence is a dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC). Post-frame buildings use high-quality, large sawn timber or laminated columns spaced. Generally, they are built on a concrete slab instead of a basement foundation. The concrete floor can be added after the posts have been embedded into the ground or the posts can be anchored directly to the concrete slab. Post-frame homes don't require interior support walls. The frame in post-frame buildings consists of the posts and trusses creating one structural unit. This creates large open spaces in the house and wider openings for doors and windows.
(2)
Performance standards. The following performance standards shall apply to each post-frame single-family detached residence constructed, except that any of the standards in subsection A(2)(a) through (h) may be waived or modified by conditional use permit, upon a finding that the architectural style of the proposed residence provides compensating design features and that the proposed residence will be compatible and harmonious with other residences in the vicinity:
(a)
Each residence shall have a minimum gross floor area of 800 square feet, not including an attached garage, carport, deck, porch, or unfinished basement.
(b)
Each residence shall be served by a garage on the same lot of at least 400 square feet of gross floor area for each dwelling unit and meeting associated requirements in section 520-27.B.
(c)
Each residence shall have a roof with a pitch of at least three inches in height for each foot of width and an eave that extends at least six inches from the wall which supports the roof.
(d)
Each residence shall be placed on a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. Such foundation shall not extend more than 24 inches above the exterior finished grade of the lot, except that where the grade of the lot slopes, only that portion of the foundation which is on the highest point of the lot must meet this requirement.
(e)
The residence may not be split into two or more dwelling units.
(f)
Minimum required off-street parking: two outdoor spaces, such as in a driveway, plus garage space(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015, or driveways accessing local rural roads. If a driveway is located off a paved roadway and not required to be paved, a paved approach extending from the existing roadway surface at least 20 feet or to five feet beyond the right-of-way line, whichever is greater, shall be required.
(g)
For residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in Figure 520-20A.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(h)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
(Ord. No. 16-07, 6-20-2016; Ord. No. 16-17, 10-25-2016; Ord. No. 17-06, 4-11-2017; Ord. No. 17-14, 5-23-2017; Ord. No. 19-11, 4-23-2019; Ord. No. 20-22, 9-23-2020; Ord. No. 21-05, 2-23-2021)
A.
Agricultural use.
(1)
An agricultural use is any of the following activities conducted for the purpose of producing an income, livelihood, or for purposes related to any type of hobby farm: crop or forage production; keeping farm animals; beekeeping; nursery, sod, or Christmas tree production; maple syrup production; floriculture; aquaculture; forest management; or enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program. It also includes an activity that is an integral part of, or incidental to, an agricultural use. It excludes any other separately listed land use in this section, including but not limited to the keeping of farm animals on a residential lot, a commercial animal establishment, and an animal fancier.
(2)
Performance standards:
(a)
Such use shall meet the requirements of the village's animal ordinance (ch. 200, animals, of this Code), the county's animal waste management ordinance, and the county's livestock facilities licensing ordinance, where applicable.
(b)
The keeping of hogs and pigs intended for slaughter or market shall not be permitted, except within the AR district or on a farm operation of at least five acres.
(c)
The keeping of goats, roosters, or fur-bearing animals (other than rabbits and ferrets) shall not be permitted, except within the AR District or on a farm operation of at least five acres.
(d)
Beekeeping is permitted subject to the standards in subsection 520-27.H, except that the number of beehives shall be limited to one for each 2,500 square feet of lot area.
(e)
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage. The zoning administrator may approve modifications and exceptions to this animal unit density standard if, each year the normal density standard is to be exceeded, the landowner provides conservation compliance documentation from Marathon County signifying that the keeping of a higher density of animal units is in compliance with all Wis. Adm. Code ch. NR 151, agricultural runoff performance standards and prohibitions.
(f)
Any area where farm animals are allowed to pasture or run shall be adequately fenced to keep them confined to such area. Fencing shall meet the requirements for legal and sufficient fencing per § 90.02, Wis. Stats.
(g)
Except for a farm in existence before the effective date of this chapter, barns, poultry houses, or similar animal enclosures may be no closer than 50 feet from any lot line, except that poultry houses for not more than eight chickens or ducks need only meet the minimum setback requirement for accessory structures.
(h)
This subsection does not establish regulations for household pets such as rabbits, ferrets, fish, songbirds, pot-bellied pigs, cats, or dogs which are kept indoors. Household pets such as dogs or cats are regulated separately from this chapter, through chapter 200. This subsection also does not establish regulations for the accessory use listed as "Keeping of farm animals on residential lots" in subsection 520-27.H.
B.
Agricultural-related use. An agricultural-related use is a facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose: providing agricultural supplies, agricultural equipment, agricultural inputs, or agricultural services directly to farms; storing, processing, or handling raw agricultural commodities obtained directly from farms; slaughtering livestock; marketing livestock to or from farms; processing agricultural by-products or wastes received directly from farms. Examples of such uses include, but are not limited to, agricultural implement sales, storage, and/or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities (except those accessory to an agricultural use); commercial dairies; food processing facilities; licensed farm auction operations; canning and other food packaging facilities; greenhouses and garden centers; orchard stores; agricultural waste and by-product disposal facilities (except those accessory to an agricultural use); farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events; sawmills; de-barking operations; and chipping facilities. Not included within this land use category are plants intended to convert agricultural products to energy on a large-scale basis, sales of farm and forestry products, landscape contractors, and/or any other separately listed land use in this section.
C.
Community garden.
(1)
A community garden is an area for cultivation and related activities divided into one or more plots to be cultivated by more than two operators or members as a principal land use of a property. The community garden may be the sole principal use of the property, or may be a second principal use on a property. It does not include gardens for cultivation of crops for home consumption on the same lot.
(2)
Performance standards. For any new or expanded community garden after the effective date of this chapter:
(a)
Issuance of a zoning permit is required. With the application for a zoning permit, the applicant shall demonstrate through the submittal of plans, written statements, or both that the community garden will meet all applicable performance standards.
(b)
All structures shall comply with the required setbacks and height regulations for principal structures within the associated zoning district. All plots shall be set back five feet from the lot line. Fences shall comply with section 520-83.
(c)
The application shall include the name(s) of the property owner, any established sponsoring organization, and the garden manager.
(d)
The application shall include a plan that demonstrates consideration for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, and availability of parking.
(e)
The following structures are permitted: toolsheds, shade pavilions, restroom facilities, planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, fences, garden art, rain barrel systems, children's play areas, and barns with approval of the plan commission.
(f)
There shall be no exterior lighting associated with the community garden use, except for standard residential yard lighting.
D.
On-site agricultural retail.
(1)
On-site agricultural retail is the sale of nonanimal agricultural products grown exclusively on the site or on an adjacent property in common ownership, on a year-round basis or requiring the construction and maintenance of permanent structures, except that packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) may be produced off site.
(2)
Performance standards:
(a)
The sale of products that are grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.
(b)
The maximum total gross floor area of a structure or a combination of structures dedicated primarily to the on-site agricultural retail use shall be 1,000 square feet in area.
(c)
Structures shall all be set back at least 100 feet from any lot in a residential zoned district.
(d)
Roadside stands, less than 200 square feet in area, shall be set back a minimum of 20 feet from any lot line.
(e)
Minimum required off-street parking: four off-street parking spaces shall be provided or one space per 200 square feet of indoor and outdoor sales areas plus one space per employee on the largest work shift, depending on which calculation provides for the greater amount of off-street parking spaces.
(Ord. No. 16-07, 6-20-2016)
A.
Passive outdoor public recreation.
(1)
Passive outdoor public recreation includes all recreational land uses located on public property or a public easement that involves passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, open grassed areas not associated with any particular active outdoor public recreation land use, picnic areas, picnic shelters, gardens, fishing areas (not including commercial fishing ponds), and similar land uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per four expected patrons at maximum capacity.
B.
Active outdoor public recreation.
(1)
Active outdoor public recreation includes all outdoor land uses located on public property or a public easement that accommodates active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses open to the public, and similar land uses.
(2)
Performance standards:
(a)
Concession stands, shelters, pavilions, gazebos, restrooms, and other buildings commonly associated with an active outdoor public recreation use shall be permitted but shall meet size limitations associated with accessory buildings (for nonresidential use).
(b)
Air domes may be allowed to house part of use by conditional use permit.
(c)
Any active outdoor public recreation use that involves balls or other projectiles shall provide netting, sufficient distance, or another method approved by the zoning administrator to prevent the balls or projectiles from leaving the property.
(d)
Minimum required off-street parking: one space per four expected patrons at maximum capacity.
C.
Indoor institutional, general.
(1)
General indoor institutional uses are indoor facilities that include 20,000 square feet of indoor gross floor area or less, including gyms, public or commercial swimming pools, libraries, museums, community centers, schools, churches, funeral homes, nonprofit clubs, nonprofit fraternal organizations, and similar land uses generally serving a community purpose and meeting this size requirement. Crematoriums are a lawful accessory use to a funeral home, where serving only customers of the funeral home and where meeting all performance standards in article XII, general indoor institutional uses do not include any arena, convention center, hospital, jail, prison, or similar use of a size and character that typically serve the needs of the whole community and region (regardless of whether over or under 20,000 square feet).
(2)
Performance standards:
(a)
Such uses shall provide a deliberately designed area exclusively for dropoffs and pickups of persons that is outside of the public right-of-way.
(b)
Minimum required off-street parking: Per figure 520-22(1).
D.
Indoor institutional, intensive.
(1)
Intensive indoor institutional uses are indoor facilities that generally serve the community and a) include over 20,000 square feet of indoor gross floor area, including gyms, public or commercial swimming pools, libraries, museums, community centers, schools, churches, funeral homes, nonprofit clubs, and nonprofit fraternal organizations that exceed this size threshold, and b) all arenas, convention centers, hospitals, jails, prisons, and similar uses of a size and character that typically serve the needs of the whole community and region.
(2)
Performance standards:
(a)
Such uses shall provide a deliberately designed area exclusively for dropoffs and pickups of persons that is outside of the public right-of-way.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Minimum required off-street parking: per figure 520-22(1).
E.
Outdoor institutional.
(1)
An outdoor institutional use includes cemeteries, country clubs, and similar land uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: per figure 5-22(2).
F.
Public service or utility.
(1)
A public service or utility use includes all municipal, county, state and federal facilities (except those separately addressed in this section); emergency service facilities such as fire departments and rescue operations; wastewater treatment plants; public and/or private utility substations; water towers and reservoirs; wells and well houses; utility and public service related distribution facilities; and similar land uses. Power production facilities (power plants) shall instead be regulated as heavy industrial uses.
(2)
Performance standards:
(a)
Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
(b)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
The exterior of all buildings shall meet the standards for nonresidential structures in section 520-76.
(d)
Minimum required off-street parking: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.
G.
Institutional residential.
(1)
An institutional residential use includes senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under Wis. Stats. § 62.23.
(2)
Performance standards:
(a)
There shall be a minimum of 800 square feet of gross site area for each occupant of the development.
(b)
A minimum of 30 percent of the development's gross site area shall be held as permanently protected green space.
(c)
An off-street passenger loading area shall be provided at a minimum of one location within the development.
(d)
Minimum required off-street parking: per figure 5-22(3).
H.
Community living arrangement.
(1)
A community living arrangement use includes community living arrangements for adults, as defined in Wis. Stats. § 46.03(22); community living arrangements for children, as defined in Wis. Stats. § 48.743; foster homes, as defined in Wis. Stats. § 48.02(6); or adult family homes, as defined in Wis. Stats. § 50.01(1)(a) or (b). Community living arrangements do not include group day-care centers (see separate listing); nursing homes (an institutional residential land use); or hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wis. Stats. §§ 61.35 and 62.23(7)(i), provided any such regulations and the performance standards below do not violate preemptive federal or state housing or antidiscrimination laws.
(2)
Performance standards:
(a)
Except as provided in subsections H(2)(c) and (d) below, no community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the plan commission and village board agree to a reduction in spacing. Two community living arrangements may be adjacent if the village authorizes that arrangement and if both facilities comprise essential components of a single program.
(b)
Except as provided in subsection H(2)(c) below, the total combined capacity of all community living arrangements (of all capacities) in the village shall not exceed one percent of the combined population of the village (unless specifically authorized by the village board following a public hearing). The applicant shall be responsible for providing information on the total, combined capacity of all community living arrangements within the village.
(c)
A foster home that is the primary domicile of a foster parent and that is licensed under Wis. Stats. § 48.62, or an adult family home certified under Wis. Stats., § 50.032(1m)(b), shall be a permitted use in all residentially zoned areas and is not subject to subsections H(2)(a) and (b) above except that foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall be subject to subsections H(2)(a) and (b).
(d)
No adult family home described in Wis. Stats. § 50.01(1)(b), may be established within 2,500 feet, or any lesser distance established by an ordinance of the village, of any other adult family home described in Wis. Stats. § 50.01(1)(b), or any community living arrangement. An agent of an adult family home described in Wis. Stats., § 50.01(1)(b), may apply for an exception to this requirement, and the exception may be granted at the discretion of the village.
(e)
There shall be no maximum to the number of community living arrangement facilities, except as other performance standards may indirectly establish a limit.
(f)
Minimum required off-street parking: three spaces, plus one space for every three residents over eight residents (except for those residents under 16 years of age and otherwise without the ability to drive).
I.
Highway facility.
(1)
Highway facility uses, which include both indoor and outdoor facilities that generally serve the community and include over 60,000 square feet of indoor gross floor area. Facilities often include highway truck and equipment storage and repair, salt storage, and brine preparation. The use is of a size and character that typically serve the needs of the whole community and region.
(2)
Performance standards:
(a)
Outdoor storage areas shall be located a minimum of 500 feet from any residentially zoned property.
(b)
A buffer yard meeting the requirements of section 520-79.(4) shall be provided along all property borders abutting residentially zoned property, except minimum width of the buffer yard shall be 500 feet.
(c)
The exterior of all buildings shall meet the standards for nonresidential structures in section 520-76.
(d)
Minimum required off-street parking: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.
(Ord. No. 16-07, 6-20-2016; Ord. No. 25-07, 5-29-2025)
A.
Office.
(1)
An office land use includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with little direct service to customers on site. Office uses that are accessory to a principal residential use of a property are not considered office uses, but are instead regulated as home occupations or residential businesses under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
B.
Personal or professional service.
(1)
Personal or professional service uses are exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples include professional services, banks, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, and beauty shops. Service uses that are accessory to a principal residential use of a property are not considered personal or professional service uses, but are instead regulated as home occupations or residential businesses under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
C.
Artisan studio.
(1)
An artisan studio is a building or portion thereof used for the preparation, display, and sale of individually crafted artwork, photography, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven sections, and related items, and occupied by no more than five artists or artisans. Uses occupied by more than five artists or artisans shall be considered a light industrial use under subsection 520-26.A. Studios that are accessory to a principal residential use of a property are not considered artisan studio uses, but are instead regulated as home occupations under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
D.
Group day-care center.
(1)
A group day-care center is land use in which licensed persons and facilities provide child-care services for nine or more children, such as day-care centers, preschools, and nursery schools. Such land uses may be operated as a standalone use, or in conjunction with another principal land use on the same site such as a church, primary school, business, or civic organization. Any child-care facility located on the same site as a principal land use, and that is reserved solely for the use of company employees and their guests on the same site, are instead regulated as a company-provided on-site recreation or child care accessory use.
(2)
Performance standards:
(a)
No group day-care center shall be located within a building that is also occupied as a residence.
(b)
Minimum required off-street parking: one space per five students, plus one space for each employee on the largest work shift.
E.
Indoor sales or service.
(1)
Indoor sales or service includes all land uses, except as otherwise separately listed in this section, that conduct or display sales or rental merchandise or equipment, or that conduct nonpersonal or nonprofessional services, entirely within an enclosed building. This includes a wide variety of retail stores and commercial service uses not otherwise listed in this chapter, along with self-service facilities such as coin-operated laundromats. Display of products outside of an enclosed building shall be considered an outdoor display incidental to indoor sales accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an outdoor display principal land use. Sales or service uses that are accessory to a principal residential use of a property are not considered indoor sales or service uses, but are instead regulated as home occupations or residential businesses under this chapter. Indoor sales or service does not include any commercial animal establishment use.
(2)
Performance standards:
(a)
Such use may also be subject to conditional use permit requirements and adherence to performance, building design, and site design standards in article X if classified as a large retail and commercial service development under section 520-77. However, following initial conditional use permit approval, individual indoor sales or service uses may occupy the constructed spaces without the need for a further conditional use permit.
(b)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
F.
Outdoor display.
(1)
An outdoor display includes all land uses, except as otherwise separately listed in this article, that conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Examples include outdoor vehicle sales, outdoor vehicle rental, manufactured home sales, and monument sales. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard use. If an area less than 15 percent of the total sales area of the building(s) on the property is used for display of products outside of an enclosed building, such use shall instead be considered an outdoor display incidental to indoor sales accessory use.
(2)
Performance standards:
(a)
The display of items shall not be permitted in required landscaped areas, required buffer yards, or required setback areas for the principal structure.
(b)
Display areas shall be separated from any circulation area by a minimum of ten feet, which shall be clearly delimited.
(c)
Items being displayed shall not interfere with motor vehicle, pedestrian, and bicycle traffic visibility.
(d)
Items being displayed shall be placed on a hard surface.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
The display of items outdoors shall be permitted during the entire calendar year; however, if items are removed from the display area, all support fixtures used to display the items shall be removed.
(g)
There must be a principal building on the same lot as the outdoor display land use, which serves as an essential component of that use, such as a sales office, indoor showroom, and/or storage facility. Such building shall be attached to a permanent foundation, and if erected or expanded after the effective date of this chapter, shall meet building design standards in section 520-76.
(h)
Minimum required off-street parking: one space per 300 square feet of gross floor area. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below what is required in this section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
G.
Indoor repair and maintenance.
(1)
Indoor repair and maintenance includes all land uses, except as separately listed, that perform repair and maintenance services for consumer products and contain all operations (except loading) entirely within an enclosed building, including electronics, mechanical, and small engine repair service businesses. Because of outdoor vehicle storage requirements, all vehicle repair and maintenance uses shall instead be regulated as outdoor and vehicle repair and maintenance uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
H.
Outdoor and vehicle repair and maintenance.
(1)
Outdoor and vehicle repair and maintenance includes all land uses, except those that are separately listed in this section, that perform maintenance services (including repair) and have all, or any portion (beyond simply loading) of their operations located outside of an enclosed building. It also includes all businesses that repair or maintain motor vehicles designed for road use and brought in from off site.
(2)
Performance standards:
(a)
When more than 25 percent of the activity occurs outdoors, outdoor activity areas shall be completely enclosed by an opaque fence, wall, or building section for each outdoor and vehicle repair and maintenance use no later than January 1, 2017. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property.
(b)
Outdoor storage of vehicle parts and abandoned, unlicensed, and inoperable vehicles is prohibited, except that each inoperable vehicle being serviced may be kept outdoors for a period not exceeding 30 days.
(c)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
Minimum required off-street parking: one space per 300 square feet of gross floor area, or one space per each employee on the largest shift, whichever is less.
I.
Drive-through and drive-in sales or service.
(1)
Drive-through and drive-in sales or service includes all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except outdoor and vehicle repair and maintenance land uses, which are separately listed and regulated). Such uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples include drive-in, drive-up, and drive-through facilities in conjunction with another principal use (such as a bank or restaurant), vehicular fuel stations, and car washes.
(2)
Performance standards:
(a)
There shall be stacking space for at least five vehicles behind each drive-through order station, at least two vehicles between each order station and the first pass-through window, and at least two spaces beyond the last pass-through window for post-order pickup.
(b)
The drive-through facility shall be designed so as to not impede or impair loading, vehicular movement, and pedestrian movement or exacerbate the potential for conflicts with such activities.
(c)
Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to drive-through lane(s).
(d)
All vehicular areas of the facility shall have a hard surface that is designed to meet the requirements of a minimum four-ton axle load.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
Vertical concrete curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands.
(g)
Any land use that conducts sales from a vehicle such as a food truck or trailer, or from any other structure for an outdoor food or beverage vendor, that is in one place for more than seven consecutive days is not classified as a drive-through and drive-in sales or service use and is prohibited within the village.
(h)
Minimum required off-street parking: Refer to the parking requirements of the other land uses on the site, such as indoor sales and service land uses for a gas station/convenience store.
J.
Indoor commercial entertainment.
(1)
Indoor commercial entertainment includes all uses that provide entertainment services entirely within an enclosed building, or where outdoor entertainment facilities are present, and the land area of such facilities is not greater than 15 percent of the gross floor area indoors. Indoor commercial entertainment uses often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, brew pubs, taverns, theaters, health or fitness centers, other indoor private recreation centers, training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, indoor shooting ranges, and pool halls. It does not include any microbeverage production facility or adult entertainment or adult-oriented establishment, which instead are listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Where the limited outdoor space allowed for indoor commercial entertainment uses allows for the service or consumption of alcohol, the use may require a conditional use permit and is subject to the performance standards associated with an outdoor alcohol area in subsection 520-27.N.
(c)
Air domes may be allowed to house all or part of the indoor commercial entertainment use by conditional use permit.
(d)
Minimum required off-street parking: one space per every three patron seats, or the maximum capacity of the establishment (whichever is greater).
K.
Outdoor commercial entertainment.
(1)
Outdoor commercial entertainment includes all principal uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples include outdoor commercial swimming pools, health or fitness centers where the area of outdoor facilities is greater than 15% of the gross floor area indoors, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, trap clubs, and shooting ranges. It does not include any golf course or adult entertainment or adult-oriented establishment, which instead are listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Activity areas (including movie screens) located within 300 feet of any residentially zoned property shall be fully screened.
(c)
Shall at all times meet the noise standards in section 520-91.
(d)
Where the outdoor space allowed for outdoor commercial entertainment uses allows for the service or consumption of alcohol, the use may require a conditional use permit and is subject to the performance standards associated with an outdoor alcohol area in subsection 520-27.N.
(e)
The keeping of horses and other nondomesticated animals may be permitted where accessory and integral to the principal use, where agricultural use standards in subsection 520-21.A related to the keeping of farm animals are met, and where other chapters, including chapter 200, are met.
(f)
Minimum required off-street parking: one space for every three persons at the maximum capacity of the establishment.
L.
Commercial animal establishment.
(1)
A commercial animal establishment includes uses that provide for the care, treatment, grooming, and/or boarding of animals as a principal use of the property. Examples include commercial stables, pet shops, grooming shops, boarding kennels, animal shelters, and veterinary facilities. A boarding kennel is a facility where dogs, cats, horses, or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate approvals.
(2)
Performance standards:
(a)
As part of the permit approval, the village may establish a limit on the number of animals that are serviced or boarded.
(b)
Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit or special event permit has been secured.
(c)
Commercial stables and boarding facilities for horses or other riding animals are subject to all agricultural use standards in section 520-21.A related to the keeping of farm animals.
(d)
All principal structures and outdoor containment areas for horses or other riding animals shall be no less than 100 feet from any residential zoning district.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
Commercial kennels and animal boarding facilities are subject to the requirements and licensing standards set forth in chapter 200 of the Kronenwetter Municipal Code.
(g)
Minimum required off-street parking: one space per every 1,000 square feet of indoor gross floor area.
M.
Bed-and-breakfast.
(1)
Bed-and-breakfasts are exclusively indoor lodging facilities that provide meals only to paying lodgers, and in which the operator is also a resident of the premises. Such land uses must be licensed by the state. They may provide indoor recreational facilities for the exclusive use of their customers. This use classification does not include a boardinghouse, which instead is separately regulated.
(2)
Performance standards:
(a)
The dwelling unit in which the bed-and-breakfast takes place shall be the principal residence of the operator/owner, and said operator/owner shall live on the premises when the bed-and-breakfast establishment is active.
(b)
It shall meet all requirements of the Wisconsin Administrative Code.
(c)
The maximum stay for any occupants of a bed-and-breakfast establishment shall be 14 days.
(d)
Each operator shall keep a list of names of all persons staying at the bed-and-breakfast establishment. This list shall be kept on file for a period of one year. Such list shall be available for inspection by the zoning administrator at any time.
(e)
Meals may only be served to residents and overnight guests.
(f)
If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate licenses.
(g)
Prior to opening for business, every bed-and-breakfast establishment shall obtain a permit from the village clerk by application made upon a form furnished by said officer. Such permit shall be void upon the sale or transfer of the property ownership. A bed-and-breakfast permit shall be valid until terminated by action of the village clerk for violation of the provisions of this chapter or of state regulations.
(h)
Minimum required off-street parking: one space per each bedroom in addition to standard requirements for principal residential use.
N.
Boardinghouse.
(1)
A boardinghouse includes any residential use renting rooms that do not contain private bathroom facilities, with the exception of an approved bed-and-breakfast establishment, which is separately classified and regulated.
(2)
Performance standards:
(a)
Uses that meet the definition of a "boardinghouse" shall only be allowed where listed in figures 520-17 and 520-18. [5]
(b)A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Each boardinghouse may have no more than eight boarders and bedrooms for boarders.
(d)
The operator of the boardinghouse must live within the same building as the boarders.
(e)
Minimum required off-street parking: one space per room for rent, plus one space per each employee on the largest work shift.
O.
Campground.
(1)
A campground is a parcel of land designed, maintained, intended, or used for the purposes of providing a location for two or more camping units and designed and approved for overnight accommodation. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility).
(2)
Performance standards:
(a)
A conditional use permit is not required for the PR District.
(b)
The application for a conditional use permit shall include the following information:
1.
A written description of the proposed operation, including proposed months of operation; desired types of camping units; other ancillary uses proposed for the site; and assurances that the campground will be developed and operated in accordance with all approved plans.
2.
A campground plan map(s), drawn to scale, and including the proposed layout; location of campsites, roads, parking areas, and site boundaries; topography lines; minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water supplies; sanitary waste disposal systems; grading plan and stormwater management system meeting the requirements of this chapter; covered refuse storage areas; existing natural features, including waterways, wetlands, floodplains, and shoreland areas; existing and proposed vegetation and recreation areas, and any other information the zoning administrator shall deem necessary. Professional engineering assistance is encouraged in such design, especially of access roadways, camping unit siting, site grading and stormwater management, and utility placement.
(c)
Any subsequent expansion beyond its approved number of sites and units or density of sites or units, and construction of new or expanded recreational or service facilities, shall require a new conditional use permit. Any modification of an approved plan which only moves sites and units or accessory buildings or recreational facilities shall only require site plan approval.
(d)
No single camping unit shall be occupied by the same party for a period of time longer than three continuous months in any twelve-month period, except as may be further limited by state statutes or administrative rules.
(e)
Campgrounds shall have direct access to a public road, with no more than two camp road access points to each abutting public road for the first 100 campsites, plus one additional access for each 100 sites thereafter.
(f)
Campsites and access roads shall be located, graded, and maintained so as to provide each site with positive site drainage.
(g)
Minimum lot size for any campground established after the effective date of this chapter shall be ten acres.
(h)
Maximum gross density shall be eight individual campsites or camping units per acre of active camping area. Active camping area consists of campsites and land supporting the campsites, including access roads, recreational facilities, and other permanent campground infrastructure.
(i)
Individual campsites shall be at least 1,200 square feet in area. Each campsite shall be clearly marked with an alphabetical or numeric symbol on a sign which is clearly visible from an access road.
(j)
There shall be a minimum separation of ten feet between camping units. Any accessory structure on the campsite, such as, but not limited to, a deck, porch, awning, or storage structure, shall be considered part of the camping unit for purposes of this separation requirement. The total footprint of these accessory structures plus the camping unit shall not exceed 400 square feet.
(k)
Separate areas may be designated as a campground for group camping in tents. Within each group camping area, no more than 20 tents containing no more than 80 persons per acre shall be permitted. The group camping area must be provided with proper sanitary service as required by state statutes.
(l)
Each campground may have up to two single-family dwellings for the private use and occupation of the owners and caretakers of the campground.
(m)
Each campground may, for only those persons camping on site, registered as guests or visitors or persons making a bona fide visit to check out the campground, or otherwise paying for the use of the campground, provide for purchases of sundry supplies, cooked meals, and drinks, including alcoholic beverages, if so licensed.
(n)
Each campground may accommodate common recreational facilities and amenities such as swimming pools, tennis courts, and other similar facilities. These facilities shall be considered a part of the active camping area.
(o)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property and public roads.
(p)
Each campground established after the effective date of this chapter shall provide a minimum of 200 square feet per camping unit or one continuous acre of common recreation open space, whichever is greater. Yard areas within minimum required setbacks around the perimeter of the campground and land within landscaped transitional yards may not be counted towards meeting this requirement.
(q)
Each campground or camping resort shall be maintained under a single management so that responsibility can be easily placed for cleaning of common facilities such as water supply, sewage disposal station, toilet, laundry, washrooms, and refuse areas, and for enforcement of campsite cleanliness.
(r)
The number of camping cabins within a campground shall not exceed 15 percent of the total number of camping units in the campground.
(s)
Each campground shall comply with all state regulations applicable to campgrounds, except as may be permitted through other licenses or approvals from the state.
(t)
Quiet hours shall be in effect daily, between 11:00 p.m. and 6:00 a.m., but at no time may the noise on a campsite create a disturbance outside of the campground. During quiet hours a person shall not engage in loud and boisterous conduct or the playing of radios, musical instruments, sound or music systems, or the activation of sound-producing electronic or mechanical devices such as generators, in such a manner so as to unreasonably disturb other persons.
(u)
Minimum required off-street parking: 1.5 spaces per campsite.
P.
Commercial indoor lodging.
(1)
Commercial indoor lodging includes land uses that provide overnight housing in more than one individual room or suite of rooms, each room or suite having a private bathroom, including hotels and motels. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate principal land use. This land use category does not include bed-and-breakfast or tourist rooming house uses, which are instead listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Minimum required off-street parking: one space per bedroom, plus one space for each employee on the largest work shift.
Q.
Tourist rooming house.
(1)
A tourist rooming house is a permanent, detached single-family structure where sleeping accommodations are offered for pay to tourists or transients for periods of time of 30 days or less. Commercial lodgings consisting of structures with more than one dwelling unit or rentable room shall instead be regulated as a commercial indoor lodging use (or if a room in a residence operated by the primary resident, a bed-and-breakfast). Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate principal land use.
(2)
Performance standards:
(a)
The use must meet all performance standards associated with a single-family detached residence.
(b)
Occupancy shall be limited to two persons per bedroom, plus an additional two persons. At no time may the number of guests exceed eight, regardless of the number of bedrooms in the unit. Two exits are required for each bedroom.
(c)
The appearance or use of the tourist rooming house shall not be altered in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or noise exceeding section 520-91.
(d)
No recreational vehicle may be used for living or sleeping purposes as part of a tourist rooming house.
(e)
The availability of the tourist rooming house to the public shall not be advertised on site.
(f)
The use must be licensed by the State of Wisconsin.
(g)
Required off-street parking: a minimum/maximum of one space per bedroom.
R.
Adult entertainment or adult-oriented establishment.
(1)
An adult entertainment or adult-oriented establishment is any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breasts. It also includes an adult bookstore having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas, and in conjunction therewith have facilities for the presentation of adult-oriented films, movies or live performances, for observation by patrons.
(2)
Performance standards:
(a)
Such uses shall be further regulated under chapter 325, article II, of the Village of Kronenwetter Municipal Code.
(b)
Such uses shall be located a minimum of 1,000 feet from any residentially zoned property and a minimum of 1,000 feet from any existing school, church, public library, institutional residential land use, active outdoor public recreation land use, or another adult entertainment or adult-oriented establishment.
(c)
Exterior signage shall be in accordance with that permitted for the zoning district within which the use is located. One additional exterior wall sign with an area of two square feet that reads "admittance to adults only" shall be placed near or on each customer entrance, along with hours of operation.
(d)
The use shall not admit minors on the premises and shall comply with all applicable federal, state, and Village laws and ordinances regulating alcoholic beverages and obscenity.
(e)
Minimum required off-street parking: one space per 300 square feet of gross floor area, or one space per person at the maximum capacity of the establishment (whichever is greater).
S.
Large retail and commercial service development. See section 520-77 for description and performance standards.
T.
Microbeverage production facility.
(1)
A microbeverage production facility is a type of beer, wine, spirits, or coffee production facility that produces limited amounts of product per year, and often includes a tasting room and on-site purchase of beer and related products, including gifts and food. It includes microbreweries, microdistilleries, microwineries/small wineries, and microroasteries/small batch roasters that meet the following performance standards. In the event such a use exceeds one or more of these standards, it shall be considered a light industrial land use. As defined in article XVI, brewpubs are also regulated separately as an indoor commercial entertainment use.
(2)
Performance standards:
(a)
Such use shall not exceed the following production quantities per year: microbrewery, 15,000 barrels or equivalent; microdistillery, 10,000 gallons or equivalent; microwinery, 15,000 gallons or equivalent; microroastery, 15,000 pounds or equivalent.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Such use shall meet all performance standards in article XII, including but not limited to odor standards in section 520-93.
(d)
Such use must provide evidence of valid state license before commencing operations or at any time upon the request of the zoning administrator.
(e)
If located outside of an industrial district, the following standards apply:
1.
The area used for production may not exceed 10,000 square feet.
2.
The operation must install odor-reducing filters or other equipment to minimize the impact on nearby properties.
3.
There shall be no outdoor growing of products used in the operation.
4.
Outdoor storage shall be limited to grain silos designed to be compatible with the principal building materials and colors. No other materials or equipment shall be stored outdoors.
(f)
Minimum required off-street parking: one space per every three patron seats, or the maximum capacity of the establishment (whichever is greater), plus one space for every employee engaged in production.
(Ord. No. 16-07, 6-20-2016)
Editor's note— Said figures are included as attachments to this chapter.
A.
Indoor storage or wholesaling.
(1)
Indoor storage or wholesaling uses are uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples include warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Minimum required off-street parking: one space per 2,000 square feet of gross floor area.
B.
Outdoor storage or wholesaling.
(1)
Outdoor storage or wholesaling uses are uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses, and where any activity beyond loading and parking is located outdoors. Examples include contractors' outdoor storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard use, which is separately listed and regulated.
(2)
Performance standards:
(a)
All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrially zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
All primary outdoor storage areas shall be placed on a hard surface.
(e)
The storage of items shall not be permitted in the minimum required front yard.
(f)
Minimum required off-street parking: one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.
C.
Personal storage facility.
(1)
A personal storage facility use includes indoor storage of items entirely within partitioned buildings, with individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. They are also known as "mini-warehouses."
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property and public rights-of-way.
(b)
Minimum required off-street parking: one space for each employee on the largest work shift.
D.
Junkyard or salvage yard.
(1)
A junkyard or salvage yard is any land or structures used for a salvaging operation, including but not limited to the aboveground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.
(2)
Performance standards:
(a)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
(b)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(c)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Shall not involve the storage, handling, or collection of hazardous materials, including any of the materials listed in section 520-98.
(f)
Minimum required off-street parking: one space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.
E.
Solid waste disposal, composting, and/or recycling facility.
(1)
A solid waste disposal, composting, and/or recycling facility is any use dedicated to the collection, storage, processing, and/or disposal of solid wastes as defined by § 289.01(33), Wis. Stats., organic materials for composting or for off-site energy production, and/or materials for recycling.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, the application shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be kept, stored, or processed; the proposed date to begin operations; existing natural features on and adjacent to the site; where materials would be hauled from and to and over what roads; types, quantities, and frequency of use of equipment to move, process, and haul materials within and to and from the site; whether and how frequently crushing, screening, washing, refueling, fuel storage, asphalt batching, or concrete mixing would be performed on site; description and elevations of all temporary and permanent structures; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, and environmental protection; methods to keep all public roads free of all mud, debris, and dust; assurances that the site will be developed and operated in accordance with all approved plans and all Village, county, state, and federal regulations; and a listing of all applicable regulations, licenses, and permits required.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, entrances, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; all dwellings and private and municipal wells within 1,000 feet; location of the proposed staging areas, fueling, fuel storage, and material and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of buffer yards, screening berms, and landscaping; and proposed temporary and permanent structures, including scales and offices.
(b)
The use shall comply with all county, state and federal regulations at all times.
(c)
All buildings, structures, storage, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders.
(e)
Operations shall not involve the on-site holding, storage, processing or disposal of hazardous materials, food scraps, or other vermin-attracting materials.
(f)
Outdoor material stockpiles shall be limited to no more than 30 feet in height.
(g)
All performance standards in article XII shall be met.
(h)
The use shall be established and maintained so as to not create a fire hazard as determined by the Fire Inspector.
(i)
Trucking activity shall be limited to a maximum number of trips per day as agreed upon in the Plan-Commission-approved written operational plan submitted by the applicant. In cases of exceptional circumstances, a written request to exceed the maximum number of trips for a specific limited period of time not to exceed 30 days may be approved in advance by the zoning administrator. Exceptions exceeding 30 days must be approved by the plan commission.
(j)
Access to the site shall only be through points designated as entrances on the site or operations plan. Such access points shall be secured when the site is not in operation.
(k)
Hours or days of operation may be limited by the village.
(l)
Approval shall be subject to amendment or revocation if noncompliance with approved plans, this subsection, or approval conditions is identified.
(m)
Approval shall be subject to periodic review of the operation to ensure compliance with the conditional use permit, and to specific limitations over the portion of the lot or parcel where extraction may occur.
(n)
Minimum required off-street parking: one space for each employee on the largest work shift.
F.
Auction yard.
(1)
An auction yard is a use or parcel dedicated to the regular auctioning of products, generally produced at another location and transported to the site for the auction.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, the application shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be auctioned; the proposed date to begin operations; existing natural features on and adjacent to the site; where materials would kept; description and elevations of all temporary and permanent structures and parking; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, or environmental protection; methods to keep all public roads free of all mud, debris, and dust; assurances that the site will be developed and operated in accordance with all approved plans and all Village, county, state, and federal regulations; and a listing of all applicable regulations, licenses, and permits required.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, entrances, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; location of the proposed auction, storage, staging, and parking areas; proposed location and surfacing of roads, driveways, and site access points; and proposed temporary and permanent structures.
(b)
The use shall comply with all county, state and federal regulations at all times.
(c)
All buildings, structures, storage, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d)
Operations shall not involve the on-site holding, storage, auctioning, processing, or disposal of hazardous materials, food scraps, or other vermin-attracting materials.
(e)
Outdoor material stockpiles shall be limited to no more than 30 feet in height.
(f)
No odor shall be created that exceeds the standard in section 520-93.
(g)
The level of noise generated by the facility or equipment shall meet the noise standards in section 520-91.
(h)
Access to the site shall only be through points designated as entrances on the site or operations plan. Such access points shall be secured when the site is not in operation.
(i)
Hours or days of operation may be limited by the village.
(j)
Minimum required off-street parking: one space for each employee on the largest work shift, plus additional on-site parking in suitable quantity and location to accommodate projected and actual traffic.
(Ord. No. 16-07, 6-20-2016)
A.
Off-site parking.
(1)
Off-site parking includes any areas used for the parking of vehicles that are fully registered, licensed, and operative, which are not accessory to another principal use on the same lot.
(2)
Performance standards:
(a)
All off-site parking areas must be hard surfaced as defined in section 520-138.
(b)
Must meet landscaping and other applicable general performance standards of this chapter.
B.
Airport or heliport.
(1)
An airport or heliport is a facility providing takeoff, landing, servicing, storage, and other services for air transportation vehicles. The operation of any type of air transportation vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport land use. Does not include helipads that are accessory to certain uses, such as hospitals.
(2)
Performance standards:
(a)
All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
(b)
All crops, trees, structures, fences, storage areas, and parking areas shall be located and set back from all runways in accordance with an airport master plan developed by the applicant in accordance with FAA guidelines.
(c)
Minimum required off-street parking: one space per each employee on the largest work shift, plus one space per every leasable hangar space, plus sufficient parking required for any other approved on-site use.
C.
Freight terminal.
(1)
Freight terminals are lands and buildings representing either end of one or more truck carrier line(s) principally serving several or many businesses, and which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
D.
Distribution center.
(1)
Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of the materials and products of a single user. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
E.
Livestock or farm commodity trucking.
(1)
A livestock or farm commodity trucking use is a type of freight service dedicated primarily to movement of locally produced agricultural products principally serving one or more farms or lumber operations, and which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities. Trucking services not specifically related to local agriculture production shall instead be regulated as a freight terminal.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
(Ord. No. 16-07, 6-20-2016)
A.
Light industrial.
(1)
Light industrial uses are industrial facilities, manufacturing operations, and contractor shops at which all operations are conducted entirely within an enclosed building, with the exception of fully screened outdoor storage and loading operations. Light industrial facilities are those which are not associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line and which do not pose a significant safety hazard such as danger of explosion. A light industrial land use may conduct retail sales activity as an accessory use in accordance with the requirements of section 520-27L. Landscape contractors and indoor aquaculture uses, which include the farming of aquatic organisms (plants and animals) under controlled conditions that are located entirely within an enclosed building and utilize recirculating (closed) system technology (including aquaponics), are considered light industrial uses. Primary food processing activities involving the processing of cabbage, fish and fish products, and meat products shall be considered and regulated as heavy industrial land uses. Breweries, distilleries, wineries, and coffee roasters that exceed one or more limitations of the microbeverage production facility land use are considered light industrial uses. Crematoriums shall be considered heavy industrial uses, except where accessory to a funeral home and where serving only customers of the funeral home.
(2)
Performance standards:
(a)
All activities shall be conducted entirely within the confines of a building, except for parking, circulation, loading and unloading, and outdoor storage.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Screening meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting commercially zoned property.
(d)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from all adjacent properties and rights-of-way, up to the maximum fence heights allowed under section 520-83.
(e)
All primary outdoor storage areas shall be placed on a hard surface.
(f)
No loading, unloading, or storage shall be permitted in the minimum required front yard.
(g)
The use shall comply with all of the performance standards in Article XII.
(h)
Minimum required off-street parking: one space per each employee on the largest work shift. The parking lot shall be paved.
B.
Heavy industrial.
(1)
Heavy industrial uses are industrial facilities at which operations have one or more of the following characteristics: conducted partially or wholly outside of an enclosed building (not including loading/unloading operations); associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; and/or involving materials that pose a significant safety hazard (such as danger of explosion). Examples of heavy industrial land uses include slaughterhouses; tanneries; primary meat processing and fish processing; cabbage processing; alcoholic beverage producers other than breweries and wineries; paper, pulp, or paperboard producers; chemical and allied product producers (except drug producers); petroleum and coal product producers; asphalt, concrete, or cement producers; stone, clay, or glass product producers; power production facilities (power plants); primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Screening meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting commercially zoned property.
(c)
In some circumstances, the plan commission may require additional planting screen buffers between conflicting or contrasting land uses and/or to provide visual and sound screening along highways and major rights-of-way. Such plantings shall conform to plans required as part of site plan submittal and in accuracy and detail sufficient for review by the plan commission.
(d)
All primary outdoor storage areas shall be placed on a hard surface.
(e)
All indoor activity areas and outdoor storage areas shall be located a minimum of 100 feet from residentially zoned property, institutional residential uses, or indoor institutional uses.
(f)
Minimum required off-street parking: one space per each employee on the largest work shift.
C.
Communications tower.
(1)
Communications tower uses include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio, or other land uses directly related to the function of the tower. See land use descriptions and regulations associated with exterior communication devices regulated as accessory uses later in this section, where, unlike communications towers, the communications use is clearly incidental to the principal use on the site. It is the policy of the village to encourage the placement of communications devices on preexisting towers and other support structures (e.g., water towers) over the erection of new communications towers.
(2)
Performance standards:
(a)
Each application for a conditional use permit, site plan approval, and/or building permit under this subsection shall include the following information:
1.
The name and business address of, and the contact individual for, the applicant.
2.
The location of the proposed or affected communications tower or other support structure.
3.
The location of the proposed equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment.
4.
If the application is for a substantial modification to an existing communications tower or other support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. For purposes of this Subsection C, "substantial modification" means the modification of a communications tower, including the mounting of an antenna on such a structure, that does any of the following:
[a]
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
[b]
For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.
[c]
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
[d]
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
5.
If the application is to construct a new communications tower, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
6.
If an application is to construct a new communications tower, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
7.
Evidence and information to indicate compliance or intent to obtain compliance with other applicable provisions of this subsection and chapter.
(b)
Each communications tower and modification thereto shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(c)
If an application is to construct a new communications tower, the village may consult with a third party to verify that co-location on an existing communication tower or other support structure within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. All costs and expenses associated with such consultation shall be borne by the applicant, except for travel expenses. Failure to pay such costs and expenses or provide related information to the third-party consultant shall be grounds for denial of the conditional use permit.
(d)
Each communications tower shall be placed or constructed so it can be utilized for the co-location of additional antenna arrays to the extent technologically and economically feasible. The village shall, unless it is shown to be unreasonable, condition the granting of each conditional use permit upon the applicant placing or constructing the communications tower to accommodate, at a minimum height of 150 feet, the co-location of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Co-location sites need not be available on the tower as initially placed or constructed, provided that the tower will support the later addition of the required number of co-location sites at the specified minimum height. The holder of each conditional use permit under this subsection C and the predecessor chapter shall make the co-location sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the co-location sites and a fair return on investment.
(e)
Each communications tower and associated equipment shall, to the extent determined possible by the village board, be installed in a fashion to lessen the visual impacts of such installation.
(f)
For communications towers erected after the effective date of this chapter, and in conjunction with the installation of new ground-mounted buildings or equipment totaling 300 square feet or greater, the applicant shall provide a buffer yard meeting the requirements of subsection 520-79.C(4) along all property borders abutting residentially zoned property. Other landscaping requirements of article XI shall also apply.
(g)
A new or amended conditional use permit and site plan shall be required for a substantial modification to an existing communications tower. Neither a conditional use permit nor site plan approval shall be required for any modification, including co-location, that is not defined as a "substantial modification," but a building permit shall be required.
(h)
Prior to the issuance of a building permit for a communications tower erected after the effective date of this chapter, the applicant shall provide a written agreement stating that if the communications tower, antennas, or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower, antennas, or transmitters upon written request from the zoning administrator at no cost to the village within 60 days of such request. If such listed items are not removed within 60 days of such notification, the village may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the village with written notice of the cessation of use. A performance bond or deposit of $20,000 shall be required to ensure compliance with all applicable requirements for removal of the communications tower and equipment.
(i)
The owner of any communications tower shall maintain insurance against liability for personal injury, death, or property damage caused by the maintenance and/or operation of the communications tower and accessory structures with a single combined limit of not less than $1,000,000 per occurrence. The policy shall contain a provision that it may not be canceled or materially modified without the approval of the village. The owner shall provide the village with a certificate of such insurance before issuance of a building permit and upon each policy renewal thereafter.
(j)
Upon written inquiry from the village, the recipient of a conditional use permit under this subsection C shall have the burden of presenting credible evidence establishing the continued compliance with the approved plans and all conditions placed upon the conditional use permit. Failure to establish compliance with the approved plans and all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. If the village determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all costs and expenses associated with such consultation shall be borne by the holder of subject conditional use permit, except for travel expenses. Failure to pay such costs and expenses or provide information requested by the village shall be grounds for revocation of the conditional use permit.
(k)
Upon written inquiry from the village, any owner or operator of a communications tower shall provide information on the tower, including but not limited to available sites on the tower for potential co-locators; evidence that such co-location sites are in fact available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the tower owner to recoup the cost of providing the co-location sites and a fair return on investment; contact information for future co-location inquiries that the village may receive; and number and placement of antenna arrays and ground-mounted equipment, type of service provided (e.g., 4G LTE, etc.), contact information, and expiration dates of user agreements or leases associated with all current users of the tower.
(l)
In its evaluation of any permit or plan approval for a communications tower, the applicable limitations under Wis. Stats. §§ 66.0404(4) and 66.0406(2) shall apply.
(m)
Minimum required off-street parking: one space per each employee vehicle needed for ongoing maintenance.
(n)
A minimum setback equal to the total height of the tower shall be required for any communications tower that is adjacent to a parcel that has single-family detached residences as a permitted use. See section 520-17 (chapter 520 attachment 1) and section 520-18 (chapter 520 attachment 2) for zoning districts that have single-family detached residences as a permitted land use.
D.
Nonmetallic mineral extraction.
(1)
Nonmetallic mineral extraction uses are any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Wisconsin Statutes may limit village regulation of nonmetallic mineral extraction operations associated with projects completed by the state department of transportation.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, each application for approval of a new or expanded nonmetallic mineral extraction operation shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be extracted; proposed dates to begin extraction, end extraction, and complete reclamation; geologic composition and depth and thickness of the mineral deposit; existing use of the land and proposed use after reclamation; existing natural and archaeological features on and adjacent to the site; where extracted materials would be hauled and over what roads; types, quantities, and frequency of use of equipment to extract, process, and haul; types of materials and equipment used or stored on site; whether and how frequently blasting, drilling, mining, crushing, screening, washing, refueling, fuel storage, asphalt batching, or concrete mixing would be performed on site; if washing is to be performed, estimated daily quantity of water required, its source and its disposition; whether excavation will occur below the water table and, if so, how ground water quality will be protected; description and elevations of all temporary or permanent structures; proposed hours and days of operation; and any special measures that will be used for spill prevention and control, dust control, or environmental protection.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; all dwellings and private and municipal wells within 1,000 feet; location of the proposed extraction, staging areas, fueling, fuel storage, and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of screening berms, fencing, and/or landscaping; and proposed temporary and permanent structures, including scales and offices.
3.
An erosion control plan, drawn to scale by a professional engineer, meeting all applicable village, state, and county requirements.
4.
A reclamation plan prepared in accordance with the Wisconsin Administrative Code and the county nonmetallic mining reclamation ordinance, and clearly depicting proposed stages of restoration, proposed contours following restoration, depth of topsoil and vegetative cover, and proposed land use.
(b)
Each nonmetallic mineral extraction operation, regardless of when established, shall have on file with the zoning administrator current operational, erosion control, and reclamation plans covering the subject matter in subsection A above, in no case later than 180 days from the effective date of this chapter. Operations established before the effective date of this chapter shall operate and restore the site in compliance with previous approved plans and conditions; with the provisions of this chapter; and to assure public safety, minimization of nuisances, and proper restoration of the site, provided that such requirements shall not be economically and technically unreasonable with respect to existing conditions.
(c)
For new and expanded operations, a buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
The conditional use permit may include limits on the amount of time the nonmetallic mineral extraction use shall remain in operation and/or hours and days of operation.
(e)
The conditional use permit may include restrictions and/or hours for blasting, drilling, screening, asphalt batching, washing, and other processing.
(f)
All mineral extraction activities and washing, crushing and similar processing shall be at least 50 feet from any right-of-way or property line, and 200 feet from a residential dwelling. All ancillary operations, such as offices, parking areas, and stockpiles, shall be at least 50 feet from any right-of-way or property line. This provision shall apply to all nonmetallic mineral extraction operations, including preexisting ones, except to the extent that buildings, structures, and surface activity areas were closer than specified as of the effective date of this chapter.
(g)
To prevent tracking of mud onto public roads, access driveways for all new and expanded nonmetallic operations shall be hard-surfaced within 50 feet of the public right-of-way, unless the adjacent road is not hard-surfaced.
(h)
All public roads to all nonmetallic mineral extraction operations, including operations established prior to the effective date of this chapter, shall be kept free of all mud, debris, and dust by sweeping or other means.
(i)
Access to all nonmetallic mineral extraction sites shall only be through points designated as entrances on the site or operations plan map or as otherwise legally established. The operator shall secure such access points when the site is not in operation.
(j)
For all nonmetallic mineral extraction operations, the site and driveway shall be sprayed to control dust, except when the temperature is below freezing. Spraying may also be required in and around the excavation pit to further reduce dust. All operations and sites, regardless of when established, shall also meet the air pollution standards in section 520-92.
(k)
The conditional use permit may include provisions for the upgrade, repair, and maintenance of public roads serving the use, which shall depend on the intensity of the operation and the existing condition and capacity of such roads. A bond or other performance guarantee for such work may be required as part of the conditional use permit provided that a clear relationship is established between the operation and the need for road upgrades, repair, and maintenance.
(l)
If any public road is damaged or destroyed as a result of any nonmetallic mineral extraction operation, including operations established prior to the effective date of this chapter, the owner shall restore or pay for the restoration of the same to an acceptable condition and value. The owner shall have the right to show and bear the burden of proof in showing that the indicated damage was not the result of its operation.
(m)
On-site bulk fuel storage areas and areas for fueling of equipment shall be located in accordance with the Wisconsin Administrative Code and state statutes. A conditional use permit granted for a new or expanded operation may also require that such areas, facilities, and equipment be located above the water table to minimize the potential for groundwater contamination.
(n)
If blasting, drilling, or other processing is requested, additional standards or conditions may be applied to the conditional use permit with relation to frequency, dust, noise and vibration levels, notice to neighbors, pre-inspection of neighboring basements and wells, and claims procedures in accordance with the Wisconsin Administrative Code.
(o)
For all nonmetallic mineral extraction operations, including operations established prior to the effective date of this chapter, noise levels shall kept at or below allowable limits under section 520-91.
(p)
For nonmetallic mineral extraction operations established or expanded after the effective date of this chapter, the area of extraction shall be completely enclosed by a security fence meeting applicable requirements of section 520-83, or maintained at a slope not to exceed 3:1.
(q)
The owner of each nonmetallic mineral extraction operation, regardless of when established, shall maintain insurance against liability for personal injury, death or property damage caused by the maintenance and/or operation of the nonmetallic mineral extraction operation and accessory structures. Such insurance policy shall have a single combined limit of not less than $1,000,000.00 per occurrence and contain a provision that it may not be canceled or materially modified without the approval of the village. The owner shall provide the zoning administrator with a certificate of such insurance before issuance of a building permit, upon each policy renewal thereafter, and otherwise upon written request.
(r)
Upon written inquiry from the village, each nonmetallic mineral extraction operation, regardless of when established, shall have the burden of presenting credible evidence establishing the continued compliance with applicable provisions of this subsection D, and approved plans and conditions placed upon the conditional use permit or any other prior or subsequent village approval. Failure to establish compliance with applicable provision, the approved plans, and all conditions placed upon the conditional use permit or other village approval shall be grounds for revocation of the permit. If the village determines that it is necessary to consult with a third party to ascertain compliance, all costs and expenses associated with such consultation shall be borne by the owner of the nonmetallic mineral extraction operation. Failure to pay such costs and expenses or provide information requested by the village shall be grounds for revocation of the conditional use permit or other village approval, and/or enforcement under the provisions of this chapter.
(s)
Minimum required off-street parking: one space per each employee on the largest work shift.
(Ord. No. 16-07, 6-20-2016; Ord. No. 18-09, 6-26-2018; Ord. No. 20-23, 10-27-2020; Ord. No. 21-04, 2-23-2021)
A.
Detached accessory structure (for nonresidential use).
(1)
Such structure is an accessory structure serving a nonresidential principal land use and building (e.g., an industry or commercial service use), but not attached to the principal building.
(2)
Performance standards:
(a)
Any such structure exceeding 2,000 square feet or the maximum height for an accessory structure established in figures V(5) and V(6) [6] shall be regulated as a principal structure.
(b)
No detached accessory structure (for nonresidential use) shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise stated in this chapter.
(c)
See figures V(5) and V(6) for setback, floor area, and coverage standards associated with detached accessory structures in nonresidential zoning districts.
(d)
Except within an agricultural zoning district, no hoop building or structure of similar design shall be permitted as a detached accessory structure (for nonresidential use), except on a temporary basis for a maximum of five consecutive days within a 30-day period for a special event such as a sale or on the property following issuance of a temporary use permit.
(e)
No detached accessory structure (for nonresidential use) shall be occupied as a dwelling unit or otherwise used for human habitation, unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
(f)
Each detached accessory structure (for nonresidential use) shall meet associated building and site design standards in section 520-76.
B.
Detached accessory structure (for residential use).
(1)
Such structure is an accessory structure serving a residential principal land use and building (e.g., a house or apartment building), but not attached to the principal building. It includes detached residential garages (including carports attached to detached garages) designed primarily to shelter parked passenger vehicles; utility sheds used primarily to store residential maintenance equipment for the same property; private recreation structures such as gazebos, and detached elevated decks or walkways associated with residential uses. Pole buildings shall be prohibited in any residential zoning district.
(2)
Performance standards.
(a)
See figures V(1) and V(2) [7] for the setback, floor area, and coverage standards associated with detached accessory structures in residential and rural residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) for each zoning district.
(b)
No detached accessory structure (for residential use) shall be constructed on any lot prior to the establishment of a principal use on that same lot.
(c)
Except within the Agricultural and Residential Zoning District, no hoop building shall be permitted as a detached accessory structure (for residential use), except on a temporary basis for a maximum of five consecutive days within a 30-day period for a special event such as a sale on the property following the issuance of a temporary use permit.
(d)
Exterior walls of residential detached accessory structures shall be sided with wood, masonry, concrete, stucco, Masonite, vinyl or metal lap, or similar material approved by the zoning administrator. The exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground. Siding shall be of similar material and color as the siding on the principal structure, except that where the siding on the principal building is stone or brick, another compatible material may be selected.
(e)
Roofs of residential detached accessory structures shall be surfaced with any of the following materials: wood shakes; asphalt, composition, or wood shingles; clay, concrete or metal tiles; slate; built-up gravel materials; architectural standing seam metal roofing; metal roofing; rubber membrane (for flat roofs or roofs with no greater than a 1:12 pitch); or similar material approved by the zoning administrator. Shingles or other roof surfaces shall be of similar material and color as the roof surface of the principal building.
(f)
No detached accessory structure (for residential use) shall be taller or have more floors above ground level than the principal building.
(g)
No detached accessory structure (for residential use) shall occupy any portion of the minimum required front setback for principal structures in the zoning district.
(h)
No detached accessory structure (for residential use) shall be located closer than ten feet from any other building on the lot, unless applicable building code requirements for one-hour fire-rated construction are met.
(i)
No detached accessory structure (for residential use) shall involve or include the conduct of any business, trade, or industry, except for home occupations and residential businesses as described and limited elsewhere in this article IV.
(j)
No detached accessory structure (for residential use) shall be occupied as a dwelling unit or otherwise used for human habitation unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
C.
Family day-care home (four to eight children). Occupied residences in which qualified persons provide child care for four to eight children. The care of fewer than four children is not subject to the regulations of this chapter. See also Wis. Stats. § 66.1017(1)(a). These shall not be considered home occupations or residential businesses for purposes of this chapter.
D.
Intermediate day-care home (nine to 15 children). Occupied residences in which qualified persons provide child care for nine to 15 children. See also Wis. Stats. § 48.65. These shall not be considered home occupations or residential businesses for purposes of this chapter.
E.
Home occupation.
(1)
A home occupation is a low-impact economic activity performed within a dwelling unit and/or its attached garage, where the principal use of the lot is the residence of the person conducting the economic activity.
(2)
Performance standards:
(a)
The occupation shall be conducted only within the dwelling and/or an attached garage.
(b)
The area used to conduct the home occupation shall not exceed 25 percent of the improved square footage of the dwelling unit, excluding the garage, and shall not exceed 25 percent of the area of any floor.
(c)
A home occupation shall be undertaken only by a member of the immediate family residing on the premises.
(d)
There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling, except for signage. Signage shall be as permitted for home occupations in article XIII.
(e)
No activity, materials, goods or equipment incidental to the home occupation shall be externally visible, except for one licensed car, van, or light-duty truck used for the home occupation and external storage normally allowed for the principal residential use.
(f)
No home occupation shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood.
(g)
No mechanical or electrical equipment may be used other than such as customarily incidental to domestic use or that creates any disturbance at the property line.
(h)
The use shall not involve the use of commercial vehicles for more than the occasional delivery of materials to or from the premises.
(i)
No home occupation, combined with the principal residential use of the property, shall generate more than 15 vehicle trips per day.
F.
Residential business.
(1)
Compared to a home occupation, a residential business is a higher-impact economic activity performed in a dwelling unit, its attached garage, and/or its detached accessory structure (for residential use), where the principal use of the lot remains the residence of the person primarily conducting the economic activity.
(2)
Performance standards:
(a)
A residential business may be conducted within the dwelling, an attached garage, and/or in a permanent detached accessory structure (for residential use).
(b)
The area used to conduct the residential business shall not exceed 25 percent of the improved square footage of the principal dwelling unit, excluding any attached garage.
(c)
The plan commission may impose additional limitations on the percentage of the property and/or buildings that may be devoted to the occupation.
(d)
Subject to plan commission approval, a residential business may employ up to one employee living off site, provided an immediate family member residing on site is the principal owner and operator of the business.
(e)
No activity, materials, goods or equipment incidental to the residential business shall be externally visible, except for one licensed car, van, or light-duty truck used for the residential business and external storage normally allowed for the principal residential use.
(f)
No residential business may include retail sales other than items produced or value-added on site. The plan commission may prohibit or limit the on-site sale of items or products produced or enhanced on the premises.
(g)
No residential business shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood.
(h)
No mechanical or electrical equipment may be used that creates any disturbance at the property line.
(i)
Signage shall be as permitted for residential businesses in article XIII.
(j)
Each conditional use permit for a residential business shall run with the applicant and not with the land.
G.
Animal fancier. An accessory use wherein a person who owns or keeps, within or adjoining a residence, four to ten dogs or five to ten cats for personal and noncommercial purposes, which are limited to hunting, tracking, exhibition in dog shows, obedience trials, field trials, dog sledding, animal foster rescue or to enhance or perpetuate a given breed, and who has secured a license for such activity in accordance with the provisions of this chapter and chapter 200 of the Kronenwetter Municipal Code.
H.
Keeping of farm animals on residential lots.
(1)
This is the keeping or raising of farm animals on a residential lot, in zoning districts where allowed under figure 520-17 [8] and where such activity is clearly accessory to the principal residential use. Farm animals are as defined in article XVI. The animals may be kept for show, breeding, or products that are predominantly consumed or used by the residents of the same lot. Gardening and residential composting are allowed in all zoning districts.
(2)
Performance standards:
(a)
All animals shall be kept within a completely enclosed area.
(b)
Uses shall meet all performance standards in article XII, including odor standards in section 520-93.
(c)
To be considered an accessory use within any RR-2 Zoning District:
1.
The only permitted farm animals are chickens, ducks, and bees.
2.
All animal enclosures and beehives shall meet the minimum interior side and rear setback requirements for detached accessory buildings per figure V(2).
3.
No animal enclosure shall be located closer than ten feet from the principal building.
4.
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage.
(d)
Within the AR and RR-5 Zoning Districts:
1.
The keeping or raising of hogs as an accessory use to the principal residential use shall be limited to no more than two hogs.
2.
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage. The zoning administrator may approve modifications and exceptions to this animal unit density standard if, each year the normal density standard is to be exceeded, the landowner provides conservation compliance documentation from Marathon County signifying that the keeping of a higher density of animal units is in compliance with all NR 151 agricultural runoff performance standards and prohibitions.
(e)
The keeping of bees shall be governed by the following additional regulations:
1.
No more than one beehive shall be kept for each 5,000 square feet of lot area.
2.
The front of any beehive shall face away from the property line of the residential property closest to the beehive. A flyway barrier consisting of a solid fence of six feet in height or a dense hedge at least six feet in height shall be placed along the side of the beehive that contains the entrance to the hive, be located within five feet of the hive, and extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 25 feet from all property lines.
3.
A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
4.
No Africanized bees may be kept.
I.
Company cafeteria. A food service operation that provides food only to company employees and their guests, meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.
J.
Company-provided on-site recreation or child care. Any recreational or child-care facility located on the same site as a principal land use, and that is reserved solely for the use of company employees and their occasional guests, and licensed as may be required by the state.
K.
Indoor sales incidental to storage or light industrial land use.
(1)
Such sales include any retail sales activity conducted exclusively indoors that is incidental to a principal land use such as warehousing, wholesaling, or any light industrial land use on the same site.
(2)
Performance standards:
(a)
The total gross floor area devoted to sales activity shall not exceed 25 percent of the total gross floor area of the buildings on the property. Areas devoted to uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit.
(b)
The indoor sales area shall be physically separated by a wall from other activity areas.
(c)
Parking requirement: Adequate parking, per the requirements for indoor sales or service land uses, shall be provided for customers. Said parking shall be in addition to that required for the light industrial or other uses on the lot.
L.
Light industrial activities incidental to indoor sales or services.
(1)
Such activities are any light industrial uses conducted exclusively indoors that are incidental to another principal land use such as an indoor sales or service land use on the same site.
(2)
Performance standards:
(a)
Such activities must be conducted exclusively indoors.
(b)
The floor area devoted to light industrial activities must not exceed 75 percent of the total floor area of the buildings on the property.
(c)
Such activity area must be physically separated by a wall from other activity areas that are available for public access.
(d)
Such activities must not generate any noise, odor, or vibration at any property line.
(e)
Such activities may not operate between the hours of 9:00 p.m. and 6:00 a.m.
M.
Outdoor display incidental to indoor sales or service.
(1)
Such display is any outdoor display use as defined in subsection 520-23.F of this section that does not exceed 15 percent of the total sales area of the principal building on the site, or 15 percent of the gross floor area of the principal use(s) with which it is associated, whichever is less.
(2)
Performance standards:
(a)
Such displays shall comply with all conditions applicable to a principal outdoor display principal use.
N.
Outdoor alcohol area.
(1)
Outdoor alcohol areas are those that serve or allow for the consumption of alcohol outside of the principal structure, generally associated with an approved indoor commercial entertainment use such as a restaurant, tavern, bar, and/or live music venue, but possibly also certain indoor institutional uses and other land uses. Examples of outdoor alcohol areas include, but are not limited to, beer gardens and outdoor dining and recreational areas (e.g., volleyball courts) that allow the consumption of alcohol.
(2)
Performance standards. The following standards shall apply to all outdoor alcohol areas established or expanded after the effective date of this chapter:
(a)
When the property is located within 100 feet of a residential district lot line, an outdoor alcohol area shall require a conditional use permit.
(b)
Non-temporary outdoor alcohol areas shall be set back a minimum of 100 feet from any residential use in any zoning district and provide a buffer yard meeting the requirements of subsection 520-79.C(4) along all property borders abutting residentially zoned property.
(c)
The maximum allowable area for an outdoor alcohol area shall not exceed 50 percent of the indoor gross floor area where accessory to a principal indoor commercial entertainment use.
(d)
The exterior may be required to be enclosed with a fence or wall as limited by state statute. Emergency exits shall be provided in accordance with applicable fire and building codes.
(e)
Except as a temporary use or in conjunction with a recreational use, an outdoor alcohol area must be located on an impervious surface or hard all-weather decking material.
(f)
Except where otherwise specified by the conditional use permit, outdoor alcohol areas shall not open earlier than 7:00 a.m. or remain open later than 11:00 p.m. on any day.
(g)
Except where otherwise limited by conditional use permit, outdoor alcohol areas may play amplified music, whether live or recorded, and may have speakers, microphones, televisions, or other audio or video devices, provided all noise standards established in section 520-91 are met.
(h)
Outdoor alcohol areas shall at all times comply with all applicable regulations concerning accessibility and nondiscrimination in the providing of service.
(i)
Conditional use permit applications shall include operational details and site plan details addressing each of the requirements above in addition to the requirements for site plan review in section 520-124. Any application for this use directly abutting a public right-of-way shall include details regarding the specific location of public street improvements, and how the activity will be kept off of the public street.
(j)
Each outdoor alcohol area shall meet all state and local permit and license requirements before commencing operations and at all times during operation, including but not limited to a local liquor license and a state department of health and family services permit to operate said establishment pursuant to Wis. Stats, ch. 254.
(k)
Minimum off-street parking requirements: one space for every three persons at the maximum capacity of the outdoor alcohol area.
O.
Small exterior communication device.
(1)
Such devices include rooftop antennas 15 feet in height or less as measured from the highest part of the roof to the top of the antenna and satellite dishes; and/or ground-mounted antenna arrays 15 feet in height or less as measured from the ground, with an area of seven square feet or less, generally used for receiving television, radio, telephone, or internet reception, but allowable for other forms of transmission or reception (except for cellular and digital communication facilities).
(2)
Performance standards:
(a)
Small exterior communications devices shall meet setback standards applicable to accessory structures.
(b)
Small exterior communications devices shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Code, Federal Communications Commission, and the instructions of the manufacturer.
P.
Large exterior communications device.
(1)
Such device includes any apparatus capable of sending and/or receiving communications from a transmitter or a transmitter relay, and consisting of satellite dishes with an area greater than seven square feet; antennas greater than 15 feet in height as measured from highest part of the roof to the top of the antenna; and/or ground-mounted antenna arrays 15 feet in height or greater as measured from the ground. It does not include any commercial cellular and digital communication facilities that are mounted on a communications tower, which instead was described and regulated as a principal use earlier in this article. Amateur radio towers shall be considered a large exterior communications device. The village shall make reasonable efforts to provide minimal practical restrictions for the approval of such structures that meet the purpose of this chapter.
(2)
Performance standards:
(a)
No large exterior communications device shall be erected or installed within the front yard or street side yard. In nonresidential districts, if reasonable reception of signals is not possible within an interior side or rear yard placement due to the physical characteristics of the lot and area, such facility may be placed in the front yard or street side yard, or on a building roof. Any ground-mounted device and its supporting structure shall be located a minimum of ten feet from any interior side or rear property line.
(b)
There shall be not more than one large exterior communications device per residentially zoned lot. On residentially zoned lands, large exterior communications devices shall not be allowed on rooftops, and the total height of ground-mounted signal-receiving devices and any platform or structure upon which said device is mounted or affixed shall not exceed 15 feet in height as measured from the ground to the highest point of the device.
(c)
Signal-receiving antennas attached to any structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The zoning administrator may require engineering calculations.
(d)
The signal-receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services or cellular transmission.
(e)
In nonresidential zoning districts, ground-mounted signal receiving devices, including any platform or structure upon which said device is mounted or affixed, may not exceed 18 feet in height.
(f)
All such devices shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.
(g)
Large exterior communication devices shall be erected and installed in accordance with the Wisconsin State Electrical Code adopted by reference in the National Electrical Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables, and conduits must also be underground. The location of all such underground lines, cables, and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.
(h)
No form of advertising or identification sign or mural is allowed on any part of the device other than the customary manufacturer's identification and warning plates.
(i)
Communications devices shall be filtered, positioned, and/or shielded so as to prevent the emission and reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on the same or adjacent properties in accordance with Federal Communications Commission regulations. In the event that harmful interference is caused subsequent to its installation, the owner of the communications device shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(j)
Supporting structures and equipment for antennas and satellite dishes shall be screened with foundation landscaping, decorative fencing, or placement within a building.
(k)
The installation and use of all signal-receiving antennas shall be in conformity with the Federal Cable Communications Policy Act of 1984 [9] and regulations adopted thereunder.
(l)
In making a recommendation on each conditional use permit application for an amateur radio communication device that exceeds 15 feet in height, the plan commission shall make reasonable efforts to formulate reasonable conditions and the minimal practical restrictions that will allow for the approval of such facilities and shall deny such application only if it finds that the requested use, if installed and operated in accordance with all reasonable conditions and restrictions, will cause a significant danger to the aesthetics, public safety or welfare of the surrounding area in accordance with Wis. Stats. § 62.23(7)(hf). It shall be a condition to each conditional use permit for an amateur radio communication device that the operation of the amateur radio service using such antenna shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission.
Q.
Geothermal energy system (GES).
(1)
A geothermal energy system (GES) is a central heating and/or cooling system that uses the moderate temperatures of subsurface ground or a body of water to assist with the heating or cooling of a building or a building's water. A GES requires an underground heat exchanger, in the form of a network of underground or underwater pipes or tubes filled with a liquid medium (refrigerant, water mixed with antifreeze, or water). The liquid medium within the heat exchanger is transferred between a structure and the heat exchanger via pumps. In an open loop GES, groundwater or surface water is continuously drawn from an outside source through the heat exchanger pipes and discharged after use. In a closed loop GES, the system is designed so that heat exchanger fluid does not come in direct contact with soils, groundwater, or surface water.
(2)
Performance standards:
(a)
Mechanical pumps used to move water between heat exchanger structures shall be located entirely within principal or accessory structures.
(b)
Underground GES pipes or tubes shall be set back a minimum of ten feet from any lot line, public right-of-way, buried utility line, utility easement, and permanently protected natural resource area.
(c)
Underground GESs shall comply with state requirements regarding setbacks from private or public water wells.
(d)
Earthmoving or drilling activities associated with installation or maintenance of the underground element of GES heat exchangers shall comply with applicable erosion control requirements.
(e)
Installation of a GES within the WHP Wellhead Protection Area Overlay District shall be allowed subject to review and approval by the director of public works and in accordance with all applicable licensing and permit requirements.
(f)
All activities, materials, structures, and products associated with the installation and maintenance of a GES shall comply with applicable state-approved standards and drilling permit procedures and shall meet the certification standards established by the IGSHPA or other professional geothermal system accreditation association recognized by the State of Wisconsin. Materials shall be able to withstand long-term exposure to the levels of moisture and/or acidity of soils of the site.
(g)
Open loop GESs using only water as the heat exchange fluid shall be permitted. GESs may not be installed directly in a navigable body of water, and discharged water shall meet the state requirements for thermal and other water pollutants. Discharged water shall not be directed onto adjacent property or interfere with the function of on-site or off-site stormwater management structures.
(h)
In closed loop GESs, only heat exchange fluids certified by the State of Wisconsin for use with underground heat exchangers may be utilized. Heat exchange fluids shall not pose a contamination hazard to groundwater quality. Fluids removed from closed loop heat exchangers shall be disposed of in accordance with state and federal requirements and shall not be discharged onto neighboring properties.
R.
Small wind energy system.
(1)
This is equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy with an installed nameplate capacity of not more than 100 kilowatts each and a total installed nameplate capacity of not more than 300 kilowatts.
(2)
Performance standards. The following performance standards shall apply to any new small wind energy system, and to any expansion or other material change to any existing small wind energy system:
(a)
It shall be subject to all definitions, provisions, and requirements of Wis. Adm. Code ch. PSC 128, and Wis. Stats. § 66.0401, that are applicable to small wind energy systems, including the owner's and the village's responsibilities under such requirements, except as limited by the standards below.
(b)
The height and setback of a small wind energy system near airports, heliports, or helipads shall be as follows:
1.
If near a public use airport, it shall comply with Wis. Stats. § 114.135 or § 114.136, or if no applicable height or setback provision is contained in such sections, it shall comply with Federal Aviation Administration obstruction standards in 14 CFR 77.
2.
If near a private use airport or private heliport/helipad at a medical facility used for air ambulance service, it shall comply with Federal Aviation Administration obstruction standards for private use airports or public use heliports/helipads, respectively.
3.
If the small wind energy system includes turbine-mounted lighting, such lighting shall include shielding or control systems approved by the Federal Aviation Administration to reduce visibility of lighting to individuals on the ground, to the extent determined practical by the zoning administrator.
(c)
No small wind energy system, or an expansion or material change to an existing system, shall be constructed prior to obtaining zoning and building permits. In addition to meeting zoning permit and building permit application requirements, the applicant shall submit all application materials required under Wis. Adm. Code § PSC 128.30(2), as limited for small wind energy systems by Wis. Adm. Code § PSC 128.60, along with information showing that the applicant has complied with the notice requirements in Wis. Adm. Code §§ PSC 128.105 and PSC 128.30(5), with such notices also providing contact information for the zoning administrator.
(d)
After receiving an application for zoning and building permit approval for a small wind energy system (or expansion or material change thereto), the zoning administrator shall:
1.
Determine the completeness of the application, and notify the applicant in writing whether the application is complete or incomplete, no later than 15 days after the day the application is filed.
2.
Publish a class 1 notice per Wis. Stats. § 66.0401(4)(a)1, including a brief description of the proposed small wind energy system, its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments, and the approximate schedule for review of the application by the village.
3.
Make the application available for public review at the nearest public library to the proposed installation and at the zoning administrator's office.
4.
Accept written public comments on the application for 20 days after the class 1 notice is published, or until the administrative hearing is held, whichever is later.
5.
Prior to action on the zoning and building permit, conduct an administrative hearing to obtain comments on and to inform the public about the proposed small wind energy system.
6.
Either grant or deny the land use permit within 60 days of the submittal of a complete application.
(e)
The village may hire professional consultants to assist with the review and processing of the application. In addition to paying the required permit fees, the applicant for any large wind energy system shall reimburse the village for such consultant time, within 30 days of receipt of an invoice from the village, per the requirements and limitations in Wis. Adm. Code § PSC 128.32(5)(b).
(f)
Per Wis. Adm. Code § PSC 128.33(5), the zoning administrator may require a written report from the owner of an approved small wind energy system, no greater than once per year, documenting compliance over the previous calendar year with the requirements of this chapter; Wis. Adm. Code ch. PSC 128; Wis. Stats. § 66.0401; approved plans, conditions of approval, the requirement to maintain the system in good repair and operating condition; including all necessary state and federal permits and approvals; and including the maintenance log for each wind turbine. The log must contain the date and time maintenance was performed, the nature of the maintenance performed, and the reason for the maintenance. Such written report shall be provided within 60 days of the zoning administrator's request.
(g)
In the event that the village determines that a small wind energy system does not comply with the requirements of this chapter; Wis. Adm. Code, ch. PSC 128; Wis. Stats. § 66.0401; approved plans, conditions of approval, and the requirement to maintain the system in good repair and operating condition, the zoning and building permits may be revoked per normal procedures associated with such permits.
S.
Small solar energy system.
(1)
A small solar energy system is an energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is accessory to the principal use of the lot (such as a solar panel system providing energy for a dwelling on the same lot), and primarily supplies energy to such principal use.
(2)
Performance standards:
(a)
Rooftop, ground-mounted, and building-mounted solar energy systems shall comply with the height limits and minimum required yards for principal structures.
(b)
The requirements of the Wisconsin Statutes, including but not limited to Wis. Stats. §§ 66.0401 and 66.0403, shall apply to all small solar energy systems.
T.
Outdoor solid-fuel-fired heating device (SFFHD).
(1)
An outdoor SFFHD is any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(2)
Performance standards:
(a)
The outdoor solid-fuel-fired heating device shall meet the standards set forth in chapter 218, article III, of the Village of Kronenwetter Municipal Code.
U.
Private lake (pond).
(1)
A private lake or pond is a man-made water body containing water year round.
(2)
Performance standards:
(a)
The slope of the proposed pond is no steeper than 3:1.
(b)
The perimeter of the pond and all other associated disturbed areas shall be planted with vegetation within five days of completion of the excavation or construction. In cases where pond construction occurs during frozen soil conditions, the establishment of vegetation cover may be delayed until soils have thawed.
(c)
The private lake or pond must meet the setback requirements normally applicable to a principal building in the associated zoning district.
(d)
The stocking of a private lake or pond with fish for personal use shall be permitted. Commercial fish hatcheries shall be regulated as an agricultural use. Commercial fishing ponds shall be regulated as an outdoor commercial entertainment use.
V.
Vehicle course or track.
(1)
A vehicle course or track is any privately operated track, course, circuit, strip, or loop designed for use by motorized vehicles such as automobiles, trucks, ATVs, motorcycles, motocross bikes, dirt bikes, snowmobiles, go-carts, or boats, where an accessory use. Such uses occasionally are operated for recreational purposes for family use. This use shall meet the following performance standards.
(2)
Performance standards:
(a)
Minimum lot size shall be five acres.
(b)
If such use abuts any residentially zoned or used property, all track facilities shall be located a minimum of 200 feet from such property, and such use shall not be permitted to have night lighting nor operate between 8:00 p.m. and 8:00 a.m.
(c)
Such uses may be subject to enforcement actions under nuisance law and article XII for noise, dust, or other impacts.
W.
Donation dropoff box or vending machine.
(1)
A donation dropoff box or vending machine is a freestanding receptacle located outside of a building that is used either to a) automatically dispense small consumer goods, such as beverages, candy, and DVDs, when money is inserted, or b) collect clothing, shoes, or other contributions, generally collected from persons not occupying the premises on which the receptacle is located and with such contributions generally intended for reuse elsewhere. The term does not include a trash container or recycling bin designed to contain waste from a household, business, or other land use on the same premises.
(2)
Performance standards. The following standards shall apply to all donation dropoff boxes or vending machines installed as of the effective date of this chapter:
(a)
They shall require issuance of a zoning permit prior to installation, which shall be issued only upon evidence of compliance with this subsection and receipt of written authorization by the property owner or his legal representative.
(b)
They shall be set back from property lines a distance equal to accessory buildings in the district.
(c)
They must be placed on a hard, all-weather surface.
(d)
They shall not obstruct pedestrian or vehicular circulation or be located in a public right-of-way or approved parking space.
(e)
They shall not be placed in a fire lane, loading zone, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
(f)
They may be constructed of painted metal, rubber, wood, or plastic and shall be properly maintained in a safe and good condition.
(g)
They shall not be accompanied by any items stored or left outside of the container that houses the donation dropoff box or vending machine. The area around each donation dropoff box or vending machine shall be maintained by the property owner, free of litter and any other undesirable materials. All donated items must be collected and stored in the donation dropoff box.
(h)
Each donation dropoff box shall:
1.
Have a firmly closing lid.
2.
Have a capacity no greater than six cubic yards.
3.
Not exceed seven feet in height.
4.
Be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time.
5.
Display a notice stating that no items or materials shall be left outside of the donation drop-off box.
(i)
Each donation dropoff box or vending machine not located or maintained in compliance with this article shall be subject to revocation of the zoning permit or other enforcement actions under this chapter.
X.
Residential greenhouse (for residential use).
(1)
A residential greenhouse is a structure that has a glass or plastic roof, has one or more glass or plastic paneled wall(s), has an area over 95% of which is used to grow or cultivate plants and is not used for retail sales, has 150 square feet in area or less and has no electricity, HVAC or plumbing.
(2)
Performance standards.
(a)
Each property is allowed one greenhouse. This accessory structure will not count towards accessory structure quantity but does contribute to a property's accessory structure square footage allowance.
1.
See 520 attachment 3 - figure V(1): Rural, Open Space and Residential District Lot Dimension and Intensity Standards for maximum accessory structure floor area allowance calculations for each residential zoning district.
(b)
Such building shall be constructed on a permanent base consisting of at least six inches of gravel, three inches of concrete or a wooden platform. Each structure must be anchored to the base at a minimum of four points.
(c)
Such structure shall be framed with either wood, aluminum, iron, steel or other structurally sound material. Glass or plastic paneling shall be permitted for the sides. Utilizing tarps or any tarp-like material is prohibited.
(d)
Each residential greenhouse floor area shall be equal to or less than 150 square feet.
(e)
The maximum height of a greenhouse shall not exceed 15 feet.
(f)
Such structure must be detached from the primary residence and be set back a minimum of ten feet from any other structure on the property.
(g)
Such structures may not be constructed with electricity, HVAC or plumbing.
(h)
Per zoning administrator approval, in addition to a separate building permit application, items such as active solar panels, passive solar panels, water catchment systems, water storage systems, etc., can all be added to a residential greenhouse. Such items must be continuously maintained.
(i)
Such structure shall be used primarily for growing or cultivating plants, not storage or human habitation.
(j)
See figures V(1) and V(2) for setback, floor area, and coverage standards associated with detached accessory structures in residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) [10].
(k)
Residential greenhouses shall require the same fee as a typical detached yard shed for residential use.
(l)
Each structure shall be constructed to ensure strength and durability during the winter months.
Y.
Detached post-frame accessory buildings.
(1)
Post-frame buildings use high-quality, large sawn timber or laminated columns spaced at intervals. Generally, they are built on a concrete slab or utilize a gravel floor. The concrete floor can be added after the posts have been embedded into the ground or the posts can be anchored directly to a concrete slab. The frame in post-frame buildings consists of the posts and trusses creating one structural unit.
(2)
Performance standards.
(a)
Post-frame accessory buildings are permitted in all rural and open space zoned districts (RR2, RR5, AR, and PR).
(b)
See figures V(1) and V(2) [11] for the setback, floor area, and coverage standards associated with detached accessory structures in residential and rural residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) for each zoning district.
(c)Detached post-frame accessory buildings are considered a principal use in their permitted zoning districts. See figure V(2) for setback standards associated with primary structures in residential and rural residential zoning districts.
(d)
No detached post-frame accessory building shall be located closer than ten feet from any other building on the lot unless applicable building code requirements for one-hour fire-rated construction are met.
(e)
No detached post-frame accessory building shall involve or include the conduct of any business, trade, or industry, except for home occupations and residential businesses as described and limited elsewhere in this article IV.
(f)
No post-frame accessory building shall be occupied as a dwelling unit or otherwise used for human habitation unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
(Ord. No. 16-07, 6-20-2016; Ord. No. 17-07, 4-11-2017; Ord. No. 17-20, 9-26-2017; Ord. No. 20-04, 2-25-2020; Ord. No. 21-05, 2-23-2021)
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
A.
Temporary outdoor sales.
(1)
Temporary outdoor sales include the short-term display and/or sale of any items outside the confines of a building. Examples of this land use include but are not limited to seasonal garden shops, tent sales, flea markets, and church sales. This category does not include garage, yard, estate, and in-home sales, seasonal outdoor sales of farm products (including farmers markets) or drive-in or drive-through sales or service.
(2)
Performance standards:
(a)
Each such use shall not exceed 28 days in any calendar year, except via plan commission approval of a site plan under section 520-124.
(b)
In commercial and industrial zoning districts, the products displayed and sold outdoors shall be of the same general nature as the permanent retail activity conducted on the property.
(c)
There shall be no evidence of the temporary outdoor sales use 24 hours before or after the sales are permitted, either on site or off site.
(d)
No fireworks stands are permitted.
(e)
The applicant and operator shall comply with temporary use review and approval procedures in section 520-122. A temporary use permit shall only be issued to the owner/operator of the associated permanent use of the property.
(f)
The applicant or operator shall provide a layout of the activities, and additional details if requested by the zoning administrator.
(g)
The operator shall provide a parking area.
B.
Garage, yard, estate, and in-home sales.
(1)
Such sales include the short-term display and sales of household products in a residence, residential garage, driveway, or yard, whether for one family or multiple families.
(2)
Performance standards:
(a)
Such sales shall be limited to properties in residential use.
(b)
Such sales may only be conducted by or on behalf of the occupants of the residence.
(c)
Such sales shall be limited to a maximum of three sales per year, with a maximum duration of three days per sale.
(d)
Such sales shall not require a temporary use review and approval under section 520-122.
(e)
Signs shall meet applicable temporary sign standards in section 520-107. No sign shall be placed in the public right-of-way, except with the express consent of the zoning administrator.
C.
Outdoor assembly or special event.
(1)
An outdoor assembly or special event includes any organized assembly of more than 200 persons, outdoors, including church festivals, community events, and other similar activities open to the public, but excluding one-time and occasional auctions, weddings, funerals, family reunions, and other similar private events.
(2)
Performance standards:
(a)
Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b)
Adequate parking, drinking water, toilet facilities, and crowd control shall be provided.
(c)
If the subject property is located within or adjacent to a residentially zoned area, activities shall be limited to daylight hours, unless licensed for longer hours.
(d)
Each such use or activity shall not exceed 14 days per quarter.
(e)
The applicant and operator shall comply with temporary use review and approval procedures in section 520-122.
D.
Contractor's project office.
(1)
A contractor's project office includes any structure containing an on-site construction management office for an active construction project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences, and shall be removed within ten days of issuance of an occupancy permit for all structures on the construction site.
(b)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
E.
Contractor's on-site equipment storage facility.
(1)
Such facility includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences, and shall be removed within ten days of issuance of an occupancy permit for all structures on the construction site.
(b)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
F.
Relocatable building.
(1)
A relocatable building includes any manufactured building that serves as a temporary building, supplementing permanent buildings on the site, but not including other temporary uses or buildings included in this section. Examples include temporary classrooms and temporary manufacturing facilities.
(2)
Performance standards:
(a)
The building shall conform to all setbacks and regulations for principal buildings in the associated zoning district as provided in article V.
(b)
The building shall conform to all building code regulations.
(c)
Each such building shall not be placed on a site more than 120 days in any calendar year, except by conditional use permit.
(d)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
G.
On-site real estate sales office.
(1)
An on-site real estate sales office includes any building that serves as an on-site sales office for a development project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences.
(b)
The office shall be removed or converted to a permitted land use within ten days of the completion of sales activity.
(c)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
H.
Seasonal outdoor sales of farm products.
(1)
Seasonal outdoor sales of farm products includes outdoor displays and sales of farm products on a seasonal basis as an accessory use, including but not limited to seasonal roadside stands, farmers markets, and Christmas tree lots.
(2)
Performance standards:
(a)
The display of products shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b)
If the subject property is located adjacent to residentially zoned property, sales and display activities shall be limited to daylight hours.
(c)
Each such use shall not exceed 120 days in any calendar year.
(d)
Roadside stands, less than 200 square feet in area, shall be set back a minimum of 20 feet from the existing road right-of-way line and 20 feet from any other lot line.
(e)
Shall comply with temporary use review and approval procedures in section 520-122.
I.
Temporary portable storage container.
(1)
Such container is a portable storage container designed and used primarily for temporary storage of household goods and other such materials for use on a limited basis on residential property. Also known as a "pod."
(2)
Performance standards:
(a)
The container shall be permitted on the property for up to 30 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease.
(b)
The temporary portable storage container cannot encroach on the public right-of-way, neighboring property, or sidewalk, or be placed in the street. The unit must be sited on a hard- or gravel-surface.
(c)
Such container shall comply with temporary use review and approval procedures in section 520-122.
J.
Temporary shelter.
(1)
Temporary shelters are shelters that are typically supported by poles, have a fabric, metal, or vinyl roof and/or sides, and are usually used to shelter automobiles, boats, recreational vehicles, temporary sales use, and gatherings of people on a temporary basis. These structures are not designed for the snow loading that can occur during the winter months.
(2)
Performance standards:
(a)
Such shelter shall be a permitted as a temporary use only, for a maximum of five consecutive days within a thirty-day period.
(b)
Such shelter shall comply with temporary use review and approval procedures in section 520-122.
(c)
Such shelter shall be anchored per the manufacturer's specifications.
K.
Temporary agricultural structure.
(1)
Such structures are temporary structures normally accessory and incidental to farming operations.
(2)
Performance standards:
(a)
Such structure shall be permitted as a temporary use only, for a maximum of 90 days.
(b)
The parcel the structure is proposed to be located on shall be a minimum of 20 acres in area.
(c)
The structure shall conform to the underlying zoning district's setback regulations.
(d)
The structure must be affixed to the ground or a structure to prevent the wind from relocating the structure.
(e)
Need not comply with temporary use review and approval procedures in section 520-122.
L.
Temporary unscreened outdoor storage accessory to industrial use.
(1)
This includes provisions for the temporary unscreened or marginally screened outdoor storage of products, equipment, or supplies used by a principal light industrial or heavy industrial use on the same property, intended to address one-time and rare occasions of heavy activity in the business.
(2)
Performance standards:
(a)
Such use shall be a permitted as a temporary use only, for a maximum of 90 days.
(b)
The building shall conform to all setback regulations for principal buildings.
(c)
Such use shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(d)
The zoning administrator may limit such storage to only those uses and lots where a site plan approved after the effective date of this chapter designated the possibility of temporary unscreened outdoor storage accessory to an industrial use.
(e)
The zoning administrator may require measures to screen or buffer the storage area, or direct the placement to a location that minimizes visual impact, to the extent practical.
(f)
Such use shall comply with temporary use review and approval procedures in section 520-122.
(Ord. No. 16-07, 6-20-2016)
LAND USE DESCRIPTIONS AND STANDARDS
A.
Article IV includes descriptions and performance standards for the land use types listed in figures 520-17 and 520-18 as permitted, conditional, or temporary uses in at least one standard zoning district. Where provided, performance standards shall be met as part of the establishment, expansion, and operation of land uses within the corresponding land use type.
B.
While the number of parking spaces for each land use type is provided in this article, other specifications for parking lots and spaces are provided in section 520-88.
(Ord. No. 16-07, 6-20-2016)
A.
Single-family detached residence.
(1)
A single-family detached residence is a dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) (see Wis. Adm. Code chs. 320 through 325), or by federal law may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home that has received a federal manufactured housing certificate label. Mobile homes that have not received a federal manufactured housing certificate label are not included within the single-family detached residence land use type.
(2)
Performance standards. The following performance standards shall apply to each single-family detached residence constructed after June 20, 2016, except that any of the standards in subsection A(2)(a) through (f) may be waived or modified by conditional use permit, upon a finding that the architectural style of the proposed residence provides compensating design features and that the proposed residence will be compatible and harmonious with other residences in the vicinity:
(a)
Each residence shall have a minimum gross floor area of 1,000 square feet, not including an attached garage, carport, deck, porch, or unfinished basement.
(b)
Each residence shall be served by a garage on the same lot of at least 400 square feet of gross floor area for each dwelling unit and meeting associated requirements in section 520-27.B.
(c)
Each residence shall have a roof with a pitch of at least three inches in height for each foot of width and an eave that extends at least six inches from the wall which supports the roof.
(d)
Each residence and attached building shall have a roof surfaced with any of the following: wood shakes; asphalt, composition, or wood shingles; clay, concrete or metal tiles; slate; built-up gravel materials; architectural standing seam metal roofing; hidden fastener metal roofing; or rubber membrane (for flat roofs or roofs with no greater than a 1:12 pitch); or similar material approved by the zoning administrator.
(e)
Each residence and attached building shall be covered with siding made of wood, masonry, concrete, stucco, Masonite, vinyl, metal lap, or similar material approved by the zoning administrator. Exterior siding shall extend down to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground.
(f)
Each residence shall be placed on a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. Such foundation shall not extend more than 24 inches above the exterior finished grade of the lot, except that where the grade of the lot slopes, only that portion of the foundation which is on the highest point of the lot must meet this requirement.
(g)
The residence may not be split into two or more dwelling units.
(h)
No carport may be attached to a single-family detached residence after June 20, 2016, unless it is attached to a garage.
(i)
Minimum required off-street parking: two outdoor spaces, such as in a driveway, plus garage space(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015, or driveways accessing local rural roads. If a driveway is located off a paved roadway and not required to be paved, a paved approach extending from the existing roadway surface at least 20 feet or to five feet beyond the right-of-way line, whichever is greater, shall be required.
(j)
For single-family detached residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in figure 520-20A below.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(k)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
B.
Two-family residence.
(1)
A two-family residence is a single structure containing two separate dwelling units, each unit having a private individual exterior access, and with no shared internal access within the building. Two-family residences can be constructed as attached side-by-side units each with a ground floor and roof (duplex), or as a two-story structure with one unit above the other (flats). Where side by side, both dwelling units must share the same lot; the individual units may not be on separate lots as a "zero lot line" structure.
(2)
Performance standards:
(a)
Each two-family residence constructed after June 20, 2016, shall meet the performance standards in subsection A(2)(a) through (f) above, except where otherwise allowed by conditional use permit.
(b)
The structure must be in compliance with the Wisconsin Uniform Dwelling Code (UDC).
(c)
Where side by side, a building-code-required, fire-rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.
(d)
Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.
(e)
The minimum gross floor area of each dwelling unit shall be 700 square feet, exclusive of attached garages, carports, and open decks/porches.
(f)
Each unit within each new two-family residence shall be served by a separate driveway, or minimum driveway width for any shared driveway shall be not less than 30 feet at the front lot line.
(g)
Minimum required off-street parking: two outdoor spaces per dwelling unit, such as in a driveway, plus spaces in garage(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015.
(h)
For single-family detached residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in figure 520-20A.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(i)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
C.
Multifamily residence.
(1)
A multifamily residence is a single structure with three or more individual attached dwelling units, including rental apartments, condominium buildings with three-plus units each, townhouses, and row houses. Each dwelling unit may take access from a shared entrance or hallway or from a private, individual exterior doorway. Institutional residential uses, as defined in this chapter, are regulated separately.
(2)
Performance standards:
(a)
Each residence shall meet the design standards for multifamily residences established in section 520-76.
(b)
The minimum gross floor area of each dwelling unit shall be 500 square feet per unit for studio and one-bedroom dwelling units and 700 square feet per unit for two or more bedroom units, exclusive of attached garages, carports, and open decks/porches.
(c)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting single-family residentially zoned property.
(d)
Minimum required off-street parking: two spaces per dwelling unit, and 0.5 additional space for each additional bedroom above two bedrooms. At least one of the required parking spaces per dwelling unit shall be enclosed in a garage or under the building. All motor vehicles shall be parked on a hard surface or on a graveled surface if such surface was legally established before January 1, 2015.
D.
Mobile home community.
(1)
This land use is a form of residential development that is exclusively reserved for individually sold or rented pads or sites containing mobile homes and/or manufactured homes. It is the intent of this article to recognize mobile homes as distinct and different factory-built units from units designated as manufactured homes within the definitions of this chapter. The main difference between these two types of homes is their status under federal law. "Mobile home" refers to homes built prior to June 15, 1976, when the United States Department of Housing and Urban Development instituted a new construction standard for factory-built homes. "Manufactured home" refers to homes built to the new, higher standard of quality under the Federal Building Code. The placement or replacement of mobile homes built before June 15, 1976, is not permitted anywhere within the jurisdiction of this chapter.
(2)
Performance standards. The following performance standards apply to each new mobile home community established after the effective date of this chapter, any approved expansion or conversion to a mobile home community after such date, and each existing mobile home community to the extent determined practical by the zoning administrator:
(a)
No mobile or manufactured home may be split into two or more residences.
(b)
A concrete slab shall be provided for each mobile home space.
(c)
Prior to occupancy, the owner shall remove the axle and install a fire- and weather-resistant, prefinished material surrounding the entire perimeter of the home and completely enclosing a space between the exterior wall of such home and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the home.
(d)
Each mobile home shall be used primarily as a residence for one family. No mobile home shall be used primarily as a storage unit. Storage under mobile homes is prohibited.
(e)
No mobile or manufactured home site shall be rented for a period of less than 30 days.
(f)
Wrecked, damaged, dilapidated, or abandoned mobile or manufactured homes shall not be kept or stored upon any premises. The building inspector shall determine if a mobile home is abandoned, wrecked, damaged, or dilapidated to a point that makes it unfit for human occupancy without an investment in the mobile or manufactured home that is greater than 50 percent of its assessed value. Whenever the building inspector so determines and declares a public nuisance under chapter 382, he or she shall notify the licensee or landowner and owner of the mobile home in writing, giving the findings upon which his determination is based, and shall order such home removed or repaired to a safe and sanitary condition of occupancy.
(g)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting single-family residentially zoned property.
(h)
No mobile/manufactured home units, attachments thereto, or associated parking areas shall be located closer than 40 feet to an abutting public right-of-way external to the mobile home community. Landscape plantings providing screening shall be provided between any external public right-of-way and a mobile/manufactured home or parking area.
(i)
No mobile/manufactured home unit or attachment thereto (including but not limited to decks and carports) shall be located closer than 20 feet from any other mobile/manufactured home unit or attachment thereto.
(j)
Vehicular entrances to a mobile home community shall only be provided on external collector streets or arterial streets.
(k)
Vehicular entrances to each mobile home shall be from a shared private street or dedicated public street internal to the mobile home community.
(l)
A minimum of 25 percent of the total lots or spaces approved within a mobile home community shall be completed and ready for occupancy before first occupancy is permitted. This standard shall not apply to an expansion of an existing mobile home community, provided such expansion is in full compliance with all applicable requirements of this chapter.
(m)
No less than ten percent of the total area of any mobile home community shall be devoted to common recreational areas and facilities, including but not limited to playgrounds, community swimming pools, community buildings, and off-street recreation trails. Areas included in the calculation of common recreational facilities shall not include streets or parking areas.
(n)
Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Pedestrian and bicycle crossings shall be safely located, marked, and controlled.
(o)
There shall be safe, efficient, convenient, and harmonious groupings of structures, uses, and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. Streets shall be arranged so as to discourage outside traffic from traversing the community.
(p)
Pedestrian walkways shall form a logical, safe, and convenient system for pedestrian access to all dwellings, project facilities, and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.
(q)
The zoning administrator, fire chief, or their lawful agents or employees are authorized and directed to inspect each mobile home community not less than once in every 12-month period to determine the health, safety, and welfare of the occupants of the park and inhabitants as affected thereby and the compliance of structures and activities therein with this chapter and all other applicable laws.
(r)
Except for those mobile homes in place as of July 1, 2016, there shall be no mobile homes placed, replaced, installed, stored, or otherwise kept in any mobile home community, as the term "mobile home" is defined in article XVI.
(s)
Except for those manufactured homes in place as of July 1, 2016, there shall be no manufactured homes placed, replaced, installed, stored, or otherwise kept in any mobile home community, as the term "manufactured home" is defined in article XVI, except for those manufactured homes that meet the criteria in section 520-20.A.
(t)
Each vacant mobile home space or site shall be properly secured, maintained in a neat condition free from debris and properly mowed, and have all ground openings safely and securely covered or sealed.
(u)
No mobile or manufactured home or other building shall be installed, stored, or kept within any power, pipeline, or utility easement. Any preexisting mobile home so located shall be immediately relocated.
(v)
Each new and expanded mobile home community shall be subject to site plan approval under section 520-124, and as part of the site plan submittal shall include a plan that includes clearly delineated lots that are at least 5,000 square feet and 50 feet in width each.
(w)
Each new and expanded mobile home community, with "expansion" meaning the addition of one or more improved mobile home sites, shall make available or install one or more storm shelters for use by residents during severe weather, meeting all applicable FEMA design standards.
(x)
Minimum required off-street parking: two spaces per mobile home plus parking necessary for other on-site uses, including but not limited to rental offices, community centers, or recreation facilities. All motor vehicles shall be parked on a hard surface, or on a gravel surface if such surface was legally established before January 1, 2015.
E.
Mixed-use dwelling unit.
(1)
A mixed-use dwelling unit is a residential dwelling unit located within the same building as another land use type, generally above the ground floor of a building used for an office, business, or institutional land use.
(2)
Performance standards:
(a)
With each building permit application, the applicant must provide evidence of covenants specifying the obligations for each dwelling unit with respect to any common structures, such as the shared wall, roof, and other inseparable improvements.
(b)
A mixed-use dwelling unit located on the ground floor of a building used for an office, business, or institutional land use may not be located within the first 24 feet of the ground floor as measured from the front of the building.
(c)
Additional entrances shall not be added to the front elevation of an existing building, but may be added to interior side, rear, or streetside elevations.
(d)
Mixed-use dwelling unit entryways located off of a rear or interior side yard shall be connected to a street frontage by a hard-surfaced walkway or driveway.
(e)
Such uses shall, to the extent determined practical by the village approval authority, meet the design standards for multifamily residences established in section 520-76.
(f)
Minimum required parking: one space per efficiency or one-bedroom dwelling unit; two spaces per two-bedroom dwelling unit; and 2.5 spaces per three or more bedroom dwelling unit. Minimum parking standards may be reduced if residential uses are institutional in nature. All motor vehicles shall be parked on a hard surface, or on a graveled surface if such surface was legally established before January 1, 2015.
F.
Workforce multifamily housing.
(1)
Workforce multifamily housing is a single structure with three or more individual attached dwelling units, including rental apartments, condominium buildings with three-plus units each, townhouses, and row houses. The purpose of this land use is to allow workers to reside in close proximity to job opportunities. Each dwelling unit may take access from a shared entrance or hallway or from a private, individual exterior doorway. Institutional residential uses, as defined in this chapter, are regulated separately.
(2)
Performance standards:
(a)
Each residence shall meet the design standards for multifamily residences established in section 520-76.
(b)
The minimum gross floor area of each dwelling unit shall be 500 square feet per unit for studio and one-bedroom dwelling units and 700 square feet per unit for two or more bedroom units, exclusive of attached garages, carports, and open decks/porches.
(c)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided and continuously maintained along all property borders abutting a single-family residential district and any nonresidential and mixed-use district.
(d)
Minimum required off-street parking: two spaces per dwelling unit, and 0.5 additional space for each additional bedroom above two bedrooms. At least one of the required parking spaces per dwelling unit shall be enclosed in a garage or under the building. All motor vehicles shall be parked on a hard surface.
G.
Post-frame single-family detached residence.
(1)
A single-family detached residence is a dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC). Post-frame buildings use high-quality, large sawn timber or laminated columns spaced. Generally, they are built on a concrete slab instead of a basement foundation. The concrete floor can be added after the posts have been embedded into the ground or the posts can be anchored directly to the concrete slab. Post-frame homes don't require interior support walls. The frame in post-frame buildings consists of the posts and trusses creating one structural unit. This creates large open spaces in the house and wider openings for doors and windows.
(2)
Performance standards. The following performance standards shall apply to each post-frame single-family detached residence constructed, except that any of the standards in subsection A(2)(a) through (h) may be waived or modified by conditional use permit, upon a finding that the architectural style of the proposed residence provides compensating design features and that the proposed residence will be compatible and harmonious with other residences in the vicinity:
(a)
Each residence shall have a minimum gross floor area of 800 square feet, not including an attached garage, carport, deck, porch, or unfinished basement.
(b)
Each residence shall be served by a garage on the same lot of at least 400 square feet of gross floor area for each dwelling unit and meeting associated requirements in section 520-27.B.
(c)
Each residence shall have a roof with a pitch of at least three inches in height for each foot of width and an eave that extends at least six inches from the wall which supports the roof.
(d)
Each residence shall be placed on a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. Such foundation shall not extend more than 24 inches above the exterior finished grade of the lot, except that where the grade of the lot slopes, only that portion of the foundation which is on the highest point of the lot must meet this requirement.
(e)
The residence may not be split into two or more dwelling units.
(f)
Minimum required off-street parking: two outdoor spaces, such as in a driveway, plus garage space(s). All motor vehicles shall be parked on a hard surface as defined in section 520-138, or on a graveled surface if such surface was legally established before January 1, 2015, or driveways accessing local rural roads. If a driveway is located off a paved roadway and not required to be paved, a paved approach extending from the existing roadway surface at least 20 feet or to five feet beyond the right-of-way line, whichever is greater, shall be required.
(g)
For residences utilizing driveways greater than 660 feet in length:
1.
A turnout near the driveway's midpoint shall be required. In those instances where a driveway exceeds 1,320 feet in length, turnouts shall be provided no more than 660 feet apart.
2.
A turnout shall also be provided within 100 feet of the structure.
3.
The minimum turning radius shall be 45 feet.
4.
A typical cross-section shall be submitted with the building permit application. A typical driveway cross-section example is depicted in Figure 520-20A.
5.
The driveway shall be constructed to be 14 feet wide at all points.
6.
The driveway shall not exceed an eight percent grade.
7.
The driveway shall be constructed with an adequate base to support 55,000 pounds during any weather.
a.
This requirement can be met by having a certified engineer design a driveway and create a typical cross-section for that driveway. The design of any driveway will need to be stamped and/or signed by that engineer to certify the driveway will be constructed to meet this weight standard. A typical cross-section example is depicted in figure 520-20A.
b.
This requirement can also be met by constructing the driveway to the standards outlined in figure 520-20B. A cross-section detailing the driveway construction will need to be submitted and certified that it will be constructed to satisfy the code requirements. Base course thickness is based on soil drainage class.
Figure 520-20A: Typical Driveway Cross-Section
Figure 520-20B: Village of Kronenwetter Minimum Long Driveway Standards that Satisfy
the Weight Standard During Any Weather
8.
The driveway shall maintain an overhead clearance of 15 feet and five feet of cleared brush on each side of the driveway.
9.
Bridges and culverts shall be designed to support at least 55,000 pounds and should provide a minimum of 14 feet of unrestricted width and height.
(h)
For single-family detached residences utilizing private roads accessing three or more lots: Approval from the village public works director shall be required to ensure the roadway will meet village standards for a typical rural road section, except for the public right-of-way requirement. The width of the travel surface shall be 22 feet, with a three-foot shoulder on each side. Property owners shall sign a private roadway maintenance agreement.
(Ord. No. 16-07, 6-20-2016; Ord. No. 16-17, 10-25-2016; Ord. No. 17-06, 4-11-2017; Ord. No. 17-14, 5-23-2017; Ord. No. 19-11, 4-23-2019; Ord. No. 20-22, 9-23-2020; Ord. No. 21-05, 2-23-2021)
A.
Agricultural use.
(1)
An agricultural use is any of the following activities conducted for the purpose of producing an income, livelihood, or for purposes related to any type of hobby farm: crop or forage production; keeping farm animals; beekeeping; nursery, sod, or Christmas tree production; maple syrup production; floriculture; aquaculture; forest management; or enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program. It also includes an activity that is an integral part of, or incidental to, an agricultural use. It excludes any other separately listed land use in this section, including but not limited to the keeping of farm animals on a residential lot, a commercial animal establishment, and an animal fancier.
(2)
Performance standards:
(a)
Such use shall meet the requirements of the village's animal ordinance (ch. 200, animals, of this Code), the county's animal waste management ordinance, and the county's livestock facilities licensing ordinance, where applicable.
(b)
The keeping of hogs and pigs intended for slaughter or market shall not be permitted, except within the AR district or on a farm operation of at least five acres.
(c)
The keeping of goats, roosters, or fur-bearing animals (other than rabbits and ferrets) shall not be permitted, except within the AR District or on a farm operation of at least five acres.
(d)
Beekeeping is permitted subject to the standards in subsection 520-27.H, except that the number of beehives shall be limited to one for each 2,500 square feet of lot area.
(e)
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage. The zoning administrator may approve modifications and exceptions to this animal unit density standard if, each year the normal density standard is to be exceeded, the landowner provides conservation compliance documentation from Marathon County signifying that the keeping of a higher density of animal units is in compliance with all Wis. Adm. Code ch. NR 151, agricultural runoff performance standards and prohibitions.
(f)
Any area where farm animals are allowed to pasture or run shall be adequately fenced to keep them confined to such area. Fencing shall meet the requirements for legal and sufficient fencing per § 90.02, Wis. Stats.
(g)
Except for a farm in existence before the effective date of this chapter, barns, poultry houses, or similar animal enclosures may be no closer than 50 feet from any lot line, except that poultry houses for not more than eight chickens or ducks need only meet the minimum setback requirement for accessory structures.
(h)
This subsection does not establish regulations for household pets such as rabbits, ferrets, fish, songbirds, pot-bellied pigs, cats, or dogs which are kept indoors. Household pets such as dogs or cats are regulated separately from this chapter, through chapter 200. This subsection also does not establish regulations for the accessory use listed as "Keeping of farm animals on residential lots" in subsection 520-27.H.
B.
Agricultural-related use. An agricultural-related use is a facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose: providing agricultural supplies, agricultural equipment, agricultural inputs, or agricultural services directly to farms; storing, processing, or handling raw agricultural commodities obtained directly from farms; slaughtering livestock; marketing livestock to or from farms; processing agricultural by-products or wastes received directly from farms. Examples of such uses include, but are not limited to, agricultural implement sales, storage, and/or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities (except those accessory to an agricultural use); commercial dairies; food processing facilities; licensed farm auction operations; canning and other food packaging facilities; greenhouses and garden centers; orchard stores; agricultural waste and by-product disposal facilities (except those accessory to an agricultural use); farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events; sawmills; de-barking operations; and chipping facilities. Not included within this land use category are plants intended to convert agricultural products to energy on a large-scale basis, sales of farm and forestry products, landscape contractors, and/or any other separately listed land use in this section.
C.
Community garden.
(1)
A community garden is an area for cultivation and related activities divided into one or more plots to be cultivated by more than two operators or members as a principal land use of a property. The community garden may be the sole principal use of the property, or may be a second principal use on a property. It does not include gardens for cultivation of crops for home consumption on the same lot.
(2)
Performance standards. For any new or expanded community garden after the effective date of this chapter:
(a)
Issuance of a zoning permit is required. With the application for a zoning permit, the applicant shall demonstrate through the submittal of plans, written statements, or both that the community garden will meet all applicable performance standards.
(b)
All structures shall comply with the required setbacks and height regulations for principal structures within the associated zoning district. All plots shall be set back five feet from the lot line. Fences shall comply with section 520-83.
(c)
The application shall include the name(s) of the property owner, any established sponsoring organization, and the garden manager.
(d)
The application shall include a plan that demonstrates consideration for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, and availability of parking.
(e)
The following structures are permitted: toolsheds, shade pavilions, restroom facilities, planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, fences, garden art, rain barrel systems, children's play areas, and barns with approval of the plan commission.
(f)
There shall be no exterior lighting associated with the community garden use, except for standard residential yard lighting.
D.
On-site agricultural retail.
(1)
On-site agricultural retail is the sale of nonanimal agricultural products grown exclusively on the site or on an adjacent property in common ownership, on a year-round basis or requiring the construction and maintenance of permanent structures, except that packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) may be produced off site.
(2)
Performance standards:
(a)
The sale of products that are grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.
(b)
The maximum total gross floor area of a structure or a combination of structures dedicated primarily to the on-site agricultural retail use shall be 1,000 square feet in area.
(c)
Structures shall all be set back at least 100 feet from any lot in a residential zoned district.
(d)
Roadside stands, less than 200 square feet in area, shall be set back a minimum of 20 feet from any lot line.
(e)
Minimum required off-street parking: four off-street parking spaces shall be provided or one space per 200 square feet of indoor and outdoor sales areas plus one space per employee on the largest work shift, depending on which calculation provides for the greater amount of off-street parking spaces.
(Ord. No. 16-07, 6-20-2016)
A.
Passive outdoor public recreation.
(1)
Passive outdoor public recreation includes all recreational land uses located on public property or a public easement that involves passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, open grassed areas not associated with any particular active outdoor public recreation land use, picnic areas, picnic shelters, gardens, fishing areas (not including commercial fishing ponds), and similar land uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per four expected patrons at maximum capacity.
B.
Active outdoor public recreation.
(1)
Active outdoor public recreation includes all outdoor land uses located on public property or a public easement that accommodates active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses open to the public, and similar land uses.
(2)
Performance standards:
(a)
Concession stands, shelters, pavilions, gazebos, restrooms, and other buildings commonly associated with an active outdoor public recreation use shall be permitted but shall meet size limitations associated with accessory buildings (for nonresidential use).
(b)
Air domes may be allowed to house part of use by conditional use permit.
(c)
Any active outdoor public recreation use that involves balls or other projectiles shall provide netting, sufficient distance, or another method approved by the zoning administrator to prevent the balls or projectiles from leaving the property.
(d)
Minimum required off-street parking: one space per four expected patrons at maximum capacity.
C.
Indoor institutional, general.
(1)
General indoor institutional uses are indoor facilities that include 20,000 square feet of indoor gross floor area or less, including gyms, public or commercial swimming pools, libraries, museums, community centers, schools, churches, funeral homes, nonprofit clubs, nonprofit fraternal organizations, and similar land uses generally serving a community purpose and meeting this size requirement. Crematoriums are a lawful accessory use to a funeral home, where serving only customers of the funeral home and where meeting all performance standards in article XII, general indoor institutional uses do not include any arena, convention center, hospital, jail, prison, or similar use of a size and character that typically serve the needs of the whole community and region (regardless of whether over or under 20,000 square feet).
(2)
Performance standards:
(a)
Such uses shall provide a deliberately designed area exclusively for dropoffs and pickups of persons that is outside of the public right-of-way.
(b)
Minimum required off-street parking: Per figure 520-22(1).
D.
Indoor institutional, intensive.
(1)
Intensive indoor institutional uses are indoor facilities that generally serve the community and a) include over 20,000 square feet of indoor gross floor area, including gyms, public or commercial swimming pools, libraries, museums, community centers, schools, churches, funeral homes, nonprofit clubs, and nonprofit fraternal organizations that exceed this size threshold, and b) all arenas, convention centers, hospitals, jails, prisons, and similar uses of a size and character that typically serve the needs of the whole community and region.
(2)
Performance standards:
(a)
Such uses shall provide a deliberately designed area exclusively for dropoffs and pickups of persons that is outside of the public right-of-way.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Minimum required off-street parking: per figure 520-22(1).
E.
Outdoor institutional.
(1)
An outdoor institutional use includes cemeteries, country clubs, and similar land uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: per figure 5-22(2).
F.
Public service or utility.
(1)
A public service or utility use includes all municipal, county, state and federal facilities (except those separately addressed in this section); emergency service facilities such as fire departments and rescue operations; wastewater treatment plants; public and/or private utility substations; water towers and reservoirs; wells and well houses; utility and public service related distribution facilities; and similar land uses. Power production facilities (power plants) shall instead be regulated as heavy industrial uses.
(2)
Performance standards:
(a)
Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.
(b)
A buffer yard meeting the requirements of section 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
The exterior of all buildings shall meet the standards for nonresidential structures in section 520-76.
(d)
Minimum required off-street parking: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.
G.
Institutional residential.
(1)
An institutional residential use includes senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under Wis. Stats. § 62.23.
(2)
Performance standards:
(a)
There shall be a minimum of 800 square feet of gross site area for each occupant of the development.
(b)
A minimum of 30 percent of the development's gross site area shall be held as permanently protected green space.
(c)
An off-street passenger loading area shall be provided at a minimum of one location within the development.
(d)
Minimum required off-street parking: per figure 5-22(3).
H.
Community living arrangement.
(1)
A community living arrangement use includes community living arrangements for adults, as defined in Wis. Stats. § 46.03(22); community living arrangements for children, as defined in Wis. Stats. § 48.743; foster homes, as defined in Wis. Stats. § 48.02(6); or adult family homes, as defined in Wis. Stats. § 50.01(1)(a) or (b). Community living arrangements do not include group day-care centers (see separate listing); nursing homes (an institutional residential land use); or hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wis. Stats. §§ 61.35 and 62.23(7)(i), provided any such regulations and the performance standards below do not violate preemptive federal or state housing or antidiscrimination laws.
(2)
Performance standards:
(a)
Except as provided in subsections H(2)(c) and (d) below, no community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the plan commission and village board agree to a reduction in spacing. Two community living arrangements may be adjacent if the village authorizes that arrangement and if both facilities comprise essential components of a single program.
(b)
Except as provided in subsection H(2)(c) below, the total combined capacity of all community living arrangements (of all capacities) in the village shall not exceed one percent of the combined population of the village (unless specifically authorized by the village board following a public hearing). The applicant shall be responsible for providing information on the total, combined capacity of all community living arrangements within the village.
(c)
A foster home that is the primary domicile of a foster parent and that is licensed under Wis. Stats. § 48.62, or an adult family home certified under Wis. Stats., § 50.032(1m)(b), shall be a permitted use in all residentially zoned areas and is not subject to subsections H(2)(a) and (b) above except that foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall be subject to subsections H(2)(a) and (b).
(d)
No adult family home described in Wis. Stats. § 50.01(1)(b), may be established within 2,500 feet, or any lesser distance established by an ordinance of the village, of any other adult family home described in Wis. Stats. § 50.01(1)(b), or any community living arrangement. An agent of an adult family home described in Wis. Stats., § 50.01(1)(b), may apply for an exception to this requirement, and the exception may be granted at the discretion of the village.
(e)
There shall be no maximum to the number of community living arrangement facilities, except as other performance standards may indirectly establish a limit.
(f)
Minimum required off-street parking: three spaces, plus one space for every three residents over eight residents (except for those residents under 16 years of age and otherwise without the ability to drive).
I.
Highway facility.
(1)
Highway facility uses, which include both indoor and outdoor facilities that generally serve the community and include over 60,000 square feet of indoor gross floor area. Facilities often include highway truck and equipment storage and repair, salt storage, and brine preparation. The use is of a size and character that typically serve the needs of the whole community and region.
(2)
Performance standards:
(a)
Outdoor storage areas shall be located a minimum of 500 feet from any residentially zoned property.
(b)
A buffer yard meeting the requirements of section 520-79.(4) shall be provided along all property borders abutting residentially zoned property, except minimum width of the buffer yard shall be 500 feet.
(c)
The exterior of all buildings shall meet the standards for nonresidential structures in section 520-76.
(d)
Minimum required off-street parking: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.
(Ord. No. 16-07, 6-20-2016; Ord. No. 25-07, 5-29-2025)
A.
Office.
(1)
An office land use includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with little direct service to customers on site. Office uses that are accessory to a principal residential use of a property are not considered office uses, but are instead regulated as home occupations or residential businesses under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
B.
Personal or professional service.
(1)
Personal or professional service uses are exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples include professional services, banks, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, and beauty shops. Service uses that are accessory to a principal residential use of a property are not considered personal or professional service uses, but are instead regulated as home occupations or residential businesses under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
C.
Artisan studio.
(1)
An artisan studio is a building or portion thereof used for the preparation, display, and sale of individually crafted artwork, photography, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven sections, and related items, and occupied by no more than five artists or artisans. Uses occupied by more than five artists or artisans shall be considered a light industrial use under subsection 520-26.A. Studios that are accessory to a principal residential use of a property are not considered artisan studio uses, but are instead regulated as home occupations under this chapter.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
D.
Group day-care center.
(1)
A group day-care center is land use in which licensed persons and facilities provide child-care services for nine or more children, such as day-care centers, preschools, and nursery schools. Such land uses may be operated as a standalone use, or in conjunction with another principal land use on the same site such as a church, primary school, business, or civic organization. Any child-care facility located on the same site as a principal land use, and that is reserved solely for the use of company employees and their guests on the same site, are instead regulated as a company-provided on-site recreation or child care accessory use.
(2)
Performance standards:
(a)
No group day-care center shall be located within a building that is also occupied as a residence.
(b)
Minimum required off-street parking: one space per five students, plus one space for each employee on the largest work shift.
E.
Indoor sales or service.
(1)
Indoor sales or service includes all land uses, except as otherwise separately listed in this section, that conduct or display sales or rental merchandise or equipment, or that conduct nonpersonal or nonprofessional services, entirely within an enclosed building. This includes a wide variety of retail stores and commercial service uses not otherwise listed in this chapter, along with self-service facilities such as coin-operated laundromats. Display of products outside of an enclosed building shall be considered an outdoor display incidental to indoor sales accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an outdoor display principal land use. Sales or service uses that are accessory to a principal residential use of a property are not considered indoor sales or service uses, but are instead regulated as home occupations or residential businesses under this chapter. Indoor sales or service does not include any commercial animal establishment use.
(2)
Performance standards:
(a)
Such use may also be subject to conditional use permit requirements and adherence to performance, building design, and site design standards in article X if classified as a large retail and commercial service development under section 520-77. However, following initial conditional use permit approval, individual indoor sales or service uses may occupy the constructed spaces without the need for a further conditional use permit.
(b)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
F.
Outdoor display.
(1)
An outdoor display includes all land uses, except as otherwise separately listed in this article, that conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Examples include outdoor vehicle sales, outdoor vehicle rental, manufactured home sales, and monument sales. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard use. If an area less than 15 percent of the total sales area of the building(s) on the property is used for display of products outside of an enclosed building, such use shall instead be considered an outdoor display incidental to indoor sales accessory use.
(2)
Performance standards:
(a)
The display of items shall not be permitted in required landscaped areas, required buffer yards, or required setback areas for the principal structure.
(b)
Display areas shall be separated from any circulation area by a minimum of ten feet, which shall be clearly delimited.
(c)
Items being displayed shall not interfere with motor vehicle, pedestrian, and bicycle traffic visibility.
(d)
Items being displayed shall be placed on a hard surface.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
The display of items outdoors shall be permitted during the entire calendar year; however, if items are removed from the display area, all support fixtures used to display the items shall be removed.
(g)
There must be a principal building on the same lot as the outdoor display land use, which serves as an essential component of that use, such as a sales office, indoor showroom, and/or storage facility. Such building shall be attached to a permanent foundation, and if erected or expanded after the effective date of this chapter, shall meet building design standards in section 520-76.
(h)
Minimum required off-street parking: one space per 300 square feet of gross floor area. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below what is required in this section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
G.
Indoor repair and maintenance.
(1)
Indoor repair and maintenance includes all land uses, except as separately listed, that perform repair and maintenance services for consumer products and contain all operations (except loading) entirely within an enclosed building, including electronics, mechanical, and small engine repair service businesses. Because of outdoor vehicle storage requirements, all vehicle repair and maintenance uses shall instead be regulated as outdoor and vehicle repair and maintenance uses.
(2)
Performance standards:
(a)
Minimum required off-street parking: one space per 300 square feet of gross floor area.
H.
Outdoor and vehicle repair and maintenance.
(1)
Outdoor and vehicle repair and maintenance includes all land uses, except those that are separately listed in this section, that perform maintenance services (including repair) and have all, or any portion (beyond simply loading) of their operations located outside of an enclosed building. It also includes all businesses that repair or maintain motor vehicles designed for road use and brought in from off site.
(2)
Performance standards:
(a)
When more than 25 percent of the activity occurs outdoors, outdoor activity areas shall be completely enclosed by an opaque fence, wall, or building section for each outdoor and vehicle repair and maintenance use no later than January 1, 2017. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property.
(b)
Outdoor storage of vehicle parts and abandoned, unlicensed, and inoperable vehicles is prohibited, except that each inoperable vehicle being serviced may be kept outdoors for a period not exceeding 30 days.
(c)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
Minimum required off-street parking: one space per 300 square feet of gross floor area, or one space per each employee on the largest shift, whichever is less.
I.
Drive-through and drive-in sales or service.
(1)
Drive-through and drive-in sales or service includes all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except outdoor and vehicle repair and maintenance land uses, which are separately listed and regulated). Such uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples include drive-in, drive-up, and drive-through facilities in conjunction with another principal use (such as a bank or restaurant), vehicular fuel stations, and car washes.
(2)
Performance standards:
(a)
There shall be stacking space for at least five vehicles behind each drive-through order station, at least two vehicles between each order station and the first pass-through window, and at least two spaces beyond the last pass-through window for post-order pickup.
(b)
The drive-through facility shall be designed so as to not impede or impair loading, vehicular movement, and pedestrian movement or exacerbate the potential for conflicts with such activities.
(c)
Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to drive-through lane(s).
(d)
All vehicular areas of the facility shall have a hard surface that is designed to meet the requirements of a minimum four-ton axle load.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
Vertical concrete curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands.
(g)
Any land use that conducts sales from a vehicle such as a food truck or trailer, or from any other structure for an outdoor food or beverage vendor, that is in one place for more than seven consecutive days is not classified as a drive-through and drive-in sales or service use and is prohibited within the village.
(h)
Minimum required off-street parking: Refer to the parking requirements of the other land uses on the site, such as indoor sales and service land uses for a gas station/convenience store.
J.
Indoor commercial entertainment.
(1)
Indoor commercial entertainment includes all uses that provide entertainment services entirely within an enclosed building, or where outdoor entertainment facilities are present, and the land area of such facilities is not greater than 15 percent of the gross floor area indoors. Indoor commercial entertainment uses often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, brew pubs, taverns, theaters, health or fitness centers, other indoor private recreation centers, training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, indoor shooting ranges, and pool halls. It does not include any microbeverage production facility or adult entertainment or adult-oriented establishment, which instead are listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Where the limited outdoor space allowed for indoor commercial entertainment uses allows for the service or consumption of alcohol, the use may require a conditional use permit and is subject to the performance standards associated with an outdoor alcohol area in subsection 520-27.N.
(c)
Air domes may be allowed to house all or part of the indoor commercial entertainment use by conditional use permit.
(d)
Minimum required off-street parking: one space per every three patron seats, or the maximum capacity of the establishment (whichever is greater).
K.
Outdoor commercial entertainment.
(1)
Outdoor commercial entertainment includes all principal uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples include outdoor commercial swimming pools, health or fitness centers where the area of outdoor facilities is greater than 15% of the gross floor area indoors, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, trap clubs, and shooting ranges. It does not include any golf course or adult entertainment or adult-oriented establishment, which instead are listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Activity areas (including movie screens) located within 300 feet of any residentially zoned property shall be fully screened.
(c)
Shall at all times meet the noise standards in section 520-91.
(d)
Where the outdoor space allowed for outdoor commercial entertainment uses allows for the service or consumption of alcohol, the use may require a conditional use permit and is subject to the performance standards associated with an outdoor alcohol area in subsection 520-27.N.
(e)
The keeping of horses and other nondomesticated animals may be permitted where accessory and integral to the principal use, where agricultural use standards in subsection 520-21.A related to the keeping of farm animals are met, and where other chapters, including chapter 200, are met.
(f)
Minimum required off-street parking: one space for every three persons at the maximum capacity of the establishment.
L.
Commercial animal establishment.
(1)
A commercial animal establishment includes uses that provide for the care, treatment, grooming, and/or boarding of animals as a principal use of the property. Examples include commercial stables, pet shops, grooming shops, boarding kennels, animal shelters, and veterinary facilities. A boarding kennel is a facility where dogs, cats, horses, or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate approvals.
(2)
Performance standards:
(a)
As part of the permit approval, the village may establish a limit on the number of animals that are serviced or boarded.
(b)
Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit or special event permit has been secured.
(c)
Commercial stables and boarding facilities for horses or other riding animals are subject to all agricultural use standards in section 520-21.A related to the keeping of farm animals.
(d)
All principal structures and outdoor containment areas for horses or other riding animals shall be no less than 100 feet from any residential zoning district.
(e)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(f)
Commercial kennels and animal boarding facilities are subject to the requirements and licensing standards set forth in chapter 200 of the Kronenwetter Municipal Code.
(g)
Minimum required off-street parking: one space per every 1,000 square feet of indoor gross floor area.
M.
Bed-and-breakfast.
(1)
Bed-and-breakfasts are exclusively indoor lodging facilities that provide meals only to paying lodgers, and in which the operator is also a resident of the premises. Such land uses must be licensed by the state. They may provide indoor recreational facilities for the exclusive use of their customers. This use classification does not include a boardinghouse, which instead is separately regulated.
(2)
Performance standards:
(a)
The dwelling unit in which the bed-and-breakfast takes place shall be the principal residence of the operator/owner, and said operator/owner shall live on the premises when the bed-and-breakfast establishment is active.
(b)
It shall meet all requirements of the Wisconsin Administrative Code.
(c)
The maximum stay for any occupants of a bed-and-breakfast establishment shall be 14 days.
(d)
Each operator shall keep a list of names of all persons staying at the bed-and-breakfast establishment. This list shall be kept on file for a period of one year. Such list shall be available for inspection by the zoning administrator at any time.
(e)
Meals may only be served to residents and overnight guests.
(f)
If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate licenses.
(g)
Prior to opening for business, every bed-and-breakfast establishment shall obtain a permit from the village clerk by application made upon a form furnished by said officer. Such permit shall be void upon the sale or transfer of the property ownership. A bed-and-breakfast permit shall be valid until terminated by action of the village clerk for violation of the provisions of this chapter or of state regulations.
(h)
Minimum required off-street parking: one space per each bedroom in addition to standard requirements for principal residential use.
N.
Boardinghouse.
(1)
A boardinghouse includes any residential use renting rooms that do not contain private bathroom facilities, with the exception of an approved bed-and-breakfast establishment, which is separately classified and regulated.
(2)
Performance standards:
(a)
Uses that meet the definition of a "boardinghouse" shall only be allowed where listed in figures 520-17 and 520-18. [5]
(b)A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Each boardinghouse may have no more than eight boarders and bedrooms for boarders.
(d)
The operator of the boardinghouse must live within the same building as the boarders.
(e)
Minimum required off-street parking: one space per room for rent, plus one space per each employee on the largest work shift.
O.
Campground.
(1)
A campground is a parcel of land designed, maintained, intended, or used for the purposes of providing a location for two or more camping units and designed and approved for overnight accommodation. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility).
(2)
Performance standards:
(a)
A conditional use permit is not required for the PR District.
(b)
The application for a conditional use permit shall include the following information:
1.
A written description of the proposed operation, including proposed months of operation; desired types of camping units; other ancillary uses proposed for the site; and assurances that the campground will be developed and operated in accordance with all approved plans.
2.
A campground plan map(s), drawn to scale, and including the proposed layout; location of campsites, roads, parking areas, and site boundaries; topography lines; minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water supplies; sanitary waste disposal systems; grading plan and stormwater management system meeting the requirements of this chapter; covered refuse storage areas; existing natural features, including waterways, wetlands, floodplains, and shoreland areas; existing and proposed vegetation and recreation areas, and any other information the zoning administrator shall deem necessary. Professional engineering assistance is encouraged in such design, especially of access roadways, camping unit siting, site grading and stormwater management, and utility placement.
(c)
Any subsequent expansion beyond its approved number of sites and units or density of sites or units, and construction of new or expanded recreational or service facilities, shall require a new conditional use permit. Any modification of an approved plan which only moves sites and units or accessory buildings or recreational facilities shall only require site plan approval.
(d)
No single camping unit shall be occupied by the same party for a period of time longer than three continuous months in any twelve-month period, except as may be further limited by state statutes or administrative rules.
(e)
Campgrounds shall have direct access to a public road, with no more than two camp road access points to each abutting public road for the first 100 campsites, plus one additional access for each 100 sites thereafter.
(f)
Campsites and access roads shall be located, graded, and maintained so as to provide each site with positive site drainage.
(g)
Minimum lot size for any campground established after the effective date of this chapter shall be ten acres.
(h)
Maximum gross density shall be eight individual campsites or camping units per acre of active camping area. Active camping area consists of campsites and land supporting the campsites, including access roads, recreational facilities, and other permanent campground infrastructure.
(i)
Individual campsites shall be at least 1,200 square feet in area. Each campsite shall be clearly marked with an alphabetical or numeric symbol on a sign which is clearly visible from an access road.
(j)
There shall be a minimum separation of ten feet between camping units. Any accessory structure on the campsite, such as, but not limited to, a deck, porch, awning, or storage structure, shall be considered part of the camping unit for purposes of this separation requirement. The total footprint of these accessory structures plus the camping unit shall not exceed 400 square feet.
(k)
Separate areas may be designated as a campground for group camping in tents. Within each group camping area, no more than 20 tents containing no more than 80 persons per acre shall be permitted. The group camping area must be provided with proper sanitary service as required by state statutes.
(l)
Each campground may have up to two single-family dwellings for the private use and occupation of the owners and caretakers of the campground.
(m)
Each campground may, for only those persons camping on site, registered as guests or visitors or persons making a bona fide visit to check out the campground, or otherwise paying for the use of the campground, provide for purchases of sundry supplies, cooked meals, and drinks, including alcoholic beverages, if so licensed.
(n)
Each campground may accommodate common recreational facilities and amenities such as swimming pools, tennis courts, and other similar facilities. These facilities shall be considered a part of the active camping area.
(o)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property and public roads.
(p)
Each campground established after the effective date of this chapter shall provide a minimum of 200 square feet per camping unit or one continuous acre of common recreation open space, whichever is greater. Yard areas within minimum required setbacks around the perimeter of the campground and land within landscaped transitional yards may not be counted towards meeting this requirement.
(q)
Each campground or camping resort shall be maintained under a single management so that responsibility can be easily placed for cleaning of common facilities such as water supply, sewage disposal station, toilet, laundry, washrooms, and refuse areas, and for enforcement of campsite cleanliness.
(r)
The number of camping cabins within a campground shall not exceed 15 percent of the total number of camping units in the campground.
(s)
Each campground shall comply with all state regulations applicable to campgrounds, except as may be permitted through other licenses or approvals from the state.
(t)
Quiet hours shall be in effect daily, between 11:00 p.m. and 6:00 a.m., but at no time may the noise on a campsite create a disturbance outside of the campground. During quiet hours a person shall not engage in loud and boisterous conduct or the playing of radios, musical instruments, sound or music systems, or the activation of sound-producing electronic or mechanical devices such as generators, in such a manner so as to unreasonably disturb other persons.
(u)
Minimum required off-street parking: 1.5 spaces per campsite.
P.
Commercial indoor lodging.
(1)
Commercial indoor lodging includes land uses that provide overnight housing in more than one individual room or suite of rooms, each room or suite having a private bathroom, including hotels and motels. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate principal land use. This land use category does not include bed-and-breakfast or tourist rooming house uses, which are instead listed and regulated separately.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Minimum required off-street parking: one space per bedroom, plus one space for each employee on the largest work shift.
Q.
Tourist rooming house.
(1)
A tourist rooming house is a permanent, detached single-family structure where sleeping accommodations are offered for pay to tourists or transients for periods of time of 30 days or less. Commercial lodgings consisting of structures with more than one dwelling unit or rentable room shall instead be regulated as a commercial indoor lodging use (or if a room in a residence operated by the primary resident, a bed-and-breakfast). Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate principal land use.
(2)
Performance standards:
(a)
The use must meet all performance standards associated with a single-family detached residence.
(b)
Occupancy shall be limited to two persons per bedroom, plus an additional two persons. At no time may the number of guests exceed eight, regardless of the number of bedrooms in the unit. Two exits are required for each bedroom.
(c)
The appearance or use of the tourist rooming house shall not be altered in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or noise exceeding section 520-91.
(d)
No recreational vehicle may be used for living or sleeping purposes as part of a tourist rooming house.
(e)
The availability of the tourist rooming house to the public shall not be advertised on site.
(f)
The use must be licensed by the State of Wisconsin.
(g)
Required off-street parking: a minimum/maximum of one space per bedroom.
R.
Adult entertainment or adult-oriented establishment.
(1)
An adult entertainment or adult-oriented establishment is any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breasts. It also includes an adult bookstore having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas, and in conjunction therewith have facilities for the presentation of adult-oriented films, movies or live performances, for observation by patrons.
(2)
Performance standards:
(a)
Such uses shall be further regulated under chapter 325, article II, of the Village of Kronenwetter Municipal Code.
(b)
Such uses shall be located a minimum of 1,000 feet from any residentially zoned property and a minimum of 1,000 feet from any existing school, church, public library, institutional residential land use, active outdoor public recreation land use, or another adult entertainment or adult-oriented establishment.
(c)
Exterior signage shall be in accordance with that permitted for the zoning district within which the use is located. One additional exterior wall sign with an area of two square feet that reads "admittance to adults only" shall be placed near or on each customer entrance, along with hours of operation.
(d)
The use shall not admit minors on the premises and shall comply with all applicable federal, state, and Village laws and ordinances regulating alcoholic beverages and obscenity.
(e)
Minimum required off-street parking: one space per 300 square feet of gross floor area, or one space per person at the maximum capacity of the establishment (whichever is greater).
S.
Large retail and commercial service development. See section 520-77 for description and performance standards.
T.
Microbeverage production facility.
(1)
A microbeverage production facility is a type of beer, wine, spirits, or coffee production facility that produces limited amounts of product per year, and often includes a tasting room and on-site purchase of beer and related products, including gifts and food. It includes microbreweries, microdistilleries, microwineries/small wineries, and microroasteries/small batch roasters that meet the following performance standards. In the event such a use exceeds one or more of these standards, it shall be considered a light industrial land use. As defined in article XVI, brewpubs are also regulated separately as an indoor commercial entertainment use.
(2)
Performance standards:
(a)
Such use shall not exceed the following production quantities per year: microbrewery, 15,000 barrels or equivalent; microdistillery, 10,000 gallons or equivalent; microwinery, 15,000 gallons or equivalent; microroastery, 15,000 pounds or equivalent.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Such use shall meet all performance standards in article XII, including but not limited to odor standards in section 520-93.
(d)
Such use must provide evidence of valid state license before commencing operations or at any time upon the request of the zoning administrator.
(e)
If located outside of an industrial district, the following standards apply:
1.
The area used for production may not exceed 10,000 square feet.
2.
The operation must install odor-reducing filters or other equipment to minimize the impact on nearby properties.
3.
There shall be no outdoor growing of products used in the operation.
4.
Outdoor storage shall be limited to grain silos designed to be compatible with the principal building materials and colors. No other materials or equipment shall be stored outdoors.
(f)
Minimum required off-street parking: one space per every three patron seats, or the maximum capacity of the establishment (whichever is greater), plus one space for every employee engaged in production.
(Ord. No. 16-07, 6-20-2016)
Editor's note— Said figures are included as attachments to this chapter.
A.
Indoor storage or wholesaling.
(1)
Indoor storage or wholesaling uses are uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples include warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Minimum required off-street parking: one space per 2,000 square feet of gross floor area.
B.
Outdoor storage or wholesaling.
(1)
Outdoor storage or wholesaling uses are uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses, and where any activity beyond loading and parking is located outdoors. Examples include contractors' outdoor storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard use, which is separately listed and regulated.
(2)
Performance standards:
(a)
All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrially zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
All primary outdoor storage areas shall be placed on a hard surface.
(e)
The storage of items shall not be permitted in the minimum required front yard.
(f)
Minimum required off-street parking: one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.
C.
Personal storage facility.
(1)
A personal storage facility use includes indoor storage of items entirely within partitioned buildings, with individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. They are also known as "mini-warehouses."
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property and public rights-of-way.
(b)
Minimum required off-street parking: one space for each employee on the largest work shift.
D.
Junkyard or salvage yard.
(1)
A junkyard or salvage yard is any land or structures used for a salvaging operation, including but not limited to the aboveground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.
(2)
Performance standards:
(a)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
(b)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(c)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Shall not involve the storage, handling, or collection of hazardous materials, including any of the materials listed in section 520-98.
(f)
Minimum required off-street parking: one space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.
E.
Solid waste disposal, composting, and/or recycling facility.
(1)
A solid waste disposal, composting, and/or recycling facility is any use dedicated to the collection, storage, processing, and/or disposal of solid wastes as defined by § 289.01(33), Wis. Stats., organic materials for composting or for off-site energy production, and/or materials for recycling.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, the application shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be kept, stored, or processed; the proposed date to begin operations; existing natural features on and adjacent to the site; where materials would be hauled from and to and over what roads; types, quantities, and frequency of use of equipment to move, process, and haul materials within and to and from the site; whether and how frequently crushing, screening, washing, refueling, fuel storage, asphalt batching, or concrete mixing would be performed on site; description and elevations of all temporary and permanent structures; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, and environmental protection; methods to keep all public roads free of all mud, debris, and dust; assurances that the site will be developed and operated in accordance with all approved plans and all Village, county, state, and federal regulations; and a listing of all applicable regulations, licenses, and permits required.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, entrances, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; all dwellings and private and municipal wells within 1,000 feet; location of the proposed staging areas, fueling, fuel storage, and material and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of buffer yards, screening berms, and landscaping; and proposed temporary and permanent structures, including scales and offices.
(b)
The use shall comply with all county, state and federal regulations at all times.
(c)
All buildings, structures, storage, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders.
(e)
Operations shall not involve the on-site holding, storage, processing or disposal of hazardous materials, food scraps, or other vermin-attracting materials.
(f)
Outdoor material stockpiles shall be limited to no more than 30 feet in height.
(g)
All performance standards in article XII shall be met.
(h)
The use shall be established and maintained so as to not create a fire hazard as determined by the Fire Inspector.
(i)
Trucking activity shall be limited to a maximum number of trips per day as agreed upon in the Plan-Commission-approved written operational plan submitted by the applicant. In cases of exceptional circumstances, a written request to exceed the maximum number of trips for a specific limited period of time not to exceed 30 days may be approved in advance by the zoning administrator. Exceptions exceeding 30 days must be approved by the plan commission.
(j)
Access to the site shall only be through points designated as entrances on the site or operations plan. Such access points shall be secured when the site is not in operation.
(k)
Hours or days of operation may be limited by the village.
(l)
Approval shall be subject to amendment or revocation if noncompliance with approved plans, this subsection, or approval conditions is identified.
(m)
Approval shall be subject to periodic review of the operation to ensure compliance with the conditional use permit, and to specific limitations over the portion of the lot or parcel where extraction may occur.
(n)
Minimum required off-street parking: one space for each employee on the largest work shift.
F.
Auction yard.
(1)
An auction yard is a use or parcel dedicated to the regular auctioning of products, generally produced at another location and transported to the site for the auction.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, the application shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be auctioned; the proposed date to begin operations; existing natural features on and adjacent to the site; where materials would kept; description and elevations of all temporary and permanent structures and parking; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, or environmental protection; methods to keep all public roads free of all mud, debris, and dust; assurances that the site will be developed and operated in accordance with all approved plans and all Village, county, state, and federal regulations; and a listing of all applicable regulations, licenses, and permits required.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, entrances, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; location of the proposed auction, storage, staging, and parking areas; proposed location and surfacing of roads, driveways, and site access points; and proposed temporary and permanent structures.
(b)
The use shall comply with all county, state and federal regulations at all times.
(c)
All buildings, structures, storage, and activity areas shall be located a minimum of 50 feet from all lot lines.
(d)
Operations shall not involve the on-site holding, storage, auctioning, processing, or disposal of hazardous materials, food scraps, or other vermin-attracting materials.
(e)
Outdoor material stockpiles shall be limited to no more than 30 feet in height.
(f)
No odor shall be created that exceeds the standard in section 520-93.
(g)
The level of noise generated by the facility or equipment shall meet the noise standards in section 520-91.
(h)
Access to the site shall only be through points designated as entrances on the site or operations plan. Such access points shall be secured when the site is not in operation.
(i)
Hours or days of operation may be limited by the village.
(j)
Minimum required off-street parking: one space for each employee on the largest work shift, plus additional on-site parking in suitable quantity and location to accommodate projected and actual traffic.
(Ord. No. 16-07, 6-20-2016)
A.
Off-site parking.
(1)
Off-site parking includes any areas used for the parking of vehicles that are fully registered, licensed, and operative, which are not accessory to another principal use on the same lot.
(2)
Performance standards:
(a)
All off-site parking areas must be hard surfaced as defined in section 520-138.
(b)
Must meet landscaping and other applicable general performance standards of this chapter.
B.
Airport or heliport.
(1)
An airport or heliport is a facility providing takeoff, landing, servicing, storage, and other services for air transportation vehicles. The operation of any type of air transportation vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport land use. Does not include helipads that are accessory to certain uses, such as hospitals.
(2)
Performance standards:
(a)
All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.
(b)
All crops, trees, structures, fences, storage areas, and parking areas shall be located and set back from all runways in accordance with an airport master plan developed by the applicant in accordance with FAA guidelines.
(c)
Minimum required off-street parking: one space per each employee on the largest work shift, plus one space per every leasable hangar space, plus sufficient parking required for any other approved on-site use.
C.
Freight terminal.
(1)
Freight terminals are lands and buildings representing either end of one or more truck carrier line(s) principally serving several or many businesses, and which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
D.
Distribution center.
(1)
Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of the materials and products of a single user. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
E.
Livestock or farm commodity trucking.
(1)
A livestock or farm commodity trucking use is a type of freight service dedicated primarily to movement of locally produced agricultural products principally serving one or more farms or lumber operations, and which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities. Trucking services not specifically related to local agriculture production shall instead be regulated as a freight terminal.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(c)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from nonindustrial zoned areas and public rights-of-way, up to the maximum fence heights allowed under section 520-83.
(d)
Activity and storage areas shall not be permitted in the minimum required front yard.
(e)
Minimum required off-street parking: one space per each employee on the largest work shift.
(Ord. No. 16-07, 6-20-2016)
A.
Light industrial.
(1)
Light industrial uses are industrial facilities, manufacturing operations, and contractor shops at which all operations are conducted entirely within an enclosed building, with the exception of fully screened outdoor storage and loading operations. Light industrial facilities are those which are not associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line and which do not pose a significant safety hazard such as danger of explosion. A light industrial land use may conduct retail sales activity as an accessory use in accordance with the requirements of section 520-27L. Landscape contractors and indoor aquaculture uses, which include the farming of aquatic organisms (plants and animals) under controlled conditions that are located entirely within an enclosed building and utilize recirculating (closed) system technology (including aquaponics), are considered light industrial uses. Primary food processing activities involving the processing of cabbage, fish and fish products, and meat products shall be considered and regulated as heavy industrial land uses. Breweries, distilleries, wineries, and coffee roasters that exceed one or more limitations of the microbeverage production facility land use are considered light industrial uses. Crematoriums shall be considered heavy industrial uses, except where accessory to a funeral home and where serving only customers of the funeral home.
(2)
Performance standards:
(a)
All activities shall be conducted entirely within the confines of a building, except for parking, circulation, loading and unloading, and outdoor storage.
(b)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(c)
Screening meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting commercially zoned property.
(d)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from all adjacent properties and rights-of-way, up to the maximum fence heights allowed under section 520-83.
(e)
All primary outdoor storage areas shall be placed on a hard surface.
(f)
No loading, unloading, or storage shall be permitted in the minimum required front yard.
(g)
The use shall comply with all of the performance standards in Article XII.
(h)
Minimum required off-street parking: one space per each employee on the largest work shift. The parking lot shall be paved.
B.
Heavy industrial.
(1)
Heavy industrial uses are industrial facilities at which operations have one or more of the following characteristics: conducted partially or wholly outside of an enclosed building (not including loading/unloading operations); associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; and/or involving materials that pose a significant safety hazard (such as danger of explosion). Examples of heavy industrial land uses include slaughterhouses; tanneries; primary meat processing and fish processing; cabbage processing; alcoholic beverage producers other than breweries and wineries; paper, pulp, or paperboard producers; chemical and allied product producers (except drug producers); petroleum and coal product producers; asphalt, concrete, or cement producers; stone, clay, or glass product producers; power production facilities (power plants); primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
(2)
Performance standards:
(a)
A buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(b)
Screening meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting commercially zoned property.
(c)
In some circumstances, the plan commission may require additional planting screen buffers between conflicting or contrasting land uses and/or to provide visual and sound screening along highways and major rights-of-way. Such plantings shall conform to plans required as part of site plan submittal and in accuracy and detail sufficient for review by the plan commission.
(d)
All primary outdoor storage areas shall be placed on a hard surface.
(e)
All indoor activity areas and outdoor storage areas shall be located a minimum of 100 feet from residentially zoned property, institutional residential uses, or indoor institutional uses.
(f)
Minimum required off-street parking: one space per each employee on the largest work shift.
C.
Communications tower.
(1)
Communications tower uses include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio, or other land uses directly related to the function of the tower. See land use descriptions and regulations associated with exterior communication devices regulated as accessory uses later in this section, where, unlike communications towers, the communications use is clearly incidental to the principal use on the site. It is the policy of the village to encourage the placement of communications devices on preexisting towers and other support structures (e.g., water towers) over the erection of new communications towers.
(2)
Performance standards:
(a)
Each application for a conditional use permit, site plan approval, and/or building permit under this subsection shall include the following information:
1.
The name and business address of, and the contact individual for, the applicant.
2.
The location of the proposed or affected communications tower or other support structure.
3.
The location of the proposed equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment.
4.
If the application is for a substantial modification to an existing communications tower or other support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. For purposes of this Subsection C, "substantial modification" means the modification of a communications tower, including the mounting of an antenna on such a structure, that does any of the following:
[a]
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
[b]
For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.
[c]
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
[d]
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
5.
If the application is to construct a new communications tower, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
6.
If an application is to construct a new communications tower, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
7.
Evidence and information to indicate compliance or intent to obtain compliance with other applicable provisions of this subsection and chapter.
(b)
Each communications tower and modification thereto shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(c)
If an application is to construct a new communications tower, the village may consult with a third party to verify that co-location on an existing communication tower or other support structure within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. All costs and expenses associated with such consultation shall be borne by the applicant, except for travel expenses. Failure to pay such costs and expenses or provide related information to the third-party consultant shall be grounds for denial of the conditional use permit.
(d)
Each communications tower shall be placed or constructed so it can be utilized for the co-location of additional antenna arrays to the extent technologically and economically feasible. The village shall, unless it is shown to be unreasonable, condition the granting of each conditional use permit upon the applicant placing or constructing the communications tower to accommodate, at a minimum height of 150 feet, the co-location of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Co-location sites need not be available on the tower as initially placed or constructed, provided that the tower will support the later addition of the required number of co-location sites at the specified minimum height. The holder of each conditional use permit under this subsection C and the predecessor chapter shall make the co-location sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the co-location sites and a fair return on investment.
(e)
Each communications tower and associated equipment shall, to the extent determined possible by the village board, be installed in a fashion to lessen the visual impacts of such installation.
(f)
For communications towers erected after the effective date of this chapter, and in conjunction with the installation of new ground-mounted buildings or equipment totaling 300 square feet or greater, the applicant shall provide a buffer yard meeting the requirements of subsection 520-79.C(4) along all property borders abutting residentially zoned property. Other landscaping requirements of article XI shall also apply.
(g)
A new or amended conditional use permit and site plan shall be required for a substantial modification to an existing communications tower. Neither a conditional use permit nor site plan approval shall be required for any modification, including co-location, that is not defined as a "substantial modification," but a building permit shall be required.
(h)
Prior to the issuance of a building permit for a communications tower erected after the effective date of this chapter, the applicant shall provide a written agreement stating that if the communications tower, antennas, or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower, antennas, or transmitters upon written request from the zoning administrator at no cost to the village within 60 days of such request. If such listed items are not removed within 60 days of such notification, the village may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the village with written notice of the cessation of use. A performance bond or deposit of $20,000 shall be required to ensure compliance with all applicable requirements for removal of the communications tower and equipment.
(i)
The owner of any communications tower shall maintain insurance against liability for personal injury, death, or property damage caused by the maintenance and/or operation of the communications tower and accessory structures with a single combined limit of not less than $1,000,000 per occurrence. The policy shall contain a provision that it may not be canceled or materially modified without the approval of the village. The owner shall provide the village with a certificate of such insurance before issuance of a building permit and upon each policy renewal thereafter.
(j)
Upon written inquiry from the village, the recipient of a conditional use permit under this subsection C shall have the burden of presenting credible evidence establishing the continued compliance with the approved plans and all conditions placed upon the conditional use permit. Failure to establish compliance with the approved plans and all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. If the village determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all costs and expenses associated with such consultation shall be borne by the holder of subject conditional use permit, except for travel expenses. Failure to pay such costs and expenses or provide information requested by the village shall be grounds for revocation of the conditional use permit.
(k)
Upon written inquiry from the village, any owner or operator of a communications tower shall provide information on the tower, including but not limited to available sites on the tower for potential co-locators; evidence that such co-location sites are in fact available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the tower owner to recoup the cost of providing the co-location sites and a fair return on investment; contact information for future co-location inquiries that the village may receive; and number and placement of antenna arrays and ground-mounted equipment, type of service provided (e.g., 4G LTE, etc.), contact information, and expiration dates of user agreements or leases associated with all current users of the tower.
(l)
In its evaluation of any permit or plan approval for a communications tower, the applicable limitations under Wis. Stats. §§ 66.0404(4) and 66.0406(2) shall apply.
(m)
Minimum required off-street parking: one space per each employee vehicle needed for ongoing maintenance.
(n)
A minimum setback equal to the total height of the tower shall be required for any communications tower that is adjacent to a parcel that has single-family detached residences as a permitted use. See section 520-17 (chapter 520 attachment 1) and section 520-18 (chapter 520 attachment 2) for zoning districts that have single-family detached residences as a permitted land use.
D.
Nonmetallic mineral extraction.
(1)
Nonmetallic mineral extraction uses are any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Wisconsin Statutes may limit village regulation of nonmetallic mineral extraction operations associated with projects completed by the state department of transportation.
(2)
Performance standards:
(a)
In addition to the information normally required for conditional use permit applications, each application for approval of a new or expanded nonmetallic mineral extraction operation shall include the following information:
1.
A written description of the proposed operation, including the types and quantities of the materials that would be extracted; proposed dates to begin extraction, end extraction, and complete reclamation; geologic composition and depth and thickness of the mineral deposit; existing use of the land and proposed use after reclamation; existing natural and archaeological features on and adjacent to the site; where extracted materials would be hauled and over what roads; types, quantities, and frequency of use of equipment to extract, process, and haul; types of materials and equipment used or stored on site; whether and how frequently blasting, drilling, mining, crushing, screening, washing, refueling, fuel storage, asphalt batching, or concrete mixing would be performed on site; if washing is to be performed, estimated daily quantity of water required, its source and its disposition; whether excavation will occur below the water table and, if so, how ground water quality will be protected; description and elevations of all temporary or permanent structures; proposed hours and days of operation; and any special measures that will be used for spill prevention and control, dust control, or environmental protection.
2.
A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, and utilities; existing natural features, including lakes, streams, floodplains, wetlands, and shoreland areas; all dwellings and private and municipal wells within 1,000 feet; location of the proposed extraction, staging areas, fueling, fuel storage, and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of screening berms, fencing, and/or landscaping; and proposed temporary and permanent structures, including scales and offices.
3.
An erosion control plan, drawn to scale by a professional engineer, meeting all applicable village, state, and county requirements.
4.
A reclamation plan prepared in accordance with the Wisconsin Administrative Code and the county nonmetallic mining reclamation ordinance, and clearly depicting proposed stages of restoration, proposed contours following restoration, depth of topsoil and vegetative cover, and proposed land use.
(b)
Each nonmetallic mineral extraction operation, regardless of when established, shall have on file with the zoning administrator current operational, erosion control, and reclamation plans covering the subject matter in subsection A above, in no case later than 180 days from the effective date of this chapter. Operations established before the effective date of this chapter shall operate and restore the site in compliance with previous approved plans and conditions; with the provisions of this chapter; and to assure public safety, minimization of nuisances, and proper restoration of the site, provided that such requirements shall not be economically and technically unreasonable with respect to existing conditions.
(c)
For new and expanded operations, a buffer yard meeting the requirements of subsection 520-79.C(4) shall be provided along all property borders abutting residentially zoned property.
(d)
The conditional use permit may include limits on the amount of time the nonmetallic mineral extraction use shall remain in operation and/or hours and days of operation.
(e)
The conditional use permit may include restrictions and/or hours for blasting, drilling, screening, asphalt batching, washing, and other processing.
(f)
All mineral extraction activities and washing, crushing and similar processing shall be at least 50 feet from any right-of-way or property line, and 200 feet from a residential dwelling. All ancillary operations, such as offices, parking areas, and stockpiles, shall be at least 50 feet from any right-of-way or property line. This provision shall apply to all nonmetallic mineral extraction operations, including preexisting ones, except to the extent that buildings, structures, and surface activity areas were closer than specified as of the effective date of this chapter.
(g)
To prevent tracking of mud onto public roads, access driveways for all new and expanded nonmetallic operations shall be hard-surfaced within 50 feet of the public right-of-way, unless the adjacent road is not hard-surfaced.
(h)
All public roads to all nonmetallic mineral extraction operations, including operations established prior to the effective date of this chapter, shall be kept free of all mud, debris, and dust by sweeping or other means.
(i)
Access to all nonmetallic mineral extraction sites shall only be through points designated as entrances on the site or operations plan map or as otherwise legally established. The operator shall secure such access points when the site is not in operation.
(j)
For all nonmetallic mineral extraction operations, the site and driveway shall be sprayed to control dust, except when the temperature is below freezing. Spraying may also be required in and around the excavation pit to further reduce dust. All operations and sites, regardless of when established, shall also meet the air pollution standards in section 520-92.
(k)
The conditional use permit may include provisions for the upgrade, repair, and maintenance of public roads serving the use, which shall depend on the intensity of the operation and the existing condition and capacity of such roads. A bond or other performance guarantee for such work may be required as part of the conditional use permit provided that a clear relationship is established between the operation and the need for road upgrades, repair, and maintenance.
(l)
If any public road is damaged or destroyed as a result of any nonmetallic mineral extraction operation, including operations established prior to the effective date of this chapter, the owner shall restore or pay for the restoration of the same to an acceptable condition and value. The owner shall have the right to show and bear the burden of proof in showing that the indicated damage was not the result of its operation.
(m)
On-site bulk fuel storage areas and areas for fueling of equipment shall be located in accordance with the Wisconsin Administrative Code and state statutes. A conditional use permit granted for a new or expanded operation may also require that such areas, facilities, and equipment be located above the water table to minimize the potential for groundwater contamination.
(n)
If blasting, drilling, or other processing is requested, additional standards or conditions may be applied to the conditional use permit with relation to frequency, dust, noise and vibration levels, notice to neighbors, pre-inspection of neighboring basements and wells, and claims procedures in accordance with the Wisconsin Administrative Code.
(o)
For all nonmetallic mineral extraction operations, including operations established prior to the effective date of this chapter, noise levels shall kept at or below allowable limits under section 520-91.
(p)
For nonmetallic mineral extraction operations established or expanded after the effective date of this chapter, the area of extraction shall be completely enclosed by a security fence meeting applicable requirements of section 520-83, or maintained at a slope not to exceed 3:1.
(q)
The owner of each nonmetallic mineral extraction operation, regardless of when established, shall maintain insurance against liability for personal injury, death or property damage caused by the maintenance and/or operation of the nonmetallic mineral extraction operation and accessory structures. Such insurance policy shall have a single combined limit of not less than $1,000,000.00 per occurrence and contain a provision that it may not be canceled or materially modified without the approval of the village. The owner shall provide the zoning administrator with a certificate of such insurance before issuance of a building permit, upon each policy renewal thereafter, and otherwise upon written request.
(r)
Upon written inquiry from the village, each nonmetallic mineral extraction operation, regardless of when established, shall have the burden of presenting credible evidence establishing the continued compliance with applicable provisions of this subsection D, and approved plans and conditions placed upon the conditional use permit or any other prior or subsequent village approval. Failure to establish compliance with applicable provision, the approved plans, and all conditions placed upon the conditional use permit or other village approval shall be grounds for revocation of the permit. If the village determines that it is necessary to consult with a third party to ascertain compliance, all costs and expenses associated with such consultation shall be borne by the owner of the nonmetallic mineral extraction operation. Failure to pay such costs and expenses or provide information requested by the village shall be grounds for revocation of the conditional use permit or other village approval, and/or enforcement under the provisions of this chapter.
(s)
Minimum required off-street parking: one space per each employee on the largest work shift.
(Ord. No. 16-07, 6-20-2016; Ord. No. 18-09, 6-26-2018; Ord. No. 20-23, 10-27-2020; Ord. No. 21-04, 2-23-2021)
A.
Detached accessory structure (for nonresidential use).
(1)
Such structure is an accessory structure serving a nonresidential principal land use and building (e.g., an industry or commercial service use), but not attached to the principal building.
(2)
Performance standards:
(a)
Any such structure exceeding 2,000 square feet or the maximum height for an accessory structure established in figures V(5) and V(6) [6] shall be regulated as a principal structure.
(b)
No detached accessory structure (for nonresidential use) shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise stated in this chapter.
(c)
See figures V(5) and V(6) for setback, floor area, and coverage standards associated with detached accessory structures in nonresidential zoning districts.
(d)
Except within an agricultural zoning district, no hoop building or structure of similar design shall be permitted as a detached accessory structure (for nonresidential use), except on a temporary basis for a maximum of five consecutive days within a 30-day period for a special event such as a sale or on the property following issuance of a temporary use permit.
(e)
No detached accessory structure (for nonresidential use) shall be occupied as a dwelling unit or otherwise used for human habitation, unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
(f)
Each detached accessory structure (for nonresidential use) shall meet associated building and site design standards in section 520-76.
B.
Detached accessory structure (for residential use).
(1)
Such structure is an accessory structure serving a residential principal land use and building (e.g., a house or apartment building), but not attached to the principal building. It includes detached residential garages (including carports attached to detached garages) designed primarily to shelter parked passenger vehicles; utility sheds used primarily to store residential maintenance equipment for the same property; private recreation structures such as gazebos, and detached elevated decks or walkways associated with residential uses. Pole buildings shall be prohibited in any residential zoning district.
(2)
Performance standards.
(a)
See figures V(1) and V(2) [7] for the setback, floor area, and coverage standards associated with detached accessory structures in residential and rural residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) for each zoning district.
(b)
No detached accessory structure (for residential use) shall be constructed on any lot prior to the establishment of a principal use on that same lot.
(c)
Except within the Agricultural and Residential Zoning District, no hoop building shall be permitted as a detached accessory structure (for residential use), except on a temporary basis for a maximum of five consecutive days within a 30-day period for a special event such as a sale on the property following the issuance of a temporary use permit.
(d)
Exterior walls of residential detached accessory structures shall be sided with wood, masonry, concrete, stucco, Masonite, vinyl or metal lap, or similar material approved by the zoning administrator. The exterior siding shall extend to the top of the foundation. If the top of the foundation is below grade, the siding shall extend to the ground. Siding shall be of similar material and color as the siding on the principal structure, except that where the siding on the principal building is stone or brick, another compatible material may be selected.
(e)
Roofs of residential detached accessory structures shall be surfaced with any of the following materials: wood shakes; asphalt, composition, or wood shingles; clay, concrete or metal tiles; slate; built-up gravel materials; architectural standing seam metal roofing; metal roofing; rubber membrane (for flat roofs or roofs with no greater than a 1:12 pitch); or similar material approved by the zoning administrator. Shingles or other roof surfaces shall be of similar material and color as the roof surface of the principal building.
(f)
No detached accessory structure (for residential use) shall be taller or have more floors above ground level than the principal building.
(g)
No detached accessory structure (for residential use) shall occupy any portion of the minimum required front setback for principal structures in the zoning district.
(h)
No detached accessory structure (for residential use) shall be located closer than ten feet from any other building on the lot, unless applicable building code requirements for one-hour fire-rated construction are met.
(i)
No detached accessory structure (for residential use) shall involve or include the conduct of any business, trade, or industry, except for home occupations and residential businesses as described and limited elsewhere in this article IV.
(j)
No detached accessory structure (for residential use) shall be occupied as a dwelling unit or otherwise used for human habitation unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
C.
Family day-care home (four to eight children). Occupied residences in which qualified persons provide child care for four to eight children. The care of fewer than four children is not subject to the regulations of this chapter. See also Wis. Stats. § 66.1017(1)(a). These shall not be considered home occupations or residential businesses for purposes of this chapter.
D.
Intermediate day-care home (nine to 15 children). Occupied residences in which qualified persons provide child care for nine to 15 children. See also Wis. Stats. § 48.65. These shall not be considered home occupations or residential businesses for purposes of this chapter.
E.
Home occupation.
(1)
A home occupation is a low-impact economic activity performed within a dwelling unit and/or its attached garage, where the principal use of the lot is the residence of the person conducting the economic activity.
(2)
Performance standards:
(a)
The occupation shall be conducted only within the dwelling and/or an attached garage.
(b)
The area used to conduct the home occupation shall not exceed 25 percent of the improved square footage of the dwelling unit, excluding the garage, and shall not exceed 25 percent of the area of any floor.
(c)
A home occupation shall be undertaken only by a member of the immediate family residing on the premises.
(d)
There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling, except for signage. Signage shall be as permitted for home occupations in article XIII.
(e)
No activity, materials, goods or equipment incidental to the home occupation shall be externally visible, except for one licensed car, van, or light-duty truck used for the home occupation and external storage normally allowed for the principal residential use.
(f)
No home occupation shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood.
(g)
No mechanical or electrical equipment may be used other than such as customarily incidental to domestic use or that creates any disturbance at the property line.
(h)
The use shall not involve the use of commercial vehicles for more than the occasional delivery of materials to or from the premises.
(i)
No home occupation, combined with the principal residential use of the property, shall generate more than 15 vehicle trips per day.
F.
Residential business.
(1)
Compared to a home occupation, a residential business is a higher-impact economic activity performed in a dwelling unit, its attached garage, and/or its detached accessory structure (for residential use), where the principal use of the lot remains the residence of the person primarily conducting the economic activity.
(2)
Performance standards:
(a)
A residential business may be conducted within the dwelling, an attached garage, and/or in a permanent detached accessory structure (for residential use).
(b)
The area used to conduct the residential business shall not exceed 25 percent of the improved square footage of the principal dwelling unit, excluding any attached garage.
(c)
The plan commission may impose additional limitations on the percentage of the property and/or buildings that may be devoted to the occupation.
(d)
Subject to plan commission approval, a residential business may employ up to one employee living off site, provided an immediate family member residing on site is the principal owner and operator of the business.
(e)
No activity, materials, goods or equipment incidental to the residential business shall be externally visible, except for one licensed car, van, or light-duty truck used for the residential business and external storage normally allowed for the principal residential use.
(f)
No residential business may include retail sales other than items produced or value-added on site. The plan commission may prohibit or limit the on-site sale of items or products produced or enhanced on the premises.
(g)
No residential business shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood.
(h)
No mechanical or electrical equipment may be used that creates any disturbance at the property line.
(i)
Signage shall be as permitted for residential businesses in article XIII.
(j)
Each conditional use permit for a residential business shall run with the applicant and not with the land.
G.
Animal fancier. An accessory use wherein a person who owns or keeps, within or adjoining a residence, four to ten dogs or five to ten cats for personal and noncommercial purposes, which are limited to hunting, tracking, exhibition in dog shows, obedience trials, field trials, dog sledding, animal foster rescue or to enhance or perpetuate a given breed, and who has secured a license for such activity in accordance with the provisions of this chapter and chapter 200 of the Kronenwetter Municipal Code.
H.
Keeping of farm animals on residential lots.
(1)
This is the keeping or raising of farm animals on a residential lot, in zoning districts where allowed under figure 520-17 [8] and where such activity is clearly accessory to the principal residential use. Farm animals are as defined in article XVI. The animals may be kept for show, breeding, or products that are predominantly consumed or used by the residents of the same lot. Gardening and residential composting are allowed in all zoning districts.
(2)
Performance standards:
(a)
All animals shall be kept within a completely enclosed area.
(b)
Uses shall meet all performance standards in article XII, including odor standards in section 520-93.
(c)
To be considered an accessory use within any RR-2 Zoning District:
1.
The only permitted farm animals are chickens, ducks, and bees.
2.
All animal enclosures and beehives shall meet the minimum interior side and rear setback requirements for detached accessory buildings per figure V(2).
3.
No animal enclosure shall be located closer than ten feet from the principal building.
4.
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage.
(d)
Within the AR and RR-5 Zoning Districts:
1.
The keeping or raising of hogs as an accessory use to the principal residential use shall be limited to no more than two hogs.
2.
The raising or keeping of farm animals shall be permitted at a density not to exceed one animal unit per every acre owned, not considering fractional amounts of acreage. The zoning administrator may approve modifications and exceptions to this animal unit density standard if, each year the normal density standard is to be exceeded, the landowner provides conservation compliance documentation from Marathon County signifying that the keeping of a higher density of animal units is in compliance with all NR 151 agricultural runoff performance standards and prohibitions.
(e)
The keeping of bees shall be governed by the following additional regulations:
1.
No more than one beehive shall be kept for each 5,000 square feet of lot area.
2.
The front of any beehive shall face away from the property line of the residential property closest to the beehive. A flyway barrier consisting of a solid fence of six feet in height or a dense hedge at least six feet in height shall be placed along the side of the beehive that contains the entrance to the hive, be located within five feet of the hive, and extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 25 feet from all property lines.
3.
A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
4.
No Africanized bees may be kept.
I.
Company cafeteria. A food service operation that provides food only to company employees and their guests, meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.
J.
Company-provided on-site recreation or child care. Any recreational or child-care facility located on the same site as a principal land use, and that is reserved solely for the use of company employees and their occasional guests, and licensed as may be required by the state.
K.
Indoor sales incidental to storage or light industrial land use.
(1)
Such sales include any retail sales activity conducted exclusively indoors that is incidental to a principal land use such as warehousing, wholesaling, or any light industrial land use on the same site.
(2)
Performance standards:
(a)
The total gross floor area devoted to sales activity shall not exceed 25 percent of the total gross floor area of the buildings on the property. Areas devoted to uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit.
(b)
The indoor sales area shall be physically separated by a wall from other activity areas.
(c)
Parking requirement: Adequate parking, per the requirements for indoor sales or service land uses, shall be provided for customers. Said parking shall be in addition to that required for the light industrial or other uses on the lot.
L.
Light industrial activities incidental to indoor sales or services.
(1)
Such activities are any light industrial uses conducted exclusively indoors that are incidental to another principal land use such as an indoor sales or service land use on the same site.
(2)
Performance standards:
(a)
Such activities must be conducted exclusively indoors.
(b)
The floor area devoted to light industrial activities must not exceed 75 percent of the total floor area of the buildings on the property.
(c)
Such activity area must be physically separated by a wall from other activity areas that are available for public access.
(d)
Such activities must not generate any noise, odor, or vibration at any property line.
(e)
Such activities may not operate between the hours of 9:00 p.m. and 6:00 a.m.
M.
Outdoor display incidental to indoor sales or service.
(1)
Such display is any outdoor display use as defined in subsection 520-23.F of this section that does not exceed 15 percent of the total sales area of the principal building on the site, or 15 percent of the gross floor area of the principal use(s) with which it is associated, whichever is less.
(2)
Performance standards:
(a)
Such displays shall comply with all conditions applicable to a principal outdoor display principal use.
N.
Outdoor alcohol area.
(1)
Outdoor alcohol areas are those that serve or allow for the consumption of alcohol outside of the principal structure, generally associated with an approved indoor commercial entertainment use such as a restaurant, tavern, bar, and/or live music venue, but possibly also certain indoor institutional uses and other land uses. Examples of outdoor alcohol areas include, but are not limited to, beer gardens and outdoor dining and recreational areas (e.g., volleyball courts) that allow the consumption of alcohol.
(2)
Performance standards. The following standards shall apply to all outdoor alcohol areas established or expanded after the effective date of this chapter:
(a)
When the property is located within 100 feet of a residential district lot line, an outdoor alcohol area shall require a conditional use permit.
(b)
Non-temporary outdoor alcohol areas shall be set back a minimum of 100 feet from any residential use in any zoning district and provide a buffer yard meeting the requirements of subsection 520-79.C(4) along all property borders abutting residentially zoned property.
(c)
The maximum allowable area for an outdoor alcohol area shall not exceed 50 percent of the indoor gross floor area where accessory to a principal indoor commercial entertainment use.
(d)
The exterior may be required to be enclosed with a fence or wall as limited by state statute. Emergency exits shall be provided in accordance with applicable fire and building codes.
(e)
Except as a temporary use or in conjunction with a recreational use, an outdoor alcohol area must be located on an impervious surface or hard all-weather decking material.
(f)
Except where otherwise specified by the conditional use permit, outdoor alcohol areas shall not open earlier than 7:00 a.m. or remain open later than 11:00 p.m. on any day.
(g)
Except where otherwise limited by conditional use permit, outdoor alcohol areas may play amplified music, whether live or recorded, and may have speakers, microphones, televisions, or other audio or video devices, provided all noise standards established in section 520-91 are met.
(h)
Outdoor alcohol areas shall at all times comply with all applicable regulations concerning accessibility and nondiscrimination in the providing of service.
(i)
Conditional use permit applications shall include operational details and site plan details addressing each of the requirements above in addition to the requirements for site plan review in section 520-124. Any application for this use directly abutting a public right-of-way shall include details regarding the specific location of public street improvements, and how the activity will be kept off of the public street.
(j)
Each outdoor alcohol area shall meet all state and local permit and license requirements before commencing operations and at all times during operation, including but not limited to a local liquor license and a state department of health and family services permit to operate said establishment pursuant to Wis. Stats, ch. 254.
(k)
Minimum off-street parking requirements: one space for every three persons at the maximum capacity of the outdoor alcohol area.
O.
Small exterior communication device.
(1)
Such devices include rooftop antennas 15 feet in height or less as measured from the highest part of the roof to the top of the antenna and satellite dishes; and/or ground-mounted antenna arrays 15 feet in height or less as measured from the ground, with an area of seven square feet or less, generally used for receiving television, radio, telephone, or internet reception, but allowable for other forms of transmission or reception (except for cellular and digital communication facilities).
(2)
Performance standards:
(a)
Small exterior communications devices shall meet setback standards applicable to accessory structures.
(b)
Small exterior communications devices shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Code, Federal Communications Commission, and the instructions of the manufacturer.
P.
Large exterior communications device.
(1)
Such device includes any apparatus capable of sending and/or receiving communications from a transmitter or a transmitter relay, and consisting of satellite dishes with an area greater than seven square feet; antennas greater than 15 feet in height as measured from highest part of the roof to the top of the antenna; and/or ground-mounted antenna arrays 15 feet in height or greater as measured from the ground. It does not include any commercial cellular and digital communication facilities that are mounted on a communications tower, which instead was described and regulated as a principal use earlier in this article. Amateur radio towers shall be considered a large exterior communications device. The village shall make reasonable efforts to provide minimal practical restrictions for the approval of such structures that meet the purpose of this chapter.
(2)
Performance standards:
(a)
No large exterior communications device shall be erected or installed within the front yard or street side yard. In nonresidential districts, if reasonable reception of signals is not possible within an interior side or rear yard placement due to the physical characteristics of the lot and area, such facility may be placed in the front yard or street side yard, or on a building roof. Any ground-mounted device and its supporting structure shall be located a minimum of ten feet from any interior side or rear property line.
(b)
There shall be not more than one large exterior communications device per residentially zoned lot. On residentially zoned lands, large exterior communications devices shall not be allowed on rooftops, and the total height of ground-mounted signal-receiving devices and any platform or structure upon which said device is mounted or affixed shall not exceed 15 feet in height as measured from the ground to the highest point of the device.
(c)
Signal-receiving antennas attached to any structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The zoning administrator may require engineering calculations.
(d)
The signal-receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services or cellular transmission.
(e)
In nonresidential zoning districts, ground-mounted signal receiving devices, including any platform or structure upon which said device is mounted or affixed, may not exceed 18 feet in height.
(f)
All such devices shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.
(g)
Large exterior communication devices shall be erected and installed in accordance with the Wisconsin State Electrical Code adopted by reference in the National Electrical Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables, and conduits must also be underground. The location of all such underground lines, cables, and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.
(h)
No form of advertising or identification sign or mural is allowed on any part of the device other than the customary manufacturer's identification and warning plates.
(i)
Communications devices shall be filtered, positioned, and/or shielded so as to prevent the emission and reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on the same or adjacent properties in accordance with Federal Communications Commission regulations. In the event that harmful interference is caused subsequent to its installation, the owner of the communications device shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(j)
Supporting structures and equipment for antennas and satellite dishes shall be screened with foundation landscaping, decorative fencing, or placement within a building.
(k)
The installation and use of all signal-receiving antennas shall be in conformity with the Federal Cable Communications Policy Act of 1984 [9] and regulations adopted thereunder.
(l)
In making a recommendation on each conditional use permit application for an amateur radio communication device that exceeds 15 feet in height, the plan commission shall make reasonable efforts to formulate reasonable conditions and the minimal practical restrictions that will allow for the approval of such facilities and shall deny such application only if it finds that the requested use, if installed and operated in accordance with all reasonable conditions and restrictions, will cause a significant danger to the aesthetics, public safety or welfare of the surrounding area in accordance with Wis. Stats. § 62.23(7)(hf). It shall be a condition to each conditional use permit for an amateur radio communication device that the operation of the amateur radio service using such antenna shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission.
Q.
Geothermal energy system (GES).
(1)
A geothermal energy system (GES) is a central heating and/or cooling system that uses the moderate temperatures of subsurface ground or a body of water to assist with the heating or cooling of a building or a building's water. A GES requires an underground heat exchanger, in the form of a network of underground or underwater pipes or tubes filled with a liquid medium (refrigerant, water mixed with antifreeze, or water). The liquid medium within the heat exchanger is transferred between a structure and the heat exchanger via pumps. In an open loop GES, groundwater or surface water is continuously drawn from an outside source through the heat exchanger pipes and discharged after use. In a closed loop GES, the system is designed so that heat exchanger fluid does not come in direct contact with soils, groundwater, or surface water.
(2)
Performance standards:
(a)
Mechanical pumps used to move water between heat exchanger structures shall be located entirely within principal or accessory structures.
(b)
Underground GES pipes or tubes shall be set back a minimum of ten feet from any lot line, public right-of-way, buried utility line, utility easement, and permanently protected natural resource area.
(c)
Underground GESs shall comply with state requirements regarding setbacks from private or public water wells.
(d)
Earthmoving or drilling activities associated with installation or maintenance of the underground element of GES heat exchangers shall comply with applicable erosion control requirements.
(e)
Installation of a GES within the WHP Wellhead Protection Area Overlay District shall be allowed subject to review and approval by the director of public works and in accordance with all applicable licensing and permit requirements.
(f)
All activities, materials, structures, and products associated with the installation and maintenance of a GES shall comply with applicable state-approved standards and drilling permit procedures and shall meet the certification standards established by the IGSHPA or other professional geothermal system accreditation association recognized by the State of Wisconsin. Materials shall be able to withstand long-term exposure to the levels of moisture and/or acidity of soils of the site.
(g)
Open loop GESs using only water as the heat exchange fluid shall be permitted. GESs may not be installed directly in a navigable body of water, and discharged water shall meet the state requirements for thermal and other water pollutants. Discharged water shall not be directed onto adjacent property or interfere with the function of on-site or off-site stormwater management structures.
(h)
In closed loop GESs, only heat exchange fluids certified by the State of Wisconsin for use with underground heat exchangers may be utilized. Heat exchange fluids shall not pose a contamination hazard to groundwater quality. Fluids removed from closed loop heat exchangers shall be disposed of in accordance with state and federal requirements and shall not be discharged onto neighboring properties.
R.
Small wind energy system.
(1)
This is equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy with an installed nameplate capacity of not more than 100 kilowatts each and a total installed nameplate capacity of not more than 300 kilowatts.
(2)
Performance standards. The following performance standards shall apply to any new small wind energy system, and to any expansion or other material change to any existing small wind energy system:
(a)
It shall be subject to all definitions, provisions, and requirements of Wis. Adm. Code ch. PSC 128, and Wis. Stats. § 66.0401, that are applicable to small wind energy systems, including the owner's and the village's responsibilities under such requirements, except as limited by the standards below.
(b)
The height and setback of a small wind energy system near airports, heliports, or helipads shall be as follows:
1.
If near a public use airport, it shall comply with Wis. Stats. § 114.135 or § 114.136, or if no applicable height or setback provision is contained in such sections, it shall comply with Federal Aviation Administration obstruction standards in 14 CFR 77.
2.
If near a private use airport or private heliport/helipad at a medical facility used for air ambulance service, it shall comply with Federal Aviation Administration obstruction standards for private use airports or public use heliports/helipads, respectively.
3.
If the small wind energy system includes turbine-mounted lighting, such lighting shall include shielding or control systems approved by the Federal Aviation Administration to reduce visibility of lighting to individuals on the ground, to the extent determined practical by the zoning administrator.
(c)
No small wind energy system, or an expansion or material change to an existing system, shall be constructed prior to obtaining zoning and building permits. In addition to meeting zoning permit and building permit application requirements, the applicant shall submit all application materials required under Wis. Adm. Code § PSC 128.30(2), as limited for small wind energy systems by Wis. Adm. Code § PSC 128.60, along with information showing that the applicant has complied with the notice requirements in Wis. Adm. Code §§ PSC 128.105 and PSC 128.30(5), with such notices also providing contact information for the zoning administrator.
(d)
After receiving an application for zoning and building permit approval for a small wind energy system (or expansion or material change thereto), the zoning administrator shall:
1.
Determine the completeness of the application, and notify the applicant in writing whether the application is complete or incomplete, no later than 15 days after the day the application is filed.
2.
Publish a class 1 notice per Wis. Stats. § 66.0401(4)(a)1, including a brief description of the proposed small wind energy system, its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments, and the approximate schedule for review of the application by the village.
3.
Make the application available for public review at the nearest public library to the proposed installation and at the zoning administrator's office.
4.
Accept written public comments on the application for 20 days after the class 1 notice is published, or until the administrative hearing is held, whichever is later.
5.
Prior to action on the zoning and building permit, conduct an administrative hearing to obtain comments on and to inform the public about the proposed small wind energy system.
6.
Either grant or deny the land use permit within 60 days of the submittal of a complete application.
(e)
The village may hire professional consultants to assist with the review and processing of the application. In addition to paying the required permit fees, the applicant for any large wind energy system shall reimburse the village for such consultant time, within 30 days of receipt of an invoice from the village, per the requirements and limitations in Wis. Adm. Code § PSC 128.32(5)(b).
(f)
Per Wis. Adm. Code § PSC 128.33(5), the zoning administrator may require a written report from the owner of an approved small wind energy system, no greater than once per year, documenting compliance over the previous calendar year with the requirements of this chapter; Wis. Adm. Code ch. PSC 128; Wis. Stats. § 66.0401; approved plans, conditions of approval, the requirement to maintain the system in good repair and operating condition; including all necessary state and federal permits and approvals; and including the maintenance log for each wind turbine. The log must contain the date and time maintenance was performed, the nature of the maintenance performed, and the reason for the maintenance. Such written report shall be provided within 60 days of the zoning administrator's request.
(g)
In the event that the village determines that a small wind energy system does not comply with the requirements of this chapter; Wis. Adm. Code, ch. PSC 128; Wis. Stats. § 66.0401; approved plans, conditions of approval, and the requirement to maintain the system in good repair and operating condition, the zoning and building permits may be revoked per normal procedures associated with such permits.
S.
Small solar energy system.
(1)
A small solar energy system is an energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is accessory to the principal use of the lot (such as a solar panel system providing energy for a dwelling on the same lot), and primarily supplies energy to such principal use.
(2)
Performance standards:
(a)
Rooftop, ground-mounted, and building-mounted solar energy systems shall comply with the height limits and minimum required yards for principal structures.
(b)
The requirements of the Wisconsin Statutes, including but not limited to Wis. Stats. §§ 66.0401 and 66.0403, shall apply to all small solar energy systems.
T.
Outdoor solid-fuel-fired heating device (SFFHD).
(1)
An outdoor SFFHD is any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(2)
Performance standards:
(a)
The outdoor solid-fuel-fired heating device shall meet the standards set forth in chapter 218, article III, of the Village of Kronenwetter Municipal Code.
U.
Private lake (pond).
(1)
A private lake or pond is a man-made water body containing water year round.
(2)
Performance standards:
(a)
The slope of the proposed pond is no steeper than 3:1.
(b)
The perimeter of the pond and all other associated disturbed areas shall be planted with vegetation within five days of completion of the excavation or construction. In cases where pond construction occurs during frozen soil conditions, the establishment of vegetation cover may be delayed until soils have thawed.
(c)
The private lake or pond must meet the setback requirements normally applicable to a principal building in the associated zoning district.
(d)
The stocking of a private lake or pond with fish for personal use shall be permitted. Commercial fish hatcheries shall be regulated as an agricultural use. Commercial fishing ponds shall be regulated as an outdoor commercial entertainment use.
V.
Vehicle course or track.
(1)
A vehicle course or track is any privately operated track, course, circuit, strip, or loop designed for use by motorized vehicles such as automobiles, trucks, ATVs, motorcycles, motocross bikes, dirt bikes, snowmobiles, go-carts, or boats, where an accessory use. Such uses occasionally are operated for recreational purposes for family use. This use shall meet the following performance standards.
(2)
Performance standards:
(a)
Minimum lot size shall be five acres.
(b)
If such use abuts any residentially zoned or used property, all track facilities shall be located a minimum of 200 feet from such property, and such use shall not be permitted to have night lighting nor operate between 8:00 p.m. and 8:00 a.m.
(c)
Such uses may be subject to enforcement actions under nuisance law and article XII for noise, dust, or other impacts.
W.
Donation dropoff box or vending machine.
(1)
A donation dropoff box or vending machine is a freestanding receptacle located outside of a building that is used either to a) automatically dispense small consumer goods, such as beverages, candy, and DVDs, when money is inserted, or b) collect clothing, shoes, or other contributions, generally collected from persons not occupying the premises on which the receptacle is located and with such contributions generally intended for reuse elsewhere. The term does not include a trash container or recycling bin designed to contain waste from a household, business, or other land use on the same premises.
(2)
Performance standards. The following standards shall apply to all donation dropoff boxes or vending machines installed as of the effective date of this chapter:
(a)
They shall require issuance of a zoning permit prior to installation, which shall be issued only upon evidence of compliance with this subsection and receipt of written authorization by the property owner or his legal representative.
(b)
They shall be set back from property lines a distance equal to accessory buildings in the district.
(c)
They must be placed on a hard, all-weather surface.
(d)
They shall not obstruct pedestrian or vehicular circulation or be located in a public right-of-way or approved parking space.
(e)
They shall not be placed in a fire lane, loading zone, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
(f)
They may be constructed of painted metal, rubber, wood, or plastic and shall be properly maintained in a safe and good condition.
(g)
They shall not be accompanied by any items stored or left outside of the container that houses the donation dropoff box or vending machine. The area around each donation dropoff box or vending machine shall be maintained by the property owner, free of litter and any other undesirable materials. All donated items must be collected and stored in the donation dropoff box.
(h)
Each donation dropoff box shall:
1.
Have a firmly closing lid.
2.
Have a capacity no greater than six cubic yards.
3.
Not exceed seven feet in height.
4.
Be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time.
5.
Display a notice stating that no items or materials shall be left outside of the donation drop-off box.
(i)
Each donation dropoff box or vending machine not located or maintained in compliance with this article shall be subject to revocation of the zoning permit or other enforcement actions under this chapter.
X.
Residential greenhouse (for residential use).
(1)
A residential greenhouse is a structure that has a glass or plastic roof, has one or more glass or plastic paneled wall(s), has an area over 95% of which is used to grow or cultivate plants and is not used for retail sales, has 150 square feet in area or less and has no electricity, HVAC or plumbing.
(2)
Performance standards.
(a)
Each property is allowed one greenhouse. This accessory structure will not count towards accessory structure quantity but does contribute to a property's accessory structure square footage allowance.
1.
See 520 attachment 3 - figure V(1): Rural, Open Space and Residential District Lot Dimension and Intensity Standards for maximum accessory structure floor area allowance calculations for each residential zoning district.
(b)
Such building shall be constructed on a permanent base consisting of at least six inches of gravel, three inches of concrete or a wooden platform. Each structure must be anchored to the base at a minimum of four points.
(c)
Such structure shall be framed with either wood, aluminum, iron, steel or other structurally sound material. Glass or plastic paneling shall be permitted for the sides. Utilizing tarps or any tarp-like material is prohibited.
(d)
Each residential greenhouse floor area shall be equal to or less than 150 square feet.
(e)
The maximum height of a greenhouse shall not exceed 15 feet.
(f)
Such structure must be detached from the primary residence and be set back a minimum of ten feet from any other structure on the property.
(g)
Such structures may not be constructed with electricity, HVAC or plumbing.
(h)
Per zoning administrator approval, in addition to a separate building permit application, items such as active solar panels, passive solar panels, water catchment systems, water storage systems, etc., can all be added to a residential greenhouse. Such items must be continuously maintained.
(i)
Such structure shall be used primarily for growing or cultivating plants, not storage or human habitation.
(j)
See figures V(1) and V(2) for setback, floor area, and coverage standards associated with detached accessory structures in residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) [10].
(k)
Residential greenhouses shall require the same fee as a typical detached yard shed for residential use.
(l)
Each structure shall be constructed to ensure strength and durability during the winter months.
Y.
Detached post-frame accessory buildings.
(1)
Post-frame buildings use high-quality, large sawn timber or laminated columns spaced at intervals. Generally, they are built on a concrete slab or utilize a gravel floor. The concrete floor can be added after the posts have been embedded into the ground or the posts can be anchored directly to a concrete slab. The frame in post-frame buildings consists of the posts and trusses creating one structural unit.
(2)
Performance standards.
(a)
Post-frame accessory buildings are permitted in all rural and open space zoned districts (RR2, RR5, AR, and PR).
(b)
See figures V(1) and V(2) [11] for the setback, floor area, and coverage standards associated with detached accessory structures in residential and rural residential zoning districts. Maximum floor area and total building coverage shall not exceed the maximums set forth in figure V(1) for each zoning district.
(c)Detached post-frame accessory buildings are considered a principal use in their permitted zoning districts. See figure V(2) for setback standards associated with primary structures in residential and rural residential zoning districts.
(d)
No detached post-frame accessory building shall be located closer than ten feet from any other building on the lot unless applicable building code requirements for one-hour fire-rated construction are met.
(e)
No detached post-frame accessory building shall involve or include the conduct of any business, trade, or industry, except for home occupations and residential businesses as described and limited elsewhere in this article IV.
(f)
No post-frame accessory building shall be occupied as a dwelling unit or otherwise used for human habitation unless it has first been approved for such use by the building inspector and meets all applicable code requirements for a dwelling.
(Ord. No. 16-07, 6-20-2016; Ord. No. 17-07, 4-11-2017; Ord. No. 17-20, 9-26-2017; Ord. No. 20-04, 2-25-2020; Ord. No. 21-05, 2-23-2021)
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
Editor's note— All referenced figures can be found at the end of this chapter.
A.
Temporary outdoor sales.
(1)
Temporary outdoor sales include the short-term display and/or sale of any items outside the confines of a building. Examples of this land use include but are not limited to seasonal garden shops, tent sales, flea markets, and church sales. This category does not include garage, yard, estate, and in-home sales, seasonal outdoor sales of farm products (including farmers markets) or drive-in or drive-through sales or service.
(2)
Performance standards:
(a)
Each such use shall not exceed 28 days in any calendar year, except via plan commission approval of a site plan under section 520-124.
(b)
In commercial and industrial zoning districts, the products displayed and sold outdoors shall be of the same general nature as the permanent retail activity conducted on the property.
(c)
There shall be no evidence of the temporary outdoor sales use 24 hours before or after the sales are permitted, either on site or off site.
(d)
No fireworks stands are permitted.
(e)
The applicant and operator shall comply with temporary use review and approval procedures in section 520-122. A temporary use permit shall only be issued to the owner/operator of the associated permanent use of the property.
(f)
The applicant or operator shall provide a layout of the activities, and additional details if requested by the zoning administrator.
(g)
The operator shall provide a parking area.
B.
Garage, yard, estate, and in-home sales.
(1)
Such sales include the short-term display and sales of household products in a residence, residential garage, driveway, or yard, whether for one family or multiple families.
(2)
Performance standards:
(a)
Such sales shall be limited to properties in residential use.
(b)
Such sales may only be conducted by or on behalf of the occupants of the residence.
(c)
Such sales shall be limited to a maximum of three sales per year, with a maximum duration of three days per sale.
(d)
Such sales shall not require a temporary use review and approval under section 520-122.
(e)
Signs shall meet applicable temporary sign standards in section 520-107. No sign shall be placed in the public right-of-way, except with the express consent of the zoning administrator.
C.
Outdoor assembly or special event.
(1)
An outdoor assembly or special event includes any organized assembly of more than 200 persons, outdoors, including church festivals, community events, and other similar activities open to the public, but excluding one-time and occasional auctions, weddings, funerals, family reunions, and other similar private events.
(2)
Performance standards:
(a)
Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b)
Adequate parking, drinking water, toilet facilities, and crowd control shall be provided.
(c)
If the subject property is located within or adjacent to a residentially zoned area, activities shall be limited to daylight hours, unless licensed for longer hours.
(d)
Each such use or activity shall not exceed 14 days per quarter.
(e)
The applicant and operator shall comply with temporary use review and approval procedures in section 520-122.
D.
Contractor's project office.
(1)
A contractor's project office includes any structure containing an on-site construction management office for an active construction project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences, and shall be removed within ten days of issuance of an occupancy permit for all structures on the construction site.
(b)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
E.
Contractor's on-site equipment storage facility.
(1)
Such facility includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences, and shall be removed within ten days of issuance of an occupancy permit for all structures on the construction site.
(b)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
F.
Relocatable building.
(1)
A relocatable building includes any manufactured building that serves as a temporary building, supplementing permanent buildings on the site, but not including other temporary uses or buildings included in this section. Examples include temporary classrooms and temporary manufacturing facilities.
(2)
Performance standards:
(a)
The building shall conform to all setbacks and regulations for principal buildings in the associated zoning district as provided in article V.
(b)
The building shall conform to all building code regulations.
(c)
Each such building shall not be placed on a site more than 120 days in any calendar year, except by conditional use permit.
(d)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
G.
On-site real estate sales office.
(1)
An on-site real estate sales office includes any building that serves as an on-site sales office for a development project.
(2)
Performance standards:
(a)
A facility may be installed no sooner than ten days before construction commences.
(b)
The office shall be removed or converted to a permitted land use within ten days of the completion of sales activity.
(c)
The applicant shall comply with temporary use review and approval procedures in section 520-122.
H.
Seasonal outdoor sales of farm products.
(1)
Seasonal outdoor sales of farm products includes outdoor displays and sales of farm products on a seasonal basis as an accessory use, including but not limited to seasonal roadside stands, farmers markets, and Christmas tree lots.
(2)
Performance standards:
(a)
The display of products shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b)
If the subject property is located adjacent to residentially zoned property, sales and display activities shall be limited to daylight hours.
(c)
Each such use shall not exceed 120 days in any calendar year.
(d)
Roadside stands, less than 200 square feet in area, shall be set back a minimum of 20 feet from the existing road right-of-way line and 20 feet from any other lot line.
(e)
Shall comply with temporary use review and approval procedures in section 520-122.
I.
Temporary portable storage container.
(1)
Such container is a portable storage container designed and used primarily for temporary storage of household goods and other such materials for use on a limited basis on residential property. Also known as a "pod."
(2)
Performance standards:
(a)
The container shall be permitted on the property for up to 30 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease.
(b)
The temporary portable storage container cannot encroach on the public right-of-way, neighboring property, or sidewalk, or be placed in the street. The unit must be sited on a hard- or gravel-surface.
(c)
Such container shall comply with temporary use review and approval procedures in section 520-122.
J.
Temporary shelter.
(1)
Temporary shelters are shelters that are typically supported by poles, have a fabric, metal, or vinyl roof and/or sides, and are usually used to shelter automobiles, boats, recreational vehicles, temporary sales use, and gatherings of people on a temporary basis. These structures are not designed for the snow loading that can occur during the winter months.
(2)
Performance standards:
(a)
Such shelter shall be a permitted as a temporary use only, for a maximum of five consecutive days within a thirty-day period.
(b)
Such shelter shall comply with temporary use review and approval procedures in section 520-122.
(c)
Such shelter shall be anchored per the manufacturer's specifications.
K.
Temporary agricultural structure.
(1)
Such structures are temporary structures normally accessory and incidental to farming operations.
(2)
Performance standards:
(a)
Such structure shall be permitted as a temporary use only, for a maximum of 90 days.
(b)
The parcel the structure is proposed to be located on shall be a minimum of 20 acres in area.
(c)
The structure shall conform to the underlying zoning district's setback regulations.
(d)
The structure must be affixed to the ground or a structure to prevent the wind from relocating the structure.
(e)
Need not comply with temporary use review and approval procedures in section 520-122.
L.
Temporary unscreened outdoor storage accessory to industrial use.
(1)
This includes provisions for the temporary unscreened or marginally screened outdoor storage of products, equipment, or supplies used by a principal light industrial or heavy industrial use on the same property, intended to address one-time and rare occasions of heavy activity in the business.
(2)
Performance standards:
(a)
Such use shall be a permitted as a temporary use only, for a maximum of 90 days.
(b)
The building shall conform to all setback regulations for principal buildings.
(c)
Such use shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(d)
The zoning administrator may limit such storage to only those uses and lots where a site plan approved after the effective date of this chapter designated the possibility of temporary unscreened outdoor storage accessory to an industrial use.
(e)
The zoning administrator may require measures to screen or buffer the storage area, or direct the placement to a location that minimizes visual impact, to the extent practical.
(f)
Such use shall comply with temporary use review and approval procedures in section 520-122.
(Ord. No. 16-07, 6-20-2016)