In order to carry out the purposes and provisions of the Chapter, the following zoning districts are established:

a.

The boundaries of the above districts are established as shown on the "Official Zoning Map, Village, Wisconsin." Such map, together with a copy of this chapter, shall be available for public inspection in the Office of the Village Clerk. The map shall be certified by the President and attested by the Village Clerk. No changes in zoning district boundaries shall be effective until recorded.

b.

The land uses and minimum standards set out in Article II apply to the districts delineated on the Zoning District Map.

a.

The district boundaries are either streets or alleys, unless otherwise shown and where the designation on the zoning map indicates that the various districts are approximately bounded by the centerline of a street or alley, such street or alley centerline shall be construed to be the district boundary line.

b.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines and where the designations on the zoning map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.

c.

In un-subdivided property, the district boundary lines shown on the zoning map shall be determined by use of the scale shown on such map.

The purpose of this district is to protect, manage and control the flow of stormwater through the district, preserve natural habitat and to prevent the uncontrolled spread of development so as to prevent hazards to public and private property, but to permit controlled development in harmony with the Village stormwater management plan, or plan component thereof, and all other provisions of this code. No land shall be used and no buildings shall hereafter be erected or moved except in accordance with the regulations below.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009; Ordinance No. 16-003 Passed: 5/9/2016 Published: 5/14/2016)

In addition to the restrictions and requirements of the basic district applicable to a particular site, the restrictions of this District shall also apply. To the extent there is a conflict between the restrictions or requirements associated with the applicable districts, the restrictions or requirements that most restrictively limit the use or regulate development of the parcel shall apply.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009; Ordinance No. 16-003 Passed: 5/9/2016 Published: 5/14/2016)

A.

Fishing.

B.

Forestry and the management of forests.

C.

Grazing.

D.

Harvesting of wild crops such as wild hay, ferns, moss, berries and nuts, fruits and seeds.

E.

Areas of scenic, historic or scientific value.

F.

Wildlife preserves, public and private parks, picnic areas and similar uses.

G.

Lawful uses in effect on the date of publication after passage.

H.

Uses similar and customarily incident to any of the above uses.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009; Ordinance No. 16-003 Passed: 5/9/2016 Published: 5/14/2016)

The following uses are allowed as conditional uses within this district provided that the use conforms to the conditions imposed. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

A.

Dams, flowages, ponds and water storage and water pumping facilities.

B.

Filling, draining or dredging of wetlands, provided that this shall conform to any Shoreline Zoning Ordinance enacted pursuant to s. 59.971 of the Wis. Stats.

C.

Golf courses open to the public.

D.

Piers, docks and boathouses.

E.

Commercial or non-profit tours by motor vehicle or horses, nature trails, hiking trails, or bridle paths.

F.

Nonresidential buildings and structures used solely in conjunction with raising of wildlife, the practice of forestry, including building and structures used by public or semi-public agencies or groups for research in or the rehabilitation of natural resources.

G.

Private or non-profit educational facilities.

H.

Power plants deriving their power from the flow of water, and transmission lines and other facilities accessory thereto.

I.

Relocation of any watercourse.

J.

Removal of topsoil or peat.

K.

Utilities such as, but not restricted to, public and private utilities and appurtenant structures, storm sewers, telephone, telegraph, power or other transmission lines.

L.

Any permitted use or conditional use enumerated in the underlying zoning district.

M.

Lawful uses compatible with the purpose of the District.

N.

Public and private parking lots, driveways and roads.

O.

All applications for a conditional use permit under this section shall be accompanied by the following, in addition to all other application.

1.

A stormwater plan for the site which is compatible with the Village stormwater management plan, subject to approval of the Village Engineer.

2.

A plot plan showing the exact location and size of any building or buildings, parking lots and driveway. The plan shall also designate existing and proposed elevations.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009; Ordinance No. 16-003 Passed: 5/9/2016 Published: 5/14/2016)

The lot area, building height, setback or other dimensional standards applicable to the (CON-O) district shall be the same standards provided in the underlying zoning district, except as otherwise approved in the Conditional Use Permit.

(Ordinance No. 08-009 Passed: 1/12/2009 Published: 1/17/2009; Ordinance No. 16-003 Passed: 5/9/2016 Published: 5/14/2016)

The purpose of the Agricultural District is to provide for agricultural uses and uses compatible with agriculture. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services (such as sewer and water lines).

a.

Farm dwellings for those resident owners and workers actually engaged in the principal permitted uses.

b.

Farming, grazing, and dairying provided that buildings in which farm animals are kept shall be at least one hundred (100) feet from the nearest residential or commercial district.

c.

Harvesting of wild crops such as wild hay, ferns, moss, berries and nuts, fruits and seed

d.

Forestry, grazing, fishing, hatcheries, nurseries, orchards, paddocks, poultry raising, stables and truck farming. Nonresidential buildings and structures used solely in conjunction with raising of wildlife, the practice of forestry, including building and structures used by public or semi-public agencies or groups for research in or the rehabilitation of natural resources.

e.

Preservation of areas of scenic, historic or scientific value.

f.

Public and private parks, picnic areas and similar uses.

g.

Wildlife preserves.

h.

Uses customarily incident to any of the above uses, including residential use incident to any of the above uses.

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Churches, schools, community parks and recreational areas.

b.

Fur farms, kennels, insect-breeding facilities, greenhouses, and other agricultural uses that may cause noxious odors or noise, or create health or sanitation hazards are permitted, provided that written permission be obtained from the Village Board on the recommendation of the Plan Commission pursuant to the procedures prescribed for zoning amendments by s. 62.23 of the Wis. Stats.

c.

Public and semi-public buildings.

d.

Riding stables, riding schools, petting zoos and wild animal parks.

e.

Single-family residences provided they are located on tracts of five (5) acres or more and that soil analysis indicates suitability for private sewer and water systems.

f.

Trap or skeet shooting facilities, target ranges, gun clubs, shooting preserves.

g.

Water storage facilities and power stations.

h.

Large scale farm operations.

i.

Any permitted use or conditional use in this zoning district which does not meet the area requirements of section 66.24-26 below but such uses, nevertheless, may be allowed in this district provided that due consideration is given to location, development and operation of such uses.

The minimum lot area per family in the Agricultural District shall be five (5) acres.

a.

The maximum building height for residential structures shall be thirty-five (35) feet.

b.

There shall be no maximum building height on other structures.

a.

The minimum front yard setback shall be fifty (50) feet.

b.

The minimum rear yard setback shall be fifty (50) feet.

c.

The minimum side yard setback shall be twenty (20) feet on each side for principal buildings and five (5) feet on each side for accessory buildings.

It is the general intent of the residential districts to provide a quiet, pleasant and safe living area protected from traffic hazards and the intrusion of incompatible uses. It is further intended that the residential districts provide long-term accommodations for residents such that rentals or less than thirty (30) days will be prohibited in the R-1, R-2 and R-3 districts.

State laws adopted. The provisions of s. 62.23(7)(i) and s. 66.1017, Wis. Stats. 2003-04, are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.

It is the purpose of the R-1 district to provide low and medium density, single-family residential use. It is also intended to provide a quiet, pleasant and safe living area protected from traffic hazards and the intrusion of incompatible uses.

a.

Single family dwellings.

b.

Accessory buildings.

c.

Private swimming pools.

d.

Family day care homes as defined in s. 48.65 of the Wis. Stats.

e.

Municipal utility buildings.

f.

Home occupations and professional offices in compliance with section 66.16 (b)

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Home occupations and professional offices in homes in compliance with section 66.16(c).

b.

Parks.

c.

Single-family planned residential development.

d.

Utility lines.

e.

Uses customarily incident to the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.

f.

Any permitted use or conditional use in this zoning district, not complying with the area requirements of sections 66.33-66.36 but such uses, nevertheless, may be allowed in this district provided that due consideration is given to location, development and operation of such uses.

g.

Tourist rooming houses. Tourist rooming houses provided that all of the following conditions apply:

1.

The rental of the premises is for periods of at least seven (7) days.

2.

The owner of the premises holds a permit issued pursuant to Ch 35.

3.

The premises have a barrier on the side and rear yards of the property to restrict entry to neighboring properties.

4.

The premises have on-site parking for the maximum permitted occupancy that is in compliance with the requirements of Chapter 35 and 58.

5.

The premises shall be not less than five hundred (500) feet from another tourist rooming house.

(Ordinance No. 20-006 Passed: 12/7/2020 Published: 12/17/2020)

a.

The following standards shall apply to the permitted uses:

1.

The minimum average lot width shall be sixty (60) feet.

2.

The minimum lot area shall be six thousand (6,000) square feet.

b.

The following standards shall apply to the conditional uses:

1.

The minimum lot width shall be seventy-five (75) feet.

2.

The minimum lot area shall be ten thousand (10,000) square feet.

The maximum building height shall be thirty-five (35) feet.

The following standards shall apply to the permitted uses:

a.

The minimum front yard setback shall be twenty (20) feet. However, more restrictive standards may be imposed by state regulations in certain circumstances, for example, on lots fronting on certain classes of state highways.

b.

The minimum rear yard setback for principal buildings shall be twenty (20) feet.

c.

The minimum rear yard setback for accessory buildings shall be four (4) feet.

d.

The minimum side yard setback for principal buildings on pre-existing lots which are sixty-six (66) feet or less in width shall be six (6) feet on each side.

e.

The minimum side yard setback on lots which are more than sixty-six (66) feet in width shall be eight (8) feet on one side and twenty (20) feet total for both sides.

f.

The minimum side yard setback for accessory buildings shall be four (4) feet on each side.

The minimum floor area per family for the permitted and conditional uses shall be seven hundred twenty (720) square feet.

It is the purpose of the R-2 district to provide low and medium density single-family and multi-family residential use. It is also intended to provide a quiet, pleasant and safe living area protected from traffic hazards and the intrusion of incompatible uses.

a.

Any use permitted in the R-1 district.

b.

Two-family dwellings.

c.

Seasonal dwellings.

d.

Private garage space for up to three (3) cars for each residential parcel item (a), (b), (c) and (d).

e.

Accessory buildings.

f.

Municipal utility buildings.

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Any conditional use allowed in the R-1 district.

b.

Multi-family units, consisting of apartment buildings, condominiums, cooperatives, planned unit developments and residential construction of any type consisting of three (3) or more residential type units are admitted if a permit is issued upon the terms and conditions provided for in Subchapter J.

c.

Private garage space for more than three (3) cars.

d.

Rest homes, charitable institutions; convalescent homes; nursing homes; homes for the care of children, aged and indigent; and similar institutions.

e.

Nursery Schools.

f.

Planned unit developments.

g.

Telephone buildings, exchanges, lines and transformer stations, but excepting service garages and storage yards.

h.

Water storage facilities and their accessory structures.

i.

Hotels, motels and resorts provided that all of the following conditions apply:

1.

The subject parcel abuts either the Commercial 1 or Commercial 2 district.

2.

The subject parcel is incorporated into and made a part of a parcel which is located in either the C-1 or C-2 District.

3.

The subject parcel and the parcel that is in the Commercial District must be owned by the same person or entity.

4.

All traffic must enter and exit the parcel in the C-1 or C-2 district.

5.

The owner of the subject parcel must grant an open air easement to the Village for a buffer area as is deemed appropriate to accomplish the goals of this chapter as reasonably determined by the Plan Commission.

j.

Bed and Breakfast establishments licensed by the State of Wisconsin and as defined in s. 254.61 (1) Wis. Stats.

k.

Uses customarily incident to any of the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.

l.

Any permitted use or conditional use in this zoning district which does not meet the area requirements of sections 66.40-66.43 but qualify for a conditional use permit pursuant to the provisions of Article III of this chapter.

m.

Tourist rooming houses. Tourist rooming houses provided that all of the following conditions apply:

1.

The rental of the premises is for periods of at least seven (7) days.

2.

The owner of the premises holds a permit issued pursuant to Ch 35.

3.

The premises have a barrier on the side and rear yards of the property to restrict entry to neighboring properties.

4.

The premises have on-site parking for the maximum permitted occupancy that meets the requirements of Chapter 35 and 58.

(Ordinance No. 20-006 Passed: 12/7/2020 Published: 12/17/2020)

a.

The following standards shall apply to the permitted uses established after the effective date of this chapter:

1.

The minimum lot width for single family uses shall be sixty (60) feet.

2.

The minimum lot area for one (1) residence shall be six thousand (6,000) square feet.

3.

The minimum lot width for duplexes shall be one hundred (100) feet.

4.

The minimum lot area for duplexes shall be ten thousand (10,000) square feet.

b.

The following standards shall apply to the conditional uses:

1.

The minimum lot width shall be one hundred (100) feet.

2.

The minimum lot area per one- and two-family buildings shall be ten thousand (10,000) square feet.

c.

No lot existing at the time of enactment of this section may be divided or combined without a conditional use permit

d.

All lawful uses in effect prior to the effective date of this chapter shall be subject to the regulations in effect at the time the use was created.

a.

The maximum building height for the permitted uses shall be thirty-five (35) feet.

b.

The maximum building height for the conditional uses shall be forty-five (45) feet, excluding publicly owned water storage facilities.

a.

The following standards shall apply to the permitted uses:

1.

The minimum front yard setback shall be twenty (20) feet. However, more restrictive standards may be imposed by state regulations in certain circumstances, for example, on lots fronting on certain classes of state highways.

2.

The minimum front yard setback in Dells Manor Unit #1 subdivision shall be ten (10) feet.

3.

The minimum rear yard setback for principal buildings shall be twenty (20) feet.

4.

The minimum rear yard setback for accessory buildings shall be four (4) feet.

5.

The minimum side yard setback for principal buildings on pre-existing lots which are sixty-six (66) feet or less in width shall be six (6) feet on each side.

6.

The minimum side yard setback on lots which are more than sixty-six (66) feet in width shall be eight (8) feet on one side and twenty (20) feet total for both sides.

7.

The minimum side yard setback for accessory buildings shall be four (4) feet on each side.

8.

The minimum front yard setback for properties bordering on North Burritt and Clara Avenue shall be thirty-five (35) feet.

b.

The following standards shall apply to the conditional uses:

1.

The minimum front yard setback shall be thirty (30) feet except for properties bordering North Burritt and Clara Avenue where the minimum front yard setback shall be thirty-five (35) feet. However, more restrictive standards may be imposed by state regulations in certain circumstances, for example, on lots fronting on certain classes of state highways.

2.

The minimum rear yard setback for principal buildings shall be twenty-five (25) feet.

3.

The minimum rear yard setback for accessory buildings shall be four (4) feet.

4.

The minimum side yard setback for principal buildings shall be fifteen (15) feet on each side.

5.

The minimum side yard setback for accessory buildings shall be four (4) feet on each side.

The minimum floor area per dwelling unit shall be seven hundred twenty (720) square feet.

It is the purpose of the R-3 district to provide for the development of properly located and planned facilities for mobile homes. It is recognized that such areas should be carefully located and designed to meet the needs of the residents and to achieve a satisfactory relationship to adjoining and nearby property. It is also intended to provide a quiet, pleasant and safe living area protected from traffic hazards and the intrusion of incompatible uses.

Mobile Home Park operating under a permit issued by the State of Wisconsin Department of Commerce.

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Any use allowed as a permitted or conditional use in the R-1 and R-2 Districts.

b.

General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores, and miscellaneous food stores, including candy, nut and confectionery stores and dairy product and ice cream stores.

Site size requirements for all uses in the R-3 District shall be as follows:

a.

Minimum lot area per Mobile Home Park shall be ten (10) acres.

b.

Minimum lot width per mobile home site in a Mobile Home Park shall be sixty (60) feet.

c.

Minimum lot area per mobile home site in a Mobile Home Park shall be six thousand (6000) square feet.

The maximum building height shall be thirty-five (35) feet.

The following standards shall apply to all the permitted uses:

a.

The minimum front yard setback for Mobile homes in Mobile home parks shall be eighteen (18) feet from a public street and ten (10) feet from a private street.

b.

The minimum rear yard setback for principal buildings shall be ten (10) feet, except for those sites where the rear yard abuts on the green buffer area, in which the set back shall be zero (0) feet.

c.

The minimum rear yard setback for accessory buildings shall be four (4) feet.

d.

The minimum side yard setback for principal buildings shall be six (6) feet, with the sum of the two (2) side yards is a minimum of twenty (20) feet.

e.

The minimum side yard setback for accessory buildings shall be four (4) feet on each side.

The minimum floor area for each site shall be four hundred (400) square feet.

a.

All drives, parking areas and walkways shall be hard-surfaced.

b.

It shall conform to the requirements of 42 U.S.C. section 5401 et seq. and Comm. 95 of the Wisconsin Administrative Code.

It is the purpose of the C-1 District to provide an area for the business and commercial needs of the community and to provide an area for those businesses and commercial activities which have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate, because of a need for large areas or for some other reasons, to be located adjacent to a major thoroughfare or highway.

The following are permitted uses in this District:

a.

Accounting, auditing and bookkeeping firms or services.

b.

Advertising agencies, news agencies, and employment agencies.

c.

Barber shops, beauty shops, and hairdressers.

d.

Banks and other financial institutions.

e.

Bicycle shops, including facilities for the repair of non-motorized bicycles only.

f.

Billiard and pool establishments.

g.

Book and stationery stores, news dealers and newsstands.

h.

Camera and photographic supply stores; photographic studios and commercial photography establishments.

i.

Commercial parking lots, parking garages, and parking structures.

j.

Commercial sports clubs, athletic fields, arenas, skating rinks, bowling alleys, and similar facilities.

k.

Construction firms and construction equipment storage; establishments which rent or lease construction equipment, floor sanding and waxing machines, ladders, scaffolds, tools, chairs, or other furniture or types of machines or equipment. Also, establishments for the sale or storage of lumber or other building materials.

l.

Dealers in new and used passenger automobiles and trucks; establishments engaged in daily or extended term rental or leasing of passenger automobiles, limousines, trucks, truck trailers, or utility trailers.

m.

Dealers in plumbing, heating and air-conditioning equipment.

n.

Department stores, variety stores, general merchandise stores, clothing stores and shoe stores, excepting clothing stores which produce custom made clothing for customers on the premises.

o.

Drug stores and pharmacies.

p.

Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services.

q.

Establishments engaged in the retail sale of automobile travel trailers, Manufactured homes or campers, or in the daily or extended term rental or leasing of house trailers, Manufactured homes or campers when such use is not on the premises.

r.

Establishments engaged in the sale, servicing, repairing, testing, demonstration or other use of electrical household appliances, including washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances, refrigeration or air conditioning appliances of equipment; provided further, specifically, that areas and facilities for operating, repairing, loading, unloading and storage of such appliances or equipment shall be provided in a manner which affords no nuisance of obstruction, or of discharge of unpleasant or harmful vapors or liquids, or of unsightly conditions to the public.

s.

Establishments or facilities for the sale, service, repair, testing, demonstration or other use of motor boats, other watercraft, marine supplies, motors for watercraft or their components, motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft or other motorized vehicles or their components.

t.

Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes.

u.

Farm and garden equipment dealers, including power mowers; hay, grain, feed, and farm and garden stores; hardware and electrical supply stores.

v.

Florist shops, greenhouses and nurseries.

w.

Furniture, home furnishings, floor-covering, paint, glass, and wallpaper stores.

x.

General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores, and miscellaneous food stores, including candy, nut and confectionery stores and dairy product and ice cream stores.

y.

Watch, clock, and jewelry stores and repair services.

z.

Liquor stores

aa.

Motion picture theaters, including drive-in theaters.

bb.

Offices of insurance companies, agents, brokers and service representatives.

cc.

The offices of governmental agencies and post offices.

dd.

The offices, meeting places and premises of professional membership associations, civic, social and fraternal associations, business associations, labor unions and similar labor organizations, political organizations, religious organizations, charitable organizations, or other non-profit membership organizations.

ee.

Offices of real estate agents, brokers, managers and title companies.

ff.

Private and public golf and country clubs; golf and baseball driving ranges, archery ranges, and miniature golf courses.

gg.

Professional, scientific or educational firms, agencies, offices or services, including engineering and architectural firms or consultants, law offices, and the offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians and chiropractors.

hh.

Public transportation passenger stations, taxi cab company offices, taxicab stands.

ii.

Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home delivery service.

jj.

Retail laundry and dry cleaning outlets, including laundering and dry cleaning plants, coin-operated laundries and dry cleaning establishments, commonly called Laundromats and launderettes. Garment pressing establishments, hand laundries or hat cleaning and blocking establishments, tailor shops, dressmaker shops, garment repair shops, and shoe repair shops.

kk.

Restaurants, lunchrooms and other eating-places, including drive-in type establishments.

ll.

The sale, service, repair, testing, demonstration or other use of radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments or other such devices.

mm.

Sporting goods stores.

nn.

Stores for the sale of tires, batteries or other automotive accessories.

oo.

Summer resorts, winter resorts, tourist cottages or cabins; hotels, motels, bed and breakfasts; commercial camping and tenting areas, ski lodges and resorts, dude ranches, vacation farms, fishing camps, children's camps and similar establishments.

pp.

Telephone and telegraph offices.

qq.

Tourist-oriented retail shops, including gift, novelty, souvenir and curio shops, antique and secondhand stores.

rr.

Tobacco and smokers' supplies stores.

ss.

Wholesale merchandise establishments.

tt.

Uses customarily incident to any of the above uses.

uu.

All developed properties in the Business Park and Industrial District at the time of enactment of this amendment are hereby classified as Permitted Uses in the Commercial (C-1) District.

(Ordinance No. 24-029 Passed: 3/25/2024 Published: 4/25/2024)

The following are permitted as conditional uses in the C-1 District; provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, noxious materials, creation of traffic hazards, or other conditions generally regarded as nuisances; and provided that where operations which are necessary or incidental to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the approval of the Plan Commission and the Village Board.

a.

Amusement parks, indoor recreational facilities and any use subject to Chapter 21 not specifically identified as a permitted use in section 66.53 above.

b.

Circuses, carnivals, musical or theatrical performances, public lectures, religious or evangelical meetings, or other similar public functions which are customarily held for short periods of time, which are customarily held in temporary structures, tents, or in the open air, and for which admission is required or a collection in lieu of admission charge is required.

c.

Dealers in coal, wood fuel, and ice.

d.

Dealers in liquefied petroleum gas (bottled gas).

e.

Establishments or facilities for the rental, of autocycles, motorcycles, motorized bicycles, go-karts, mopeds, scooters, Segway's, golf cart, neighborhood electric vehicles, all-terrain vehicles, powered skateboards, bicycles, snowmobiles, aircraft, motorboats or other watercraft. Establishments for the sale or rental of all-terrain vehicles or utility vehicles shall not be located on or have direct access to Wisconsin Dells Parkway (USH 12) or Munroe Avenue (STH 23) or any village street that is not a designated ATV/UTV route.

f.

Establishments primarily engaged in renting locker space for the storage of food products, including refrigerated storage of food products, and including those establishments which provide services or facilities for processing, preparing or packaging food for such storage.

g.

Fuel oil dealers.

h.

Gasoline service stations, provided further that all gasoline pumps, storage tanks and accessory equipment must be located at least thirty (30) feet from any existing or officially proposed street line and establishments engaged in general and specialized automobile repairs, tire repairs, and automobile painting.

i.

Motor carrier facilities.

j.

Riding stables and riding schools.

k.

Stockyards, or any establishment providing public facilities for receiving, shipping, loading, unloading, weighing, or feeding livestock temporarily held either pending sale or while in transit.

l.

Nightclubs, taverns, bars and premises operating pursuant to Class B liquor licenses.

m.

Teen bars and other places of gathering for teenagers.

n.

Ticket booths. This use shall be subject to the restriction that it shall conform to all chapters of the Village now in effect or hereafter enacted.

o.

Campgrounds and travel trailer parks, specifically parcels of land in which twenty (20) or more spaces are occupied, or intended for occupancy, by travel trailers or "campers," and for transient dwelling purposes only. This provision shall include by reference the definition of "travel trailer park" and "travel trailer" set forth in section 1.18 of this chapter. This use shall be subject to the condition that it shall conform to all chapters of the Village and of Sauk County regulating travel trailers and travel trailer parks; to the Wisconsin Administrative Code, Chapter HSS 178, "Campgrounds and Camping Resorts," and to any Shoreland Protection Chapter enacted pursuant to s. 59.692, Wis. Stats., "Zoning of Shorelands on Navigable Waters."

p.

Veterinarians' offices and facilities, and boarding facilities for domestic animals.

q.

Warehouses.

r.

Commercial horse, dog and snowmobile racetracks.

s.

Adult Entertainment Establishments regulated by Chapter 31 of the Village Municipal Code.

t.

Commercial and private airports, heliports and helicopter sightseeing operations.

u.

Retail establishments which sell clothing which is customized on site for the customer using embroidery, heat transfer, screen printing or other means to affix a picture, emblem, symbol, photograph or message.

v.

Mixed uses, including but not limited to, the combination of residential and business uses on the same premises.

w.

Boarding houses, lodging houses, rooming houses and dormitories.

x.

A hotel, motel or resort licensed by the State of Wisconsin and operating as such on July 31, 2001, may not be subsequently converted to a residential use except when authorized as a conditional use. No operating hotel, motel or resort may rent rooms for residential use while licensed as a hotel, motel or resort.

y.

Conversion of a hotel, motel or resort property to multi-family residential use requires a conditional use permit. Before a hotel, motel, or resort may be converted to residential uses, the premises must be brought into compliance with all the state and village code regulations applicable to multi-family residential structures. No operating hotel, motel or resort may rent rooms for residential use while licensed as a hotel, motel or resort.

z.

Any multi-family residential use in compliance with all state and village code regulations applicable to multi-family residential structures.

aa.

Legal non-conforming residential uses. When granted a Conditional Use Permit the premises become re-classified as Commercial Conditional Use.

(Ordinance No. 12-003 Passed: 3/26/2012 Published: 4/7/2012; Ordinance No. 16-014 Passed: 12/27/2016 Published: 12/31/2016; Ordinance No. 19-002 Passed: 3/13/2019 Published: 3/23/2019; Ordinance No. 21-001 Passed: 4/12/2021 Published: 4/22/2021; Ordinance No. 23-023 Passed: 7/10/2023 Published: 7/15/2023; Ordinance No. 24-029 Passed: 3/25/2024 Published: 4/25/2024)

The following standards shall apply to all uses in the C-1 District:

a.

The minimum lot width shall be seventy-five (75) feet. Except that for lots created after the effective date of this ordinance the minimum lot width shall be two hundred (200) feet.

b.

There is no minimum lot area requirement for lots created prior to the effective date of this ordinance. For lots created after the effective date of this ordinance the minimum lot area shall be one (1) acre.

The maximum building height shall be seventy-five (75) feet.

(Ordinance No. 19-002 Passed: 3/13/2019 Published: 3/23/2019)

a.

The minimum front and rear yard setback shall be twenty (20) feet, excepting that Blocks 37 and 44, Village, fronting on West Monroe Avenue, shall have no setback requirement.

b.

The minimum side yard requirements shall be six (6) feet on one side and twenty (20) feet total for both sides for principal buildings and four (4) feet on each side for accessory buildings. However, Blocks 37 and 44, Village, fronting on West Monroe Avenue, shall have no setback requirement.

c.

The minimum side yard requirements in subsection (b) above are conditioned on the requirement that any overhang of a building shall not extend over the lot line of the property on which it is built.

There shall be no minimum building area requirement.

Prior to initiating construction on any parcel in the District, the owner shall submit plans and specifications for architectural review pursuant to the provisions of Chapter 61 of the Village Municipal Code.

Prior to initiating construction on any parcel in the District, the owner shall submit plans and specifications for landscaping review pursuant to the provisions of Chapter 61 of the Village Municipal Code.

It is the purpose of the WC District to provide an area generally fronting on bodies of water for those residential and commercial activities related to aquatic recreation and enjoyment, or for which location adjacent to a lake or river is a compelling practical consideration.

a.

Single-family and two-family dwellings.

b.

Seasonal dwellings exclusively occupied as residential.

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Amusement parks.

b.

Snowmobile rentals, boat liveries, including boat storage, sale of boats, motors, fuel, marine supplies and the servicing of boats and motors, but not the manufacture of boats or motors.

c.

Telephone buildings, exchanges, lines and transformer stations, but excepting service garages and storage yards.

d.

Water storage facilities and their accessory structures.

e.

Commercial camping and tenting areas, vacation farms, fishing camps and similar establishments.

f.

Boat launching areas.

g.

Sale of bait and sporting goods and supplies.

h.

Hotel, motels, tourist camps, tourist rooming houses, tourist cabins, tourist cottages, resorts, and all properties subject to regulation under subchapter VII of Chapter 97 Wis. Stats.

i.

Commercial sports clubs, athletic fields, arenas, and similar facilities.

j.

Golf or baseball driving ranges, archery ranges, miniature golf courses, and similar facilities.

k.

Restaurants, lunchrooms and other eating places, except drive-in type establishments.

l.

Nightclubs, taverns, bars and other drinking places.

m.

Retail shops, including souvenir and curio shops.

n.

Dockominiums.

o.

Boarding houses, lodging houses, rooming houses and dormitories or any building for transient occupancy.

p.

Multi-family units, consisting of apartment buildings, condominiums, cooperatives, planned unit developments and residential construction of any type consisting of three (3) or more residential-type units are admitted if a permit is issued upon the terms and conditions provided for in subchapter J.

q.

Any permitted use or conditional use in this zoning district which does not meet the area requirements of sections 66.64-66.67 below but qualify for a conditional use permit pursuant to the provisions of Article III of this chapter.

r.

Condominium developments of three (3) or more units.

s.

The combining or division of any platted lot or parcel originally created prior to the effective date of this ordinance.

t.

Single family and two-family dwellings operating as tourist rooming houses if all of the following conditions apply:

1.

The rental of the premises is for periods of at least seven (7) days.

2.

The owner of the premises holds a permit issued pursuant to Ch 35.

3.

The premises have a barrier on the side and rear yards of the property to restrict entry to neighboring properties. For lake front premises the barrier shall be on the two (2) side yards.

4.

The premises have on-site parking for the maximum permitted occupancy in compliance with the requirements of Chapters 35 and 58.

(Ordinance No. 14-016 Passed: 6/9/2014 Published: 6/18/2014; Ordinance No. 20-006 Passed: 12/7/2020 Published: 12/17/2020)

The following standards shall apply to all uses in the WC district:

a.

The minimum lot width for single family uses shall be sixty (60) feet except that the minimum width of lots and parcels created after the effective date of this ordinance shall be one hundred (100) feet.

b.

The minimum lot width for duplexes and conditional uses shall be one hundred (100) feet.

c.

The minimum lot area for duplexes and conditional uses shall be ten thousand (10,000) square feet.

d.

Lots and parcels shall not be combined, or divided, without a conditional use permit.

e.

For purposes of this section Lot width shall be measured from at the setback line from the water.

a.

The maximum building height for permitted uses shall be thirty-five (35) feet.

b.

For conditional uses building height shall be not exceed four (4) stories.

a.

For permitted uses the following setback requirements apply:

1.

The minimum front yard setback shall be twenty (20) feet.

2.

The minimum rear yard setback shall be twenty (20) feet.

3.

The minimum side yard setback for permitted uses for principal buildings shall be six (6) feet on one side and twenty (20) feet total for both sides.

b.

For conditional uses the setback requirements apply:

1.

The minimum front yard setback shall be thirty (30) feet.

2.

The minimum side yard setback for conditional uses for principal buildings shall be equal to the ten percent (10%) of the lot width or a total of twenty (20) feet whichever is greater. The minimum side yard setback shall be six (6) feet.

3.

The minimum side yard setback for accessory buildings shall be ten (10) feet.

4.

Under proper circumstances the Village Board may expand or reduce the setbacks, as it deems necessary to accomplish the intent of this ordinance.

c.

No building or structure shall be constructed and no existing buildings or structures shall be constructed or altered in such a way that any portion thereof will be within twenty (20) feet of the ordinary high water mark for permitted uses and thirty (30) feet for conditional uses. For buildings consisting of four (4) stories, the set back shall be forty (40) feet.

a.

The minimum building area for one- and two-family residential structures shall be seven hundred twenty (720) square feet per unit.

b.

There shall be no minimum building area requirement for commercial structures.

a.

Purpose. Trees are declared to be beneficial public resources. The intent and purpose of this regulation is to preserve the beauty and character of the shoreline of Lake Delton, and to maintain property values by improving and preserving the aesthetic appeal of Lake Delton through tree regulations, to preserve the natural resources of the Village and to reduce the amount of erosion due to tree removal, to protect the quality of the waters of the Village of Lake Delton and to protect the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by run off to surface waters due to the erosion of land not protected by a naturally wooded environment. These provisions shall not apply to the removal of dead or dying trees at the discretion of the landowner, or to silvicultural thinning upon recommendation of a forester.

b.

Definitions.

Clear Cutting: Removal of all trees and shrubbery.

Preservation area: A strip paralleling the shoreline and extending twenty-five (25) feet inland from all points along the ordinary high water mark of the shoreline.

Replacement Tree: A tree of at least 1-1/2" diameter that survives one (1) year after planting. It should be similar in type to the tree it is intended to replace.

c.

Clear cutting restricted. Tree-cutting and shrubbery removal in a strip paralleling the shoreline and extending twenty-five (25) feet inland from all points along the ordinary high water mark of the shoreline shall be limited in accordance with the following provisions:

No more than thirty (30) feet in any one hundred (100) feet shall be clear-cut. Where the shoreline is less than one hundred (100) feet, no more than thirty percent (30%) of this strip shall be clear-cut. Provided, further, that cutting of this thirty percent (30%) shall not create a clear cut opening in the strip greater than thirty (30) feet wide in any one hundred (100) feet of the shoreline (measured along the ordinary high water mark).

d.

Erosion control. Natural shrubbery shall be preserved as far as practicable and where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. Any path, road or passage within the twenty-five (25) foot area shall be constructed and surfaced so as to effectively control erosion.

e.

Variances. A variance to the provisions of this ordinance may be permitted by the Zoning Board of Appeals subject to the provisions of Article V of this ordinance. An applicant for a variance under this section shall provide the following information to the Zoning Board of Appeals along with the application: Location of all structures and parking, gradient of the land, existing vegetation and the reasons for the proposed cutting.

In addition to the criteria established by Article V of this ordinance, the Zoning Board of Appeals shall consider the following factors in determining whether or not to issue a variance:

1.

Will not cause undue erosion.

2.

Will not destroy the scenic beauty and will provide substantial shielding from the water of structures and parking areas.

3.

The Board may condition such a permit upon the planting of replacement trees by the landowner.

f.

Permits for tree removal. Trees removed in excess of the above reasons will require a tree removal permit. Permits shall be issued by the Building Inspector upon application by the landowner or agent of the landowner. The Village Board shall establish a permit fee to be paid upon filing of the application. Conditions under which a permit may be issued include, but will not be limited to the following:

1.

The tree is dead, dying or diseased, or the tree is damaged or injured to the extent that it is likely to die or become diseased.

2.

The removal of the tree will enhance the health of the remaining trees.

3.

The removal of the tree is consistent with good arboriculture practices.

g.

Penalties. Any person, agent, firm or corporation violating any provision of this ordinance shall, upon conviction thereof, forfeit not more than one hundred dollars ($100.00) for the first offense, with a deposit required of one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for the second offense, with a deposit of five hundred dollars ($500.00,) and the costs of prosecution. In default of payment of such forfeiture and costs, such violator shall be imprisoned in the county jail of Sauk County, Wisconsin, until the forfeiture and costs are paid, but not exceeding thirty (30) days for each violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, a replacement tree shall be planted to replace all trees removed contrary to the provisions of the ordinance.

h.

Sauk County Shoreland Protection Ordinance. The provisions of this section IX of Subchapter I shall apply to those areas that were part of the Village before May 1, 1982. All areas of the Village annexed subsequent to that date are governed by the Sauk County Shoreland Protection Ordinance.

It is the purpose of these rules to control certain types of multiple residential developments in order to ensure adequate police and fire protection to ensure the availability of adequate sewer and water facilities, to provide for the orderly development of the Village, and to promote the health, safety and welfare of the residents of the Village.

For the purposes of determining land use intensity (LUI), the following definitions shall apply:

Building Area (BA). Building area is the total land covered by residential buildings, measured horizontally from the faces of the exterior walls (or the exterior lines of omitted walls) at main grade level. Entrance platforms, steps and terraces are not countable as a building area.

Floor Area (FA) and Floor Area Ratio (FAR). Floor area is the total floor area for residential use on all floors of a building or buildings, measured from the outside faces of the exterior walls, including walls, lobbies, stairways, elevator shafts, enclosed porches, balconies and below grade floor areas used for habitation and residential access. Floor area does not include: (1) open terrace, patio, atrium or balcony; (2) carport, garage, breezeway or tool shed; (3) special purpose areas for the common use of all the occupants, such as recreation room or social hall; (4) staff space for therapy or examination in care housing; (5) basement spaces not used for living accommodations; or (6) any commercial or other non-residential space. The floor area ratio (FAR) times the land area (LA) equals the maximum amount of floor area (FA) acceptable for the development of a property. FAR X LA = FA, or FAR = FA/LA.

Land Area (LA). Land area for LUI computations is the total area of the parcel being developed.

Livability Space (LS) and Livability Space Ratio (LSR). Livability space is nonvehicular open space, including lawns, planting space, walks, paved terraces and sitting areas. No paved areas for car traffic or parking can be included as livability space. The livability space ratio (LSR) times the land area (LA) equals the minimum amount of livability space acceptable for the development of a property. LSR X LA = LS, or LS/LA = LSR.

Open Space (OS) and Open Space Ratio (OSR). Open space is the sum of the uncovered open space and one-half (1/2) of the covered open space. Uncovered open space is the horizontal area of the site not covered by building area (BA), plus open exterior balconies and roof area improved as recreational space (RS). Covered open space (COS) is the usable open space that is closed to the sky, having two clear unobstructed open or partially opened sides (minimum fifty percent (50%) open). The square foot amount countable as covered open space may not exceed the square foot amount of the open sides. Examples: covered balconies, covered portions of improved roof area or spaces under buildings supported by posts, columns or cantilevers. The open space ratio (OSR) times the land area (LA) equals the minimum amount of open space acceptable for the development of a property. OSR X LA = OS, or OS/LA = OSR.

Recreation Space (RS) and Recreation Space Ratio (RSR). Recreation space is a public or private exterior area improved for recreation and available to all residents; having a least dimension of thirty (30) feet, and a minimum total area of two thousand (2,000) square feet in projects totaling less than two (2) acres, six thousand (6,000) square feet in projects totaling two (2) to three (3) acres, and ten thousand (10,000) square feet in projects with three (3) or more acres. Countable recreation space shall be a minimum of twenty (20) feet from any residential wall containing a window on the ground floor. No improvement within twenty-five (25) feet of the ordinary high water mark shall be included in recreation space. The recreation space ratio (RSR) times the land area (LA) equals the minimum amount of recreation space acceptable for the development of a property. RSR X LA = RS, or RS/LA = RSR.

In addition to all other applicable provisions of this chapter 66, all apartment buildings, condominiums, cooperatives, planned unit developments and residential construction of any type consisting of three (3) or more residential-type units shall be subject to the provisions of this subchapter. In addition all development in the Waterfront Commercial District other than single-family residence or duplexes, and all re-plats, divisions or combination of lots are subject to the provisions of this subchapter. Conditional Use Permits shall be required for such developments and shall be issued only upon the terms and conditions hereafter provided for in this subchapter. In the event of a conflict between the provisions of this subchapter and any other section of the Village Municipal Code the more restrictive provision applies.

Plans and a scale map shall be filed with the Village Clerk, which plans and scale map shall indicate the following:

a.

Name and address of owner.

b.

Name and address of designer/engineer.

c.

Names of adjoining property owners.

d.

Legal description of property.

e.

Present zoning classification.

f.

Location of property lines.

g.

The location of existing and proposed public and private roads, walkways and parking facilities.

h.

The location of existing and proposed utilities.

i.

Grading plan and storm drainage system.

j.

Building setbacks and dimensions.

k.

The location and treatment, including landscaping, of open space areas and recreational or other special amenities.

l.

A construction schedule indicating the approximate dates when construction of the project can be expected to begin and be completed.

m.

Agreements, by-laws, provisions or covenants that govern the organizational structure, use, maintenance and continued protection of the development in any of its common services, common open areas or other facilities.

n.

For purposes of determining land use intensity, the following items as defined herein shall also be furnished:

1.

Land Area (LA).

2.

Building Area (BA).

3.

Floor Area (FA).

4.

Floor Area Ratio (FAR).

5.

Open Space (OS).

6.

Open Space Ratio (OSR).

7.

Livability Space (LS).

8.

Livability Space Ratio (LSR).

9.

Recreation Space (RS).

10.

Recreation Space Ratio (RSR).

11.

Such other information as the Building Inspector shall determine ecessary to evaluate the project.

o.

Any maps, plans or documents required under Chapter 61.

In all such developments, the following standards shall be met in addition to any other restrictions imposed by this Zoning Chapter:

a.

Environmental preservation. The location and orientation of all improvements, shall, whenever feasible, preserve natural features by minimizing the disturbance to the physical environment. Natural features such as trees, water ways, historic landmarks or slopes shall be delineated in the development plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, play areas, parking areas and finished grade elevations. The provisions of section IX of subchapter I of this chapter are applicable to all developments under this subchapter.

b.

Trash collection. Trash collection areas shall be provided within two hundred fifty (250) feet of the units they are designated to serve. Such areas shall be enclosed within a building or screened with walls having a minimum height of five (5) feet.

c.

Buffer strip. The developer shall provide landscaped and land sculptured buffer strips along borders of the property not abutting upon a navigable waterway. Said buffer strips shall contain no structural improvements other than signs in conformity with Village chapters and shall not be paved, blacktopped or finished in any other unnatural surface except as necessary for reasonable access to the rest of the development. Said buffer strips shall have minimum widths as follows:

1.

Street - twenty (20) feet.

2.

Side lot - ten (10) feet.

3.

Rear lot - twenty (20) feet.

4.

Front lot - twenty (20) feet.

d.

Set back from waterway. No structure, including any buildings, decks, garages, gazebo, tents, screen houses, or any man-made structure above grade level, gazeboes etc or other roofed improvement shall be located within thirty (30) feet from the ordinary high water mark of any navigable body of water.

e.

Land use intensity. Projects shall comply with the following land use criteria:

f.

Adjusted floor area for walk-up apartments. The floor area (FA) for units with individual exterior entrances and without interior common hallways shall be increased by eleven percent (11%) before computing the FAR, to allow approximately ten percent (10%) of the total floor area for common use halls, stairways, etc.

g.

Adjustment for mixed projects. Projects with a mix of building types shall be subject to proration of the above criteria based upon the number of units in each category.

The owner shall submit plans and specifications for architectural and landscaping review pursuant to the provisions of Chapter 61 of the Village Municipal Code.

a.

All applications for permits shall first be reviewed by the Building Inspector.

b.

Following review by the Building Inspector, the application shall be submitted to the Village Board with the recommendation that it be approved as submitted, approved with modifications, or disapproved.

c.

The Village Board may approve the plan and authorize the development to proceed accordingly or disapprove the plan and send it back with specific objections. Any approval shall be conditioned upon compliance and conformity with all plans and specifications submitted and approved by the Board.

d.

Minor changes in the location, siting, or character of buildings and structures may be authorized by the Building Inspector, if required by engineering or other circumstances not foreseen at the time the application was approved. No change authorized by the Building Inspector under this section may increase the size of any building or structure by more than ten percent (10%), nor change the location of any building or structure by more than ten (10) feet in any direction; provided, notwithstanding anything in the foregoing, the Building Inspector may not permit changes beyond the minimum or maximum requirements set forth in this chapter. All other changes in the project, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a permit.

This chapter is established for the purpose of regulating land use density in a manner that will give developers flexibility while retaining controls designed to enhance the aesthetics and safety of the community. It is understood that the rules imposed by this or any chapter regulating complex development must allow for certain flexibility beyond strict enforcement of those rules. For that reason it is declared to be the policy of this municipality to grant variances from the strict enforcement of this chapter in cases where the regulatory and aesthetic purposes of this chapter are shown to be met despite lack of strict compliance with the rules established. The Village Plan Commission with the approval of the Village Board shall be the body designated to determine the granting or refusal of variances hereunder.

Any permit granted hereunder shall lapse and be of no further effect in the event construction has not begun within one (1) year from approval by the Village Board. The Village Board may, upon showing of good cause, extend the time for beginning construction for periods of up to one (1) year. Any permit granted hereunder shall lapse and be of no further effect in the event that the Village Board does not substantially complete the project within two (2) years of its approval. If the project is to be developed in stages, each stage must be substantially completed within two (2) years of the time provided for the start of construction of such stage according to the construction schedule submitted with the application for permit. The Village Board may, upon showing of good cause, extend the time for substantial completion for periods of up to one (1) year.

Any area designated and established as "open space," "livability space" or "recreation space" in a project for which a permit has been granted, shall not be changed or modified in such fashion as to alter the classification of such area without first obtaining a permit for such alteration in the same manner as the permit for the original project was obtained. Such permit shall be given only in the event that the Village Board determines that any such proposed change shall enhance the aesthetic value of the project or shall be necessary because of circumstances not foreseen at the time of original project application.

(Ordinance No. 24-029 Passed: 3/25/2024 Published: 4/25/2024)

It is the purpose of the C-2 District to provide an area for certain business and commercial needs of the community which provide goods or services primarily to residents of the area and such businesses and commercial activities do not generate high traffic volume or otherwise adversely impact the area.

Any use in existence prior to the effective date of this chapter.

The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Plan Commission and the Village Board with regard to such matters as creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors:

a.

Amusement parks or amusement related business and any business licensed under Chapter 21 of the Village Municipal Code.

b.

Snowmobile rentals, boat liveries, including boat storage, sale of boats, motors, fuel, marine supplies and the servicing of boats and motors, but not the manufacture of boats or motors.

c.

Telephone buildings, exchanges, lines and transformer stations, service garages and incidental storage yards.

d.

Water storage facilities and their accessory structures.

e.

Commercial camping and tenting areas, vacation farms, fishing camps, educational and/or religious institution and Bible camp, and similar establishments.

f.

Commercial sports clubs, athletic fields, arenas, and similar facilities.

g.

Golf or baseball driving ranges, archery ranges, and similar facilities.

h.

Restaurants, lunchrooms and other eating places, except drive-in type establishments.

i.

Taverns, bars, nightclubs and other drinking places.

j.

Retail shopping centers with not exceeding ten (10) stores or twenty thousand (20,000) square feet in area.

k.

Building contractors and establishments for the sale or storage of lumber or other building material.

l.

Hotel, motels, tourist camps, tourist cabins, tourist cottages, summer resorts, and winter resorts, Bed and Breakfast establishments licensed by the State of Wisconsin and as defined in s. 254.61 (1) Wis. Stats.

m.

Retail stores and services.

n.

Banks and other financial institutions.

o.

Bicycle shops, including facilities for the repair of non-motorized bicycles only.

p.

Florist shops, greenhouses and nurseries.

q.

Offices.

r.

Uses customarily incident to any of the above uses.

s.

Churches.

t.

Bed and Breakfast establishments licensed by the State of Wisconsin and as defined in s. 254.61 (1) Wis. Stats.

u.

Any multi-family residential use.

v.

Any permitted use or conditional use in this zoning district, which does not meet the area requirements of sections 66.106-66.109, but qualify for a conditional use permit pursuant to the provisions of Article III of this chapter.

The following standards shall apply to all uses in the C-2 district:

a.

The minimum lot width shall be two hundred (200) feet.

b.

The minimum lot area shall be one (1) acre.

The maximum building height for permitted uses shall be thirty-five (35) feet.

a.

The minimum front yard setback shall be thirty-five (35) feet.

b.

The minimum rear yard setback shall be twenty-five (25) feet.

c.

The minimum side yard setback for structures shall be ten (10) feet on one side and thirty (30) feet total for both sides.

a.

The minimum building area for one and two-family residential structures shall be seven hundred twenty (720) square feet per family.

b.

There shall be no minimum building area requirement for commercial structures.

The purpose of this Planned Unit Development (PUD) District is to provide flexible land use and design regulations through the establishment of performance criteria so that small to large scale neighborhoods or portions thereof that incorporate a variety of residential types and nonresidential uses and contain both individual building sites and common property which are planned and developed as a unit may be developed within the Village. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This district specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and sitting of dwellings and the conservation and more efficient use of land in such developments.

This district recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulations of land use in areas and neighborhoods that are already substantially developed, these controls represent a type of regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. This district recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the applications of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.

In order to carry out the intent of this section, a PUD shall achieve the following objectives:

a.

A maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities.

b.

More usable open space and recreation areas.

c.

More convenience in location of accessory commercial and service areas.

d.

The preservation of trees, outstanding natural topography and geological features and prevention of soil erosion.

e.

A creative use of land and related physical development which allows an orderly transition of land from rural to urban areas.

f.

An efficient use of land resulting in similar networks of utilities and streets and thereby reducing maintenance and development costs.

g.

A development pattern in harmony with the objectives of the Master Plan.

h.

A more desirable environment than would be possible through the strict application of other sections of this chapter.

a.

Minimum area. Under normal circumstances, the minimum area required to qualify for a Planned Unit Development District shall be five (5) contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holding shall meet the objectives of this subchapter, the Plan Commission may consider projects with less acreage.

b.

Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. The owner, owners, shall file an application or agent, of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.

c.

Location of PUD district. The PUD District shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his holdings shall meet the objectives of this section.

d.

Permitted uses. The provisions of this section determine all uses within an area designated as a PUD District and the approved plan of the project concerned.

1.

Residential uses. Residences may be of any variety of types.

2.

Accessory commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted (or required) where such uses are scaled primarily to serve the residents of the PUD.

3.

Other uses. Customary accessory or associated uses such as private garages, storage spaces, recreational and community activities, churches and schools shall also be permitted as appropriate to the PUD.

e.

Character and intensity of land use. The following criteria shall be applied to every proposed Planned Unit Development as a basis for determining its consistency with the letter and spirit of this section.

1.

Its compatibility with the site, with particular emphasis on the preservation of what features and the use of open space.

2.

Its overall compatibility with existing land uses in the vicinity and with probable future land uses in the vicinity.

3.

The internal compatibility of the various land uses proposed to be included within the development.

4.

Its compatibility with existing and probable future transportation facilities in the vicinity, and its tendency to increase the demand upon those facilities.

5.

The provision of adequate internal circulation facilities including streets and sidewalks, and parking facilities within the development.

6.

Its compatibility with existing and probable future provision of public utility service such as sewer and water facilities and its tendency to increase the demand upon those facilities.

7.

Its compatibility with existing and probable other public services, such as schools, police protection, fire protection, street maintenance, etc., and its tendency to increase the demand upon these services.

8.

Lot sizes need not be equal to the lot sizes required in the zoning district, but there shall be no more buildings or building sites per acre than permitted in the same zoning district for subdivisions not designed as planned unit developments. Common open spaces and common open facilities such as playgrounds, swimming pools and community buildings available only to persons living in the planned unit development may be considered in determining the area of the planned unit development.

9.

The maximum building height shall in no event exceed the maximum height prescribed in the same zoning district.

f.

Economic feasibility and impact. The proponents of a Planned United Development District application shall provide evidence satisfactory to the Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.

g.

Engineering design standards. The width of street right-of-way, width and location of street or other paving, storm water control, outdoor lighting, location of sewer and environmental consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in tile specific situation, provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the Village.

h.

Preservation and maintenance of open space. In a Planned Unit Development District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

1.

In the case of private reservation, the open area to be reserved may be protected against building development by conveying to the Village, as part of the conditions for project approval, an open space easement over such open areas.

2.

The care and maintenance of such or such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the Village and shall be included in the title to each property.

3.

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

i.

Development schedule. District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in adverse effect upon the community as a result of termination at that point.

j.

Common property in the PUD. Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the owners and occupants of the individual building sites share the use and enjoyment of which. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas and recreational and open space areas.

a.

General. Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development shall be granted, and before any subdivision plat or any part thereof may be filed in the office of the applicable Register of Deeds, the developer or his authorized agent shall apply for and secure approval of such Planned Unit Development in accordance with the following procedures.

b.

Application for sketch plan approval. In order to allow the Plan Commission and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of the proposed development to the Commission through the Building Inspector. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, but it shall clearly show the following information:

1.

The location of the various uses and their areas in acres.

2.

The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

3.

Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (e.g., single family, detached, duplex, townhouse, garden apartments, condominium, high-rise), plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area.

4.

The interior open space system.

5.

The overall drainage system.

6.

If grades exceed three percent (3%), or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and pending, a topographic map showing contour intervals of not more than five (5) feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any.

7.

Principal ties to the Village at large with respect to transportation, water supply, sewage disposal, solid waste disposal and utilities.

8.

General description of the provision of other public facilities such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

9.

A location map showing uses and ownership of abutting lands.

10.

General statement as to overall plan of development, the projected time frame involved, if the development is to be staged, a general indication of how the staging is to proceed.

c.

Plan commission review. The Plan Commission shall review the sketch plan and its related documents. The Chairman of the Plan Commission shall verify when all of the necessary application material has been presented and the Commission shall submit its report within sixty (60) days of such certification. If no report has been rendered after sixty (60) days, the application shall be deemed denied and the applicant may file an appeal with the Village Board.

d.

Plan commission approval. A favorable report shall be based on the following findings and conclusions which shall be included as part of the report:

1.

The proposal conforms to the Master Plan.

2.

The proposal meets the provisions of this subchapter.

3.

The proposal is conceptually sound in that it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.

4.

The proposal makes appropriate provisions for the preservation of natural features such as streams and shorelines, ponds, lakes, trees, grasses, wooded cover and terrain.

5.

There are adequate services and utilities available or proposed to be made available in the construction of the development.

6.

A recommendation that a public hearing be held for the purpose of considering PUD districting.

7.

Financing is available to the applicant sufficient to assure completion of the planned unit development.

e.

Plan commission rejection. If the Plan Commission rejects the proposed PUD, it shall state clearly the reasons therefore, and if appropriate, point out to the applicant what might be necessary in order to receive approval. The applicant may, within ten (10) days after receiving notice of rejection, re-apply for PUD districting and the Plan Commission may then determine on its own initiative whether or not it wishes to accept such reapplication.

a.

Public hearing process. The Plan Commission shall set a date for and conduct a public hearing after giving a Class 2 public notice as specified in Ch. 885, Wis. Stats., for the purpose of considering PUD districting for the applicant's plan in accordance with the procedures established under the state statutes and Village regulations or other applicable law, such public hearing to be conducted within thirty (30) days of the receipt of the application. Within thirty (30) days of the public hearing the Plan Commission shall issue its decision approving or rejecting the application.

b.

In the event the application is approved the Village Board shall act upon said recommendation.

c.

In the event the application is rejected, the applicant may appeal to the Village Board, which shall conduct a public hearing after giving a Class 2 public notice as specified in Ch. 885, Wis. Stats. Within thirty (30) days of said public hearing, the Village Board shall render its decision on the application.

d.

Village Engineer report. The Village Engineer shall submit a report to the Plan Commission or Village Board noting the feasibility and adequacy of the design elements of the development. The Village Engineer may also state in the report any other conditions or problems that should be considered before approval.

a.

If the Village Board grants the PUD districting, the zoning map shall be so annotated. The Village Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning Chapter any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction, or occupancy, circulation systems both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, fire houses and libraries, protection of natural and historic sites, and other such physical or social demands. The Village Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in this subchapter.

b.

PUD Districting shall be conditioned upon the application securing of final building permits in accordance with the Village Chapter as well as compliance with all additional conditions and requirements as may be set forth by the Village Board in its resolution granting the PUD District.

c.

The Resolution approving Planned Unit Development shall be recorded in the Office of the Register of Deeds for Sauk County.

The purpose of this Planned Development District (PDD) is to provide flexible commercial land use and design regulations through the establishment of performance criteria so that small to large scale commercial developments that incorporate a variety of commercial uses and contain both individual building sites and common property which are planned and developed as a district may be developed within the Village. Such a planned development district is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a district. This district specifically encourages innovations in commercial development so as to promote the conservation and more efficient use of land in such developments.

This district recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulations of land use in commercial areas that are already substantially developed, these controls represent a type of regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned development district concept. This district recognizes that a rigid set of space requirements, parking requirements, setbacks and the like, along with bulk and use specifications would frustrate the applications of this concept. Thus, where PDD techniques are deemed appropriate through the rezoning of land to a Planned Development District, the set of use and dimensional specifications elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.

In order to carry out the intent of this section, a PDD shall achieve the following objectives:

a.

Provide for harmonious and coherent site and building design that creates a sense of place.

b.

More convenience in location of commercial and service areas.

c.

The preservation of trees, outstanding natural topography and geological features and prevention of soil erosion.

d.

A creative use of land and related physical development, which allows an orderly transition of land from rural to urban areas.

e.

An efficient use of land resulting in similar networks of utilities and streets and thereby reducing maintenance and development costs.

f.

A development pattern that promotes and is in harmony with the objectives of the Master Plan.

g.

A more desirable environment than would be possible through the strict application of other sections of this chapter.

a.

Minimum area. Under normal circumstances, the minimum area required to qualify for a Planned Development District shall be ten (10) contiguous acres of land. Where it can demonstrate that a development of less than ten (10) acres meets the objectives of this subchapter, the Plan Commission may approve developments with less than ten (10) acres of contiguous land.

b.

Ownership. The tract of land for a PDD need not be owned by single person or legal entity. An application for a planned development district shall be filed by or on behalf of the owner(s), of all the land to be included the PDD. In the case of multiple ownership, the application shall be signed and binding upon all owners of the land subject to the PDD.

c.

Location of PDD district. The PDD District shall be applicable to any area of the Village, which is zoned commercial, where the applicant can demonstrate that the characteristics of his holdings shall meet the objectives of this section.

d.

Permitted uses. The Planned Development District may include uses of residential, including single family, multi-family and condominiums, commercial, conservation, or industrial for the district as whole and/or for some areas within the district, as appropriate. The Village may include or exclude uses from the proposed PDD or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determination of the uses to be permitted within the district, the Village may consider the compatibility in relationship of uses within the district, the compatibility in relationship of permitted uses adjoining the district or in proximity to the district, the appropriateness of permitted uses for the area in general and their overall impact on the community, and consistency of the permitted uses with the Master Plan and other adopted plans and policies.

e.

Character and intensity of land use. In the event that the provisions of subchapter J of this chapter regulating land use intensity are applicable to parcel within a proposed district, then the ratios provided therein shall be applicable to the parcel within the district, which is used for multifamily housing.

f.

Economic feasibility and impact. The proponents of a Planned Development District application shall provide evidence satisfactory to the Village Board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.

g.

Engineering design standards.

1.

The width of streets right-of-way, width and location of street or other paving, storm water control, outdoor lighting, location of sewer and environmental consideration shall be based upon existing Village chapters in effect at the time of the approval of the application for PDD.

2.

There is no lot area, building height, setback or other dimensional standard applicable to any parcel in the PDD district.

h.

Development schedule.

1.

The Developer shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Plan Commission and Village Board. If the District Development plan is proposed for construction in phases during a period extending beyond one (1) year, a proposed and tentative schedule for the development of such phases shall be submitted, stating the approximately beginning and completion date for each phase, if known, the portion of total open space and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase.

2.

All public improvements directly related to each phase shall be completed at the time the phase is developed and improvements serving the proposed district as a whole and any adjoining area within the district shall be completed in a sequence assuring full utility of the planned development and the district as a whole. All improvements whether public or private, shall be completed so that future improvements, as anticipated by the developer, required by the Village Board, or by Chapter, are not compromised or rendered unduly difficult.

3.

Each phase as it is completed shall fully comply with the requirements of this subchapter and all Village chapters and not be dependent upon completion of a future phase for compliance unless specifically authorized by the Village Board.

i.

Common property in the PDD. Common property in a PDD is a parcel or parcels of land, together with the improvements thereon, the owners and occupants of the individual building sites share the use and enjoyment of which satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities, including private street, drives, service and parking areas and recreational and open space areas.

j.

Sign requirements. The size, location, and spacing of signs within the PDD shall be subject to the provisions of the development plan as approved by the Village Board and regulated as permitted under this subchapter. If the provisions of the Village Sign Chapter conflict with the provisions of this subchapter, the provisions of this subchapter control.

The size, location setback and spacing of all signs shall be as permitted pursuant to the development plan for the PDD as approved of the Village Board. In reviewing the sign component of the development plan the Village Board shall in the exercise of its discretion consider the following factors:

1.

No sign shall be so illuminated so as to create or cause a hazard to vehicles or other traffic, or obscure an official device, sign or signal.

2.

Signs shall not be placed in such a way that they unduly obstruct existing buildings or signs.

3.

Any electric sign shall comply with the National Electric Code 1978 Edition as amended and adopted by the State of Wisconsin.

4.

Signs shall not resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct nor interfere with the effectiveness of railroad or traffic signs, signals or devices. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape; and no sign shall be attached to a standpipe or interfere with traffic visibility nor be lighted in such a way as to cause glare or impair driver visibility upon public highway or highways.

k.

Interstate signs. Signs visible from Interstate Highways shall be regulated, in addition to the other provisions of this section, in the following manner:

1.

All signs shall advertise businesses, goods services or activities occurring within the PDD.

2.

Any sign readable or designed to be readable from a through travel lane of an Interstate Highway is also subject to the permit and sign criteria requirements administered by the Wisconsin Department of Transportation pursuant to s. 84.30 Wis. Stats. Accordingly, no permit for any sign readable or designed to be readable from a traveled lane of an Interstate highway will be granted under this chapter until the applicant has filed with the Village Clerk a copy of a permit from the said state department which is in effect at the time of the filing.

a.

Public hearing process. Upon approval by the Plan Commission, or upon its own determination, subsequent to an appeal from a rejection by the Plan Commission, the Village Board shall set a date for and conduct a public hearing after giving a Class 2 public notice as specified in Ch. 885, Wis. Stats., for the purpose of considering Planned Development Districting for the applicant's plan in accordance with the procedures established under the state statutes and Village regulations or other applicable law, such public hearing to be conducted within forty-five (45) days of the receipt of the favorable report or the decision or appeal from an unfavorable report.

b.

Village Engineer report. The Village Engineer shall submit a report to the Village Board noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Village Engineer may also state in his report any other conditions or problems that shall be overcome before consideration or acceptance on his part.

c.

Action on application. Within forty-five (45) days after the public hearing, the Village Board shall render its decision on the application.

a.

The Village Board may approve a planned development district if after its review of the findings and recommendation of the Zoning and Planning Commission Plan Commission, the Board finds that the proposal will meet the requirements of the Village Chapters and will advance objectives of the Village master plan. The Village Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning chapter any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction, or occupancy, circulation systems both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, fire houses and libraries, protection of natural and historic sites, and other such physical or social demands. The Village Board shall state at this time its findings with respect to the land use intensity as called for in this subchapter. The Village Board may accept, modify or change the recommendations of the Zoning and Planning Commission regarding the conditions and restrictions to be placed upon approval as the Board in the exercise of its discretion deems necessary to ensure that the planned development meets the objective of this subchapter.

b.

If the Village Board grants the Planned Development Districting, the zoning map shall be so annotated.

c.

Planned Development Districting shall be conditioned upon the application securing of final building permits in accordance with the Village Chapter as well as compliance with all additional conditions and the Village Board in its resolution granting the Planned Development District may set requirements as forth.

d.

Expiration. The Board's approval of a planned development district shall expire unless the applicant obtains building permits for the planned development within one (1) year after the date of the planned development approval. Furthermore, the planned development approval will also expire if the building permits for such development expire.

e.

Extensions. The planned development district approval may be extended a maximum of two (2) times. Each extension shall be for a period of no more than one (1) year. The Plan Commission may grant an extension if, after a public hearing, it finds that:

1.

Conditions and regulations affecting development in the Village have not changed in a manner that would warrant reconsideration of the findings and the decision made at the time of the original planned development approval; and

2.

The extension of the planned development district approval will not unreasonably delay efforts to advance the objectives of the Zone.

f.

Vested rights. The approval of a planned development shall not create any right to an extension of such approval or any vested right to develop the subject property in a manner that does not comply with the laws and regulations in effect at the time that the applicant obtains a building permit. The Resolution approving Planned Development District shall be recorded in the Office of the Register of Deeds for Sauk County.

Uncontrolled use of the shoreland-wetlands and pollution of the navigable water of the Village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

a.

Promote the public health, safety, and general welfare;

b.

Maintain the storm and floodwater storage capacity of wetlands;

c.

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

d.

Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

e.

Prohibit certain uses detrimental to the shoreland-wetland area; and

f.

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover controlling shoreland-wetland excavation, filling and other earth moving activities.

The use of wetland and the alteration of wetlands within the shoreland area of the Village shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.

The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when s. 30.12(4)(a), Wis. Stats., applies.

This subchapter supersedes all the provisions of any municipal zoning chapter enacted under ss. 61.35, 62.23 or 87.34 Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning chapter is more restrictive than this subchapter, that chapter shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in chapter NR 117, Wis. Adm. Code, and where the Chapter provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter. Any reference to Department in this subchapter shall mean the State of Wisconsin Department of Natural Resources.

The Sauk County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the Village for all areas annexed by the Village after May 7, 1982. These annexed lands are described on the Village's official zoning map. The Sank County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Village Zoning Administrator.

The following maps are hereby adopted and made part of this chapter and are on file in the office of the Village Clerk:

a.

Wisconsin Wetland Inventory maps stamped "FINAL" on August 26, 1993.

b.

Flood plain zoning maps titled Flood Insurance Rate Map for the Village dated September 4, 1985, and Wisconsin River 100-year Flood Profiles for the Village, Sauk County, dated April 25, 1985.

c.

United States Geological Survey maps dated 1975.

a.

The shoreland-wetland zoning district includes all wetlands in the Village which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this subchapter and which are:

1.

Within one thousand (1,000) feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the Village shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this subchapter.

2.

Within three hundred (300) feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this subchapter. Floodplain zoning maps adopted in section VII shall be used to determine the extent of floodplain areas.

b.

Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.

c.

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section IX, and X, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.

Wetlands, which are filled prior to August 26, 1993, the date on which the Village received final wetland inventory maps, in a manner, which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this chapter.

Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under s. 30.11, Stats. are not subject to this chapter.

The following uses are permitted subject to the provisions of chapters 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:

a.

Activities and uses which, do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

1.

Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;

2.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

3.

The practice of silviculture, including the planting, thinning and harvesting of timber;

4.

The pasturing of livestock;

5.

The cultivation of agricultural crops; and

6.

The construction and maintenance of duck blinds

b.

Uses that do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

1.

The practice of silviculture, including limited temporary water level stabilization measures, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silviculture activities if not corrected;

2.

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

3.

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoils are placed on existing spoil banks wherever possible;

4.

The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

5.

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

6.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section XVII of this chapter; and

7.

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

c.

Uses which are allowed upon the issuance of a Conditional Use permit and which may include wetland alterations only to the extent specifically provided below:

1.

The construction and maintenance of roads which are necessary for the continuity of the Village street system, the provision of essential utility and emergency services or to provide access to uses permitted under this chapter, provided that:

I.

The road cannot, as a practical matter, be located outside the wetland;

II.

The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland listed in section XVII of this chapter;

III.

The road is designed and constructed with the minimum cross- sectional area practical to serve the intended use;

IV.

Road construction activities are carried out in the immediate area of the roadbed only; and

V.

Any wetland alteration must be necessary for the construction or maintenance of the road.

2.

The construction and maintenance of nonresidential buildings provided that:

I.

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals;

II.

The building cannot, as a practical matter, be located outside the wetland;

III.

The building does not exceed five hundred (500) square feet in floor area; and

IV.

Only limited filling and excavating necessary to provide structural support for the building is allowed.

3.

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

I.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;

II.

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

III.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section XI of this chapter; and

IV.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

4.

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:

I.

The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

II.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

III.

Such construction or maintenance is done in a manner designated to minimize adverse impacts upon the natural functions of the wetland listed in section XVII of this chapter.

a.

Any use not listed in section XI of this subchapter is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with section XVII of this chapter.

b.

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

The lawful use of a building, structure or property which existed at the time this chapter, or an applicable amendment to this chapter, took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

The shoreland-wetland provisions of this subchapter authorized by s. 61.351, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to s. 62.23(7)(h), Wis. Stats., which limits total lifetime structural repair and alterations to fifty percent (50%) of current fair market value.

a.

If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this chapter.

b.

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this chapter adopted under ss. 61.351 or 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended.

c.

The maintenance and repair of nonconforming boathouse, which are located below the ordinary high-water mark of any navigable waters, shall comply with the requirement of s. 30.121, Wis. Stats.

d.

Uses, which are nuisances under common law, shall not be permitted to continue as nonconforming uses.

The Village Zoning Administrator is appointed Zoning Administrator for the purpose of administering and enforcing this chapter. The Zoning Administrator shall have the following duties and powers:

a.

Advise applicants as to the provisions of this chapter and assist them in preparing permit applications and appeal forms.

b.

Issue permits and inspects properties for compliance with this chapter.

c.

Keep records of all permits issued, inspections made, work approved and other official actions.

d.

Have access to any structure or premises between the hours of 8 a.m. and 6 p.m. for the purpose of performing these duties.

e.

Submit copies of decision on variance, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten (10) days after they are granted or denied, to the appropriate district office of the Department.

f.

Investigate and report violations of this chapter to the Plan Commission.

a.

Exemptions. When required, unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, or any change in the use of an existing building or structure is initiated.

b.

Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the Village and shall include, for the purpose of proper enforcement of these regulations, the following information:

1.

General information.

I.

Name, address, and telephone number of applicant, property owner and contractor, where applicable.

II.

Legal description of the property and a general description of the proposed use or development.

III.

Whether or not a private water supply or sewage system is to be installed.

2.

Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:

I.

Dimensions and area of the lot;

II.

Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;

III.

Description of any existing or proposed on-site sewage systems or private water supply systems;

IV.

Location of the ordinary high-water mark of any abutting navigable waterways;

V.

Boundaries of all wetlands;

VI.

Existing and proposed topographic and drainage features and vegetative cover;

VII.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

VIII.

Location of existing or future access roads; and

IX.

Specifications and dimensions for areas of proposed wetland alteration.

c.

Expiration. All permits issued under the authority of this chapter shall expire twelve (12) months from the date of issuance.

a.

Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Village Board after review and recommendation of the Village Plan Commission following the procedures of this section.

b.

Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in this chapter, the Village Board after review and recommendation of the Village Plan Commission shall attach such conditions to a condition use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in section I. Such conditions may include specifications for, without limitation because of specific enumeration type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its recommendation, the Plan Commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.

c.

Fees. The Village governing body may, by resolution, adopt fees for the following:

1.

Zoning permits.

2.

Certificates of compliance.

3.

Public Hearings.

4.

Legal notice publications.

5.

Conditional use permits.

6.

Rezoning petitions.

d.

Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted and file said record with the Village Clerk and with the Office of the Register of Deeds for Sauk County.

e.

Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the Plan Commission or the Village Board shall revoke the permit.

f.

Board of Appeals; powers and duties. The Board of Appeals established under the Village Zoning Code shall have the following duties under this chapter:

1.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.

2.

Hear and decide denials of applications for conditional use permits.

3.

May authorize upon appeal a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates:

I.

That literal enforcement of the terms of the chapter will result in unnecessary hardship for the applicant;

II.

That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;

III.

That such variance is not contrary to the public interest as expressed by the purpose of this chapter; and

IV.

That such variance will not grant or increase any use of property, which is prohibited in the zoning district.

g.

Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an Officer, Department, Board or Bureau of the Village affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official, denying a conditional use permit or a variance. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.

h.

Public hearings.

1.

Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a class 2 notice under ch. 985, Stats., specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.

2.

A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least ten (10) days prior to all public hearings on issues involving shoreland-wetland zoning.

i.

Decisions.

1.

The final disposition of an appeal before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts, which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution.

2.

A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten (10) days after the decision is issued.

a.

The Village governing body may alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirement of s.62.23(7)(d)2, Wis. Stats., NR 177, Wis. Adm. Code, and the following:

1.

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within five (5) days of the submission of the proposed amendment to the Plan Commission;

2.

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the Plan Commission, and a public hearing shall be held after class II notice as required by s. 62.23(7)(d)2, Wis. Stats. The appropriate district office of the Department shall be provided with written notice of the public hearing at least ten (10) days prior to such hearing.

3.

In order to ensure that this chapter will remain consistent with the shoreland protection objectives of s. 144.26, Wis. Stats., the Village governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

I.

Storm and flood water storage capacity;

II.

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

III.

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

IV.

Shoreline protection against erosion;

V.

Fish spawning, breeding, nursery or feeding grounds;

VI.

Wildlife habitat; or

VII.

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

b.

Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section XIX D. of this chapter, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.

c.

The appropriate district office of the Department shall be provided with:

1.

A copy of the recommendation and report, if any, of the Plan Commission on a proposed text or map amendment, within ten (10) days after the submission of those recommendations to the Village governing body.

2.

Written notice of the action on the proposed text or map amendment within ten (10) days after the action is taken.

d.

If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section XIX, D of this chapter, that proposed amendment, if approved by the Village governing body, shall not become effective until more than thirty (30) days have elapsed since written notice of the Village approval was mailed to the Department, as required by section XIX, F of this chapter. If within the thirty (30) day period, the Department notifies the Village that the Department intends to adopt a superseding shoreland-wetland zoning chapter for the Village as provided by s. 62.231(6) or 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the chapter adoption procedure under s. 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.

Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the Plan Commission and the district attorney, corporation counsel or Village Attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state, or any citizen thereof pursuant to s. 87.30(2), Wis. Stats.