Official City of Lake Mills Zoning Map. The location and boundaries of the districts and overlay districts established by this chapter are set forth on the Official Zoning Map, which is incorporated herein and made a part of this chapter. The Official Zoning Map, and all amendments thereto, shall be deemed included within this chapter as though fully set forth and described herein. The Official Zoning Map is sometimes referred to in this chapter as the "Zoning Map" or the "Zoning District Map."

Extraterritorial Zoning Map. The Extraterritorial Zoning Map is an integral part of this chapter. The official copy of this map, entitled "Lake Mills Extraterritorial Zoning Map," together with a copy of this chapter, shall be kept at the office of the City Clerk and shall be available for public inspection during office hours. The map shall be certified by the City Clerk. Any changes in zoning district boundaries shall be recorded on the map. No such change shall be effective until so recorded.

Zoning boundary determination. The zoning district boundaries are corporate limits; United States Public Land Survey lines; lot or property lines; center lines of streets, highways (not including freeways), alleys, easements, and railroad rights-of-way or such lines extended; flood boundaries; and wetland boundaries unless otherwise shown. Distances not specifically shown on the Zoning Maps shall be determined by the scale of the Zoning Maps.

Zoning boundary determination for approximate boundaries. Where the designation of the Official Zoning Map shows that various zoning districts are approximately bounded by a street, alley, railroad, lot line, flood boundary, or wetland boundary such lot line or the center line of such street, alley, or railroad right-of-way, the flood boundaries, or wetland boundaries as delineated on large-scale topographic maps prepared by the City or as determined by using flood profiles and accompanying hydrologic and hydraulic engineering data, said approximate boundaries shall be construed to be the zoning district boundary line.

Split zoning of newly created lots not allowed. The rezoning of any lot or parcel into more than one standard zoning district shall not be allowed. Use of overlay zoning districts and the Planned Development District shall be excepted. Where a district boundary line divides a lot in single ownership on the effective date of this chapter, the Zoning Board of Appeals, after due hearing, may extend the regulations for either portion of such lot.

Zoning district boundary lines on unsubdivided property. In unsubdivided property, the location of the zoning district boundary lines shown on the Zoning Maps shall be determined by:

Locating shoreland-wetland boundaries. Where an apparent discrepancy exists between Shoreland-Wetland Districts shown on the official wetland maps and actual field conditions at the time the maps were adopted, the Zoning Enforcement Officer shall contact the appropriate field office of the WDNR to determine if the Shoreland-Wetland District as mapped is in error. If the WDNR staff concur with the Zoning Enforcement Officer that a particular area was incorrectly mapped as a wetland, the Zoning Enforcement Officer shall have the authority to immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the Official Zoning Map, the Zoning Enforcement Officer shall be responsible for initiating a map amendment within a reasonable period of time.

Temporary zoning. Except as provided in § 62.233, Wis. Stats., an annexation ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in § 660-197 and § 62.23(7)(d), Wis. Stats. All real estate that is annexed to the City shall be automatically classified in the Rural Development (RD) District upon annexation, unless otherwise classified by amendment.

Recommendation. Before introduction of an ordinance containing such a temporary classification, the proposed classification shall be referred to and recommended by the Plan Commission, which shall cause a Class 1 notice to be published, and which shall hold a public hearing on the proposed interim zoning classification. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in § 59.69(7), Wis. Stats.

Standard zoning districts.

Special purpose districts. Planned Development District (PDD). The purpose of the Planned Development District is intended to provide more incentives for redevelopment in areas of the community which are experiencing a lack of reinvestment, or which require flexible zoning treatment because of factors which are specific to the site. This district is designed to forward both aesthetic and economic objectives of the City by controlling the site design and the land use, appearance, density, or intensity of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure long-term progress and broad participation toward these principles. Refer to § 660-206 for the procedures applicable to proposal review in this standard zoning district. The City intends to use the Planned Development District to provide a mechanism for review of planned neighborhoods, mixed use, and traditional neighborhood developments.

Overlay zoning districts.

Extraterritorial zoning districts.

Intent. The intent of these extraterritorial zoning (ETZ) regulations is to promote public health, safety, and general welfare, and to provide sound controls over land uses within the areas over which the governing body of the City of Lake Mills has jurisdiction pursuant to § 62.23(7a) of the Wisconsin Statutes. These ETZ regulations and associated map have been approved by the Joint Extraterritorial Zoning Committee for the City of Lake Mills and Town of Lake Mills, and all necessary public hearings have been held and all approving and recommending actions taken by the Town and the City, as called for by the Wisconsin Statutes.

Scope. The restrictions and requirements set forth in this chapter shall be deemed the minimum necessary to conserve the value of land and buildings and encourage the most appropriate use of land, to lessen congestion in the streets, secure safety from fire and other dangers, promote health and general welfare, provide adequate light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements.

Authority. Should the requirements of this chapter be found in conflict with any state statute, local ordinance, or regulation, or any existing easement, covenant or agreement, or any permits previously issued pursuant to law applicable to the use of any land or structure in the area specified herein as the extraterritorial zoning jurisdiction limits, the more restrictive law, ordinance, regulation, restriction, or requirement shall govern.

Description of extraterritorial zoning area. The lands affected by this chapter are those described in Resolution 02-44,[1] and as referred to as the North Growth Area in an intergovernmental agreement between the City and the Town of Lake Mills, and as is further shown in an exhibit to that agreement, all of which are incorporated herein by reference. In the event of any dispute regarding the location or extent of the ETZ area, the determination of whether an area is included within or excluded from the extraterritorial zoning area shall refer to § 63.23(7a) of the Wisconsin Statutes, which requires all boundary lines to follow government lot or survey section or fractional section lines or public roads.

Purpose. The purpose of this section is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use.

Regulation of allowed uses. The land uses listed in Subsection C are specifically designated and refer to the detailed listing of land uses contained in Article IV, Standards and Regulations for Specific Land Uses.

Matrix of Land Uses. The matrix indicates, by zoning district, the land uses or activities permitted by right (P), permitted by conditional use (C), permitted as a temporary use (T), and permitted as an accessory (A). Blank spaces in the matrix specify that a listed activity or use is prohibited.[1]

Purpose. The purpose of this section is to indicate the requirements for building location and bulk in both residential and nonresidential developments.

Lot requirements.

Bulk standards. All lots shall comply with the standards prescribed by this section. These standards are related to the specific zoning district used. Bulk Regulations are listing in the Table found in Subsection I below.

Number of buildings on a zoning lot. All principal buildings shall be located on a zoning lot. Only one principal building shall be located, erected, or moved onto a lot in all districts by right. The Plan Commission may permit more than one principal building per lot by conditional use as outlined in § 660-195 for the orderly development of the parcel. When additional structures are permitted, the Plan Commission may impose additional yard requirements, floor area ratio limitations, residential density requirements, land use intensity requirements, landscaping requirements, or parking requirements, or may require a minimum separation distance between principal buildings.

Yard requirements where different districts abut. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

Front yard setback adjustment. Front yard setbacks should be adjusted as follows when the described conditions or circumstances exist:

Intrusions into required yards. The minimum setback requirements of each zoning district establish the minimum required yards for all uses, except those exempted by the provisions of this section or necessary for life-safety issues.

Exceptions to maximum height regulations. The maximum height regulations listed for residential and nonresidential uses and accessory structures in each zoning district are the maximum permitted heights for all buildings and structures, except those exempted by this section below.

Bulk regulations. Table 3.2, Bulk Regulation Table is included as an attachment to this chapter.

Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum zoning district area requirements of each zoning district or the minimum lot area requirements of each zoning district or which does not meet the lot dimension requirements of each zoning district.

A lot of record existing upon the effective date of this chapter in a residential district, which does not meet the applicable minimum zoning district area, lot area, or dimensions, may be used for a detached single-family dwelling if said lot area and each lot dimension are equal to or greater than 70% of the requirements of this chapter, and if all other applicable zoning district standards are met. Said lot shall not be more intensively developed (with multifamily or nonresidential uses) unless combined with one or more abutting lots (or portions thereof) so as to create a lot which meets the requirements of this chapter.

Continuation. Any structure lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as provided in this section.

Damaged or destroyed. A nonconforming structure damaged or destroyed on or after the effective date of this chapter by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored to the size and/or location without any limits on the costs of the repair, reconstruction, or improvement in accordance with Wis. Stats. § 62.23(7)(hc).

Expansion or improvement. Any lawful nonconforming structures existing at the time of the adoption or amendment of the chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. Any lawful nonconforming structures may be allowed to be extended, enlarged, reconstructed, moved or structurally altered, provided that said extension, enlargement, reconstruction, movement or alteration complies with the bulk requirements of the specific zoning district, except for the existing nonconformance. However, the nonconforming feature of a lawful nonconforming structure shall not be allowed to become more nonconforming by being extended, enlarged, reconstructed, moved or structurally altered except as permitted under Subsection D below or when required to do so by law, or order, or to comply with the provisions of this chapter, or with the approval of the Zoning Board of Appeals.

Unsafe structures. Nothing in this chapter shall preclude the Zoning Enforcement Officer or any other City official from initiating remedial or enforcement actions when a lawful nonconforming structure is declared unsafe or presents a danger to the public health, safety, or welfare.

Ordinary maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure, and remodeling of a nonconforming structure are permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance repairs and remodeling include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and the replacement of doors, windows, and other nonstructural components.

Timing of building permit. Any structure for which a building permit has been lawfully granted prior to the effective date of this chapter or an amendment, which will become nonconforming under the provisions of this chapter or that amendment thereto, may be completed in accordance with the approved plans. If all such conditions are met, the structure shall thereafter be a legal nonconforming structure.

Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter or any amendment to it may be continued at the size and in a manner of operation existing upon such date, except as specified in this section. Any prior legal use made nonconforming by this chapter or by an amendment to it may be granted legal conforming status by the issuance of a conditional use, subject to the standards and procedures prescribed by § 660-195. Any prior legal use made nonconforming by a modification to the Official Zoning Map after the effective date of this chapter may be granted legal conforming use status, subject to the standards and procedures prescribed by § 660-197.

Modification of a nonconforming use.

Discontinuance of a nonconforming use. When any nonconforming use of any structure or land is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

Maintenance and repair of a nonconforming use. The ordinary maintenance and repair of a nonconforming use (structure or land) is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter. Except as otherwise provided in this section, whenever a nonconforming use is damaged to the extent of more than 50% of its current equalized assessed value, it shall not be restored except in conformity with the regulations of the district in which it is located. Notwithstanding the previous sentence, the structural repairs or alterations in a structure either itself nonconforming or containing a nonconforming use shall not during its lifetime exceed 50% of the present equalized assessed value of said structure unless permanently changed to a conforming use. Pursuant to § 62.23(7)(hc), Wis. Stats., a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

Planned development district.

Lake Residential Overlay (LRO) District.

Public and Institutional Overlay (PIO) District.

Historic Preservation Overlay (HPO) District.

Wellhead Protection Overlay (WPO) District. See § 660-128, Wellhead Protection Overlay (WPO) District.

Shoreland-Wetland Overlay (SWO) District. See § 660-129, Shoreland-Wetland Overlay (SWO) District.

Floodplain Overlay (FPO) District. See § 660-130, Floodplain Overlay (FPO) District.

Floodway Overlay (FPW) District. See § 660-131, Floodway Overlay (FWO) District.

Flood-fringe Overlay (FFO) District. See § 660-132, Flood-fringe Overlay (FFO) District.

Flood Storage Overlay (FSO) District. See § 660-134, Flood Storage Overlay (FSO) District.

Conservancy Overlay (CO) District. See § 660-136, Conservancy Overlay (CO) District.