Lannon Village City Zoning Code

ARTICLE IV

- DISTRICTS

Sec. 78-76. - Annexations.

All territory annexed to the village subsequent to the effective date of this chapter shall, except as provided below, be automatically placed in the Agricultural District (A-1) if more than 35 acres in size and residential country estate if less than 35 acres in size, until definite boundaries and regulations are recommended by the plan commission and adopted by the village board, provided that the village board shall adopt definite boundaries and district regulations within 90 days from the date of the annexation. Annexations containing floodlands and shorelands shall be governed in the following manner:

(1)

Annexations containing shoreland and floodland until such time as the Wisconsin Department of Natural Resources (DNR) certifies that amendments to this chapter meet the requirements of Ch. NR 116, Wis. Adm. Code.

(2)

Pursuant to Wis. Stats. § 59.971(7), any annexation of land after May 7, 1982, which lies within shorelands as defined herein shall be governed by the provisions of the Waukesha County Shoreland and floodland protection ordinance in effect at the time of the annexation. Such regulations shall be administered and enforced by the village building inspector.

Sec. 78-77. - Establishment of official zoning map.

(1)

Districts mapped. The Village of Lannon is hereby divided into zoning districts as shown upon a map designated as the zoning map of the Village of Lannon and made part of this chapter and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said map were all fully described herein.

(2)

Map changes. A change resulting from amendment to the district boundaries shall be shown on a detailed except map showing the exact area of change that by reference shall be a part of the official amendatory ordinance and kept as a supplementary file record to the official map. The official zoning map shall be updated annually if a district boundary change has occurred since the last update.

(3)

Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the village board may by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map, may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof.

(4)

Determination of boundaries. District boundaries shall be determined by measurement from and as shown on the official zoning map, and in case of any question as to the interpretation of such boundary lines, the plan commission shall interpret the map according to the reasonable intent of this chapter.

(a)

The district boundaries in all districts, except the C-1 Conservancy District shall be construed to follow corporate limits; U.S. Public Land Survey lines; alleys, easements and railroad rights-of-way or such lines extended.

(b)

Boundaries of the C-1 Conservancy District are based on the Wisconsin Wetland Inventory Maps for the village dated September 30, 1987, and stamped "FINAL" and include but are not limited to all shoreland-wetlands five acres or greater in area shown on that map.

(Ord. of 7-11-07, § 1)

Sec. 78-78. - Regulations made applicable to each district.

The regulations as set forth in this chapter are made specifically applicable to each individual district as hereinafter set forth in the individual district regulation summary.

(1)

Establishment of districts. All property in the village has been placed in one of the basic zoning districts created for the purpose of establishing the general pattern of intended land use with the Village of Lannon objectives that reflect the village development goals. In order to carry out the purpose and provisions of this chapter, the Village of Lannon is hereby divided into the following districts:

A-1 Agricultural Holding District.

ROP Single-family Residence Original Plat (10,000 square feet minimum).

R-1 Single-family Residence District (30,000 square feet minimum).

R-2 Single-family Residence District (20,000 square feet minimum).

R-3 Single-family Residence District (12,000 square feet minimum).

R-4 Mobile Home/Manufactured Housing District.

RD Two-family Residence District (15,000 square feet minimum lot).

R-M Multi-family Residence District (nine units per acre max. density).

B-1 Neighborhood Convenience District.

B-2 Downtown Business District.

B-3 Highway Business District.

L-I Light Industrial District.

BP Business Park District.

OS Office and Service Business District.

I Institutional and Public Service District.

Q Quarrying District.

FP Floodplain District.

C-1 Shoreland/Wetland District.

C-2 General Conservancy District.

P-1 Park and Recreation District.

Sec. 78-79. - A-1 Agricultural/Holding District.

(1)

Purpose. The A-1 Agricultural/Holding District is intended to provide for the continuation of general farming and related uses in those areas of the village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing).

(c)

Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises.

Horses, provided that they are kept pursuant to all applicable, state, county and village laws and/or ordinances and as follows:

The horse is kept only for the personal use of the resident and his guests by not for hire or money.

Not more than one horse shall be permitted per three acres of land, and not more than on additional horse shall be permitted for each additional acre thereafter, and the number shall not exceed three horses on any one property.

An appropriate fenced enclosure and paddock approved by the plan commission shall be provided for the horse.

Manure shall be disposed of in such a manner and with such frequency as to prevent offensive odors from affecting adjacent properties.

(d)

One single-family farm dwelling.

(e)

Existing dwellings not accessory to any farm operation or dwelling remaining after consolidation of farms.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings and paved parking areas.

(b)

Stables, barns, poultry houses, greenhouses, sheds, or other similar structures, provided that no building housing domestic livestock or poultry shall be closer than 50 feet to any lot line.

(c)

Home occupations and professional offices.

Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

There shall be no change in the outside appearance of the premises other than one unlighted nameplate no more than one square foot in area. Any sign shall be mounted flat against the wall of the building. There shall be no display that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling.

No stock in trade or commodity shall be kept or sold upon the premises. Storage of materials or supplies used in the home occupations shall be done in enclosed buildings and within the space limitations of (c) above.

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which creates fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

No vehicular traffic shall be generated by the home occupation in greater volumes than would normally be generated by the dwelling unit. For the purpose of this section the typical trip generation rates for each type of residential use are those specified in Trip Generation, 5th Edition, published by the Institute of Traffic Engineers. In an instance where two or more trip generation rates may apply to a particular land use, the village shall determine the appropriate rate.

Any need for parking generated by the home occupation shall be met off the street and on the premises but other than in the front yard, except on driveways. No more than two motor vehicles associated with the home occupation may be kept on the premises.

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(d)

Private residential outdoor recreation facilities.

(e)

Roadside stands for the sale only of products raised on the premises, operated by the resident farmer, and subject to the following:

Off-street parking for a minimum of four vehicles shall be provided.

No stand shall be permitted in a location where it would create a traffic hazard or nuisance; and where permitted, driveways shall be so located as to minimize possible interference with normal flow of highway traffic.

No such stand shall be closer than 30 feet to the right-of-way line or closer than 20 feet to any other lot line.

Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.

A general sign to advertise the stand, not more than 12 square feet in area, shall be permitted.

(f)

Blacksmith shop or machine shed for the maintenance and repair of farm machinery, equipment and vehicles.

(g)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Conditional uses. Animal hospitals; commercial stables; kennels; pea vineries; experimental testing and research laboratories related to agriculture or forestry; quarters for household or farm employees; guest houses; road side stands; commercial fish or boat ponds/hatcheries.

(5)

Area requirements.

(a)

Lot size.

Minimum 20 acres.

Minimum width of 400 feet.

(b)

Building location.

Setback minimum of 50 feet from front lot line.

Side yard—Minimum of 20 feet from side lot lines.

Rear yard—Minimum of 50 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,500 square feet.

Maximum floor area ratio of ten percent.

(d)

Building height.

Principal residential structure—35 feet maximum.

Accessory structure—15 feet maximum.

Agriculture structure—35 feet maximum.

Sec. 78-80. - ROP Single-family Residence Original Plat.

(1)

Purpose. This district is intended to provide zoning requirements for the Hadfield Original Plat area defined as follows: North to Hemlock, south to Good Hope Road, west to Bay Street and east to Lannon Road.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Private residential outdoor recreation facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(d)

Home occupations and professional offices.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 10,000 square feet per lot.

Minimum width of 66 feet.

(b)

Building location.

Setback minimum of 15 feet from front lot line.

Side yard—Minimum of ten feet from side lot lines.

Rear yard—Minimum of 25 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,200 square feet.

Maximum floor area ratio of 40 percent.

(d)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-80A. - ROP Business Original Plat.

(1)

Purpose. This district is intended to provide business zoning requirements for the Hadfield Original Plat area defined as follows: North to Hemlock, south to Good Hope Road, west to Bay Street and east to Lannon Road and is limited to only those parcels that abut Main Street.

(2)

Permitted uses.

(a)

All retail stores, shops, offices and service establishments allowable as permitted uses by Village of Lannon Ordinance section 78-88. B-2 Downtown Business District provided that any parcel subject to this zoning classification have, in the judgment of the Commission, safe access and adequate parking for B-2 Business use.

(b)

Single-family dwellings that conform to the provisions of Village of Lannon Ordinances section 78-80 ROP Single-family Residence.

(c)

Mixed-use buildings, with the ground story used as permitted in subsection (1), and at least one story used for residential purposes.

(3)

Permitted accessory uses.

(a)

Garages for storage of vehicles used in conjunction with the operation of the business or dwelling unit, off-street parking, loading areas, signs and any other structure or use normally accessory the principal uses permitted.

(4)

Conditional uses.

(a)

All conditional uses allowable under Village of Lannon Ordinance subsection 78-88(5)(a).

(b)

Rooming or lodging houses.

(5)

Area requirements.

(a)

Lot size.

Minimum area of 10,000 square feet per lot.

Minimum width of 66 feet.

(b)

Building location.

Setback minimum of 15 feet from front lot line.

Side yard—Minimum of ten feet from side lot lines.

In the case of a lot of record existing as of September 1, 2009, which has an average width less than the required minimum width of the district, the required side yard for the principal structure may be reduced proportionately to the ratio between the actual average width and the required minimum width, but in no case may the side yard be less than eight feet from either side lot line.

Example:

Actual lot width	× Required offset = Reduced offset
Required lot width

Rear yard—Minimum of 25 feet from rear lot line.

(c)

Building size.

Maximum floor area ratio of 40 percent.

Building height.

Principal structure—35 feet maximum.

ii.

Accessory structure—25 feet maximum.

Residential living areas.

Minimum living area of 800 square feet per unit for one and two bedroom units.

ii.

Minimum living area of 920 square feet per unit for three bedroom units.

(Ord. of 10-12-09, § 1)

Sec. 78-81. - R-1 Single-family Residence District.

(1)

Purpose. This district is intended to provide "estate size" single-family detached residential development.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Private residential outdoor recreation facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(d)

Home occupations and professional offices.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 30,000 square feet per lot.

Minimum width of 120 feet.

(b)

Building location.

Setback minimum of 30 feet from front lot line.

Side yard—Minimum of 15 feet from side lot lines.

Rear yard—Minimum of 30 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,500 square feet.

Maximum floor area ratio of 15 percent.

(d)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-82. - R-2 Single-family Residence District.

(1)

Purpose. This district is intended to provide for high quality single-family residential development at medium density.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Home occupations and professional offices.

(c)

Private residential outdoor recreation facilities.

(d)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 20,000 square feet per lot.

Minimum width of 100 feet.

(b)

Building location.

Setback minimum of 30 feet from front lot line.

Side yard—Minimum of 15 feet from side lot lines.

Rear yard—Minimum of 30 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total minimum living area of 1,400 square feet.

Maximum floor area ratio of 25 percent.

(d)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-83. - R-3 Single-family Residence District.

(1)

Purpose. This district is intended to provide for detached single-family residential development on a relatively small lot.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas. Maximum size of accessory buildings shall be subject to section 78-48 of this Code.

(b)

Home occupations and professional offices.

(c)

Private residential outdoor recreation facilities.

(d)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 15,000 square feet per lot.

Minimum width of 90 feet.

(b)

Building location.

Setback minimum of 25 feet from front lot line.

Side yard—Minimum of ten feet from side lot lines.

Rear yard—Minimum of 25 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,400 square feet.

Maximum floor area ratio of 25 percent.

(d)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-84. - R-4 Mobile Home/Manufactured Housing District.

(1)

Purpose. This district is intended to provide for mobile home/manufactured housing parks.

(2)

Permitted uses.

(a)

Mobile home/manufactured housing park with minimum lot areas of 10,890 square feet per lot.

(3)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(4)

Conditional uses. The procedure for conditional uses is as provided in section 78-57. The conditional use in the R-4 Mobile Home/Manufactured Housing District is a mobile home/manufactured housing park. The petitioner shall submit location, building, utilities, waste disposal, lighting and site plans and the plan of operation in detail required by the village board and plan commission. Plans shall be prepared by a registered land surveyor, professional engineer, architect, landscape architect or other qualified persons or firms.

The specific yard and area requirements of the R-4 Mobile Home/Manufactured Housing District do not apply to such parks. The mobile home/manufactured housing park shall also be subject to the provisions of chapter 42 regarding mobile home/manufactured housing and mobile home/manufactured housing parks, as well as all other applicable Code sections and to Wis. Stats. §§ 66.0435 and 140.05(17).

(5)

Area requirements.

(a)

Mobile/manufactured building size.

Twenty-four-foot minimum width, 1,000 square feet of living area for all homes in the village to eliminate single wides.

Sec. 78-85. - RD Two-family Residence District.

(1)

Purpose. This district is intended to provide for residential housing, two attached units, at relatively low density and in those areas where such development would be compatible with surrounding uses. The overall density of this district shall not exceed six units per acre.

(2)

General requirements.

(a)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.

(b)

No land shall be used or structure erected where the use or structure will result in a significant traffic impact and/or where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil, unfavorable topography or low load bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the commission may affirm, modify or withdraw its determination of unsuitability.

(3)

Permitted uses.

(a)

Single-family residences.

(b)

Duplex units.

(c)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(4)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas. Maximum size of accessory buildings shall be subject to section 78-48 of this Code.

(b)

Private residential and private non-commercial group outdoor recreational facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Permitted special uses.

(a)

Zero lot line duplexes.

A zero lot line duplex may be built on the dividing line between two halves of an existing legal lot of record having at least 15,000 square feet in area and at least 120 feet of frontage total and 60 feet for each parcel.

The common wall of zero lot line duplex shall be centered on the dividing line between the two halves of the lot.

The setback from the opposite lot line shall not be less than ten feet.

When attached dwelling units are created, the plans, specifications and construction of such building shall require that the installation and the construction of sewer, water and other utility services be done in such a manner so as to provide separate systems to each dwelling unit; provided however, that common services are permitted if:

Current Wisconsin State plumbing code permits the installation of common systems; and

Cross easements and maintenance provisions for the common systems are provided for and included in the deed restrictions referred to in paragraph 5 below.

When attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe and maintenance shall be guarded against by private covenants, deed restrictions and the approving authority.

Deed restrictions shall provide:

Each side of the building shall be constructed at the same time and in such a way as to be harmonious with the other side so that the overall effect is aesthetically pleasing.

Each side of the duplex shall be provided with a minimum of two trees and foundation plantings covering two-thirds of the street side of the unit. Lots shall be maintained equally with respect to lawn care, pruning of shrubs and trees.

The dwelling shall be painted, stained or sided one color scheme and any subsequent repainting, staining or siding shall be of one color scheme, or according to the plan established by these covenants.

Violation of these covenants should be handled by the signing parties; however, they shall provide that the village may enforce the same or facilitate the proper solution.

Copies of the deed restrictions and private covenants shall be placed on file in the assessor's office and recorded in the office of the Register of Deeds for Waukesha County.

Changes to covenants or deed restrictions shall require an amendment to the special use approval or conditional use permit required by the zoning ordinance.

Basements shall be provided across zero lot lines where necessary for water, sewer and utility services.

There shall be a common wall which shall be a minimum one-hour fire wall running from the lowest floor level, including the basement, to the underside of the roof sheathing. Such basement wall, if any, shall be masonry.

No fences shall be permitted along the zero lot line in front of rear yards.

(7)

Area requirements.

(a)

Lot size.

Minimum area of 17,500 square feet per lot or 8,750 square feet for each zero lot line duplex parcel.

Minimum width of 110 feet or 55 feet for zero lot line duplex.

(b)

Density.

Maximum of one dwelling unit per 8,750 square feet.

(c)

Building location.

Setback minimum of 25 feet from front lot line.

Offsets—Minimum of ten feet from side lot lines.

Offsets—Minimum of 20 feet from rear lot line.

(d)

Building size.

Minimum living area of 900 square feet 1st floor and a total minimum living area of 1,100 square feet.

Maximum floor area ratio of 30 percent.

(e)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-86. - RM Multiple-family Residence District.

(1)

Purpose. This district is intended to provide for residential development buildings housing two or more units, at relatively low density and in those areas where such development would be compatible with surrounding uses.

(2)

General requirements.

(a)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.

(b)

(3)

Permitted uses.

(a)

Multiple-family dwellings of two or more units, but not more than six dwelling units per structure subject to approval of building, site and operational plans by the plan commission.

(b)

A multi-family planned community development is a multi-family residential development consisting of multiple-family dwellings of two or more units allowing for larger than six dwelling units, but no more than 24 dwelling units, per structure may be authorized by the village board, after review and approval of the planning commission, subject to the following:

The development must be a minimum of 36 acres in gross area size, not including C-1 lands.

The development must:

Be owned by the same entity; or

The development must be built and managed by the same entity as a single multi-family planned community development as set forth in the developer's agreement and on the site plan.

The development may be constructed in phases but all phases must be fully completed within 60 months from the date of approval of the developer's agreement unless otherwise approved by the village board in the developer's agreement.

The development may be expanded with additional contiguous lands and not separated by a public road being added to the original gross area size.

The development must include at a minimum the following services and amenities:

Two club houses one of which include a professional grade gym. Each clubhouse must be a minimum of _______ square feet.

On-Site Professional Management including Property Manager, Leasing Staff, Maintenance Staff, and snow removal.

A bike and walking path via an easement agreement connecting to the Bug Line Trail.

A minimum of one acre set aside for private resident only amenities including:

A resident only dog park.

Picnic areas throughout the development with gas grills with an auto shut off timers.

Walking trails through the development.

A Community garden area.

Playground equipment.

Attached garages for at least 60 percent of the units.

All internal roads shall be private.

The development is subject to submittal by the developer and approval of a developer's agreement by the village board and such developer's agreement must include at a minimum the following:

Timetables for performance/completion of improvements; and

Prohibitions on any division/combination of the real estate lots except as provided in the agreement; and

Agreements, bylaws, provisions and/or covenants or additional deed restrictions to be recorded against the lot(s) that will perpetually govern the organizational structure, use, maintenance and continued preservation and protection of the project and any of its common services, common open areas and/or other facilities; and

Exhibits, drawings or other attachments that depict improvements, including but not limited to structures, fixtures and landscaping and their relative locations in the development area as well as design and engineering details as may be necessary to document to a reasonable degree of specificity the type, character and nature of the improvements to be made within the development.

(c)

A multi-family planned community development of multiple-family dwellings of two or more units allowing for larger than six dwelling units, but no more than 70, per assisted living or elderly care structure may be authorized by the village board, after review and approval by the planning commission subject to the following:

The development must be over five acres in gross area size, not including C -1 lands.

The development must include at a minimum the following services and amenities:

On-site professional management.

Walking trails through the development.

A bike and walking path connecting to the Bug Line Trail.

All internal roads shall be private.

The development must be owned by the same entity.

The development may be built in phases.

(4)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas. Maximum size of accessory buildings shall be subject to section 78-48 of this Code.

(b)

Private residential and private non-commercial group outdoor recreational facilities.

(c)

Service buildings and facilities normally incident to the use of a private non-commercial recreation area.

(d)

Any other structure or use normally accessory to the principal uses permitted.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(b)

Elderly housing at 18 units per acre maximum, not subject to six dwelling units per structure.

(6)

Permitted special uses.

(a)

Zero lot line duplexes.

A zero lot line duplex may be built on the dividing line between two halves of an existing legal lot of record having at least 15,000 square feet in area and at least 120 feet of frontage.

The common wall of zero lot line duplex shall be centered on the dividing line between the two halves of the lot.

The setback from the opposite lot line shall not be less than ten feet.

Current Wisconsin State Plumbing Code permits the installation of common systems; and

Cross easements and maintenance provisions for the common systems are provided for and included in the deed restrictions referred to in paragraph 5 below.

Deed restrictions shall provide:

Each side of the building shall be constructed at the same time and in such a way as to be harmonious with the other side so that the overall effect is aesthetically pleasing.

Violation of these covenants should be handled by the signing parties; however, they shall provide that the village may enforce the same or facilitate the proper solution.

Copies of the deed restrictions and private covenants shall be placed on file in the assessor's office and recorded in the office of the Register of Deeds for Waukesha County.

Changes to covenants or deed restrictions shall require an amendment to the special use approval or conditional use permit required by the zoning ordinance.

Basements shall be provided across zero lot lines where necessary for water, sewer and utility services.

No fences shall be permitted along the zero lot line in front of rear yards.

(7)

Area requirements.

(a)

Lot size.

Minimum area of 40,000 square feet per lot.

Minimum width of 120 feet.

(b)

Density.

The maximum density allowed under a development permitted under 3.a is as follows: The overall density of this district shall not exceed nine units per acre. (Not to include any C-1 in the density calculations.)

The maximum density allowed under a development permitted under 3.b is as follows: The overall density of this district shall not exceed nine units per acre. (Not to include any C-1 in the density calculations.)

If the development is expanded with additional adjoining lands being added to the original gross area size and all of the density allowed for the original gross area size has not been used, the remaining density, may be authorized by the village board, after review and approval by the planning commission for use on the additional adjoining lands.

The maximum density allowed under a development permitted under 3.c is as follows: The overall density of this district shall not exceed 14 units per acre. (Not to include any C-1 in the density calculations.)

(c)

Building location.

Setback minimum of 25 feet from front lot line.

Offsets—Minimum of 15 feet from side and rear lot lines.

(d)

Building size.

The building size allowed under a development permitted under 3.a is as follows:

Minimum living area of 800 square feet per unit for one- and two-bedroom units.

Minimum living area of 920 square feet per unit for three-bedroom units.

Maximum floor area ratio of 45 percent.

The building size allowed under a development permitted under 3.b is as follows:

Minimum living area of 675 square feet per unit for one- and two-bedroom units.

Minimum living area of 920 square feet per unit for three-bedroom units.

Minimum living area of 400 square feet per unit for studio units.

Maximum floor area ratio of 45 percent.

The building size allowed under a development permitted under 3.c is as follows:

Minimum living area of 600 square feet per unit for one- and two-bedroom units.

Minimum living area of 900 square feet per unit for three-bedroom units.

Minimum living area of 400 square feet per unit for studio units.

Maximum floor area ratio of 45 percent.

(e)

Building height.

The building height allowed under a development permitted under 3.a is as follows:

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

The building height allowed under a development permitted under 3.b is as follows:

Principal structure—40 feet maximum

Accessory structure—20 feet maximum

The building height allowed under a development permitted under 3.c is as follows:

Principal structure—55 feet maximum

Accessory structure—20 feet maximum

(8)

Architectural standards. In addition to the requirements of section 78-123(5), the following architectural standards are established: (Village engineer to supply language.)

( Ord. No. 19-5 , § 2, 4-25-19)

Sec. 78-87. - B-1 Neighborhood Convenience District.

(1)

Purpose. This district is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood, and the character, appearance, and operation of which are compatible with the character of the surrounding area. Traditional design is encouraged in this district i.e., commercial first floor and residential units on the second floor, with traditional exterior treatments.

(2)

General requirements.

(a)

Buildings shall be designed in individual or small groupings generally not to exceed 20,000 square feet per structure.

(b)

All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the plan commission.

(c)

The size and location of projects within the district shall be based upon such factors as justifiable community needs, satisfactory traffic impact and its potential contribution to the welfare of the community.

(d)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner. Site development shall be approved by the plan commission in accordance with sections 78-50, 78-122, 78-123 and 78-124 of this chapter.

(e)

(3)

Permitted uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans:

Retail stores; convenience stores; personal services; business, professional or public service offices, customer service establishments; restaurants not serving liquor; shoe repair; barber; beauty shops; medical clinics; dry cleaning; laundry establishments; motels; banking; financial institutions; theaters; studios and any similar uses subject to plan commission approval.

(4)

Permitted accessory uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans:

Garages for storage of vehicles used in conjunction with the operation of the business, off-street parking, loading areas, signs, and any other structure or use normally accessory to the principal uses permitted.

(5)

Conditional uses.

(a)

Commercial drive-through restaurants; commercial development of historic restorations; gasoline service stations; private commercial outdoor recreational facilities; residential quarters for the owner/proprietor/commercial tenant employee, or caretaker located in the same building as the business; legal nonconforming uses.

(b)

Residential use shall be permitted only in conjunction with and accessory to a permitted principal use.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 20,000 square feet per lot.

Minimum width of 125 feet.

(b)

Density.

Minimum open space of 5,000 square feet per residential dwelling unit.

(c)

Building location.

Setback minimum of 25 feet from front lot line, or as determined to be appropriate by the plan commission to promote traditional building location.

Offsets—Minimum of 15 feet from side and rear lot lines, or as determined to be appropriate by the plan commission to promote traditional building location.

(d)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 900 square feet per dwelling.

Maximum floor area ratio of 50 percent.

(e)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-88. - B-2 Downtown Business District.

(1)

Purpose. This district is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices and service establishments serving the daily needs of the surrounding local community area. The size and location of such districts shall be based upon evidence of justifiable community need, of adequate customer potential, of satisfactory relationship to the circulation system and other related facilities, and of potential contribution to the economic welfare of the community. Traditional design is encouraged in this district i.e., commercial first floor and residential units on the second floor, with traditional exterior treatments.

(2)

General requirements.

(a)

Buildings shall be designed in individual or small groupings generally not to exceed 20,000 square feet per structure.

(b)

All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the plan commission.

(c)

(d)

(e)

(3)

Permitted uses.

(a)

The following subject to approval by the plan commission of building, site, and operations plans:

Retail stores, shops, community and customer service establishments, business offices, professional offices, public service, banking, financial institutions, restaurants, taverns, commercial entertainment facilities, laundromats, dry cleaning establishments, dental and medical clinics. commercial studios, display galleries, training schools, public utility offices and installations; and similar uses subject to plan commission approval.

(4)

Permitted accessory uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans:

(5)

Conditional uses.

(a)

Antique shops; appliance and small machinery repair establishments; art studios; bed and breakfast; drive-in establishments; legal non-conforming uses; planned unit developments; restaurants; taverns; theaters; gas stations.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 20,000 square feet per lot.

Minimum width of 100 feet.

(b)

Density.

Minimum open space of 5,000 square feet per residential dwelling unit.

(c)

Building location.

Setback minimum of 25 feet from front lot line, or as determined to be appropriate by the plan commission to promote traditional building location.

Offsets—Minimum of ten feet from side and rear lot lines, or as determined to be appropriate by the plan commission to promote traditional building location.

(d)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 900 square feet per dwelling.

Maximum floor area ratio of 50 percent.

(e)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-89. - B-3 Highway Business District.

(1)

Purpose. This district is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

(2)

General requirements.

(a)

Buildings shall not exceed 50,000 square feet of gross floor area; except that following a public hearing and conditional use grant approval, the plan commission may approve larger buildings based upon their design location within the Highway Business District and potential impact upon the Highway Business District and surrounding area.

(b)

All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the plan commission.

(c)

(d)

(e)

(3)

Permitted uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans.

Hotels, motels, outdoor sales areas, business and professional offices, garden shops, nursery, building supply stores; general warehousing; legal non-conforming uses; lumber and building supply yards; restaurants; service and sales establishments for automobiles and used car lots, not including storage of junked or wrecked automobiles and parts; taverns; theaters.

(4)

Permitted accessory uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans:

(5)

Conditional uses. Service and sales establishments for automobiles, including body repair shops, used car lots but not including the storage of junked or wrecked automobiles and parts, outdoor recreational facilities, gasoline service stations, drive-in establishments, and any similar uses subject to plan commission approval.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 30,000 square feet per lot.

Minimum width of 150 feet.

(b)

Density.

Minimum open space of 10,000 square feet per residential dwelling unit.

(c)

Building location.

Setback minimum of 50 feet from front lot line.

Offsets—Minimum of 15 feet from side and rear lot lines.

(d)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 900 square feet per dwelling.

Maximum floor area ratio of 30 percent.

(e)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-90. - L-I Light Industrial District.

(1)

Purpose. This district is intended to provide for the orderly and attractive grouping in appropriately landscaped grounds of any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factor; and to establish such regulatory controls as will reasonably insure compatibility with the surrounding area in this respect.

(2)

General requirements.

(a)

(b)

The development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development in accordance with section 78-123.

(c)

All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the plan commission.

(d)

The development shall be improved with underground utilities.

(e)

Site access shall be oriented to internal circulation drives with limited access provided to village streets.

(f)

No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution or hazardous by reason of excessive danger of fire or explosion shall be permitted.

(g)

(3)

Permitted uses.

(a)

Permitted uses. Assembly, processing, manufacturing, and/or storage consistent with the following:

Wholesaling, warehouse, storage or distribution establishments (except bulk storage of flammable liquids) and uses of a similar nature.

Automotive uses, including indoor storage, customizing, body shops, and retail sales of automotive accessories appurtenant to the above, including retail vehicle sales not to exceed ten vehicles for sale on the zoned property.

Printing and publishing.

Service establishments catering to commercial and industrial uses including business machine services, linen supply, freight movers, communication services, canteen services and uses of a similar nature.

Light manufacturing including metal fabricating and assembly uses including bottling, packaging, laboratories, and uses of a similar nature.

Manufacturing uses consistent with subsection 78-90(2), including production, processing, cleaning, testing and the distribution of materials and goods except junkyards as defined in subsection 78-8(67), wrecking yards, fertilizer and chemical manufacture, paper mills, canneries or slaughterhouses, tanneries, animal reduction, manufacture of explosives, drop forges, or any similar use, the normal operation of which causes objectionable noise, odor, dust or smoke.

Contractor's storage yards as defined in section 78-8 may be allowed as a special use provided a special use permit has been obtained pursuant to section 78-55 and 78-56. Special use permits for this use shall be reviewable every 24 months to confirm compliance with their terms and to confirm the absence of undesirable impacts on nearby properties.

Uses found by the village plan commission to be substantially similar in character, scope and impact on nearby properties as those allowed by subsections 78-90(3)(a)1—6 may be allowed as special uses pursuant to sections 78-55 and 78-56.

(4)

Permitted accessory uses.

(a)

The following subject to approval by the plan commission of building, site and operational plans:

Offices, storage, power supply and other such uses normally auxiliary to the principal industrial use, off street parking, service and loading facilities.

All permitted material or products stored outside buildings must be behind the building setback line from the street and must be screened from view from any street in the village with solid fencing or screening approved by the plan commission. All trash must be enclosed by a fence or solid materials such as will provide a suitable visual screen. The fence must be kept painted or have such other finish as is generally accepted for good appearance. A wire fence is not acceptable for this purpose.

(5)

Conditional uses.

(a)

Outdoor recreational facilities; gasoline service stations; residential quarters for guards or caretakers; adult-oriented activity and adult establishments; telecommunication towers, antennas and related facilities; and any similar uses subject to plan commission approval.

(b)

Retail or wholesale sale of merchandise associated with the primary business of the industrial operation is allowed, subject to plan commission approval. Outdoor display of merchandise offered for sale within the industrial building is allowed. Location and size of area designated for outdoor display shall be approved by the plan commission prior to any merchandise being displayed. Outdoor display areas may be located in front of, or on the side of the primary building. No outdoor display shall obstruct visibility at the intersection of two or more roadways and/or driveways.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 40,000 square feet per lot.

Minimum width of 150 feet.

(b)

Building location.

Setback minimum of 50 feet from front lot line.

Offsets—Minimum of ten feet from side and rear lot lines.

(c)

Building size.

Maximum floor area ratio of 75 percent.

(d)

Building height.

Principal structure—50 feet maximum.

Accessory structure—50 feet maximum.

(Ord. of 5-13-02, §§ 1, 2; Ord. of 5-31-02, § 2; Ord. of 10-13-08, §§ 1, 2; Ord. No. 14-2 , § 1, 2-27-14; Ord. No. 20-1 , § 1, 3-2-20)

Sec. 78-91. - BP Business Park District.

(1)

Purpose. The BP Business Park District is intended to provide for the development of an attractive an aesthetically mixed grouping of both office and limited light industrial uses in a planned park-like setting.

(2)

General requirements.

(a)

(b)

(3)

Permitted uses.

(a)

Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(b)

Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.

(c)

Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investments, insurance agency, insurance carriers, governmental and public services.

(d)

Light manufacturing.

(e)

Wholesaling.

(f)

Distribution.

(g)

Research and development.

(4)

Permitted accessory uses.

(a)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(b)

Satellite dishes.

(5)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(a)

Food processing.

(b)

Commercial child day care facilities.

(c)

Restaurants (not including fast food facilities).

(d)

Automobile service facilities.

(e)

Warehousing as a principal use.

(f)

Buildings larger than 50,000 square feet.

(g)

Factory outlet stores.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 15,000 square feet per lot.

Minimum lot width of 100 feet.

(b)

Lot coverage/open space.

Not more than 80 percent of the lot shall be covered by buildings, structures or impervious surface. Open space configuration and distribution shall be subject to specific plan commission approval.

(c)

Building location.

Setback minimum of 50 feet from base setback line (i.e., road right-of-way).

Side yard—Minimum of 15 feet from side lot lines.

Rear yard—Minimum of 15 feet from rear lot line. (If, however, adjoining property is zoned residential, no building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.)

(d)

Building size.

Maximum floor area ratio of 50 percent.

(e)

Building height.

Maximum height of 50 feet.

Sec. 78-92. - OS Office and Service Business District.

(1)

Purpose. The OS Office and Service District is intended to provide for individual or group office and special service uses where the office activity would be compatible with surrounding uses.

(2)

General requirements.

(a)

(b)

(3)

Permitted uses.

(a)

Professional offices and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.

(b)

(c)

Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.

(4)

Permitted accessory uses.

(a)

Garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(b)

Satellite dishes.

(5)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(a)

Commercial child day care facilities.

(b)

Studios for photography, painting, music, sculpture, dance or other recognized fine art.

(c)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(d)

Research and development facilities.

(e)

Light assembly and/or warehouse if accessory to the principal use.

(f)

Specialty retail uses.

(g)

Greenhouses.

(h)

Mini-warehouses.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 12,000 square feet per lot.

Minimum lot width of 75 feet.

(b)

Lot coverage/open space.

Not more than 80 percent of the lot shall be covered by buildings, structures or pavement. Open space configuration and distribution shall be subject to specific plan commission approval.

(c)

Building location.

Setback minimum of 25 feet from base setback line (i.e., road right-of-way).

Side yard—Minimum of ten feet from side lot lines.

Rear yard—Minimum of ten feet from rear lot line. (If, however, adjoining property is zoned residential, no commercial building or structure shall be placed closer than 20 feet to the adjoining residentially zoned lot line.)

(d)

Building size.

Maximum floor area ratio of 50 percent.

(e)

Building height.

Maximum height of 35 feet.

Sec. 78-93. - I Institutional and Public Service District.

(1)

Purpose. The I Institutional and Public Service District is intended to provide, where appropriate, specifically defined areas where public or institutional uses may be permitted. Such uses may be subject to regulatory standards as necessary to insure compatibility with surrounding areas.

(2)

General requirements.

(a)

(b)

(3)

Permitted uses. Permitted uses shall include, but not necessarily be limited to the following:

(a)

Public or private schools, colleges and universities.

(b)

Churches, temples and other religious institutions.

(c)

Public libraries.

(d)

Public governmental offices and public service buildings, including fire and police stations.

(e)

Public utility offices.

(f)

Child day care facilities.

(4)

Permitted accessory uses.

(a)

Garages for storage of vehicles and/or equipment used in conjunction with the operation of a permitted use.

(b)

Residential quarters for the owner, proprietor, caretakers or clergy may be located in the same building as the permitted use.

(c)

Satellite dishes in excess of 18 inches in diameter shall be located to the side or rear of a principal structure.

(5)

Conditional uses. Conditional uses shall include, but not necessarily be limited to, the following:

(a)

Mausoleums, cemeteries and crematoriums.

(b)

Concert halls.

(c)

Public utility installations provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(d)

Private lodges and clubs.

(e)

Public and private noncommercial group outdoor recreational facilities.

(f)

Bar, restaurant or other service facilities accessory to an approved use and intended solely for use by members and guests or intended to be open for use by the general public.

(g)

Funeral homes.

(h)

Sanitary landfill operations.

(i)

Hospitals, nursing and rest homes, and homes for the elderly.

(j)

Telecommunications towers, antennas, and related facilities and flagpoles.

(6)

Area requirements.

(a)

Lot size.

No minimum lot size.

Minimum lot width 100 feet.

(b)

Lot coverage/open space. Not more than 80 percent of the lot shall be covered by buildings, structures or pavement. Open space configuration and distribution shall be subject to specific plan commission approval.

(c)

Building location.

Setback minimum of 25 feet from base setback line (i.e., road right-of-way).

Side yard—Minimum of 20 feet from side lot lines.

Rear yard—Minimum of 20 feet from rear lot line. (If, however, adjoining property is zoned residential, no commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.

(d)

Building size.

Maximum floor area ratio of 50 percent.

(e)

Building height.

Maximum height of 42 feet.

(Ord. of 10-13-03, § 2)

Sec. 78-94. - Q Quarrying District.

(1)

Purpose. The Quarrying District is intended to provide for the conduct of quarries or other mineral extractive and related operations, generally of onsite materials, and for the proper restoration of the quarried areas. This district provides for the restoration of quarries and mineral extractive areas in a manner that will not deteriorate the natural environment. This district is intended to be utilized in existing and planned quarry and extractive use areas.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(a)

Quarry. An open excavation where the works are visible at the surface and a place where stone, slate, marble, etc., is dug out or separated from a mass of rock.

(b)

Sand or gravel pit. An excavation where sand or gravel is moved from an open excavation visible at the surface.

(3)

Permitted uses. Permitted uses in a Q Quarrying District are as follows:

(a)

None.

(4)

Restrictions. No person engaged in quarrying stone, slate, sand or gravel, or commercial excavating in any nature in a Q Quarrying District shall excavate closer than 500 feet to the lot or boundary line of any nonquarrying property, and such setback shall also apply to any street or highway within the village.

Exception. Any C-1 Conservancy district property located between a Q-Quarry district property and the boundary line of any non-quarry district property may be counted in satisfying the 500-foot setback requirement described in subsection 78-94(4), provided the quarry operation does not intrude into the C-1 Conservancy district property.

(5)

Conditional uses. The following conditional uses may be permitted in a Q Quarrying District if approved by the village board at a regular or special meeting, and shall be subject to any conditions imposed by this approval. The village board may request a recommendation from the plan commission prior to making a decision, and may also request recommendations from the plumbing inspector, building inspector, county health department, and any other village official or outside agency the village board considers capable to aid in the decision. The village board may deny the petition if the use proposed does not satisfy the intent and purpose of this chapter. The offset requirements for permitted conditional uses shall apply to the following unless specifically increased or decreased by the village board:

(a)

Blasting, a method of loosening, moving or shattering mass of solid matter by use of explosive compounds to prepare stone for crushing may be permitted only on properties identified as of January 1, 1995, as Lannon Tax Key Numbers 68-991, 77-989, 77-990, 77-991.001, 77-993, and 68-984 and the following portion of Tax Key Number 78-478 as identified January 1, 1995:

All that part of the Northwest Quarter (NW¼) of Section 20, Town 8 North, Range 20 East, Village of Lannon, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the northeast corner of said Northwest Quarter (NW 1/4); thence south 00°08'18 west along the east line of said Northwest Quarter (NW 1/4) 960.60 feet to the place of beginning of the lands herein to be described; thence south 00°08'18" west 236.95 feet; thence north 46°00'33" west 328.32 feet; thence north 87°50'35" east 236.95 feet to the place of beginning. Containing 0.644 acres of land.

Along with the following portions of Tax Key Numbers 77-994 and 77-994.001 as identified January 1, 1995:

All that part of the Northeast Quarter (NE¼) of the Northeast Quarter (NE¼) of Section 20, Town 8 North, Range 20 East, Village of Lannon, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the northwest corner of the Northeast Quarter (NE¼) of Section 20; thence North 88°55'43" east along the north line of said Northeast Quarter (NE¼) 1301.425 feet to the place of beginning of the lands herein to be described; thence south 00°06'21" west 1324.52 feet; thence north 88°55'43" east 230.00 feet; thence north 00°06'21" east 1324.52 feet; thence south 88°55'43" west 230.00 feet to the place of beginning. Containing 6.992 acres of land.

And the following portion of Tax Key Number 77-993 as identified January 1, 1995:

All that part of the Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section 20, Town 8 North, Range 20 East, Village of Lannon, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the northwest corner of the Northeast Quarter (NE¼) of Section 20; thence North 88°55'43" east along the north line of said Northeast Quarter (NE¼) 1301.425 feet; thence south 00°06'21" west 1324.52 feet to the place of beginning of the lands herein to be described; thence south 00°06'21" west 460.00 feet; thence northeasterly 366.01 feet along the arc of a curve of radius 230.00 feet, center lies to the north, chord bears north 44°31'02" east 328.59 feet; thence north 00°06'21" east 230.00 feet; thence south 88°55'43" west 230.00 feet to the place of beginning. Containing 2.180 acres of land.

And the following portion of Tax Key Number LANV 0078-478 as identified June 13, 2005:

Being part of the East ½ of the Northwest ¼ of Section 20, Township 8 North, Range 20 East, in the Village of Lannon, Waukesha County, Wisconsin, more particularly described as follows:

Commencing at the southeast corner of said Northwest ¼; thence North 00°08'18" East, on and along the east line of said Northwest ¼, 619.12 feet to the point of beginning and the beginning of a 25-foot setback line for the Primary Environmental Corridor; thence South 75°44'21" West, on and along said 25-foot setback line, 56.90 feet; thence South 89°52'30" West, on and along said 25-foot setback line, 41.74 feet; thence South 72°35'46" West, on and along said 25-foot setback line, 65.35 feet; thence South 2731'01" West, on and along said 25-foot setback line, 39.12 feet; thence South 10°56'00" West, on and along said 25-foot setback line, 43.82 feet; thence North 72°50'56" West, on and along said 25-foot setback line, 9.50 feet; thence South 64°54'08" West, on and along said 25-foot setback line, 33.43 feet to the 500-foot property setback line; thence South 89°03'03" West, on and along said 500-foot setback line, 93.00 feet to said 25-foot setback line; thence North 81°57'10" West, on and along said 25-foot setback line, 10.33 feet; thence South 71°40'16" West, on and along said 25-foot setback line, 5.41 feet to the said 500-foot setback line; thence South 89°03'03" West, on and along said 500-foot setback line, 310.78 feet to said 25-foot setback line; thence North 72°11'16" West, on and along said 25-foot setback line, 19.86 feet; thence North 34°10'00" West, on and along said 25-foot setback line, 6.53 feet; thence North 19°46'57" West, on and along said 25-foot setback line, 48.57 feet; thence North 22°03'24" West, on and along said 25-foot setback line, 60.12 feet; thence North 47°37'38" West, on and along said 25-foot setback line, 33.78 feet; thence North 20°45'51" West, on and along said 25-foot setback line, 57.23 feet; thence North 62°32'23" West, on and along said 25-foot setback line, 51.16 feet; thence North 15°44'19" West, on and along said 25-foot setback line, 26.61 feet; thence North 04°56'42" West, on and along said 25-foot setback line, 54.97 feet to said 500-foot setback line; thence North 00°19'36" East, on and along said 25-foot setback line, 83.69 feet to said 25-foot setback line; thence North 11°46'19" East, on and along said 25-foot setback line, 9.40 feet; thence North 29°08'01" West, on and along said 25-foot setback line, 3.79 feet to said 500-foot setback line; thence North 00°19'36" East, on and along said 500-foot setback line, 27.10 feet to said 25-foot setback line; thence North 49°05'59" East, on and along said 25-foot setback line, 32.40 feet; thence North 34°06'20" West, on and along said 25-foot setback line, 43.10 feet to said 500-foot setback line; thence North 00°19'36" East, on and along said 500-foot setback line, 4.40 feet to said 25-foot setback line; thence North 33°32'28" East, on and along said 25-foot setback line, 34.22 feet; thence North 02°57'18" West, on and along said 25-foot setback line, 39.78 feet; thence North 04°29'00" East, on and along said 25-foot setback line, 70.94 feet; thence North 27°26'03" West, on and along said 25-foot setback line, 46.39 feet to said 500-foot setback line; thence North 00°19'36" East, on and along said 500-foot setback line, 513.15 feet; thence North 87°50'58" East, 806.42 feet to the east line of said Northwest ¼; thence South 00°08'18" West, on and along said east line, 1071.63 feet to the point of beginning.

Containing 911,368 square feet (20.92 acres), more or less.

And Tax Key Number 78-500 as identified January 1, 1995.

(b)

Manufacturing processes as determined by the village board.

(c)

Ordinary quarrying uses including sand and gravel pit operations.

The village board may permit the operation of a rock crusher within any quarry, provided the location and plan of operation are approved. The village board may terminate the permit for any rock crusher, following a public hearing, if this action is necessary to protect the public interest.

(Ord. of 12-13-00, § 1; Ord. of 8-8-05, § 1, 2)

Sec. 78-95. - FP Floodplain Zoning District.

(1)

General provisions.

(a)

Statutory authorization. This section is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23, for villages, and the requirements in Wis. Stats. § 87.30.

(b)

Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

(c)

Statement of purpose. This section is intended to regulate floodplain development to:

Protect life, health and property;

Minimize expenditures of public funds for flood control projects;

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

Minimize business interruptions and other economic disruptions;

Minimize damage to public facilities in the floodplain;

Minimize the occurrence of future flood blight areas in the floodplain;

Discourage the victimization of unwary land and homebuyers;

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(d)

Title. This section shall be known as the Floodplain Zoning Ordinance for the Village of Lannon, Wisconsin.

(e)

General regulations.

Areas to be regulated. This section regulates all areas that would be covered by the regional flood or base flood.

Official maps and revisions. The boundaries of all floodplain districts are designated as floodplains or A-Zones on the maps listed below and the revisions in the Village of Lannon Floodplain Appendix.

Any change to the base flood elevations (BFE) in the flood insurance study (FIS) or on the flood insurance rate map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective.

No changes to regional flood elevations (RFE's) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the village clerk, Village of Lannon. If more than one map or revision is referenced, the most restrictive information shall apply.

Flood Insurance Rate Map (FIRM), panel number 55133C0091F, 55133C0092F, 55133C0093F, and 55133C0094F, dated November 19, 2008; with corresponding profiles that are based on the Waukesha County Flood Insurance Study (FIS) dated November 19, 2008, Volumes 55133CV001A - 003A;

Establishment of districts. The regional floodplain areas are divided into three districts as follows:

The Floodway Overlay District (FWO) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.

The Floodfringe Overlay District (FFO) is that portion of the floodplain between the regional flood limits and the floodway.

The Floodplain Conservancy Overlay District (FCO) is intended to preserve in essentially open space and natural uses lands which are unsuitable for intensive urban development purposes due to poor natural soil conditions and periodic flood inundations.

Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsections a. or b. below. If a significant difference exists, the map shall be amended according to subsection 78-95(8). The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to subsection (7)(d) using the criteria in a. and b. below.

If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the department.

Removal of lands from floodplain. Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant subsection 78-95(8). To remove flood insurance requirements, FEMA must first revise the flood insurance rate map or issue a letter of map amendment or revision.

Compliance. Any development or use within the areas regulated by this section shall be in compliance with the terms of this section, and other applicable local, state, and federal regulations.

Municipalities and state agencies regulated. Unless specifically exempted by law the Village of Lannon is required to comply with this section and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022, applies.

Abrogation and greater restrictions.

This section supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 59.69, 59.692 or 59.694 for counties; Wis. Stats. § 62.23 for cities; Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30, which relate to floodplains. If another ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this section imposes greater restrictions, the provisions of this section shall prevail.

Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this section, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

10.

Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This section does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this section create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this section.

11.

Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.

12.

Annexed areas for cities and villages. The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the village for all annexed areas until the village adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the village's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.

13.

General development standards. The Village of Lannon shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this section.

(2)

General standards applicable to all floodplain districts.

(a)

Hydraulic and hydrologic analyses.

Except as allowed in subsection 3. below, no floodplain development shall:

Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, increasing regional flood height; or

Increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.01 foot.

The building inspector shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of subsection 3. are met.

Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this section, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with subsection 78-95(8).

(b)

Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.

(c)

Development permits. Development which requires a permit from the department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFE's established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to subsection 78-95(8).

(d)

Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

The campground is approved by the department of health and family services.

A land use permit for the campground is issued by the zoning administrator.

The character of the river system and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants.

There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation.

This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in paragraph 4, to remain in compliance with all applicable regulations, including those of the state department of health and family services and all other applicable regulations.

Only camping units are allowed.

The camping units may not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.

All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.

The village shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.

10.

All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either subsection 78-95(3) or (4) for the floodplain district in which the structure is located.

11.

The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.

12.

All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

(3)

Floodway Overlay District (FWO).

(a)

Applicability. This section applies to all floodway areas on the floodplain zoning maps.

(b)

Permitted uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if

—They are not prohibited by any other ordinance;

—They meet the standards in subsections 78-95(3)(c) and 78-95(3)(d); and

—All permits or certificates have been issued according to subsection 78-95(7)(b)2.

Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of subsection 78-95(3)(c)4.

Uses or structures accessory to open space uses, or classified as historic structures that comply with subsections 78-95(3)(c) and 78-95(3)(d).

Extraction of sand, gravel or other materials that comply with subsections 78-95(3)(c)4.

Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.

Public utilities, streets and bridges that comply with this section.

(c)

Standards for developments in floodway areas.

General.

Any development in floodway areas shall comply with subsection 78-95(2) of this section and have a low flood damage potential.

Applicants shall provide the following data to determine the effects of the proposal according to subsection 78-95(2):

A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

ii.

An analysis calculating the effects of this proposal on regional flood height.

The building inspector shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for subsection b. above.

Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

The structure is not designed for human habitation and does not have a high flood damage potential.

It must be anchored to resist flotation, collapse, and lateral movement;

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

Public utilities, streets, and bridges. Public utilities, streets and bridges may be allowed by permit, if:

Adequate floodproofing measures are provided to the flood protection elevation; and

Construction meets the development standards of subsection 78-95(2)(a).

Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

The requirements of subsection 78-95(2)(a) are met;

No material is deposited in the navigable channel unless a permit is issued by the department pursuant to Wis. Stats. ch. 30, and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met;

(i)

The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

(ii)

The fill is not classified as a solid or hazardous material.

(d)

Prohibited uses. All uses not listed as permitted uses in subsection 78-95(3)(b) are prohibited, including the following uses:

Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and ch. COMM 83, Wis. Adm. Code;

Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;

Any solid or hazardous waste disposal sites;

Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code;

Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

(4)

Floodplain Fringe Overlay District (FFO).

(a)

Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps.

(b)

Permitted uses. Any structure, land use, or development is allowed in the floodfringe district if the standards in subsection 78-95(4)(c) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in subsection 78-95(7)(b)2. have been issued.

(c)

Standards for development in floodfringe areas. Subsection 78-95(2)(a) shall apply in addition to the following requirements according to the use requested.

Residential uses. Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards;

The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;

The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;

Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subsection d.

In developments where existing street or sewer line elevations make compliance with subsection c. impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:

The village has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

ii.

The village has a natural disaster plan approved by Wisconsin Emergency Management and the department.

Accessory structures or uses.

Except as provided in subsection b., an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the regional flood elevation.

An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000.00 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of subsections 78-95(3)(c)2.a. through d. and 78-95(4)(c)5. below.

Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of subsection 78-95(4)(c)1. Subject to the requirements of subsection 78-95(4)(c)5., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall be protected to the flood protection elevation using fill, levees, floodwalls, or other floodproofing measures in subsection 78-95(7)(f). Subject to the requirements of subsection 78-95(4)(c)5. storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with subsection 78-95(7)(f). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

Public utilities, streets, and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and

When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with subsection 78-95(7)(f) to the flood protection elevation;

Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

Sewage systems. All on-site sewage disposal systems shall be floodproofed, pursuant to subsection 78-95(7)(f), to the flood protection elevation and shall meet the provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.

Wells. All wells shall be floodproofed, pursuant to subsection 78-95(7)(f) to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.

Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

10.

Deposition of materials. Any deposited material must meet all the provisions of this subsection.

11.

Manufactured homes.

Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

Have the lowest floor elevated to the flood protection elevation; and

ii.

Be anchored so they do not float, collapse or move laterally during a flood.

Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in subsection 78-95(4)(c)1.

12.

Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in subsection 78-95(c)(11)b. and c. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(5)

Floodplain Conservancy Overlay District (FCO).

(a)

Applicability. The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available. The FCO district is intended to preserve in essentially open space and natural uses lands which are unsuitable for intensive urban development purposes due to poor natural soil conditions and periodic flood inundations.

(b)

Permitted uses. Pursuant to subsection 78-95(5)(d) it shall be determined whether the proposed use is located within a floodway or floodfringe area.

Those uses permitted in floodway (subsection 78-95(3)) and floodfringe areas (subsection 78-95(4)) are allowed within the Floodplain Conservancy Overlay District, according to the standards of subsection 78-95(5)(c), provided that all permits or certificates required under subsection 78-95(7)(b)2. have been issued.

(c)

Standards for development in the floodplain conservancy overlay district. Subsection 78-95(3) applies to floodway areas, subsection 78-95(4) applies to floodfringe areas. The rest of this section applies to either district.

(d)

Determining floodway and floodfringe limits. Upon receiving an application for development within the general floodplain district, the building inspector shall:

Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures;

Require the applicant to furnish any of the following information deemed necessary by the department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

A typical valley cross-section showing the stream channel, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information;

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;

Profile showing the slope of the bottom of the channel or flow line of the stream;

Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

Transmit one copy of the information described in subsections 1. and 2. to the department regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of subsection 78-95(7)(b)2.c. apply, the applicant shall provide all required information and computations to delineate floodway boundaries and the effects of the project on flood elevations.

(6)

Nonconforming uses.

(a)

General.

Applicability. If these standards conform with Wis. Stats. § 59.69(10), for counties or Wis. Stats. § 62.23(7)(h), for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this section or any amendment thereto.

Nothing in this article shall be construed to abrogate the requirements for nonconforming uses, structures, and lots set forth in Section 78 of the Village of Lannon Code of Ordinances.

The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this section may continue subject to the following conditions:

No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this section. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure.

For purpose of this article, the construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this section and all municipal ordinances;

The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with subsection 78-95(4)(c). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this subsection;

Except as otherwise provided by statute or ordinance, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.

For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder.

A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with subsection 78-95(3)(c)1., flood-resistant materials are used, and construction practices and floodproofing methods that comply with subsection 78-95(7)(f) are used.

(b)

Floodway areas.

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:

Has been granted a permit or variance which meets all ordinance requirements;

Meets the requirements of subsection 78-95(6);

Will not increase the obstruction to flood flows or regional flood height;

Any addition to the existing structure shall be floodproofed, pursuant to subsection 78-95(7)(f), by means other than the use of fill, to the flood protection elevation;

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

ii.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

iii.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

iv.

The use must be limited to parking or limited storage.

No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances and ch. COMM 83, Wis. Adm. Code.

No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.

(c)

Floodfringe areas.

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in subsection 78-95(4)(c), except where subsection 78-95(8)(b) is applicable.

Where compliance with the provisions of subsection 1. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of adjustment/appeals, using the procedures established in subsection 78-95(7), may grant a variance from those provisions of subsection 1. for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

No floor is allowed below the regional flood elevation for residential or commercial structures;

Human lives are not endangered;

Public facilities, such as water or sewer, will not be installed;

Flood depths will not exceed two feet;

Flood velocities will not exceed two feet per second; and

The structure will not be used for storage of materials as described in section 78-95.

If neither the provisions of subsections 1. or 2. above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition:

Meets all other regulations and will be granted by permit or variance;

Does not exceed 60 square feet in area; and

In combination with other previous modifications or additions to the building, does not equal or exceed 50 percent of the present equalized assessed value of the building.

All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.

All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this section and ch. NR 811 and NR 812, Wis. Adm. Code.

(7)

Administration.

(a)

Purpose. Where a zoning administrator, plan commission, or a board of appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69, 59.692 or 62.23(7), these officials shall also administer this section.

(b)

Zoning administrator.

The zoning administrator is authorized to administer this section and shall have the following duties and powers:

Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

Issue permits and inspect properties for compliance with provisions of this section, and issue certificates of compliance where appropriate.

Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred.

Keep records of all official actions such as:

All permits issued, inspections made, and work approved;

ii.

Documentation of certified lowest floor and regional flood elevations for floodplain development;

iii.

Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

iv.

All substantial damage assessment reports for floodplain structures.

Submit copies of the following items to the department regional office:

Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;

ii.

Copies of any case-by-case analyses, and any other information required by the department including an annual summary of the number and types of floodplain zoning actions taken.

iii.

Copies of substantial damage assessments performed and all related correspondence concerning the assessments.

Investigate, prepare reports, and report violations of this section to the Lannon Plan Commission and Village Attorney for prosecution. Copies of the reports shall also be sent to the department Regional office.

Submit copies of text and map amendments and biennial reports to the FEMA Regional office.

Land use permit. A land use permit shall be obtained before any new development or any structural repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:

General information.

Name and address of the applicant, property owner and contractor;

ii.

Legal description, proposed use, and whether it is new construction or a modification;

Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

Location, dimensions, area and elevation of the lot;

ii.

Location of the ordinary highwater mark of any abutting navigable waterways;

iii.

Location of any structures with distances measured from the lot lines and street center lines;

iv.

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

Location and elevation of existing or future access roads;

vi.

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

vii.

The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study—either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

viii.

Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Divisions 3 and 4 are met; and

ix.

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to subsection 78-95(2)(a). This may include any of the information noted in subsection 78-95(3)(c)1.

Data requirements to analyze developments. The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivision proposals, as "subdivision" is defined in Wis. Stats. § 236, and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000.00. The applicant shall provide:

An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;

ii.

A map showing location and details of vehicular access to lands outside the floodplain; and

iii.

A surface drainage plan showing how flood damage will be minimized.

The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs.

Expiration. All permits issued under the authority of this section shall expire 180 days after issuance. The village board may, in its discretion, and for cause shown, extend the expiration date for up to an additional 180 days.

Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this section;

Application for such certificate shall be concurrent with the application for a permit;

If all ordinance provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;

The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of subsection 78-95(7)(f).

Other permits. The applicant must secure all necessary permits from federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.

(c)

Designation of zoning agency.

The plan commission shall:

Oversee the functions of the office of the zoning administrator; and

Review and advise the governing body on all proposed amendments to this section, maps and text.

The plan commission shall not:

Grant variances to the terms of the ordinance in place of action by the board of appeals; or

Amend the text or zoning maps in place of official action by the governing body.

(d)

Board of appeals. The board of appeals, created under Wis. Stats. § 62.23(7)(e), for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this section. The board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator may not be the secretary of the board.

Powers and duties. The board of appeals shall:

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

Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.

Variances. Hear and decide, upon appeal, variances from the ordinance standards.

Appeals to the board.

Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.

Notice and hearing for appeals including variances.

Notice. The board shall:

Fix a reasonable time for the hearing;

Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing;

Assure that notice shall be mailed to the parties in interest and the department regional office at least ten days in advance of the hearing.

ii.

Hearing. Any party may appear in person or by agent. The board shall:

Resolve boundary disputes according to subsection 78-95(7)(d)3.

Decide variance applications according to subsection 78-95(7)(d)4.

Decide appeals of permit denials according to subsection 78-95(7)(e).

Decision: The final decision regarding the appeal or variance application shall:

Be made within a reasonable time;

ii.

Be sent to the department regional office within ten days of the decision;

iii.

Be a written determination signed by the chairman or secretary of the board;

iv.

State the specific facts which are the basis for the board's decision;

Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application;

vi.

Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the board proceedings.

Boundary disputes. The following procedure shall be used by the board in hearing disputes concerning floodplain district boundaries:

If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.

In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the board.

If the boundary is incorrectly mapped, the board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Division 8.

Variance.

The board may, upon appeal, grant a variance from the standards of this section if an applicant convincingly demonstrates that:

Literal enforcement of the ordinance provisions will cause unnecessary hardship;

ii.

The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;

iii.

The variance is not contrary to the public interest; and

iv.

The variance is consistent with the purpose of this section in subsection 78-95(1)(c).

In addition to the criteria in subsection a. [above], to qualify for a variance under FEMA regulations, the following criteria must be met:

The variance may not cause any increase in the regional flood elevation;

ii.

Variances can only be granted for lots that are less than one-half-acre and are contiguous to existing structures constructed below the RFE;

iii.

Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance.

A variance shall not:

Grant, extend or increase any use prohibited in the zoning district.

ii.

Be granted for a hardship based solely on an economic gain or loss.

iii.

Be granted for a hardship which is self-created.

iv.

Damage the rights or property values of other persons in the area.

Allow actions without the amendments to this section or map(s) required in subsection 78-95(8).

vi.

Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

When a floodplain variance is granted the board shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy shall be maintained with the variance record.

(e)

To review appeals of permit denials.

The zoning agency or board shall review all data related to the appeal. This may include:

Permit application data listed in subsection 78-95(7)(b)2.

Floodway/floodfringe determination data in subsection 78-95(5)(d).

Data listed in subsection 78-95(3)(c)1.b. where the applicant has not submitted this information to the zoning administrator.

Other data submitted with the application, or submitted to the board with the appeal.

For appeals of all denied permits the board shall:

Follow the procedures of subsection 78-95(7)(d);

Consider zoning agency recommendations; and

Either uphold the denial or grant the appeal.

For appeals concerning increases in regional flood elevation the board shall:

Uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners.

Grant the appeal where the board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot provided no other reasons for denial exist.

(f)

Floodproofing.

No permit or variance shall be issued until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation.

Floodproofing measures shall be designed to:

Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

Protect structures to the flood protection elevation;

Anchor structures to foundations to resist flotation and lateral movement; and

Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.

Floodproofing measures could include:

Reinforcing walls and floors to resist rupture or collapse caused by water pressure.

Adding mass or weight to prevent flotation.

Placing essential utilities above the flood protection elevation.

Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures.

Constructing water supply wells and waste treatment systems to prevent the entry of floodwaters.

Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

(g)

Public information.

Place marks on structures to show the depth of inundation during the regional flood.

All maps, engineering data and regulations shall be available and widely distributed.

All real estate transfers should show what floodplain zoning district any real property is in.

(8)

Amendments.

(a)

General. The governing body may change or supplement the floodplain zoning district boundaries and this section in the manner provided by law. Actions which require an amendment include, but are not limited to, the following:

Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area.

Correction of discrepancies between the water surface profiles and floodplain zoning maps.

Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.

Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more.

Any upgrade to a floodplain zoning ordinance text required by Wis. Adm. Code § NR 116.05 or otherwise required by law, or for changes by the municipality.

All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(b)

Amendment procedures. Ordinance amendments may be made upon petition of any interested party according to the provisions of Wis. Stats. § 62.23. Such petitions shall include all necessary data required by subsections 78-95(5)(d) and 78-95(7)(b)2.

The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23.

No amendments shall become effective until reviewed and approved by the department.

All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the department, the zoning administrator's visual on-site inspections and other available information.

(9)

Enforcement and penalties. Any violation of the provisions of this section by any person shall be unlawful and shall be referred to the village attorney who shall expeditiously prosecute all such violators. Any person who shall violate any provision of this article or any rule or regulation made under this article shall be subject to a penalty as provided in section 1-14 of this Code. Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.

(10)

Definitions. Unless specifically defined, words and phrases in this section shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. Definitions enumerated below shall apply only to such terms used in this section and shall not apply to any other chapter reference within the Village Code of Ordinances.

A Zones. Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Accessory structure or use. A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.

Base flood. Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

Base flood elevation. Means the height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the flood insurance study report, or average depth of the base flood, usually in feet, above the ground subsurface.

Basement. Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.

Building. See Structure.

Bulkhead line. A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this section.

Campground. Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

Camping unit. Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle.

Certificate of compliance. A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this section.

Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Crawlways. or crawl space. An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

Deck. An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

Department. The Wisconsin Department of Natural Resources.

Development. Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Dryland access. A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

Encroachment. Any fill, structure, equipment, building, use or development in the floodway.

Existing manufactured home park or subdivision. A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this section. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads

Expansion to existing mobile/manufactured home park. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.

Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program.

Flood insurance rate map (FIRM). A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

The overflow or rise of inland waters,

The rapid accumulation or runoff of surface waters from any source,

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency. The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.

Floodfringe. That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

Flood hazard boundary map. A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.

Flood insurance study. A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Floodplain. Land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.

Floodplain island. A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodplain management. Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

Flood profile. A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Floodproofing. Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Flood protection elevation. An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: Freeboard.)

Flood storage. Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

Floodway. The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Freeboard. A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

Habitable structure. Any structure or portion thereof used or designed for human habitation.

Hearing notice. Publication or posting meeting the requirements of Wis. Stats. Ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.

High flood damage potential. Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

Historic structure. Any structure that is either:

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register,

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district,

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

Increase in regional flood height. A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

Land use. Any nonstructural use made of unimproved or improved real estate. (Also see Development.)

Manufactured home. A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."

Mobile recreational vehicle. A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."

Municipality or municipal. The county, city or village governmental units enacting, administering and enforcing this zoning ordinance.

NAVD or North American Vertical Datum. Elevations referenced to mean sea level datum, 1988 adjustment.

NGVD or National Geodetic Vertical Datum. Elevations referenced to mean sea level datum, 1929 adjustment.

New construction. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

Nonconforming structure. An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this section for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)

Nonconforming use. An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this section for the area of the floodplain which it occupies. (Such as a residence in the floodway.)

Obstruction to flow. Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

Official floodplain zoning map. That map, adopted and made part of this section, as described in s. 1.5(2), which has been approved by the department and FEMA.

Open space use. Those uses having a relatively low flood damage potential and not involving structures.

Ordinary highwater mark. The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Person. An individual, or group of individuals, corporation, partnership, association, municipality or state agency.

Private sewage system. A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the department of commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Public utilities. Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

Reasonably safe from flooding. Means base floodwaters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Regional flood. A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

Subdivision. Has the meaning given in Wis. Stats. § 236.02(12).

Substantial damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

Unnecessary hardship. Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.

Variance. An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.

Violation. The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Watershed. The entire region contributing runoff or surface water to a watercourse or body of water.

Water surface profile. A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Well. Means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(Ord. of 12-9-02, § 1; Ord. of 2-9-09, § 1)

Sec. 78-96. - C-1 Shoreland Wetlands District.

(1)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Boathouse means as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Class 2 public notice means publication of a public hearing notice under Wis. Stats. ch. 985 in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

Conditional use means a use which is permitted by this article, provided that certain conditions specified in this article are met and that a permit is granted by the board of appeals or, where appropriate, the planning agency designated by the municipal governing body.

Department means the state department of natural resources.

Development means any manmade change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Fixed houseboat means as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the state portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 61.351 or 62.231, and chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:

Such lands are not adjacent to a natural navigable stream or river;

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

Such lands are maintained in nonstructural agricultural use.

"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high-water is navigable, in fact, under the laws of this state though it may be dry during other seasons."

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Planning agency means the municipal plan commission created under Wis. Stats. § 62.23(1), a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.

Shoreland-wetland district means the zoning district, created in this article, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this article.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this article.

Variance means an authorization granted by the board of appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this article.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Cross reference— Definitions generally, § 1-2.

(2)

Statutory authorization of article. This article is adopted pursuant to Wis. Stats. § 61.351 in compliance with the requirements of Wis. Stats. §§ 61.35, 61.351 and 87.30 to implement Wis. Stats. §§ 61.351 and 144.26.

(3)

Finding of fact and purpose of article. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state legislature has delegated responsibility to all municipalities to:

(a)

Promote the public health, safety, convenience and general welfare;

(b)

Maintain the stormwater 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 and controlling shoreland-wetland excavation, filling and other earth-moving activities.

(4)

Compliance with article. The use of wetlands and the alteration of wetlands within the shoreland area of the village shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. (However, see section 78-53, for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this article.

(5)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation are exempt when Wis. Stats. § 30.12(4)(a) applies.

(6)

Abrogation and greater restrictions.

(a)

This article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 61.35, 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(b)

This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

(7)

Interpretation of article. In their interpretation and application, the provisions of this article 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 state statutes. Where a provision of this article 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 September 11, 1995 or in effect on the date of the most recent text amendment to this article.

(8)

Annexed areas. The 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, unless any of the changes as allowed by Wis. Stats. § 59.971(7)(a)(1—3) occurs. These annexed lands are described on the municipality's official zoning map. The county shoreland zoning provisions are incorporated by reference for the purpose of administering this article and are on file in the office of the village zoning administrator.

(9)

Enforcement; penalty for violation of article. 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 article in violation of the provisions of the ordinance from which this article derived, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator or any member of the Village of Lannon Police Department under the direction of the chief of police shall refer violations to the plan commission and/or the municipal attorney who shall prosecute such violations. Any person who violates or refuses to comply with any of the provisions of this article shall be subject to a forfeiture of not less than $100.00 nor more than $500.00 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this article 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 Wis. Stats. § 87.30(2).

(10)

Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this article and are on file in the office of the village clerk.

(a)

State wetland inventory maps stamped "final" on April 4, 1990.

(b)

Floodplain zoning maps titled "Floodboundary and Floodway Maps", dated December 12, 1982, and the flood insurance study and corresponding profiles dated June 1, 1982.

(c)

United States Geological Survey map titled Sussex Quadrangle (most recent revision).

(11)

District boundaries.

(a)

Inclusions. 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 article and which are:

Within 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 article.

Within 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 article. Floodplain zoning maps adopted in section 78-96(10) shall be used to determine the extent of floodplain areas.

(b)

Determinations of navigability and ordinary high-water mark locations. 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 or the department for a final determination of navigability or ordinary high-water mark.

(c)

Apparent discrepancies; corrections. 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 subsections (d) or (e) of this section, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.

(d)

Filled wetlands. Wetlands which are filled prior to April 4, 1990, the date on which the municipality 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 article.

(e)

Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stats § 30.11, are not subject to this article.

(12)

Permitted uses. The following uses are permitted in the shoreland-wetland zoning district subject to the provisions of Wis. Stats. chs. 30 and 31 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:

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

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;

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

The pasturing of livestock;

The cultivation of agricultural crops; and

The construction and maintenance of duck blinds.

(b)

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

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 silvicultural activities if not corrected;

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

The maintenance and repair of existing drainage systems to restore preexisting 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 spoil is placed on existing spoil banks where possible;

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

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;

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 78-96(3); and

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 in this subsection:

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 section, provided that:

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

The road is designed and constructed to minimum adverse impacts upon the natural functions of the wetland listed in section 78-96(3);

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

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

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

The construction and maintenance of nonresidential buildings provided that:

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

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

The building does not exceed 500 square feet in floor area; and

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

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:

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

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;

The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in subsection (3)a of this section; and

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.

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:

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

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

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 78-96(3).

(13)

Prohibited uses. Any use not listed in section 78-96(12) is prohibited in the shoreland-wetland zoning district, unless the wetland or a portion of the wetland has been rezoned by amendment of this article in accordance with section 78-126. 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.

(14)

Nonconforming structures and uses.

(a)

Lawful use. The lawful use of a building, structure or property in the shoreland-wetland zoning district which existing at the time this article, or an applicable amendment to this article, took effect and which is not in conformity with the provisions of this article, including the routine maintenance of such a building or structure, may be continued, subject to the conditions as described below.

(b)

Repairs and alterations. The shoreland-wetland provisions of this article, authorized by Wis. Stats. § 61.351, 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 chapter from which this article derived. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h) which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.

(c)

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

(d)

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

(e)

Maintenance and repair. The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark or any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(f)

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

(Ord. of 12-9-02, § 1)

Sec. 78-97. - C-2 General Conservancy District.

(1)

[Purpose.] The General Conservancy District is intended to conserve, protect and enhance areas of ponds, wetlands, woodlands, poor soils, steep slopes and drainageways which are not regulated under the Floodway District, Floodplain Fringe Overlay District and Shoreland Wetland/Conservancy District. The conservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve ground and surface water quality; reduce flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities and significant woodlands; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the village.

The commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability.

(2)

Permitted use.

(a)

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 and that does not involve filling, flooding, draining, dredging, ditching, tiling or excavating.

(b)

The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silviculture activities if not corrected.

(c)

Construction and maintenance of fences.

(d)

Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems and further provided they do not substantially disturb or impair the natural fauna, flora, topography or water regimen.

(e)

Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.

(f)

The construction and maintenance of piers, docks and walkways, including those built on pilings.

(g)

The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(3)

Conditional uses.

(a)

Single-family detached residential development may be allowed at a maximum density of one unit per five acres of land. Structural footings shall be located a minimum of one foot above the water table.

(b)

The construction of streets which are necessary for the village street system, necessary for the provision of essential utility and public safety services or necessary to provide access to permitted open space uses provided that:

The street cannot, as a practical matter, be located outside a wetland; and

The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetlands and meets the following standards:

The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;

Street construction activities are to be carried out in the immediate area of the roadbed only; and

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the street.

(c)

The establishment and development of public and private parks and recreation area, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private habitat areas in the general Conservancy District, provided that:

Any private recreation or wildlife habitat area must be used exclusively for that purpose;

No filling is to be done; and

Ditching, excavating, dredging, dike and dam construction may be done in wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(d)

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines and related facilities in the General Conservancy District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members provided that:

The transmission and distribution lines and related facilities cannot as a practical matter be located outside a wetland;

Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural function of the wetlands.

(e)

The construction and maintenance of railroad lines in the General Conservancy District, provided that:

The railroad lines cannot as a practical matter be located outside a wetland; and

(f)

Stormwater management systems including drainage channels and swales, detention and retention ponds and associated stormwater management facilities provided that the village engineer has reviewed and approved a stormwater management plan for the proposed site. The stormwater management plan shall contain all information that the village engineer may need to determine runoff rates and volumes and their control. Such plans may include, as may be appropriate, profiles and cross sections, design assumptions and hydraulic design computations for proposed stormwater management facilities. The village engineer may impose time schedules for the completion of drainage facilities and may require appropriate sureties to guarantee that proposed facilities are constructed in accordance with approved plans and time schedules.

Sec. 78-98. - P-1 Park and Recreation District.

(1)

Purpose. The P-1, Park District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses.

(2)

General requirements.

(a)

(b)

(c)

(3)

Permitted uses. Amphitheaters, amusement parks, aquariums, boat rentals and boat access sites, botanical gardens and arboretums, forest preserves (wilderness areas), forest preserves (wildlife refuges), golf courses without country club facilities, group and organized camps, historic and monument sites, ice skating, miniature golf, museums, parks-general recreation, parks-leisure and ornamental, picnicking areas, planetaria, playfields or athletic fields, playgrounds, play lots or tot lots, recreation centers, swimming beaches, swimming pools, tennis courts and essential services.

(4)

Permitted accessory uses. The following subject to approval by the plan commission of building, site and operational plans:

Garages for storage of vehicles used in conjunction with the operation of the principal use, off-street parking, signs, and any other structure or use normally accessory to the principal uses permitted.

(5)

Conditional uses. Golf courses, golf driving ranges and music halls, provided that the lot area is not less than one acre and all structures are not less than 50 feet from any district boundary.

(6)

Area requirements.

(a)

Building location.

Setback—Minimum of 40 feet from front lot line, or as determined to be appropriate by the plan commission to promote traditional building location.

Offsets—Minimum of 40 feet from side and rear lot lines, or as determined to be appropriate by the plan commission to promote traditional building location.

(b)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-99. - PUD Planned Unit Development Overlay District.

(1)

Intent. The Planned Unit Development Overlay District ("PUD District") is intended to permit development, redevelopment and rehabilitation of property through use of coordinated site planning, diversification of location of structure location and/or types and/or through mixing of compatible allowed uses. The PUD District is intended to achieve high standards of planning and construction and allow for design flexibility while, at the same time, maintaining use requirements set forth in the underlying zoning district.

(2)

General provisions.

(a)

A petition for unified and planned development, redevelopment and/or rehabilitation of a site using a PUD District may encompass one or more individual lots or structures, together with allowed compatible uses and related accessory uses or structures (collectively, the "project") may be approved in accordance with this section.

(b)

The village may approve a specific petition for rezoning under this section after a public hearing when all regulations and standards, including but not limited to the approval, execution and recording of a development agreement as required in subsection (10), have been met.

(c)

All petitions for a zoning amendment establishing a PUD District shall be considered on a case-by-case basis by the plan commission, in making its recommendation, and by the village board.

(d)

The granting of a zoning amendment establishing a PUD District shall be discretionary.

(3)

Allowed uses.

(a)

Uses allowed in a PUD District are those uses expressly provided for as permitted, conditional and/or accessory uses in the underlying zoning district except with the RD Two-family Residence district.

(b)

More than one type of use may be allowed in a PUD District if the underlying zoning district allows such uses as permitted and/or conditional uses.

(4)

Dimensional requirements.

(a)

PUD Districts may, however, deviate from the requirements of the underlying zoning district with respect to maximum building height, yard areas, lot dimensions, setbacks and parking requirements.

(b)

The density of residential units allowed in the PUD District is subject to the provisions of subsection (6)(a).

(c)

PUD Districts authorized under this section shall not contain less than the following applicable minimum acreage for a single or combination of parcels:

Use	Minimum Acreage
Residential PUD in an ROP District	2
Residential PUD	3
Commercial PUD in an ROP District	3
Industrial PUD District	20
Mixed Compatible Use PUD District	3

(5)

Ownership and transfer requirements.

(a)

Areas zoned as PUD Districts may be under any form of ownership arrangement (including but not limited to the Wisconsin Condominium Ownership Act [Wis. Stats. Ch. 703, as amended from time to time]) provided the total completion of the project as reflected in the development agreement approved by the village board of trustees can be guaranteed.

(b)

No project or portion thereof, except a residential condominium unit therein, shall be transferred before full completion of the obligations within the development agreement without the prior written consent of the village board of trustees.

(c)

All requests for consent to transfer that are approved by the village board shall be conditioned upon the deposit of financial security in whatever form or amount deemed reasonably necessary by the village board of trustees.

(d)

Individually developed lots or improvements thereon may be transferred at any time after execution and recording of the development agreement if allowed by the terms of the development agreement.

(6)

Residential density calculations.

(a)

Determination of residential density. Only one of four possible levels of residential density shall be allowed in a specific PUD District:

The number of residential units allowed as a permitted use in the underlying zoning district; or

The number of residential units allowed in the RM Multiple-family Residence district, which can be less, but not more than, a maximum total density of 12 dwelling units per net acre; or

The number of residential units allowed in the NRD Two-family Residence district, which can be less, but no more than, a maximum total density of seven dwelling units per net acre; NO PUD zoning may be allowed in conjunction with the RD Two-family Residence district.

The number of residential units allowed may be an enhanced density in recognition of a project of exceptionally high overall quality in accordance with subsection (6)(c).

(b)

Density calculations involving residential use. Except as otherwise allowed by this subsection, residential unit density in all PUD Districts shall be calculated by considering all land encompassed within the proposed project area.

(c)

Enhanced density.

Notwithstanding dimensional differentials, an "enhanced density" for residential units may be recommended by the plan commission and may be granted as part of the original PUD District approval process if either of the following conditions are satisfied:

The proposed project uniformly contains exterior and interior materials, design details, workmanship and features of an exceptionally high quality, comparable to the highest quality tier of the village's then current housing stock or its best commercial office structure; or

At least 20 percent of the single-family residences in the proposed PUD project include an accessory dwelling unit as provided for by subsection (6)(d).

If granted, the enhanced density level of residential use shall be in lieu of any other possible residential density.

An enhanced density shall constitute a discretionary number of residential units that can be less than but not more than a maximum total of 22 residential units per net acre.

The following criteria shall be considered by the village board of trustees in determining whether to approve an enhanced density:

Whether the project will provide better utilization of the land and better preservation of natural resources than would otherwise be realized if the site were developed either in conformity with the density requirements of the underlying district or as a PUD District without an enhanced density;

Whether the project makes adequate provision such that an increase in residential density will not have an unreasonable adverse effect on neighboring properties, existing and/or proposed public rights-of-way and/or municipal and other public services as a result of the type, intensity and frequency of the use(s) associated with the proposed project;

Whether the structures proposed for the project are harmonious with existing surrounding structures and land uses;

Whether building materials have been selected and are proposed to be utilized in a manner that is harmonious with the natural environment and the general character of other buildings and structures in the vicinity of the proposed development;

Whether the proposed project will result in the construction or upgrading of specific public infrastructure improvements that will benefit the public without cost to the village;

Whether the proposed project will enhance an existing structure that is deemed beneficial to the character of the neighborhood where it is situated.

(d)

Accessory dwelling units.

Definition. For the purposes of this section, the term accessory dwelling unit shall mean one additional dwelling unit on a lot with a principal single-family dwelling that has an underlying zoning of NR-1 within a PUD District.

The accessory dwelling unit must be attached to the principal single-family dwelling.

Height, area, and design requirements.

Accessory dwelling units shall have a net floor area of not more than 640 square feet, including a kitchen and not more than one bedroom and one bathroom.

Accessory dwelling unit buildings shall not exceed the height of the principal single-family dwelling.

The roof, siding and windows of the accessory dwelling unit, shall be consistent with the roof slope, materials and design of the principal single-family dwelling.

Setbacks.

Building setbacks and floor area ratio restrictions are the same as those that apply to the principal single-family dwelling.

Total density calculation.

Each accessory dwelling unit shall count as a full residential unit regardless of its dimensions in determining the maximum total density of units per net acre.

Maximum percentage of accessory dwelling units.

No more than 20 percent of the dwelling units in a PUD Development may be accessory dwelling units.

(e)

Mixed compatible use PUD district. The residential density of a Mixed Compatible Use PUD District project shall take into account the amount of nonresidential use in the project as follows:

The average net interior square footage of all residential units ("ARU") upon completion of the project shall be calculated. This calculation shall not, however, include utility space, garage and areas, such as halls or other common areas, shared by all occupants.

The total interior square footage of all space devoted to nonresidential ("TNR") uses shall be calculated. This calculation shall not, however, include utility space, garage areas for customer and employee parking and, where different portions of a building are owned or rented by different entities, areas, such as halls and other common areas that are shared by more than one such entity.

TRU is the total number of residential units anticipated upon completion of the project.

Land size is the total size of the project in net acres.

The effective residential density ("ERD") shall be calculated according to the expression:

ERD = [TRU + (TNR/ARU)] ;div; land size. The effective residential density shall not be greater than the level of residential density allowed for a project in subsection 78-99(6)(a).

(7)

Procedural requirements.

(a)

Conceptual review.

Any party desiring to submit a petition for the establishment of a PUD District shall meet with the village plan commission for a conceptual review prior to the submission of the petition.

The plan commission's review may involve other village departments and professional consultants in the assessment of the feasibility and potential impact of the project on village infrastructure and resources as well as its conformity with the provisions of the village's zoning code.

The purpose of the conceptual review is solely for the purpose of allowing the exchange of informal observations about a possible project while facilitating the orientation of the members of the plan commission and the petitioner(s) of a potential project regarding issues that may have to be addressed in the event that a petition is filed.

All discussion about the proposed nature and scope of the contemplated project at the conceptual review by the plan commission members shall be nonbinding commentary and shall not, under any circumstance, vest any party with any right with respect to any development or project contemplated or discussed.

A request for a conceptual review shall be accompanied by the payment of the fee established by the village board from time to time.

(b)

Petition. Following completion of the conceptual review, all affected real estate owners within the proposed PUD District or their agents shall file a petition with the village clerk for rezoning of the property as a PUD District. Such petition shall be accompanied by the review fee established by the village board from time to time and by all of the following information:

A statement that describes the relationship of the proposed PUD District to the village's zoning code, adopted master plan (or any adopted component thereof), and describes in detail the uses requested to be included in the proposed PUD District, including the following information:

Total area to be included in the PUD District, area of open space, the proposed number of dwelling units, together with the proposed residential unit density and details of supporting calculations in accordance with this section 78-99, projected population analysis with details that support the assumptions used to calculate same, requirements for and availability of municipal or school district services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

A general summary of the estimated cost of constructing public and private structures and site-related improvements, landscaping and special features.

Details about the manner in which the owners will participate in the formulation and execution of the development agreement.

Details concerning the organizational structure of the property owners' or management association proposed to be established for the purpose of providing any necessary continuing private services, implementation of the development agreement or administration of the project.

Any proposed departures from the standards of development as set forth in the village zoning ordinances other village ordinances or applicable state or federal statutes or regulations.

A realistic development timetable, including all benchmark dates from commencement to completion of physical development of the proposed project.

A general development plan including:

A legal description of the boundaries of all property included in the proposed PUD District and its relationship to surrounding properties, including existing topography on the site with contours at no greater than two-foot intervals as part of an ALTA survey.

A detailed site plan for the entire PUD District showing:

The type, size, arrangement, including respective use(s) and location of any individual lots, building sites and proposed structures on each individual lot.

The location of open space areas and areas reserved or dedicated for private or public uses, including, but not limited to, easements and drainage ways.

Landscaping, exterior lighting and signage.

The location of public and private roads, driveways and parking facilities and the calculations used to justify the number of spaces proposed.

The existing and proposed location of public and private sanitary sewer and water supply facilities.

The existing and proposed location of all other public and private utilities or other easements.

Characteristics of soils related to contemplated specific uses.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

Architectural plans, elevation and perspective drawings and sketches illustrating the character and design of all proposed structures.

(c)

Referral to plan commission.

The petition for a Planned Unit Development Overlay District shall be referred to the village plan commission for its review and preliminary recommendation, including any additional conditions or restrictions that it may deem reasonably necessary or appropriate.

No final recommendation shall be rendered by the plan commission until after the holding of the public hearing provided in subsection (7)(d) which shall be attended by as many of the members of the plan commission as feasible without necessity that a quorum be achieved.

(d)

Public hearing.

The village board shall hold a public hearing pursuant to section 78-128 of this chapter.

(8)

Review criteria for petition.

(a)

The village plan commission, in making its preliminary and final recommendation on the petition, and the village board, in making its determination, shall consider whether each of the following criteria are satisfied:

Whether the petitioner(s) for the proposed planned unit development district has demonstrated:

An intent and ability to begin the physical development of the PUD District within 18 months following the approval of the petition; and

That the necessary financial resources to carry out the project in strict conformity with the development agreement have been obtained and committed.

Whether the proposed planned unit development district is consistent in all respects with:

The purpose of this section and the spirit and intent of this chapter; and

The adopted master plan or any adopted component thereof.

(b)

The village plan commission, in making its preliminary and final recommendations, and the village board, in making its decision on any proposed PUD District, shall consider the following criteria:

The development will not be contrary to the general welfare and economic prosperity of the community.

The proposed site is being provided with adequate drainage facilities for surface and storm waters.

The proposed site is accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

No undue constraint or burden will be imposed on public services and facilities (such as fire, EMT and police protection), street maintenance, maintenance of public areas near the proposed development and/or educational facilities.

The private roads and driveways on the site of the proposed development are adequate to serve the users of the proposed development.

Public sanitary sewerage facilities are adequately provided.

The entire tract or lots to be included in a Planned Unit Development District is subject to the terms and conditions of the development agreement, and the legal description encompasses said PUD District as a single area, shows all of its component lots and has been prepared to be recorded with the Register of Deeds for Waukesha County.

The proposed project will be adequately served by appropriate off-street parking.

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious project compatible without unreasonably affecting the property values of the surrounding neighborhood.

10.

The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create an unreasonable adverse effect upon the general traffic pattern of the surrounding neighborhood.

11.

Provision has been made for the adequate and continuing operation and maintenance of all aspects of the project.

12.

The proposed project has, where applicable, been examined with respect to its compatibility with the nonmandatory Downtown Overlay District Site Design Guidelines as adopted by the village board of trustees.

(c)

In the case of a proposed PUD District with residential uses, the village plan commission, in making its preliminary and final recommendations, and the village board, in making its decision on any proposed PUD District, shall also consider the following:

Such development will provide an attractive residential environment of sustained desirability and economic stability.

The impact of the population composition of the project upon the school district's capacity to provide needed educational services.

Permanent preservation of open space areas as shown on the approved site plan is ensured by the creation of appropriate easements and recorded deed restrictions.

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which, as a total development entity, is compatible with the surrounding neighborhood.

(d)

In the case of a proposed Industrial PUD District, the village plan commission, in making its preliminary and final recommendations, and the village board, in making its decision on any proposed PUD District, shall also consider the following:

The operational character, physical plant arrangement and architectural design of structures will be compatible with the latest in industrial development design and performance standards and will not result in an adverse effect upon the property values of the surrounding neighborhood.

The proposed project will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

The proposed project is compatible with the available transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(9)

Determination.

(a)

The village board, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions and restrictions. The approval of a PUD District shall be based upon, and shall include as conditions thereto, approval of the plan of operation for the project, if applicable, and execution by all necessary parties to the development agreement as provided for in subsection (10).

(b)

Rezoning to the Planned Unit Development Overlay District shall not become effective until a development agreement has been approved by the village board, is fully executed by all parties and recorded with the Waukesha County Register of Deeds.

(10)

Development agreement contents and demonstration of consent.

(a)

The village board's review and approval process shall be conditioned upon the execution by the village board and the applicant of the development agreement approved by the village board in conjunction with its approval under subsection (9) embodying all of the terms and conditions of the specific project plan and any additional terms of implementation.

(b)

The development agreement shall be submitted to the plan commission for its recommendation prior to approval by the village board and shall include, without limitation by reason of enumeration:

Timetables for performance/completion of improvements;

Performance requirements and standards and assurances for all improvements and/or modifications pertaining to the PUD District;

Inspection requirements;

Prohibitions on any division/combination of the real estate lots included within the PUD District except as otherwise provided, including an exception for residential condominium units;

Provision for lapsing of specific plan approval and automatic reversion of the zoning status of the property to non-PUD District status upon specified changes of circumstances or upon failure of the project to materialize as agreed to in the development agreement;

Agreements, bylaws, provisions and/or covenants or additional deed restrictions to be recorded against the lot(s) within the PUD District that will perpetually govern the organizational structure, use, maintenance and continued preservation and protection of the project and any of its common services, common open areas and/or other facilities; and

(c)

Execution of the development agreement shall constitute evidence of consent and subordination of the entire project area to the terms of the development agreement. The development agreement and all agreements, bylaws, provisions covenants and/or additional deed restrictions required here under shall be recorded, shall run with all of the land included within the approved PUD District and shall fully bind all parties to such agreement and those subsequently taking interest in the property or properties.

(d)

No approval of a PUD District shall take effect and no rights shall vest in regard to any PUD District petition approved by the village board until the development agreement and all of its exhibits have been duly recorded with the Waukesha County Register of Deeds.

(11)

Changes and additions. Any subsequent change or addition to the plans or uses of a PUD District or project located therein shall first be submitted for review to the village plan commission and then to the village board utilizing the procedural requirements, including the payment of fees, contained in subsection (7).

(12)

Subsequent land division.

(a)

Except as otherwise provided in the development agreement, the division of any land or lands within a PUD District for the purpose of change or conveyance of ownership shall not be favored and shall not be permitted unless there is a demonstration of substantial and significant benefit to the public interest arising out of the specific land division.

(b)

Any land division request shall be accompanied by a detailed proposed certified survey map of the lands to be divided.

(c)

In addition to complying with any other applicable procedural requirements, any proposal for division of any land within a PUD District shall detail how the various dimensional, density, parking, green space, impervious surface, public infrastructure improvements approved pursuant to the development agreement and other requirements established by the initial granting of the PUD District will be affected or altered. Such proposal shall further demonstrate that all necessary components and obligations associated with the project, including, but not limited to, physical and legal undertakings, will be otherwise be provided so that the proposed division will not negatively impact the organizational structure, use, maintenance and continued preservation and protection of the project and any of its common services, common open areas and/or other facilities.

(d)

The approval of any division of lands within a PUD District is discretionary.

(Ord. of 5-8-06, § 1)

Sec. 78-100. - NR-1 Single-family Residence District.

(1)

Purpose. This district is intended to provide "estate size" single-family detached residential development.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Private residential outdoor recreation facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(d)

Home occupations and professional offices.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(b)

Accessory dwelling units.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 30,000 square feet per lot, except that corner lots shall be ten percent larger.

Minimum width of 120 feet, except that corner lots shall be ten percent larger.

(b)

Building location.

Setback: Minimum of 30 feet from front lot line.

Side yard: Minimum of 15 feet from side lot lines.

Rear yard: Minimum of 30 feet from rear lot line.

(c)

Building size.

Minimum living area of 1,500 square feet first floor and a total living area of 2,200 square feet.

Maximum floor area ratio of 15 percent.

(d)

Building height.

Principal structure: 35 feet maximum.

Accessory structure: 15 feet maximum.

(Ord. of 8-5-06, § 1)

Sec. 78-101. - NR-2 Single-Family Residence District.

(1)

Purpose. This district is intended to provide for high quality single-family residential development at medium density.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Home occupations and professional offices.

(c)

Private residential outdoor recreation facilities.

(d)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(b)

Accessory dwelling units.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 22,000 square feet per lot, except that corner lots shall be ten percent larger.

Minimum width of 100 feet, except that corner lots shall be ten percent larger.

(b)

Building location.

Setback: Minimum of 30 feet from front lot line.

Side yard: Minimum of 15 feet from side lot lines.

Rear yard: Minimum of 30 feet from rear lot line.

(c)

Building size.

Minimum living area of 1,200 square feet first floor and a total minimum living area of 2,000 square feet.

Maximum floor area ratio of 25 percent.

(d)

Building height.

Principal structure: 35 feet maximum.

Accessory structure: 15 feet maximum.

(Ord. of 8-5-08, § 2)

Sec. 78-102. - NR-3 Single-family Residence District.

(1)

Purpose. This district is intended to provide for detached single-family residential development on a relatively small lot.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas. Maximum size of accessory buildings shall be subject to section 78-48 of this Code.

(b)

Home occupations and professional offices.

(c)

Private residential outdoor recreation facilities.

(d)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(b)

Accessory dwelling units.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 18,000 square feet per lot, except that corner lots shall be ten percent larger.

Minimum width of 100 feet, except that corner lots shall be ten percent larger.

(b)

Building location.

Setback: Minimum of 25 feet from front lot line.

Side yard: Minimum of 15 feet from side lot lines.

Rear yard: Minimum of 25 feet from rear lot line.

(c)

Building size.

Minimum living area of 1,000 square feet first floor and a total living area of 1,500 square feet.

Maximum floor area ratio of 25 percent.

(d)

Building height.

Principal structure: 35 feet maximum.

Accessory structure: 15 feet maximum.

(Ord. of 8-5-06, § 3)

Sec. 78-103. - NRD Two-family Residence District.

(1)

(2)

General requirements.

(a)

Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.

(b)

(3)

Permitted uses.

(a)

Single-family residences.

(b)

Duplex units.

(c)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(4)

Permitted accessory uses.

(a)

Private garages, carports, accessory buildings, and paved parking areas. Maximum size of accessory buildings shall be subject to section 78-48 of this Code.

(b)

Private residential and private non-commercial group outdoor recreational facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Permitted special uses.

(a)

Zero lot line duplexes.

A zero lot line duplex may be built on the dividing line between two halves of an existing legal lot of record having at least 25,000 square feet in area and at least 120 feet of frontage total and 60 feet for each parcel.

The common wall of zero lot line duplex shall be centered on the dividing line between the two halves of the lot.

The setback from the opposite lot line shall not be less than ten feet.

Current Wisconsin State Plumbing Code permits the installation of common systems; and

Cross easements and maintenance provisions for the common systems are provided for and included in the deed restrictions referred to in subsection 5 below.

Deed restrictions shall provide:

Each side of the building shall be constructed at the same time and in such a way as to be harmonious with the other side so that the overall effect is aesthetically pleasing.

Violation of these covenants should be handled by the signing parties; however, they shall provide that the village may enforce the same or facilitate the proper solution.

Copies of the deed restrictions and private covenants shall be placed on file in the assessor's office and recorded in the office of the Register of Deeds for Waukesha County.

Changes to covenants or deed restrictions shall require an amendment to the special use approval or conditional use permit required by the zoning ordinance.

Basements shall be provided across zero lot lines where necessary for water, sewer and utility services.

No fences shall be permitted along the zero lot line in front of rear yards.

(7)

Area requirements.

(a)

Lot size.

Minimum area of 25,000 square feet per lot or 12,500 square feet for each zero lot line duplex parcel, except that all corner lots shall be ten percent larger.

Minimum width of 110 feet or 55 feet for zero lot line duplex, except that all corner lots shall be ten percent larger.

(b)

Density.

Maximum of one dwelling unit per 12,500 square feet.

(c)

Building location.

Setback: Minimum of 25 feet from front lot line.

Offsets: Minimum of 15 feet from side lot lines.

Offsets: Minimum of 25 feet from rear lot lines.

(d)

Building size.

Minimum living area of 1,000 square feet first floor and a total minimum living area of 1,500 square feet.

Maximum floor area ratio of 30 percent.

(e)

Building height.

Principal structure: 35 feet maximum.

Accessory structure: 15 feet maximum.

(Ord. of 8-5-06, § 4)

Sec. 78-104. - NR-4 residence district.

(1)

Purpose. This district is intended to provide for residential development on lots with a minimum of three units per acre density.

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Two-family dwellings.

(c)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses.

(a)

Private accessory buildings will be limited to one per single family lot and limited to two per two-family lot, one per unit. All private accessory buildings shall be located in the rear yard. Maximum size of accessory buildings shall be subject to section 78-48 of this Code. Garages shall be attached to the primary residence.

(b)

Paved parking areas, which shall not be located in the side yard.

(c)

Home occupations and professional offices.

(d)

Private residential outdoor recreation facilities.

(e)

Any other structure or use normally accessory to the principal uses permitted.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation and professional office shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation or professional office shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling or its structure.

(c)

The floor area devoted to the home occupation or professional office shall not exceed 25 percent of the floor area of the dwelling.

(d)

There shall be no change in the outside appearance of the premises other than one unlighted nameplate no more than one square foot in area. Any nameplate shall be mounted flat against the wall of the building. There shall be no display that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling.

(e)

No stock in trade or commodity shall be kept or sold upon the premises. Storage of materials or supplies used in the home occupations shall be done only within enclosed portions of buildings and within the space limitations of (c) above.

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which creates fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted within a structure other than a single-family dwelling. No equipment or process shall be used which causes electrical interference or creates operational, visual or audible interference in any radio or television receivers or electronic equipment off the premises, or causes fluctuations in line voltage off the premises.

(g)

No vehicular traffic shall be generated by the home occupation or professional office in greater volumes than would normally be generated by the dwelling unit. For the purpose of this section the typical trip generation rates for each type of residential use are those specified in Trip Generation, current edition, published by the Institute of Traffic Engineers. In an instance where two or more trip generation rates may apply to a particular land use, the village shall determine the appropriate rate.

(h)

Any need for parking generated by the home occupation or professional office shall be met off the public or private street and on the premises but other than in the front yard, except on paved driveways. No more than two motor vehicles associated with the home occupation or professional service may be kept on the premises.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(b)

Accessory dwelling units.

(c)

Site preparedness. This conditional use is intended to allow for certain activities deemed necessary by the village board to occur on a specific property prior to and in anticipation of its full development.

A conditional use permit may be approved to authorize on specific property the conducting certain limited activities as deemed necessary for site preparedness as determined by the village board.

The village board must be convinced that full development of a specific property for a residential use under this zoning is likely to occur in the future.

The entire specific property must be owned by the same entity.

The specific property shall consist of a minimum of 60 acres. However, during the term of a conditional use permit, portions of the specific property can be developed in accordance with the uses authorized under this zoning district.

The maximum length of time that a conditional use permit under this subsection can be issued for shall not exceed a total of ten years if the subject property is not in a Tax Incremental District.

The maximum length of time that a conditional use permit under this subsection can be issued for shall not exceed a total of three years if the subject property is in a Tax Incremental District.

A conditional use permit may allow the extraction of stone within an area of a specific property not exceeding a maximum of 12 acres to a maximum depth of 12 feet below the bedrock elevation prior to any extraction.

A conditional use permit may allow blasting but said blasting shall be limited for the sole purpose of creating fissures in the stone and as otherwise limited by village ordinances.

The owner of the specific property must provide a letter of credit in a form acceptable to the village board and in an amount as determined by the village engineer to ensure that the activities approved as part of a conditional use permit will occur including but not limited to refilling of the excavated area of the specific property with material suitable to allow its future development by the end of the maximum length of time of the permit.

10.

The owner of the specific property shall make a cash payment at the time that the conditional use permit is issued to pay for village improvements deemed necessary by the village to protect or reinforce village infrastructure impacted by the site preparedness activities.

11.

The terms of a conditional use shall set the maximum hours of operation and their scheduling as deemed reasonable in the sole discretion of the village board.

12.

The owner of the specific property shall be required as part of the conditional use permit to enter into and pay for a well testing program in a manner and length acceptable to the village board.

(6)

Area requirements.

(a)

Single-family units.

Lot size.

Minimum area of 9,000 square feet per lot, except that corner lots shall be ten percent larger.

ii.

Minimum width of 60 feet, except that corner lots shall be ten percent larger.

Building location.

Setback: Minimum of 25 feet from front lot line.

ii.

Side yard: Minimum of 7.5 feet from side lot lines.

iii.

Rear yard: Minimum of 25 feet from rear lot line.

Building size.

Minimum living area of 1,000 square feet first floor and a total living area of 1,500 square feet.

ii.

Maximum floor area ratio of 35 percent.

Building height.

Principal structure: 35 feet maximum.

ii.

Accessory structure: 15 feet maximum.

(b)

Two-family units.

Lot size.

Minimum area of 13,500 square feet per lot, except that corner lots shall be ten percent larger.

ii.

Minimum width of 90 feet, except that corner lots shall be ten percent larger.

Building location.

Setback: Minimum of 25 feet from front lot line.

ii.

Side yard: Minimum of 7.5 feet from side lot lines.

iii.

Rear yard: Minimum of 25 feet from rear lot line.

Building size.

Minimum living area of 1,000 square feet first floor and a total living area of 1,500 square feet per unit.

ii.

Maximum floor area ratio of 40 percent.

Building height.

Principal structure: 35 feet maximum.

ii.

Accessory structure: 15 feet maximum.

( Ord. No. 2018-2 , § 1, 10-8-18)

Secs. 78-105—78-120. - Reserved.

Village of Lannon Zoning District Requirements
District	Lot size (minimum)	Lot Width (minimum)	Density (area per unit)	Setback (minimum)	Offset (minimum)	Minimum Sq. Ft. (Living area)	F.A.R. (max.)	Building Height (maximum)
A-1 Agricultural/Holding	20 Acres	400 ft.		50 ft.	20 ft. side 50 ft. rear	900 s.f. first fl. Total 1,500 s.f.	10%	35 ft. residential 15 ft. accessory 35 ft. agricultural
ROP Single-family	10,000 s.f.	66 ft.		15 ft. from front lot line	10 ft. from side lot line 25 ft. from rear lot line	900 s.f. first fl. Total 1,200 s.f.	40%	35 ft. principal 15 ft. accessory
R-1 Single-family	30,000 s.f.	120 ft.		30 ft. from front lot line	15 ft. from side lot line 30 ft. from rear lot line	900 s.f. first fl. Total 1,500 s.f.	15%	35 ft. 15 ft.
R-2 Single-family	20,000 s.f.	100 ft.		30 ft. from front lot line	15 ft. from side lot line 30 ft. from rear lot line	900 s.f. first fl. Total 1,400 s.f.	25%	35 ft. 15 ft.
R-3 Single-family	15,000 s.f.	90 ft.		25 ft. from front lot line	10 ft. from side lot line 25 ft. from rear lot line	900 s.f. first fl. Total 1,400 s.f.	25%	35 ft. 15 ft.
R-4 Mobile Home/ Manufactured						1,000 s.f. 24 ft. min. width
RD Two-family	17,500 s.f. (8,750 s.f. for zero lot line duplex)	110 ft. (55 ft. for zero lot line duplex)	1 unit max. per 8,750 s.f.	25 ft. from front lot line	10 ft. from side lot line 20 ft. from rear lot line	900 s.f. first fl. Total 1,100 s.f.	30%	35 ft. 15 ft.
RM Multi Family	40,000 s.f.	120 ft.	1 unit max. per 4,840 s.f.—1&2 bd 1 unit max. per 5,840 s.f.—3bd	25 ft. from front lot line	15 ft. from side & rear lot lines	800 s.f./unit—1&2 bd 920 s.f./unit—3 bd	45%	35 ft. 15 ft.
B-1 Neighborhood Convenience	20,000 s.f.	125 ft.	5,000 s.f. min. open space per unit	25 ft. from front lot line	15 ft. from side & rear lot lines	Total 900 s.f. per dwelling	50%	35 ft. 15 ft.
B-2 Downtown Business	20,000 s.f.	100 ft.	5,000 s.f. min. open space per unit	25 ft. from front lot line	10 ft. from side & rear lot lines	Total 900 s.f. per dwelling	50%	35 ft. 15 ft.
B-3 Highway Business District	30,000 s.f.	150 ft.	10,000 s.f. min. open space per unit	50 ft. from front lot line	15 ft. from side & rear lot lines	Total 900 s.f. per dwelling	30%	35 ft. 15 ft.
L-1 Light Industrial	40,000 s.f.	150 ft.		50 ft. from front lot line	15 ft. from side & rear lot lines		75%	50 ft.;eol 50 ft.
BP Business Park	15,000 s.f.	100 ft.		50 ft. from base setback line	15 ft. from side & rear lot lines*	80% max. lot coverage	50%	50 ft.
OS Office and Service Business	12,000 s.f.	75 ft.		25 ft. from base setback line	10 ft. from side & rear lot lines**	80% max. lot coverage	50%	35 ft.
I Institutional and Public Service	No minimum	100 ft.		25 ft. from base setback line	20 ft. from side & rear lot lines*	80% max. lot coverage	50%	42 ft.
P-1 Park and Recreation				40 ft. from front lot line	40 ft. from side & rear			35 ft. 15 ft.

*If adjoining property is zoned residential min. 30 feet from adjoining residential lot line
**If adjoining property is zoned residential min. 20 feet from adjoining residential lot line

Lannon Village City Zoning Code

ARTICLE IV

- DISTRICTS

Sec. 78-76. - Annexations.

(1)

(2)

Sec. 78-77. - Establishment of official zoning map.

(1)

(2)

(3)

(4)

(a)

(b)

(Ord. of 7-11-07, § 1)

Sec. 78-78. - Regulations made applicable to each district.

The regulations as set forth in this chapter are made specifically applicable to each individual district as hereinafter set forth in the individual district regulation summary.

(1)

A-1 Agricultural Holding District.

ROP Single-family Residence Original Plat (10,000 square feet minimum).

R-1 Single-family Residence District (30,000 square feet minimum).

R-2 Single-family Residence District (20,000 square feet minimum).

R-3 Single-family Residence District (12,000 square feet minimum).

R-4 Mobile Home/Manufactured Housing District.

RD Two-family Residence District (15,000 square feet minimum lot).

R-M Multi-family Residence District (nine units per acre max. density).

B-1 Neighborhood Convenience District.

B-2 Downtown Business District.

B-3 Highway Business District.

L-I Light Industrial District.

BP Business Park District.

OS Office and Service Business District.

I Institutional and Public Service District.

Q Quarrying District.

FP Floodplain District.

C-1 Shoreland/Wetland District.

C-2 General Conservancy District.

P-1 Park and Recreation District.

Sec. 78-79. - A-1 Agricultural/Holding District.

(1)

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing).

(c)

Keeping and raising of domestic stock for agribusiness, show, breeding or other purposes incidental to the principal use of the premises.

Horses, provided that they are kept pursuant to all applicable, state, county and village laws and/or ordinances and as follows:

The horse is kept only for the personal use of the resident and his guests by not for hire or money.

An appropriate fenced enclosure and paddock approved by the plan commission shall be provided for the horse.

Manure shall be disposed of in such a manner and with such frequency as to prevent offensive odors from affecting adjacent properties.

(d)

One single-family farm dwelling.

(e)

Existing dwellings not accessory to any farm operation or dwelling remaining after consolidation of farms.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings and paved parking areas.

(b)

Stables, barns, poultry houses, greenhouses, sheds, or other similar structures, provided that no building housing domestic livestock or poultry shall be closer than 50 feet to any lot line.

(c)

Home occupations and professional offices.

Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(d)

Private residential outdoor recreation facilities.

(e)

Roadside stands for the sale only of products raised on the premises, operated by the resident farmer, and subject to the following:

Off-street parking for a minimum of four vehicles shall be provided.

No such stand shall be closer than 30 feet to the right-of-way line or closer than 20 feet to any other lot line.

Signs advertising produce shall be confined to a single neat display frame and shall not exceed 20 square feet in total area.

A general sign to advertise the stand, not more than 12 square feet in area, shall be permitted.

(f)

Blacksmith shop or machine shed for the maintenance and repair of farm machinery, equipment and vehicles.

(g)

Any other structure or use normally accessory to the principal uses permitted.

(4)

(5)

Area requirements.

(a)

Lot size.

Minimum 20 acres.

Minimum width of 400 feet.

(b)

Building location.

Setback minimum of 50 feet from front lot line.

Side yard—Minimum of 20 feet from side lot lines.

Rear yard—Minimum of 50 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,500 square feet.

Maximum floor area ratio of ten percent.

(d)

Building height.

Principal residential structure—35 feet maximum.

Accessory structure—15 feet maximum.

Agriculture structure—35 feet maximum.

Sec. 78-80. - ROP Single-family Residence Original Plat.

(1)

(2)

Permitted uses.

(a)

Single-family dwellings.

(b)

Community living arrangements for eight or fewer persons, subject to limitations set forth in Wis. Stats. § 61.35.

(3)

Permitted accessory uses:

(a)

Private garages, carports, accessory buildings, and paved parking areas.

(b)

Private residential outdoor recreation facilities.

(c)

Any other structure or use normally accessory to the principal uses permitted.

(d)

Home occupations and professional offices.

(4)

Home occupations and professional offices. Home occupations and professional offices are permitted in residential structures only when the following requirements are met:

(a)

The home occupation shall have no employees. Only immediate family members residing on the premises may conduct the home occupation.

(b)

The home occupation shall be clearly incidental and subordinate to the residential use and shall under no circumstances change the residential character of the dwelling.

(c)

The floor area devoted to the home occupation shall not exceed 25 percent of the floor area of the dwelling.

(d)

(e)

(f)

No mechanical equipment shall be used except such as is permissible for purely domestic and household uses. Further, no equipment shall be used in the home occupation which created fire hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family dwelling or outside the dwelling if conducted in other than a single-family dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(g)

(h)

(i)

The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

(5)

Conditional uses.

(a)

Community living arrangements that have a capacity for nine or more persons.

(6)

Area requirements.

(a)

Lot size.

Minimum area of 10,000 square feet per lot.

Minimum width of 66 feet.

(b)

Building location.

Setback minimum of 15 feet from front lot line.

Side yard—Minimum of ten feet from side lot lines.

Rear yard—Minimum of 25 feet from rear lot line.

(c)

Building size.

Minimum living area of 900 square feet first floor and a total living area of 1,200 square feet.

Maximum floor area ratio of 40 percent.

(d)

Building height.

Principal structure—35 feet maximum.

Accessory structure—15 feet maximum.

Sec. 78-80A. - ROP Business Original Plat.

(1)

(2)

Permitted uses.

(a)

(b)

Single-family dwellings that conform to the provisions of Village of Lannon Ordinances section 78-80 ROP Single-family Residence.

(c)

Mixed-use buildings, with the ground story used as permitted in subsection (1), and at least one story used for residential purposes.

(3)

Permitted accessory uses.

(a)

(4)

Conditional uses.

(a)

All conditional uses allowable under Village of Lannon Ordinance subsection 78-88(5)(a).

(b)

Rooming or lodging houses.

(5)

Area requirements.

(a)

Lot size.

Minimum area of 10,000 square feet per lot.

Minimum width of 66 feet.

(b)

Building location.

Setback minimum of 15 feet from front lot line.

Side yard—Minimum of ten feet from side lot lines.

Example:

Actual lot width	× Required offset = Reduced offset
Required lot width