For the purpose of this chapter, the following primary use districts are hereby established within the village:

(1)

R-1 Residential District.

(2)

R-2 Residential District.

(3)

R-3 Residential District.

(4)

C-1 Central Commercial District.

(5)

C-2 Highway Commercial District.

(6)

BP Business Park District.

(7)

I Industrial Agriculture District.

(8)

EA Exclusive Agriculture District.

(9)

A-G Agricultural District.

(10)

C-O Conservancy District.

(11)

F-P Floodplain District.

(Code 1999, § 18.25)

(a)

Purpose. This district is primarily intended to provide a suitable environment for single-family residential development.

(b)

Lot size regulations. See section 135-33.

(c)

Dwelling size regulations. Single-family dwelling size shall be a minimum of 1,400 sq. ft. in living area, exclusive of attached garages, open porches, unfinished areas, etc.

(d)

Height regulations. Maximum height: 35 feet.

(e)

Yard and setback regulations.

(1)

Minimums. Minimum front yard: 30 feet; minimum side yard: 12 feet. See section 135-35; Minimum rear yard:

(2)

Highway setbacks.

a.

Property which adjoins any state trunk highway or United States Highway shall provide setbacks for the yard adjoining the highway as specified in each category:

1.

Minimum front yard: 30 feet;

2.

Minimum side yard: 50 feet;

3.

Minimum rear yard: 80 feet.

b.

Property which adjoins any county trunk highway shall provide setbacks for the yard adjoining the highway as specified in each category:

1.

Minimum front yard: 30 feet;

2.

Minimum side yard: 50 feet;

3.

Minimum rear yard: 50 feet.

(f)

Permitted uses.

(1)

Single-family dwellings.

(2)

Truck gardening, nurseries and greenhouses, only for the propagation of plants.

(3)

Forestry, open spaces.

(4)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(5)

Accessory structures including: Private garages, parking spaces, and carports for vehicles, and other structures clearly incidental to the residential use of the property.

(g)

Conditional uses.

(1)

Churches, including those related structures located on the same site which are an integral part of the church proper, convents and homes of persons engaged in a religious function on the same site, provided no building shall be located nearer than 25 feet from any lot line.

(2)

Home occupants when such occupations are incidental to the residential use of the premises and do not involve any exterior alteration that would effect a substantial change in the residential character of the building; provided, further, that no article is sold or offered for sale that is not produced by such home occupation; that there is no sign used, other than a nameplate which is attached to the building, is not illuminated, and is not more than two square feet in area.

(3)

Professional offices, where such office is conducted solely by a member or members of the occupant family entirely within the residence and incidental to the residential use of the premises. Not more than 25 percent of the floor area shall be occupied by such office. Not more than one non-family member may be employed in such office. Only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of occupant of the premises shall be exhibited.

(4)

Municipal buildings except the following: garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions or asylums.

(5)

Golf courses, country clubs, tennis clubs, swimming pools and other similar recreational facilities. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot line in an "R" zoning district, and any accessory structure shall be a minimum of 50 feet from any lot line.

(6)

Rest, nursing, rehabilitation, group foster homes and similar group homes.

(7)

Hospitals for human care and sanitariums, provided that all structures except fences shall be located 100 feet or more from the lot line of any abutting lot in an "R-1" district.

(8)

Day care center, when required to be licensed by an agency of the state, where a person provides for compensation, care and maintenance for four or more infants at a location other than the child's own home or the home of relatives or guardians. In such a center, a play area of 75 square feet per child shall be provided within a fenced area, other than a front yard. Where three or fewer children are cared for and maintained, such operation shall be permitted as a home occupation.

(9)

Public and parochial schools, colleges, universities and dormitories provided that no building shall be located nearer than 25 feet from any lot line.

(10)

Public utility and public service uses as follows:

a.

Electric substations.

b.

Gas regulator stations.

c.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings or rights-of-way for switch, lead, or spur tracks.

d.

Sewerage system lift stations.

e.

Telephone exchanges, microwave relay towers and telephone transmission equipment buildings.

f.

Water pumping stations and water reservoirs.

g.

Community centers and libraries.

h.

Public emergency shelters.

i.

Planned unit developments (PUD).

j.

Parks and playgrounds.

k.

Cemeteries.

(11)

Two-family dwellings.

(h)

Commercial/industrial storage restricted in residential (R-1) districts. The storage of commercial and industrial vehicles, supplies and equipment in residential districts is restricted as follows:

(1)

In any residential district, equipment and building materials relating to industrial or commercial use must be stored in an enclosed building.

(2)

Parking of commercial vehicles except for cars, pickup trucks, and vans in a residential zoned district is prohibited.

(3)

Parking of commercial trailers (job trailers) is allowed, providing that:

a.

Trailers may be parked in a private garage.

b.

Trailers parked outside must be the enclosed type and the trailer length may not exceed 20 feet.

(i)

Exception to above. Commercial/industrial vehicles, supplies and equipment shall be allowed in any zoning district where such parking or storage is limited to vehicles, supplies and equipment engaged in the performance of a service on the adjacent or underlying property, for the period of time reasonably necessary for the contractor to complete the service.

(Code 1999, § 18.26)

(a)

Purpose. This district is primarily intended to maintain the residential character of the existing central residential area.

(b)

Lot size regulations.

(1)

Minimum lot size: 7,200 square feet.

(2)

Minimum lot width: 60 feet.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

Minimum front yard: 30 feet or the average of the existing front yards of the existing principal structures on abutting lots on each side. If only one abutting lot is occupied by a principal structure, the minimum required front yard shall be the average of 30 feet and the existing principal structure on the abutting lot, whichever is less.

(2)

Minimum side yard: The minimum width of each side yard shall be 12 feet.

(3)

Minimum rear yard: 25 feet.

(e)

Permitted uses.

(1)

Single-family dwellings.

(2)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(3)

Accessory structures, including private garages, parking spaces, and carports for vehicles, and other structures clearly incidental to the residential use of the property.

(f)

Conditional uses. All conditional uses listed in an R-1 district. Multifamily dwellings with approval of plan commission and the village board. Lot size regulations of R-3 Residential District shall apply.

(Code 1999, § 18.27)

(a)

Purpose. This district is primarily intended to provide a suitable environment for multifamily developments for any building with three or more dwelling units.

(b)

Lot size regulations.

(1)

Minimum lot area. See section 135-71 for minimum lot area for uses other than multifamily dwellings.

(2)

Lot size regulations. Multifamily dwelling units shall have a minimum lot area in accordance with the following schedule:

a.

One bedroom unit: 2,000 square feet per unit.

b.

Two bedroom unit: 2,500 square feet per unit.

c.

Three bedroom unit: 3,000 square feet per unit.

(3)

Notwithstanding the above, the minimum lot area for multifamily dwelling units shall be 12,000 square feet.

(c)

Minimum lot width. See section 135-33.

(d)

Height regulations. Maximum height: 35 feet.

(e)

Yard and setback regulations.

(1)

Minimums. Minimum front yard: 30 feet; minimum rear yard: 25 feet; minimum side yard: 12 feet. See section 135-33.

(2)

Highway setback.

a.

Property which adjoins any state trunk highway or United States Highway shall provide setbacks for the yard adjoining the highway in each category: Minimum—Front yard: 30 feet; side yard: 50 feet; rear yard: 80 feet.

b.

Property which adjoins any county trunk highway shall provide setbacks for the yard adjoining the highway in each category: Minimum—Front yard: 30 feet; side yard: 50 feet; rear yard: 50 feet.

(f)

Permitted uses.

(1)

Uses permitted in the R-1 Residential District.

(2)

Duplexes.

(3)

Multiple-family dwellings.

(g)

Conditional uses.

(1)

Conditional uses listed in the R-1 Residential District.

(2)

Funeral homes.

(3)

Lodginghouses.

(4)

Private clubs and lodges.

(Code 1999, § 18.28; Ord. No. 257, 2006)

(a)

Purpose. This district is intended to provide for medium-density residential areas with emphasis on two-family attached dwellings.

(b)

Lot size regulations.

(1)

Minimum lot size: 13,000 square feet; 6,500 square feet for lots intended for zero lot line two-family attached dwellings.

(2)

Minimum lot width: 100 feet; 50 feet for lots intended for zero lot line two-family attached dwellings.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

Minimum front yard: 30 feet.

(2)

Minimum side yard: Zero on one side provided that:

a.

The lot adjacent to that side yard is held under the same ownership at the time of initial construction of the two-family attached dwelling.

b.

The adjoining side yard setback of the lot adjacent to the zero side yard is also zero.

c.

The opposite side yard is not less than 12 feet.

d.

Both units of the two-family attached dwelling are completed prior to occupancy of either unit.

e.

Easements shall be provided upon each lot as may be necessary for water, sewer, and all other utility services. Said easements shall be approved by each of the utility providers. Separate sewer and water laterals shall serve each living unit.

f.

Foundation drains shall have a separate sump and pump located in each dwelling unit.

g.

Restrictive covenants or agreements shall be approved by the village plan commission and shall be recorded at the county register of deeds office, providing declarations and/or bylaws similar to those typically recorded on a declaration of condominium. Said covenants shall provide for mediation of any and all disputes between owners of each unit and any third party with regard to construction, use, and maintenance of the real property. Furthermore, said covenants shall specifically state that the village and all approving authorities shall not be held responsible for same, and that said covenants shall inure to all heirs and assigns.

h.

Side yard setback for all other dwellings other than zero lot line attached two-family dwellings shall be 12 feet.

(3)

Minimum rear yard: 25 feet.

(4)

Highway setbacks:

a.

Property which adjoins any state trunk highway, or United States Highway shall provide setbacks for the yard adjoining the highway in each category: Minimum—Front yard: 30 feet; side yard: 50 feet; rear yard: 80 feet.

b.

Property which adjoins any county trunk highway shall provide setbacks for the yard adjoining the highway in each category: Minimum—Front yard: 30 feet; side yard: 50 feet; rear yard: 50 feet.

(e)

Permitted uses.

(1)

Single-family dwellings.

(2)

Duplexes.

(3)

Zero lot line two-family attached dwellings.

(4)

Telephone, telegraph and power distribution poles and lines, sanitary sewer, storm sewer and water facilities and necessary appurtenant equipment and structures.

(5)

Accessory structures including private garages, parking spaces, and carports for vehicles, and other structures clearly incidental to the residential use of the property.

(f)

Conditional uses. None.

(Code 1999, § 18.28)

(a)

Purpose. This district is intended to provide a suitable environment for commercial development associated with a central community location.

(b)

Lot size regulations.

(1)

Minimum area: None.

(2)

Minimum width: None.

(c)

Height regulations.

(1)

Maximum height: 35 feet.

(2)

Minimum width: None.

(d)

Yard and setback regulations.

(1)

Minimum front yard: Ten feet.

(2)

Minimum rear yard: 12 feet.

(3)

Minimum side yard: Ten feet.

(e)

Permitted uses.

(1)

Banks and similar financial institutions.

(2)

Laundromats, laundry and dry-cleaning establishments.

(3)

Business and professional offices and studios.

(4)

Office supply stores.

(5)

Dental and medical clinics.

(6)

Department stores, variety stores and pet shops.

(7)

Garages for storage of vehicles used in conjunction with permitted use.

(8)

Hotels, motels, restaurants and taverns.

(9)

Food stores, secondhand stores, retail stores and shops offering convenience goods and services.

(10)

Funeral homes.

(11)

Furniture stores and furniture upholstery shops.

(12)

Heating and/or plumbing supply stores.

(13)

Print shops, sign shops, publishing shops and offices.

(14)

Private clubs, lodges and meeting places.

(15)

Gas stations and vehicle sales, service, washing and repair stations.

(16)

Lumber yards.

(17)

Dwelling, single-family, only as accessory to a principal use.

(18)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(19)

Trade and contractor's offices and storage yard.

(20)

Convenience stores.

(f)

Conditional uses.

(1)

Emergency public shelters.

(2)

Parks and playgrounds.

(3)

Cemeteries.

(4)

Auto body repair work.

(5)

Lodginghouses.

(6)

Community centers and libraries.

(7)

Planned unit developments.

(8)

Mini-warehousing.

(9)

Churches, including those related structures located on the same site which are integral part of the church proper, convents and homes of person engaged in a religious function on the same site, provide no building shall be located nearer than 25 feet from any lot line.

(10)

Municipal buildings except the following: garbage incinerators, public shops and storage yards, public warehouses, and penal or correctional institutions or asylums.

(11)

Day care center, when required to be licensed by an agency of the state, where a person provides for compensation care and maintenance for four or more infants at a location other than the child's own home or the home of relatives or guardians. In such a center, a play area of 75 square feet per child shall be provided within a fenced area, other than a front yard. Where three or fewer children are cared for and maintained, such operation shall be permitted as a home occupation.

(12)

Public and parochial schools, colleges, universities and dormitories provided that no building shall be located nearer than 25 feet from any lot line.

(13)

Public transportation terminals such as bus and rail depots.

(14)

Public and private parking garages and lots.

(15)

Commercial entertainment facilities and commercial recreation facilities such as:

a.

Arcades.

b.

Dance halls.

c.

Marinas.

d.

Physical culture.

e.

Skating rinks.

f.

Bowling alleys.

g.

Gymnasiums.

h.

Miniature golf.

i.

Pool and billiard halls.

j.

Theaters.

(16)

Dwelling, single-family, two-family, and such use must meet minimum yard and lot size requirements of R-2 Residential District.

(17)

Multifamily dwellings; and such use must meet minimum yard and lot size requirements of R-3 Residential District.

(18)

Public utility and public service uses as follows:

a.

Electric substations;

b.

Gas regulator stations;

c.

Railroad rights-of-way, but not including railroad yards and shops, freight and service buildings or rights-of-way for switch, lead, or spur tracks;

d.

Sewerage system lift stations;

e.

Telephone exchanges, microwave relay towers and telephone transmission equipment buildings; and

f.

Water pumping stations and water reservoirs.

(Code 1999, § 18.29)

(a)

Purpose. This district is intended to provide a suitable environment for commercial development which is generally associated with higher volume traffic arteries.

(b)

Lot size regulations. See section 135-33.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

State trunk or US Highway. Property which adjoins any state trunk highway or United States Highway shall provide setbacks for the yard adjoining the highway in each category:

a.

Minimum front yard: 80 feet;

b.

Minimum side yard: 25 feet;

c.

Minimum rear yard: 50 feet.

(2)

County trunk highway. Property which adjoins any county trunk highway or any local road shall provide setbacks for the yard adjoining the highway in each category:

a.

Minimum front yard: 50 feet;

b.

Side yard: 25 feet;

c.

Rear yard: 25 feet.

(e)

Permitted uses.

(1)

Dwelling, single-family, only as accessory to a principal use.

(2)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(3)

Forestry, open spaces.

(4)

Offices; business, professional, public provided there is no outside storage.

(5)

Medical, dental and veterinary clinics.

(6)

Individual retail stores offering personal and business goods and services.

(7)

Hotel and motels.

(8)

Shopping and/or service centers containing two or more establishments.

(9)

Drive-in establishment serving food and/or beverages.

(10)

Banks and drive-in facilities and other financial institutions.

(11)

Car washes.

(12)

Automobile service stations.

(13)

Convenience stores.

(14)

Funeral homes.

(f)

Conditional uses.

(1)

Drive-in theaters.

(2)

Amusement and entertainment establishments.

(3)

Taverns and cocktail lounges.

(4)

Lumber yards.

(5)

Grain and feed mills.

(6)

Animal boarding establishments.

(7)

Truck terminals and truck stops.

(8)

Agricultural machinery sales and repair.

(9)

Storage and warehousing establishments.

(10)

Planned unit developments.

(11)

General farming except farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms.

(12)

Truck gardening, nurseries, and greenhouses only for the propagation of plants.

(13)

Automobile, truck, boat, machinery and recreational vehicle sales and repair.

(14)

Day care center, when required to be licensed by an agency of the state, where a person provides for compensation, care and maintenance for four or more infants at a location other than the child's own home or the home of relatives or guardians. In such a center, a play area of 75 square feet per child shall be provided within a fenced area, other than a front yard. Where three or fewer children are cared for and maintained, such operation shall be permitted as a home occupation.

(Code 1999, § 18.30)

(a)

Purpose. This district is intended to provide a flexible environment suitable for commercial and light industrial development.

(b)

Lot size regulations. See section 135-33.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

State trunk and US highway. Property which adjoins any state trunk highway or United States Highway shall provide setbacks for the yard adjoining the highway in each category:

a.

Minimum front yard: 80 feet;

b.

Minimum side yard: 25 feet;

c.

Minimum rear yard: 50 feet.

(2)

County trunk highway. Property which adjoins any county trunk highway or any local road shall provide setbacks for the yard adjoining the highway in each category:

a.

Minimum front yard: 50 feet;

b.

Minimum side yard: 25 feet;

c.

Minimum rear yard: 25 feet.

(e)

Permitted uses. All structures associated with all permitted uses shall be located at least 40 feet from any residential zoning district boundary line.

(1)

Commercial bakeries;

(2)

Commercial greenhouses;

(3)

Data processing;

(4)

Distributors;

(5)

Farming except operated for the disposal of sewage, rubbish, or offal; fur farms; stock farms and poultry farms;

(6)

Forestry, open spaces;

(7)

Offices; business, professional and public;

(8)

Hotels and motels;

(9)

Individual retail stores offering personal and business goods and services;

(10)

Machine shops;

(11)

Mail order houses;

(12)

Manufacture and bottling of nonalcoholic beverages;

(13)

Office, storage, power supply and other such uses normally incidental to the principal use;

(14)

Retail sales of on-site producers;

(15)

Storage and warehousing establishments;

(16)

Trade and contractor's offices;

(17)

Utilities;

(18)

Warehousing and wholesaling.

(f)

Conditional uses. All industrial district conditional uses except:

(1)

Junkyard and wrecking yards;

(2)

Stock yards;

(3)

Mineral extraction and non-grain farms;

(4)

Drive-in establishments;

(5)

Shopping or service centers containing two or more establishments.

(g)

Outdoor storage. No outdoor storage shall be permitted unless it is screened from view from all directions and sides.

(Code 1999, § 18.31)

(a)

Purpose. This district is intended to provide a suitable environment for industrial development.

(b)

Lot size regulations. See section 135-33.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

Minimum front yard: 25 feet.

(2)

Minimum rear yard: 40 feet.

(3)

Minimum side yard: 40 feet.

(e)

Permitted uses. All structures associated with all permitted uses shall be located at least 40 feet from any residential zoning district boundary line.

(1)

Agricultural machinery sales and repair;

(2)

Auto body repair;

(3)

Commercial greenhouses;

(4)

Commercial bakeries;

(5)

Distributors;

(6)

General farming except farms operated for the disposal of sewage, rubbish, or offal; fur farms; stock farms and poultry farm;

(7)

Forestry, open spaces;

(8)

Gas stations;

(9)

Machine shops;

(10)

Manufacture and bottling of nonalcoholic beverages;

(11)

Office, storage, power supply and other such uses normally incidental to the principal use;

(12)

Trade and contractor's offices;

(13)

Truck terminals;

(14)

Utilities;

(15)

Warehousing wholesaling.

(f)

Conditional uses.

(1)

Manufacture, fabrication, processing, packaging, and packing of: Confections; cosmetics; electrical appliances; electronic devices; food; instruments; jewelry; pharmaceuticals; tobacco; toiletries.

(2)

Manufacture, fabrication, packing, packaging, and assembly of products from: Fur, glass, leather, metals, paper, plastics, plaster, textiles, tobacco, or wood.

(3)

Buildings and premises used for: Printing or publishing; storage and sale of machinery and equipment; airport, air strips, and landing fields; animal hospitals or pounds; commercial service facilities such as restaurants and fueling stations if oriented towards serving the surrounding industrial uses; municipal buildings except penal or correctional institutions or asylums; sewage disposal plants; contractor's storage yard; public passenger transportation terminals, such as heliports, bus and rail depots; community centers and libraries; fairgrounds; public emergency shelters; parks and playgrounds; public warehouses and storage yards; and public garbage incinerators.

(4)

Manufacturing and processing of: Abrasives; acetylene; acid; alkalies; ammonia; asbestos; asphalt; batteries; bedding; bleach; bone; cabbage; candles; carpeting; cellulose; cement; cereals; charcoal; chemicals; chlorine; coal; coffee; coke; cordage; creosote; dextrine; disinfectant products; dye; excelsior, fish; feet; fuel; furs; gelatin; glucose; gypsum; hair; ice; ink; insecticide; lampblack; lime; linoleum; matches; meat; oil cloth; paint; paper; peas perfume; pickle; plaster of Paris; plastics; poison; polish; potash products; pulp; pyroxylin; radium; rope; rubber; sausage; starch; textiles; varnish.

(5)

Manufacturing, processing, and storage of: Building materials; dry ice; explosives; fat; fertilizer; flammables; gasoline; glue; grains; grease; lard; radioactive materials; shellac; soap; turpentine; vinegar; yeast.

(g)

Other conditional uses. Animal reduction; bag cleaning; bleacheries; canneries; cold storage warehouses; electric and steam generating plants; electroplating; enameling; forges; foundries; incinerators; junkyard; lacquering; lithographing; manufacturing and bottling of alcoholic beverages; refineries; road test facilities; slaughter houses; smelting; stockyards; tanneries; weaving; wrecking yard; planned unit developments; farms operated for the disposal of sewage, rubbish or offal, fur farms, stock farms and poultry farms; mineral extraction, quarrying; utility shops; grain and feed mills.

(Code 1999, § 18.32)

(a)

Purpose. This district is intended to provide a suitable environment for agricultural practices.

(b)

Lot size regulations.

(1)

Minimum area: five acres.

(2)

Minimum width: 300 feet.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

Minimum front yard: 50 feet.

(2)

Minimum side yard: 30 feet.

(3)

Minimum rear yard: 30 feet.

(4)

Property adjoining highways. Property which adjoins any county trunk highway, state trunk highway or United States Highway shall provide setbacks for the yard adjoining the highway in each category:

a.

Minimum front yard: 50 feet;

b.

Minimum side yard: 30 feet;

c.

Minimum rear yard: 30 feet.

(5)

Permitted uses.

a.

General farming and necessary appurtenant structures, except fur farms and farms operated for the disposal of garbage, rubbish, offal or sewage, stock farms and poultry farms.

b.

Truck gardening, nurseries and greenhouses only for the propagation of plants.

c.

Dwelling, single-family, and necessary appurtenant structures on any operating farm for occupancy by those employed in connection with the farm operation and their families.

d.

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

e.

Forestry, open space harvesting of wild crops.

(6)

Conditional uses.

a.

Those uses listed as conditional uses in the R-1 district;

b.

Airports, airstrips and landing fields;

c.

Kennels;

d.

Mineral extraction, quarrying;

e.

Fur farm, stock farms and poultry farms;

f.

Radio and television towers;

g.

Roadside stands for the sale of farm products;

h.

Sanitary landfill;

i.

Microwave transmission towers.

(Code 1999, § 18.33)

(a)

Purpose. The purposes of the EA district are to preserve agricultural land, protect productive farms, maintain a viable agricultural base to support agricultural processing and service industries, prevent conflicts between incompatible uses, reduce costs of providing services to scattered nonfarm uses, pace and shape urban growth, implement the provisions of the county farmland preservation plan and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Wis. Stats. subch. IX, ch. 71.

(b)

Lot size regulations. Minimum area: 35 acres.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations. Property which adjoins any county, state or United States Highway shall provide setbacks for the yard adjoining the highway in each category:

(1)

Minimum front yard: 80 feet;

(2)

Minimum side yard: 30 feet;

(3)

Minimum rear yard: 30 feet.

(e)

Permitted uses.

(1)

Agricultural uses: Beekeeping; commercial feedlots; dairying; egg production; fish or fur farming; floriculture; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts, berries, vegetable raising; sod farming.

(2)

Agriculturally-related residences:

a.

The only residences allowed are those which are to be occupied by a person who, or a family with at least one member of which, earns a substantial part of his livelihood from farm operators on a farm parcel, or a parent or child of the farm operator.

b.

Pre-existing residences located in areas subject to the EA district under this section which do not conform to this section may be continued in residential use and shall not be subject to any limitations imposed or authorized under Wis. Stats. § 59.69(10). Such preexisting residence may be altered, repaired or rebuilt if destroyed, but are subject to setback, height and other dimensional requirements.

(3)

Utility uses: Gas and electric utility uses not requiring authorization under Wis. Stats. § 196.491.

(4)

Home occupations and professional offices. Home occupations and professional offices conducted within and accessory to a permitted agricultural residence.

(f)

Conditional uses.

(1)

Dams and flowages;

(2)

Facilities for the centralized bulk collection, storage and distribution of agricultural products to wholesale and retail markets;

(3)

Facilities used in processing of agricultural products;

(4)

Facilities used to provide veterinarian services for livestock;

(5)

Governmental uses such as fire and police stations, highway storage garages, solid waste disposal and sewage treatment plants, gravel pits and quarries, schools, parks and campgrounds and airports, and landing strips;

(6)

Other agricultural-related, religious, utility, institutional or governmental uses similar to those listed in subsection (e) of this section which are compatible with the purposes of this district, which do not conflict with agricultural use and which are found necessary in light of alternative locations available for such uses;

(7)

Paddocks;

(8)

Religious uses such as churches, schools and cemeteries;

(9)

Sale and service of machinery used in agricultural production;

(10)

Sawmills;

(11)

Stables;

(12)

Temporary housing for seasonal setback farm labor;

(13)

The storage and sale of seed, feed, fertilizer and other products essential to agricultural production.

(g)

Standards for conditional uses. The department of agriculture, trade and consumer protection shall be notified of the approval of any conditional uses. In passing upon applications for conditional uses, the plan commission shall consider the following relevant factors:

(1)

The statement of purposes of the zoning ordinance and the EA district.

(2)

Potential for conflict with agricultural use.

(3)

Need of the proposed use for a location in an agricultural area.

(4)

Availability of alternative locations.

(5)

Compatibility with existing or permitted uses on adjacent lands.

(6)

Productivity of the lands involved.

(7)

Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted.

(8)

Need for public services created by the proposed use.

(9)

Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.

(10)

The effect of the proposed use on water or air pollution, soil, erosion and rare or irreplaceable natural resources.

(Code 1999, § 18.34)

(a)

Purpose. This district is intended to protect natural resources. Generally, this district may include swamps, marshlands, river and lake shore and other land of natural aesthetic value.

(b)

Lot size regulations. See section 135-33.

(c)

Height regulations. Maximum height: 35 feet.

(d)

Yard and setback regulations.

(1)

Minimum front yard: 30 feet.

(2)

Minimum side yard: See section 135-33.

(3)

Minimum rear yard: 35 feet.

(e)

Permitted uses.

(1)

General farming provided no drainage, filling or dredging takes place and no farm buildings are constructed.

(2)

The harvesting of any wild crop such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds. Sustained yield forestry, open spaces.

(3)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(4)

Hunting and fishing.

(5)

Preservation of scenic, historic and scientific areas, wildlife preserves.

(6)

Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish.

(7)

Hiking trails and bridle paths.

(8)

Public and private parks.

(9)

Golf courses.

(10)

Managed prairies.

a.

The owner of any lot or parcel of land situated within the village, whether the same is improved or unimproved, vacant or occupied, shall conform to the regulations herein provided.

1.

Such owner shall cause the following to be removed, cut or otherwise destroyed:

A.

Noxious weeds as defined in section 14-70, Village of Lomira Ordinance.

B.

Weeds as defined by State of Wisconsin Statutes and Department of Natural Resources.

2.

No property owner should intentionally plant or allow growth of any species found to be invasive by the State of Wisconsin Department of Natural Resources.

3.

Property owners are required to provide a management plan for the removal of these species, using the least environmentally impactful techniques for control.

4.

Prairie permit required. Property owners upholding managed natural landscaping of intentionally planted and maintained areas of biodiverse native vegetation include butterfly gardens, prairies, meadows, forest, rain gardens, and low-maintenance native groundcovers must obtain a prairie permit issued by the Board of the Village of Lomira.

A.

Such permit application will be provided by the village clerk.

B.

Upon Board approval, permit is valid for one calendar year (January to December).

C.

The Village shall limit prairie permits to six permits per year. The board may allow more than six permits per year as they see fit.

5.

Managed natural landscaping of intentionally planted and maintained areas of biodiverse native vegetation are permitted provided preexisting non-native vegetation was removed prior to planting and the managed area is free of weeds as defined in section 14-70. Managed natural landscaping of native plant communities grown through their natural annual cycle is encouraged. Examples of natural landscaping include butterfly gardens, prairies, meadows, forest, rain gardens, and low maintenance native groundcovers. These plantings provide benefits to the community including habitat for pollinators; reducing surface water runoff; lower pesticide, synthetic fertilizer and fossil fuel use; reduced greenhouse gas emissions and carbon sequestration.

6.

Such owner of a managed natural landscaping of intentionally planted and maintained areas of biodiverse native vegetation shall cut or mow or cause to be cut or mowed to a height not exceeding six inches such vegetation growing within five feet of the interior side or rear lot line in order to prevent the same from blooming or going to seed, or within ten feet of the street side or front lot line in order to not obstruct vision for ingress and egress and to prevent the same from blooming or going to seed, provided, however, that abutting property owners may agree to waive this requirement along their mutual side or rear property lines, but not within ten feet of the street side or front lot line in order to maintain a clear line of vision. Such written agreement shall be signed by adjoining property owners and document filed in the clerk's office.

7.

Other than a managed natural landscaping as noted above, such owner shall cut or mow or cause to be cut or mowed any other non-woody plant growth exceeding a height of six inches.

8.

No dumping, substandard structure or stagnant water will be permitted in conjunction with unmowed plant growth. It shall be the responsibility of the owner to remove any materials dumped in an unmowed area of a lot, whether or not he or she is responsible for their having been deposited on the property. Suitably managed compost piles are not restricted by this provision.

b.

Whoever violates or fails to comply with this section, after having been notified of the violation in the manner specified in section 1-8.

(f)

Conditional uses. Dams, power plants, flowages; filling, drainage, dredging; nonresidential farm structures; piers, docks, boathouses not for human occupancy; ponds; utilities; relocation of watercourses; and removal of topsoil or peat.

(Code 1999, § 18.35; Ord. No. 345, 5-10-2023)

(a)

Purpose. This district is intended to protect the public health, safety and general welfare, and to minimize flood losses in areas subject to flood hazard.

(b)

General provisions.

(1)

Application. The provisions for this district apply to all floodplains of rivers and streams in the village for which regional flood data, as defined in section 135-5 are not available. As regional flood data becomes available for portions of this district, such portions shall be placed in the regional floodplain or regional floodway district, as appropriate.

(2)

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

(3)

Description of district. The floodplain district shall include all lands so mapped on the official zoning map.

(4)

Special provisions. The following regulations shall apply to all uses within the floodplain district, notwithstanding that such uses may be specifically permitted under the terms of this section.

a.

The flood protection elevation or height shall correspond to a point two feet above the flood elevation or flood profile shown on or attached to the flood map for a particular area. When flood elevation or flood profiles are not available for delineated floodplains, the flood protection level shall be two feet above the estimated regional flood elevation as determined through the conditional use procedures in section 135-102(b).

b.

No structure temporary or permanent, fill, including fill for roads and levees, deposit, obstruction, storage of materials, or floodplain uses shall be permitted that adversely affects the storage capacity of the floodplains based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.

c.

No floodplain uses shall adversely affect the efficiency of or unduly restrict the capacity of the channel or floodway of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

d.

Compliance with the provisions of this section shall not be grounds for the removal of lands from the floodplain district unless such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district.

(5)

Warning and disclaimer of liability. The degree of flood protection intended to be provided by this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. Therefore, this section does not imply that areas outside of the designated floodplain district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages. Nor shall this section create a liability on the part of, or a cause of action against, the village or any officer or any employee thereof for any flood damage that may result from reliance on this section.

(6)

Floodproofing. Conditional uses requiring floodproofing measures, such as the following, shall be designed consistent with the flood protection elevation for the particular area and flood velocities, forces and other factors associated with the flood protection elevation. The plan commission shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area.

a.

Anchorage to resist flotation and lateral movements.

b.

Installation of watertight doors, bulkhead and shutters.

c.

Reinforcement of walls to resist pressures.

d.

Use of paints, membranes or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight to structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

g.

Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.

h.

Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.

i.

Construction to resist rupture or collapse caused by water pressure or floating debris.

j.

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

(7)

Interpretation. The interpretation and application of the provisions of this section shall be held to be minimum requirements liberally construed in the favor of the village board, and shall not be deemed a limitation on or the repeal of any other powers granted by the state statutes. Where a provision of this section is required by a standard in Wis. Admin. Code ch. NR 116, and where the section provision is unclear, the provision shall be interpreted in light of Wis. Admin. Code ch. NR 116 standards in effect on the date of the adoption of the ordinance from which this section is derived or in effect on the date of the most recent text amendment to this section.

(c)

Lot size regulations. See section 135-33.

(d)

Height regulations. Maximum height: 35 feet.

(e)

Yard and setback regulations.

(1)

Minimum front yard: 30 feet.

(2)

Minimum side yard: See section 135-33.

(3)

Minimum rear yard: 35 feet.

(4)

Minimum water setback: 75 feet.

(f)

Permitted uses. The following open space and agricultural uses:

(1)

General farming provided no drainage, filling or dredging takes place and no farm buildings are constructed.

(2)

The harvesting of any wild crop such as marsh-hay, ferns, moss, wild rice, berries, tree fruits and tree seeds.

(3)

Sustained yield forestry.

(4)

Public and private recreational uses not requiring permanent or temporary structures designed for human inhabitation such as:

a.

Bridle paths;

b.

Fish hatcheries;

c.

Game farms;

d.

Golf courses;

e.

Hunting, fishing and hiking areas;

f.

Parks and swimming areas;

g.

Picnic grounds;

h.

Scenic, historic and scientific areas;

i.

Wildlife and nature preserves;

(5)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(6)

Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish.

(g)

Conditional uses.

(1)

Structures accessory to permitted uses. Structures accessory to permitted uses, whether temporary or permanent, may be permitted only upon a determination by the village plan commission pursuant to a finding under the procedure required by section 135-102, conditional uses of this Code that:

a.

Structures will not be designed for human habitation;

b.

Structures will have a low flood damage potential;

c.

The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters:

1.

Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of the flow of floodwaters.

2.

So far as practicable, structures will be placed so their longitudinal axes are approximately on the same line as those of adjoining structures.

d.

Structures will be firmly anchored to prevent the structure or building from floating away and thus threatening to further restrict bridge opening and other restricted sections of the stream or river.

e.

Service facilities such as electrical and heating equipment will be at or above the flood protection elevation for the particular area.

(2)

Other structures temporary or permanent. Other structures temporary or permanent may be permitted only upon a finding by the plan commission that:

a.

Such structures shall comply with subsection (g)(1)c, d and e of this section.

b.

The first floor, or basement floor of a structure to be erected, constructed, reconstructed, or moved on the floodplain shall be constructed on fill at or above the flood protection elevation for the particular area. The fill shall be not less than one-foot above the flood elevation for the particular area and the fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon.

c.

Such structures shall not be in the floodway as determined through subsection (b) of this section.

(3)

Fills or deposition of materials. Fills or deposition of materials may be permitted only upon a finding by the plan commission that:

a.

Any fill or deposition of materials will comply with subsection (b) of this section.

b.

The fill or deposition of materials will have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put.

c.

The fill or deposition of materials does not encroach on the channel area between the ordinary high water marks on each bank of the stream unless a permit has been granted by the department of natural resources pursuant to Wis. Stats. § 30.12 and the other requirements of this section are met.

d.

The fill of other materials will be protected against erosion by rip-rap, vegetative cover or bulk heading.

(4)

Injurious materials. The storage or processing of materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, shall be at or above the regional flood protection elevation for the particular area or floodproofed in compliance with subsection (b) of this section.

(5)

Utility facilities. Utility facilities such as dams, flowage areas, pipelines, power plants, water monitoring devices; development subject to permits and regulations pursuant to Wis. Stats. chs. 30 and 31; piers, docks and boathouses; and nonresidential farm structures.

(6)

Dredging, grading, and lagooning. Dredging, grading, and lagooning in compliance with section 135-165.

(Code 1999, § 18.36)