Maple Bluff Village
City Zoning Code
City Zoning Code
ARTICLE 3
Land Use Descriptions and Standards
§ 225-3-1 Article purpose and applicability.
A.
This article includes descriptions and performance standards for each of the land use types listed in Figure 225.2.1 as a permitted, conditional, or allowed temporary use in at least one zoning district.
B.
Performance standards included in this article, including parking space minimums, shall be met as part of new and expanded land uses within the corresponding land use category after June 12, 2025, except by conditional use permit. Performance standards shall not apply retroactively to pre-existing land uses that are not expanding in area or in scope, except where otherwise specifically indicated in this Article 3.
D.
New and expanded buildings and other structures associated with listed land uses shall be subject to dimensional requirements in Figure 225.2.2 and to design requirements in Article 4 to the extent made applicable under that article.
E.
In cases of mixed-occupancy or mixed-use buildings or sites, the regulations for each land use shall apply to the portion of the building or site so used.
§ 225-3-2 Residential land use types.
A.
Single-family residence.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit or nonresidential principal building.
(2)
Performance standards:
(a)
Minimum finished floor area including attached garage shall be 1,000 square feet.
(b)
The residence shall be attached to a finished, permanent foundation, such as a concrete basement, slab, or crawl space.
(c)
The single-family residence may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas, generally intended for an extended family member or adult child, subject to the following standards:
[1]
At least one permanent interior, non-locking accessway connecting all spaces in the residence is required. Connections through attics, unfinished basements, garages, porches, or non-living areas shall not be sufficient to meet this requirement.
[2]
Direct access to the separated portion of the residence from the building exterior shall be incidental and via exterior porches, patios, and decks only.
[3]
The building shall appear from the outside as one single-family residence.
[4]
A separate address and utility connection or meters are not permitted.
(d)
May be a manufactured home as defined in § 225-9-3 and required by federal law to be allowed where "stick-built" single-family residences area allowed, provided that the manufactured home meets all requirements of this subsection; all state, federal, and Village construction requirements; and the building design requirements of § 225-4-2. No mobile home as defined in § 225-9-3 is permitted in the Village.
(e)
Pursuant to Wisconsin law, adult family homes as defined in § 50.01(1)(a) or (b), Wis. Stats., and community living arrangements as defined in §§ 46.03(22) and § 48.743(1), Wis. Stats. for eight or fewer persons are permitted uses within the R-A, R-B, and CM Districts; and community living arrangements for nine to 15 persons are conditional uses in the R-A and R-B Districts and permitted uses in the CM District. To the extent permitted by federal law, community living arrangements and adult family homes shall meet the requirements of § 62.23(7)(i), Wis. Stats.
(f)
No single-family residence may be rented to a single family for a period of six or fewer days. Any single-family residence rented for a period of more than six but fewer than 30 consecutive days to any single family ("medium-term rental residence") may serve as a medium-term rental residence for a maximum of 180 consecutive days in any calendar year. The owner, manager, or operator of each medium-term rental residence shall obtain a license from the Village, provide a copy of any required state license to the Village Clerk, and notify the Village Clerk of the first such rental date in each calendar year.
(g)
Minimum required off-street parking: two spaces.
B.
Two-family or townhouse residence.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a single building containing two to eight attached dwelling units, with each dwelling unit having its primary individual access to the outdoors and sharing at least one common wall with an adjacent dwelling unit.
(2)
Performance standards:
(a)
Buildings shall have no common hallways, except within any approved underbuilding parking area.
(b)
A building code-required, fire rated wall must separate the dwelling units from the lowest level to flush against the underside of the roof.
(c)
Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.
(d)
Minimum habitable floor area of each dwelling unit shall be 800 square feet.
(e)
Each such building proposed to be built as or converted to a zero lot line structure, as defined in § 225-9-3, shall meet the following additional performance standards:
[1]
The building shall meet the front, side, and rear setbacks required for the applicable zoning district in which the residence is located, except that the yard with the shared wall shall have no minimum principal building setback.
[2]
The building permit applicant shall provide a signed agreement or covenant specifying maintenance standards for the common wall, exterior surfaces of the building to maintain a neat and harmonious appearance over time, and any other common features. Each such agreement or covenant shall be subject to Village Attorney approval, and then recorded against all affected properties and continually maintained by the property owners.
(f)
No unit in a two-family or townhouse residence may be rented to a single family for a period of six or fewer days. Any such residence rented for a period of more than six but fewer than 30 consecutive days to any single family ("medium-term rental residence") may serve as a medium-term rental residence for a maximum of 180 consecutive days in any calendar year. The owner, manager, or operator of each medium-term rental residence shall obtain a license from the Village, provide a copy of any required state license to the Village Clerk, and notify the Village Clerk of the first such rental date in each calendar year.
(g)
Minimum required off-street parking: two spaces per dwelling unit.
C.
Multiple-family residence.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a single building with three to eight individual attached dwelling units that does not fully meet the description of a "two-family or townhouse residence," or any single building with nine or more attached dwelling units. The same building may also contain other principal land uses such as ground-floor commercial uses, and accessory uses such as a common area, exercise room, or leasing office.
(2)
Performance standards:
(a)
Minimum habitable floor area of each dwelling unit shall be 500 square feet for each studio/efficiency unit, 700 square feet for each one-bedroom unit, plus 100 square feet for each added bedroom.
(b)
Shall be serviced by a manager with an office or residence fewer than 10 miles away.
(c)
Any project with 50 or more units shall have an on-site manager or maintenance person residing on site and a deliberately designed and improved common recreational facility.
(d)
All building entrances shall be secured, either by key or keyless entry provided to residents, with security cameras provided in parking lots (including underbuilding) and at common entryways.
(e)
Secured indoor storage areas shall be provided for at least 50% of dwelling units.
(f)
Heating and air conditioning shall be provided within all units and indoor common areas, except for enclosed parking areas, allowing for occupant control and not allowing in-window units.
(g)
Sound mitigation measures shall be provided in all shared walls and floors between separate units, with a minimum standard Sound Transmission Class meeting the requirements of § 1207 of the International Building Code.
(h)
No unit in a multiple-family residence may be rented to a single family for a period of six or fewer days. Any such residence rented for a period of more than six but fewer than 30 consecutive days to any single family ("medium-term rental residence") may serve as a medium-term rental residence for a maximum of 180 consecutive days in any calendar year. The owner, manager, or operator of each medium-term rental residence shall obtain a license from the Village, provide a copy of any required state license to the Village Clerk, and notify the Village Clerk of the first such rental date in each calendar year.
(i)
Minimum required off-street parking: one space per efficiency or one-bedroom dwelling unit; 1.5 space per two-bedroom unit; and two spaces per dwelling unit with three or more bedrooms, except that minimum parking spaces for any senior-restricted housing may instead be per a parking demand study submitted by the applicant and approved as part of the conditional use permit. In addition:
[1]
One enclosed (e.g., underbuilding, garage) parking space is required per dwelling unit, except for senior-restricted housing. Such parking is included within the above minimums.
[2]
Designated bicycle parking spaces shall be provided for residents and for guests.
[3]
Walkways shall be provided to and from building entrances, parking, public sidewalks, and bus stops.
D.
Executive residence.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a dwelling occupied by the current governor of the State of Wisconsin, the current governor's family, and such other persons designated by the state to provide security and other essential services (including within separate guard houses). The dwelling and grounds may be open to private and public tours, state law enforcement training, meetings of state personnel, and special events sponsored by the state or Wisconsin Executive Residence Foundation.
§ 225-3-3 Institutional and recreational land use types.
A.
Institutional and educational.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, typically indoor institutional and educational facilities such as libraries, museums, community centers, schools, training centers, group day-care centers, religious institutions, and memory and senior care facilities. Does not include any senior or assisted living facility where occupants occupy separate dwelling units (which are instead classified as a residential use in § 225-3-2), or any fitness center (except as an accessory use), country club (which is separately listed), marina (separately listed), arena, auditorium, convention center, boarding house, rehabilitation center, hospital, jail, prison, cemetery, or similar land use. Does not include any "little free library" installed as an accessory structure to a residential or other principal use.
(2)
Performance standards:
(a)
There shall be no overnight accommodations for any person, except in a memory or senior care facility.
(b)
Development shall provide an off-street passenger loading area and safe pedestrian and bicycle access.
(c)
Minimum required off-street parking: one space per five patrons at maximum capacity.
B.
Public recreation.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes all recreational land uses located on public property or a public easement, except for a country club or a marina which are separately listed uses. Public recreation land uses otherwise include public play courts (such as tennis or basketball courts not associated with a country club), playfields, playgrounds, picnic areas and shelters, swimming beaches, fishing areas, fitness courses, community gardens or orchards, public natural areas, the Scout cabin, Dailey cabin, and Beach Park shelter.
(2)
Performance standards:
(a)
All community gardens or orchards shall require issuance of a certificate of occupancy per § 225-8-13 prior to their establishment. The application shall include a plan that demonstrates consideration for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, and availability of parking.
C.
Country club.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes recreational facilities for country club members, residents, and invited guests, and includes buildings incidental to the operation of a country club.
(2)
Performance standards:
(a)
As a permitted use, all facilities and buildings associated with the operation of a golf course, tennis courts and platform tennis facilities, swimming pool, diving pool, and work-out facility. All other facilities and buildings that are not associated with a permitted use shall require a conditional use permit.
(b)
Notwithstanding dimensional standards in Figure 225.2.2, the minimum required yard for all buildings and recreational facilities shall be 150 feet, except that:
[1]
All tennis courts, the golf course, and their components such cart paths, protective netting, and accessory buildings, constructed and maintained within this minimum required yard existing as of June 12, 2025, are classified as permitted, conforming structures not in violation of any yard requirement, though such facilities may not be extended any further into the minimum yard.
[2]
See § 225-2-5E(5) for setback allowances for certain previously built structures.
[3]
There shall be no minimum yard abutting the railroad right-of-way.
(c)
Minimum required off-street parking: one space per five patrons at maximum building capacity.
D.
Marina.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, an establishment providing docking and mooring and related activities limited to the provisioning or minor repair of pleasure boats and yachts, a marina building, and accessory structures including restrooms and concessions other activities that are clearly incidental to the marina function.
(2)
Performance standards:
(a)
Fences, lighting, and other measures intended to provide security to the property and users may be installed and maintained, provided that all such fencing predominantly transparent and otherwise meets § 225-4-4.
(b)
No boat, boat trailer, or other vehicle shall be stored within a landscaped area or vehicular circulation area.
(c)
An off-street passenger loading area shall be provided.
(d)
Minimum required off-street parking: one space per 10 boats kept on the property at maximum capacity.
E.
Public service or utility.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes all municipal, county, state, or federal facilities (except those separately listed in this article); protective service facilities; utility substations and distribution facilities; water towers; and similar land uses. Does not include facilities that generate power that is primarily for off-site distribution and use, except where conducted as an accessory use to another permitted public service or utility use.
§ 225-3-4 Commercial land use types.
A.
Office.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with minimal service to customers on-site. Office uses that are accessory to a principal residential use of a property are instead regulated as home occupations if meeting applicable requirements of this article.
B.
Sales, service, or rental.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a typically indoor land use whose primary function is the sales, service, and/or rental of merchandise or equipment, and/or the provision of one or more professional or personal services directly to an individual on a walk-in or on-appointment basis. Does not include any sales or service use accessory to a principal residential use of a property, which is instead regulated as a "home occupation." Does not include any other land use type that is separately listed in this section.
(2)
Performance standards:
(a)
The following sales, service, or rental land uses are permitted by right in the CM Zoning District, except where such use includes a drive-in, drive-up, or drive-through facility.
Figure 225.3.1: Permitted Sales, Service, or Rental Land Use Types | |
|---|---|
Art, office, stationery, and/or school supply store | Graphic or similar design services |
Artisan studio | Grocery store |
Baked goods sales (not commercial bakery for off-site sale) | Health care office or clinic (but with no inpatient care and not hospitals) |
Bank or credit union (not convenient cash, payday loan, installment loan, cash for gold, or similar businesses) | Household goods store (including clocks) |
Barber or beauty shop | Information technology services |
Bicycle sales and service | Insurance and/or financial services |
Book store | Jewelry store |
Butcher shop (not commercial butcher for off-site sale) | Music store |
Clothing and shoe sales and repair | Nail salon |
Confectionary, candy, and/or ice cream store | Optical store |
Consulting services | Photographic studio |
Delicatessen | Real estate agency |
Florist and/or plant shop (not garden center) | Toy and/or game sales |
Gift store (not sexually-oriented) | Travel agency |
(b)
Except where the land use is otherwise specifically identified and regulated elsewhere in § 225-3-4 and Figure 225.2.1, or not allowed in the Village under Subsection B(2)(c) below, all other sales, service, or rental uses shall require a conditional use permit. These include but are not limited to any such use including any drive-through, drive-up, or drive-in facility; antique, collectible, and hobby shops; automotive parts sales (not including vehicle service or repairs); car washes; convenience stores; department or variety stores; drug store/pharmacies; electronics and mechanical repair service businesses (not including any small engine repair); furniture and floor covering sales and repair stores; hardware and home improvement stores; household good maintenance and repair; liquor sales; tobacco sales; paint and wallpaper sales; phone sales; secondhand stores; laundromat; massage therapy businesses, medical research laboratories; small animal veterinary clinics and/or pet grooming; sexually-oriented businesses; tattoo or body piercing businesses.
(c)
The following uses are prohibited within the Village: motor vehicle and small engine repair and service (except e-bikes); vehicular fueling stations (not including accessory vehicular charging equipment); firearm sales and service stores; junkyards and salvage yards; pawn shops; convenient cash, payday loan, installment loan, cash for gold, or similar businesses; personal storage facilities (mini-warehouses); veterinary clinics catering to animals larger than domestic dogs and/or requiring outdoor kennels; animal boarding; CBD, vape, THC, and/or other establishments primarily selling non-alcohol intoxicating materials.
(d)
All loading and outdoor trash and recyclable storage shall be permitted only where clearly depicted and labeled on the approved site plan and meeting requirements of § 225-4-5. Loading and unloading shall not occur outside of the hours of 6:00 a.m. to 11:00 p.m.
(e)
Outdoor merchandise display and activities shall be allowed only where clearly depicted on the approved site plan; not exceeding 25% of the floor area of the principal use with which they are associated; meeting all applicable accessory structure setbacks per Figure 225.2.2; not affecting visibility and separated from motor vehicle routes, walkways, and parking spaces by a physical barrier; and not for any sexually-oriented business. When merchandise is fully removed from any approved display area, or the outdoor activity ceases, all support furniture and fixtures shall be immediately removed. Seasonal garden shops, tent sales, flea markets, seasonal roadside stands, Christmas tree lots, fireworks stands, and food trucks are not allowed on private property in the Village.
(f)
Any assembly, repair, or maintenance service shall be performed inside of an enclosed building with doors and windows to the building closed, and no detectable noise, odor, or vibration at any property line or other side of a common wall. Indoor floor area devoted to any assembly, repair, or maintenance service shall not exceed 25% of the total floor area allocated to the principal use, and may be required to be physically separated from other areas available for public access. Any products assembled on site must be sold or rented on site.
(g)
Each approved drive-up or drive-through lane shall be designed to provide for vehicle movement and stacking that does not impede or impair vehicular and pedestrian traffic movement, extend into the public street right-of-way, or exacerbate the potential for pedestrian/vehicular conflicts.
[1]
Minimum required off-street parking: one space per 300 square feet of floor area.
C.
Restaurant or cafe.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, a type of land use in which food and/or beverages are prepared and sold on-site and greater than 80% of total sales are derived from sales of food and/or non-alcoholic beverages. Such land uses include coffee, tea, smoothie, and related shops that specialize in the sale of non-alcoholic beverages. Any eating or drinking establishment that includes a vehicular drive-up, drive-through, or drive-in facilities (excepting short-term parking in a designated parking space for food carry-out by pedestrians) shall instead be classified as an "entertainment or lodging" land use regulated in Subsection D below.
(2)
Performance standards:
(a)
All loading and outdoor trash and recyclable storage shall be permitted only where clearly depicted and labeled on the approved site plan and meeting requirements of § 225-4-5. Loading and unloading shall not occur outside of the hours of 6:00 a.m. to 11:00 p.m.
(b)
Outdoor activities shall be allowed only where clearly depicted on the approved site plan; not exceeding 25% of the floor area of the principal use with which they are associated; meeting all applicable accessory structure setbacks per Figure 225.2.2; and not affecting visibility but separated from motor vehicle routes, walkways, and parking spaces by a physical barrier. When outdoor activity ceases, including seasonally, all support furniture and fixtures that support the activity shall be immediately removed.
(c)
Minimum required off-street parking: one space per every four patrons based on interior seating capacity, or at maximum indoor fire capacity if no seating layout provided.
D.
Entertainment or lodging.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes land uses that provide commercial entertainment or lodging services within an enclosed building, except as permitted under § 225-3-2A(6). Lodging uses require more than one individual room or suite of rooms, with each room or suite having a private bathroom, including hotels and inns. Also includes eating and drinking establishments not meeting the description or standards for "restaurant or cafe" land uses; taverns; nightclubs; cigar bars; brewpubs; theaters; health or fitness centers; indoor swimming pools; dance, art, martial arts, and other forms of training studios; bowling alleys; arcades; roller rinks; indoor shooting, archery, and axe ranges; indoor amusement facilities; and pool halls. Does not include outdoor commercial swimming pools, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, and shooting ranges. Uses that serve or allow the consumption of alcohol outdoors must also meet requirements associated with the separately listed outdoor alcohol area land use.
(2)
Performance standards:
(a)
All loading and outdoor trash and recyclable storage shall be permitted only where clearly depicted and labeled on the approved site plan and meeting requirements of § 225-4-5.
(b)
Outdoor activities shall be allowed only where clearly depicted on the approved site plan; not exceeding 25% of the floor area of the principal use with which they are associated; meeting all applicable accessory structure setbacks per Figure 225.2.2; not affecting visibility but separated from motor vehicle routes, walkways, and parking spaces by a physical barrier; and not allowed for any sexually-oriented business under any circumstance. When outdoor activity ceases, including seasonally, all support furniture and fixtures that support the activity shall be immediately removed.
(c)
Drive-up, drive-through, and drive-in facilities are allowed only in association with land use types in this category that provide prepared foods. This shall not prohibit short-term parking in a designated parking space for carry-out by pedestrians for other uses. Each approved drive-up or drive-through lane shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.
(d)
In its approval of any conditional use permit, the Village may establish minimum required stays or other occupancy limits on any lodging use to the extent consistent with state law.
(e)
Minimum required off-street parking: one space per every four patrons based on interior seating capacity, or at maximum indoor fire capacity if no seating layout provided.
E.
Telecommunications facility.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, includes all broadcasting, receiving, or relay structures, and similar principal land uses and facilities. Required by Wisconsin Statutes to be allowed within all zoning districts and subject to limited requirements. Does not include any facility described elsewhere in this article as a "small exterior communication or energy system."
(2)
Performance standards:
(a)
The application for conditional use permit and site plan approval materials required under § 66.0404(2)(b), Wis. Stats., in addition to requirements under this chapter.
(b)
If the intent is to construct a new, freestanding telecommunications facility, the application must include an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the telecommunications facility attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
(c)
Each permitted telecommunications facility shall be placed or constructed so it may be utilized for the co-location of antenna arrays to the extent technologically and economically feasible. The holder of a permit under this subsection shall make the co-location sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing co-location sites and a fair investment return.
(d)
Telecommunications facilities and associated equipment shall, to the extent possible, match the color of existing facilities and be installed in a fashion to lessen the visual impacts of such installation. Accessory buildings shall meet requirements in § 225-2-2 and Figure 225.2.2.
(e)
A new or amended conditional use permit and site plan shall be required for "substantial modifications" to an existing telecommunications facility, as that term is defined in § 66.0404(1)(s), Wis. Stats. Neither a conditional use permit nor site and building plan approval shall be required for any modification that is not defined as a "substantial modification," but a building permit is required.
(f)
A conditional use permit shall not be required for co-location on a proposed or existing telecommunications facility, provided the co-location does not result in a "substantial modification," as that term is defined in § 66.0404(1)(s), Wis. Stats.
(g)
The applicant shall provide a written agreement stating that if the telecommunications facility, antennas, or transmitters are unused for a period exceeding 12 months, the applicant shall remove the facility including all associated equipment upon written request from the Zoning Administrator at no cost to the Village within 60 days of such request.
(h)
The owner of any telecommunications facility shall maintain insurance against liability for personal injury, death, or property damage caused by its maintenance and/or operation.
(i)
The limitations under the applicable §§ 66.0404(4) or 66.0406(2), Wis. Stats., shall apply to the Village review of any application for a telecommunications facility,
§ 225-3-5 Accessory and temporary uses and structures.
A.
Detached accessory structure.
(1)
Description. In zoning district(s) where allowed per Figure 225.2.1, an accessory structure serving a principal land use and building on the same parcel (e.g., a house), but not attached to the principal building, including but not limited to the accessory structures listed in Figure 225.3.2. Does not include any other accessory structure separately listed in this section, including accessory dwelling units, small exterior communication or energy systems, donation drop-off boxes or vending machines, and temporary portable storage containers or dumpsters. Does not include hoop sheds or any structure historically or typically used as a shipping container, which are not permitted in the Village.
Figure 225.3.2: Village Approval Assignments for Detached Accessory Structures* | |
|---|---|
Zoning Administrator Approval | Building Board Approval |
Arbors and trellises | Boathouses and boat shelters |
Outdoor kitchen; fixed installation barbequing equipment | Carports |
Dog or cat houses, shelters, and runs | Chicken coops and runs |
Detached decks, walkways, and patios not elevated aboveground surface | Detached decks, stairs, walkways, and patios elevated aboveground surface |
Fences, gates, walls, and netting meeting applicable requirements of Figure 225.2.2 and § 225-4-4 | Garages |
Fire pits and permanent outdoor fire places | Outdoor swimming pools, changing rooms, and other associated structures and equipment |
Flag poles | Recreation buildings such as gazebos, playhouses, treehouses, greenhouses, garden houses, and accessory offices |
Fountains meeting accessory structure heights in Figure 225.2.2. | Sheds |
Heating, ventilation & air-conditioning equipment | Sport courts and associated equipment |
Ornamental lights and sculptures meeting accessory structure heights in Figure 225.2.2. | Any other detached accessory structure not listed in the "Zoning Administrator Approval" column |
Playground equipment | |
"Little Free Libraries" of 6 sq. ft. or less | |
Note: *See also performance standard in Subsection A(2)(b) below. |
(2)
Performance standards:
(b)
Each detached accessory structure within the "Zoning Administrator Approval" column in Figure 225.3.2 is subject only to Zoning Administrator approval prior to installation, except when combined with a larger project that requires Building Board approval or when the Zoning Administrator determines that Building Board approval shall first be required based on unique circumstances and/or subjective design-related characteristics related to a requirement of this chapter. These, plus all detached accessory structures listed in the "Building Board Approval" column in Figure 225.3.2, shall be subject to Building Board approval prior to installation, per the procedure in § 225-8-5.
(c)
No detached accessory structure shall be constructed on any parcel prior to establishment of a principal use or principal building on that same parcel.
(d)
Each detached accessory structure shall be located on the same parcel as the principal use or building which it serves.
(e)
No detached accessory structure within a residential zoning district shall involve the conduct of any business, profession, trade, or other means of economic gain for any resident of the parcel except as allowed for a "home occupation" per § 225-3-5B.
(f)
No detached accessory structure shall be used as a dwelling unit.
(g)
Each detached accessory structure shall meet applicable dimensional requirements in Figure 225.2.2, subject to additional provisions and exceptions in § 225-2-5.
(h)
No sport court shall be lighted within any residential zoning district.
(i)
Outdoor swimming pools, changing rooms, and other structures serving each pool shall be subject to the following standards:
[1]
See Figure 225.2.2 and § 225-2-5E(1) for setback provisions.
[2]
All materials and methods in the construction, installation, alteration, addition, remodeling, plumbing, electrical, and other improvements shall be in accord with applicable state regulations and Village ordinances.
[3]
No swimming pool shall drain into any sanitary sewer nor overflow upon or cause damage to any adjoining property. Draining a swimming pool into public streets, other public property, directly into Lake Mendota, or the storm sewer system may occur only with the prior approval of the Public Works Director.
[4]
Each swimming pool shall be completely enclosed by a fence, wall, cover, or other protective device of sufficient strength to prevent access to the pool from a person weighing 250 pounds or less. Any fence or wall gate shall be securely closed and any such cover or other protective device shall be securely fastened when the swimming pool is not in use.
[5]
If a fence or wall is used for the required enclosure, such fence or wall shall be located not less than six feet from the pool edge; made of a non-corrosive material; designed and constructed to not be easily climbable or have voids, holes, or openings larger than four inches in any one dimension including from bottom; and meet fence and wall requirements in § 225-4-4 and Figure 225.2.2 (except as otherwise prescribed in § 225-2-5).
[6]
All fence openings or points of entry into a pool enclosure shall be equipped with gates or doors. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any building that forms a part of the enclosure.
[7]
All swimming pools shall be outfitted with a filtration system to ensure proper circulation of the water therein (providing one complete turnover of water every 18 hours) and maintenance of the proper bacterial quality, sides and bottom of a smooth hard surface of adequate structural strength, a pool vacuum to keep the bottom clean and dirt free, an automatic skimmer or overflow gutters which carry off surface scum or other foreign matter, and steps or ladders made of impervious material and easily cleaned.
(j)
This subsection shall be interpreted to allow use of tents and similar fabric structures in association with special events or in-yard camping by members of the family living on the premises for a period not exceeding 30 days.
B.
Home occupation.
(1)
Description. An economic activity that is accessory to a dwelling unit and provides income for one or more occupants of the dwelling unit, where the principal use of the parcel remains the residence of the person(s) conducting the economic activity. Includes any state licensed family child care home serving four to eight children.
(2)
Performance standards:
(a)
The home occupation shall be conducted only within the dwelling unit and/or an attached garage, except use of a detached building, such as for a home office, may be authorized by conditional use permit.
(b)
A home occupation shall be undertaken only by members of the family residing on the premises. No outside employees are permitted.
(c)
The area used to conduct the home occupation shall not exceed 25% of the first floor area of the dwelling unit, even if not conducted or only partially conducted on the dwelling's first floor.
(d)
There shall be no exterior alterations to the dwelling that change its character. Signage shall be limited to that allowed of any other dwelling in a residential zoning district in § 225-5-4.
(e)
No home occupation shall keep any stock-in-trade or include on-site sales or lease of any commodity, except for those made on the premises and that samples may be kept but not sold on the premises.
(f)
No activity, materials, goods, or equipment incidental to the home occupation shall be externally visible, except for one licensed car, van, or light duty truck used for the home occupation and resident.
(g)
There shall be no noise, odor, or vibration at any parcel line from the home occupation.
(h)
Appointments shall be limited to infrequent consultation, but not for the general practice of a profession (e.g., no medical, massage, or other personal service appointments).
(i)
No home occupation, combined with the principal residential use of the property, shall generate more than 15 vehicle trips per day, except for a family child care home serving four to eight children.
(j)
Accessory child care for fewer than four children and a state-licensed family child care home serving four to eight children (not including children of care provider) are permitted home occupations. Each family child care home serving four to eight children must be licensed by the state and follow rules and procedures in §§ 48.65 and 66.1017(1)(a), Wis. Stats., and DCF 202, Wis. Admin. Code.
C.
Small exterior communication or energy system.
(1)
Description. Equipment designed to facilitate personal communication to or from a premises, or to generate energy primarily for on-premises use. Such communication equipment does not include "telecommunication facilities" as separately described and regulated in this article and chapter, and includes antennas of 15 feet in height or less as measured from the highest part of the ground or roof to the top of the antenna, satellite dishes with a diameter of 20 inches or less, and other similarly small-scale equipment. Such energy generating equipment includes solar, wind, and geothermal energy systems that convert energy from the sun, wind, or earth into usable thermal, mechanical, chemical, or electrical energy, where such energy system is accessory to the principal use of the parcel, and primarily supplies energy to such principal use. Also includes electrical generators designed for home use. Does not include any outdoor solid fuel furnace, which are prohibited in the Village.
(2)
Performance standards:
(a)
May be attached to a principal or accessory building, or may be a stand-alone accessory structure(s), where all associated dimensional requirements in Figure 225.2.2 are met (except as otherwise allowed under § 225-2-5), including for underground equipment associated with such system.
(b)
Prior to installation or expansion, shall be subject to Building Board approval per § 225-8-5, except where provided under § 225-8-5D(1)(i) and including all application and notice requirements in PSC 128.30 through 128.34, Wis. Admin. Code, for all small wind energy systems and § 66.0401(4), Wis. Stats. for solar and wind energy systems. Following such approval, a building permit shall also be required.
(c)
Except by conditional use permit per the procedure in § 225-8-4:
[1]
Each roof-mounted solar panel shall be mounted flush to the roof surface, allowing for brackets and panel depth. This limitation shall not apply along flat roofs, or to other roofs where the panels will not be visible from another parcel or the public right-of-way.
[2]
No ground-mounted, aboveground small exterior communication or energy system shall be located in any minimum front or street side principal building setback area).
(d)
For each small wind energy system, shall meet applicable setback, height, noise, shadow flicker, signal interference mitigation, construction, operation, decommissioning, and other requirements of PSC 128, Wis. Admin. Code.
(e)
Shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. All electrical connections shall be located underground, within a building, or within a locked piece of equipment.
(f)
Shall be finished in rust-resistant, non-reflective finishes and colors.
(g)
Clearing of natural vegetation shall be limited to that necessary for the construction, operation, and maintenance of the system and as otherwise prescribed by applicable law.
(h)
No signs shall be permitted on any such system, except for manufacturer's identification and warning signs.
(i)
If the system is an electrical generator, it shall have a maximum 80 decibel manufacturer standard, positioned at least five feet from any residence unless a closer distance is advised safe per manufacturer documentation, and positioned at least five feet from any openable window.
(j)
Each geothermal energy system is subject to the following additional standards:
[1]
Mechanical pumps used to move water between heat exchangers and structures shall be located entirely within principal or accessory structures.
[2]
Shall comply with state requirements regarding setbacks from private or public water wells.
[3]
Earth moving or drilling activities associated with installation or maintenance of any underground element shall comply with applicable requirements in Chapter 115.
[4]
All activities, materials, structures, and products associated with the installation and maintenance of the system shall comply with applicable state-approved standards and drilling permit procedures and shall meet the certification standards established by the IGSHPA or other professional geothermal system accreditation association recognized by the State of Wisconsin. Materials shall be able to withstand long-term exposure to the levels of moisture and/or acidity of soils of the site.
[5]
Open loop systems using only water as the heat exchange fluid shall be permitted. Such systems may not be installed directly in a navigable body of water, and discharged water shall meet the state requirements for thermal and other water pollutants. Discharged water shall not be directed onto any adjacent parcel or interfere with the function of on-site or off-site stormwater management structures.
[6]
In closed loop systems, only heat exchange fluids certified by the State of Wisconsin for use with underground heat exchangers may be utilized. Heat exchange fluids shall not pose a contamination hazard to ground water quality. Fluids removed from closed loop heat exchangers shall be disposed of in accordance with state and federal requirements.
D.
Outdoor alcohol area.
(1)
Description. Outdoor alcohol areas are those designated for the service and/or consumption of alcohol outside of the principal building, often associated with an approved restaurant or tavern use including outdoor dining areas that allow alcohol consumption. Each outdoor alcohol area shall require a liquor license. Where a temporary use, the outdoor alcohol area shall require Village Board authorization, but shall not require a conditional use permit nor be subject to the performance standards below except where the Board authorization may require.
(2)
Performance standards. The following performance standards shall apply to each outdoor alcohol area that is not a temporary use, except where otherwise specified by conditional use permit or preempted by state law:
(a)
Shall be set back a minimum of 50 feet from any residentially zoned property.
(b)
Maximum allowable area shall not exceed 25% of indoor floor area.
(c)
May be required by conditional use permit to be enclosed with a fence, wall, or other barrier.
(d)
May be limited to no outdoor bar or service station, and/or to wait staff service only to patrons seated in the approved outdoor area.
(e)
Shall not open earlier than 6:00 a.m. or remain open later than 11:00 p.m. on any day.
(f)
The availability of adequate parking shall be a consideration in the conditional use permit process. No outdoor alcohol area shall reduce the number of parking spaces serving all uses on the premises below, or further below, the minimum required number for the principal use(s) on the parcel or in the development.
(g)
All conditional use permit applications for an outdoor alcohol area shall include operational and site plan details addressing each of the standards above plus submittal requirements for conditional use permit approval in § 225-8-4. Where such use is proposed to include or abut a public right-of-way, parking lot, or driveway, the application shall include details regarding the specific location of street, parking lot, or driveway improvements, and how the activity will be kept off of and separated from the street travel way, parking lot, or driveway.
E.
Garage, yard, estate, and in-home sales.
(1)
Description. Includes the short-term display and sales of household products in a single-family residence, or single-family residential garage, driveway, or yard, whether such sale is for one or multiple Maple Bluff resident families.