For the purpose of this chapter the Town is hereby divided into zoning districts which shall be designated as follows:

(1)

C-1 Conservancy District.

(2)

E-C Environmental Corridor District.

(3)

A-l Agricultural District.

(4)

A-2 Rural Home District.

(5)

A-3 Suburban Estate District.

(6)

R-1 Residential District.

(7)

R-2 Residential District.

(8)

R-3 Residential District.

(9)

P-1 Public District.

(10)

B-1 Restricted Business District.

(11)

B-2 Local Business District.

(12)

B-3 General Business District.

(13)

Q-1 Quarrying District.

(14)

M-1 Limited Industrial District.

(15)

M-2 General Industrial District.

(1)

DISTRICTS MAPPED. The boundaries of the districts are shown upon a zoning map of the Town, which map is made a part of this chapter and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by such maps were all fully described herein. Such map shall be kept on file in the offices of the Town and the copies attached hereto are correct only as of the date of publication and are for general informational purposes only.

(2)

DETERMINATION OF BOUNDARIES. District boundaries shall be determined by measurement from and as shown on the official zoning map, and in case of any questions as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this chapter.

(a)

Unless otherwise specifically indicated or dimensioned on the maps, the district boundaries are normally lot lines existing at the time of adoption of this chapter; section, quarter section or sixteenth section lines; or the centerlines of streets, highways, railways or alleys.

(b)

The boundaries of conservancy districts as drawn are intended to represent the edge of swamp, marsh, and floodland, or the high-water line along a stream or watercourse and shall be finally determined by the actual conditions in each specific situation, provided, however, that along a stream or watercourse such line shall not be less than 100 feet from the center of such stream or watercourse.

(1)

PERMITTED USES.

(a)

Grazing.

(b)

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

(c)

Hunting and fishing unless prohibited by other ordinances or laws.

(d)

Sustained yield forestry.

(e)

Dams and hydroelectric power stations.

(f)

Telephone, telegraph and power transmission lines.

(g)

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

(2)

SPECIFIC PROHIBITIONS. Filling or drainage of wetlands, removal of topsoil or peat, or damming or relocating of any watercourse shall not be permitted except with the approval of the Waukesha County Department of Parks and Land Use and the Town Plan Commission.

Environmental Corridor District, as mapped or intended to be mapped, includes nonwetland/floodplain primary or secondary environmental corridors as defined herein, and is intended to be used to preserve, protect, enhance and restore significant woodlands, upland wildlife habitat areas, scenic overlooks, slopes exceeding 12 percent and upland wooded areas, while also affording an opportunity to use the site for the limited residential purposes in concert with the goal and intent of the regional land use plan or locally adopted plan, which suggests that residential densities in such areas not exceed one unit per 5 acres for all parcels which lie entirely within the environmental corridor. Where questions arise as to the exact location of boundary of an environmental corridor, the extent and location of such corridors shall be finally determined by in-field investigation by a qualified engineer using the SEWRPC Technical Guide.

(1)

PERMITTED USES.

(a)

Any uses permitted in C-1 Conservancy/Wetland Districts.

(b)

Single-family dwellings.

(c)

Keeping of poultry and domestic livestock, except that the keeping of hogs, male goats or fur-bearing animals shall not be permitted on less than 20 acres.

(d)

The following accessory buildings and uses, subject to the conditions specified:

1.

Private garages, when located on the same lot, and not involving the conduct of a business; provided, however, that no private garage shall be erected unless that principal building to which such garage is an accessory use has been erected or is to be erected simultaneously with said garage.

2.

Quarters for household or farm employees; provided, however, that such quarters shall be occupied only by individuals employed full time on the premises and their families.

3.

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

(e)

A sign in accordance with §17.44(7)(a).

(f)

Hobby kennel in accordance with §17.44(10).

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 35 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 35 feet.

(b)

Accessory Building.

1.

Farm: 60 feet maximum.

2.

Other: 15 feet maximum.

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required.

a.

First Floor: 900 square feet.

b.

Total: 1,500 square feet.

(b)

Lot Size.

1.

Minimum Area. The overall density of parcels lying entirely within the environmental corridor shall be not less than one dwelling unit per 5 acres of corridor area, with no lot area being less than 2 acres in size. On parcels which contain area outside of the environmental corridor or partially within the environmental corridor and in a zoning category requiring less than a 5-acre lot, the 5-acre density requirement shall not apply and the lot can be the size required for that adjacent zoning category as long as any earth-altering activity and/or building envelopes are located outside of the corridor area and appropriately restricted as such on the face of the certified survey map, subdivision plat or other appropriate matter and recorded in the office of the Register of Deeds. The overall goal of this requirement is to obtain a maximum density of building activity within the environmental corridor of not more than one dwelling unit for each 5 acres of environmental corridor lands.

(5)

PRESERVATION OF OPEN SPACE.

(a)

For parcels lying entirely within an Environmental Corridor Zoning District, no open space regulation shall apply. However, all earth-altering activities and vegetative removal including building sites and drive areas (area of disturbance) shall be no more than 15 percent of 5 acres (32,600 square feet) in the environmental corridor may be disturbed with such land disturbance.

(b)

For parcels which lie partially within and partially outside of the environmental corridor, the area of disturbance shall be limited to that area outside of the environmental corridor unless otherwise permitted by a building envelope on the certified survey map, subdivision plat or other document.

(1)

USE REGULATIONS.

(a)

Permitted Uses.

1.

Any use as permitted in the C-1 Conservancy District.

2.

One-family dwellings, public parks and recreation areas.

3.

Ordinary farm uses including dairying, livestock and poultry-raising and truck farming, but not including feeding of garbage to fatten swine. The keeping of livestock or horses shall not be permitted on any lot less than 3 acres in size, and then only one head of livestock or 20 fowl are allowed. For each additional 2 acres, one head of livestock or 20 fowl are allowed. The following exceptions shall apply:

a.

Where such use existed prior to the date of this chapter as a principal commercial or agricultural use, such use may be continued, subject to the limitations regulating a nonconforming use as regulated by §17.28.

b.

Where such use existed prior to the date of this chapter as a legal accessory or in incidental use to the principal use of the property, such use may be continued only if there is no objection from any owner of property within 300 feet, the provisions of §17.28 notwithstanding. Such objections shall be submitted in writing to the Town Board and a public hearing held thereon.

c.

Subject to the limitations established above, such use may be permitted on any lot provided there shall first be filed with the Town Board the written consent of the owners of all property within 300 feet and further subject to termination, after public hearing, upon written complaint to the Town Board by an owner within 300 feet of such property. When permitted, the keeping of poultry or domestic livestock shall be done under maximum practical conditions of neatness and sanitation so as not to be detrimental to surrounding residential use, and all fowl shall be kept confined or enclosed and not permitted to run at large.

4.

Roadside stands, subject to the following:

a.

Off-street parking for a minimum of 4 vehicles shall be provided.

b.

No stand shall be closer than 30 feet to the base setback line or closer than 20 feet to any other lot line.

5.

Horticulture, including greenhouses and nurseries but not to include the operation of a retail or wholesale outlet store.

6.

The following accessory buildings and uses, subject to the conditions specified:

a.

Private garages, when located on the same lot, and not involving the conduct of a business; provided, however, that no private garage shall be erected unless that principal building to which such garage is an accessory use has been erected or is to be erected simultaneously with said garage.

b.

Private boathouse.

c.

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

d.

Guesthouses provided such structures shall not be rented, leased or used for continuous or permanent habitation and shall be subject to all provisions of §17.30 of this chapter.

7.

Home occupations and professional offices as defined in this chapter, when incident to the residential use and when situated in the same dwelling, subject to the following conditions:

a.

No name plate exceeding 3 square feet in area shall be permitted.

b.

Such home occupation or professional office shall not occupy more than 20 percent of the floor area of the principal building.

c.

Such home occupation or professional office shall not employ more than one person not a resident on such lot.

d.

Adequate off-street parking facilities shall be provided adjacent, or reasonably so, to the building served.

e.

Such permitted use shall not include conduct of any retail or wholesale business on the premises or the removal of sand, gravel or stone for commercial purposes.

f.

Such permitted use shall not include the use of any machinery, tools or other appliances which can reasonably be construed as creating an abnormal nuisance to the surrounding residential area.

8.

A sign pertaining to the lease or sale of any building or land, provided such sign does not exceed 20 square feet in area. A sign not exceeding 6 square feet in area may be maintained by the owner or occupant of any land or building for the purpose of displaying the name of the owner or occupant or for the purpose of warning against trespass.

9.

Residential Cluster Developments. See §17.59.

10.

Hobby kennel. A hobby kennel accessory to an otherwise permitted use, provided such use has the specific approval of the Town Plan Commission and will not adversely affect the use of adjacent lands as may be determined by findings of the Town Plan Commission. The proposed use of parcels in such a manner shall be made by written notice to land owners within 100 feet of the subject property, and in any case to land owners immediately adjacent and across the street from such use, by certified mail from the Town Plan Commission prior to the meeting at which the Town Plan Commission will consider approval of such use. The Town Plan Commission may require such measures or provisions by the applicant as it may deem necessary to provide adequate protection of surrounding property. The Town may deny the right to a hobby kennel on the basis of a finding that such a use would be incompatible and a possible nuisance to surrounding uses and not in the public interest. Any person aggrieved by a decision of the Plan Commission relative to this provision may appeal such decision to the Board of Adjustment for review and determination as provided in §17.62 of this chapter. Where 2 or fewer dogs are kept, such use shall be considered accessory to the principal use and shall not require special approval by the Plan Commission. In any case, if the keeping of any number of dogs accessory to the principal use becomes a nuisance to the neighborhood as may be determined by the Town Plan Commission or Town Board, such use shall be terminated or the nuisance abated. Where necessary, the Town Plan Commission or Town Board may take appropriate steps to abate such nuisance.

11.

Recreational Chicken Activities. (Cr. 1/22/24)

a.

Ownership of Property. A property owner may utilize its property for recreational chicken activities upon compliance with this section. Leasing property for recreational chicken activities is prohibited.

b.

Minimum Lot Size. The minimum lot size for property utilized for recreational chicken activities is 40,000 square feet. Except as provided in this section, all structures utilized for recreational chicken activities shall comply with all dimensional requirements of the particular zoning district, including but not limited to offset, setback, and height, and the accessory building regulations. Any building or structure housing chickens shall be at least 30 feet from all property lines.

c.

Number and Type of Recreational Chickens. Up to 5 chickens are permitted. Roosters are prohibited.

d.

No Commercial Use. No commercial activities shall be permitted as part of the recreational chicken activity, including but not limited to, bartering, the sale of eggs, live or dressed chickens, live chicks, and feathers. All products produced by the chickens shall be for the personal consumption of the occupants of the property utilized for the recreational chicken activity.

e.

Slaughtering of Chickens. The slaughtering of chickens is prohibited and any deceased chicken shall be promptly removed from the property.

f.

Feed; Waste. All feed shall be stored in an enclosed structure or sealed container. All waste generated by the chickens shall be promptly disposed in accordance with applicable State of Wisconsin laws and regulations.

g.

Coop and Pen Regulations. The property owner engaged in recreational chicken activities shall install 1 chicken coop and 1 pen to be utilized for recreational chicken activities. Free ranging of chickens is prohibited and chickens must be kept within a coop or pen at all times. The coop and pen shall be located behind the rear line of the principal residence as the structure faces any road, and be at least 10 feet from any portion of the principal residence. The coop and pen shall each be limited to no more than 50 square feet. The coop shall have a roof, sides, and a floor, be kept dry and well-ventilated with fans for warmer months and well-insulated with heating for the winter months. The coop shall not be counted for purposes of determining the maximum number of accessory buildings permitted on a lot. The pen shall be fenced at least 42 inches in height with the top and sides of the pen being covered with fencing to prevent intrusion or escape.

h.

Ceasing of Use. The property owner shall notify the Town if the property owner ceases to use the property for recreational chicken activities. The chicken coop, pen, fencing, and all structures utilized for recreational chicken activity shall be removed no later than six months after a property ceases to be used for recreational chicken activities.

i.

Permit. Prior to engaging in recreational chicken activities on property less than 3 acres, a property owner shall obtain a permit from the Town Clerk and pay the required fee in accordance with the Town's fee schedule. To obtain a permit, the property owner shall provide an accurate, scaled site plan or plat of survey depicting all property lines, public rights-of-way, the location of the residence and any appurtenances, the size and location of the proposed coop and pen, together with a drawing of the coop and pen.

j.

Compliance with Law; Inspection. A property owner engaged in recreational chicken activities shall comply with all local, Waukesha County, State of Wisconsin, and federal laws and regulations. The Town may inspect any property utilized for recreation chicken activities to ensure compliance with this section. Any person that violates this section shall be subject to the penalties set forth in this chapter and the revocation of the permit issued under section 17.44(1)(a)11.i.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Building.

1.

Farm: 60 feet maximum.

2.

Other: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area. Minimum required.

1.

Minimum Required:

a.

First Floor: 900 square feet.

b.

Total One-Family: 1,100 square feet.

2.

Maximum F.A.R. Permitted: 10 percent.

(b)

Lot Size.

1.

Minimum Area: 3 acres.

2.

Minimum Average Width: 200 feet.

(c)

Open Space: 2-acre minimum.

(1)

USE REGULATIONS.

(a)

Permitted Uses.

1.

Any use permitted in the A-1 Agricultural District.

2.

One-Family Dwellings.

3.

The keeping of poultry or domestic livestock shall not be permitted on any lot less than 3 acres in size and then only one head of livestock or 20 fowl are allowed. For each additional 2 acres, one head of livestock or 20 fowl are allowed. The following exceptions shall apply:

a.

Where such use existed prior to the date of this chapter as a principal commercial or agricultural use, such use may be continued subject to the limitations regulating a nonconforming use as regulated by §17.28.

b.

Where such use existed prior to the date of this chapter as a legal accessory or incidental use to the principal use of the property, such use may be continued only if there is no objection from any owner of property within 300 feet, the provisions of §17.28 notwithstanding. Such objections shall be submitted in writing to the Town Board and a public hearing held thereon.

c.

Subject to the limitations established above such use may be permitted on any lot provided that there shall first be filed with the Town Board the written consent of the owners of all property within 300 feet and further subject to termination, after public hearing, upon written complaint to the Town Board by any owner within 300 feet of such property. When permitted, the keeping of poultry or domestic livestock shall be done under maximum practical conditions of neatness and sanitation so as not to be detrimental to the surrounding residential use and all fowl shall be kept confined or enclosed and not permitted to run at large.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 30 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required:

a.

First Floor: 900 square feet.

b.

Total: 1,500 square feet.

2.

Maximum F.A.R. Permitted: 10 percent.

(b)

Lot Size.

1.

Minimum Area: 3 acres.

2.

Minimum Average Width: 200 feet.

(c)

Open Space: 2 acres minimum per family..

(1)

USE REGULATIONS.

(a)

Permitted Uses.

1.

Any use permitted in the A-2 Rural Home District.

a.

Where such use existed prior to the date of this chapter as a principal commercial or agricultural use, such use may be continued subject to the limitations regulating a nonconforming use as regulated by §17.28.

b.

Where such use existed prior to the date of this chapter as a legal accessory or incidental use to the principal use of the property, such use may be continued only if there is no objection from any owner of property within 300 feet, the provisions of §17.28 notwithstanding. Such objections shall be submitted in writing to the Town Board and a public hearing held thereon.

c.

Subject to the limitations established under §17.44(1)(a)3., such use may be permitted on any lot provided that the written consent of the owners of all property within 300 feet has first been filed with the Town Board and further subject to termination after public hearing upon written complaint to the Town Board by any owner within 300 feet of such property. When permitted, the keeping of poultry or domestic livestock shall be done under maximum practical conditions of neatness and sanitation so as not to be detrimental to the surrounding residential use and all fowl shall be kept confined or enclosed and not permitted to run at large.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 25 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Building. 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required:

a.

First Floor: 900 square feet.

b.

Total: 1,500 square feet.

2.

Maximum F.A.R. Permitted: 10 percent.

(b)

Lot Size.

1.

Minimum Area: 2 acres.

2.

Minimum Average Width: 175 feet.

(c)

Open Space: 75,000 square feet minimum per family.

(1)

PERMITTED USES. Any use permitted in the Suburban Estate District, except that the keeping of poultry or domestic livestock shall not be permitted on any lot less than 3 acres in area except under the following conditions:

(a)

Where such use existed prior to the date of this chapter as a principal commercial or agricultural use, such use may be continued subject to the limitations regulating a nonconforming use as regulated by §17.28.

(b)

Where such use existed prior to the date of this chapter as a legal accessory or incidental use to the principal use of the property, such use may be continued only if there is no objection from any owner of property within 300 feet, the provisions of §17.28 notwithstanding. Such objections shall be submitted in writing to the Town Board and a public hearing held thereon.

(c)

Subject to the limitations established under §17.44(1)(a)3., such use may be permitted on any lot provided the written consent of the owners of all property within 300 feet has first been filed with the Town Board and further subject to termination after public hearing upon written complaint to the Town Board by any owner within 300 feet of such property. When permitted, the keeping of poultry or domestic livestock shall be done under maximum practical conditions of neatness and sanitation so as not to be detrimental to surrounding residential use, and all fowl shall be kept confined or enclosed and not permitted to run at large.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required.

a.

First Floor: 900 square feet.

b.

Total: 1,300 square feet.

2.

Maximum F.A.R. Permitted: 15 percent.

(b)

Lot Size.

1.

Minimum Area: One acre.

2.

Minimum Average Width: 150 feet.

(c)

Open Space: 30,000 square feet per family.

(1)

PERMITTED USES. Any use as permitted in the R-1 Residential District, except Residential Cluster Developments.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required.

a.

First floor: 900 square feet.

b.

Total: 1,200 square feet.

2.

Maximum F.A.R. Permitted: 15 percent.

(b)

Lot Size.

1.

Minimum Area: 30,000 square feet.

2.

Minimum Average Width: 120 feet.

(c)

Open Space: 25,000 square feet minimum per family.

(1)

PERMITTED USES.

(a)

Any use as permitted in the R-2 Residential District.

(b)

Two-family dwelling pursuant to §17.19(9).

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building. The maximum height of a residential structure shall meet the following requirements:

1.

A point measured from the lowest exposed point of the proposed structure to the highest floor line shall not exceed 27 feet; and

2.

A point measured from the lowest exposed point of the proposed structure to any eave shall not exceed 36 feet; and

3.

A point measured from the lowest exposed point of the proposed structure to the highest point of any roof shall not exceed 46 feet; and

4.

On waterfront lots, no building or structure shall contain more than 3 stories when viewed from the waterfront.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required.

a.

First Floor: 900 square feet.

b.

Total: 1,100 square feet.

2.

Maximum F.A.R. Permitted: 15 percent.

(b)

Lot Size.

1.

Minimum Area: 20,000 square feet.

2.

Minimum Average Width: 120 feet.

(c)

Open Space: 15,000 square feet minimum per family.

(1)

INTENT OF DISTRICT. This district is intended to include publicly owned facilities which serve a public use, such as education, recreation, medical care or government.

(2)

PERMITTED USES. Those uses related to the public facility subject to any restrictions imposed by the owner or municipality.

(3)

CONDITIONAL USES. Any structure or use pursuant to §17.19(18).

(4)

BUILDING LOCATION.

(a)

Setbacks.

1.

From Public Road Right-of-Way: 50 feet minimum.

2.

From Lake, Floodplain or Conservancy District: 75 feet minimum.

(b)

Offsets: 50 feet minimum.

(1)

PERMITTED USES.

(a)

Any use as permitted in the R-3 Residential District.

(b)

The following retail or customer service establishments of a restrictive nature, provided the location, building and site plan and plan of operation have been submitted to and approved by the Plan Commission as being in keeping with the character of the surrounding area.

1.

Boarding or lodging houses.

2.

Delicatessen.

3.

Florist shop.

4.

Funeral home.

5.

Gift shop.

6.

Interior decorator.

7.

Professional office or studio.

8.

Tea room or restaurant.

9.

Tourist home.

10.

Any similar use subject to the approval of the Plan Commission.

(c)

Signs related to the use of the premises, subject to the following:

1.

No sign shall exceed 40 square feet in area and where it is illuminated the sign shall not exceed 25 square feet in area.

2.

No freestanding sign shall exceed 10 feet in height from the ground, and no sign attached to a building shall project above an eave, cornice or top parapet line of such building.

3.

Only one sign shall be permitted for any such permitted use.

4.

No sign shall include illuminating devices or be constructed of illuminated material or be specifically illuminated except by properly shielded cove or back lighting of a nonintermittent type on an opaque background, such source of light not to be more than 2 feet from the vertical face to be illuminated.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Buildings: 35 feet maximum.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required for Residential Purposes.

a.

First Floor: 900 square feet.

b.

Total One-Family: 1,000 square feet.

2.

Maximum F.A.R. Permitted: 20 percent.

(b)

Lot Size.

1.

Minimum Area: 20,000 square feet.

2.

Minimum Average Width: 120 feet.

(c)

Open Space: 15,000 square feet minimum per family.

(1)

PERMITTED USES.

(a)

Any use as permitted in the B-1 Restricted Business District.

(b)

The following retail and customer service establishments, provided the location, building and site plan and plan of operation have been submitted to and approved by the Plan Commission as being in keeping with the character of the surrounding area.

1.

Art shop.

2.

Appliance store.

3.

Bakery (not over 10 employees).

4.

Barber shop.

5.

Beauty shop.

6.

Bank or savings and loan office.

7.

Clinic.

8.

Clothing or dry goods store.

9.

Confectionery store.

10.

Drug store.

11.

Furniture store.

12.

Book or stationery store.

13.

Fruit and vegetable market.

14.

Grocery or Other Food Products Store.

15.

Hardware store.

16.

Ice cream store.

17.

Jewelry store.

18.

Retail liquor store or tavern.

19.

Meat and fish market.

20.

Music and radio store.

21.

Newsstand.

22.

Notion or variety store.

23.

Parking lot.

24.

Pharmacy.

25.

Radio and television sales and repair shop.

26.

Photographer.

27.

Restaurants with or without the sale of liquor.

28.

Shoe store.

29.

Soda fountain.

30.

Tailor/dressmaking shop.

31.

Telegraph office and telephone office and exchange.

32.

Utility offices.

33.

Any similar use subject to the approval of the Plan Commission.

(c)

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

(d)

Signs related to the use of the premises subject to the following conditions:

1.

No sign shall exceed 40 square feet in area.

2.

Illuminated signs shall not exceed 25 square feet in area. Signs which contain, include or are illuminated by any flashing, intermittent or moving light are prohibited, except those giving public service information such as time, date, temperature, weather or similar information.

3.

Signs shall be limited to one sign per store side of building.

4.

No freestanding sign shall exceed 20 feet in height from the ground, and no attached sign shall be higher than 4 feet above the top of the roofline or in any case exceed 35 feet in height.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset.

1.

Buildings Used Solely for Commercial Purposes: 10 feet minimum.

2.

Buildings Used in Whole or Part for Residence Purposes: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 35 feet maximum.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Building Floor Area.

1.

Minimum Required Solely for Residence Purposes.

a.

First Floor: 900 square feet.

b.

Total One-Family: 1,000 square feet.

2.

Buildings Used for Both Residence and Business Purposes: 900 square feet per family.

3.

Maximum F.A.R. Permitted: 40 percent.

(b)

Lot Size.

1.

Minimum Area: 20,000 square feet.

2.

Minimum Average Width: 120 feet.

(c)

Open Space: 15,000 square feet minimum per family.

(1)

PERMITTED USES.

(a)

Any uses permitted in the B-2 Local Business District, except residential use shall be permitted only in conjunction with or accessory to an otherwise permitted use.

(b)

The following business and trades of a more general nature, normally serving a larger trade area, provided the location, building and site plan and plan of operation have been submitted to and approved by the Plan Commission as being in keeping with the character of the surrounding area.

1.

Wholesalers and distributors.

2.

Theaters, dance halls, arcades and other amusement places.

3.

Used car lots.

4.

Dry cleaning and dying establishments.

5.

Automobile sales rooms, repair shops and storage yards. Garages for equipment, supplies or vehicles but not including the storage of junked or wrecked automobile parts.

6.

Printing and publishing houses.

7.

Dairies and bottling plants.

8.

Hotels.

9.

Laundries.

10.

Private vocational schools and colleges.

11.

Lockers and cold storage plants.

12.

Any similar use subject to the approval of the Plan Commission.

(c)

Signs related to the use of the premises subject to the following conditions:

1.

No sign shall exceed 100 square feet in area.

2.

Illuminated signs shall not exceed 50 square feet in area. Signs which contain, include or are illuminated by any flashing, intermittent or moving light are prohibited, except those giving public service information such as time, date, temperature, weather or similar information.

3.

Signs shall be limited to one sign per store side of building.

4.

No freestanding sign shall exceed 20 feet in height from the ground and no attached sign shall be higher than 4' above the top of the roofline or in any case exceed 35 feet in height.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset.

1.

Buildings used Solely for Commercial Purposes: 10 feet minimum.

2.

Buildings Used in Whole or in Part for Residence Purposes: 20 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 35 feet maximum.

(b)

Accessory Buildings: 18 feet maximum (excepting flat roofs: 15 feet maximum).

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required for Residence Purposes: 900 square feet per family.

2.

Minimum F.A.R. Permitted: 50 percent.

(b)

Lot Size.

1.

Minimum Area: 20,000 square feet.

2.

Minimum Average Width: 120 feet.

(c)

Open Space: 15,000 square feet minimum per family.

(1)

USE REGULATIONS.

(a)

Permitted Uses.

1.

Any use as permitted in the A-1 Agricultural District, except that residential use shall be permitted only in conjunction with or accessory to another permitted use.

2.

Quarrying, subject to the provisions of §17.19(20), except that the establishment of a Quarrying District shall be construed to have determined the appropriateness of quarrying use in such area and the grant of the quarrying permit shall be conditioned only on compliance with the standards and regulations as set out in §17.19(20).

3.

The following related operations where accessory to the permitted quarrying operation, subject to the regulations as set out in §17.19(20).

a.

The manufacture of concrete building blocks or other similar blocks.

b.

Production of ready-mixed concrete.

(b)

Prohibited Uses. Restaurants and taverns.

(2)

BUILDING LOCATION.

(a)

Setbacks.

1.

Quarrying Operations: As required by §17.19(20).

2.

Other Permitted Uses: 20 feet minimum.

(b)

Offsets.

1.

Quarrying Operations: As required by §17.19(20).

2.

Other Permitted Uses: 50 feet minimum.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 35 feet maximum.

(b)

Accessory Buildings.

1.

Quarrying Operations: 60 feet maximum.

2.

Other Permitted Uses: 15 feet maximum.

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required for Residential Purposes.

a.

First Floor: 900 square feet.

b.

Total One-Family: 1,000 square feet.

2.

Maximum F.A.R. Permitted: 10 percent.

(b)

Lot Size.

1.

Minimum Area: 3 acres.

2.

Minimum Average Width: 200 feet.

(c)

Open Space: 2-acre minimum per family.

(1)

PERMITTED USES.

(a)

Any use as permitted in a B-3 General Business or A-1 Agricultural District, except that residential use shall be permitted only in conjunction with or accessory to an otherwise permitted use.

(b)

Trades or industries of a restrictive character which are not detrimental to the district or to the adjoining residential areas by reason of appearance, noise, dust, smoke or odor, provided the location, building and site plan and plan of operation have been submitted to and approved by the Plan Commission, but not including any use enumerated under §17.55(1)(b) or any of the following:

1.

Junkyards and salvage yards.

2.

Drop forges, foundries, refineries, tanneries or any similar use, the normal operation of which causes objectionable noise, odor, dust or smoke.

3.

Signs as permitted in the B-3 General Business District.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum.

(b)

Offset: 10 feet minimum.

(c)

Exception. Where lot abuts on a district boundary line of a more restrictive district permitting residence use, the following regulation shall apply:

1.

Buildings or uses permitted in the more restrictive district shall comply with the offset requirements of the more restrictive district.

2.

Buildings or uses not permitted in the more restrictive district shall provide a 50-foot minimum offset and shall be screened from the more restrictive district by a planting screen at least 6 feet high and 15 feet in width.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 60 feet maximum.

(b)

Accessory Buildings: 60 feet maximum.

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required for Residence Purposes: 900 square feet.

2.

Maximum F.A.R. Permitted: 60 percent.

(b)

Lot Size.

1.

Minimum Area: One acre.

2.

Minimum Average Width: 150 feet.

(c)

Open Space: 15,000 square feet per acre.

(1)

PERMITTED USES.

(a)

Any use as permitted in the M-1 Limited Industrial District.

(b)

Quarrying, subject to §17.19.(20).

(c)

Any other commercial or industrial use not otherwise prohibited by law, provided their location, building and site plan, and plan of operation have been submitted to and approved by the Plan Commission, except the following:

1.

Cement, lime, gypsum or plaster of paris manufacture.

2.

Acid manufacture.

3.

Manufacture of explosives, but not including the making of small arms ammunition.

4.

Storage of explosives, except as incidental to a permitted use.

5.

Fertilizer manufacture.

6.

Offal or dead animal reduction.

7.

Glue manufacture, fat rendering or distillation of bones.

8.

Stockyards or commercial slaughter of animals.

(2)

BUILDING LOCATION.

(a)

Setback: 50 feet minimum, except where the opposite frontage is in a Residential or Agricultural District, a 100-foot minimum setback shall be required.

(b)

Offset: 10 feet minimum, except that where a lot abuts on a district boundary line of a more restrictive district permitting residence use the following restrictions shall apply:

1.

Buildings or uses permitted in the more restrictive district shall comply with offset requirements of the more restrictive district.

2.

Buildings or uses not permitted in the more restrictive district shall provide a 100-foot minimum offset from a Restricted or Local Business District and a 200-foot minimum offset from a Residential or Agricultural District and shall be screened from the more restrictive district by a planting screen at least 6 feet high and 15 feet in width.

(3)

HEIGHT REGULATIONS.

(a)

Principal Building: 60 feet maximum.

(b)

Accessory Buildings: 60 feet maximum.

(4)

AREA REGULATIONS.

(a)

Floor Area.

1.

Minimum Required for Residence Purposes: 900 square feet per family.

2.

Maximum F.A.R. Permitted: 70 percent.

(b)

Lot Size.

1.

Minimum Area: One acre.

2.

Minimum Average Width: 150 feet.

(c)

Open Space: 10,000 square feet per acre.

(1)

INTENT AND PURPOSE. Residential Cluster Developments are not considered a separate zoning district, and clustering of structures within major subdivision developments is a permitted use in Agricultural Districts and in the R-1 Residential District. The development plans are subject to review and approval by the Plan Commission and Town Board. Residential Cluster Development projects are limited to single-family detached residences and accessory uses, subject to the requirements of this section.

Residential Cluster Developments are intended to promote innovative development, greater development flexibility and greater design freedom consistent with the most advanced development techniques in use today. It is intended that residential cluster development will promote a more desirable use of the subdivision site, while preserving and creating environmentally sound, aesthetically pleasing and economically viable development projects than would otherwise result from the existing residential district regulations and subdivision control requirements. Residential Cluster Developments are designed to encourage the efficient and optimal utilization of land. It is further intended that adequate, useable open spaces be provided for common areas and where present, all or a significant part of any primary environmental corridor be preserved intact, with minimal disturbance of natural landscape and vegetation. The overall density of a Residential Cluster Development shall be consistent with the density factors provided for in the underlying zoning district. The purpose of the residential cluster development regulation is, among others, to:

(a)

Maintain the rural atmosphere and character of the Town;

(b)

Preserve open space;

(c)

Encourage efficient, economically sound housing development; and

(d)

Protect and enhance environmentally sensitive areas within and adjacent to the project site.

(2)

PROCEDURE TO INITIATE PROJECT. The following shall govern any request for the approval of a Residential Cluster Development (RCD):

(a)

Filing Procedure. The filing procedure outlined in §18.20 of this Code shall apply to all RCDs, except that any person submitting a land division proposal shall submit both a proposed layout of the division as a conventional subdivision and as an RCD. If the development as an RCD will better promote the public health, safety, prosperity, aesthetics and general welfare of the community, the developer will be urged to develop in that manner.

(b)

Preapplication Conference. Pursuant to the requirements of §18.20 of this Code, prior to the filing of an application for the approval of an RCD, the developer shall consult with the Town Planner in order to obtain the planner's advice and assistance. Plans for the conventional subdivision and the RCD shall be discussed during this preapplication conference.

(c)

Application. If the developer elects not to pursue an RCD, the procedures of Chapter 18 shall apply. If the developer elects to pursue an RCD, following the preliminary consultation with the Town Planner, an official submittal shall be made to the Plan Commission. The Plan Commission shall give a conceptual, preliminary approval or reject the proposal for an RCD, after which the developer may proceed toward conventional subdivision development pursuant to Chapter 18 of this Code. Upon receiving a conceptual, preliminary approval, a formal application for an RCD project shall be submitted to the Plan Commission by the owner, or his agent, of the property proposed for such development and for the approval of a specified plan with a specified density factor under the provisions of this section. This formal submittal for a specific RCD shall be accompanied by a fee as provided in Chapter 18 and shall contain the following information:

1.

A statement describing the general character of the intended development and the desirability of applying the RCD technique on this particular site. The statement shall include:

a.

Statistical data on total size of project area, area of open space, density computation and proposed number and types of residential units, economic analysis, market analysis, impact upon municipal services and other similar date pertinent to a comprehensive evaluation of the proposed development.

b.

The proposed timetable for the project development and completion.

c.

A general outline of intended organizational structure related to a property owner's association, deed restrictions and private provision of common services.

2.

A general development plan of the proposed project showing the following information or such additional information as may be required by the Plan Commission or the Town Board:

a.

An accurate map of the project area including its relationship to surrounding properties and adjoining streets.

b.

The size, arrangement and location of all lots, blocks and of all proposed buildings or building groups located within the common area.

c.

The pattern of public roads and other public improvements.

d.

The location of recreational and open space areas and areas reserved or dedicated for use by the residents.

e.

General landscape treatment with particular attention given to the treatment and creation of buffer zone between the proposed RCD and any adjacent development, whether residential or otherwise.

f.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes and proposed grading elevations.

(d)

Referral to and Action by Plan Commission. The Town Planner shall, within 30 days after receipt of the application, determine whether the application fulfills the requirements of this chapter. If the Town Planner determines that the application is complete and fulfills the requirements of this chapter, the Town Planner shall refer the same to the Plan Commission. If the Town Planner determines that the application is not complete and does not fulfill the requirements of this chapter, it shall be returned to the applicant. When the application meets with the Town Planner's approval, it shall be referred to the Town engineering consultants for their report and recommendation. Upon completion of necessary study and investigation, the Plan Commission shall make its recommendation to the Town Board as to the appropriateness and desirability of the proposed project with the density factor requested, the suitability of the proposed development plans, and any changes or additional conditions applicable to such plans which it may feel necessary and appropriate.

(e)

Basis for Approval. The Plan Commission, in making its recommendation, and the Town Board, in making its determination, shall give consideration to and be satisfied as to the following:

1.

The Plan Commission guidelines for Residential Cluster Developments as from time to time modified and which shall be kept on file with the Town Clerk.

2.

The proposed development is consistent with the spirit and intent of this chapter and would not be contrary to the general welfare and economic prosperity of the Town, but rather that the benefits derived by utilizing the most modern residential development techniques, justifies the resultant increase in density that the RCD requirements provide, if any, and is in keeping with current economic and social considerations and justifies the application of the RCD requirements.

3.

Such development conforms to the adopted master land use plan of the Town.

4.

The size, quality and architectural design of all buildings in the project shall not be such as to have an adverse effect upon the general character of the Town or surrounding neighborhood.

5.

The functional utility and relationship of lots to common open space and facilities provided shall be of such quality, size and aesthetic value as to meet the purpose and intent of this section and that where primary environmental corridors are present, all or a significant part of said primary environmental corridor shall be preserved or protected intact through the application of the standards contained in this chapter.

6.

Setbacks along any boundary street of the project area shall be maintained and enhanced as required by the existing zoning district regulations and in accordance with the specific development project design reviewed and approved by the Town.

7.

No building shall be permitted closer to a side or rear project boundary lot line than that required by the applicable side or rear yard requirements of any adjoining zoning district.

8.

The RCD project approval shall be based upon satisfaction of standards of this chapter and shall include any conditions of approval applicable thereto regarding the building design, site layout and operation plans as well as all other commitments offered and required in regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out as approved.

9.

The plan will result in the preservation of open land in a manner which will enhance the total environmental setting and desirability of the development, and that adequate guarantee is provided for permanent retention as "open space" of the residual open land areas resulting from the application of these regulations, either by private reservation as an enhancement to the development or by dedication to the municipality as determined by the Town Board.

10.

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

11.

In the event that the Plan Commission recommends to the Town Board that a particular RCD application be denied, the Plan Commission shall enumerate in writing its reasons for denying the application, and such listing of reasons shall accompany its recommendation to the Town Board.

(f)

Subsequent Change or Addition. Any subsequent change or addition to an approved plan shall first be submitted for approval to the Plan Commission and if in the Commission's opinion such change or addition is not substantial, it may recommend approval to the Town Board without public hearing. Without limitation to the Plan Commission's right to determine any other change substantial, a change in any of the following respects shall be automatically construed to be substantial.

1.

An increase in the number of dwelling units from that shown in the approved comprehensive project plan.

2.

The addition of any principal uses not included in the approved comprehensive project plan.

3.

A change in the basic concept of site development which would significantly alter the relationship of uses or open space to adjoining properties.

(g)

Determination. The Town Board after due consideration may deny the application, approve the application as submitted, or approve the petition subject to additional conditions. Such approval shall be by resolution and shall constitute approval to permit RCD for the specific project development plan proposed, and no other. The following requirements must be met:

1.

The approval of the application for an RCD shall be based on and include as conditions thereto the building, site and operation plans for the development as approved, as well as all other commitments offered or required as to project value, character or other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering plans need not necessarily be completed at the time of application submittal, but the approval of such preliminary plans is conditioned upon the subsequent submittal to and approval by the Plan Commission and the Town Board of more specific and detailed plans as the development progresses, and no building permit shall be issued prior to such Plan Commission approval of the final detailed plans.

2.

The requirements of the subdivision control ordinance respecting improvements shall be complied with by the developer unless specific modifications have been recommended by the Town Engineer. The Town Engineer is encouraged to accept modifications that will not adversely affect the health and safety of the residents, recognizing that excessive engineering requirements can seriously hamper the viability of the project. The Town Board shall be the sole judge as to the applicability of those provisions of the subdivision control ordinance or any departmentally-recommended modification relating to improvements after recommendation by the Plan Commission and appropriate staff recommendations, if a question arises concerning their applicability to the project.

3.

The Town Board shall require the developer to furnish a bond or irrevocable letter of credit to guarantee the completion of the infrastructure in such amount and containing such terms as shall be required by the Town Board.

(3)

REGULATIONS.

(a)

Density. The maximum number of dwelling units shall be determined following a site analysis which details the attributes and characteristics of the project area. Where the gross buildable area has been measured and verified, the density factor may be divided into that number to arrive at the number of dwelling units which may be allowed. The density factor shall be as shown on Table "A". If the property proposed to be developed borders a lake or other public body of water, the ratio of frontage to dwelling units shall be as follows: A minimum of 100 feet of frontage for the first such unit and 25 feet for each additional unit proposed in the RCD. Where any lowland conservancy/wetland lies within the project area, it may be used in the calculation of dwelling density on the basis of one dwelling unit for each 5 acres so designated but shall not exceed 25 percent of the amount obtained in the computation of dwelling units within the zoned area. As an example:

Underlying Zoning District A-1 Agricultural:

See following Table A for density computations.

(b)

Density shall be computed according to the following table:

Table "A"
MERTON RCD STANDARDS

¹  =

Density Factor: Basis upon which the building sites on a site are calculated.

²  =

Floor Area Ratio: For the purpose of planned unit development only, is the relationship of the total footprint area of all enclosed structures on a lot to the net area of the lot as applied to the specific building site.

³  =

UEC: Upland Environmental Corridor.

⁴  =

Primary Environmental Corridor: A term used to represent land areas deemed environmentally sensitive and thus worthy of an added margin of protection. While not a zoning district classification, the provisions under which the regional plan is adopted provide authority under the Waukesha County Subdivision Control Ordinance to require conformity with the 5-acre density standard cited above.

(c)

Environmental Corridor Open Space. If part or all of a residential cluster development contains an area which has been designated by the Southeastern Wisconsin Regional Plan Commission as a primary environmental corridor, the developer shall be required to set aside 80 percent of the area designated a primary environmental corridor as common open space.