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Merton Village City Zoning Code

ARTICLE III

Zoning Districts

§ 250-10 Establishment.

A. 
Districts. For the purpose of this chapter, the Village of Merton is divided into basic use districts and overlay districts as follows:
A-1
Agricultural District
R-1
Residential District
R-2
Residential District
R-3
Residential District
R-4
Multifamily Residential District
HD
Historic Downtown District
B-1
Neighborhood Business District
I-1
Limited Industrial District
P-1
Public and Semi-Public District
C-1
Wetland Conservancy Overlay District
C-2
Upland Conservancy Overlay District
Floodplain Overlay Districts (FD):
FW
Floodway District
FF
Flood Fringe District
GFP
General Floodplain District
FS
Flood Storage District
B. 
Boundaries.
(1) 
The boundaries of said districts are hereby established as shown on the map entitled "Zoning Map - Village of Merton, Wisconsin," dated September 2003, and as subsequently amended, which accompanies and is part of this chapter.[1] All notations and references shown on the maps are as much a part of this chapter as though specifically described herein.
[1]
Editor's Note: A copy of the Zoning Map is an attachment to this chapter.
(2) 
The district boundaries in all districts, except the C-1 Wetland Conservancy Overlay District, the C-2 Upland Conservancy Overlay District and the floodplain districts shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended.
(3) 
Boundaries of the floodplain districts shall be determined by the floodland limits shown on the federal Flood Insurance Rate Map, dated November 19, 2008, and as subsequently amended. Where a conflict exists between the floodland limits shown on the Flood Insurance Rate Map and actual field conditions, the elevations from the one-hundred-year recurrence interval flood profile shall be the governing factor in locating the regulatory floodland limits, subject to field verification.
(4) 
Boundaries of the C-1 Wetland Conservancy Overlay District were based on the Southeastern Wisconsin Regional Planning Commission's (SEWRPC) Year 2000 Land Use Inventory and include, but are not limited to, all shoreland wetlands five acres or greater in area shown on those maps. Where a conflict exists between the wetland limits shown on the SEWRPC map and actual field conditions, the limits shall be subject to field verification, confirmed by the Wisconsin Department of Natural Resources or the U.S. Army Corp of Engineers.
(5) 
Boundaries of the C-2 Upland Conservancy Overlay District were based on the Southeastern Wisconsin Regional Planning Commission's (SEWRPC) Year 2000 Land Use Inventory and include, but are not limited to, all wooded upland slopes located adjacent to shoreland wetlands as shown on those maps. Where a conflict exists between the wooded upland limits shown on the SEWRPC map and actual field conditions, the limits shall be subject to field verification.
(6) 
District boundaries, except the C-1 Wetland Conservancy Overlay District, the C-2 Upland Conservancy Overlay District and the floodplain districts boundaries, may be moved to include an entire parcel in the least restrictive district, provided that at the time of enactment of this chapter the parcel was a single-ownership parcel and that the district boundaries shall not be moved more than 75 feet.
(7) 
Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.
(8) 
Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District, unless the annexation ordinance temporarily places the land in another district. Within one year, the Village Plan Commission shall evaluate and recommend a permanent classification to the Village Board. Annexations containing floodlands and shorelands shall be governed in the following manner:
(a) 
Annexations containing floodlands shall be governed by the provisions of the Waukesha County Shoreland and Floodland Protection Ordinance until such time that the Wisconsin Department of Natural Resources (DNR) certifies that amendments to the Village of Merton Zoning Ordinance meet the requirements of Ch. NR 116, Wis. Adm. Code.
(b) 
Annexations containing shorelands. Pursuant to § 59.692(7), Wis. Stats., any annexation of land after May 7, 1982, which lies within shorelands, as defined herein, shall be governed by the provisions of the Waukesha County Shoreland and Floodland Protection Ordinance until such time that the Village adopts an ordinance which is at least as restrictive as the Waukesha County Shoreland and Floodland Protection Ordinance. Said regulations shall be administered and enforced by the Village of Merton Zoning Administrator.

§ 250-11 Zoning Map.

A. 
A certified copy of the Zoning Map shall be adopted and approved as part of this chapter and shall bear upon its face the attestation of the Village President and Village Clerk and shall be available to the public in the office of the Village Clerk.
B. 
Any changes to the zoning districts shall be entered and attested on the certified copy.

§ 250-12 A-1 Agricultural District.

A. 
Intent. To provide for the continuation of general farming and related uses in those areas of the Village not yet committed to urban development and to provide for the orderly transition from farming to urban-type uses.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
General farming, including agriculture, horticulture, floriculture, forestry, grazing, hay, orchard, truck farming, dairying, raising beef cattle and viticulture (grape growing). Animal feeding operations and commercial feedlots, as defined, are not permitted. On farm lots of less than 20 acres, not more than one head of livestock or 30 head of poultry shall be permitted for each 2.5 acres.
(2) 
Sale of agricultural products produced on the premises and roadside stands, provided that:
(a) 
All structures meet setback requirements.
(b) 
Total covered sales area does not exceed 1,000 square feet in area.
(c) 
Off-street parking is provided as required by Article V of this chapter.
(3) 
Detached single-family dwellings.
(4) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers: (see § 250-52 for application and review requirements).
(1) 
Animal hospitals, kennels, and veterinary services.
(2) 
The sale of agricultural products not produced on the premises that may be combined with agricultural products produced on the premises, provided that the use and approval conform to the standards listed below.
[Amended 11-11-2019 by Ord. No. 190]
(a) 
This conditional use category of sale of agricultural products may also include sales commonly known as a farmers' market, commercial greenhouse, or a landscape nursery, or any other name that describes sales of products sold to the public for outdoor property improvement. The type, amount and display of product sold may be limited by approval of the conditional use pursuant to such factors that may include but not limited to property size, proximity to neighboring residential properties, maintaining an aesthetic street view and the unloading and loading of product.
(b) 
The conditional use shall comply with all other provisions of this chapter, such as lot width and area, building and parking setbacks, vision corners, building height, number of off-street parking spaces and loading.
(c) 
The site plan, building design and a plan of operation shall be subject to conditional use review and approval by the Plan Commission.
(d) 
Sufficient details shall be submitted in order to determine the adequacy of the storage of flammable liquids, fertilizers or chemicals required in the operation of the business, and the storage of mechanical equipment used in the operation of the business. The local fire department shall be consulted regarding the storage and use of the aforementioned and for proper internal and external emergency access, and any recommendation for the safe storage and access shall be a condition of the conditional use.
(e) 
Conditions, such as proper interior and external traffic flow; off-street unloading and loading area; landscaping and planting screens/buffering from adjacent residential properties; location of displays; the sale and location of bulk materials; safe pedestrian paths; architectural design; type of construction; construction commencement, phasing and completion dates; sureties; lighting; fencing; hours of operation; deed restrictions; highway access; increased setbacks or parking requirements; storage, use and disposal of potentially hazardous materials and equipment, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter and § 250-52.
(f) 
Uses and structures accessory to a principal conditional use shall be subject to appropriate regulation in the same manner as set forth for the principal conditional use.
(g) 
A detached single-family dwelling, as permitted in the A-1 District, may be on the same property or adjacent to the conditional use. However, the dwelling shall not be part of conditional use approval if conforming to standards for the dwelling in the A-1 District.
(3) 
The aboveground or below-ground storage of gasoline, diesel, and/or similar fuels not for sale, provided all appropriate state administrative codes have been complied with.
(4) 
Wireless communications facilities in accordance with the standards and requirements of § 250-26H of this chapter.
D. 
Yard requirements. (See also § 250-31.)
(1) 
All buildings, structures, or enclosures which house or confine animals, including but not limited to animal hospitals, kennels, barnyards, and stables, shall meet the following minimum setback requirements.
(a) 
Street yard: 100 feet.
(b) 
Side yard: 100 feet.
(c) 
Rear yard: 100 feet.
(2) 
All other uses shall meet the following minimum setback requirements.
(a) 
Street yard: 50 feet.
(b) 
Side yard: 20 feet (each side yard).
(c) 
Rear yard: 50 feet.
E. 
Height requirements. (See also § 250-32.)
(1) 
All single-family and two-family dwellings and their accessory structures shall not exceed the following maximum heights.
(a) 
Principal building: 35 feet.
(b) 
Accessory structures: 15 feet.
(2) 
All other buildings or structures shall not exceed the following maximum height: 60 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Building area. All detached single-family dwellings shall meet the following requirements.
(a) 
Building area: 2,000 square feet.
(b) 
First-floor area: 1,200 square feet.
(2) 
Lot requirements. All lots shall meet the following minimum requirements.
(a) 
Lot area: 217,800 square feet (five acres).
(b) 
Lot width: 200 feet.
(c) 
Lot area per dwelling unit: 217,800 square feet (five acres).
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-13 R-1 Residential District.

A. 
Intent. To establish and preserve quiet single-family neighborhoods as desired by large numbers of people, free from uses except those which are both compatible with and convenient to the residents of such a district and which rely upon septic systems for sewage disposal.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
Detached single-family dwellings.
(2) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
(3) 
Public and private parks.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers (see § 250-52 for application and review requirements):
(1) 
Commercial swimming pools and similar recreational facilities.
(2) 
Schools.
(3) 
Churches.
D. 
Yard requirements. (See also § 250-31.) All uses shall meet the following minimum setback requirements:
(1) 
Street yard: 50 feet.
(2) 
Side yard: 20 feet (each side yard).
(3) 
Rear yard: 50 feet.
E. 
Height requirements. (See also § 250-32.)
(1) 
All single-family dwellings and their accessory structures shall not exceed the following maximum heights.
(2) 
Principal building: 35 feet.
(a) 
Accessory structures: 15 feet.
(3) 
All other buildings or structures shall not exceed the following maximum heights.
(a) 
Principal buildings and structures: 60 feet.
(b) 
Accessory structures: 15 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Building area.
(2) 
Single-family dwellings shall meet the following minimum requirements.
(a) 
Building area: 2,000 square feet.
(b) 
First-floor area: 1,200 square feet.
(3) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 20% of the lot.
(4) 
Lot requirements. Lots in the R-1 District shall meet the following minimum requirements:
(a) 
Residential.
[1] 
Lot area: 40,000 square feet.
[2] 
Lot width: 140 feet.
(b) 
Nonresidential.
[1] 
Lot area: three acres.
[2] 
Lot width: 140 feet.
(c) 
Parks and outlots: No minimum.
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-14 R-2 Residential District.

A. 
Intent. The intent is the same as the R-1 District, except that this district is for areas where conditions allow a higher density of housing.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
Detached single-family dwellings.
(2) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
(3) 
Public and private parks.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers (see § 250-52 for application and review requirements):
(1) 
Commercial swimming pools and similar recreational facilities.
(2) 
Schools.
(3) 
Churches.
D. 
Yard requirements. (See also § 250-31.)
(1) 
All uses shall meet the following minimum setback requirements.
(a) 
Street yard: 50 feet.
(b) 
Side yard: 20 feet (each side yard).
(c) 
Rear yard: 40 feet.
E. 
Height requirements. (See also § 250-32.)
(1) 
All single-family dwellings and their accessory structures shall not exceed the following maximum heights.
(a) 
Principal building: 35 feet.
(b) 
Accessory structures: 15 feet.
(2) 
All other buildings or structures shall not exceed the following maximum heights.
(a) 
Principal building and structures: 60 feet.
(b) 
Accessory structures: 15 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Building area. Single-family dwellings shall meet the following minimum requirements.
(a) 
Building area: 1,300 square feet.
(b) 
First-floor area: 1,000 square feet.
(2) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 30% of the lot.
(3) 
Lot requirements. Lots in the R-2 District shall meet the following minimum requirements:
(a) 
Residential.
[1] 
Lot area: 30,000 square feet.
[2] 
Lot width: 120 feet.
(b) 
Nonresidential.
[1] 
Lot area: three acres.
[2] 
Lot width: 140 feet.
(c) 
Parks and outlots: No minimum.
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-15 R-3 Residential District.

A. 
Intent. To recognize the existing small lot residential development in Merton and to establish and preserve quiet single-family neighborhoods as desired by large numbers of people, free from other uses except those which are both compatible with and convenient to the residents of such a district.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
Detached single-family dwellings.
(2) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
(3) 
Public and private parks.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers (see § 250-52 for application and review requirements):
(1) 
Commercial swimming pools and similar recreational facilities.
(2) 
Schools.
(3) 
Churches.
D. 
Yard requirements. (See § 250-31.) All uses shall meet the following minimum setback requirements.
(1) 
Street yard: 50 feet.
(2) 
Side yard: 20 feet (each side yard).
(3) 
Rear yard: 40 feet.
E. 
Height requirements. (See also § 250-32.)
(1) 
All single-family dwellings and their accessory structures shall not exceed the following maximum heights.
(a) 
Principal building: 35 feet.
(b) 
Accessory structures: 15 feet.
(2) 
All other buildings or structures shall not exceed the following maximum heights.
(a) 
Principal building or structure: 60 feet.
(b) 
Accessory structure: 15 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Building area. All single-family dwellings shall meet the following minimum requirements.
(a) 
Building area: 1,300 square feet.
(b) 
First-floor area: 1,000 square feet.
(2) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 30% of the lot.
(3) 
Lot requirements. Lots in the R-3 District shall meet the following minimum requirements:
(a) 
Residential.
[1] 
Lot area: 20,000 square feet.
[2] 
Lot width: 100 feet.
(b) 
Nonresidential.
[1] 
Lot area: three acres.
[2] 
Lot width: 140 feet.
(c) 
Parks and outlots: No minimum.
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-16 R-4 Multifamily Residential District.

A. 
Intent. To establish and preserve medium density residential developments where central sanitary sewerage and water systems are available. Nothing in this section is intended to change land in another zoning district to R-4 by the installation of central sanitary sewerage and water systems. Such change shall require that the procedures set forth in § 250-56 be followed.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
Two-family and multiple-family dwellings and their customary accessory uses.
(2) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
(3) 
Public and private parks.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers (see § 250-52 for application and review requirements):
(1) 
Commercial swimming pools and similar recreational facilities.
(2) 
Schools.
(3) 
Churches.
D. 
Yard requirements. (See also § 250-31.) All uses shall meet the following minimum setback requirements.
(1) 
Street yard: 50 feet.
(2) 
Side yard: 15 feet (each side yard).
(3) 
Rear yard: 30 feet.
E. 
Height regulations. (See also § 250-32.)
(1) 
All two-family and multiple-family dwellings and their accessory structures shall not exceed the following maximum heights.
(a) 
Principal building: 35 feet.
(b) 
Accessory structures: 15 feet.
(2) 
All other buildings or structures shall not exceed the following maximum heights.
(a) 
Principal buildings or structures: 60 feet.
(b) 
Accessory structures: 15 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Building area. All two-family and multiple-family dwellings shall meet the following minimum requirements.
(a) 
Building area: 2,000 square feet.
(b) 
First-floor area: 1,000 square feet.
(c) 
Building area per dwelling unit: 800 square feet for a one-bedroom unit; the minimum to be increased 250 square feet for each additional bedroom.
(2) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 30% of the lot.
(3) 
Lot requirements. Lots in the R-4 District shall meet the following minimum requirements:
(a) 
Residential.
[1] 
Lot area: 15,000 square feet.
[2] 
Lot width: 85 feet.
(b) 
Nonresidential.
[1] 
Lot area: three acres.
[2] 
Lot width: 140 feet.
(c) 
Parks and outlots: No minimums.
(d) 
Lot area per dwelling unit: 7,500 square feet.
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-17 HD Historic Downtown District.

A. 
Intent. Serving as the heart of the Village, the HD District encompasses a mix of late 19th and early 20th century single-family houses and a mix of older and some newer small-scale commercial buildings containing active businesses on narrow lots fronting Main Street. Most lots sizes, lot widths and building setbacks are legally nonconforming, reflecting the age of the area. Continuing with the mix of uses, several older commercial structures contain residential apartments on upper floors. Shade trees, sidewalks and streetlights complement the residential and commercial uses along Main Street and add to its traditional character. The Village of Merton has determined that preserving and maintaining this area is vital for enhancing the Village's economy and small-town character. As such, the purposes of this district are as follows:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
To maintain the distinctive mix of small-scale residential and commercial uses along Main Street; and
(2) 
To prevent the creation of additional nonconforming uses, structures, buildings and lots.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Adult family home, as defined.[1]
[1]
Editor's Note: "As defined" in this section refers to definitions in § 250-9 of this chapter.
(2) 
Community living arrangement, as defined, with capacity of eight or fewer persons.
(3) 
Family day-care home, as defined.
(4) 
Farmers' market, as defined.
(5) 
Foster home and treatment foster home, as defined.
(6) 
Hiking and nature trails.
(7) 
Library, public.
(8) 
Municipal offices and buildings.
(9) 
Public utility and essential accessory structures, as defined.
(10) 
Single-family dwelling, as defined.
C. 
Change in ownership. Those existing uses which are classified as conditional uses in the HD Historic Downtown District at the time of adoption of this chapter require no action by the Village Board for them to continue as valid conditional uses. With the exception of residential properties that remain in residential use, at the time any business or property changes ownership it shall be necessary to obtain a conditional use permit whether or not there is a change in use.
D. 
Additions to existing buildings. Prior to obtaining a building permit for any addition to an existing building in the HD District it shall be necessary to obtain a conditional use permit. Additions to existing single-family and two-family dwellings that increase the floor area by less than 50% are exempt from this requirement, provided that all setbacks and other dimensional requirements can be met without obtaining a variance.
E. 
Conditional uses. The following uses may be conditionally permitted by approval of the Village Board after public hearing, review and recommendation by the Plan Commission, subject to the application and review requirements and standards of § 250-52.
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Accessory apartment, not first floor.
(2) 
Bakery, on-site, as defined.
(3) 
Bank or other financial institution.
(4) 
Bed-and-breakfast establishment, as defined.
(5) 
Building maintenance service, as defined.
(6) 
Business of historical significance, as defined.
(7) 
Business service, as defined.
(8) 
Community living arrangement, as defined, with capacity of more than eight persons.
(9) 
Contractor business, as defined.
(10) 
Day-care center, as defined.
(11) 
Dry cleaning, pickup only, as defined.
(12) 
Fraternal organization.
(13) 
Funeral home.
(14) 
Hardware store.
(15) 
Medical office or clinic, as defined.
(16) 
Motor vehicle general repair and service, as defined.
(17) 
Museum.
(18) 
Office, general, as defined.
(19) 
Outside food and beverage service.
(20) 
Outside sale, display or storage.
(21) 
Parsonage, rectory, convent or monastery.
(22) 
Personal service establishment, as defined.
(23) 
Places of entertainment.
(24) 
Portrait studio.
(25) 
Professional office, as defined.
(26) 
Restaurant, as defined.
(27) 
Retail establishment, general, as defined (5,000 square feet or less of floor space per use).
(28) 
Tavern, as defined.
(29) 
Travel agency.
(30) 
Two-family dwelling, as defined.
(31) 
Unmanned deliveries, as defined.
F. 
Yard requirements. (See also § 250-31.)
(1) 
All gasoline service stations shall meet the following minimum setback requirements.
(a) 
Street yard: 15 feet.
(b) 
Side yard: 10 feet (each side yard)
(c) 
Rear yard: 30 feet.
(2) 
All other uses shall meet the following minimum setback requirements.
(a) 
Street yard: five feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 30 feet.
G. 
Height regulations. (See also § 250-32.) All buildings or structures shall not exceed the following maximum heights.
(1) 
Principal buildings or structures: 35 feet.
(2) 
Accessory structures: 15 feet.
H. 
Area requirements. (See also § 250-33.)
(1) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 40% of the lot.
(2) 
Minimum lot requirements. All uses shall meet the following minimum lot requirements.
(a) 
Lot area: 20,000 square feet.
(b) 
Lot width: 85 feet.
(c) 
Lot area per dwelling unit: 7,500 square feet, where upper-story residential uses are furnished, provided only half the lot area will be used in determining the number of such units that can be supplied.
I. 
Parking, loading, and access regulations. (See Article V.)
J. 
Sign regulations. (See Article VI.)

§ 250-18 B-1 Neighborhood Business District.

A. 
Intent. To establish and preserve auxiliary business districts that serve the Village; to expand businesses with the Village acknowledging small business scope includes Village residents and neighboring communities; and to minimize undesirable impacts on Village residents.
[Amended 11-3-2022 by Ord. No. 199]
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Bank or other financial institution.
(2) 
Business service, as defined.[1]
[1]
Editor's Note: "As defined" in this section refers to definitions in § 250-9 of this chapter.
(3) 
Dry cleaning, pickup only, as defined.
(4) 
Farmers' market, as defined.
(5) 
Gallery, as defined.
(6) 
Hiking and nature trails.
(7) 
Library, public.
(8) 
Municipal offices and buildings.
(9) 
Office, general, as defined.
(10) 
Personal service establishment, as defined.
(11) 
Portrait studio.
(12) 
Professional office, as defined.
(13) 
Public utility and essential accessory structures, as defined.
(14) 
Retail establishment, general (any size), as defined.
(15) 
Travel agency.
C. 
Conditional uses. The following uses may be conditionally permitted by approval of the Village Board after public hearing, review and recommendation by the Plan Commission, subject to the application and review requirements and standards of § 250-52:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Animal grooming or training facility, as defined.
(2) 
Animal hospital/clinic, as defined.
(3) 
Assisted living center, as defined.
(4) 
Bakery on-site, as defined.
(5) 
Boat maintenance service facility, as defined.
[Added 8-22-2024 by Ord. No. 220[2]]
[2]
Editor's Note: This ordinance also renumbered former Subsection B(5) through (34) as Subsection B(6) through (35), respectively.
(6) 
Building maintenance service, as defined.
(7) 
Business products, as defined.
(8) 
Consumer products, as defined.
(9) 
Consumer product transfer station, as defined.
(10) 
Consumer service, as defined.
(11) 
Contractor business, as defined.
(12) 
Day-care center, as defined.
(13) 
Drive-in or drive-through establishment, as defined.
(14) 
Fraternal organization.
(15) 
Fuel storage, not for sale.
(16) 
Funeral home.
(17) 
Gas station, as defined.
(18) 
Gas station, mini mart, as defined.
(19) 
Hardware store.
(20) 
Health club.
(21) 
Medical office or clinic, as defined.
(22) 
Motor vehicle body shop, as defined.
(23) 
Motor vehicle general repair and service, as defined.
(24) 
Motor vehicle sales facility, new and used vehicles, as defined.
(25) 
Museum.
(26) 
Nursing home, as defined.
(27) 
Outside food and beverage service, as defined.
(28) 
Outside sale, display or storage.
(29) 
Parsonage, rectory, convent, monastery.
(30) 
Places of entertainment.
(31) 
Printing/publishing, as defined.
(32) 
Restaurant, as defined.
(33) 
Specialty beverages and food, as defined.
(34) 
Tavern, as defined.
(35) 
Unmanned deliveries, as defined.
D. 
Yard requirements. (See also § 250-31.) All uses shall meet the following minimum setback requirements.
(1) 
Street yard: 50 feet.
(2) 
Side yard: 20 feet (each side yard).
(3) 
Rear yard: 30 feet.
E. 
Height regulations. (See also § 250-32.) All buildings or structures shall not exceed the following maximum heights.
(1) 
Principal buildings or structures: 35 feet.
(2) 
Accessory structures: 15 feet.
F. 
Area requirements. (See § 250-33.)
(1) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 25% of the lot.
(2) 
Minimum lot requirements. All lots shall meet the following minimum requirements.
(a) 
Lot area: 43,560 square feet (one acre).
(b) 
Lot width: 100 feet.
G. 
Parking, loading, and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-19 I-1 Limited Industrial District.

A. 
Intent. To establish and preserve areas for industrial and related uses that do not create serious problems of compatibility with other kinds of land uses and to provide for certain kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which service the immediate needs of people in these industrial areas.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Building maintenance service, as defined.[1]
[1]
Editor's Note: "As defined" in this section refers to definitions in § 250-9 of this chapter.
(2) 
Contractor business, as defined.
(3) 
Hiking and nature trails.
(4) 
Office, general, as defined.
(5) 
Professional office, as defined.
(6) 
Public utility and essential accessory structures, as defined.
C. 
Conditional uses. The following uses may be conditionally permitted by approval of the Village Board after public hearing, review and recommendation by the Plan Commission, subject to the application and review requirements and standards of § 250-52:
[Amended 11-3-2022 by Ord. No. 199]
(1) 
Animal board facility, as defined.
(2) 
Animal grooming or training facility, as defined.
(3) 
Animal hospital/clinic, as defined.
(4) 
Bakery, commercial, as defined.
(5) 
Consumer product transfer location, as defined.
(6) 
Construction equipment general repair, service and sale.
(7) 
Fuel storage, not for sale, above or below ground storage of gasoline, diesel and/or similar fuels used during operations of another permitted or conditional use within this section, provided compliance with all applicable State of Wisconsin administrative codes.
(8) 
Gas station, as defined.
(9) 
Gas station, mini mart, as defined.
(10) 
Health club.
(11) 
Industrial, as defined.
(12) 
Machine shop.
(13) 
Mobile home sales, new or used.
(14) 
Motor vehicle body shop, as defined.
(15) 
Motor vehicle general repair and service, as defined.
(16) 
Outside storage and/or manufacturing.
(17) 
Recreational vehicle sales, as defined.
(18) 
Restaurant, as defined.
(19) 
Unmanned deliveries, as defined.
(20) 
Wireless communications facility, as defined.
D. 
Special regulations.
(1) 
Where a use in this district adjoins or is opposite a Residential, Conservancy, or Public and Semi-Public District, a landscaped open area, screen planting, or a solid decorative fence shall be required.
(2) 
No merchandise shall be stored or displayed in any street yard.
(3) 
Any uses authorized above do not include any that emit any fumes, vibration, smoke, or noise (except the noise of vehicles coming or going) which is detectable from off the premises by the senses of normal human beings.
E. 
Yard requirements. (See also § 250-31.) All uses shall meet the following minimum setback requirements.
(1) 
Street yard: 50 feet.
(2) 
Side yard: 10 feet (each side yard).
(3) 
Rear yard: 30 feet.
F. 
Height regulations. (See also § 250-32.) All buildings or structures shall not exceed the following maximum heights.
(1) 
Principal buildings or structures: 45 feet.
(2) 
Accessory structures: 25 feet.
G. 
Area requirements. (See also § 250-33.)
(1) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 30% of the lot.
(2) 
Minimum lot requirements. All lots shall meet the following minimum requirements.
(a) 
Lot area: 87,120 square feet (two acres)
(b) 
Lot width: 150 feet.
H. 
Parking, loading and access regulations. (See Article V.)
I. 
Sign regulations. (See Article VI.)

§ 250-20 P-1 Public and Semi-Public District.

A. 
Intent. To establish and preserve areas for certain public and institutional uses.
B. 
Permitted uses. The following uses and their customary accessory uses are permitted:
(1) 
Public and private schools, colleges and universities.
(2) 
Churches, parsonage, rectories, convents, and monasteries.
(3) 
Libraries and museums.
(4) 
Public administrative offices, and public service buildings including well pump houses and police and fire stations.
(5) 
Public utilities, structures essential to public utilities and the provision of public services, and accessory structures.
(6) 
Parks, playgrounds, play fields, swimming pools and beaches, and historic or archaeological sites or structures.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers (see § 250-52 for application and review requirements):
(1) 
Aboveground water storage tanks and towers, provided that the height is below the maximum specified for this district or is in compliance with § 250-32B of this chapter.
(2) 
Municipally operated sewage treatment plants, if screened from any adjacent Residential or Conservancy District.
(3) 
Golf courses and driving ranges, provided:
(a) 
No such use shall be permitted on a lot less than three acres in area.
(b) 
No building shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.
(c) 
Off-street parking shall be provided as required by Article V of this chapter.
(d) 
No such permitted use shall include the operation of a commercial facility such as a bar or restaurant except as may be specifically authorized in the grant of permit.
(4) 
Cemeteries.
(5) 
Wireless communications facilities in accordance with the standards and requirements of § 250-26H of this chapter.
D. 
Yard requirements. (See also § 250-31.) All uses shall meet the following minimum setback requirements.
(1) 
Street yard: 50 feet.
(2) 
Side yard: 20 feet (each side yard).
(3) 
Rear yard: 30 feet.
E. 
Height regulations. (See also § 250-32.) All buildings or structures shall not exceed the following maximum heights.
(1) 
Principal buildings or structures: 60 feet.
(2) 
Accessory structures: 15 feet.
F. 
Area requirements. (See also § 250-33.)
(1) 
Maximum ground coverage. The cumulative footprint area of all principal and accessory buildings shall occupy no more than 25% of the lot.
(2) 
Minimum lot requirements. All lots shall meet the following minimum requirements.
(a) 
Lot area: 20,000 square feet.
(b) 
Lot width: 85 feet.
(c) 
Lot area per dwelling unit: 10,000 square feet.
G. 
Parking and access regulations. (See Article V.)
H. 
Sign regulations. (See Article VI.)

§ 250-21 C-1 Wetland Conservancy Overlay District.

A. 
Intent. To preserve, protect, and enhance the ponds, streams, and wetland areas of the Village of Merton. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the Village.
B. 
Permitted uses. The following uses are permitted:
(1) 
Hiking, fishing, trapping, swimming, and boating, unless prohibited by other ordinances and laws.
(2) 
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.
(3) 
The practice of silviculture, including the planting, thinning, and harvesting of timber.
(4) 
Construction and maintenance of fences.
(5) 
Agricultural cultivation and pasturing, provided they do not involve extension of or creation of new drainage systems, and further provided they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
(6) 
Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.
(7) 
The construction and maintenance of pier, docks, and walkways, including those built on pilings.
(8) 
Forest and game management.
(9) 
The maintenance, repair, replacement, and reconstruction of existing streets, roads and bridges.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers. (See § 250-52 for application and review requirements.)
(1) 
The construction of streets which are necessary for the continuity of the Village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 District, provided that:
(a) 
The street cannot as a practical matter be located outside the conservancy district;
(b) 
The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in § 250-56H(2) of this chapter;
(c) 
The street is designed and constructed with the minimum cross section practical to serve the intended use;
(d) 
The street construction activities are carried out in the immediate area of the roadbed only; and
(e) 
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.
(2) 
The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, provided that:
(a) 
The building cannot as a practical matter be located outside the conservancy district;
(b) 
The building is not designed for human habitation and does not exceed 500 square feet in area; and
(c) 
Only limited filling or excavating necessary to provide structural support is conducted.
(3) 
The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:
(a) 
Any private recreation or wildlife habitat area must be exclusively for that purpose;
(b) 
No filling is to be done; and
(c) 
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.
(4) 
The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, provided that:
(a) 
The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and
(b) 
Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
(5) 
The construction and maintenance of railroad lines, provided that:
(a) 
The railroad lines cannot as a practical matter be located outside the conservancy district; and
(b) 
Any filling, draining, dredging, ditching, or excavation that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
D. 
Prohibited uses.
(1) 
Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 District lands concerned are first rezoned into another district.
(2) 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable water are prohibited.

§ 250-22 C-2 Upland Conservancy Overlay District.

A. 
Intent. To preserve, protect, enhance, and restore areas of steep topography adjacent to navigable bodies of water. Regulation of these areas will serve to protect unique topographic features from encroachment by urban development, control erosion and sedimentation, and promote and maintain the natural beauty of the Village.
B. 
Permitted uses. The following uses are permitted:
(1) 
Riverbank and lakeshore protection.
(2) 
Soil rebuilding.
(3) 
Forest and game management.
(4) 
Hunting.
(5) 
Preservation of scenic, historic, and scientific areas.
(6) 
Sustained yield forestry.
(7) 
Harvesting of wild crops.
(8) 
Wildlife preserves.
(9) 
Hiking and nature trails.
C. 
Conditional uses. The following uses may be conditionally permitted after review and approval by the Plan Commission, provided they have adequate street access and are located, planned and designed to avoid undue noise or other nuisances and dangers. (See § 250-52 for application and review requirement.)
(1) 
Agricultural uses when conducted in accordance with County Soil and Water Conservation District standards.
(2) 
Park and recreation uses.
(3) 
Utility poles.
(4) 
Towers.
(5) 
Wireless communications facilities in accordance with the standards and requirements of § 250-26H of this chapter.
(6) 
Underground conduits for transmitting electricity, telephone, cable television, natural gas, and similar products and services.
D. 
Prohibited uses. Dumping; filling; mineral, soil, or peat removal; clearcutting of woodlands; buildings or structures, or any other use that would disturb the natural flora, water regimen, or topography.
E. 
Parking and access regulations. (See Article V.)
F. 
Sign regulations. (See Article VI.)

§ 250-23 Floodplain districts and standards.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
See Chapter 132, Floodplain Zoning, of this Code for current regulations.

§ 250-24 Use table. [1]

The Village of Merton Use Table lists the uses allowed within each of the zoning districts in the Village of Merton. Each zoning district is listed on the top of the table and each use is listed in the rows. A "P" in the box indicates that a use is permitted by right in the respective zoning district. A "C" in the box indicates that a use is conditional and is allowed only under specific conditions outlined in the chapter under the respective district and in § 250-52. If the box is blank, it indicates that a specific use is not permitted in that zoning district.
[1]
Editor's Note: The use table is an attachment to this chapter.