The area located within the jurisdiction of this chapter is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the city Comprehensive Plan, and to achieve the other purposes of this chapter.

All areas within the jurisdiction of this chapter are hereby divided into the following standard zoning districts.

Zoning districts established by this chapter are shown on the official zoning map of the city, which together with all explanatory materials thereon, is hereby made part of this chapter.

The following rules shall be used to determine the precise location of any zoning district boundary shown on the official zoning map of the city:

(1)

Zoning district boundaries shown as following or approximately following the limits of any city, town, or county boundary shall be construed as following such limits.

(2)

Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.

(3)

Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the city or Rock County tax maps shall be construed as following such lines.

(4)

Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

(5)

Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

(6)

Zoning district boundaries shown as separated from, any of the features listed in paragraphs (1) through (5), above, shall be construed to be at such distances there from as are shown on the official zoning map.

(7)

Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the official zoning map, the location of the line shall be determined by the zoning administrator.

The following sections specify the description and purpose of the standard zoning districts established by this chapter, establish principal and accessory uses permitted by right or as conditional uses, establish bulk, density, and intensity standards, and reference other applicable regulations. The intent statement of each zoning district is intended to convey the approximate gross densities for reference purposes, not regulatory purposes. Density on a given lot is determined through the bulk dimensional standards such as lot size, height, and setbacks. Definitions and regulations for land uses are provided in article III. Section 78-03.05 includes a table of land uses indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses. See article IV for additional requirements on the location and bulk dimensions of structures in both residential and nonresidential developments.

(1)

Intent. This district is intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of seven dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Community living arrangement 1—8 residents.

(c)

Essential services.

(d)

Outdoor open space institutional.

(e)

Passive outdoor recreation.

(f)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 9—15 residents.

(b)

Communication tower.

(c)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (SR-7) Single Family Residential—7 District.

(1)

Intent. This district is intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of ten dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Community living arrangement 1—8 residents.

(c)

Essential services.

(d)

Outdoor open space institutional.

(e)

Passive outdoor recreation.

(f)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 9—15 residents.

(b)

Communication tower.

(c)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (SR-10) Single Family Residential—10 District.

(1)

Intent. This district is intended to create, preserve, and enhance subdivisions exclusively for mobile home developments at an approximate density of seven dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Mobile home (6,000-square-foot minimum lot area).

(b)

Mobile home subdivision or park five acres.

(c)

Community living arrangement 1—8 residents.

(d)

Essential services.

(e)

Outdoor open space institutional.

(f)

Passive outdoor recreation.

(g)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 9—15 residents.

(b)

Communication tower.

(c)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (MH-7) Mobile Home Residential—7 District. (A mobile home that is replacing an existing unit can meet either the following table or the setbacks met by the existing unit, whichever are less restrictive.)

(1)

Intent. This district is intended to create, preserve, and enhance areas for single family detached and two family attached dwellings at an approximate density of eight dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Duplex.

(c)

Twin-House.

(d)

Two-Flat.

(e)

Community living arrangement 1—8 residents.

(f)

Essential services.

(g)

Outdoor open space institutional.

(h)

Passive outdoor recreation.

(i)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 1—15 residents.

(b)

Communication tower.

(c)

Cultivation.

(4)

Accessory Uses Permitted by Right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory Uses Permitted only as Conditional Use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary Uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (TF-8) Two Family Residential—8 District.

(1)

Intent. This district is intended to create, preserve, and enhance areas for single family detached and two-flat dwellings at an approximate density of ten dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Duplex.

(c)

Twin house.

(d)

Two-flat.

(e)

Multiplex (three units per building).

(f)

Community living arrangement 1—8 residents.

(g)

Essential services.

(h)

Outdoor open space institutional.

(i)

Passive outdoor recreation.

(j)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 9—15 residents.

(b)

Communication tower.

(c)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (TF-10) Two Family Residential—10 District.

(1)

Intent. This district is intended to create, preserve, and enhance areas for multi-family uses in small buildings such as multiplexes or apartments at low densities, up to ten dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Duplex.

(c)

Twin house (10,000-square-foot minimum lot area).

(d)

Two-flat (7,200-square-foot minimum lot area).

(e)

Townhouse (3—4 units per building).

(f)

Townhouse (5—8 units per building).

(g)

Multiplex (3—4 units per building).

(h)

Multiplex (5—8 units per building).

(i)

Apartment (3—4 units per building).

(j)

Apartment (5—8 units per building).

(k)

Apartment (9—12 units per building).

(l)

Institutional residential.

(m)

Community living arrangement 1—8 residents.

(n)

Essential services.

(o)

Outdoor open space institutional.

(p)

Passive outdoor recreation.

(q)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Boarding housing living arrangement.

(b)

Group daycare center (9+ children).

(c)

Community living arrangement 9—15 residents.

(d)

Off-site parking lot.

(e)

Off-site structured parking.

(f)

Communication tower.

(g)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (MR-10) Multi-Family Residential—10 District.

(1)

Intent. This district is intended to create, preserve, and enhance areas for multi-family uses in small and mid-sized buildings such as townhomes, multiplexes or apartments at medium densities, up to 20 dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Duplex.

(c)

Twin house.

(d)

Two-flat.

(e)

Townhouse (3—4 units per building).

(f)

Townhouse (5—8 units per building).

(g)

Multiplex (3—4 units per building).

(h)

Multiplex (5—8 units per building).

(i)

Apartment (3—4 units per building).

(j)

Apartment (5—8 units per building).

(k)

Apartment (9—12 units per building).

(l)

Apartment (13—16 units per building).

(m)

Apartment (17—20 units per building).

(n)

Institutional residential.

(o)

Bed and breakfast.

(p)

Community living arrangement 1—8 Residents.

(q)

Community living arrangement 9—15 Residents.

(r)

Essential services.

(s)

Outdoor open space institutional.

(t)

Passive outdoor recreation.

(u)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Apartment (21—40 units per building).

(b)

Apartment (40+ units per building).

(c)

Boarding house living arrangement.

(d)

Group daycare center (9+ children).

(e)

Community living arrangement 16+ Residents.

(f)

Off-site parking lot.

(g)

Off-site structured parking.

(h)

Communication tower.

(i)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (MR-20) Multi-Family Residential—20 District.

(1)

Intent. This district is intended to permit residential development and small-scale commercial uses that are compatible with adjacent residential uses and established neighborhood-level commercial corridors. Residential uses are intended to occur at an approximate density of ten dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Single family dwelling unit.

(b)

Duplex.

(c)

Twin house.

(d)

Two-flat.

(e)

Live/work unit.

(f)

Mixed use building.

(g)

Artisan production shop.

(h)

Bed and breakfast.

(i)

Commercial kitchen.

(j)

Group daycare center (9+ children).

(k)

Indoor maintenance service.

(l)

Indoor sales or services.

(m)

Office.

(n)

Personal or professional service.

(o)

Physical activity studio.

(p)

Active outdoor recreations.

(q)

Community living arrangement 1—8 residents.

(r)

Community living arrangement 9—15 residents.

(s)

Essential services.

(t)

Indoor institutional.

(u)

Institutional residential.

(v)

Outdoor open space institutional.

(w)

Passive outdoor recreation.

(x)

Transit center.

(y)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Boarding house living arrangement.

(b)

Community living arrangement 16+ residents.

(c)

Off-site parking lot.

(d)

Off-site structured parking.

(e)

Communication tower.

(f)

Cultivation.

(g)

Restaurants, taverns, and indoor commercial entertainment.

(h)

Drive-through and in-vehicle sales or service.

(i)

Outdoor commercial entertainment.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (NMU) Neighborhood Mixed Use District.

(1)

Intent. This district is intended to permit a wide range of freestanding large and mid-scale office, retail, service, lodging, and entertainment uses that are compatible with the desired community character along major commercial corridors. Residential uses are intended to occur at an approximate density of up to 36 dwelling units per acre.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Live/work unit.

(b)

Mixed use building.

(c)

Artisan production shop.

(d)

Commercial indoor lodging.

(e)

Commercial kitchen.

(f)

Drive-through and in-vehicle sales or service.

(g)

Group daycare center (9+ children).

(h)

Indoor maintenance service.

(i)

Indoor sales or services.

(j)

Office.

(k)

Outdoor sales and display.

(l)

Personal or professional service.

(m)

Physical activity studio.

(n)

Restaurants, taverns, and indoor commercial entertainment.

(o)

Vehicle sales.

(p)

Active outdoor recreation.

(q)

Community living arrangement 1—8 residents.

(r)

Community living arrangement 9—15 residents.

(s)

Essential services.

(t)

Indoor institutional.

(u)

Institutional residential.

(v)

Outdoor open space institutional.

(w)

Passive outdoor recreation.

(x)

Transit center.

(y)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Outdoor commercial entertainment.

(b)

Vehicle service and repair.

(c)

Community living arrangement 16+ residents.

(d)

Production greenhouse.

(e)

Heliport.

(f)

Off-site parking lot.

(g)

Off-site structured parking.

(h)

Communication tower.

(i)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (SMU) Suburban Mixed-Use District.

(8)

See article VII for additional performance standards specific to the SMU district.

(1)

Intent. This district is intended to permit areas, generally on established commercial corridors, that are or are planning to become mixed use in character and establish standards that are compatible with the existing mix of land uses and redevelopment objectives. This district is intended to provide for a variety of employment, retail, and community service opportunities, while allowing some residential uses at an approximate density of up to 36 dwelling units per acre. Uses shall be compatible not only with other uses within the district, but land uses in adjoining zoning districts as well.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Live/work unit.

(b)

Mixed use building.

(c)

Artisan production shop.

(d)

Commercial indoor lodging.

(e)

Commercial kitchen.

(f)

Indoor maintenance service.

(g)

Indoor sales or services.

(h)

Office.

(i)

Personal or professional service.

(j)

Physical activity studio.

(k)

Restaurants, taverns, and indoor commercial entertainment.

(l)

Active outdoor recreation.

(m)

Community living arrangement 1—8 residents.

(n)

Community living arrangement 9—15 residents.

(o)

Essential services.

(p)

Indoor institutional.

(q)

Indoor residential.

(r)

Outdoor open space institutional.

(s)

Passive outdoor recreation.

(t)

Transit center.

(u)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Boarding house living arrangement.

(b)

Group daycare center (9+ children).

(c)

Outdoor commercial entertainment.

(d)

Community living arrangement 16+ residents.

(e)

Off-site parking lot.

(f)

Off-site structured parking.

(g)

Communication tower.

(h)

Cultivation.

(i)

Drive through and in-vehicle sales or service for banks or financial institutions only.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (CMU) Central Mixed-Use District.

(1)

Intent. This district is intended to permit both large- and small-scale institutional development including those on single sites within larger areas of both residential and nonresidential zoning districts. Residential uses are intended to occur at an approximate density of one dwelling unit per acre. This district avoids the creation of commercial spot zone intrusions in primarily residential or industrial areas where spots of commercial zoning may be incompatible.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Live/work unit.

(b)

Mixed use building.

(c)

Artisan production shop.

(d)

Commercial kitchen.

(e)

Group daycare center (9+ children).

(f)

Indoor maintenance service.

(g)

Indoor sales or services.

(h)

Office.

(i)

Personal or professional service.

(j)

Physical activity studio.

(k)

Active outdoor recreation.

(l)

Community living arrangement 1—8 residents.

(m)

Community living arrangement 9—15 residents.

(n)

Essential services.

(o)

Indoor institutional.

(p)

Indoor residential.

(q)

Outdoor open space institutional.

(r)

Passive outdoor recreation.

(s)

Transit center.

(t)

Communication tower.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Community living arrangement 16+ residents.

(b)

Large scale public services and utilities.

(c)

Off-site parking lot.

(d)

Off-site structured parking.

(e)

Communication tower.

(f)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (I) Institutional District.

(1)

Intent. This district is intended to permit both small- and mid-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some loading and unloading exposed which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Artisan production shop.

(b)

Commercial animal boarding/daycare.

(c)

Commercial kitchen.

(d)

Indoor maintenance service.

(e)

Office.

(f)

Outdoor sales and display.

(g)

Personal or professional service.

(h)

Vehicle service and repair.

(i)

Active outdoor recreation.

(j)

Essential services.

(k)

Large scale public services and utilities.

(l)

Outdoor open space institutional.

(m)

Passive outdoor recreation.

(n)

Light industrial.

(o)

Indoor food production and processing.

(p)

Production greenhouse.

(q)

Indoor storage and wholesaling.

(r)

Personal storage facility.

(s)

Distribution center.

(t)

Off-site parking lot.

(u)

Off-site structured parking.

(v)

Transit center.

(w)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Outdoor commercial entertainment.

(b)

Heliport.

(c)

Communication tower.

(d)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (LI) Light Industrial District.

(1)

Intent. This district is intended to permit mid-scale to large-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some raw materials or finished products stored outside. This district tends to be heavy, but not typically a nuisance for adjoining properties.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Artisan production shop.

(b)

Commercial animal boarding/daycare.

(c)

Commercial kitchen.

(d)

Indoor maintenance service.

(e)

Office.

(f)

Outdoor sales and display.

(g)

Vehicle service and repair.

(h)

Active outdoor recreation.

(i)

Essential services.

(j)

Large scale public services and utilities.

(k)

Outdoor open space institutional.

(l)

Passive outdoor recreation.

(m)

Light industrial.

(n)

Medium industrial.

(o)

Indoor food production and processing.

(p)

Production greenhouse.

(q)

Indoor storage and wholesaling.

(r)

Personal storage facility.

(s)

Distribution center.

(t)

Freight terminal.

(u)

Off-site parking lot.

(v)

Off-site structured parking.

(w)

Transit center.

(x)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Outdoor storage and wholesaling.

(b)

Heliport.

(c)

Communication tower.

(d)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory Uses Permitted only as Conditional Use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (GI) Medium Industrial District.

(1)

Intent. This district is intended to provide space for self-contained and isolated manufacturing and industrial operations which are incompatible with residential and commercial uses because of potential nuisance or hazard generation.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Indoor maintenance service.

(b)

Office.

(c)

Outdoor sales and display.

(d)

Outdoor maintenance service.

(e)

Vehicle service and repair.

(f)

Active outdoor recreation.

(g)

Essential services.

(h)

Large scale public services and utilities.

(i)

Outdoor open space institutional.

(j)

Passive outdoor recreation.

(k)

Light industrial.

(l)

Medium industrial.

(m)

Heavy industrial.

(n)

Indoor food production and processing.

(o)

Production greenhouse.

(p)

Indoor storage and wholesaling.

(q)

Outdoor storage and wholesaling.

(r)

Personal storage facility.

(s)

Distribution center.

(t)

Freight terminal.

(u)

Off-site parking lot.

(v)

Off-site structured parking.

(w)

Transit center.

(x)

Composting.

(y)

Indoor recycling facility.

(z)

Agricultural services.

(aa)

Community garden.

(bb)

Intensive agriculture.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Heliport.

(b)

Communication tower.

(c)

Large solar energy system.

(d)

Large wind solar system.

(e)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (HI) Heavy Industrial District.

(1)

Intent. This district is intended to permit large-scale outdoor storage uses associated with significant impacts on neighboring properties, particularly related to material usage, aesthetic, visibility, and other potential nuisances for adjoining properties. The city will consider the use of this zoning district on a case-by-case basis at the request of a property owner.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Indoor maintenance service.

(b)

Outdoor maintenance service.

(c)

Vehicle service and repair.

(d)

Active outdoor recreation.

(e)

Essential services.

(f)

Outdoor open space institutional.

(g)

Passive outdoor recreation.

(h)

Outdoor storage and wholesaling.

(i)

Personal storage facility.

(j)

Off-site parking lot.

(k)

Off-site structured parking.

(l)

Indoor recycling facility.

(m)

Salvage or junkyard.

(n)

Waste disposal/landfill.

(o)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Communication tower.

(b)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (IOS) Intensive Outdoor Storage District.

(1)

Intent. This district is intended to permit large-scale outdoor commercial entertainment uses associated with significant impacts on neighboring properties, particularly related to traffic, parking, noise, operating hours, and lighting. The city will consider the use of this zoning district on a case-by-case basis at the request of a property owner.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Indoor maintenance service.

(b)

Office.

(c)

Personal or professional service.

(d)

Restaurants, taverns, and indoor commercial entertainment.

(e)

Active outdoor recreation.

(f)

Essential services.

(g)

Outdoor open space institutional.

(h)

Passive outdoor recreation.

(i)

Outdoor storage and wholesaling.

(j)

Off-site parking lot.

(k)

Off-site structured parking.

(l)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Campground.

(b)

Intensive outdoor activity.

(c)

Outdoor commercial entertainment.

(d)

Communication tower.

(e)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (IOC) Intensive Outdoor Commercial District.

(1)

Intent. This district is intended to permit adult uses associated with significant impacts on neighboring properties, particularly related to hours of operation, establishment functions, and other potential nuisances for adjoining properties. The city will consider the use of this zoning district on a case-by-case basis at the request of a property owner.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Office.

(b)

Active outdoor recreation.

(c)

Essential services.

(d)

Outdoor open space institutional.

(e)

Passive outdoor recreation.

(f)

Community garden.

(g)

Adult-oriented entertainment business.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Communication tower.

(b)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (AO) Adult-Oriented Entertainment District.

(1)

Intent. This district is intended to provide for quarrying, sand and gravel extraction, and landfill uses which, if sited properly, can be located within the city.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Office.

(b)

Outdoor maintenance service.

(c)

Personal or professional service.

(d)

Active outdoor recreation.

(e)

Essential services.

(f)

Outdoor open space institutional.

(g)

Passive outdoor recreation.

(h)

Light industrial.

(i)

Medium industrial.

(j)

Heavy industrial.

(k)

Outdoor storage and wholesaling.

(l)

Off-site parking lot.

(m)

Off-site structured parking.

(n)

Composting.

(o)

Extraction.

(p)

Indoor recycling facility.

(q)

Salvage or junkyard.

(r)

Sand and mineral processing.

(s)

Waste disposal/landfill.

(t)

Community garden.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Communication tower.

(b)

Large solar energy system.

(c)

Large wind energy system.

(d)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (EX) Extraction/Disposal District.

(1)

Intent. This district is intended to permit very low-density single family detached residential development at a density of no more than one dwelling unit for every 35 gross acres. This district acts as a "holding zone" to preserve productive agricultural lands in the long-term, protect existing farm operations from encroachment by incompatible uses, promote further investments in farming, and may maintain eligibility for farming incentive programs.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Artisan production shop.

(b)

Bed and breakfast.

(c)

Commercial animal boarding/daycare.

(d)

Active outdoor recreation.

(e)

Community living arrangement 1—8 residents.

(f)

Essential services.

(g)

Outdoor open space institutional.

(h)

Passive outdoor recreation.

(i)

Indoor food production and processing.

(j)

Production greenhouse.

(k)

Agricultural services.

(l)

Community garden.

(m)

Cultivation.

(n)

Intensive agriculture.

(o)

On-site agricultural retail.

(3)

Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Campground.

(b)

Outdoor storage and wholesaling.

(c)

Heliport.

(d)

Communication tower.

(e)

Large solar energy system.

(f)

Large wind energy system.

(g)

Husbandry.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (RH-35) Rural Holding District.

(1)

Intent. This district is established to accommodate airport land uses, protect the airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons and facilities in proximity to the airport.

(2)

Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Office (shall not exceed greater than 50 percent of the gross floor area of a hangar, terminal, or other airport-related structure).

(b)

Outdoor maintenance service (non-residential).

(c)

Personal or professional service.

(d)

Active outdoor recreation.

(e)

Essential services.

(f)

Outdoor open space institutional.

(g)

Passive outdoor recreation.

(h)

Indoor storage and wholesaling.

(i)

Outdoor storage and wholesaling.

(j)

Airport.

(k)

Distribution center.

(l)

Freight terminal.

(m)

Heliport.

(n)

Off-site parking lot.

(o)

Off-site structured parking.

(p)

Transit center.

(q)

Community garden.

(3)

Principal uses permitted only as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.

(a)

Communication tower.

(b)

Cultivation.

(4)

Accessory uses permitted by right. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(5)

Accessory uses permitted only as conditional use. Refer to section 78-03.05 Table of Land Uses and section 78-03.28 for detailed definitions and requirements.

(6)

Temporary uses. Refer to section 78-03.05 Table of Land Uses and section 78-03.30 for detailed definitions and requirements.

(7)

Density, intensity, and bulk regulations for the (AR) Airport District.

(1)

Purpose. The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth above in this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include protections against natural hazards, protections of valued natural and cultural resources, and guidelines for unique development situations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of article V.

(2)

How to use section 78-02.80—78-02.84.

(a)

A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district. For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the development regulations.

(3)

District boundary. The suggested boundaries are depicted on the official zoning map. Refinement of these suggested boundaries is required by on-site delineation:

(a)

Refinement of overlay zoning district boundaries by on-site delineation. Because the mapping of environmental and cultural resource areas protected by the city as provided by county, state, and federal sources is general and not provided at a surveyed level of accuracy, the boundary of each resource on a parcel proposed for development activity that is identified on the city's map of overlay zoning districts shall be subject to a site visit and staking of each resource boundary located on the parcel. This staking shall be conducted by an expert in the resource officially recognized by the agency responsible for the general source mapping of that resource.

1.

For the wellhead protection area, the staking shall be done by the city engineer.

2.

For any archeological site mapped by the Wisconsin Department of Natural Resources, the staking shall be done by an expert recognized by that agency.

3.

For any historical site mapped by the Wisconsin Historical Society, the staking shall be done by an expert recognized by that agency.

4.

For any wetland mapped by the Wisconsin Department of Natural Resources, the staking shall be done by an expert recognized by that agency.

5.

For any floodway, flood fringe, or flood storage area identified by FEMA, any ordinary high water mark (OHWM), any steep slopes area, any woodland, and any stream or drainageway, the staking shall be done by a licensed surveyor or civil engineer.

(b)

The mapping of all resource area staking shall be conducted by a licensed surveyor or civil engineer, and all resource areas present on the parcel shall be depicted on all site plans, grading and erosion control plans, and stormwater management plans required for submittal to the city for development activity proposed for the parcel.

(4)

For the purpose of this chapter, the following overlay zoning districts are hereby established.

(a)

Planned unit development (PUD) overlay zoning district.

(b)

Wellhead protection overlay district.

(c)

Environmental corridor overlay district.

(d)

Floodplain zoning overlay district (see chapter 79).

(5)

Map of overlay zoning districts.

(a)

Except where otherwise indicated in this article, the overlay zoning districts are represented on the official zoning map, adopted and from time to time amended by the city.

(1)

Purpose. The purpose of this overlay district is to provide for possible flexibility in certain development standards pertaining to the underlying standard zoning district. In exchange for such flexibility, it is anticipated that development within a planned unit development overlay district will reflect the city's planning policies as set forth in the city's comprehensive plan and offer one or more of the following advantages:

(a)

Positively contributes to the appearance and function of land uses and site design in the area.

(b)

Promote a greater level of architectural quality and be compatible with other structures in the area.

(c)

Conserve and protect environmentally sensitive areas, areas of natural beauty, and natural green spaces.

(d)

Preserve the cultural and historic character and significance of existing structures or areas.

(e)

Provide substantial buffers and transitions between different land uses and densities.

(f)

Reduce congestion on streets and improve pedestrian and bicycle circulation.

(g)

Development would not conflict with or cause overload on such facilities as schools, highways, police, fire, or utility services.

(h)

Ensure proper maintenance and preservation of any common areas for recreation and esthetic enhancement.

(2)

Intent. Planned unit developments are intended to encourage, promote, and provide improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this chapter and the city Comprehensive Plan. To this end, planned unit developments allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. The planned unit development overlay district shall allow development to be designed, reviewed, approved, constructed, and managed as approved by the common council rather than required by the underlying zoning district.

(a)

The city may permit flexibility in the types of uses, area and yard requirements, off-street parking, and/or other regulations set forth in this chapter by use of exceptions/base standard modifications subject to the demonstration of their appropriateness for the area under consideration.

(b)

It is not intended that the city will automatically grant exceptions/base standard modifications in a planned unit development overlay district, and it is expected the city will grant only such exceptions when they are consistent and comparable with benefits to the community that result from the planned unit development.

(c)

The city may require, as conditions of approval, any reasonable stipulation, limitation, or design factor which will promote suitable development in the planned unit development overlay district.

(d)

A public hearing process is required to review a request for a planned unit development. This process will essentially combine the process for a zoning map amendment (for the general development plan (GDP) step) with that required for a conditional use (for the specific implementation plan (SIP) step), with several additional requirements. See section 78-10.44 for the general development plan and specific implementation plan requirements.

(3)

Provision of flexible development standards for planned unit developments.

(a)

Permitted location.

1.

Planned unit developments shall be permitted with the approval of a planned unit development overlay zoning district, specific to the approved planned unit development, within all zoning districts.

(b)

Flexible development standards.

1.

The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned unit development.

a.

Land use requirements.

i.

All land uses listed as "Residential", "Institutional", or "Mixed-Use" in article III may be permitted within a planned unit development.

b.

Density, intensity, and bulk requirements.

i.

All requirements listed in article IV Bulk Regulations and article II for Density, Intensity, and Bulk Regulations within the SR-7, SR-10, TF-8, TF-10, MR-10, MR-20, I, NMU, SMU, and CMU zoning districts may be waived within a planned unit development.

c.

Landscaping requirements.

i.

All requirements listed in article VIII may be waived within a planned unit development.

d.

Parking and loading requirements.

i.

All requirements listed in section 78-06.06 and 78-06.07 may be waived within a planned unit development.

(4)

Applicability. Areas that may be deemed appropriate for a planned unit development overlay district include, but are not limited to:

(a)

Transitional areas that involve locations with a mix of different land uses where new development is proposed in an area of preexisting uses and buildings.

(b)

Infill areas located in a developed area that involve parcels that may have been bypassed during the normal course of urbanization or that have been cleared.

(c)

Redevelopment areas where first or subsequent uses and/or structures are to be replaced by new uses and/or structures.

(d)

Special areas that include locations that are considered community gateways or entryway corridors and those areas identified as special planning areas in the city's comprehensive plan.

(e)

Development areas where base zoning standards may not be appropriate and/or needed, and where the developer and community will benefit from a greater level of flexibility in land use and bulk controls.

(5)

Planned unit developments are exempt from the requirements of section 78-06.02 Group developments.

(1)

Purpose. The residents of the city depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this division is to institute land use regulations and restrictions protecting the municipal water supply of the city and promote the public health, safety and general welfare of the residents. Statutory authority of the city to enact these regulations is established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a) and (c). Under these statutes, the city has the authority to enact this division, effective in the incorporated areas of the city, to encourage the protection of groundwater resources.

(2)

Intent. The Wellhead Protection district is created to institute land use regulations and restrictions within a defined area which contributes water directly to a municipal water supply and thus promotes public health, safety, and welfare. The district is intended to protect the groundwater recharge area for the existing or future municipal water supply from contamination. The regulations of the groundwater protection overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the groundwater protection overlay district are more stringent.

(3)

Applicability. The regulations specified in this division shall apply to the incorporated areas of Milton that lie within the recharge areas for municipal water supply wells and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this ordinance and the zoning ordinance, the more restrictive provision shall apply.

(4)

Groundwater protection overlay district boundaries. The boundaries of the groundwater protection overlay districts shall be shown on the Milton Zoning Map. The locations and boundaries of the zoning districts established by this article are set forth on the City of Milton Municipal Wellhead Protection Areas Map which is incorporated herein and hereby made a part of this division. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this ordinance as though fully set forth and described herein. Zone 1 and Zone 2 for the Milton well fields are delineated on the Wellhead Protection Area Map which is attached and made a part of the ordinance from which this division is derived.

(5)

Definitions.

Aquifer. A saturated, permeable geologic formation that contains and will yield significant quantities of water.

Cone of depression. The area around a well, in which the water level has been lowered at least one-tenth of a foot by pumping of the well.

Five-year time of travel. The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.

Municipal water supply. The municipal water supply of the city.

Person. An individual, partnership, association, corporation, municipality or state agency, or other legal entity.

Recharge area. The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well.

Thirty-day time of travel. The recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.

Well field. A piece of land used primarily for the purpose of locating wells to supply a municipal water system.

Zone of saturation. The area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.

(6)

Groundwater technical review committee. The purpose of the Milton Groundwater Technical Review Committee is to provide objective and scientific technical review of requests for conditional use permits and make recommendations to the plan commission to grant or deny conditional use permits based upon the facts discovered in that review, to make recommendations on any and all conditions placed on a conditional use permit, and to give advice on matters concerning groundwater. The Milton Groundwater Technical Review Committee shall consist of all of the following:

(a)

The city planner.

(b)

The city engineer/director of public works.

(c)

The superintendent/manager of water utility.

(d)

A local representative from the department of natural resources with expertise in groundwater or groundwater contamination issues, appointed by their department and approved by the common council.

(e)

One member, who has at least one of the following qualifications:

1.

Is a hydrogeologist, hydrologist or a professional engineer with a background in groundwater; or

2.

Is a certified groundwater professional.

(7)

Zones. The groundwater protection overlay district is divided into Zone 1 and Zone 2 as follows:

(a)

Zone 1 of groundwater protection overlay district. Zone 1 is the area of land which contributes water to the well in question, out to a 30-day time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2 with zone boundaries normalized to road centerlines, railways, surface water features, and the public land survey section lines, 1/2, 1/4, 1/8, or 1/16 section lines.

(b)

Zone 2 of the groundwater protection overlay district. Zone 2 encompasses the area of land which contributes water to the well starting at the line which delineates the 30-day time of travel and ends at the line delineating the five-year time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2 with Zone boundaries normalized to road centerlines, railways, surface water features, and the public land survey section lines, 1/2, 1/4, 1/8, or 1/16 section lines.

(8)

Permitted uses.

(a)

The following permitted uses in Zone 1 are subject to the separation distance requirements, section 78-02.82(7), and prohibited uses, section 78-02.82(8).

1.

Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks.

2.

Wildlife and natural and woodland areas.

3.

Biking, hiking, skiing, nature, equestrian and fitness trails.

4.

Residential which is municipally sewered.

5.

Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.

(b)

The following permitted uses in Zone 2 are subject to the separation distance requirements, section 78-02.82(7), and prohibited uses, section 78-02.82(8).

1.

All of the uses permitted in Zone 1.

2.

Single-family residences on a minimum lot of 20,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the county and state health standards for the effluent, and is in conformance with ch. Comm 83, Wis. Adm. Code.

3.

Commercial establishments which are municipally sewered.

4.

Industrial establishments which are municipally sewered.

5.

Residential use of above ground LP gas tanks for heating, not to exceed 1,000 gallons.

(9)

Separation distance requirements. The following minimum separation distances as specified in s. NR 811.16(4)(d), Wis. Adm. Code, shall be maintained:

(a)

Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications. NOTE. Current AWWA 600 specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's office and the Office of the Revisor of Statutes.

(b)

Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.

(c)

Four hundred feet between a public water supply well and a septic system receiving less than 8,000 gallons per day, or a stormwater detention, retention, infiltration or drainage basin.

(d)

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce (hereafter commerce) or its designated agent under s. Comm 10.10, Wis. Adm. Code.

(e)

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.

(f)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from commerce or its designated agent under s. Comm 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(10)

Prohibited uses. The following uses are prohibited in Zones 1 and 2.

(a)

Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40CFR Part 370.)

(b)

Cemeteries.

(c)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(d)

Coal storage.

(e)

Dry cleaners.

(f)

Industrial lagoons and pits.

(g)

Landfills and any other solid waste facility, except post-consumer recycling.

(h)

Manure and animal waste storage except animal waste storage facilities regulated by the county.

(i)

Nonmetallic earthen materials extraction or sand and gravel pits.

(j)

Pesticide and fertilizer dealer, transfer or storage.

(k)

Railroad yards and maintenance stations.

(l)

Rendering plants and slaughterhouses.

(m)

Salt or deicing material storage.

(n)

Salvage or junk yards.

(o)

Septage or sludge spreading, storage or treatment.

(p)

Septage, wastewater, or sewage lagoons.

(q)

Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.

(r)

Stockyards and feedlots.

(s)

Stormwater infiltration basins without pre treatment, including vegetative filtration and/or temporary detention.

(t)

Motor vehicular services, including filling and service stations, repair, renovation and body working.

(u)

Wood preserving operations

(v)

In Zone 1, the conditional uses of section 78-02.82(9) are prohibited.

(11)

Conditional uses.

(a)

Any person may request a conditional use permit for certain uses, activities and structures within Zone 2 of the groundwater protection overlay district not prohibited in section 78-02.82(8).

(b)

The uses, activities, and structures that may be conditionally allowed within Zone 2 are:

1.

Jewelry plating and metal plating.

2.

Machine or metal working shops.

3.

Commercial establishments utilizing a private on-site wastewater treatment system receiving less than 8,000 gallons per day, which is in conformance with ch. Comm 83, Wis. Adm. Code.

4.

Research labs, universities and hospitals.

5.

Exposed hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.) This shall not apply to residential LP gas tanks which are permitted under section 78-02.82(6).

6.

Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, ch. NR 140, Wis. Adm. Code (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)

(c)

All requests for a conditional use permit shall be submitted in writing to the city, and shall include all of the following:

1.

A site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours.

2.

A business plan and/or other documentation which describes in detail the use, activities, and structures proposed.

3.

An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality.

4.

An operational safety plan, which details the operational procedures for material processes and containment, best management practices, stormwater runoff management, and groundwater monitoring.

5.

A contingency plan which addresses in detail the actions tat will be taken should a contamination event caused by the proposed use, activities, or structures occur.

(d)

The person making the request shall reimburse the city for consultant fees and technical review committee expenses associated with this review at the invoiced amount, plus administrative costs.

(e)

All conditional use permits granted shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These conditions shall include all of the following:

1.

Provide current copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the city.

2.

Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.

3.

Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.

4.

Prepare, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the city.

(f)

The Milton Plan Commission shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Milton Groundwater Technical Review Committee. Any conditions above and beyond those specified in conditional uses, subsection (e) herein, that are recommended by the Milton Groundwater Technical Review Committee may be applied to the granting of the conditional use permit.

(12)

Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the groundwater protection overlay district at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form and all other facilities which are considered a prohibited use in prohibited uses, section 78-02.82(8), or a conditional use in conditional uses, section 78-02.82(9), all of which are incorporated herein as if fully set forth.

(a)

Such facilities as above which exist within the district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and on-going environmental monitoring results to the city.

(b)

Such facilities as above which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the city, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

(c)

Such facilities as above cannot engage in or employ a use, activity, or structure listed in prohibited uses, section 78-02.82(8), or in conditional uses, section 78-02.82(9), which they did not engage in or employ at the time of enactment of a district, and can only expand, replace or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or conditional use shall be expanded, replaced, or rebuilt unless a conditional use permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.

(13)

Changing technology.

(a)

The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low or non-risk materials or methods, upon petition from such use, after conferring with the groundwater technical review committee or other expert opinion, and after appropriate public notice and hearing, the city through appropriate procedures and actions to change these provisions of the Milton Municipal Code may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

(b)

In considering uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, the intent of this section is not to accept alternate or reduced hazards as the basis for making a use permissible. The intent of this section is to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

(14)

Enforcement and penalty.

(a)

Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this division shall be subject to a penalty as provided in section 1-3 of this Code.

(b)

Injunction. The city may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.

(c)

Cleanup costs. As a substitute for, and in addition to any other action, the city may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a ground water protection overlay district shall immediately cease such discharge and immediately initiate clean up satisfactory to the city and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant, or other contractor fees, including all administrative costs for oversight, review and documentation, including the city employees, equipment, and mileage.

(15)

Conflict, interpretation and severability.

(a)

Conflict and interpretation of provisions. If the provisions of the different chapters of this division conflict with or contravene each other, the provisions of each section shall prevail as to all matters and questions arising out of the subject matter of such section. In their interpretation and application, the provisions of this division shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this division may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.

(b)

Severability of code provisions. If any section, subsection, sentence, clause or phrase of the division is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. The common council hereby declares that they would have passed this division and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.

(1)

Purpose. This district is intended to preserve, protect, and enhance lakes, ponds, wetlands, woodlands, wildlife habitat areas, areas of rough topography, and related scenic areas. 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; protect wildlife habitat; protect native plant communities; avoid location of structures on soils which are generally not suitable for such use; control erosion and sedimentation; and maintain the natural beauty of the city.

(2)

Components of environmental corridors. Environmental corridor lands contain the following natural resource components. natural streams and natural drainageways; vegetative buffers for wetlands and shorelands; 100-year floodplains and floodways; wetlands; navigable waterways; stormwater facilities.

(3)

Permitted uses. The following uses are permitted in the EC District:

(a)

Construction and maintenance of fences, piers, docks, walkways, including those built on pilings.

(b)

Hiking, fishing, trapping, hunting, swimming, and boating, unless prohibited by other laws or ordinances.

(c)

Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, syrup, tree fruits and tree seeds in a manner that is not injurious to the natural reproduction of such crops and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.

(d)

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

(e)

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

(f)

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

(g)

Maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.

(h)

Forest and game management.

(i)

Park and recreational activities and recreational trails.

(j)

Preservation of scenic, historic, natural areas and critical species habitat sites.

(k)

Grading, filling, and slope stabilization methods and structures such as retaining walls (including the removal of vegetation in such areas) used to remove, reduce, and stabilize steep slope areas as depicted on a grading and erosion control plan approved by the city engineer.

(4)

Conditional uses. The following uses are permitted as conditional uses within the EC District:

(a)

Passive recreational uses.

(b)

Public services and utilities.

(c)

Land disturbing activity (other than grading, filling, and slope stabilization per (4)(k) above), meeting the requirements of this section.

(5)

Development regulations within the EC District. Development may be accommodated in the upland portions of the EC District (not located within a floodway, floodplain, flood storage area, or the buffer of a wetland, lake, pond, navigable stream, or other drainageway) as a conditional use. The following provisions shall apply:

(a)

All development shall comply with all of the requirements of the underlying standard zoning district, all other applicable overlay zoning districts, and the requirements of this section specific to the EC District.

(b)

All land disturbing activities shall comply with city land division regulations and the construction and erosion control ordinance.

(c)

Development does not result in significant adverse water quality impacts or erosion potential as determined by the city engineer.

(d)

Development of the remaining environmental corridor lands is prohibited by a conservation easement or deed restriction in a manner approved by the city attorney.

(e)

The development shall not threaten the environmental integrity or function of the remaining corridor.

(f)

Development is compact rather than scatted in nature.

(g)

No structures shall be erected within the separation distances specified in subsection (7), below.

(h)

No lands shall be disturbed within the separation distances specified in subsection (7), below.

(i)

No vegetation shall be removed from the separation distances specified in subsection (7), below, except for invasive, non-native, dead or diseased vegetation. All development shall meet the separation distance requirements in subsection (7), below.

(6)

Separation distance requirements.

(a)

The disturbed or developed area shall be located a minimum of ten feet from woodlands.

(b)

The disturbed or developed area shall be located a minimum of 20 feet from steep slopes.

(c)

For the required setback of disturbed or developed areas from wetlands, floodplains, lakes, navigable water, navigable streams, and other drainageways that are not mapped as navigable streams, see section 78-02.80.

(7)

Pre-existing lots. Single-family development (including principal structures, accessory structures, and paved areas) may be permitted on existing conforming lots of record or substandard lots of record with blanket conforming status per article V through the conditional use process in instances where such development is proposed within the separation distances specified in subsection (7), above. Such conditional use application shall demonstrate to the satisfaction of the plan commission and common council that all proposed development will have minimal adverse environmental impacts.

(8)

Tree cutting and shrubbery clearing limited. Except as permitted under a conditional use permit, lands lying within the EC District shall not be clear cut of trees, shrubbery or underbrush. No more than ten percent of the natural vegetation shall be removed from a parcel. Areas not occupied by structures or driveways shall be replanted with other vegetation that is equally effective in retarding runoff, preventing erosion, and preserving natural beauty. Normal pruning, trimming and shearing of vegetation; removal of dead, diseased, insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt from this restriction.

(9)

Enforcement.

(a)

Penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided by the City of Milton Municipal Code.

(b)

Injunction. The city may, in addition to any other remedy, seek an injunction or restraining order against the party alleged to have violated the provisions of this section.

(c)

Restoration costs. The person in violation of this section shall perform mitigation measures, such as reforestation wetland enhancements, erosion mitigation, or slope stabilization as determined appropriate by the city. As a substitute for, or in addition to any other action, the city may commence legal action against the person in violation of this section.

(1)

Purpose. Uncontrolled use of the shoreland-wetland and pollution of the navigable waters of the municipality adversely affects the public health, safety, convenience, and general welfare and impair the tax base. Pursuant to Wis. Stats. § 62.231, this ordinance is enacted to preserve regulations relating to certain shorelands previously subject to county shoreland regulations under Wis. Stats. § 59.692. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

(a)

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

(b)

Maintain the storm and flood water storage capacity of wetlands;

(c)

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(d)

Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

(e)

Prohibit certain uses detrimental to the shoreland wetland area; and

(f)

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland wetland excavation, filling and other earth moving activities.

(2)

District boundaries. The Shoreland-Wetland Overlay District includes all wetlands in the municipality which are five acres or more and are shown on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer and made part of this ordinance and which are:

(a)

Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps; and

(b)

Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Floodplain zoning maps shall be used to determine the extent of floodplain areas.

(3)

Determinations of navigability. Determinations of navigability and ordinary high water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary high-water mark.

(4)

Applicability of Shoreland-Wetland Overlay regulations. Application of the Shoreland-Wetland Overlay District designation does not repeal any existing zoning district designation or any other applicable ordinance, statute or other regulation. The Shoreland-Wetland Overlay District regulations set forth under this section supplement existing regulations shall apply whenever they establish a standard that is either not imposed by any other ordinance, statute or regulation or when they establish a standard that is more restrictive than that imposed by any other ordinance statute or regulation.

(5)

Permitted uses. The following uses are permitted subject to the provisions of Wis. Stats., chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable.

(a)

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs.

1.

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

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.

The pasturing of livestock;

5.

The cultivation of agricultural crops; and

6.

The construction and maintenance of duck blinds.

(b)

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

1.

The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

2.

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

3.

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

4.

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

5.

The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

6.

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 78-02.84(1) of this ordinance; and

7.

The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(c)

Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:

1.

The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section 78-02.84(5), of this ordinance, provided that:

2.

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

3.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 78-02.84(1) of this ordinance;

4.

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

5.

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

6.

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

7.

The construction and maintenance of nonresidential buildings provided that:

a.

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

b.

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

c.

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

d.

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

8.

The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

a.

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

b.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

c.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section 78-02.84(5)(c) of this ordinance; and

d.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

9.

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:

a.

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

b.

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

c.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 78-02.84(1) of this ordinance.

(6)

Prohibited uses.

(a)

Any use not listed in section 78-02.84(5) of this chapter is prohibited unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance.

(b)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(7)

Shoreland-Wetland Overlay District regulations.

(a)

Setback from water.

1.

All principal and accessory buildings shall be set back at least 75 feet from the ordinary high-water mark.

2.

A setback less than 75 feet for a principal building may be allowed if all of the following apply:

a.

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and

b.

The principal building is constructed or placed within a distance equal to the average setback of the principal buildings on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

(b)

Vegetative buffer zone. A vegetative buffer zone shall extend the entire length of the shoreline and 35 feet inland. Existing vegetation within the vegetation buffer zone shall be maintained except as follows:

1.

If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

2.

Vegetation may be removed in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and that extends no more than 35 feet inland from the ordinary high-water mark.

(8)

Nonconforming structures and uses within the Shoreland-Wetland District.

(a)

The lawful use of a building, structure or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

1.

The shoreland-wetland provisions of this ordinance authorized by Wis. Stats., § 62.231, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stats § 62.23(7)(hb).

(b)

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

(c)

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

(d)

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

(e)

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

(f)

Zoning permits.

1.

When required.

a.

Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development or any change in the use of an existing building or structure is initiated.

(9)

Amending Shoreland-Wetland Zoning regulations.

(a)

The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of Wis. Stats., § 62.23(7)(d)2., NR 117, Wis. Adm. Code, and the following:

1.

A copy of each proposed text or map amendment shall be submitted to the appropriate office of the department within five days of the submission of the proposed amendment to the municipal planning agency;

2.

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by Wis. Stats., § 62.23(7) (d)2. The appropriate office of the department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.

3.

In order to ensure that this ordinance will remain consistent with the shoreland protection objectives of Wis. Stats., § 281.31, the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

a.

Storm and flood water storage capacity;

b.

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;

c.

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

d.

Shoreline protection against erosion;

e.

Fish spawning, breeding, nursery or feeding grounds;

f.

Wildlife habitat; or

g.

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

4.

Where the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 78-02.84(1), of this chapter, the department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

5.

The appropriate office of the department shall be provided with:

a.

A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten days after the submission of those recommendations to the municipal governing body.

b.

Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

6.

If the department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 78-02.84(1), of this chapter, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the department. If within the 30-day period, the department notifies the municipality that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Wis. Stats., §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats., § 62.231(6) or Wis. Stats., § 61.351(6), is completed or otherwise terminated.

See chapter 79 of the City Municipal Code.