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Mukwonago Town City Zoning Code

ARTICLE VII

OVERLAY DISTRICTS

Sec. 36-801. - Generally.

The hydric soils (HS) district includes those lands that are mapped as having hydric soil conditions (i.e., depth to groundwater of one foot or less) according to the Soil Survey of Milwaukee and Waukesha Counties published by the USDA Soil Conservation Service (now known as the Natural Resources Conservation Service (NRCS)).

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Sec. 36-802. - Boundary interpretation.

Where questions arise as to the exact location or boundary of a hydric soils (HS) district, the town building inspector is authorized to use his or her best judgment to establish the boundary of the district. If the location of the district is not readily evident to the building inspector, the property owner will need to hire a certified soil tester to define the extent of the district.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Sec. 36-803. - Use regulations.

(a)

Within A-1 zoning district. When located in the A-1 district, land may be cultivated subject to the regulations associated with the underlying zoning district, provided such lands have been historically cultivated. It is not the intent of this provision to promote or permit the conversion of wetlands. Development and other land-disturbing activities are subject to applicable wetland regulations adopted by the state.

(b)

Other zoning districts. In all other zoning districts, development and land-disturbing activities are subject to applicable wetland regulations adopted by the state.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Sec. 36-851. - Generally.

The environmental corridor (EC) district includes those lands designated as environmental corridor by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) in 2015 that are not otherwise part of a conservancy (C-1) district. This district is intended to preserve, protect, enhance, and restore those areas, while also affording an opportunity to use the site for limited residential purposes, in concert with the goal and intent of the county development plan and the town comprehensive plan, which suggests that residential densities in such areas not exceed one unit per five acres for all lots, which lie entirely within the environmental corridor.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Sec. 36-852. - Boundary interpretation.

Where questions arise as to the exact location or boundary of an environmental corridor (EC) district, the town building inspector is authorized to use his or her best judgment to establish the boundary of the district. If the location of the district is not readily evident to the building inspector, he or she shall request a field investigation by the Southeastern Wisconsin Regional Planning Commission staff biologist or his or her designee.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Sec. 36-853. - Use regulations.

(a)

Vegetation management. Vegetation may be managed in the environmental corridor (EC) district to control invasive plant species and to facilitate other forest management objectives, provided such activity is approved by the plan commission.

(b)

Development within district. A building envelope may be established within the environmental corridor (EC) district for (1) a principal building and accessory buildings, as may be allowed; (2) an area for an onsite septic system and well, as may be required; (3) an area around the principal building for outdoor living; and (4) an access from a public roadway to the principal and accessory buildings. The size and configuration of the building envelope shall conform to the following requirements:

(1)

For lots entirely within an environmental corridor (EC) district, the area of the building envelope shall be no larger than the amounts specified in the table below.

Lot Size Maximum Land Disturbance
3.5 acres or larger 25,900 square feet
2 acres or larger, but less than 3.5 acres 18 percent of lot area
Less than 2 acres 19 percent of lot area

 

(2)

For lots partially within and partially outside of the environmental corridor environmental corridor (EC) district that are vacant as of September 16, 2020 or where the principal building is located outside of the environmental corridor (EC) district, new development shall be limited to the area outside of the environmental corridor (EC) district (except when such land is in the conservancy (C-1) district), unless a building envelope is shown on the face of an approved certified survey map or subdivision plat or on a site map recorded with a deed restriction as approved by the town board. Land within the environmental corridor (EC) district may be disturbed for driveways but only when such location is the only feasible alternative to provide access from the public roadway to the principal and accessory buildings.

(3)

For lots partially within and partially outside of the EC environmental corridor district that host a principal use as of September 16, 2020 in the EC environmental corridor district, the area of the building envelope shall comply with the amounts specified in the table in this subsection.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)