(1)

ESTABLISHMENT. (Rep. & recr. #183) For the purpose of this chapter, the Village is hereby divided into 13 basic districts designated as follows:

(a)

A-1 Agricultural District.

(b)

RE-1 Rural Estate District.

(c)

R-1 Single Family Residential District.

(d)

R-2 Single Family Residential District.

(e)

R-4 Multiple Family Elderly.

(f)

R-5a Planned Unit Development District.

(g)

R-5b Planned Unit Development District.

(h)

B-1 Central Business District.

(i)

B-2 General Business District.

(j)

M-1 Limited Industrial District.

(k)

P-1 Park/Public District.

(l)

Conservancy District.

(m)

S-1 Shoreland Overlay District

(2)

BOUNDARIES. (Rep. & recr. #183) Boundaries of these districts are hereby established as shown on the map entitled "Village of Nashotah Zoning Map" adopted January 4, 1995, with amendments, which is hereby adopted by reference and made a part of this chapter. Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended, unless otherwise noted on the zoning map.

(3)

VACATION. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(4)

ANNEXATIONS. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the A-1 Agricultural District, unless the annexation ordinance temporarily places the land in another district. Within one year, the Village Plan Commission shall evaluate and recommend a permanent classification to the Village Board.

(5)

ZONING MAP. A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter, and shall bear upon its face the attestation of the Village President and Village Clerk and shall be available to the public in the office of the Village Clerk.

(6)

CHANGES. Changes to the general zoning districts shall not be effective until entered and attested on the certified copy.

(1)

INTENT. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further the intent of this district to protect the lands contained herein from urban development pressures until their orderly transition into urban oriented districts is required.

(2)

PERMITTED USES.

(a)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, livestock raising (except commercial feedlots), orchards, poultry raising, paddocks, stables, truck farming and viticulture provided, however, that farm buildings housing animals, barnyards and feedlots shall not be located within a floodland and shall be at least 100' from any navigable water or district boundary and provided not more than one head of livestock, nor more than 20 fowl are kept for each acre of lot area.

(b)

Existing dwellings not accessory to any farm operation or dwellings remaining after consolidation of farms.

(c)

Essential services.

(d)

Single family dwellings.

(3)

PERMITTED ACCESSORY USES.

(a)

Customary accessory buildings, including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(b)

One farm dwelling per operating farm.

(c)

Private garages, carports and boathouses accessory to permitted accessory farm dwellings, provided that such accessory uses shall not involve the conduct of a business.

(d)

Home occupations.

(4)

CONDITIONAL USES. See §§17.60-17.71 of this chapter.

(5)

LOT AREA AND WIDTH.

(a)

Farm structures erected, moved or structurally altered shall provide a contiguous area of not less than 20 acres and no farm lot shall be less than 500' in width.

(b)

Accessory farm dwellings, existing residential structures and farm dwellings remaining after the consolidation of existing farms shall provide a lot area of not less than 2 acres and a lot width of not less than 200'.

(6)

BUILDING HEIGHT AND AREA. No building or parts of a building shall exceed 60' in height. No farm dwelling or other residential structure shall be less than 1,400 sq. ft. in area, with a minimum first floor area of 900 sq. ft. and more than 35' in height.

(7)

SETBACK AND YARDS.

(a)

A minimum building setback of 50'.

(b)

There shall be a side yard on each side of all buildings not less than 25' in width.

(c)

There shall be a rear yard of not less than 50'.

(8)

OPEN SPACE. A minimum open space requirement of 70% of the lot area shall be maintained.

(1)

INTENT. The RE-1 Rural Estate District is intended to provide for high quality, low density, single family development with minimum 2 acre lots.

(2)

PERMITTED USES.

(a)

Single-family dwellings.

(b)

Essential services.

(3)

PERMITTED ACCESSORY USES.

(a)

Private garages and carports.

(b)

Gardening, tool and storage sheds incidental to the residential use.

(c)

Home occupations.

(4)

CONDITIONAL USES. See §§17.60—17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall be a minimum of 2 acres in area and shall be not less than 200 feet in width.

(6)

BUILDING HEIGHT AND AREA.

(a)

No building or parts of a building shall exceed 35 feet in height for primary residences and 15 feet in height for accessory buildings.

(b)

The total minimum floor area shall be 1,400 sq. ft., with a minimum first floor area of 900 sq. ft. A tri-level dwelling shall have a minimum area of 475 sq. ft. per habitable level, with a 700 sq. ft. minimum middle level.

(7)

SETBACK AND YARDS.

(a)

A minimum building setback of 50 feet.

(b)

There shall be a side yard on each side of all buildings not less than 30 feet in width.

(c)

There shall be a rear yard of not less than 30 feet behind all buildings.

(8)

OPEN SPACES. A minimum open space requirement of 70% of the lot area shall be maintained.

(1)

INTENT. The R-1 Residential District is intended to provide for high quality, low density, single family residential development, with minimum one acre lots.

(2)

PERMITTED USES.

(a)

Single family dwelling; essential services.

(b)

Planned unit development under conditional use (see §17.60) upon recommendation of the Plan Commission. Such use would be permitted on parcels of suitable size and appropriate location, where the unified and planned development of such tract would allow a more desirable utilization of the site and produce a more aesthetic and economical development than would result from the application of normal district controls. It is intended that adequate open spaces be provided and the overall density of the project not be greater than that permitted in the underlying district. See 17.31 of this chapter.

(3)

PERMITTED ACCESSORY USES.

(a)

Private garage and carports.

(b)

Gardening, tool and storage sheds incidental to the residential use.

(c)

Home occupations.

(4)

CONDITIONAL USES. See §§17.60-17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall be a minimum of 43,560 sq. ft. (one acre) in area and shall be not less than 150' in width.

(6)

BUILDING HEIGHT AND AREA.

(a)

No building or parts of a building shall exceed 35' in height for primary residences and 15' in height for accessory buildings.

(b)

The total minimum floor area shall be 1,400 sq. ft. with a minimum first floor area of 800 sq. ft. A tri-level dwelling may have a minimum area of 475 sq. ft. per habitable level.

(7)

SETBACK AND YARD.

(a)

A minimum building setback of 50' is to be shown on the plat or certified survey map.

(b)

There shall be a side yard on each side of all buildings not less than 25' in width.

(c)

There shall be a rear yard of not less than 25'.

(8)

OPEN SPACE. A minimum open space requirement of 70% of the lot area shall be maintained.

(1)

INTENT. The R-2 Residential District is intended to provide for high quality, single family residential development, with minimum ½ acre lots.

(2)

PERMITTED USES.

(a)

Single family dwellings.

(b)

Essential services.

(3)

PERMITTED ACCESSORY USES. (Rep. & recr. #183)

(a)

Private garages and carports.

(b)

Gardening, tool, and storage sheds incidental to residential use.

(c)

Home occupations.

(4)

CONDITIONAL USES. See 17.60-17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall be a minimum of 21,780 sq. ft. in area and shall be not less than 100 feet in width.

(6)

BUILDING HEIGHT AND AREA. No building or parts of a building shall exceed 35 feet in height for primary residences and 15 feet in height for accessory buildings. The total minimum floor area shall be 1,200 sq. ft. with a minimum first floor area of 700 sq. ft. A tri-level dwelling may have a minimum area of 450 sq. ft. per habitable level.

(7)

SETBACK AND YARDS.

(a)

A minimum building setback of 50 feet.

(b)

There shall be a side yard on each side of all buildings not less than 15 feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(8)

OPEN SPACE. A minimum open space requirement of 75% of the lot area shall be maintained.

(1)

INTENT. The R-4 District is intended to provide for attached multiple family housing for older persons located in areas which are both compatible with and convenient to the residents of such a district. All new housing permitted in this district shall be served by public sanitary sewer service.

(2)

PERMITTED USES.

(a)

Attached multiple-family housing for older persons.

(b)

Essential services.

(3)

PERMITTED ACCESSORY USES.

(a)

Private garages and carports.

(b)

Gardening, tool and storage sheds incidental to the residential use.

(4)

CONDITIONAL USES. See 17.60—17.71 of this chapter.

(5)

LOT AREA AND WIDTH. (Rep. & recr. #127) Lots shall have a minimum of 12,000 sq. ft. with not less than 6,000 sq. ft. per dwelling unit. Lots shall be not less than 120′ in width.

(6)

BUILDING HEIGHT AND AREA. No building or parts of a building shall exceed 35′ in height for primary residences and 15′ in height for accessory buildings. The minimum first floor area of a principal structure shall be 1,150 sq. ft. and no dwelling unit shall have an area of less than 600 sq. ft.

(7)

SETBACK AND YARDS.

(a)

There shall be a minimum setback of 40′.

(b)

There shall be a side yard on each side of all buildings not less than 20′ in width.

(c)

There shall be a rear yard of not less than 25′.

(8)

PLANS AND SPECIFICATIONS TO BE SUBMITTED TO PLAN COMMISSION. Every builder of any building erected or structurally altered for multiple family use shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Village Plan Commission, who will approve the plans only after determining that the proposed building will not impair an adequate supply of light and air to adjacent property; substantially increase the danger of fire or traffic congestion; otherwise endanger the public health or safety; or substantially diminish or impair property values within the neighborhood.

(9)

HOUSING FOR OLDER PERSONS. (Cr. #127)

(a)

As used in this section "housing for older persons" means housing:

1.

Provided under any State or Federal program that the Federal Government determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or

2.

Intended for, and solely occupied by, persons 62 years of age or older; or

3.

Intended and operated for occupancy by persons 55 years of age or older, and

a.

At least 80% of the occupied units are occupied by at least one person who is 55 years of age or older; and

b.

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

c.

The housing facility or community complies with federal rules for verification of occupancy, which shall:

•

Provide for verification by reliable surveys and affidavits; and

•

Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of (9)(a)3.c. Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

(b)

Housing shall not fail to meet the requirements for housing for older persons by reason of:

1.

Persons residing in such housing as of December 28, 1995, who do not meet the age requirements of subsection 2. or 3: Provided, that new occupants of such housing meet the age requirements of subsections (a)2. or 3., or

2.

Unoccupied units: Provided, that such units are reserved for occupancy by persons who meet the age requirements of subsections (a)2. or 3.

(1)

INTENT. The R-5a Planned Unit Development District is intended for high quality, single family residential development. This district would provide for clustered housing at a one acre density when combined with open space reservations.

(2)

PERMITTED USES.

(a)

Single family dwellings.

(b)

Essential services.

(3)

PERMITTED ACCESSORY USES.

(a)

Private garages and carports.

(b)

Gardening, tool and storage sheds incidental to their residential use.

(4)

CONDITIONAL USES. As specified in §17.31 of this chapter.

(5)

LOT AREA AND WIDTH. Residential density shall be minimum one acre per dwelling unit. Lot width will be determined through §17.31 of this chapter.

(6)

SETBACKS AND YARDS. Setback and yard requirements will be determined through §17.31 of this chapter and any conditional uses agreed to on specific projects.

(7)

OPEN SPACE. Open space requirements will be determined through §17.31 of this chapter.

(1)

INTENT. The R-5b Planned Unit Development District is intend-ed to provide for high quality, single family residential development. This district would provide for clustered housing at a ½ acre density when combined with open space reservations.

(2)

PERMITTED USES.

(a)

Single family dwellings.

(b)

Essential services.

(3)

PERMITTED ACCESSORY USES.

(a)

Private garages and carports.

(b)

Gardening, tool and storage sheds incidental to the residential use.

(4)

CONDITIONAL USES. As specified in §17.31 of this chapter.

(5)

LOT AREA AND WIDTH. Residential density shall be minimum ½ acre per dwelling unit. Lot width will be determined through §17.31 of this chapter.

(6)

SETBACKS AND YARDS. Setback and yard requirements will be determined through §17.31 of this chapter.

(7)

OPEN SPACE. Open space requirements will be determined through §17.31 of this chapter.

(1)

INTENT. The B-1 Business District is intended to provide for the orderly continuation of the traditional central business district. The business activities are of a general nature and have been characterized by on-street parking structures that abut the street right-of-way. While continuing those existing businesses at their present level of service, new business structures located in the B-1 Business District should be required to provide for off-street parking and loading.

(2)

PERMITTED USES. (Rep. & recr. #183)

(a)

Any of the following listed uses:

Antique shops

Appliance stores

Art shops

Bakeries

Barber shops

Beauty shops

Bed and Breakfast

Bicycle stores; sales

Book or stationary stores

Business offices

Caterers

Churches

Clothing stores

Clothing repair stores

Computer sales and service

Confectioneries

Convenience stores

Craft shops

Delicatessens

Florists

Furniture and upholstery shops

Gift shops

Hobby shops

Ice cream shops

Interior decorating shops

Jewelry shops

Municipal buildings

Music and radio stores

Pet shops

Photographers and photographic supplies

Printing

Produce stores

Professional offices

Restaurants

Secondhand stores

Tailor shops

Taverns

(3)

PERMITTED ACCESSORY USES.

(a)

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

(b)

Off-street parking and loading area.

(c)

Residential quarters for the owner, proprietor or commercial tenant and rental apartments are permitted, as an accessory use in the principal structure subject to the following provisions: (Rep. & recr. #183)

1.

The use of the property for residential quarters and/or rental apartments must, at all times, be accessory to an existing permitted use of the principal structure.

2.

For all residential quarters and rental apartments, there shall be a minimum floor area of 420 sq. ft. for a one bedroom unit and 500 sq. ft. for a 2 bedroom unit.

3.

Residential quarters and rental apartments in the B-1 District shall be reviewed by the Village Plan Commission in the same manner provided for in §17.46(8) of this chapter.

(4)

CONDITIONAL USES. See §§17.60—17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall have a minimum of 6,000 sq. ft. in area and shall be not less than 66 feet in width.

(6)

BUILDING HEIGHT AND AREA. No building or parts of a building shall exceed 35 feet in height.

(7)

SETBACK AND YARDS.

(a)

No minimum setback required.

(b)

No minimum side yard required.

(c)

There shall be a rear yard of not less than 25 feet.

(8)

PLANS AND SPECIFICATIONS TO BE SUBMITTED TO PLAN COMMISSION. (Cr. #183) Every owner of any building erected or structurally altered shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Village Plan Commission, who will approve the plans only after determining that the proposed building will not impair an adequate supply of light and air to the adjacent properties; substantially increase the danger of fire or traffic congestion; otherwise endanger the public health or safety; or substantially diminish or impair property values within the neighborhood.

(1)

INTENT. The B-2 Business District is intended to provide for limited customer service establishments which are compatible with the surrounding uses. The services provided in this district are intended not to compete with or detract from those services provided in the B-1 Central Business District. This district is generally located away from the traditional central business district and provides such amenities as increased open space and off-street parking and loading facilities.

(2)

PERMITTED USES.

(a)

Any of the following listed uses: (Am. #183; #213)

Business Office

Churches

Clinics

Furniture and upholstery shops

Landscaping business

Parking lots

Photographers, photographic supplies and processing

Printing shop

Professional offices

(b)

The Plan Commission may deny any of these uses or approve other uses.

(3)

PERMITTED ACCESSORY USES.

(a)

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

(b)

Off-street parking and loading areas.

(c)

Gymnasiums if used in conjunction with a permitted use. (Cr. #213)

(4)

CONDITIONAL USES. See §§17.60—17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall have a minimum of 15,000 sq. ft. in area and shall be not less than 100 feet in width.

(6)

BUILDING HEIGHT AND AREA. No building or parts of a building shall exceed 35 feet in height. No minimum floor area required.

(7)

SETBACK AND YARDS.

(a)

A minimum building setback of 25 feet.

(b)

There shall be a side yard on each side of all buildings not less than 15 feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(8)

PLANS AND SPECIFICATIONS TO BE SUBMITTED TO PLAN COMMISSION. (Cr. #183) Every owner of any building erected or structurally altered shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Village Plan Commission, who will approve the plans only after determining that the proposed building will not impair an adequate supply of light and air to the adjacent properties; substantially increase the danger of fire or traffic congestion; otherwise endanger the public health or safety; or substantially diminish or impair property values within the neighborhood.

(1)

INTENT. The M-1 Industrial District is intended to accommodate existing manufacturing ventures in the more congested industrial/commercial areas of the Village and permit limited expansion and improvements of such activities in a manner that is not incompatible with surrounding land uses. The M-1 District shall not generally be applied to generate new industrial structures, but such industry should conform to the following standards:

(2)

PERMITTED USES. (Rep. & recr. #183)

(a)

Any of the following listed uses:

Automotive body repairs

Automotive upholstery

Commercial bakeries

Commercial greenhouses

Cosmetic manufacturing

Electrical appliances manufacturing

Electronic devices manufacturing

Garages for servicing and repair of cars, trucks, and other equipment and machinery

Glass manufacturing

Laboratories

Leather fabrication, excluding tanning

Machine shops

Manufacture and bottling of beverages

Manufacture of textiles, plastics and woods

Municipal services building

Packaging and assembly of products made from fur

Packaging and packing of confections

Painting

Pharmaceuticals processing

Printing and publishing

Storage and sale of machinery and equipment

Warehousing

Wholesaling

(3)

PERMITTED ACCESSORY USES.

(a)

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

(b)

Off-street parking and loading areas.

(c)

Office, storage, power supply and other uses normally auxiliary to the principal industrial operations.

(4)

CONDITIONAL USES. See §§17.60—17.71 of this chapter.

(5)

LOT AREA AND WIDTH. Lots shall have a minimum of 15,000 sq. ft. in area and shall not be less than 100 feet in width.

(6)

BUILDING HEIGHT AND AREA. No building or part of a building shall exceed 35 feet in height. No minimum floor area required.

(7)

SETBACK AND YARDS.

(a)

A minimum building setback of 25 feet.

(b)

There shall be a side yard on each side of all buildings not less than 15 feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(8)

PLANS AND SPECIFICATIONS TO BE SUBMITTED TO PLAN COMMISSION. (Cr. #183) Every owner of any building erected or structurally altered shall, before a zoning permit is issued, present detailed plans and specifications of the proposed structure to the Village Plan Commission, who will approve the plans only after determining that the proposed building will not impair an adequate supply of light and air to the adjacent properties; substantially increase the danger of fire or traffic congestion; otherwise endanger the public health or safety; or substantially diminish or impair property values within the neighborhood.

(1)

INTENT. The C-1 Conservancy District is intended to be used to prevent disturbing of valuable natural or man-made resources and to protect woodlands, geographic features, marshlands, bogs and watercourses, including the shorelands of navigable waters and areas that are not adequately drained or which are subject to periodic flooding, where development would result in hazards to health or safety; would deplete or destroy natural resources; or be otherwise incompatible with the public welfare.

(2)

PERMITTED USES. (Rep. & recr. #183)

(a)

Fishing.

(b)

Cross country skiing.

(c)

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

(d)

Hiking, bicycle and equestrian trails.

(e)

Preservation of scenic, historic and scientific areas.

(f)

Public fish hatcheries.

(g)

Public parks.

(h)

Soil and water conservation.

(i)

Sustained yield forestry.

(j)

Stream bank and lakeshore protection.

(k)

Water retention and wildlife preserves.

(3)

CONDITIONAL USES. If through good site and engineering designs a development can be created which is compatible and harmonious with the natural amenities of the Conservancy District area and with surrounding land uses, then a request for a conditional use for such development may be submitted. Such requests shall be accompanied by an overall plan of the entire site showing roads; parking areas; lot lines; easements; location of tree cover, including the designation of individual trees of 10 inches in diameter or more that are proposed for removal in the vicinity of the proposed project; location of other natural and biological features, such as wetlands and areas of valuable wildlife habitat; drainageways; and location of proposed structures, existing contours and proposed grading, drainage utilities and landscaping in such details as the Village Planner and Village President shall require before it may be reviewed by the Plan Commission. The approval of such request by the Village Board shall require a finding that:

(a)

The development will not detrimentally affect or destroy natural features, such as ponds, streams, wetlands and forested areas, but will preserve and incorporate such features into the development's site design.

(b)

The location of natural features and the site's topography have been considered in the design and siting of all physical improvement.

(c)

Adequate assurances have been received so that the clearing of the site of topsoil, trees and other natural features before the commencement of building operations will occur. Only those areas provided for the placement of physical improvements may be cleared.

(d)

The development will not substantially reduce the natural retention storage capacity of any watercourse, thereby increasing the magnitude and volume of flood at other locations.

(e)

The soil and subsoil conditions are suitable for excavation and site preparation and the drainage is designed to prevent erosion and environmentally deleterious runoff.

(f)

The development will be free from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, fumes, water pollution and other objectionable influences.

(g)

The petitioner will be substantially damaged by being required to place the intended development outside the Conservancy District.

(h)

A financial plan to guarantee the completion of the project shall be submitted to and approved by the Village Board prior to commencing work on any such project.

(i)

The DNR has indicated in writing that they have no objection to the proposed project.

(4)

DUMPING AND FILLING PROHIBITED. Lands lying within the Conservancy District shall not be used for dumping or be filled, except as authorized to permit establishment of approved bulkhead lines or to accommodate bridge approaches. Normal earth grading activities to permit utilization of the lands for open space, outdoor recreation, yard, parking and similar uses are permitted.

(5)

DANGEROUS MATERIALS STORAGE PROHIBITED. Lands lying within the Conservancy District shall not be used for the storage of materials that are buoyant, flammable, explosive or injurious to human, animal or plant life.

(6)

INCOMPATIBLE USE PROHIBITED. Lands lying within the Conservancy District shall not be used for any solid waste disposal site or on-site soil absorption sanitary sewerage system site.

(1)

INTENT. The P-1 Park/Public District is intended to provide for areas where the open space and recreational needs, both public and private, of the citizens of the Village can be met without undue disturbance of natural resources and adjacent uses. This district is intended to include publicly owned facilities which serve a public use, such as education, recreation, medical care or government.

(2)

PERMITTED USES. (Rep. & recr. #183)

(a)

Elderly care and housing.

(b)

Golf courses without country club facilities.

(c)

Historic or monument sites.

(d)

Hiking and nature trails.

(e)

Neighborhood tot lots.

(f)

Outdoor skating rinks.

(g)

Parks and playgrounds.

(h)

Picnicking areas.

(i)

Playfields or athletic fields.

(j)

Sledding, skiing or tobogganing.

(k)

Tennis courts.

(3)

PERMITTED ACCESSORY USES. Buildings accessory to the permitted uses.

(4)

CONDITIONAL USES. See §§17.60—17.71 of this chapter.

(5)

BUILDING HEIGHT. To be determined by Village Planning Commission.

(6)

YARDS. To be determined by Village Planning Commission.

See Ch. 16 of this Code of Ordinances.

(1)

INTENT. The S-1 Shoreland Overlay District is intended to protect the shoreland created by Lake Nagawicka. In addition to the restrictions provided by the underlying district, the following regulations will be applied to shorelands. The S-1 District provisions recognize that there is a special public interest in protection and control of shorelands that is not provided by the basic use provisions.

(2)

PERMITTED USES, PERMITTED ACCESSORY USES, LOT AREA AND WIDTH, BUILDING HEIGHT AND AREA, SETBACK YARD AND OPEN SPACE. As specified in underlying district regulations.

(3)

CONDITIONAL USES.

(a)

Tree cutting and shrubbery clearing within 300' of the high watermark of the lake, except for approved home and park site improvement, customary trimming, dead tree removal and managed timber harvesting.

(b)

Trails shall not exceed 10' in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty.

(c)

Earth movements, such as grading, topsoil removal, filling, road cutting, construction, altering or enlargement of waterways, removal of lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging, lagooning and soil and water conservation structures, provided that such uses are so regulated as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen and topography.

(d)

Surface water withdrawal, diversion or discharge for irrigation, processing, cooling or other purposes.

(e)

Crop production on lands with an erosion factor of 3 or more.

(f)

Tillage, grazing, livestock watering and feeding, and application of fertilizers.

(g)

Minimum riparian frontage required for lake access shall be 200' or greater based on environmental impact.

(4)

CONDITIONAL APPROVAL AND PERMITS. S-1 District conditional use approval and permits are required in accordance with §§17.60-17.71 of this chapter.

* Except as required in § 17.16 and with maximum floor area as specified in § 17.09 under definition of FLOOR AREA RATIO.