Pewaukee Village City Zoning Code
ARTICLE VI
- DISTRICTS
DIVISION 3. - R-1 RESIDENTIAL DETACHED DISTRICT[5]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 3 in its entirety to read as herein set out. Former Division 3, §§ 40.161—40.170, pertained to similar provisions, and derived from Ord. No. 99-5, § 17.07(1)(a)—(j), May 4, 1999; Ord. No. 2015-14, § 1, December 15, 2015.
DIVISION 4. - R-2 RESIDENTIAL DETACHED DISTRICT[6]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 4 in its entirety to read as herein set out. Former Division 4, §§ 40.171—40.180, pertained to similar provisions, and derived from Ord. No. 99-5, § 17.07(2)(a)—(j), May 4, 1999; Ord. No. 2010-15, §§ 1, 2, October 5, 2010; Ord. No. 2015-14, § 1, December 15, 2015.
DIVISION 5. - R-3 RESIDENTIAL DETACHED DISTRICT[7]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 5 in its entirety to read as herein set out. Former Division 5, §§ 40.181—40.190, pertained to similar provisions, and derived from Ord. No. 99-5, §§ 17.07(3)(a)—(j), May 4, 1999; Ord. No. 2010-15, § 3, adopted Oct. 5, 2010; Ord. No. 2015-14, § 1, adopted Dec. 15, 2015.
DIVISION 6. - R-4 RESIDENTIAL DETACHED DISTRICT[8]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 6 in its entirety to read as herein set out. Former Division 6, §§ 40.191—40.2000, pertained to similar provisions, and derived from Ord. No. 99-5, §§ 17.07(4)(a)—(i), May 4, 1999; Ord. No. 2010-15, § 5, October 5, 2010; Ord. No. 2015-14, § 1, December 15, 2015.
DIVISION 16. - IPS INSTITUTIONAL AND PUBLIC SERVICE DISTRICT[11]
Editor's note— Ord. No. 2020-02, § I, adopted May 5, 2020, amended Division 16 in its entirety to read as herein set out. Former Division 16, §§ 40.330—40.346, pertained to similar provisions, and derived from Ord. No. 99-5, §§ 17.10(1)(a)—(k), (m)—(q), May 4, 1999; Ord. No. 2004-13, § 1, August 3, 2004; Ord. No. 2010-11, § 1, May 4, 2010; Ord. No. 2012-12, § I, November 1, 2012; Ord. No. 2013-18, § 1, January 21, 2013; Ord. No. 2018-04, § I, April 17, 2018.
DIVISION 18.5.- RESIDENTIAL INFILL-REDEVELOPMENT OVERLAY DISTRICT[12]
Editor's note— Ord. No. 2020-14, § I, adopted October 20, 2020, set out provisions intended for use as Division 18.5, §§ 40.001—40.013. For purposes of maintaining the numbering style of the Code, and at the editor's discretion, these provisions have been included as set out herein.
DIVISION 22. - FLOODPLAIN ZONING ORDINANCE[13]
Editor's note— Ord. No. 2014-04, § 1, adopted Mar. 18, 2014, repealed the former Div. 22, §§ 40.385—40.394, and enacted a new Div. 22 as set out herein. The former Div. 22 pertained to similar subject matter and derived from Ord. No. 2008-08, § 1(Att.), adopted Nov. 18, 2008.
DIVISION 23. - HOUSING FOR THE ELDERLY OVERLAY DISTRICT[14]
Editor's note— Ord. No. 2020-16, § I, adopted November 17, 2020, set out provisions intended for use as Division 18.5. At the direction of the city, these provisions have been redesignated as Division 23.
DIVISION 25. - SHORELAND ZONING[15]
Editor's note— Ord. No. 2014-08, § 1, adopted Aug. 5, 2014, supplied provisions to be added to this Code as §§ 40.410—40.412. In order to preserve the existing numbering system, at the discretion of the editor, these provisions have redesignated as §§ 40.409.1—40.409.5 to read as set out herein.
Sec. 40.156.- Establishment of districts.
In order to carry out the purpose and provisions of this chapter, the Village of Pewaukee is divided into the following districts:
(Ord. No. 99-5, § 17.06(1), 5-4-1999)
Sec. 40.157. - Zoning district maps.
(a)
The location and boundaries of the districts established by this article are set forth in the official zoning map.
(b)
Should the official zoning map be lost, destroyed or damaged, the Village of Pewaukee chairperson may have a new map drawn on acetate or other durable material from which prints can be made. No further board authorization or action is required so long as no district boundaries are changed in this process.
(c)
Amendments to the official zoning map are accomplished using the same procedures that apply to other amendments to this chapter, as set forth in section 40.117.
(d)
The village clerk, or designee, shall update the official zoning map as soon as possible after amendments to it are adopted by the board. Upon entering any such amendment on the map, the village clerk, or designee, shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.
(e)
No unauthorized person may alter or modify the official zoning map.
(f)
The village clerk shall keep copies of superseded prints of the zoning map for historical reference.
(Ord. No. 99-5, § 17.06(2), 5-4-1999)
Sec. 40.158. - Determination of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules should apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, highways, railroads or alleys shall be construed to follow centerlines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(4)
Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(Ord. No. 99-5, § 17.06(3), 5-4-1999)
Sec. 40.159. - Zoning of streets, alleys, public-ways, waterways and railroad rights-of-way.
All streets, alleys, public-ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public-ways or waterways and railroad rights-of-way. Where the centerline of a street, alley, public-way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(Ord. No. 99-5, § 17.06(4), 5-4-1999)
Sec. 40.160.- Zoning district summary table.
*Note: Offset requirements may be greater for rear yards. Consult the chapter for details.
Sec. 40.161.- Purpose.
The R-1 residential detached district (one acre minimum density) is intended to provide for large lot single-family detached residential development.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.162. - Permitted uses.
Single-family detached dwellings are permitted in the R-1 district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.163. - Permitted accessory uses.
Permitted accessory uses in the R-1 district shall be:
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.165.75 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swing set, jungle gym, swimming pool and tennis court).
(4)
One horse shall be permitted on lots of at least three acres. One additional horse shall be allowed per each additional acre.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.164. - Conditional uses.
Conditional uses in the R-1 district shall be:
(1)
Private outdoor recreational facilities not normally accessory to a residential use.
(2)
Country inns (i.e., bed and breakfast facilities) and country restaurants.
(3)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(4)
Guest house subject to, among other things, a living quarters being within a detached accessory building which is located on the same lot with the principal residential structure. Furthermore, the guesthouse is intended for use by temporary guests of the residents and shall have no kitchen facilities and not be rented or otherwise used as a separate dwelling.
(5)
Additional non-income producing living accommodation with separate bath and kitchen facilities for relatives of the individuals residing in the primary dwelling.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.165. - Lot size.
The minimum lot size in the R-1 district shall have a net area of not less than one acre. The planning commission, however, reserves the right to determine if a subdivision, land division and/or condominium application should be processed as a cluster development. If the planning commission believes that a cluster form of development is preferable to standard and conventional platting, the applicant/developer will be required to submit a cluster design for planning commission review and approval.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.165.5. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.165.75. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.166. - Dwelling standards.
Single-family dwellings within the R-1 district shall have a 1,800 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.167. - Building height.
(a)
The height of any dwelling unit in the R-1 district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.168. - Minimum average lot width.
The minimum average lot width in the R-1 district shall be no less than 150 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.169. - Minimum building setback.
No building or structure in the R-1 district, hereafter erected, shall be placed closer than 50 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.170. - Minimum building offset.
Minimum building offset in the R-1 district shall be:
(1)
Side lot line: Minimum 20 feet.
(2)
Rear lot line: Minimum 35 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory storage structures and detached garages: Minimum ten feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.171.- Purpose.
The R-2 residential detached district (one-half acre minimum density) is intended to provide for medium size lot single-family detached residential development.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.172. - Permitted uses.
Single-family detached dwellings are permitted in the R-2 district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.173. - Permitted accessory uses.
Permitted accessory uses in the R-2 district shall be:
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.175.75 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swing set, jungle gym, swimming pool and tennis court).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.174. - Conditional uses.
Conditional uses in the R-2 district shall be:
(1)
Private outdoor recreational facilities not normally accessory to a residential use.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(3)
Additional non-income producing living accommodation with separate bath and kitchen facilities for relatives of the individuals residing in the primary dwelling.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.175. - Lot size.
The minimum lot size in the R-2 district shall have a net area of not less than one-half acre (i.e., 21,780 square feet).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.175.5. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.175.75. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.176. - Dwelling standards.
Single-family dwellings within the R-2 district shall have a 1,800 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.177. - Building height.
(a)
The height of any dwelling unit in the R-2 district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.178. - Minimum average lot width.
The minimum average lot width in the R-2 district shall be no less than 120 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.179. - Minimum building setback.
No building or structure in the R-2 district, hereafter erected, shall be placed closer than 50 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.180. - Minimum building offset.
Minimum building offset in the R-2 district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
Accessory storage structures and detached garages: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.181.- Purpose.
The R-3 residential detached district (15,000 square foot minimum) is intended to provide for moderate size lot single-family detached residential development.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.182. - Permitted uses.
Single-family detached dwellings are permitted in the R-3 district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.183. - Permitted accessory uses.
Permitted accessory uses in the R-3 district shall be:
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.185.75 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swing set, jungle gym, swimming pool and tennis court).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.184. - Conditional uses.
Conditional uses in the R-3 district shall be:
(1)
Private outdoor recreational facilities not normally accessory to a residential use.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(3)
Additional non-income producing living accommodation with separate bath and kitchen facilities for relatives of the individuals residing in the primary dwelling.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.185. - Lot size.
The minimum lot size in the R-3 district shall have a net area of not less than 15,000 square feet (0.34 acres).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.185.5. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.185.75. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.186. - Dwelling standards.
Single-family dwellings within the R-3 district shall have a 1,600 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.187. - Building height.
(a)
The height of any dwelling unit in the R-3 district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.188. - Minimum average lot width.
The minimum average lot width in the R-3 district shall be no less than 120 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.189. - Minimum building setback.
No building or structure in the R-3 district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.190. - Minimum building offset.
Minimum building offset in the R-3 district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
Accessory storage structures and detached garages: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.191.- Purpose.
The R-4 residential detached district (12,000 square foot minimum) is intended to provide for relatively compact single-family detached residential development.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.192. - Permitted uses.
Single-family detached dwellings are permitted in the R-4 district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.193. - Permitted accessory uses.
Permitted accessory uses in the R-4 district shall be:
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.195.75 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swingset, jungle gym, swimming pool and tennis court).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.194. - Conditional uses.
Conditional uses in the R-4 district shall be:
(1)
Private outdoor recreational facilities not normally accessory to a residential use.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(3)
Additional non-income producing living accommodation with separate bath and kitchen facilities for relatives of the individuals residing in the primary dwelling.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.195. - Lot size.
The minimum lot size in the R-4 district shall have a net area of not less than 12,000 square feet (0.27 acres).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.195.5. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.195.75. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.196. - Dwelling standards.
Single-family dwellings within the R-4 district shall have a 1,400 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes). Minimum area on the first floor is 1,000 square feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.197. - Building height.
(a)
The height of any dwelling unit in the R-4 district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.198. - Minimum average lot width.
The minimum average lot width in the R-4 district shall be no less than 80 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.199. - Minimum building setback.
No building or structure in the R-4 district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.200. - Minimum building offset.
Minimum building offset in the R-4 district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
Accessory storage structures and detached garages: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Subdivision I. - Generally[9]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 7, Subdivision I in its entirety to read as herein set out. Former Subdivision I, §§ 40.201—40.210, pertained to similar provisions, and derived from Ord. No. 99-5, §§ 17.07(5)(a)—(i), May 4, 1999; Ord. No. 2010-15, § 7, October 5, 2010; Ord. No. 2013-04, § 1, April 16, 2013; Ord. No. 2014-05, § 1, July 15, 2014; Ord. No. 2015-14, § 1, December 15, 2015.
Subdivision II. - R-5 Lakefront Overlay District[10]
Editor's note— Ord. No. 2020-05, § I, adopted May 5, 2020, amended Division 7, Subdivision II in its entirety to read as herein set out. Former Subdivision II, §§ 40.210.1—40.210.10, pertained to similar provisions, and derived from Ord. No. 2007-7, §§ 1(40.211)—(40.219), July 17, 2007; Ord. No. 2014-05, § 1, July 15, 2014; Ord. No. 2015-14, § 1, December 15, 2015; Ord. No. 2015-15, § 1, December 15, 2015.
Sec. 40.211.- Purpose.
The R-6 residential plex district (eight units per acre maximum density) is intended to provide for high quality medium density single-family plex residential.
(Ord. No. 99-5, § 17.07(6)(a), 5-4-1999)
Sec. 40.212. - Permitted uses.
Permitted uses in the R-6 district shall be subject to planning commission approval of the building, site and operational plans, and attached residential dwellings shall be in building groups of at least two but no more than four dwelling units per building.
(Ord. No. 99-5, § 17.07(6)(b), 5-4-1999)
Sec. 40.213. - Permitted accessory uses.
Permitted accessory uses in the R-6 district shall be subject to planning commission approval of the building, site and operational plans and shall include:
(1)
Private garages and paved parking areas, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swingset, jungle gym, swimming pool and tennis court).
(Ord. No. 99-5, § 17.07(6)(c), 5-4-1999)
Sec. 40.214. - Conditional uses.
Conditional uses in the R-6 district shall be:
(1)
Public or private outdoor recreational facilities.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(Ord. No. 99-5, § 17.07(6)(d), 5-4-1999)
Sec. 40.215. - Lot size.
The minimum lot size in the R-6 district shall have a net area of not less than 43,560 square feet (i.e., one acre).
(Ord. No. 99-5, § 17.07(6)(e), 5-4-1999)
Sec. 40.216. - Density.
The maximum allowed density in the R-6 district shall be eight units per acre.
(Ord. No. 99-5, § 17.07(6)(f), 5-4-1999)
Sec. 40.217. - Dwelling standards.
Minimum required floor area of each dwelling unit in the R-6 district shall be:
(1)
One bedroom units: 750 square feet.
(2)
Two bedroom units: 950 square feet.
(3)
Three bedroom units: 1,200 square feet.
(Ord. No. 99-5, § 17.07(6)(g), 5-4-1999)
Sec. 40.218. - Minimum average lot width.
The minimum average lot width in the R-6 district shall be no less than 150 feet.
(Ord. No. 99-5, § 17.07(6)(h), 5-4-1999)
Sec. 40.219. - Minimum building setback.
No building or structure in the R-6 district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 99-5, § 17.07(6)(i), 5-4-1999)
Sec. 40.220. - Minimum building offset.
Minimum building offset in the R-6 district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
Accessory storage structures: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 99-5, § 17.07(6)(j), 5-4-1999; Ord. No. 2010-15, § 9, 10-5-2010)
Sec. 40.221. - Building height.
(a)
The height of the principal structure in the R-6 district shall not exceed 42 feet (up to 45 feet if the building design incorporates a gabled roofline).
(b)
The height of accessory structures shall not exceed 15 feet or the width of the structure, whichever is less.
(Ord. No. 99-5, § 17.07(6)(h), 5-4-1999; Ord. No. 2023-14, § 1, 8-15-2023)
Sec. 40.222.- Purpose.
The RM multiple-family residential district is intended to provide for high quality, medium density, multiple-family development within the areas designated on the land use plan map as "multifamily."
(Ord. No. 99-5, § 17.07(7)(a), 5-4-1999)
Sec. 40.223. - Permitted uses.
Permitted uses in the RM district shall be subject to planning commission approval of the building, site and operational plans shall include multiple-family dwellings with five or more units per building.
(Ord. No. 99-5, § 17.07(7)(b), 5-4-1999)
Sec. 40.224. - Permitted accessory uses.
Permitted accessory uses in the RM district shall be subject to planning commission approval of the building, site and operational plans and shall include:
(1)
Private garages and paved parking areas, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swingset, jungle gym, swimming pool and tennis court).
(Ord. No. 99-5, § 17.07(7)(c), 5-4-1999)
Sec. 40.225. - Conditional uses.
Conditional uses in the RM district shall be:
(1)
Public or private outdoor recreational facilities.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(Ord. No. 99-5, § 17.07(7)(d), 5-4-1999)
Sec. 40.226. - Lot size.
The minimum lot size in the RM district shall be one acre.
(Ord. No. 99-5, § 17.07(7)(e), 5-4-1999)
Sec. 40.227. - Density.
The maximum allowed density in the RM district shall be 12 units per acre.
(Ord. No. 99-5, § 17.07(7)(f), 5-4-1999)
Sec. 40.228. - Dwelling standards.
Minimum required floor area of each dwelling unit in the RM district shall be:
(1)
One bedroom units: 750 square feet.
(2)
Two bedroom units: 950 square feet.
(3)
Three bedroom units: 1,200 square feet.
(Ord. No. 99-5, § 17.07(7)(g), 5-4-1999)
Sec. 40.229. - Building height.
(a)
The height of the principal structures in the RM district shall not exceed three stories or 42 feet (up to 45 feet if the building design incorporates a gabled roofline).
(b)
The height of accessory structures shall not exceed 15 feet or the width of the structure, whichever is less.
(Ord. No. 99-5, § 17.07(7)(h), 5-4-1999; Ord. No. 2023-14, § 1, 8-15-2023)
Sec. 40.230. - Minimum average lot width.
The minimum average lot width in the RM district shall be no less than 150 feet.
(Ord. No. 99-5, § 17.07(7)(i), 5-4-1999)
Sec. 40.231. - Minimum building setback.
No building or structure in the RM district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 99-5, § 17.07(7)(j), 5-4-1999)
Sec. 40.232. - Minimum building offset.
Minimum building offset in the RM district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
Accessory storage structures: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 99-5, § 17.07(7)(k), 5-4-1999; Ord. No. 2010-15, § 10, 10-5-2010)
Sec. 40.233. - Lot coverage.
Not more than 30 percent of the lot may be covered by buildings, structures and paved area in the RM district.
(Ord. No. 99-5, § 17.07(7)(l), 5-4-1999)
Sec. 40.234. - Parking requirements.
Minimum required enclosed parking spaces in the RM district shall be:
(1)
One bedroom units: 1.75 parking spaces per unit.
(2)
Two bedroom units: 2.00 parking spaces per unit.
(3)
Three bedroom units: 2.00 parking spaces per unit.
(Ord. No. 99-5, § 17.07(7)(k), 5-4-1999)
Sec. 40.235.- Purpose.
The MH mobile home residential district is intended to provide for mobile home residential development presently developed in the Village of Pewaukee. No future extension or expansion of mobile home development in the village is anticipated.
(Ord. No. 99-5, § 17.07(8)(a), 5-4-1999)
Sec. 40.236. - Permitted uses.
Permitted uses in the MH district shall be subject to planning commission approval, site and operational plans shall include mobile home residential dwellings.
(Ord. No. 99-5, § 17.07(8)(b), 5-4-1999)
Sec. 40.237. - Permitted accessory uses.
Permitted accessory uses in the MH district shall be subject to planning commission approval of the building, site and operational plans and shall include:
(1)
Private garages and paved parking areas, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swingset, jungle gym, swimming pool and tennis court).
(Ord. No. 99-5, § 17.07(8)(c), 5-4-1999)
Sec. 40.238. - Conditional uses.
Conditional uses in the MH district shall be:
(1)
Public or private outdoor recreational facilities.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(Ord. No. 99-5, § 17.07(8)(d), 5-4-1999)
Sec. 40.239. - Lot size.
Lot size in the MH district shall be subject to planning commission approval.
(Ord. No. 99-5, § 17.07(8)(d), 5-4-1999)
Sec. 40.240. - Density.
The maximum allowed density in the RM district shall be eight units per acre.
(Ord. No. 99-5, § 17.07(8)(e), 5-4-1999)
Sec. 40.241. - Dwelling standards.
Minimum required floor area of each dwelling unit in the MH district shall be:
(1)
One bedroom units: 750 square feet.
(2)
Two bedroom units: 950 square feet.
(3)
Three bedroom units: 1,200 square feet.
(Ord. No. 99-5, § 17.07(8)(f), 5-4-1999)
Sec. 40.242. - Building height.
(a)
The height of the principal structures in the MH district shall not exceed 20 feet.
(b)
The height of accessory structures shall not exceed 15 feet or the width of the structure, whichever is less.
(Ord. No. 99-5, § 17.07(8)(g), 5-4-1999)
Sec. 40.243. - Minimum average lot width.
The minimum average lot width in the MH district shall be subject to planning commission approval.
(Ord. No. 99-5, § 17.07(8)(h), 5-4-1999)
Sec. 40.244. - Minimum building setback.
No building or structure in the MH district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 99-5, § 17.07(8)(i), 5-4-1999)
Sec. 40.245. - Minimum building offset.
Minimum building offset in the MH district shall be:
(1)
Side lot line: Minimum five feet.
(2)
Rear lot line: Minimum ten feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures: Minimum five feet.
(Ord. No. 99-5, § 17.07(8)(j), 5-4-1999)
Sec. 40.246.- Purpose.
The B-1 community business district is established to generally accommodate the basic day-to-day retail and service needs of persons residing within the Village of Pewaukee community.
(Ord. No. 99-5, § 17.08(1)(a), 5-4-1999)
Sec. 40.247. - General requirements.
General requirements in the B-1 district shall include:
(1)
Buildings shall be designed in individual or small groupings and shall not exceed 20,000 square feet per structure, unless approved as a conditional use. The commercial development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(2)
All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. Outside storage is not permitted except as specifically approved by the planning commission.
(3)
In approving or disapproving proposed locations for uses under this division the planning commission shall give due consideration to the character and suitability of development for the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the Village of Pewaukee planning commission regarding traffic generation, ground water impact, sewage disposal impact, lighting, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The village planning commission, in applying the provisions of this division, shall in the meeting minutes recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the village planning commission may affirm, modify or withdraw its determination of unsuitability.
(4)
Site development shall be approved by the planning commission in accordance with articles VIII and IX of this chapter.
(5)
The size and location of projects within the district shall be based upon evidence of justifiable community need, satisfactory traffic impact and its potential contribution to the welfare of the community.
(Ord. No. 99-5, § 17.08(1)(b), 5-4-1999)
Sec. 40.248. - Permitted uses.
Permitted uses in the B-1 district shall include:
(1)
Retail trade and service establishments which supply convenience and specialized goods such as, but not necessarily limited to, groceries, meats, dairy products, baked goods or other convenience goods, drugs, dry goods and notions, and/or services such as but not necessarily limited to health clubs, educational services, dry cleaning, tailor, repair shops (e.g. watches, electronics, etc.), beauty and/or barber shops, photography studio and art galleries.
(2)
Professional office and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(3)
Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.
(4)
Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.
(5)
Bakeries, candy and confectionery shops when engaged primarily in the retail sales of such goods for consumption off site. Bakery, candy and confectionery shops may also include on premises production and/or wholesaling functions of the same or similar goods as are offered for sale on the premises, provided these functions are of a scale considered accessory to the principal retail use.
(Ord. No. 99-5, § 17.08(1)(c), 5-4-1999; Ord. No. 2011-09, § 1, 6-21-2011; Ord. No. 2013-18, § 1, 1-21-2014)
Sec. 40.249. - Permitted accessory uses.
Permitted accessory uses in the B-1 district shall include:
(1)
Residential quarters for the owner/proprietor located in the same building as the business subject to a 900 square foot minimum and 1,200 square foot maximum floor area.
(2)
Accessory buildings and uses customarily incidental to the above uses including, but not limited to, garages and dumpster storage facilities.
(Ord. No. 99-5, § 17.08(1)(d), 5-4-1999)
Sec. 40.250. - Conditional uses.
Conditional uses in the B-1 district shall include:
(1)
Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.
(2)
Restaurants and nightclubs, including outside seating.
(3)
Cultural activities including, but not limited to, museums, libraries and art galleries.
(4)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view.
(5)
Religious institutions.
(6)
Animal hospitals and kennels.
(7)
Wholesaling establishments.
(8)
General merchandising and department stores.
(9)
Indoor or outdoor recreational and entertainment facilities.
(10)
Automobile service facilities including, but not limited to, gasoline sale and automotive repair.
(11)
Motels and hotels.
(12)
Research and development facilities.
(13)
Child day care facilities.
(14)
Buildings greater than 20,000 square feet subject to, among other things, planning commission determination that the building and use furthers the public interest of the immediate area and community.
(15)
Satellite dishes greater than two feet in diameter.
(16)
State certified adult day care facilities.
(17)
Clinics.
(18)
Thrift shops.
(Ord. No. 99-5, § 17.08(1)(e), 5-4-1999; Ord. No. 2012-12, § Ia, 11-1-2012; Ord. No. 2013-18, § 1, 1-21-2014; Ord. No. 2013-19, § 1, 11-19-2013)
Sec. 40.250.5. - Prohibited uses.
Prohibited uses in the B-1 district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(a), 9-20-2022)
Sec. 40.251. - Lot size.
The minimum lot size in the B-1 district shall have an area of not less than one acre.
(Ord. No. 99-5, § 17.08(1)(f), 5-4-1999)
Sec. 40.252. - Maximum impervious lot coverage.
Maximum impervious coverage area on a lot in the B-1 district shall not exceed 65 percent with possibility of up to 70 percent if the greenspace requirement has been approved for reduction to 30 percent.
(Ord. No. 99-5, § 17.08(1)(g), 5-4-1999; Ord. No. 2021-12, § 1, 9-7-2021)
Sec. 40.253. - Building height.
The height of any structure in the B-1 district shall not exceed four stories or 55 feet unless otherwise allowed in accordance with section 40.421.
(Ord. No. 99-5, § 17.08(1)(h), 5-4-1999; Ord. No. 2021-12, § 1, 9-7-2021)
Sec. 40.254. - Minimum building setback.
All structures within the B-1 district shall be set back 50 feet from the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(1)(i), 5-4-1999)
Sec. 40.255. - Minimum building offset.
No principal building or structure in the B-1 district, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. No accessory structure shall be placed closer than ten feet to a side or rear lot line. If, however, adjoining property is zoned residential, no principal commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.
(Ord. No. 99-5, § 17.08(1)(j), 5-4-1999)
Sec. 40.256. - Open space ratio.
In the B-1 district a minimum of 35 percent of the developed site shall be retained as open space. Open space configuration and distribution shall be subject to specific planning commission approval. The open space ratio may be reduced to 30 percent subject to planning commission approval of a landscape plan that provides at least 150 percent of the standard landscape requirement specified in section 40.445(d).
(Ord. No. 99-5, § 17.08(1)(k), 5-4-1999)
Sec. 40.257. - Lot width.
The minimum lot width in the B-1 district shall be 100 feet.
(Ord. No. 99-5, § 17.08(1)(l), 5-4-1999)
Sec. 40.258. - Off-street parking.
Off-street parking in the B-1 district shall be in accordance with applicable regulation set forth in section 40.426.
(Ord. No. 99-5, § 17.08(1)(m), 5-4-1999)
Sec. 40.259. - Minimum parking and driveway offset.
No driveway or parking area in the B-1 district shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.
(Ord. No. 99-5, § 17.08(1)(n), 5-4-1999)
Sec. 40.260. - Minimum parking setback.
In the B-1 district no driveway, excluding the portion of driveway required for road access, or parking area shall be located closer than 25 feet to the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(1)(o), 5-4-1999)
Sec. 40.261.- Purpose.
The B-2 district is established to accommodate the mixed use retail, office, service and residential needs of the downtown area generally located along the Lakefront on West Wisconsin Avenue, Park Avenue, Lake Street, East Wisconsin Avenue and Oakton Avenue.
(1)
Improve visual and physical access to the Pewaukee River.
(2)
Design for "walkable" streets, while maintaining functionality for all traffic types.
(3)
Promote pedestrian interconnectivity.
(4)
Coordinate public streetscape with private improvements.
(5)
Improve the aesthetic qualities of gateways into the downtown.
(Ord. No. 99-5, § 17.08(2)(a), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.262. - General requirements.
(a)
All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings. Outside storage is not permitted except as specifically approved by the planning commission.
(b)
Site development shall be approved by the planning commission in accordance with article VII, article VIII and article IX of chapter 40 of this Municipal Code.
(c)
The size and location of projects within the district shall be based upon evidence of justifiable community need, satisfactory traffic impact and its potential contribution to the welfare of the community.
(d)
In approving or disapproving proposed locations for uses under this section the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the village planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area and/or would not generate a significant adverse impact relative to the above-mentioned elements.
(e)
Improve visual and physical access to the Pewaukee River.
(f)
Design for "walkable" streets, while maintaining functionality for all traffic types.
(g)
Promote pedestrian interconnectivity.
(h)
Coordinate public streetscape with private improvements.
(i)
Improve the aesthetic qualities of gateways into the downtown.
(Ord. No. 99-5, § 17.08(2)(b), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.263. - Permitted uses.
Permitted uses [in the B-2 District] shall include, but not necessarily be limited to, the following:
(1)
Retail trade and service establishments which supply convenience and specialized goods such as, but not necessarily limited to, groceries, meats, dairy products, baked goods or other convenience goods, drugs, dry goods and notions, and/or services such as but not necessarily limited to health clubs, educational services, dry cleaning, tailor, repair shops (e.g. watches, electronics, etc.), beauty and/or barber shops, photography studio and art galleries.
(2)
Professional office and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(3)
Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.
(4)
Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.
(5)
Bakeries, candy and confectionery shops when engaged primarily in the retail sales of such goods for consumption off site. Bakery, candy and confectionery shops may also include on premises production and/or wholesaling functions of the same or similar goods as are offered for sale on the premises, provided these functions are of a scale considered accessory to the principal retail use.
(Ord. No. 99-5, § 17.08(2)(c), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006; Ord. No. 2011-09, § 1, 6-21-2011; Ord. No. 2013-18, § 1, 1-21-2014)
Sec. 40.264. - Accessory uses.
Accessory buildings and uses customarily incidental to the above uses.
(Ord. No. 2006-1, § 1, 1-3-2006)
Editor's note— Ord. No. 2006-1, § 1, adopted Jan. 3, 2006, amended § 40.264 in its entirety. Formerly, said section pertained to similar provisions and derived from Ord. No. 99-5, § 17.08(2)(d), adopted May 4, 1999.
Sec. 40.265. - Conditional uses.
Conditional uses shall include, but not necessarily be limited to, the following:
(1)
Public uses including, but not limited to, post offices, schools and local governmental offices and facilities.
(2)
Restaurants and nightclubs (including outside seating).
(3)
Cultural activities including, but not limited to, museums, libraries and art galleries.
(4)
Public and or private utility, transmission and distribution lines, poles, and other accessories. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view.
(5)
Religious institutions.
(6)
Wholesaling establishments.
(7)
General merchandising and department stores.
(8)
Indoor or outdoor recreational and entertainment facilities.
(9)
Bed and breakfasts.
(10)
Research and development facilities.
(11)
Child day care facilities.
(12)
Buildings greater than 5,000 square feet subject to, among other things, planning commission determination that the building complies with the Village of Pewaukee Downtown Design Guidelines.
(13)
Satellite dishes greater than two feet in diameter.
(14)
Single-family residential development.
(15)
Multi-family residential development subject to approval by the village board finding that the proposed development will not be detrimental to the surrounding area and/or generate adverse impacts upon the public health, safety and welfare.
(16)
B-2 district use(s) and/or development of lots less than 7,000 square feet in size.
(17)
Building heights greater than 42 feet and/or number of stories less than one and one-half or greater than three subject to a finding by the village board that the building design and impact is compatible with the immediate area and that the development substantially advances a public purpose.
(18)
Building setbacks less than 15 feet subject to a finding that the building setback is compatible with the immediate area.
(19)
Building offsets less than ten feet subject to a finding that the building offset is compatible with the immediate area.
(20)
Wineries.
(21)
Parking lots public or private.
(22)
A mixing of multiple principal uses (from among those uses identified in sections 40.263 and 40.265) and/or multiple principal buildings may be permitted upon a single lot subject to a finding by the village plan commission that the site can adequately accommodate the multiple uses and/or buildings with respect to such matters which include but are not limited to, the dimensional standards of the B-2 zoning district, site access and parking, and further provided such mixing of uses and/or buildings are mutually compatible and synergistic and will not be detrimental to the surrounding area and/or generate adverse impacts individually or collectively upon the public health, safety and welfare.
(23)
State certified adult day care facilities.
(Ord. No. 99-5, § 17.08(2)(e), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006; Ord. No. 2008-11, § 1, 11-11-2008; Ord. No. 2010-14, § 1, 8-3-2010; Ord. No. 2010-21, § 1, 12-7-2010; Ord. No. 2012-12, § Ib, 11-1-2012)
Sec. 40.265.5. - Prohibited uses.
Prohibited uses in the B-2 district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(b), 9-20-2022)
Sec. 40.266. - Lot size.
Minimum lot size shall not be less than 7,000 square feet, unless approved in accordance with the conditional use grant process.
(Ord. No. 99-5, § 17.08(2)(f), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.267. - Building size/floor area ratio.
Maximum building size shall not exceed 5,000 square feet, unless approved in accordance with the conditional use grant process.
(Ord. No. 99-5, § 17.08(2)(g), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.268. - Building height.
The height of any structure shall not be less than 1.5 stories nor more than three stories by design, and may not exceed 42 feet (up to 45 feet if the building design incorporates a gabled roofline) unless otherwise approved in accordance with the conditional use grant process.
(Ord. No. 99-5, § 17.08(2)(h), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006; Ord. No. 2023-14, § 1, 8-15-2023)
Sec. 40.269. - Minimum building setback.
Minimum building setback from the road right-of-way shall be 15 feet, unless approved in accordance with the conditional use grant process.
(Ord. No. 99-5, § 17.08(2)(i), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.270. - Minimum building offset.
Minimum building offset shall be ten feet, unless approved in accordance with the conditional use grant process.
(Ord. No. 99-5, § 17.08(2)(j), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.271. - Lot coverage/open space ratio.
The minimum open space ratio shall be five percent.
(Ord. No. 99-5, § 17.08(2)(k), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.272. - Lot width.
The minimum lot width shall be 70 feet. Existing lots with a width of less than 70 feet shall be allowed to operate and/or develop under the B-2 district subject to compliance with the remaining code requirements.
(Ord. No. 99-5, § 17.08(2)(l), 5-4-1999; Ord. No. 2006-1, § 1, 1-3-2006)
Sec. 40.273. - Parking.
(a)
Off-street parking. Off-street parking requirements for residential use/development, retail, entertainment, customer service and office uses/development shall be subject to the standards set forth in section 40.426(j) of this chapter. Parking requirements for all other uses/development shall be subject to 80 percent of the standards set forth in section 40.426(j) of this chapter. Both on-site parking and reconstructed off-site (i.e. street frontage) parking qualifies for business parking requirements subject to planning commission approval of the parking location and design.
(b)
Minimum parking and driveway offset. The minimum parking and driveway offset shall be three feet, unless the parking and driveway is shared with the adjacent property owner(s).
(c)
Minimum parking setback. No parking shall be allowed between the public road and building unless approved by the Planning Commission as part of a public parking plan.
(Ord. No. 2006-1, § 1, 1-3-2006; Ord. No. 2018-05, § III, 4-4-2018)
Editor's note— Ord. No. 2006-1, § 1, adopted Jan. 3, 2006, amended § 40.273 in its entirety. Formerly, said section pertained to similar subject matter and derived from Ord. No. 99-5, § 17.08(2)(m), adopted May 4, 1999.
Sec. 40.274. - Building design standards.
Building design shall be generally subject to the standards articulated in the Village of Pewaukee downtown design guidelines, and the following specific requirements:
(1)
Acceptable primary materials. Primary materials shall be used for at least 70 percent of the solid (non-window) portion of any elevation. Acceptable primary materials are as follows:
a.
Common size brick is acceptable for the construction of all building types. Special sizes and shapes are acceptable only as accents and decorations.
b.
Native Stone including limestone, fieldstone or lannon stone is acceptable on any building type.
c.
Cedar Siding or cement resin siding may be used in combination with brick or other accepted masonry.
(2)
Acceptable accent and secondary materials. Accents and secondary materials shall comprise less than 30 percent of the solid portion of any building elevation. Acceptable secondary materials are as follows:
a.
Pre-cast concrete and cast stone are acceptable when used as accents, lintels, sills or decorations. Other uses shall be considered on a case-by-case basis.
b.
Terra cotta is an acceptable material as cladding or accent.
c.
Stucco is acceptable as a wall finish material on upper floors and gables.
d.
Wood shingle siding is acceptable on upper floors and gable ends or as roofing materials.
e.
Ornamental metals are acceptable as accent materials such as grills, railing, panels, gutters, etc.
f.
Decorative concrete block is acceptable only when used as a secondary building material or accent. It is considered most appropriate as a material found in the base portion of building. The use of standard, plain gray block or glazed block is not acceptable. Other uses will be reviewed on a case-by-case basis.
(3)
Building facade composition. Design detail of front, side, and rear building elevations shall be subject to the standards identified in the Village of Pewaukee downtown design guidelines.
(Ord. No. 2006-1, § 1, 1-3-2006)
Editor's note— Ord. No. 2006-1, § 1, adopted Jan. 3, 2006, amended § 40.274 in its entirety. Formerly, said section pertained to minimum parking and driveway offset and derived from Ord. No. 99-5, § 17.08(2)(n), adopted May 4, 1999.
Sec. 40.275. - Site design standards.
Site design shall be generally subject to the standards articulated in the Village of Pewaukee downtown design guidelines, and the following specific requirements:
(1)
New construction or additions shall be placed close to the sidewalk.
(2)
Buildings shall be situated parallel to the street.
(3)
Parking shall be placed to the sides and rears of buildings.
(4)
Shared parking areas shall be required.
(5)
Trash and utility areas shall be screened.
(6)
In cases where buildings are set back, dense landscaping or decorative fencing shall be used to help define the street edge.
(7)
All existing overhead utility, communications and similar transmission/communication lines, wires, facilities and any related support appurtenances, and any new utility, communications and similar transmission/communication lines, wires and facilities shall be buried underground as a condition of any new development/construction and/or substantial modification to existing development/construction in the B-2 downtown business district. Where it's determined by the planning commission that, given the unique and specific circumstances of a particular site or building/development project, it would not be fiscally or physically practicable for some or all of this requirement to be fulfilled, the plan commission may waive or modify this requirement accordingly. Substantial modification shall be any site or building change, the finished value of which is equal to or greater than 25 percent of the current assessed value of improvements on the site
(Ord. No. 2006-1, § 1, 1-3-2006; Ord. No. 2018-03, § I, 4-4-2018)
Editor's note— Ord. No. 2006-1, § 1, adopted Jan. 3, 2006, amended § 40.275 in its entirety. Formerly, said section pertained to minimum parking setbacks and derived from Ord. No. 99-5, § 17. 08(2)(o), adopted May 4, 1999.
Sec. 40.276.- Purpose.
The B-3 office and service district is intended to provide for individual or group office and special service uses where the office activity would be compatible with surrounding uses.
(Ord. No. 99-5, § 17.08(3)(a), 5-4-1999)
Sec. 40.277. - General requirements.
General requirements in the B-3 district shall include:
(1)
Buildings shall be designed in individual or small groupings generally not to exceed 20,000 square feet per structure unless waived by the planning commission upon a finding that the larger scale building is compatible with surrounding development. The commercial development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(2)
The office development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(3)
All business, servicing, processing or storage, except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the planning commission.
(4)
The size and location of projects within the district shall be based upon such factors as justifiable communities need, satisfactory traffic impact and its potential contribution to the welfare of the community.
(5)
In approving or disapproving proposed locations for uses under this division the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the Village of Pewaukee planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The village planning commission, in applying the provisions of this division, shall in the meeting minutes recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the village planning commission may affirm, modify or withdraw its determination of unsuitability.
(6)
Site development shall be approved by the planning commission in accordance with article VII, division 2 and article VIII of this chapter.
(Ord. No. 99-5, § 17.08(3)(b), 5-4-1999)
Sec. 40.278. - Permitted uses.
Permitted uses in the B-3 district shall include:
(1)
Professional office and services including, but not necessarily limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(2)
Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.
(3)
Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.
(Ord. No. 99-5, § 17.08(3)(c), 5-4-1999)
Sec. 40.279. - Permitted accessory uses.
Permitted accessory uses in the B-3 district shall include accessory buildings and uses customarily incidental to the uses in section 40.278 including, but not limited to, garages and dumpster storage facilities.
(Ord. No. 99-5, § 17.08(3)(d), 5-4-1999)
Sec. 40.280. - Conditional uses.
Conditional uses in the B-3 district shall include:
(1)
Day care facilities.
(2)
Studios for photography, painting, music, sculpture, dance or other recognized fine art.
(3)
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
(4)
Research and development facilities.
(5)
Light assembly and/or warehouse if accessory to the principal use.
(6)
Satellite dishes greater than two feet in diameter.
(7)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with season vegetation.
(8)
Restaurants.
(9)
State certified adult day care facilities.
(10)
Clinics.
(Ord. No. 99-5, § 17.08(3)(e), 5-4-1999; Ord. No. 2012-12, § Ic, 11-1-2012; Ord. No. 2013-18, § 1, 1-21-2014)
Sec. 40.280.5. - Prohibited uses.
Prohibited uses in the B-3 district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(c), 9-20-2022)
Sec. 40.281. - Lot size.
Minimum lot size in the B-3 district shall have an area of not less than one acre.
(Ord. No. 99-5, § 17.08(3)(f), 5-4-1999)
Sec. 40.282. - Maximum impervious lot coverage.
Maximum impervious coverage area on a lot in the B-3 district shall not exceed 65 percent with possibility of up to 70 percent if the greenspace requirement has been approved for reduction to 30 percent.
(Ord. No. 99-5, § 17.08(3)(g), 5-4-1999; Ord. No. 2021-12, § 1, 9-7-2021)
Sec. 40.283. - Building height.
The height of any structure in the B-3 district shall not exceed four stories or 55 feet unless allowed in accordance with section 40.421.
(Ord. No. 99-5, § 17.08(3)(h), 5-4-1999; Ord. No. 2021-12, § 1, 9-7-2021)
Sec. 40.284. - Minimum building setback.
All structures in the B-3 district shall be setback 50 feet from the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(3)(i), 5-4-1999)
Sec. 40.285. - Minimum building offset.
No principal building or structure in the B-3 district, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. No accessory structure shall be placed closer than ten feet to a side or rear lot line. If, however, adjoining property is zoned residential, no principal commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.
(Ord. No. 99-5, § 17.08(3)(j), 5-4-1999)
Sec. 40.286. - Open space ratio.
In the B-3 district a minimum of 35 percent of the developed site shall be retained as open space. Open space configuration and distribution shall be subject to specific planning commission approval. The open space ratio may be reduced to 30 percent subject to planning commission approval of a landscaping plan that provides at least 150 percent of the standard landscape requirement specified in section 40.445(d).
(Ord. No. 99-5, § 17.08(3)(k), 5-4-1999)
Sec. 40.287. - Lot width.
The minimum lot width in the B-3 district shall be 100 feet.
(Ord. No. 99-5, § 17.08(3)(l), 5-4-1999)
Sec. 40.288. - Off-street parking.
Off-street parking in the B-3 district shall be in accordance with applicable regulation set forth in section 40.426.
(Ord. No. 99-5, § 17.08(3)(m), 5-4-1999)
Sec. 40.289. - Minimum parking and driveway offset.
In the B-3 district no driveway or parking area shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.
(Ord. No. 99-5, § 17.08(3)(n), 5-4-1999)
Sec. 40.290. - Minimum parking setback.
In the B-3 district no driveway, excluding the portion of driveway required for road access, or parking area, shall be located closer than 25 feet to the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(3)(o), 5-4-1999)
Sec. 40.291. - Loading docks.
Loading docks in the B-3 district shall generally not face a dedicated or reserved public street.
(Ord. No. 99-5, § 17.08(3)(p), 5-4-1999)
Sec. 40.292. - Roof-mounted equipment.
Roof-mounted equipment in the B-3 district shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.
(Ord. No. 99-5, § 17.08(3)(q), 5-4-1999)
Sec. 40.293. - Storage.
Garbage and refuse containers in the B-3 district shall be screened from view from streets and adjacent sites.
(Ord. No. 99-5, § 17.08(3)(r), 5-4-1999)
Sec. 40.294.- Purpose.
The B-4 business park district is intended to provide for the development of an attractive and aesthetically mixed grouping of both office and limited light industrial uses in a planned park-like setting.
(Ord. No. 99-5, § 17.08(4)(a), 5-4-1999)
Sec. 40.295. - General requirements.
General requirements in the B-4 district shall include:
(1)
Buildings shall not exceed 40,000 square feet of gross floor area unless waived by the planning commission upon a finding that the larger building will not negatively impact the aesthetics of the surrounding area.
(2)
The development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(3)
All business, servicing, processing or storage, except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the planning commission.
(4)
The business park shall be improved with underground utilities.
(5)
Vehicular circulation within the business park shall be oriented to internal circulation drives with limited access provided to Village of Pewaukee streets.
(6)
No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution or hazardous by reason of excessive danger of fire or explosion shall be permitted.
(7)
Project elements such as architecture, landscaping, lighting, signage, access, circulation, parking and utilities shall be designed and constructed in a coordinated manner.
(8)
In approving or disapproving proposed locations for uses under this division, the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the village planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area and/or would not generate a significant adverse impact relative to the elements mentioned in this section.
(9)
Site development shall be approved by the planning commission in accordance with article VII, division 2 and article VIII of this chapter.
(Ord. No. 99-5, § 17.08(4)(b), 5-4-1999)
Sec. 40.296. - Permitted uses.
Permitted uses in the B-4 district shall include:
(1)
Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(2)
Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.
(3)
Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investment companies, insurance agency, insurance carriers, governmental and public services.
(Ord. No. 99-5, § 17.08(4)(c), 5-4-1999)
Sec. 40.297. - Permitted accessory uses.
Permitted accessory uses in the B-4 district shall include accessory buildings and uses customarily incidental to the uses in section 40.296 including, but not limited to, garages and dumpster storage facilities.
(Ord. No. 99-5, § 17.08(4)(d), 5-4-1999)
Sec. 40.298. - Conditional uses.
Conditional uses in the B-4 district shall include:
(1)
Light manufacturing.
(2)
Processing.
(3)
Wholesaling.
(4)
Distribution.
(5)
Research and development.
(6)
Printing and publication.
(7)
Warehousing.
(8)
Health clubs.
(9)
Day care facilities.
(10)
Restaurants.
(11)
Studios for photography, painting, music, sculpture, dance or other recognized fine art.
(12)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with season vegetation.
(13)
Satellite dishes greater than two feet in diameter.
(14)
State certified adult day care facilities.
(15)
Clinics.
(Ord. No. 99-5, § 17.08(4)(e), 5-4-1999; Ord. No. 2012-12, § Id, 11-1-2012; Ord. No. 2013-18, § 1, 1-21-2013)
Sec. 40.298.5. - Prohibited uses.
Prohibited uses in the B-4 district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(d), 9-20-2022)
Sec. 40.299. - Lot size.
The minimum lot size in the B-4 district shall have an area of not less than one acre.
(Ord. No. 99-5, § 17.08(4)(f), 5-4-1999)
Sec. 40.300. - Building size/floor area ratio.
The building floor area ratio in the B-4 district shall not exceed 30 percent.
(Ord. No. 99-5, § 17.08(4)(g), 5-4-1999)
Sec. 40.301. - Building height.
The height of any structure in the B-4 district shall not exceed 55 feet unless otherwise allowed in accordance with section 40.421.
(Ord. No. 99-5, § 17.08(4)(h), 5-4-1999; Ord. No. 2023-14, § 1, 8-15-2023)
Sec. 40.302. - Minimum building setback.
All structures in the B-4 district shall be setback 50 feet from the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(4)(i), 5-4-1999)
Sec. 40.303. - Minimum building offset.
No principal building or structure in the B-4 district, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. No accessory structure shall be placed closer than ten feet to a side or rear lot line. If, however, adjoining property is zoned residential, no principal commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.
(Ord. No. 99-5, § 17.08(4)(j), 5-4-1999)
Sec. 40.304. - Open space ratio.
In the B-4 district a minimum of 35 percent of the developed site shall be retained as open space. Open space configuration and distribution shall be subject to specific planning commission approval. The open space ratio may be reduced to 30 percent subject to planning commission approval of a landscaping plan that provides at least 150 percent of the standard landscape requirement specified in section 40.445(d).
(Ord. No. 99-5, § 17.08(4)(k), 5-4-1999)
Sec. 40.305. - Lot width.
The minimum lot width in the B-4 district shall be 100 feet.
(Ord. No. 99-5, § 17.08(4)(l), 5-4-1999)
Sec. 40.306. - Off-street parking.
Off-street parking in the B-4 district shall be in accordance with applicable regulation set forth in article VII, division 2, of this chapter.
(Ord. No. 99-5, § 17.08(4)(m), 5-4-1999)
Sec. 40.307. - Minimum parking and driveway offset.
No driveway or parking area in the B-4 district shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.
(Ord. No. 99-5, § 17.08(4)(n), 5-4-1999)
Sec. 40.308. - Minimum parking setback.
In the B-4 district no driveway, excluding the portion of driveway required for road access, or parking area, shall be located closer than 25 feet to the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(4)(o), 5-4-1999)
Sec. 40.309. - Loading docks.
Loading docks in the B-4 district shall generally not face a dedicated or reserved public street.
(Ord. No. 99-5, § 17.08(4)(p), 5-4-1999)
Sec. 40.310. - Roof-mounted equipment.
Roof-mounted equipment in the B-4 district shall be located, screened and/or painted to minimize visibility from streets and adjacent sites.
(Ord. No. 99-5, § 17.08(4)(q), 5-4-1999)
Sec. 40.311. - Storage.
Garbage and refuse containers in the B-4 district shall be screened from view from streets and adjacent sites.
(Ord. No. 99-5, § 17.08(4)(r), 5-4-1999)
Sec. 40.312.- Purpose.
The B-5 light industrial district is intended to provide for the development of limited industrial and office uses.
(Ord. No. 99-5, § 17.08(5)(a), 5-4-1999)
Sec. 40.313. - General requirements.
General requirements in the B-5 district shall include:
(1)
The development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(2)
All business, servicing, processing or storage except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically approved by the planning commission.
(3)
The development shall be improved with underground utilities.
(4)
Site access shall be oriented to internal circulation drives with limited access provided to Village of Pewaukee streets.
(5)
No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution or hazardous by reason of excessive danger of fire or explosion shall be permitted.
(6)
In approving or disapproving proposed locations for uses under this division, the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on such evidence as may be presented to the village planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, sewage disposal impact, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. The village planning commission, in applying the provisions of this division shall in their meeting minutes recite the particular facts upon which it bases its conclusion. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the village planning commission may affirm, modify or withdraw its determination of unsuitability.
(7)
Site development shall be approved by the planning commission in accordance with article VII, division 2 and article VIII of this chapter.
(8)
The village recognizes that many of the B5 zoned lands in the village were developed prior to the enactment of article VI, division 15 of this Code and, thus, that the inflexible application of some of the standards set forth in said division 15 may hinder development in this zoning district which would lead to economic stagnation and the possibility of blight. Therefore, in analyzing remodeling or additions in the B5 district which enhance structures built prior to the enactment of this division 15, the planning commission may allow deviations from the building size/floor area ratio, open space ratio requirements, building setback and building offset under section 40.318, section 40.322, section 40.320 and section 40.321 respectively whenever it finds the deviation will not adversely impact public health, safety or welfare and when it concludes that the proposed remodeling or addition will foster development and redevelopment or buildings that predate the enactment of division 15. Prior to exercising such discretion, the plan commission shall make a specific finding that the development or redevelopment is consistent with the general architectural character, size and proportion of existing buildings in the neighborhood of the development or redevelopment and that permitting the deviation from the existing B5 standards will not adversely impact the public health, safety or welfare.
(Ord. No. 99-5, § 17.08(5)(b), 5-4-1999; Ord. No. 2006-14, § II, 4-5-2006)
Sec. 40.314. - Permitted uses.
Permitted uses in the B-5 district shall include, but not necessarily be limited to, the following:
(1)
Light manufacturing.
(2)
Processing.
(3)
Wholesaling.
(4)
Distribution.
(5)
Research and development.
(6)
Printing and publication.
(7)
Professional offices and services including, but not limited to, accounting, architectural, chiropractic, dental, medical, engineering and legal services.
(8)
Business offices and services including, but not necessarily limited to, advertising agency, management consulting, manufacturing representatives, public relations, stenographic, travel agency and duplicating services.
(9)
Financial, insurance and real estate offices and services including, but not necessarily limited to, financial institutions, security brokers, holding and investments, insurance agency, insurance carriers, governmental and public services.
(10)
Bicycle repair, assembly, and/or fabrication, excluding outside storage or display of materials, equipment, supplies, bikes, or bike parts. This use does not permit outdoor display of bicycles without first obtaining approval, through conditional use grant (CUG), for retail sales of bicycles, bicycle parts, and bicycle accessories as may be permitted pursuant to section 40.316(10) below, in which case the planning commission shall establish the parameters, such as scale, manner and location of bicycle display, as a part of the CUG.
(11)
Bicycle repair, assembly, and/or fabrication, including outside storage of materials, equipment, supplies, bikes, or bike parts provided the planning commission has first approved, through site plan approval, the specific and limited plans for location and screening of such storage. This use does not permit outdoor display of bicycles without first obtaining approval, through conditional use grant (CUG), for retail sales of bicycles, bicycle parts, and bicycle accessories as may be permitted pursuant to section 40.316(10) below, in which case the planning commission shall establish the parameters, such as scale, manner and location of bicycle display, as a part of the CUG.
(Ord. No. 99-5, § 17.08(5)(c), 5-4-1999; Ord. No. 2024-05, §§ I, II, 6-4-2024)
Sec. 40.315. - Permitted accessory uses.
Permitted accessory uses in the B-5 district shall include accessory buildings and uses customarily incidental to the uses in section 40.314 including, but not limited to, garages and dumpster storage facilities.
(Ord. No. 99-5, § 17.08(5)(d), 5-4-1999)
Sec. 40.316. - Conditional uses.
Conditional uses in the B-5 district shall include:
(1)
Health clubs.
(2)
Day care facilities.
(3)
Lumber and building supply yards.
(4)
Transportation terminals.
(5)
Warehousing as principal use.
(6)
Automobile service facilities.
a.
'Regular automobile', 'light truck', and 'motorcycle' sales/display use (not to exceed three outdoor vehicle display space and/or up to three indoor vehicle display spaces), as a subordinate and accessory use conducted in support of an approved principal conditional use "Automobile service facility". Outside display shall only be permitted during regular business hours. 'Regular automobile' shall be defined as autos, including vans and sport utility vehicles, when more than 50 percent of the internal capacity is dedicated to seating, and eligible to licensed by the State of Wisconsin Department of Transportation (WDOT) as a 'regular automobile'. 'Light truck' shall be defined as a motor truck with original manufacturers design features intended to facilitate carrying cargo and pulling loads and eligible to be licensed by WDOT as a 'light truck'. 'Motorcycle' shall be defined as two or three-wheeled motor vehicle steered by a handlebar from a saddle-style seat and eligible to be licensed by WDOT as a 'motor cycle' or 'moped'.
b.
'Medium-heavy duty truck' sales/display use (not to exceed one outdoor vehicle parking or display space, as a subordinate and accessory use conducted in support of an approved principal conditional use "automobile service facility". 'Medium-heavy duty truck' shall be defined as vehicles greater than 14,000 pounds gross vehicle weight rating (GVWR) and eligible to be licensed by WDOT as a 'truck', excluding motor trucks used as a motor home with a slide-in camper unit (dual-purpose vehicle).
(7)
Public and or private utility, transmission and distribution lines, poles, and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(8)
Satellite dishes greater than two feet in diameter.
(9)
In recognition that Pewaukee is a lake community, boat and boat accessory sales, service, repair and storage shall be a conditional use. To the extent such uses may share a common client base, technical service staff, sales staff, etc., and to compensate for possible seasonal fluctuations in the boat business, the planning commission may, at it's discretion and upon a finding of the interrelated and interdependent nature of the business uses, permit the incidental accessory conditional use of recreational vehicle sales and service subordinate to the primary and approved boat sales/service conditional use. The limited scope of such accessory conditional RV use shall be clearly defined within the conditional use grant document. Nothing in this section shall be construed as permitting recreational vehicle sales or service as an independent conditional use.
(10)
Accessory retail sales of goods directly related to or produced in the conduct of the approved principal use on the premises. Such accessory retail sales use shall be situated within the approved principal and/or accessory structures on the premises.
(11)
Animal hospitals and kennels.
(12)
State certified adult day care facilities.
(13)
Indoor shooting range.
(14)
Clinics.
(15)
Staging areas for empty portable on demand (i.e. POD) type personal storage containers.
(16)
Contractors business offices with accessory outdoor storage yard subject to the following conditions:
a.
The permitted principal use 'business offices' building(s) on the property (which may also include heated or cold storage buildings and/or maintenance/service buildings) shall be valued at 50 percent or more of the total (land + improvements) value of the property based on the Waukesha County Tax listing records in the year such use is considered/approved and permanently thereafter as long as there continues to be outdoor storage or business activity at the site.
b.
Provided condition 'a.' above can be met, a fully screened accessory outdoor contractors storage yard (i.e. an area for the storage of materials, equipment, supplies and vehicles owned and utilized by the building and construction contractors, craftsmen or tradesmen) may be permitted subject to the following conditions:
1.
The yard shall not be used for any other purpose than parking and storage unless outdoor business activity shall first and specifically be included under the conditional use grant approval by the planning commission.
2.
Materials, equipment and vehicles, in their parked/stored state, shall not emit any odor or noise discernible from surrounding properties zoned or legally used for residential purposes.
3.
The yard shall be surrounded entirely by an opaque fence not less than six feet in height and including an operable and opaque gate to conceal the drive entry to the yard when not in use. The required fence height may be increased, at the planning commissions discretion, to not more than ten feet in height, if the character of items proposed to be parked/stored, or the means of storage (i.e. racking for instance) for an abundance of items in the yard is understood to be taller/higher than six feet. The outward facing side of such fencing shall be suitably landscaped, utilizing perennial trees and shrubs at a rate of no less than one tree and one shrub per 20 feet of fence, the location and type of such plantings being subject to the review and approval of the planning commission in order to maximize the aesthetic and screening benefits of such plantings. Deciduous trees shall be at least two inches caliper at chest height at planting, evergreen tress not less than six feet tall at planting and shrubs in ball or container state with no less than one gallon of native soil surrounding the roots at planting.
4.
The required fencing shall be offset not less than ten feet from side and rear lot lines and not less than 50 feet from the ultimate road right-of-way unless there is an existing principal building situated less than 50 feet from the ultimate road right-of-way in which case the required setback for the fencing shall be the average of such existing building setback and 50 feet. If the accessory outdoor storage yard is located adjacent to property that is zoned or legally used for residential purposes, the fencing offset from the side and rear lot lines shall be increased to 20 feet.
5.
The entire yard area must be surfaced using either asphalt, concrete, or a thoroughly compacted and dust free gravel base.
6.
The surfaced yard area may not be included as open space attendant to section 40.322 below.
7.
The materials, equipment, and supplies being stored outdoors may not have an inordinately high propensity toward flammability or combustibility and all areas of the storage yard shall be organized in such a manner as will allow sufficient access for fire protection/suppression as determined by the village's fire chief.
8.
No materials, equipment or supplies may be stored in such a manner as would allow for animal infestation or in any other way adversely impact the public health or safety.
(Ord. No. 99-5, § 17.08(5)(e), 5-4-1999; Ord. No. 2002-6, § 1, 10-1-2002; Ord. No. 2008-07, § 1, 9-16-2008; Ord. No. 2010-19, § 1, 11-16-2010; Ord. No. 2012-02, § 1, 2-7-2012; Ord. No. 2012-12, § Ie, 11-1-2012; Ord. No. 2013-01, § 1, 2-5-2013; Ord. No. 2013-18, § 1, 1-21-2014; Ord. No. 2017-03, § 1, 4-18-2017; Ord. No. 2019-04, § I, 5-7-2019; Ord. No. 2023-18, § 1, 9-19-2023; Ord. No. 2023-20, § 1, 11-7-2023)
Sec. 40.316.5. - Prohibited uses.
Prohibited uses in the B-5 district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(e), 9-20-2022)
Sec. 40.317. - Lot size.
The minimum lot size in the B-5 district shall have an area of not less than one acre.
(Ord. No. 99-5, § 17.08(5)(f), 5-4-1999)
Sec. 40.318. - Building size/floor area ratio.
Except as otherwise provided for hereunder the buildings floor area ratio in the B-5 district shall not exceed 30 percent.
(Ord. No. 99-5, § 17.08(5)(g), 5-4-1999; Ord. No. 2006-14, § I, 4-5-2006)
Sec. 40.319. - Building height.
The height of any structure in the B-5 district shall not exceed 55 feet unless otherwise allowed in accordance with section 40.421.
(Ord. No. 99-5, § 17.08(5)(h), 5-4-1999; Ord. No. 2023-14, § 1, 8-15-2023)
Sec. 40.320. - Minimum building setback.
Except as otherwise provided for hereunder all structures within the B-5 district shall be set back 50 feet from the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(5)(i), 5-4-1999; Ord. No. 2006-14, § I, 4-5-2006)
Sec. 40.321. - Minimum building offset.
Except as otherwise provided for hereunder no principal building or structure in the B-5 district, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. No accessory structure shall be placed closer than ten feet to a side or rear lot line. If, however, adjoining property is zoned residential, no principal commercial building or structure shall be placed closer than 30 feet to the adjoining residentially zoned lot line.
(Ord. No. 99-5, § 17.08(5)(j), 5-4-1999; Ord. No. 2006-14, § I, 4-5-2006)
Sec. 40.322. - Open space ratio.
Except as otherwise provided for hereunder in the B-5 district a minimum of 35 percent of the developed site shall be retained as open space. Open space configuration and distribution shall be subject to specific planning commission approval. The open space ratio may be reduced to 30 percent subject to planning commission approval of a landscape plan that provides at least 150 percent of the standard landscape requirement specified in section 40.445(d).
(Ord. No. 99-5, § 17.08(5)(k), 5-4-1999; Ord. No. 2006-14, § I, 4-5-2006)
Sec. 40.323. - Lot width.
The minimum lot width in the B-5 district shall be 100 feet.
(Ord. No. 99-5, § 17.08(5)(l), 5-4-1999)
Sec. 40.324. - Off-street parking.
Off-street parking in the B-5 district shall be in accordance with applicable regulation set forth in section 40.426.
(Ord. No. 99-5, § 17.08(5)(m), 5-4-1999)
Sec. 40.325. - Minimum parking and driveway offset.
No driveway or parking area in the B-5 district shall be located closer than 20 feet from a side or rear lot line unless specifically waived by the planning commission.
(Ord. No. 99-5, § 17.08(5)(n), 5-4-1999)
Sec. 40.326. - Minimum parking setback.
No driveway, excluding the portion of driveway required for road access, or parking area in the B-5 district shall be located closer than 25 feet to the ultimate road right-of-way.
(Ord. No. 99-5, § 17.08(5)(o), 5-4-1999)
Sec. 40.327. - Loading docks.
Loading docks in the B-5 district shall generally not face a dedicated or reserved public street.
(Ord. No. 99-5, § 17.08(5)(p), 5-4-1999)
Sec. 40.328. - Roof-mounted equipment.
Roof-mounted equipment in the B-5 district shall be located, screened and/or painted to minimize visibility from streets and adjacent sites in accordance with planning commission approval.
(Ord. No. 99-5, § 17.08(5)(q), 5-4-1999)
Sec. 40.329. - Storage.
Garbage and refuse containers in the B-5 district shall be screened from view from streets and adjacent sites.
(Ord. No. 99-5, § 17.08(5)(r), 5-4-1999)
Sec. 40.330.- Purpose.
The IPS institutional and public service district is intended to provide, where appropriate, specifically defined areas where public, quasi-public and/or institutional uses may be permitted. Such uses shall be subject to regulatory standards as necessary to ensure compatibility with surrounding areas.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.331. - General requirements.
General requirements in the IPS district shall include:
(1)
The development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(2)
All business, activity, servicing, processing or storage, except for off-street parking or loading, shall be conducted within completely enclosed buildings unless specifically otherwise approved by the planning commission.
(3)
The development shall be improved with underground utilities.
(4)
Site access shall be oriented to internal circulation drives with limited access provided to Village of Pewaukee streets.
(5)
No external nuisance which is offensive by reason of odors, lighting, smoke, fumes, dust, vibrations, noise, pollution, or hazardous by reason of excessive danger of fire or explosion shall be permitted.
(6)
In approving or disapproving proposed locations for uses under this division, the planning commission shall give due consideration to the character and suitability for development of the area in which any such use is proposed to be located and shall also base its decision on the information/evidence which must be presented to the village planning commission regarding traffic generation (i.e. quantity, type, days/times of use, facilities capacity, and similar), ground water impact, sewage disposal impact, soil limitations, impact upon environmentally sensitive areas and the emission of noise, smoke, dust or dirt, vibration, glare, odorous or noxious gases attributed to the proposed use. To this end, and unless specifically waived by the village staff for good reason, all applications shall include among the supporting materials at the time of submittal, specific, expert, detailed impact analysis demonstrating clearly that there will be no adverse impacts upon, or reductions in the levels of service, in the areas as listed above (and such other potential impact areas as the planning commission and/or village staff may determine require detailed analysis based upon the character of a proposed use).
(7)
Site development shall be subject to approval by the planning commission in accordance with article VII, division 2, and article VIII of this chapter. The following uses may be allowed if the planning commission determines that the use would not be detrimental to the character of the surrounding area and the village as a whole.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.332. - Permitted uses.
Permitted uses in the IPS district shall include but are not necessarily limited to:
(1)
Public or private schools, colleges and universities.
(2)
Churches, temples and other places of worship with seating capacity not to exceed 500 people.
(3)
Public or quasi-public libraries, historical societies and museums.
(4)
Public administrative offices and public service buildings, including fire and police stations.
(5)
State certified day care facilities.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.333. - Permitted accessory uses.
Permitted accessory uses in the IPS district shall include:
(1)
Garages for storage of vehicles and/or equipment used in conjunction with the operation of a permitted use.
(2)
Residential quarters for the owner, proprietor, caretakers or clergy may be located in the same building as the permitted use.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.333a. - Conditional uses.
Conditional uses in the IPS district shall include, but not necessarily be limited to, the following:
(1)
Mausoleums.
(2)
Public and/or private utility installations.
(3)
Bar, restaurant or other service facilities accessory to an approved use and intended solely for use by residents, members and guests provided such use is not situated on property that is adjacent to existing 1—2 family residential zoning/use or within 250 feet of lands zoned/used for 1—2 family residential use.
(4)
Transmitting towers, receiving towers, relay and microwave towers without broadcast or studio facilities provided such towers are offset and setback a minimum distance equal to the ratio of one-foot horizontal distance for each one foot in vertical height of such tower.
(5)
Housing for the elderly 1 as follows only:
a.
Nursing homes (i.e. shall mean a public or private residential institution providing 24-hour onsite access to skilled nursing services 2 and intended and equipped to provide long term in-patient care for persons unable to look after themselves such as the aged or chronically ill). 'Long term' shall, in this case, be defined as intending to remain in residence at the location for not less than 6 months. For purposes of this Section, skilled nursing services 2 shall have the meaning as set forth in Section 50.01(6V) of the Wisconsin Statutes);
b.
State licensed CBRF's 3 (i.e. shall have the meaning set forth in Section 50.01(1g) of the Wisconsin Statutes).
*Nursing Homes and State licensed CBRF's shall comply with the following specific regulations in addition to all other provisions of this division:
a)
Nursing homes and state licensed CBRF's shall be situated upon a single, contiguous, underlying property owned by a single individual, partnership or corporation or in common ownership under a registered condominium.
b)
On properties which have 30 percent or more of the adjacent/adjoining land use and/or zoning as single family residential, the maximum resident density for nursing homes and/or cbrf's shall be six units per acre. A bed in a nursing home and/or cbrf shall constitute 1.5 units. 4 (see example of density calculation below)
c)
On properties which have less than 30 percent of the adjacent/adjoining land use and/or zoning as single-family residential, the maximum resident density for nursing homes and /or cbrf's shall be 10 units/acre. A bed in a nursing home and/or cbrf shall constitute 1.5 units. 5 (see example of density calculation below)
d)
The planning commission may, at its sole discretion, allow for greater nursing home and/or CBRF densities than specified in c) above (but not to exceed 200 percent of the units otherwise permitted thereunder) provided it shall have determined uniquely and specific to an individual project that the proposed density contained in the application will not adversely impact the public health, safety or welfare of the surrounding neighborhood and will not result in an excess burden upon the public services.
(6)
Cemeteries.
(7)
Satellite dishes accessory to an approved principal use.
NOTE:
1 Elderly housing shall mean "housing for older persons" as defined by section 807(b)(2) of the Fair Housing Act (42 U.S.C. 3607 (b)(2)) as may be amended from time to time. As of 1-1-2020, Section 807(b)(2)(C) of the Fair Housing Act (42 U.S.C. 3607(b)(2)(C)) reads that "housing for older persons" is as follows:—(C) intended and operated for occupancy by persons 55 years of age or older, and
(i)
at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
(ii)
the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
(iii)
the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall—
(I)
provide for verification by reliable surveys and affidavits; and
(II)
include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.".
2 As of 1-1-2020, Section 50.01 (6V) of the Wisconsin Statutes defines Skilled nursing services as follows: Skilled nursing services" means those services, to which all of the following apply, that are provided to a resident under a physician's orders:
(a)
The services require the skills of and are provided directly by or under the supervision of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
(b)
Any of the following circumstances exist:
1.
The inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of registered nurses or licensed practical nurses.
2.
The full recovery or medical improvement of the resident is not possible, but the services are needed to prevent, to the extent possible, deterioration of the resident's condition or to sustain current capacities of the resident.
3.
Because of special medical complications, performing or supervising a service that is generally unskilled or observing the resident necessitates the use of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
3
As of 1-1-2020, Section 50.01(1g) of the Wisconsin Statutes defines State licensed
CBRF's as follows:
Community-based residential facility" means a place where five or more adults who
are not related to the operator or administrator and who do not require care above
intermediate level nursing care reside and receive care, treatment or services that
are above the level of room and board but that include no more than three hours of
nursing care per week per resident.
"Community-based residential facility" does not include any of the following:
(a)
A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
(b)
A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in § 49.165(1)(a), and their children.
(c)
A shelter facility as defined under § 16.308(1)(d).
(d)
A place that provides lodging for individuals and in which all of the following conditions are met:
1.
Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual.
2.
No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employee any of the following:
a.
Personal care, supervision or treatment, or management, control or supervision of prescription medications.
b.
Care or services other than board, information, referral, advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
4 On a 10-acre parcel zoned IPS and surrounded by 30 percent or more single family residential use/zoning: Up to 40 nursing home and/or cbrf units could be developed.
5 On a 10-acre parcel zoned IPS surrounded by less than 30 percent single family residential use/zoning: Up to 66 nursing home and/or cbrf units could be developed.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.333.5. - Prohibited uses.
Prohibited uses in the IPS district shall include:
(1)
Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.
(Ord. No. 2022-14, § I(f), 9-20-2022)
Sec. 40.334. - Lot size.
Minimum lot size in the IPS district shall be one acre. Smaller lot size may be considered/approved by the planning commission where determined necessary to accommodate essential public services.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.335. - Building size/floor area ratio.
The building floor area ratio in the IPS district shall not exceed 30 percent.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.336. - Building height.
The height of any structure in the IPS district shall not exceed 42 feet unless otherwise allowed in accordance with section 40.421.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.337. - Minimum building setback.
All structures within the IPS district shall be set back 50 feet from the ultimate road right-of-way.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.338. - Minimum building offset.
No principal building or structure in the IPS district, hereafter erected, shall be placed closer than 20 feet to a side or rear lot line. No accessory structure shall be placed closer than ten feet to a side or rear lot line. If, however, adjoining property is zoned and/or used for single-family residential purposes, no principal building or structure shall be placed closer than 30 feet to such adjoining single-family residentially zoned/used lot line and no accessory structure shall be placed closer than 15 feet to an adjoining single-family residentially zoned/used lot line.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.339. - Open space ratio.
Open space ratio in the IPS district shall be not less than 35 percent (or 30 percent if at least 150 percent of the required tree and shrub plantings/1,000 square feet of open space are included on the landscaping plan.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.340. - Lot width.
The minimum lot width in the IPS district shall be 150 feet.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.341. - Off-street parking.
Off-street parking in the IPS district shall be in accordance with applicable regulation set forth in section 40.426.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.342. - Minimum driveway offset.
No driveway in the IPS district shall be located closer than 20 feet to a side or rear lot line unless otherwise specifically approved by the planning commission.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.343. - Minimum parking setback and offset.
No parking area in the IPS district shall be located closer than 25 feet to the ultimate road right-of-way or to a side or rear lot line unless otherwise specifically approved by the planning commission.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.344. - Loading docks.
Loading docks in the IPS district shall generally not face a dedicated or reserved public street unless specifically approved by the planning commission.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.345. - Roof mounted equipment.
Roof mounted equipment in the IPS district shall be located, screened or painted to minimize visibility from streets and adjacent sites.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.346. - Storage.
Garbage and refuse containers in the IPS district shall be screened from the surrounding view.
(Ord. No. 2020-02, § I, 5-5-2020)
Sec. 40.347.- Purpose.
The P-1 park and recreation district is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undue disturbance of natural resources and adjacent uses. When applied to privately-owned recreational lands, this district is intended to avoid the conversion of such lands to other urban uses without adequate public review and approval. The district should be used for areas designated as parks in the adopted Village of Pewaukee master plan or component thereof. If a proposed park and recreation site does not comply with the comprehensive plan, the village shall carefully assess the proposal's impact on the environment, traffic, village services, sewer use, water use and surrounding properties prior to taking action. All permitted and conditional uses proposed in this district shall be subject to planning commission approval.
(Ord. No. 99-5, § 17.10(2)(a), 5-4-1999)
Sec. 40.348. - Permitted uses.
Permitted uses in the P-1 district shall include:
(1)
Forest reserves for wildlife refuges and wilderness areas.
(2)
Flood control retention/detention areas.
(3)
Cross country skiing and sledding/tobogganing.
(4)
Trails for bicycles, hiking and cross country skiing.
(5)
Botanical gardens and arboretums.
(Ord. No. 99-5, § 17.10(2)(b), 5-4-1999)
Sec. 40.349. - Permitted accessory uses.
Permitted accessory uses in the P-1 district shall include:
(1)
Buildings and structures accessory to the principal permitted use.
(2)
Off-street parking and loading areas.
(Ord. No. 99-5, § 17.10(2)(c), 5-4-1999)
Sec. 40.350. - Conditional uses.
Conditional uses in the P-1 district shall include:
(1)
Playgrounds.
(2)
Play fields or athletic fields.
(3)
Ice skating.
(4)
Downhill skiing.
(5)
Picnicking areas.
(6)
Golf courses with or without country club facilities.
(7)
Swimming beaches and pools.
(8)
Recreation center.
(9)
Nature centers.
(10)
Tennis courts.
(11)
Group or organized camps.
(12)
Art exhibits and fairs.
(13)
Boat rentals and boat access sites.
(14)
Amphitheaters.
(15)
Archery ranges.
(16)
Golf driving ranges.
(17)
Miniature golf.
(18)
Utilities.
(19)
Zoos.
(20)
Other uses similar to the uses in this section.
(Ord. No. 99-5, § 17.10(2)(d), 5-4-1999)
Sec. 40.351. - Lot area and width.
Lots in the P-1 district shall provide sufficient area for the principal structure and its accessory structures, off-street parking and loading areas and all required yards.
(Ord. No. 99-5, § 17.10(2)(e), 5-4-1999)
Sec. 40.352. - Building setbacks and offsets.
Building setback and offset requirements in the P-1 district shall include:
(1)
A minimum building setback of 80 feet from an existing public street or road reservation right-of-way.
(2)
A minimum building offset of not less than 30 feet from a side or rear lot line.
(Ord. No. 99-5, § 17.10(2)(f), 5-4-1999)
Sec. 40.353. - Parking and driveway setback and offset.
Parking and driveway setback and offset requirements in the P-1 district shall include:
(1)
A minimum parking and driveway setback of 25 feet from an existing public street or road reservation right-of-way.
(2)
A minimum parking and driveway setback of not less than 20 feet from a side or rear lot line.
(Ord. No. 99-5, § 17.10(2)(g), 5-4-1999)
Sec. 40.354. - Building height.
No building or parts of a building in the P-1 district shall exceed 42 feet in height.
(Ord. No. 99-5, § 17.10(2)(h), 5-4-1999)
Sec. 40.355. - Lot size.
In the P-1 district there shall be no minimum lot size.
(Ord. No. 99-5, § 17.10(2)(i), 5-4-1999)
Sec. 40.356. - Lot width.
The minimum lot width in the P-1 district shall be variable based on planning commission approval.
(Ord. No. 99-5, § 17.10(2)(j), 5-4-1999)
Sec. 40.357.- Purpose; authority; control.
(a)
The planned unit development (PUD) overlay district is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicular traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD planned unit development overlay district under this division will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements as set forth in the underlying base zoning district.
(b)
The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Wis. Stats. ch. 703 (condominiums) may be permitted by the Village of Pewaukee upon specific petition, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this division have been met.
(c)
Areas designated as PUD planned unit development overlay districts shall be under single or corporate ownership or control.
(Ord. No. 99-5, § 17.09(1)(a), (b), 5-4-1999)
Sec. 40.358. - Density requirements.
The minimum lot area of the underlying base use district in the PUD district may be modified. However, in no case shall the average density in the district exceed the number of dwelling units that would have been permitted if the PUD planned unit development overlay district regulations had not been utilized except as follows:
The village may waive the maximum residential density requirements for redevelopment projects. In this instance, redevelopment projects are defined as construction activity where more than 50 percent of the existing improvement value of a property is razed or removed and replaced with new construction. Village approval of residential density waivers shall not be viewed as a vested right and shall be based on a case-by-case assessment of each development proposal and the public interest served by the proposal.
(Ord. No. 99-5, § 17.09(1)(c), 5-4-1999; Ord. No. 2004-9, § 1, 7-6-2004)
Sec. 40.359. - Lot width.
Individual lot sizes and widths in the PUD district required by the underlying base use district may be modified in order to make use of special topographic features of the site or to provide common open space.
(Ord. No. 99-5, § 17.09(1)(d), 5-4-1999)
Sec. 40.360. - Setbacks and yards.
Setbacks and yards in the PUD district shall be subject to the standards provided in the underlying base districts; however said standards may be modified at the discretion of the village board when it finds that the modification will not adversely impact public health, safety and welfare. Prior to exercising this discretion, the village board shall make a specific finding that the modification is consistent with the general character, size and proportion of existing buildings in the neighborhood, and that, considering the type and intensity of the proposed use, that the deviation from the underlying base district standards will not adversely impact surrounding properties.
(Ord. No. 99-5, § 17.09(1)(e), 5-4-1999; Ord. No. 2008-13, § 1, 11-18-2008)
Sec. 40.361. - Procedure.
Procedure for PUD district approval shall include:
(1)
Pre-petition conference. Prior to official submittal of the petition for approval of the designation of a planned unit development overlay district, the owner or his agent making such petition shall meet with the Village of Pewaukee staff to discuss the scope and proposed nature of the contemplated development.
(2)
The petition. Following the pre-petition conference, the owner or his agent may file a petition with the planning commission for an amendment to the village's zoning district map designating and adding a planned unit development overlay district to the underlying base use zoning district thereby permitting the application of the provisions of this section to the designated area. Such petition shall be accompanied by the appropriate fee as well as the following information:
a.
A statement which sets forth the relationship of the proposed PUD district to the village's adopted comprehensive plan or any adopted component thereof and the general character of and the uses to be included in the proposed planned unit development overlay district, including the following information:
1.
Total area to be included in the PUD district, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
2.
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features. A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
3.
Any proposed departures from the standards of development as set forth in the village zoning regulations, land division ordinance, sign ordinance, other village regulations or administrative rules or other universal guidelines.
4.
The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
b.
A general development plan that shall include, the following:
1.
A legal description of the boundaries of lands included in the proposed PUD district.
2.
The location of public and private roads, driveways and parking facilities.
3.
The size, arrangement and location of any individual building sites and proposed building groups on each individual lot.
4.
The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.
5.
The type, size and location of all structures.
6.
General landscaping treatment.
7.
Architectural plans, elevations and perspective drawings and sketches illustrating the exterior design and character of proposed structures.
8.
The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
9.
The existing and proposed location of all private utilities or other easements.
10.
Characteristics of soils related to contemplated specific uses.
11.
Existing topography on-site with contours at no greater than two foot intervals National Geodetic Vertical Elevation.
12.
Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
13.
The location of existing driveway openings adjacent to, and across the street from, the proposed PUD.
14.
If the development is to be staged, a staging plan.
15.
Environmental areas (i.e., FW, FFO, FC, C-1, C-2).
(Ord. No. 99-5, § 17.09(1)(f), 5-4-1999)
Sec. 40.362. - Land divisions.
Any proposed division which is part of the proposed PUD district stall be subject to the requirements of article X of this chapter.
(Ord. No. 99-5, § 17.09(1)(g), 5-4-1999)
Sec. 40.363. - Referral to plan commission.
The petition for a PUD district shall be referred to the plan commission for its review and recommendation. The plan commission may add any additional conditions or restrictions they deem necessary or appropriate to promote the spirit and intent of this chapter and the purpose of this division.
(Ord. No. 99-5, § 17.09(1)(h), 5-4-1999)
Sec. 40.364. - Public hearing.
Upon receipt of the plan commission's recommendation, the Village of Pewaukee board shall, before determining the disposition of the petition, hold a public hearing pursuant to the provisions of section 40.115. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
(Ord. No. 99-5, § 17.09(1)(i), 5-4-1999)
Sec. 40.365. - Basis for approval.
The Village of Pewaukee plan commission in making its recommendations and the village board in making its determinations, shall consider:
(1)
Whether the petitions for the proposed PUD district have indicated that they intend to begin the physical development of the designated PUD district within 12 months following the approval of the petition for a PUD district and that the development will be carried out according to a reasonable construction schedule satisfactory to the village.
(2)
Whether the proposed PUD district is consistent in all respects to the purpose of this division and to the spirit and intent of this chapter; is in conformity with the comprehensive plan or component plans thereof for community development; would not be contrary to the general welfare and economic prosperity of the village or of the immediate neighborhood; and, that the benefits and improved design of the resultant development justifies the establishments of a PUD district.
(3)
The plan commission and the village board shall not give their respective recommendations or approvals unless it is found that:
a.
The proposed site shall be provided with adequate drainage facilities for surface waters and stormwaters.
b.
The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
c.
No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance and maintenance of public areas by the proposed development.
d.
The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances and administrative regulations of the village.
e.
Adequate water and sewer facilities shall be provided.
f.
Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservations and maintenance or by dedication to the public.
(Ord. No. 99-5, § 17.09(1)(j), 5-4-1999)
Sec. 40.366. - Changes or additions.
Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Village of Pewaukee Planning Commission and if in the opinion of the village planning commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the village board shall be required and notice be given pursuant to the provisions of section 40.115.
(Ord. No. 99-5, § 17.09(1)(k), 5-4-1999)
Sec. 40.367. - Termination.
If a building permit is not issued within one year of receiving the PUD zoning, the PUD and underlying district zoning for the property shall be automatically discontinued and replaced with the zoning designation that existed prior to the PUD rezoning.
(Ord. No. 99-5, § 17.09(1)(l), 5-4-1999)
Sec. 40.367.1.- Purpose; authority; control.
(1)
The residential infill-redevelopment overlay district is intended to permit single-family residential infill and/or redevelopment projects at a slightly higher density (smaller minimum lot size) than the village's standard single-family residential zoning districts and which also permits limited shared/common building walls among residences. Target locations for this overlay district to be applied may include sites where current or previously existing, often times non-single-family-residential type land uses may be/been situated on properties that are closely comingled within existing single-family residential use neighborhoods and where a resumption, modification or intensification of the prior or current non-single-family-use(s) is no longer necessarily desired based upon potential land use incompatibility issues, concerns about impact on available public services and facilities, ...and similar. These prospective infill-redevelopment sites/uses might now be phasing out of their former uses and into development/redevelopment opportunities where the village believes it would be beneficial to incentivize use conversion to single-family residential type use by offering this slightly higher density residential development opportunity in order to promote this option in pursuit of better synergy among land uses.
To that end, this residential infill-redevelopment overlay district purposefully offers greater flexibility of overall development design with the benefits from such design flexibility intended to be derived by both the developer and the community by encouraging greater consistency/compatibility among land uses within the immediately surrounding area.
Concurrent with any request for rezoning to include this overlay district shall be a request for rezoning of the base zoning district to the R-5 single family residential district if this is not already the case.
(Ord. No. 2020-14, § I(40.001), 10-20-2020)
Sec. 40.367.2. - Permitted uses.
(1)
Any permitted use listed in the underlying base zoning district and subject to all of the zoning requirements set forth in that underlying district.
(2)
Single-family residential dwellings (i.e. one dwelling unit per building) subject to all of the zoning regulations set forth in this residential infill-redevelopment overlay district.
(Ord. No. 2020-14, § I(40.002), 10-20-2020)
Sec. 40.367.3. - Minimum project size/area.
Not less than five contiguous, developable, project acres shall be required before the residential infill-redevelopment overlay district may be applied to any project/property.
(Ord. No. 2020-14, § I(40.003), 10-20-2020)
Sec. 40.367.4. - Permitted accessory uses/structures.
(1)
Private garages and paved parking areas as accessory uses/structures shall be allowed provided that no garage may be erected prior to the erection of the principal building to which it is accessory.
Garages shall conform to the following:
a.
Each new single-family residential dwelling unit shall have at least one enclosed garage structure not less than 240 square feet in area (i.e. a one-stall garage) and not greater than 740 square feet (i.e. a three-stall garage). No detached garage structure may exceed 500 square feet in area. There shall be no more than one garage structure on any property.
All garages shall have direct and paved driveway access (not less than 8 feet in width) extending to each overhead vehicle access door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than three feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort. Driveway paving shall be completed within 12 months of the garage construction being completed.
Detached garages may not be situated closer to the street than the principal residence.
Every lot shall have/have access to not less than two paved, off-street vehicle parking spaces, at least one of which must be enclosed (ref. section 40.367.4.(1)(a) above). The other(s) may be located either onsite or within 100 feet of the lot.
(2)
Accessory fences may be permitted in this district subject to the following conditions:
Fencing on all lots within a proposed residential infill-redevelopment overlay district development should be uniform or coordinated as to design type, materials, permitted locations, heights and colors. To this end, all project development plans submitted for review/consideration under this overlay district shall include a detailed written and plan(s) based explanation as to fencing intended to be allowed within the development, if any. Without an approved development-wide fencing plan, no fencing is permitted in this overlay district. Section 40.422(c) of the land development code shall not apply to this overlay district.
(3)
Swimming pools are not permitted in this overlay district without prior planning commission approval of a development-wide swimming pool permissions and restrictions plan. Section 40.422(e) of the land development code shall not apply in this overlay district.
(4)
Home occupations and professional offices which are clearly incidental to the principal residential use and subject to the following conditions:
a.
The home occupation shall be carried on wholly within the principal residential building and only by residents occupying the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be paved and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside parking/placement/storage of materials, equipment, vehicles or supplies or any other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat, glare, visual obstruction/unsightliness or similar adverse impacts which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(5)
Non-storage related passive use type accessory structures normally accessory to a residential use (i.e., gazebo, garden arbor, trellis', and similar...), shall be permitted in any yard and shall be setback not less than 20 feet from the front lot line and offset from the side and rear lot lines no less than five feet. Non-storage related active type accessory structures normally accessory to a residential use (i.e. swing-set, jungle gym, game court, and similar...) shall be permitted in the rear yard only and shall be offset from the side and rear lot lines no less than five feet.
(6)
Accessory storage structures are not permitted in this residential infill-redevelopment overlay district, except in lieu of a detached garage on the property in which case one accessory storage structure may be permitted in the rear yard, up to 192 square feet in area and offset from the side and rear lot lines not less than five feet. Accessory storage structures are not required to have driveways.
(Ord. No. 2020-14, § I(40.004), 10-20-2020)
Sec. 40.367.4a. - Conditional uses.
Projects which include a mixing of multiple principal uses provided the proposed uses are among those listed, either as permitted or as conditional uses, in the underlying base zoning district and this residential infill-redevelopment overlay district.
(1)
"Private neighborhood-based clubhouse with or without indoor and/or outdoor recreational facilities" subject to the following requirements:
a.
The building(s) land and facilities associated with the clubhouse use shall be owned and operated by a corporation, association, person or persons, for a social, educational, entertainment or recreational purpose and to which membership is required for use and participation and not operated to render a service that is customarily carried on as a business. The village attorney shall review and approve copies of the proposed covenants and restrictions of the ownership/association describing the intended use, care and operating plans for "private neighborhood-based clubhouse with or without indoor and/or outdoor recreational facilities".
b.
Membership shall be limited to the owners of a specifically defined set of benefitting lots and or units within a neighborhood level boundary contiguous the clubhouse property.
c.
The clubhouse may not be occupied for residential dwelling or business purposes [ref paragraph a. above] except, when approved by the planning commission and for a limited time only, as a model/sales center if the clubhouse is located in a new and developing neighborhood.
d.
The building scale and the architectural style/materials/colors shall be consistent with the surrounding buildings within the neighborhood. All buildings must comply minimally with the residential design standards as set forth in Chapter 40, Article IX, Division I, Section 40.436 of the Village Code.
e.
All structures shall meet the setback, offset, open space, maximum building coverage ratio and height regulations of the R-5 district with residential redevelopment infill overlay district attached.
f.
Sufficient parking shall be supplied onsite for owner and guest parking. Landscaping shall be used to minimize the view of the parking lot from the street.
g.
Exterior lighting and landscaping shall be subject to the planning commissions review and approval taking into consideration such special needs as screening the use from neighboring lots/units, preventing light trespass or glare issues, the general landscaping characteristics of the neighborhood.
h.
The proposed hours of use for the private neighborhood-based clubhouse, including the surrounding property and the facilities shall be subject to review and approval of the planning commission bearing in mind the residential characteristics of the neighborhood.
i.
Outdoor recreational and gathering facilities shall be subject to review and approval of the planning commission as to suitability within a residential neighborhood and more specifically their proposed spatial placement within the property. Suitable uses would not include uses that may have an adverse impact on the peace and quiet of the immediately surrounding neighbors or the village as a whole in terms of such things as, but not necessarily limited to, noise, traffic, light trespass, glare.
j.
Use of the private neighborhood-based clubhouse, including the surrounding property and the facilities, shall be exclusive to the members and their guests.
(Ord. No. 2020-14, § I(40.005), 10-20-2020; Ord. No. 2021-08B, § 1, 6-15-2021)
Editor's note— At the direction of the village this section has been renumbered as 40.367.4a. to avoid the duplication of section numbers.
Sec. 40.367.5. - Single-family residential density limits.
The minimum required average lot area 1 per single-family residence shall be 8,500 square feet.
The village may permit an average lot area 1 as low as 7,500 square feet per single-family residence for redevelopment projects. In this instance, redevelopment projects are defined as development projects where all or at least a substantial percentage (as determined by the village) of the existing improvements value of a property is razed and removed and replaced with new construction. Village approval of the 7,500 square foot average lot size as described above shall not be viewed as a vested right and shall be determined based on a case-by-case assessment of each development proposal and the public interest served by the proposal.
In no case shall any lot be permitted that is less than 7,000 square feet in area.
1 (i.e. Average lot area means the total square footage of the underlying buildable project area, net of all public or private roads/ the total number of lots proposed)
(Ord. No. 2020-14, § I(40.006), 10-20-2020)
Sec. 40.367.6. - Lot width.
Individual lot widths in this district shall be flexible and subject to the village's review/approval within the context of the overall project plan.
(Ord. No. 2020-14, § I(40.007), 10-20-2020)
Sec. 40.367.7. - Setbacks and yards.
Setbacks and yards in the residential infill-redevelopment overlay district shall be as follows:
Setback: All principal structures shall be setback not less than 25 feet from any public right-of-way.
Sideyard: The principal residence structure, including any attached garage elements, and detached garages, shall be offset from the side lot lines by not less than ten feet on one side and not less than zero feet on the other side. Principal residence structures including any attached garage elements and permitted detached garages may adjoin (share a common wall) along one side in accordance with this sideyard offset schedule provided such buildings are properly designed and approved by the building inspector as to all applicable building and/or fire safety code standards.
Any detached principal residence structure and any detached garage structure that does not share a common wall with an adjoining principal building shall maintain not less than five-foot side yard offsets.
Rearyard: All buildings shall be offset from the rear lot line by not less than 20 feet.
The planning commission may, at the time of plat review/approval, and upon specific request of the developer, approve rear yard offset relief up to ten feet for the attached, unenclosed, pervious deck portion of a principal residence provided the developer shall first demonstrate that the lot abuts along at least 75 percent of its rear yard to another lot or outlot that is located within the same new development. The planning commission shall first find that permitting an attached, unenclosed, pervious deck feature as close as ten feet to a rear lot line on a particular lot will not result in adverse conditions affecting the abutting lots, the neighborhood or the village as a whole with respect to for instance, but not necessarily limited to surface water drainage. Further, if the request for the rearyard offset relief is denied, the planning commission shall state, in writing, their reasons for denial.
(Ord. No. 2020-14, § I(40.008), 10-20-2020; Ord. No. 2022-07, § I, 7-5-2022)
Sec. 40.367.8. - Minimum open space ratio.
The minimum required open space area shall be 25 percent for all lots.
(Ord. No. 2020-14, § I(40.009), 10-20-2020)
Sec. 40.367.9. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed 35 percent.
(Ord. No. 2020-14, § I(40.010), 10-20-2020)
Sec. 40.367.10. - Building height.
(1)
The height of any dwelling unit in the residential infill-redevelopment overlay district shall not exceed 42 feet
(2)
The height of accessory structures shall not exceed 15 feet or the width of the structure, whichever is less.
(Ord. No. 2020-14, § I(40.011), 10-20-2020)
Sec. 40.367.11. - Dwelling standards.
Single-family dwellings within the residential infill-redevelopment overlay district shall have a 1,100 square foot minimum living area measured from the outside of exterior walls (and excluding basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes). Minimum area required on the first floor is 900 square feet.
(Ord. No. 2020-14, § I(40.012), 10-20-2020)
Sec. 40.367.12. - Procedure.
(1)
Procedure for residential infill-redevelopment overlay district processing/approval shall in accordance with chapter 40, article X. and XI of the Village of Pewaukee Code and also:
a.
Pre-application conference. Prior to official submittal of an application for approval of residential infill-redevelopment overlay district project plan, the owner or his agent making such application shall meet with the Village of Pewaukee staff to review/discuss the general concepts of the contemplated development plan.
b.
The application. Following the pre-application conference, the owner or his agent may file an application with the planning commission for review and approval of a residential infill-redevelopment overlay district project plan including, among other things as may be required:
1.
A legal description of the boundaries of lands included in the proposed residential infill-redevelopment overlay district project plan.
2.
The location of public and private roads, driveways and parking facilities.
3.
The size, arrangement and location of all individual building sites and an approximate planned building footprint, paving and parking plan for each individual lot.
4.
The location of any areas proposed to be reserved or dedicated for public uses such as parks and stormwater management areas.
5.
The type, size and location of all proposed structures.
6.
General landscaping treatment.
7.
Architectural plans, elevations and perspective drawings and sketches illustrating the exterior design and character of proposed structures.
8.
The existing and proposed location of public sanitary sewer, storm sewer, and water supply facilities as well as other utilities such as gas, electric, fiber optic, ... and similar.
9.
The existing and proposed location of all easements.
10.
Characteristics of soils related to contemplated specific uses.
11.
A topography topographic map of the site with contours at no greater than two foot intervals based upon National Geodetic Vertical Elevation.
12.
Anticipated and existing uses of adjoining lands.
13.
If the development is to be staged, a staging plan.
14.
Environmental areas (i.e., wetlands, floodplains, environmentally sensitive/conservancy area and similar).
15.
The village planning commission and village board may permit waiver or modification of the ordinarily required public and private improvements such as, but not necessarily limited to, street cross-section standards including sidewalk and terrace requirements, street lighting and street tree requirements, and similar... as part of a proposed redevelopment project plan provided the village shall find that in doing so, the public health, safety and welfare is not diminished as a result and further provided that the village shall have determined that, as a practical matter, the redevelopment project may not be viable without such waiver or modification.
(2)
Procedures for conditional uses under this residential infill-redevelopment overlay district and/or uses permitted in the underlying zoning district shall be in accordance with the requirements set forth in chapter 40, article V of the Village Code and/or the underlying base zoning district requirements respectively.
(Ord. No. 2020-14, § I(40.013), 10-20-2020)
Sec. 40.367.13. - Land divisions.
Any proposed land division which is part of the proposed residential infill-redevelopment overlay district project plan shall be subject to the requirements of article X of this chapter.
(Ord. No. 2020-14, § I(40.014), 10-20-2020)
Sec. 40.368.- Purpose.
The OA agricultural overlay district (ten acre minimum lot size) is intended to provide for, maintain, preserve and enhance agricultural lands. The purposes of the district are to:
(1)
Protect and encourage the continuation of existing farm operations.
(2)
Minimize conflicts between farm and non-farm uses.
(Ord. No. 99-5, § 17.09(2)(a), 5-4-1999)
Sec. 40.369. - Permitted uses.
Permitted uses in the OA district shall include:
(1)
Any use by right in the underlying base district.
(2)
All uses commonly classified as agriculture, horticulture or forestry, including crop and tree farming, truck farming, gardening, nursery operation, stock raising (not including raising of fur-bearing animals or animal hospitals), dairy farming and forestry operations, together with the operation of any machinery or vehicles incidental to the uses in this subsection.
(3)
Municipal utilities.
(Ord. No. 99-5, § 17.09(2)(b), 5-4-1999)
Sec. 40.370. - Permitted accessory uses.
Permitted accessory uses in the OA district shall include:
(1)
Temporary roadside stands for display and sale of agricultural products grown or produced on the premises. Such uses shall be subject to planning commission approval and the following requirements:
a.
Off-street parking for a minimum of four vehicles shall be provided.
b.
No stand shall be permitted in a location where it would create a traffic hazard or nuisance. Driveways shall be located to minimize possible interference with normal flow of highway traffic.
c.
No such stand shall be closer than 50 feet to the existing street line or closer than 20 feet to any other lot line.
d.
One sign, not exceeding 20 square feet in area, shall be set back at least ten feet from the road right-of-way.
(Ord. No. 99-5, § 17.09(2)(c), 5-4-1999)
Sec. 40.371. - Conditional uses.
Conditional uses in the OA district shall include:
(1)
Commercial hatcheries.
(2)
Commercial greenhouses.
(3)
Animal kennels.
(4)
Parks, forest preserves and recreational areas.
(5)
Horse riding academies and stables.
(6)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(7)
Raising of fur-bearing animals.
(8)
Landscape contracting businesses.
(Ord. No. 99-5, § 17.09(2)(d), 5-4-1999)
Sec. 40.372. - Lot size.
The minimum lot size shall have an area of not less than ten acres for uses in the OA district. The minimum lot size for property used only as residential shall be in accordance with the underlying base district.
(Ord. No. 99-5, § 17.09(2)(e), 5-4-1999)
Sec. 40.373. - Building height.
Building height in the OA district shall include:
(1)
The height of any dwelling unit shall not exceed 42 feet.
(2)
The height of other farm structures shall not exceed 60 feet.
(Ord. No. 99-5, § 17.09(2)(f), 5-4-1999)
Sec. 40.374. - Minimum average lot width.
The minimum average lot width shall be no less than 400 feet when land is used in accordance with the OA district. Average lot widths for other uses shall be in accordance with the underlying base district.
(Ord. No. 99-5, § 17.09(2)(h), 5-4-1999)
Sec. 40.375. - Minimum building setback.
Minimum building setback in the OA district shall be in accordance with the underlying base district.
(Ord. No. 99-5, § 17.09(2)(i), 5-4-1999)
Sec. 40.376. - Minimum building offset.
Minimum building offset for residential structures in the OA district shall be in accordance with the underlying base district. Buildings or structures housing livestock shall not be erected closer than 50 feet to a side or rear lot line.
(Ord. No. 99-5, § 17.09(2)(j), 5-4-1999)
Sec. 40.377.- Purpose; boundaries.
(a)
The C-1 shoreland wetland district is intended to preserve, protect and enhance the ponds, streams and wetland areas of the Village of Pewaukee. The preservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the village.
(b)
The boundaries of the C-1 district are based on the Wisconsin Wetland Inventory Map for the Village of Pewaukee, dated February 11, 1989, and stamped "FINAL," and include all shoreland wetlands, five acres or greater in area shown on that map.
(Ord. No. 99-5, § 17.11(1)(a), 5-4-1999)
Sec. 40.378. - Principal uses.
Principal uses in the C-1 district shall include:
(1)
Hiking, fishing, trapping, swimming and boating, unless prohibited by other ordinances and laws.
(2)
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.
(3)
The practice of silviculture, including the planting, thinning and harvesting of timber.
(4)
Construction and maintenance of fences.
(5)
Agricultural cultivation and pasturing provided they do not involve extension of or creation of new drainage systems, and further provided they do not substantially disturb or impair the natural fauna, flora, topography or water regimen.
(6)
Ditching, tiling, dredging, excavating or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use.
(7)
The construction and maintenance of piers, docks and walkways, including those built on pilings.
(8)
The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.
(Ord. No. 99-5, § 17.11(1)(b), 5-4-1999)
Sec. 40.379. - Conditional uses.
Conditional uses in the C-1 district shall be administered in accordance with article V of this chapter and include the following uses:
(1)
The construction of streets which are necessary for the continuity of the Village of Pewaukee street system, necessary for the provision of essential utility and public safety services or necessary to provide access to permitted open space uses in the C-1 district provided that:
a.
The street cannot as a practical matter be located outside the C-1 district;
b.
The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in section 40.381(b);
c.
The street is designed and constructed with the minimum cross section practical to serve the intended use;
d.
The street construction activities are carried out in the immediate area of the roadbed only; and
e.
Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the street.
(2)
The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:
a.
The building cannot as a practical matter be located outside the C-1 district;
b.
The building is not designed for human habitation and does not exceed 500 square feet in area; and
c.
Only limited filling or excavating necessary to provide structural support is conducted.
(3)
The establishment and development of public and private parks, recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private habitat areas, provided that:
a.
Any private recreation or wildlife habitat area must be exclusively for the purpose;
b.
No filling is to be done; and
c.
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.
(4)
The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members located outside the C-1 district, provided that:
a.
The transmission and distribution lines and related facilities cannot as a practical matter be located outside the lowland C-1 district; and
b.
Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.
(5)
The construction and maintenance of railroad lines, provided that:
a.
The railroad lines cannot as a practical matter be located outside the C-1 district; and
b.
Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.
(Ord. No. 99-5, § 17.11(1)(c), 5-4-1999)
Sec. 40.380. - Prohibited uses.
Prohibited uses in the C-1 district shall include:
(1)
Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 district lands concerned are first rezoned to another district.
(2)
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable water.
(Ord. No. 99-5, § 17.11(1)(d), 5-4-1999)
Sec. 40.381. - Amendments to the C-1 shoreland wetland district.
(a)
The Village of Pewaukee shall transmit a notice of any change (text or map) in the C-1 district to the Wisconsin Department of Natural Resources (DNR). Notice requirement shall be as follows:
(1)
A copy of every petition for a text or map change mailed within five days of filing with the village clerk.
(2)
At least ten days prior notice of any public hearing on a shoreland wetland zoning amendment.
(3)
Notice of a village plan commission recommendation no later than ten days following the recommendation.
(4)
Notice of a village board decision no later than ten days following the decision.
(b)
No wetland in the C-1 district shall be rezoned if the rezoning may result in a significant adverse impact on storm or floodwater storage capacity; maintenance of dry season stream flow, the discharge of groundwater from the wetland; filtering or storage of sediments. Nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery or feeding grounds; wildlife habitat or areas of special recreational, scenic or scientific interest, including scarce wetland types.
(c)
If the DNR has notified the village plan commission that an amendment to the C-1 district may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the village board, shall contain the following provision:
"This amendment shall not take effect until more than 30 days have elapsed since written notice of the village board's approval of this amendment was mailed to the department of natural resources. During that 30-day period, the department of natural resources may notify the village board that it will adopt a superseding shoreland ordinance for the village pursuant to Wis. Stat. § 62.231. If the department does so notify the village board, the effect of this amendment shall be stayed until the Wis. Stats. § 62.231 adoption procedure is completed or otherwise terminated".
(d)
Additional administrative requirements are subject to sections 40.131—40.145 and 40.117—40.123.
(Ord. No. 99-5, § 17.11(1)(e), 5-4-1999)
Sec. 40.382.- Purpose.
The C-2 general conservancy district is intended to conserve, protect and enhance areas of ponds, wetlands, woodlands, poor soils, steep slopes and drainageways which are not regulated under the FW floodway district, FFO floodplain fringe overlay district and C-1 shoreland wetland/conservancy district. The conservation, protection and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve ground and surface water quality; reduce flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities and significant woodlands; avoid the location of structures on soils which are generally not suitable for use and protect the water-based recreation resources of the Village of Pewaukee.
(Ord. No. 99-5, § 17.11(5)(a), 5-4-1999)
Sec. 40.383. - Permitted uses.
Permitted uses in the C-2 district shall include:
(1)
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 and that does not involve filling, flooding, draining, dredging, ditching, tiling or excavating.
(2)
The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, 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 silviculture activities if not corrected.
(3)
Construction and maintenance of fences.
(4)
Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems and further provided they do not substantially disturb or impair the natural fauna, flora, topography or water regimen.
(5)
Ditching, tiling, 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 existing agricultural use.
(6)
The construction and maintenance of piers, docks and walkways, including those built on pilings.
(7)
The maintenance, repair, replacement and reconstruction of existing streets, roads and bridges.
(Ord. No. 99-5, § 17.11(5)(b), 5-4-1999)
Sec. 40.384. - Conditional uses.
Conditional uses in the C-2 district shall include:
(1)
Single-family detached residential development may be allowed at a maximum density of one unit per five acres of land.
(2)
The construction of streets which are necessary for the Village of Pewaukee street system, necessary for the provision of essential utility and public safety services or necessary to provide access to permitted open space uses provided that:
a.
The street cannot as a practical matter, be located outside a wetland; and
b.
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetlands and meets the following standards:
1.
The street shall be designed and constructed for the minimum cross section practical to serve the intended use;
2.
Street construction activities are to be carried out in the immediate area of the roadbed only; and
3.
Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the street.
(3)
The establishment and development of public and private parks and recreation area, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private habitat areas in the C-2 district, provided that:
a.
Any private recreation or wildlife habitat area must be used exclusively for that purpose;
b.
No filling is to be done; and
c.
Ditching, excavating, dredging, dike and dam construction may be done in wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(4)
The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines and related facilities in the C-2 district by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members provided that:
a.
The transmission and distribution lines and related facilities cannot as a practical matter be located outside a wetland;
b.
Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural function of the wetlands.
(5)
The construction and maintenance of railroad lines in the C-2 district, provided that:
a.
The railroad lines cannot as a practical matter be located outside a wetland; and
b.
Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural function of the wetlands.
(6)
Stormwater management systems including drainage channels and swales, detention and retention ponds and associated stormwater management facilities provided that the village engineering department has reviewed and approved a stormwater management plan for the proposed site. The stormwater management plan shall contain all information that the village engineer may need to determine runoff rates and volumes and their control. Such plans may include, as may be appropriate, profiles and cross sections, design assumptions and hydraulic design computations for proposed stormwater management facilities. The village engineering department may impose time schedules for the completion of drainage facilities and may require appropriate sureties to guarantee that proposed facilities are constructed in accordance with approved plans and time schedules.
(7)
Business development may be allowed subject to plan commission evaluation of environmental impact, project design and placement, and in accordance with the land use plan.
(Ord. No. 99-5, § 17.11(5)(c), 5-4-1999)
Sec. 40.385.- Statutory authorization, finding of fact, statement of purpose, title and general provisions.
(a)
Statutory authorization. This division is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23, for villages and cities and the requirements in Wis. Stats. § 87.30.
(b)
Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base.
(c)
Statement of purpose. This division is intended to regulate floodplain development to:
(1)
Protect life, health and property;
(2)
Minimize expenditures of public funds for flood control projects;
(3)
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
(4)
Minimize business interruptions and other economic disruptions;
(5)
Minimize damage to public facilities in the floodplain;
(6)
Minimize the occurrence of future flood blight areas in the floodplain;
(7)
Discourage the victimization of unwary land and homebuyers;
(8)
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
(9)
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(d)
Title. This division shall be known as the Floodplain Zoning Ordinance for Village of Pewaukee, Wisconsin.
(e)
General provisions.
(1)
Areas to be regulated. This division regulates all areas of special flood hazard identified as zones A, AO, AH, A1—30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this division, where applicable.
(2)
Official maps and revisions. Special flood hazard areas (SFHA) are designated as zones A, A1—30, AE, AH, or AO on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subdivision a. below. Additional flood hazard areas subject to regulation under this division are identified on maps based on studies approved by the DNR and listed in subdivision b. below. These maps and revisions are on file in the office of the Clerk at Village Hall, (Village of Pewaukee).
a.
Official maps: Based on the flood insurance study (FIS):
1.
Flood Insurance Rate Map (FIRM), panel numbers 55133C0181H, 55133C0182H, 55133C0183H, 55133C0184H, 55133C0201H, and 55133C0203H, dated 10/19/2023;
2.
Flood Insurance Study (FIS) for Waukesha County (Village of Pewaukee), 55133CV001D, 55133CV002D, 55133CV003D, 55133CV004D, and 55133CV005D, dated 10/19/2023;
Approved by: The DNR and FEMA
b.
Official maps: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
1.
100-yr Dam Failure Floodplain Map, dated October 14, 2004, prepared by Hey and Associates, Inc. approved by WDNR January 11, 2005.
2.
Flood Storage Map, panel number 5, dated 11/05/2014, approved by the DNR.
(3)
Establishment of floodplain zoning districts. The flood hazard areas regulated by this division are divided into districts as follows:
a.
The floodway district (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE zones as shown on the FIRM, or within A zones shown on the FIRM when determined according to section 40.389 (a)(5).
b.
The floodfringe district (FF) is that portion of a riverine special flood hazard area outside the floodway within AE zones on the FIRM, or, when floodway limits have been determined according to section 40.389(a)(5), within A zones shown on the FIRM.
c.
The general floodplain district (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
d.
The flood storage district (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
(4)
Locating floodplain boundaries. Discrepancies between the exterior boundaries of zones A1—30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subdivision a. or b. below. If a significant difference exists, the map shall be amended according to section 40.392 Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to section 40.391(c)(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 40.392 Amendments.
a.
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, including any boundary of zone A or AO the location of the boundary shall be determined by the map scale.
(5)
Removal of lands from floodplain.
a.
Compliance with the provisions of this division shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 40.392 Amendments.
b.
The delineation of any of the floodplain districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
1.
The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;
2.
The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;
c.
Removal of lands from the floodplain may also occur by operation of Wis. Stats. § 87.30(1)(e). if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
(6)
Compliance.
a.
No structure or use within areas regulated by this division shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
b.
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with section 40.393.
c.
Floodplain development permits issued on the basis of plans and applications approved by the floodplain administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the floodplain administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with section 40.393.
(7)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this division and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022, applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a zone A floodplain and is not a WisDOT project under Wis. Stats. § 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the floodplain administrator that the proposed project is a culvert replacement or bridge replacement under 20 foot span at the same location, the project is exempt from a DNR permit under Wis. Stats. § 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
(8)
Abrogation and greater restrictions.
a.
This division supersedes all the provisions of any municipal zoning ordinance enacted under Wis Stats. § 61.35 for villages or Wis Stats. § 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
b.
This division is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this division imposes greater restrictions, the provisions of this division shall prevail.
(9)
Interpretation. In their interpretation and application, the provisions of this division are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this division, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this division or in effect on the date of the most recent text amendment to this division.
(10)
Warning and disclaimer of liability. The flood protection standards in this division are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This division does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This division does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this division.
(11)
Severability. Should any portion of this division be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected.
(12)
Annexed areas for cities and villages. The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2014-09, § 1(Att.), 11-3-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.386. - General standards applicable to all floodplain districts.
The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.
(1)
If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
a.
Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Be constructed with flood-resistant materials;
c.
Be constructed by methods and practices that minimize flood damages; and
d.
Mechanical and utility equipment must be elevated to or above the flood protection elevation.
(2)
If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:
a.
Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;
b.
Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
c.
Adequate drainage is provided to reduce exposure to flood hazards.
All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this division and all other requirements in section 40.391(a)(2).
(a)
Hydraulic and hydrologic analyses.
(1)
No floodplain development shall:
a.
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b.
Cause any increase in the regional flood height due to floodplain storage area lost.
(2)
The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of section 40.392 Amendments are met.
(b)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of section 40.386(a) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to section 40.392 Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(c)
Chapter 30, 31, Wis. Stats., development. Development which requires a permit from the department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to section 40.392 Amendments.
(d)
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
(1)
The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
(2)
A land use permit for the campground is issued by the zoning administrator;
(3)
The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;
(4)
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
(5)
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated—by the officials identified in subdivision (4)—to remain in compliance with all applicable regulations, including those of the State Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
(6)
All mobile recreational vehicles placed on site must meet one of the following:
a.
Be fully licensed, if required, and ready for highway use; or
b.
Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or
c.
Meet the requirements in either sections 40.387, 40.388, or 40.389(a) for the floodplain district in which the structure is located;
A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(7)
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with 40.386(d)(6) and shall ensure compliance with all the provisions of this section;
(8)
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(9)
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
(10)
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and
(11)
Standards for structures in a campground:
a.
All structures must comply with section 40.386(d) or meet the applicable requirements in sections 40.387, 40.388, or 40.389(a) for the floodplain district in which the structure is located;
b.
Deck/landing—a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 40.386(d)(4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
c.
Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards.
d.
Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with section 40.386(d)(4).
e.
Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 40.386(d)(4).
(12)
A land use permit shall be obtained as provided under 40.391(a)(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.387. - Floodway district (FW).
(a)
Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to section 40.389(a)(5).
(b)
Permitted uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if:
•
They are not prohibited by any other ordinance;
•
They meet the standards in sections 40.387(c) and 40.387(d); and
•
All permits or certificates have been issued according to section 40.391(a).
(1)
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.
(2)
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
(3)
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of section 40.387(c)(4).
(4)
Uses or structures accessory to open space uses or classified as historic structures that comply with sections 40.387(c) and 40.387(d).
(5)
Extraction of sand, gravel or other materials that comply with section 40.387(c)(4).
(6)
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.
(7)
Public utilities, streets and bridges that comply with section 40.387(c)(3).
(8)
Portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
(9)
Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
(10)
Wastewater treatment ponds or facilities permitted under § NR 110.15(3)(b), Wis. Adm. Code.
(11)
Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.
(c)
Standards for development in the floodway.
(1)
General.
a.
Any development in the floodway shall comply with section 40.386 and have a low flood damage potential.
b.
Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to sections 40.386(a) and 40.391(a)(2)c. The analysis must be completed by a registered professional engineer in the State of Wisconsin.
c.
Any encroachment in the regulatory floodway is prohibited unless the data submitted for subdivision 40.387(c)(1)(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in section 40.385(e)(5).
(2)
Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a.
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
b.
Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:
1.
Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
2.
Have structural components capable of meeting all provisions of section 40.387(c)(2)g. and;
3.
Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with section 40.387(c)(2)g.
c.
Must be anchored to resist flotation, collapse, and lateral movement;
d.
Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
e.
Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
f.
For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets section 40.387(c)(2)a. through 40.387(c)(2)e. and meets or exceeds the following standards:
1.
The lowest floor must be elevated to or above the regional flood elevation;
2.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
3.
The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.
4.
The use must be limited to parking, building access or limited storage.
g.
Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
1.
Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
2.
Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sections 40.387(d)(4) and 40.387(d)(5);
3.
Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
4.
Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
5.
Placement of utilities to or above the flood protection elevation.
(3)
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
a.
Adequate floodproofing measures are provided to the flood protection elevation; and
b.
Construction meets the development standards of section 40.386(a).
(4)
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
a.
The requirements of section 40.386(a) are met;
b.
No material is deposited in navigable waters unless a permit is issued by the department pursuant to [Wis.] Stats. ch. 30, and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
c.
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
d.
The fill is not classified as a solid or hazardous material.
(d)
Prohibited uses. All uses not listed as permitted uses in section 40.387(b) are prohibited, including the following uses:
(1)
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
(2)
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
(3)
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
(4)
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;
(5)
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code;
(6)
Any solid or hazardous waste disposal sites;
(7)
Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and
(8)
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.388. - Floodfringe district (FF).
(a)
Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to section 40.389(a)(5).
(b)
Permitted uses. Any structure, land use, or development is allowed in the floodfringe district if the standards in section 40.388(c) are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in section 40.391(a) have been issued.
(c)
Standards for development in the floodfringe.Section 40.386 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of section 40.390 Nonconforming uses;
(1)
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of section 40.390 Nonconforming uses;
a.
All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet section 40.385(e)(5).
b.
Notwithstanding section 40.388(c)(1)a., a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;
c.
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subdivision d;
d.
In developments where existing street or sewer line elevations make compliance with subdivision (c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
1.
The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2.
The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.
(2)
Accessory structures or uses. In addition to section 40.386, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
(3)
Commercial uses. In addition to section 40.386, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of section 40.388(c)(1). Subject to the requirements of section 40.388(c)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(4)
Manufacturing and industrial uses. In addition to section 40.386, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in section 40.391(e). Subject to the requirements of section 40.388(c)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
(5)
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with section 40.391(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
(6)
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
a.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with section 40.391(e).
b.
Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
(7)
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to section 40.391(e)(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
(8)
Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to section 40.391(e)(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
(9)
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
(10)
Deposition of materials. Any deposited material must meet all the provisions of this division.
(11)
Manufactured homes.
a.
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b.
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1.
Have the lowest floor elevated to the flood protection elevation; and
2.
Be anchored so they do not float, collapse, or move laterally during a flood.
c.
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in section 40.388(c)(1).
(12)
Mobile recreational vehicles. All mobile recreational vehicles must be on site for less than 180 consecutive days and be either:
a.
fully licensed and ready for highway use; or
b.
shall meet the elevation and anchoring requirements in section 40.388(c)(11)b. and c.
A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.389. - Other floodplain districts.
(a)
General floodplain district (GFP).
(1)
Applicability. The provisions for the general floodplain district shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in section 40.385(e)(2)a.
(2)
Floodway boundaries. For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in section 40.385(e)(2)a., the boundaries of the regulatory floodway shall be determined pursuant to section 40.389(a)(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of section 40.387. If the development is located entirely within the floodfringe, the development is subject to the standards of section 40.388.
(3)
Permitted uses. Pursuant to section 40.389(a)(5) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the floodway (section 40.387(b)) and floodfringe (section 40.388(b)) districts are allowed within the general floodplain district, according to the standards of section 40.389(a)(4) provided that all permits or certificates required under section 40.391(a) have been issued.
(4)
Standards for development in the general floodplain district.Section 40.387 applies to floodway areas, determined to pursuant to 40.389(a)(5); section 40.388 applies to floodfringe areas, determined to pursuant to 40.389(a)(5).
a.
New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:
1.
To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or
2.
If the depth is not specified on the FIRM, to or above two feet above the highest adjacent natural grade.
b.
New construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
c.
In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
d.
All development in zones AO and zone AH shall meet the requirements of section 40.388 applicable to flood fringe areas.
(5)
Determining floodway and floodfringe limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the flood insurance rate maps, the zoning administrator shall:
a.
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM.
b.
Require the applicant to furnish any of the following information deemed necessary by the department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
1.
A hydrologic and hydraulic study as specified in section 40.391(a)(2)c.
2.
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.
3.
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(b)
Flood storage district. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
(1)
Applicability. The provisions of this section apply to all areas within the flood storage district (FSD), as shown on the official floodplain zoning maps.
(2)
Permitted uses. Any use or development which occurs in a flood storage district must meet the applicable requirements in section 40.388(c).
(3)
Standards for development in flood storage districts.
a.
Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.
b.
No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage, which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.
c.
If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district—on this waterway—is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per section 40.392 Amendments of this division.
d.
No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.390. - Nonconforming uses.
(a)
General.
(1)
Applicability.
a.
The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this division or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.
b.
As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.
(2)
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this division may continue subject to the following conditions:
a.
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this division. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
b.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this division;
c.
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
d.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 40.388(c)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph;
e.
No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 40.388(c)(1). Maintenance to any nonconforming structure, which does not exceed 50 percent of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
f.
If on a per event basis the total value of the work being done under d. and e. equals or exceeds 50 percent of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 40.388(c)(1).
g.
Except as provided in subdivision (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.
h.
For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction:
1.
Residential structures.
i.
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of section 40.391(e)(2).
ii.
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
iii.
Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
iv.
In A zones, obtain, review, and utilize any flood data available from a federal, state or other source.
v.
In AO zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 40.389(a)(4).
vi.
In AO zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
2.
Nonresidential structures.
i.
Shall meet the requirements of section 40.390(a)(2)(h)1a—f.
ii.
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in section 40.391(e)(1) or (2).
iii.
In AO zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 40.389(a)(4).
(3)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with section 40.387(c)(1), flood resistant materials are used, and construction practices and floodproofing methods that comply with section 40.391(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of section 40.390(a)(2)(h)1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(4)
Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if:
a.
Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;
b.
The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation;
c.
The nonconforming building is permanently changed to conform to the applicable requirements of 40.386;
d.
If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of sections 40.387(c)(1), 40.387(c)(2)(b)—(e), 40.387(c)(3), 40.387(c)(4), and 40.390(b). Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 40.389(a)(5). If the encroachment is in the floodway, it must meet the standards in section 40.387(c)(4);
e.
If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of 40.388(c) and 40.390(c);
f.
Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1—30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation;
g.
Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1—30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
1.
Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of section 40.390(a)(4)g. above.
2.
The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;
h.
Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1—30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:
1.
A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area.
2.
The bottom of all openings must be no higher than one foot above the adjacent grade.
3.
Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;
a.
Manufactured homes that are placed or substantially improved within zones A1—30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
j.
Manufactured homes that are placed or substantially improved within zones A1—30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;
k.
Recreational vehicles placed on sites within zones A1—30, AH, and AE must either:
1.
Be on site for fewer than 180 consecutive days; or
2.
Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
3.
Meet the elevation and anchoring requirements for manufactured homes in section 40.390(a)(4)i. above;
l.
In a regulatory floodway that has been delineated on the FIRM in zone A1—30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
m.
In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet sections 40.390(a)(4)f—l. (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 40.389(a)(5). If the encroachment is in the floodway, it must meet the standards in section 40.387(c)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
n.
In zones A1—30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 40.389(a)(5). If the encroachment is in the floodway, it must meet the standards in section 40.387(c)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;
o.
In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or
p.
In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in section 40.390(a)(4)g. above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.
(b)
Floodway district.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodway district, unless such modification or addition:
a.
Has been granted a permit or variance which meets all ordinance requirements;
b.
Meets the requirements of section 40.391(a);
c.
Shall not increase the obstruction to flood flows or regional flood height;
d.
Any addition to the existing structure shall be floodproofed, pursuant to section 40.391(e), by means other than the use of fill, to the flood protection elevation; and,
e.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4.
The use must be limited to parking, building access or limited storage.
(2)
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the floodway district. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, section 40.391(e)(3) and Ch. SPS 383, Wis. Adm. Code.
(3)
No new well or modification to an existing well used to obtain potable water shall be allowed in the floodway district. Any replacement, repair, or maintenance of an existing well in the floodway district shall meet the applicable requirements of all municipal ordinances, section 40.391(e)(3) and chs. NR 811 and NR 812, Wis. Adm. Code.
(c)
Floodfringe district.
(1)
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of section 40.388(c) except where section 40.388(c)(2) is applicable.
(2)
Where compliance with the provisions of subdivision (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of adjustment/appeals, using the procedures established in section 40.391(c), may grant a variance from those provisions of subdivision (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as described in section 40.388(c)(5).
(3)
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, section 40.391(e)(3) and ch. SPS 383, Wis. Adm. Code.
(4)
All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this division, section 40.391(e)(3) and ch. NR 811 and NR 812, Wis. Adm. Code.
(d)
Flood storage districts. No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in 40.389(b)(3) are met.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.391. - Administration.
Where a zoning administrator, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69, 59.692 or 62.23(7), these officials shall also administer this division.
(a)
Zoning administrator.
(1)
Duties and powers. The zoning administrator is authorized to administer this division and shall have the following duties and powers:
a.
Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Issue permits and inspect properties for compliance with provisions of this division and issue certificates of compliance where appropriate
c.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
1.
All permits issued, inspections made, and work approved;
2.
Documentation of certified lowest floor and regional flood elevations;
3.
Floodproofing certificates.
4.
Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
5.
All substantial damage assessment reports for floodplain structures.
6.
List of nonconforming structures and uses.
e.
Submit copies of the following items to the department regional office:
1.
Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
2.
Copies of case-by-case analyses and other required information.
3.
Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
f.
Investigate, prepare reports, and report violations of this division to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the department regional office.
g.
Submit copies of amendments to the FEMA regional office.
(2)
Land use permit. A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:
a.
General information.
1.
Name and address of the applicant, property owner and contractor;
2.
Legal description, proposed use, and whether it is new construction or a modification;
b.
Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
1.
Location, dimensions, area and elevation of the lot;
2.
Location of the ordinary highwater mark of any abutting navigable waterways;
3.
Location of any structures with distances measured from the lot lines and street center lines;
4.
Location of any existing or proposed on-site sewage systems or private water supply systems;
5.
Location and elevation of existing or future access roads;
6.
Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
7.
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
8.
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of sections 40.387 or 40.388 are met; and
9.
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to section 40.386(a). This may include any of the information noted in section 40.387(c)(1).
c.
Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the department.
1.
Zone A floodplains and in AE zones within which a floodway is not delineated:
a)
Hydrology.
i.
The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
b)
Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
i.
Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
ii.
Channel sections must be surveyed.
iii.
Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
iv.
A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
v.
The most current version of HEC-RAS shall be used.
vi.
A survey of bridge and culvert openings and the top of road is required at each structure.
vii.
Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
viii.
Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
ix.
The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
c)
Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
i.
If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
ii.
If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
2.
Zone AE floodplains.
a)
Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
b)
Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
i.
Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the floodway data table in the FIS report to within 0.1 foot.
ii.
Corrected effective model. The corrected effective model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for department review.
iii.
Existing (pre-project conditions) model. The existing model shall be required to support conclusions about the actual impacts of the project associated with the revised (post-project) model or to establish more up-to-date models on which to base the revised (post-project) model.
iv.
Revised (post-project conditions) model. The revised (post-project conditions) model shall incorporate the existing model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
v.
All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
vi.
Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The effective model shall not be truncated.
c)
Mapping. Maps and associated engineering data shall be submitted to the department for review which meet the following conditions:
i.
Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
ii.
Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
iii.
Annotated FIRM panel showing the revised one percent and 0.2 percent annual chance floodplains and floodway boundaries.
iv.
If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
v.
The revised floodplain boundaries shall tie into the effective floodplain boundaries.
vi.
All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
vii.
Both the current and proposed floodways shall be shown on the map.
viii.
The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
d.
Expiration. All permits issued under the authority of this division shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
(3)
Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this division;
b.
Application for such certificate shall be concurrent with the application for a permit;
c.
If all ordinance provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;
d.
The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of section 40.391(e) are met.
e.
Where applicable pursuant to section 40.389(a)(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.
f.
Where applicable pursuant to section 40.389(a)(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by section 40.389(a)(4).
(4)
Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(b)
Zoning agency.
(1)
The Village of Pewaukee Planning Commission shall:
a.
Oversee the functions of the office of the zoning administrator; and
b.
Review and advise the governing body on all proposed amendments to this division, maps, and text.
c.
Publish adequate notice pursuant to Wis. Stats. Ch. 985, specifying the date, time, place, and subject of the public hearing.
(2)
The zoning agency shall not:
a.
Grant variances to the terms of the ordinance in place of action by the board of adjustment/appeals; or
b.
Amend the text or zoning maps in place of official action by the governing body.
(c)
Board of appeals. The board of appeals, created under Wis. Stats. § 62.23(7)(e), for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this division. The board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the board.
(1)
Powers and duties. The board of appeals shall:
a.
Appeals—Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this division;
b.
Boundary disputes—Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
c.
Variances—Hear and decide, upon appeal, variances from the ordinance standards.
(2)
Appeals to the board.
a.
Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
b.
Notice and hearing for appeals including variances
1.
Notice—The board shall:
a)
Fix a reasonable time for the hearing;
b)
Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and
c)
Assure that notice shall be mailed to the parties in interest and the department regional office at least ten days in advance of the hearing.
2.
Hearing—Any party may appear in person or by agent. The board shall:
a)
Resolve boundary disputes according to section 40.391(c)(3);
b)
Decide variance applications according to section 40.391(c)(4); and
c)
Decide appeals of permit denials according to section 40.391(d).
c.
Decision: The final decision regarding the appeal or variance application shall:
1.
Be made within a reasonable time;
2.
Be sent to the department regional office within ten days of the decision;
3.
Be a written determination signed by the chairman or secretary of the board;
4.
State the specific facts which are the basis for the board's decision;
5.
Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
6.
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the board proceedings.
(3)
Boundary disputes. The following procedure shall be used by the board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
b.
The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the board; and
c.
If the boundary is incorrectly mapped, the board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to section 40.392 Amendments.
(4)
Variance.
a.
The board may, upon appeal, grant a variance from the standards of this division if an applicant convincingly demonstrates that:
1.
Literal enforcement of the ordinance will cause unnecessary hardship;
2.
The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
3.
The variance is not contrary to the public interest; and
4.
The variance is consistent with the purpose of this division in section 40.385(c).
b.
In addition to the criteria in subdivision (a), to qualify for a variance under FEMA regulations, the board must find that the following criteria have been met:
1.
The variance shall not cause any increase in the regional flood elevation;
2.
The applicant has shown good and sufficient cause for issuance of the variance;
3.
Failure to grant the variance would result in exceptional hardship;
4.
Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
5.
The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
c.
A variance shall not:
1.
Grant, extend or increase any use prohibited in the zoning district;
2.
Be granted for a hardship based solely on an economic gain or loss;
3.
Be granted for a hardship which is self-created.
4.
Damage the rights or property values of other persons in the area;
5.
Allow actions without the amendments to this division or map(s) required in section 40.392 Amendments; and
6.
Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d.
When a floodplain variance is granted, the board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
(d)
To review appeals of permit denials.
(1)
The zoning agency (section 40.391(b)) or board shall review all data related to the appeal. This may include:
a.
Permit application data listed in section 40.391(a)(2);
b.
Floodway/floodfringe determination data in section 40.389(a)(5);
c.
Data listed in section 40.387(c)(1)(b) where the applicant has not submitted this information to the zoning administrator; and
d.
Other data submitted with the application or submitted to the board with the appeal.
(2)
For appeals of all denied permits the board shall:
a.
Follow the procedures of section 40.391(c);
b.
Consider zoning agency recommendations; and
c.
Either uphold the denial or grant the appeal.
(3)
For appeals concerning increases in regional flood elevation the Board shall:
a.
Uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of section 40.392 Amendments; and
b.
Grant the appeal where the board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(e)
Floodproofing standards.
(1)
No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in sections 40.386, 40.387, 40.388, or 40.389(a).
(2)
For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
a.
Certified by a registered professional engineer or architect; or
b.
Meeting or exceeding the following standards:
1.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2.
The bottom of all openings shall be no higher than one foot above grade; and
3.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(3)
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral movement;
d.
Minimize or eliminate infiltration of flood waters;
e.
Minimize or eliminate discharges into flood waters;
f.
Placement of essential utilities to or above the flood protection elevation; and
g.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4.
The use must be limited to parking, building access or limited storage.
(f)
Public information.
(1)
Place marks on structures to show the depth of inundation during the regional flood.
(2)
All maps, engineering data and regulations shall be available and widely distributed.
(3)
Real estate transfers should show what floodplain district any real property is in.
(Ord. No. 2014-04, § 1(Att.), 3-28-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.392. - Amendments.
Obstructions or increases may only be permitted if amendments are made to this division, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 40.392(a).
(1)
In AE zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this division, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 40.392(a). Any such alterations must be reviewed and approved by FEMA and the DNR.
(2)
In A zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this division, the official floodplain maps, floodway lines, and water surface profiles, in accordance with section 40.392(a).
(a)
General. The governing body shall change or supplement the floodplain zoning district boundaries and this division in the manner outlined in section 40.392(b) below. Actions which require an amendment to the ordinance and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
(1)
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
(2)
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(3)
Any changes to any other officially adopted floodplain maps listed in section 40.385(e)(2)(b);
(4)
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(5)
Correction of discrepancies between the water surface profiles and floodplain maps;
(6)
Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
(7)
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
(b)
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23, for cities and villages. The petitions shall include all data required by sections 40.389(a)(5) and 40.391(a)(2). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
(1)
The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23, for cities and villages.
(2)
No amendments shall become effective until reviewed and approved by the department.
(3)
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(Ord. No. 2014-04, § 1(Att.), 3-28-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.393. - Enforcement and penalties.
Any violation of the provisions of this division by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this division is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.
(Ord. No. 2014-04, § 1(Att.), 3-28-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.394. - Definitions.
Unless specifically defined, words and phrases in this division shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
A zones. Those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
AH zone. See "Area of shallow flooding".
AO zone. See "Area of shallow flooding".
Accessory structure or use. A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
Alteration. An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
Area of shallow flooding. A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
Base flood. Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
Basement. Any enclosed area of a building having its floor sub-grade on all sides.
Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Building. See Structure.
Bulkhead line. A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this division.
Campground. Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
Camping unit. Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
Certificate of compliance. A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this division.
Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Crawlways or crawl space. An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
Deck. An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.
Department. The Wisconsin Department of Natural Resources.
Development. Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Dryland access. A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
Encroachment. Any fill, structure, equipment, use or development in the floodway.
Federal emergency management agency (FEMA). The federal agency that administers the National Flood Insurance Program.
Flood insurance rate map (FIRM). A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
•
The overflow or rise of inland waters;
•
The rapid accumulation or runoff of surface waters from any source;
•
The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
•
The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
Flood frequency. The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
Floodfringe. That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
Flood hazard boundary map. A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.
Flood insurance study. A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the national flood insurance program.
Floodplain. Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
Floodplain island. A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
Floodplain management. Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
Flood profile. A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
Floodproofing. Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
Flood protection elevation. An elevation of two feet of freeboard above the regional flood elevation. (Also see: Freeboard.)
Flood storage. Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
Floodway. The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
Freeboard. A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
Habitable structure. Any structure or portion thereof used or designed for human habitation.
Hearing notice. Publication or posting meeting the requirements of [Wis.] Stats. Ch. 985, For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
High flood damage potential. Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure. Any structure that is either:
•
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
•
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
•
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
•
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
Increase in regional flood height. A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
Land use. Any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Lowest adjacent grade. Elevation of the lowest ground surface that touches any of the exterior walls of a building.
Lowest floor. The lowest floor of the lowest enclosed area (including basement).
Maintenance. The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures.
Manufactured home. A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
Mobile/manufactured home park or subdivision. A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
Mobile/manufactured home park or subdivision, existing. A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this division. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
Mobile/manufactured home park, expansion to existing. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
Mobile recreational vehicle. A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
Model, corrected effective. A hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.
Model, duplicate effective. A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
Model, effective. The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
Model, existing (pre-project). A modification of the duplicate effective model or corrected effective model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.
Model, revised (post-project). A modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.
Municipality or municipal. The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.
NAVD or North American Vertical Datum. Elevations referenced to mean sea level datum, 1988 adjustment.
NGVD or National Geodetic Vertical Datum. Elevations referenced to mean sea level datum, 1929 adjustment.
New construction. Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
Non-flood disaster. A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
Nonconforming structure. An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this division for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
Nonconforming use. An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this division for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
Obstruction to flow. Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
Official floodplain zoning map. That map, adopted and made part of this division, as described in section 40.385(e)(2), which has been approved by the department and FEMA.
Open space use. Those uses having a relatively low flood damage potential and not involving structures.
Ordinary highwater mark. The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
Person. An individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
Private sewage system. A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the department of safety and professional services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
Public utilities. Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer.
Reasonably safe from flooding means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
Regional flood. A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure. Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
Subdivision has the meaning given in Wis. Stats. § 236.02(12).
Substantial damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
Substantial improvement. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
Unnecessary hardship. Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
Variance. An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
Violation. The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
Watershed. The entire region contributing runoff or surface water to a watercourse or body of water.
Water surface profile. A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
(Ord. No. 2014-04, § 1(Att.), 3-18-2014; Ord. No. 2023-17, § 1(Exh. A), 9-13-2023)
Sec. 40.395.- Purpose.
This overlay district is intended to permit, in certain B-1 community business district and/or B-3 office and service district zoned locations, housing for the elderly (see definition below and at section 40.108 of this chapter) on the limited basis provided for below in order to support the long term/lifelong housing needs of the village residents and in light of the mutually beneficial relationships realized when elderly housing can be situated in near proximity to such uses as shopping, dining, financial services, entertainment, religious offerings, clinical/medical services and similar. Areas to be considered for this overlay district will be those that are adjacent to similar type projects or properties that do not have single-family residential abutting more than 50 percent of the perimeter of proposed project area.
(Ord. No. 2020-16, § I(40.1), 11-17-2020)
Sec. 40.396. - General requirements.
General requirements in this housing for the elderly overlay district shall include:
(1)
Development shall be designed and sized in a manner that is architecturally, aesthetically and operationally harmonious with surrounding development.
(2)
All business, servicing, processing or storage related needs of the development, except for off-street parking and/or loading, shall be conducted within completely enclosed buildings unless otherwise specifically approved by the planning commission as a part of the development project plan.
(3)
The size and location of projects shall be based upon such factors as justifiable community need, satisfactory relationships between anticipated demands of the development physically, socially and economically versus available services and infrastructure and the potential contribution of the proposed development to the welfare of the community.
(4)
In approving or disapproving proposed locations for uses under this overlay district, the planning commission shall give due consideration to the character and suitability for development of the area in which any housing for the elderly use is proposed to be located and shall also base its decision on such evidence as may be presented to the planning commission regarding traffic generation, heavy vehicular traffic, ground water impact, impact upon existing sanitary sewage disposal system, existing roads, existing storm water management systems, and existing public water system, utilities limitations, soil limitations and the emission of noise, smoke, dust or dirt, odorous or noxious gases attributed to the proposed use. To this end, and unless specifically waived by the village administrator or planning commission, all applications shall include among the supporting materials at the time of submittal, specific, expert, detailed impact analysis demonstrating clearly that there will be no adverse impacts upon, or reductions in the levels of service, in the areas as listed above. If, in the course of more detailed project review, the village administrator and/or planning commission should subsequently determine that the unique characteristics of a particular project warrant specific, expert, detailed impact analysis of a sort that were either previously waived or not contemplated/listed here at the writing of this division, then the applicant shall, upon request, provide such analysis as well.
(5)
Building, site and operational plans shall be reviewed by the planning commission in accordance with article VI - divisions 1 and 2, article VIII and article IX - divisions 2 and 3 of this chapter 40.
(Ord. No. 2020-16, § I(40.2), 11-17-2020)
Sec. 40.397. - Definitions.
For purposes of this housing for the elderly overlay district, the following definitions shall apply:
(1)
Elderly housing shall mean "housing for older persons" as defined by section 807(b)(2) and (3) of the Fair Housing Act (42 U.S.C. 3607 (b)(2)) as may be amended from time to time. At the time this overlay district is written, Section 807(b)(2)&(3) of the Fair Housing Act (42 U.S.C. 3607(b)(2)(C)) reads that:
"(2)
As used in this section "housing for older persons" means housing —
(A)
provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or
(B)
intended for, and solely occupied by, persons 62 years of age or older; or
(C)
intended and operated for occupancy by persons 55 years of age or older, and—
(i)
At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
(ii)
The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and
(iii)
The housing facility or community complies with rules issued by the secretary for verification of occupancy, which shall—
(I)
Provide for verification by reliable surveys and affidavits; and
(II)
Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.
(3)
Housing shall not fail to meet the requirements for housing for older persons by reason of:
(A)
persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subsections (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of sections (2)(B) or (C); or
(B)
Unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections (2)(B) or (C)."
(2)
Assisted living facilities. At the time this overlay district is written, the Wisconsin Department of Health Services defines assisted living as facilities for individuals who need some level of care monitoring services but choose to live in a setting without 24-hour access to nursing services and the state regulates four types of these; Adult Daycare, Adult Family Home (AFH), Community-Based Residential Facility (CBRF) and Residential Care Apartment Complex (RCAC). Assisted living facility units with 0—2 bedroom units shall be counted as one unit. Assisted living facility units with more than two bedrooms shall be considered two units.
(3)
Nursing home. In the Village of Pewaukee, the term nursing home shall mean only those public or private residential institutions providing 24 hour onsite access to skilled nursing services and intended and equipped to provide long term in-patient care for persons unable to look after themselves such as the aged or chronically ill). 'Long term' shall, in this case, be defined as intending to remain in residence at the nursing home for not less than six months. For purposes of this section, skilled nursing services shall have the meaning set forth in Section 50.01(6V) of the Wisconsin Statutes. Nursing home living units with 0—2 bedrooms shall be considered one unit. Nursing home living units with more than two bedrooms shall be considered two units.
(4)
Independent living units shall mean living units that are not assisted living and are not nursing home units and which may be owned, rented or otherwise occupied by individuals that require no nursing care/services or care monitoring services to live. Independent living units have an individual lockable entrance and exit, a kitchen including a stove, and individual bathroom, sleeping and living areas. Independent living units with 0—2 bedrooms shall be considered one unit. Independent living units with more than two bedrooms shall be considered two units.
(5)
Skilled nursing services shall have the meaning as set forth in Section 50.01(6V) of the Wisconsin Statutes, which, at the time this overlay district is written, defines skilled nursing services as those services, to which all of the following apply, that are provided to a resident under a physician's orders:
(a)
The services require the skills of and are provided directly by or under the supervision of a person who's licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
(b)
Any of the following circumstances exist:
1.
The inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of registered nurses or licensed practical nurses.
2.
The full recovery or medical improvement of the resident is not possible, but the services are needed to prevent, to the extent possible, deterioration of the resident's condition or to sustain current capacities of the resident.
3.
Because of special medical complications, performing or supervising a service that is generally unskilled or observing the resident necessitates the use of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
(6)
Abutting means sharing a common lot line or located directly across the street where the ultimate right-of-way width is 66 feet or less. Parcels that touch at lot corners are also considered abutting.
(Ord. No. 2020-16, § I(40.3), 11-17-2020)
Sec. 40.398. - Permitted uses.
Permitted uses in this housing for the elderly overlay district shall include:
(1)
Any permitted use in the underlying zoning district.
(Ord. No. 2020-16, § I(40.4), 11-17-2020)
Sec. 40.399. - Permitted accessory uses.
Permitted accessory uses in this housing for the elderly overlay district shall include accessory buildings, structures and uses customarily incidental to the uses in section 40.398 above and 40.400 below, such as for instance, but not necessarily limited to, garages and dumpster storage facilities.
(Ord. No. 2020-16, § I(40.5), 11-17-2020)
Sec. 40.400. - Conditional uses.
Conditional uses in this housing for the elderly overlay district shall include:
(1)
Any conditional use in the underlying zoning district;
(2)
Housing for the elderly as independent living units, assisted living facilities and/or nursing homes;
(3)
A mixing of multiple principal uses from among the uses listed in this overlay district as either permitted or conditional uses.
(Ord. No. 2020-16, § I(40.6), 11-17-2020)
Sec. 40.400.1. - Site, bulk, density and spatial standards.
For purposes of this housing for the elderly overlay district, the following site bulk, density and spatial standards shall apply:
(1)
Development projects which include housing for the elderly:
a.
Independent living units shall be permitted within a development project that also includes assisted living and/or nursing home units and in that case, the number of independent living units shall not exceed 75 percent of the combined total number of units in the development.
b.
Overall maximum permitted density for elderly housing use shall not exceed 20 units per buildable acre with up to a 150 percent increase based upon relief from the 20 units per buildable acre standard being granted by the plan commission. In considering whether to grant such relief, the plan commission may consider the following factors:
(i)
Unique site conditions including topography, road access, storm water management use constraints and essential services.
(ii)
Neighboring uses in proximity to single family residential property
(iii)
Parking managed through underground facilities.
(iv)
Proximity to and reliance upon arterials and limited use of collector streets. Said streets mush have a sufficient cross section and turning radii to accommodate the intensity of the use.
(v)
Does not unreasonably burden existing public infrastructure and services.
(vi)
Is in conformity with the village's comprehensive plan.
(vii)
Must not conflict with the ambiance and character of the use of adjacent lands.
(viii)
The availability of on-site amenities and services to reduce the need for off-site trips.
(ix)
Such other project/development factors as the village plan commission may determine, in the exercise of its reasonable discretion, that may reduce the perceived negative secondary effects of an increase in density above 20 unites per buildable acre.
(x)
Special conditions effecting the property which were not self-created and which make strict conformity with the density standards of this ordinance section unnecessary and burdensome or unreasonable in light of the purposes of this section.
The provisions of this section shall not be interpreted as guarantees of an achievable density. Other regulations within this Code may prevent increases in density levels being achieved due to the character of the land, location of natural features, access requirements or surrounding uses.
c.
Elderly housing developments in this overlay district shall be situated upon a single, contiguous, underlying property, not less than two buildable acres in area, owned by a single individual, partnership or corporation or in common ownership under a registered condominium.
(2)
Development projects in which the predominant use is housing for the elderly shall be subject to all the requirements of the underlying base zoning district except as may otherwise be provided for below and also to any extent that the planning commission may permit waivers/modifications to the extent provided for under section 40.153 of the Code:
a.
Building floor area ratio not exceed 40 percent;
b.
Height of any principal structure shall not exceed four stories or 52 feet (up to 55 feet if the building design incorporates a gabled roofline).
c.
All structures to be set back 50 feet from the abutting street right-of-way line;
d.
Principal structures to be offset 20 feet from the side and rear lot lines unless the adjoining property is zoned or used for single-family residential purposes, in which case the offset must be 30 feet. Accessory structures shall be offset not less than ten feet;
e.
Open space ratio not less than 35/30 percent;
f.
Parking lot and drives shall be setback not less than 25 feet from the abutting street right of way line;
g.
Parking lot and drives shall be offset not less than 20 feet from the side and rear lot lines.
(3)
Development projects that do not include housing for the elderly shall be subject to all the requirements of the underlying base zoning district.
(Ord. No. 2020-16, § I(40.7), 11-17-2020; Ord. No. 2023-14, § 1, 8-15-2023; Ord. No. 2023-15, § 1, 8-15-2023)
Sec. 40.401.- Purpose.
The FC floodplain conservancy district is intended to preserve in essentially open space and natural uses lands which are unsuitable for intensive urban development due to poor natural soil conditions and periodic flood inundations. The proper regulation of these areas will serve to maintain and improve water quality, prevent flood damage, protect wildlife habitat, and prohibit the location of structures on soil which are generally not suitable for such use. In delineating the FC district, consideration shall be given to the maintenance of flood storage capacity and preventing significant increase in the flood discharges identified in the Village of Pewaukee's flood insurance study. Significant increases are those which result in a rise in the regional flood profile of 0.01 foot or greater.
(Ord. No. 99-5, § 17.11(4)(a), 5-4-1999)
Sec. 40.402. - Principal uses.
Principal uses in the FC district shall include:
(1)
Drainage and movement of water.
(2)
Navigation.
(3)
Stream bank protection.
(4)
Water measurement and control facilities.
(5)
Uses essential for historic preservation or functionally dependent on a waterfront location.
(6)
Any of the following uses are permitted provided that such use shall not involve the erecting or placing of a structure:
a.
Grazing.
b.
Horticulture.
c.
Open markets.
d.
Open recreation uses, such as parks, sport fields, beaches, bathing, hunting, fishing, rinks, golf courses and driving ranges.
e.
Off-street parking and loading areas accessory to permitted uses, but not including new or used car sales or storage areas. Parking lots and loading areas shall not be subject to inundation depths greater than two feet of flood velocities greater than two feet per second.
f.
Outdoor plant nurseries.
g.
Pasturing.
h.
Sod farms.
i.
Truck farming.
j.
Utility poles, towers and underground conduit for transmitting electricity, telephone, cable television, natural gas and similar products and services.
k.
Viticulture (grape growing).
l.
Wildlife preserves.
(Ord. No. 99-5, § 17.11(4)(b), 5-4-1999)
Sec. 40.403. - Conditional uses.
Conditional uses in the FC district shall be administered in accordance with section 40.155 and include the following uses:
(1)
Accessory structures in the FC floodland district provided that all structures, when permitted, are not designed for human occupancy, have a low flood damage potential, are constructed and placed to provide minimum obstruction to floods, constructed and placed to provide minimum obstruction to flood flows (whenever possible, accessory structures shall be placed with their longitudinal axis parallel to the flow of floodwater), are firmly anchored to prevent them from floating away and restricting bridge openings, and have all service facilities, such as electrical and heating equipment, at an elevation at least two feet above the 100-year recurrence interval flood. Certification of floodproofing shall be made to the Village of Pewaukee administrator and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths and other factors associated with the 100-year recurrence interval flood.
(2)
Open space and related uses may be permitted for the following uses provided that the applicant shows that such use or improvement will not impede drainage, will not cause ponding, will not obstruct the floodway, will not increase flood flow velocities, will not increase the flood stage and will not retard the movement of floodwaters. All floodproofed structures shall be securely anchored to protect them from larger floods. Certification of floodproofing shall be made to the village administrator and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths and other factors associated with the 100-year recurrence interval flood.
a.
Navigational structures.
b.
Public water measuring and control facilities.
c.
Bridges and approaches.
d.
Marinas.
e.
Filling as authorized by the Wisconsin Department of Natural Resources to permit the establishment of approved bulkhead lines.
f.
Other open space uses consistent with the purpose and intent of the district and compatible with uses in adjacent districts, not including structures.
(3)
Municipal water supply and sanitary sewage collection systems provided that the system is floodproofed to an elevation of at least two feet above the elevation of the 100-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. All floodproofed utilities shall be anchored to prevent flotation. Certification of floodproofing or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths and other factors associated with the 100-year recurrence interval flood level for the particular stream reach.
(Ord. No. 99-5, § 17.11(4)(c), 5-4-1999)
Sec. 40.404. - Maintenance of drainageway.
No development in the FC district shall adversely affect the channels, floodways or shorelands of the Pewaukee River, any tributary thereto, drainage ditches or other lands lying outside the floodlands.
(Ord. No. 99-5, § 17.11(4)(d), 5-4-1999)
Sec. 40.405. - Dumping and filling prohibited.
Lands lying within the FC 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 so long as the water-carrying capacity of the floodway is not decreased.
(Ord. No. 99-5, § 17.11(4)(d), 5-4-1999)
Sec. 40.406. - Dangerous materials storage prohibited.
Lands lying within the FC district shall not be used for the storage of materials that are buoyant, flammable, explosive or injurious to property, water quality, human or animal life, fish or other aquatic life or plant life.
(Ord. No. 99-5, § 17.11(4)(f), 5-4-1999)
Sec. 40.407. - Incompatible uses prohibited.
Lands lying within the FC district shall not be used for any solid or hazardous waste disposal site or on-site soil absorption sanitary sewerage system site, or the construction of any well which is used to obtain water for ultimate human consumption. Sewage treatment plants and treatment ponds shall not be constructed in the FW district.
(Ord. No. 99-5, § 17.11(4)(g), 5-4-1999)
Sec. 40.408. - Mobile homes prohibited.
No mobile home, mobile home park or trailer camp shall be placed or moved onto lands lying in the FC district.
(Ord. No. 99-5, § 17.11(4)(h), 5-4-1999)
Sec. 40.409. - Amendments to the FC district boundary.
The Village of Pewaukee board shall not permit changes to the FC district boundaries that are inconsistent with the purpose and intent of this Code or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA). In addition:
(1)
Changes in the FC district boundaries shall not be permitted where the change will increase the flood stage elevation by 0.01 foot or more, unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. In no event shall a change be permitted that would increase the flood stage elevation by more than 1.0 foot unless a waiver is granted by the Federal Emergency Management Agency (FEMA). Petitions for FC district changes shall show the effects of the change within the associated floodfringe, and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.
(2)
Removal of land from any floodland district shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood and further provided that such land is contiguous to lands lying outside of the floodlands.
(3)
Amendment of floodlands which were delineated by approximate methods shall not be permitted unless the petitioner provides the village with engineering data showing the flood profile, necessary river cross sections, flood elevations and any effect the establishment of a floodway/floodfringe will have on flood stages. The effects shall be limited as set forth in subsection (1) of this section for changes. If the approximate flood zone is less than five acres in area, and where the cost of the proposed development is estimated to be less than $125,000.00, the department of natural resources (DNR) will assist the petitioner in determining the required flood elevations.
(4)
No river or stream shall be altered or relocated until a floodland zoning change has been applied for and granted in accordance with the requirements of the section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The floodcarrying capacity of the altered or relocated watercourse shall not be reduced to less than the floodcarrying capacity before the watercourse was altered or relocated.
(5)
Notice to DNR and FEMA. A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the DNR and FEMA at least ten days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR. In the case of floodland district boundary changes, an official letter of map amendment from the FEMA may also be required.
(6)
Additional administrative requirements are subject to sections 40.131—40.145 and 40.117—40.123.
(Ord. No. 99-5, § 17.11(4)(i), 5-4-1999)
Sec. 40.409.1.- Statutory authorization, findings of fact, statement of purpose and title.
(a)
Statutory authorization. This division is adopted pursuant to the authorization in Wis. Stat. §§ 61.35 and 61.353.
(b)
Finding of fact and purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the Village of Pewaukee would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Limit certain land use activities detrimental to shorelands; and
(3)
Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.
(Ord. No. 2014-08, § 1(40.410), 8-5-2014)
Sec. 40.409.2. - General provisions.
(a)
Compliance. The use of shorelands within the shoreland area of the village shall be in full compliance with the terms of this division and other applicable local, state or federal regulations. All permitted development shall require the issuance of a building and/or use permit unless otherwise expressly excluded by a provision of this division.
(b)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies.
(c)
Abrogation and greater restrictions.
(1)
This division supersedes all the provisions of any other applicable municipal ordinance except that where another municipal ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(2)
This division is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this division shall prevail.
(d)
Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.
(e)
Severability. Should any portion of this division be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this division shall not be affected.
(f)
Applicability of shoreland district regulations. The shoreland zoning district regulations apply only to the following shorelands:
(1)
A shoreland that was annexed by the Village of Pewaukee after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stat. § 59.692; and
(2)
District boundaries. The shoreland district areas regulated by this division shall include all the lands (referred to herein as shorelands) in the Village of Pewaukee that are:
a.
Within 1,000 feet of the ordinary highwater 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.
b.
Within 300 feet of the ordinary highwater 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. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.
c.
Determinations of navigability and ordinary highwater mark location shall initially be made by the village administrator. When questions arise, the village administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary highwater mark.
d.
Pursuant to Wis. Stat. § 61.353(7), the shoreland zoning district does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.
*A map titled "Village of Pewaukee Lands Annexed from 1982 and Thereafter" shall be considered the guide as to inventory of properties potentially affected by this local shoreland zoning regulation to the extent that these identified annexed lands meet the definition of "Shoreland."
(g)
Effect of existing land division, sanitary, zoning and other regulations. The lands within the shoreland zoning district are subject to all applicable provisions of the Village of Pewaukee Code. Where the provisions of this division are more restrictive than other regulations in the Village Code, the provisions of this division shall apply.
(Ord. No. 2014-08, § 1(40.411), 8-5-2014)
Sec. 40.409.3. - Setbacks from the water.
(a)
Principal building setbacks.
(1)
All principal buildings shall be set back at least 50 feet from the ordinary high-water mark.
(2)
Adjustment of shore yards. A setback less than that required by subsection (a)(1) 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 building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
(Ord. No. 2014-08, § 1(40.412), 8-5-2014)
Sec. 40.409.4. - Vegetative buffer zone.
Pursuant to Wis. Stats. § 61.353(3), a landowner must maintain a vegetative buffer zone, as follows:
(1)
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subsection (2).
(2)
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.
(3)
A person who is required to maintain or establish a vegetative buffer zone under subsection (1) may remove all of the vegetation in a part of that zone 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 extends no more than 35 feet inland from the ordinary high-water mark.
(Ord. No. 2014-08, § 1(40.412), 8-5-2014)
Sec. 40.409.5. - Definitions.
In this division:
(1)
"Principal building" means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
(2)
"Shorelands" has the meaning given in Wis. Stats. § 59.692(1)(b).
(3)
"Shoreland setback area" has the meaning given in Wis. Stats. § 59.692(1)(bn).
(Ord. No. 2014-08, § 1(40.412), 8-5-2014)
Sec. 40.201. - Purpose.
The R-5 residential detached district (10,500 square foot minimum) is intended to provide for small lot single-family detached residential development.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.202. - Permitted uses.
Single-family detached dwellings are permitted in the R-5 district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.203. - Permitted accessory uses.
Permitted accessory uses in the R-5 district shall be:
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.205.75 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(2)
Home occupations and professional offices that are clearly incidental to the principal residential use subject to the following:
a.
The home occupation shall be carried on wholly within the principal residential building or within a building accessory thereto, and only by residents occupying the premises and one additional person not a resident on the premises.
b.
No article or service shall be sold or offered for sale on the premises.
c.
The home occupation shall not normally generate customer or client traffic to the residential premises.
d.
Any off-street parking area shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.
e.
The home occupation shall not include the conducting of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
f.
The home occupation shall not include outside storage of materials or other operational activity resulting in offensive noise, vibration, smoke, dust, odors, heat or glare which may create a nuisance or be otherwise incompatible with the surrounding residential area.
(3)
Private outdoor recreational facilities normally accessory to a residential use (i.e., basketball, swing set, jungle gym, swimming pool and tennis court).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.204. - Conditional uses.
Conditional uses in the R-5 district shall be:
(1)
Private outdoor recreational facilities not normally accessory to a residential use.
(2)
Public and/or private utility, transmission and distribution lines, poles and other accessories provided that when the utility proposes a main inter-village transmission facility, the utilities shall give notice to the planning commission of such intention and of date of hearing before the public service commission, and before actual construction shall file with the planning commission a map description of the route of transmission line. Public and/or private utility installations less than three feet in height shall be subject only to Village of Pewaukee staff approval and may be allowed subject to staff imposed conditions regarding, among other things, effective screening from public view with all season vegetation.
(3)
Additional non-income producing living accommodation with separate bath and kitchen facilities for relatives of the individuals residing in the primary dwelling.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.205. - Lot size.
The minimum lot size in the R-5 district shall have a net area of not less than 10,500 square feet (0.24 acres).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.205.5. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.205.75. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.206. - Dwelling standards.
Single-family dwellings within the R-5 district shall have a 1,200 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes). Minimum area on the first floor is 1,000 square feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.207. - Building height.
(a)
The height of any dwelling unit in the R-5 district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.208. - Minimum average lot width.
The minimum average lot width in the R-5 district shall be no less than 70 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.209. - Minimum building setback.
(a)
No building or structure in the R-5 district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(b)
Notwithstanding the setback requirements of any other governmental entity with jurisdiction, the building setback on a legal nonconforming lot may be reduced below the minimum required above if a conditional use grant is approved in accordance with article V, Conditional uses.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210. - Minimum building offset.
Minimum building offset in the R-5 district shall be:
(1)
Side lot line: Minimum ten feet. The minimum side lot line offset on a legal nonconforming lot may be reduced below ten feet if a conditional use grant is approved in accordance with article V, Conditional uses.
(2)
Rear lot line: Minimum 25 feet. The minimum rear lot line offset on a legal nonconforming lot may be reduced below 25 feet if a conditional use grant is approved in accordance with article V, Conditional uses.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory structures:
a.
Accessory storage structures and detached garages: Minimum ten feet. The minimum offset for an accessory storage structure or detached garage on a legal nonconforming lot may be reduced below ten feet if a conditional use grant is approved in accordance with article V, Conditional uses.
b.
Non-storage related accessory structures: Minimum five feet. The minimum offset for a non-storage related accessory structure on a legal nonconforming lot may be reduced below five feet if a conditional use grant is approved in accordance with article V, Conditional uses.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.1. - Purpose.
The R-5 lakefront overlay district is established to accommodate lakefront properties within the R-5 residential detached district generally located along Kopmeier Drive or Park Avenue.
(1)
Provide flexibility for lakefront properties.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.2. - Permitted uses.
Permitted uses shall include, but not necessarily be limited to, the following:
(1)
Any use by right in the underlying base district.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.3. - Accessory uses.
Any accessory use as permitted in accordance with the underlying base district.
(1)
Private garages, carports and paved parking areas shall be allowed provided that no such garage or carport shall be erected prior to the erection of the principal building to which it is accessory. Garages and/or storage structures shall conform to the following:
a.
All new residential home construction shall include at least one enclosed garage structure not less than 576 square feet in area and not greater than 1,200 square feet. No detached garage structure may exceed 900 square feet in size. There shall be no more than one detached garage structure on any property.
All garages shall have direct and paved driveway access (not less than eight feet in width) extending to each overhead door(s) of the garage from a designated adjacent public or private road or alleyway. All paved parking and/or drive surfaces shall be offset from the side and rear lot lines by not less than five feet. Garages are not to be used for any dwelling, home office, home occupation, or business use of any sort except as may otherwise be permitted elsewhere under the village ordinance. Driveway paving shall be completed within 12 months of the garage being completed.
Properties with a lot area greater than 2.5 acres, may be permitted a detached garage or an accessory storage structure greater than 900 square feet/192 square feet in area respectively if first granted an approval by the planning commission as a conditional use. Effective screening plans /implementation may be required as a condition of CUG to mitigate the impacts of a larger structure. No approval granted by the planning commission for a larger detached garage and/or storage structure under this section may result in an excess of first floor total building area greater than those maximums established under section 40.210.5.2 below.
b.
One accessory storage structure shall be permitted in addition to any permitted garage structure(s). The accessory storage structure shall not exceed 192 square feet in size and shall be offset a minimum of ten feet from a side or rear lot line. Non-storage related accessory structures may be permitted provided they are offset no less than five feet from a side or rear lot line.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.4. - Conditional uses.
(a)
Any conditional use as permitted in accordance with the underlying base district.
(b)
Construction of a boathouse on property abutting Pewaukee Lake may be allowed subject to the conditions set forth below unless one or more of these conditions has been specifically waived or modified by the planning commission, having first determined that relief or digression from such condition(s) in a specific circumstance is warranted, that such waiver or modification is unlikely to result in adverse impacts upon the surrounding properties, neighborhood or the village as a whole, and that the final plan will uphold the spirit and intent of this section.
(1)
Must be accessory to an existing permitted residential dwelling/use upon the same lot;
(2)
Is placed no closer than five feet from the OHWM or base flood elevation and no closer than five feet to a side lot line;
(3)
Has no plumbing, kitchen or built-in cooking facilities and is not used, rented or leased for overnight habitation;
(4)
Shall be of a design, materials and colors consistent with the principal structure on the site and harmonious with the surrounding area;
(5)
Shall be considered in lieu of, not in addition to, the permitted accessory storage structure as would otherwise be allowed under section 40.210.3(1) above;
(6)
The maximum combined floor area of all accessory structures upon a lot which includes an approved boathouse shall not exceed 500 square feet;
(7)
Shall be constructed upon a permanent foundation extending below the frost line or upon a concrete slab and shall contain not less than 200 square feet in floor area nor more than 400 square feet in floor area;
(8)
Shall not increase the permanent impervious surface area coverage of that portion of the parcel that lies within 50 feet of the OHM or base flood elevation to more than 30 percent;
(9)
Shall be subject to village engineer review and approval of a plan for erosion control and storm water management to be implemented prior to the start of any construction or ground disturbance upon the property and maintained in place throughout the construction activity and so long after as deemed necessary by the village engineer in order to mitigate/prevent any adverse impacts upon the Pewaukee Lake and/or neighboring properties;
(10)
A site survey and footprint field staking of the proposed boathouse shall be required prior to issuance of a building permit;
(11)
Can meet all the regulations set forth herein and in the underlying zoning district.
*Please note: Any request for a conditional use permit must be accompanied by site and architectural plans for review by the plan commission, and in such detail as required by the plan commission in order to make an entirely informed decision as to the suitability and compatibility of the proposed use(s) and structure(s).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.5. - Lot size.
Minimum lot size in the R-5 lakefront overlay district shall have a net area of not less than 10,500 square feet (.24 acres).
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.5.1. - Minimum open space ratio.
The minimum required open space area shall be 30 percent for all lots.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.5.2. - Maximum building coverage ratio.
The combined total first floor area coverage of all buildings on a lot shall not exceed:
•
30 percent for lots less than 20,000 square feet in area;
•
25 percent for lots from 20,000 to 43,560 square feet in area; and
•
20 percent for lots greater than 43,560 square feet in area.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.6. - Dwelling standards.
Single-family dwellings within the R-5 lakefront overlay district shall have a 1,200 square foot minimum living area measured from the outside of exterior walls (excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes). Minimum area on the first floor is 1,000 square feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.7. - Building height.
(a)
The height of any dwelling unit in the R-5 lakefront overlay district shall not exceed 42 feet.
(b)
The height of accessory structures shall not exceed 15 feet or the width of the structure, whichever is less.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.8. - Minimum average lot width.
The minimum average lot width in the R-5 lakefront overlay district shall be no less than 50 feet.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.9. - Minimum building setback.
No building or structure in the R-5 lakefront overlay district, hereafter erected, shall be placed closer than 35 feet to the ultimate right-of-way line of any public street, road or highway upon which the subject property abuts.
(Ord. No. 2020-05, § I, 5-5-2020)
Sec. 40.210.10. - Minimum building offset.
Minimum building offset in the R-5 lakefront overlay district shall be:
(1)
Side lot line: Minimum ten feet.
(2)
Rear lot line: Minimum 25 feet.
(3)
Lake frontage: Minimum 75 feet.
(4)
Accessory storage structures and detached garages: Minimum ten feet.
Non-storage related accessory structures: Minimum five feet.
(Ord. No. 2020-05, § I, 5-5-2020)