Random Lake Village
City Zoning Code

ARTICLE II

DISTRICTS

Sec. 38-33. - Established.

The village is divided into the following zoning districts:

(1)

R-1 Single-Family Residential District.

(2)

R-2 Two-Family Residential District.

(3)

R-3 Residential Condominium District.

(4)

R-4 Three-Family or Multifamily District.

(5)

R-5 R-PUD Residential Planned Unit Development Districts.

(6)

R-6 Manufactured/Mobile Home Park and Subdivision District.

(7)

C-1 General Commercial District.

(8)

C-2 Highway Commercial District.

(9)

C-3 Neighborhood Commercial District.

(10)

M-1 Limited Industrial and Business Park District.

(11)

A Agricultural District.

(12)

CON Conservancy District.

(13)

Floodplain and Shoreland-Wetland Districts.

(Ord. No. 1-04, § I(1), 3-1-2004; Ord. No. 2021-08, § 1, 8-16-2021)

Sec. 38-34. - Zoning map.

The locations and boundaries of the districts are shown on the current official village zoning map, and referred to by reference as the official zoning map, for the village. Such map, together with all explanatory matter and regulations thereon, is an integral part of this article and all amendments thereto. Official copies of the zoning map, together with a copy of this article, shall be kept by the clerk-treasurer and shall be available for public inspection during office hours. Any changes or amendments affecting district boundaries shall not be effective until recorded and the certified change is filed with the map.

(Ord. No. 1-04, § I(2), 3-1-2004; Ord. No. 05-2017, 12-4-2017)

Sec. 38-35. - Boundaries.

When uncertainty exists with respect to the boundaries of the various districts as shown on the map, the following rules shall apply:

(1)

When width or length of boundaries are not clear, the scale of the map shall determine the approximate dimensions.

(2)

If the village's floodplain, shoreland-wetland, and general zoning regulations conflict with one another, the most restrictive combination of such regulations shall control.

(3)

District boundaries are normally lot lines and centerlines of streets, highways, railroads or alleys.

(4)

Prior to obtaining any permits in any zoning district identified above, all plans, to the extent applicable, shall be submitted to the architectural review board in accordance with this article.

(Ord. No. 1-04, § I(4), 3-1-2004)

Sec. 38-36. - Performance standards; compliance.

This article permits specific uses in specific districts and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following performance standards.

(1)

Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mine's Information Circular 7718 in the industrial districts.

(2)

Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(3)

Glare and heat. No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial districts which may emit direct or sky-reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

(4)

Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.

(5)

Noise and vibration. There shall be no noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance by the building inspector. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.

(6)

Odors. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.

(7)

Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-37. - Use restrictions.

The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district:

Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening; servant's and watchman's quarters not for rent; private swimming pools; and private emergency shelters. Accessory buildings shall not occupy more than 30 percent of the required area for the rear yard.

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the village board after the plan commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the village board.

(2)

Performance standards. Performance standards listed in section 38-36 shall be complied with by all uses in all districts.

(Ord. No. 1-04, § I(2), 3-1-2004)

Sec. 38-38. - Nonconforming uses, structures and lots.

(a)

Existing nonconforming uses.

(1)

Continuation. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this article may be continued although the use does not conform with the provisions of this article; provided, however:

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this article.

The total lifetime structural repairs or alterations shall not exceed 50 percent of the assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this article.

Substitution of new equipment may be permitted by the village board if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(2)

Abolishment or replacement of existing nonconforming use. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this article. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50 percent of its current equalized assessed value, it shall not be restored except so as to comply with the use provisions of this article. From the date of adoption of this article, a current file of all nonconforming uses shall be maintained by the clerk-treasurer, listing the following:

Owner's name and address.

Use of the structure, land or water.

Assessed value at the time of its becoming a nonconforming use.

(b)

Existing nonconforming structures. Any lawful nonconforming structures existing at the time of the adoption or amendment of this article may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this article. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article unless a variance is first obtained from the board of zoning appeals.

(c)

Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the village board has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the village board.

(d)

Existing vacant substandard lots. An existing lot which does not contain sufficient area to conform to the dimensional requirements of this article, but which is at least 50 feet wide and 5,000 square feet in area, may be used as a single-family building site provided that the use is permitted in the zoning district and the lot is of record in the county register of deed's office prior to the effective date of the ordinance from which this article is derived; and, further provided, that the lot is in separate ownership from abutting lands. If two or more vacant substandard lots with continuous frontage have the same ownership as of the effective date of the ordinance from which this article is derived, the lots involved shall be considered to be an individual parcel for the purpose of this article. Substandard lots shall be required to meet the setbacks and other yard requirements of this article. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after approval of a variance by the board of zoning appeals.

(Ord. No. 1-04, § I, 3-1- article)

Sec. 38-39. - Conditional uses.

(a)

General uses applicable to one or more districts. The following uses shall be conditional uses and may be permitted as specified:

(1)

Governmental and cultural uses such as fire and police stations, village centers, libraries, public emergency shelters, parks, playgrounds, museums and historical landmarks or restorations may be permitted in all residential and commercial districts.

(2)

Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential lot line.

(3)

Incinerators, sewerage disposal plants and earth or sanitary landfill operations may be permitted in the A Agricultural District.

(4)

Golf courses may be permitted in any residential or agricultural district.

(5)

Cemeteries may be permitted in any residential or commercial district.

(6)

Publicly owned skating rinks, sports fields, swimming pools, tennis courts, or other recreational venues may be permitted in any district.

(7)

Commercial recreational facilities.

(8)

Privately owned swimming pools.

(9)

Boat launches, liveries and repair facilities may be permitted in the R-1, R-2 and CON districts.

(10)

State-licensed day care facilities may be permitted in any district.

(b)

Application . Applications for conditional use permits shall be made in duplicate to the clerk-treasurer on forms furnished by the clerk-treasurer and shall include the following:

(1)

Names and address of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block and recorded subdivision, or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees, if any; and the zoning district within which the subject site lies.

(3)

Site plan showing the location of any buildings and all proposed provisions for off-street parking and loading.

(4)

Additional information, as may be required by the plan commission, the director of public works and the building inspector.

(5)

The fee is as provided in the village fee schedule and shall accompany such application.

(c)

Notice. Notice of such application and the subsequent hearing thereon before the plan commission shall be published as a Class I notice.

(d)

Appearances at hearings. Either the applicant or his agent or attorney shall attend the public hearing of the plan commission at which such application is to be considered unless such attendance has been excused by the plan commission.

(e)

Review and approval. The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation. The plan commission shall hold a hearing and thereafter shall recommend approval, denial or condition of approval to the village board. The village board shall accept, reject or modify the plan commission's recommendations.

(f)

Issuance of permit. If such permit is issued, the village board may attach conditions thereto such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards.

(g)

Uses adjacent to controlled access highways. Any development within 500 feet of the existing or proposed right-of-way of any freeway, expressway or other controlled access trafficway, and within 1,500 feet of their existing or proposed interchange or turning lane right-of-way, shall be deemed to be a conditional use which shall require the issuance of a permit.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-40. - Yard reduction or joint use.

(a)

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this article, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

(b)

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space required for another building.

(c)

No lot in the village which contains a building shall hereafter be reduced by any type of conveyance to an area less than would be required for the construction of such building on such lot.

(Ord. No. 1-04, § I(3), 3-1-2004)

Sec. 38-41. - Lot occupancy.

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a platted lot and in no case, shall there be more than one principal building on one platted lot unless approved by the village board.

(Ord. No. 1-04, § I(4), 3-1-2004)

Sec. 38-42. - Yards abutting district boundaries.

Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

(Ord. No. 1-04, § I(5), 3-1-2004)

Sec. 38-43. - Storage limitation.

No required side yard or front yard in the commercial or industrial districts shall be used for storage or the conduct of business.

(Ord. No. 1-04, § I(6), 3-1-2004)

Sec. 38-44. - Vision clearance.

No obstructions such as structures, parking or vegetation shall be permitted in any district other than the C-1 district between the height of 2½ and ten feet above a plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines, located a minimum of 35 feet from their intersection. Official signs, utility poles, and tree trunks may be permitted within each segment of an intersection traffic visibility area.

(Ord. No. 1-04, § I(7), 3-1-2004)

Sec. 38-45. - Height and area exceptions.

The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:

(1)

Chimneys, towers, lofts, etc. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, windmills, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts or aerials and necessary mechanical appurtenances exceeding the height regulations of this article may be permitted as conditional uses by the plan commission.

(2)

Street yard modifications. The yard requirements stipulated elsewhere in this article may be modified as follows:

Uncovered stair restrictions. Uncovered stairs, landings and fire escapes may project into any yard, but not to exceed six feet and be no closer than three feet to any lot line.

Cul-de-sac and curve restrictions. Residential lot frontage on cul-de-sacs and curves and for single-family residences in the R-1 district may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 45 feet. Residential lot frontage on cul-de-sacs and curves for two-family and multifamily residences in R-2 and R-3 districts may be less than 100 feet provided the width at the building setback line is at least 100 feet and the street frontage is not less than 55 feet.

Essential services exemptions. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this article.

Street yard restrictions. With the approval of the plan commission, the required street yards may be decreased in any residential, business or industrial district to the average of the existing street yards of the abutting structures on each side, but in no case less than 15 feet in the residential districts and five feet in any business or industrial district.

Grass seed or sod cover shall be applied to all yards within one year of commencement of construction.

(3)

Corner lots. On corner lots the side yard facing the street shall not be less than 25 feet.

(4)

Lots abutting different grades. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade plus 12 inches to the top of the basement wall.

(5)

Buildings on through lots. The requirements for a rear yard for buildings on through lots and extending from street to street may be waived by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.

(6)

Accessory buildings. Accessory buildings which are not a part of the main building shall not occupy more than 30 percent of the area of the required rear yard, shall not be more than 15 feet high and shall not be nearer than five feet to any lot line nor five feet to any alley line, and shall not extend into a front yard beyond the required setback.

(7)

Unobstructed yards. Every part of a required yard shall be open to the sky unobstructed except for accessory buildings in a rear yard.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 2024-03, § 1, 5-6-2024)

Sec. 38-46. - Fences and walls.

(a)

Permit required. No person shall construct a fence or wall in the village without first obtaining approval from the building inspector.

(b)

Certified survey map required. No person shall construct a fence or wall in the village without submitting a certified survey map with the application to the building inspector.

(c)

Application fee. Application for a permit shall be filed with the building inspector on a form supplied by the inspector together with a sketch of the proposed fence, survey of the property showing the location of the proposed fence, and the payment of the fee provided in the village fee schedule.

(d)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

Barbed wire means fence consisting wholly or in part of wire with clusters of short, sharp spikes set at intervals.

Coated chainlink fence means a fence of heavy steel wire woven to form a diamond-shaped mesh that is coated with a plastic vinyl.

Fence means a barrier constructed of wood, wire, boards or other materials intended to prevent the escape or intrusion or to mark a boundary.

Structure means any manmade object with form, shape and utility, permanently or temporarily attached to, placed upon or set into the ground.

Swimming pool means any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water more than 24 inches deep can be contained and which is used primarily for the purpose of bathing or swimming.

Uncoated chainlink fence means a fence of heavy steel wire woven to form a diamond-shaped mesh that is raw metal.

Wire fences. Wire fences are to be of a vinyl coated minimum wire gauge number 16 with maximum opening of two inches by three inches.

Wood fences. Redwood or cedar shall be preferred for durability. Other woods may be used provided they are suitable and maintained.

Woven wire fence means a fence constructed by woven wire together, often containing barbed wire, designed to serve as a barrier to livestock, wildlife or people.

(e)

General fences. General fences are permitted in all districts.

(1)

Materials. Fences shall not be constructed of woven wire, barb wire, or uncoated chain link material.

(2)

Interior lots.

Rear and side lot lines.

Fencing shall not exceed a height of six feet.

Fencing can be constructed on the property line.

Front lot line—Street address side.

Fencing shall not exceed a height of four feet.

Fencing shall not be closer than two feet to any public right- of-way or easement.

Shoreline lot line.

Fencing shall not exceed a height of six feet.

Fencing shall not be closer than 25 feet from shoreline.

(3)

Corner lots.

Rear and interior side lot lines.

Fencing shall not exceed a height of six feet.

Fencing can be constructed on the property line.

Exterior side lot line and front lot line—Street sides.

Fencing shall not exceed a height of four feet.

Fencing shall not be closer than two feet to any public right-of-way or easement.

Shoreline lot line.

Fencing shall not exceed a height of six feet.

Fencing shall not be closer than 25 feet from shoreline.

(4)

Location. The property owner shall be responsible for the proper placement and location of the fence.

(5)

Dog pens and runs. Dog pens and runs shall be erected in the rear yard only and shall be located at least five feet from any property line.

(6)

Fence side. Posts and framing shall face the property for which the fence permit application is being made.

(7)

Nonconforming fences. Present fences may stand even though they do not conform to this section. However, nonconforming fences requiring 50 percent or more repairs or rebuilding shall be removed or rebuilt to conform with the requirements of this section.

(8)

Maintenance of fences required. All fences shall be maintained in good physical condition.

(f)

Security fences. Security fences are permitted in industrial and commercial business districts.

(1)

Materials. Fences can be constructed of any material to include plastic, wood, woven wire, barb wire, uncoated chain link material or coated chain link material.

(2)

Lot lines. Shall not be closer than two feet to any public right-of-way or easement.

(3)

Location. The property owner shall be responsible for the proper placement and location of the fence.

(4)

Fence side. Posts and framing shall face the property for which the fence permit application is being made.

(5)

(6)

Maintenance of fences required. All fences shall be maintained in good physical condition

(g)

Private swimming pool fences.

(1)

Required. No person shall maintain, construct, install or enlarge a residential swimming pool not enclosed in a permanent building in the village unless a fence is constructed in accordance with this section.

(2)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(3)

Fences.

Except as provided in subsection (d)(4) of this section, all swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool and shall be five feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be equipped with self-closing devices for keeping the gates or doors securely closed and locked at all times when not in actual use.

Aboveground pools with self-provided fencing to prevent unguarded entry shall be permitted without separate additional fencing, provided the self-provided fence is of the minimum height and design as herein specified.

Permanent access from grade to above-ground pools having stationary ladders, stairs or ramps shall have safeguard fencing and gates equivalent to those required herein, subject to all other applicable ordinances and subject to the following requirements:

No fence shall be located, erected, constructed or maintained closer than three feet to a pool.

The wall of the house or building facing a pool may be incorporated as a portion of such fence.

In lieu of a fence under subsection a. above, a swimming pool may utilize a motorized safety pool cover provided that:

The pool is located on a single-family residential parcel within a single-family residential zoning district;

The power safety cover is in working order and a maintenance record log is kept on the premises and up to date;

The power safety cover is closed and secured at all times where the pool is not in use by a person of at least 15 years of age or under supervision of a person who is outdoors, within ten feet of the pool, and is at least 15 years of age;

The operation is of a key/code switch that does not require manual operation other than the use of the key/code switch.

All new or replacement pool covers shall be approved by the building inspector per the standards of this section.

The "static load test" should hold a minimum weight load to permit, the cover should be able to hold a weight of 485 pounds.

(4)

Hot tubs. All hot tubs which are not fenced, as provided in subsection (d)(3) of this section, shall be covered by a lid securely fastened at all times the hot tub is not in use.

(h)

Dumpster structures/fences. All dumpsters shall installed after the date of this adoption shall be enclosed in a permanent building unless a structure/fence is constructed.

(1)

Lot lines. Enclosure structure/fence shall not be closer than two feet from the property line.

(2)

Height. Shall be six to eight feet in height, to match or exceed the height of the dumpster.

(3)

Materials. Shall be constructed of suitable materials to block the view of the dumpster.

(i)

Appeals. Any person aggrieved by any decision of the zoning administrator, building inspector, or architectural review board related to architectural control may appeal the decision to the board of appeals. Such appeals shall be filed with the clerk-treasurer within 30 days after filing of the decision of the zoning administrator, building inspector, or architectural review board.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 2024-04, § 1, 5-6-2024; Ord. No. 2024-23, § 1, 10-7-2024; Ord. No. 2025-05, § 1, 1-20-2025; Ord. No. 2025-13, § 1, 6-16-2025; Ord. No. 2025-27, § 1, 12-15-2025)

Sec. 38-47. - Traffic, parking and access.

(a)

Loading requirements. In all business and industrial districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

(b)

Parking requirements. In all districts and in connection with every use, except in the C-1 General Commercial District, there shall be provided at the time any use or building is erected, enlarged, extended or increased off-street parking stalls for all vehicles in accordance with the following:

(1)

Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten feet wide for one- and two-family dwellings and a minimum of 24 feet for all other uses.

(2)

Size. The size of each parking space shall be not less than ten feet by 20 feet, exclusive of the space required for ingress and egress.

(3)

Location. The location is to be on the same lot as the principal use or not over 400 feet from the principal use. No parking stall or driveway, except in residential districts, shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district.

(4)

Surfacing. All off-street parking areas shall be graded and hard surfaced so as to be dust-free and properly drained. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(5)

Curbs or barriers. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot line.

(6)

Number of parking stalls required.

Single- and two-family dwellings and manufactured or mobile homes: two stalls/dwelling unit.

Multifamily dwellings: two stalls/dwelling unit.

Hotels and motels: one stall/guest room plus one stall/three employees.

Hospitals, clubs, lodges, sororities, dormitories, lodginghouses and boardinghouses: one stall/two beds plus one stall/three employees.

Sanitariums, institutions, rest and nursing homes: one stall/two beds plus one stall/three employees.

Medical and dental clinics: three stall/two beds plus one stall/employee.

Churches, theaters, auditoriums, village centers, vocational and night schools and other places of public assembly: one stall/five seats.

Colleges, secondary and elementary schools: one stall/two employees plus one stall/student auto permitted.

Restaurants, bars, places of entertainment, repair shops, retail and service stores: one stall/150 square feet of floor area.

Manufacturing and processing plants, laboratories and warehouses: one stall/two employees.

Financial institutions and businesses, governmental and professional offices: one stall/200 square feet of floor area plus one stall/two employees.

Funeral homes: one stall/four seats plus one stall/vehicle used in the business.

Bowling alleys: five stalls/alley.

In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Parking stalls are not required to be provided in the C-1 district, but when they are provided, they shall conform to requirements of size, access, surfacing and barriers, but not number of stalls or location as specified above.

(c)

Driveways. All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this article is derived shall meet the following requirements:

(1)

Openings for vehicular ingress and egress shall not exceed 24 feet at the street line and 30 feet at the roadway. This requirement shall not apply in the following zoning districts:

C-1 General Commercial District.

C-2 Highway Commercial District.

M-1 Limited Industrial District.

(2)

Vehicular entrances and exits to drive-in banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 100 feet from any pedestrian entrance or exit to a school, church, hospital, park, playground, library or public emergency shelter.

(3)

All driveways must be hard surfaced, and constructed prior to occupancy. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least six inches thick, and shall be constructed with tapered sides.

(d)

Highway access. No direct private access shall be permitted to the existing or proposed rights-of-way of any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-48. - Signs.

(a)

Definitions. The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Directional sign means a sign which conveys information, such as enter, exit, parking, or restroom, provided that no advertising other than a logo or name of the business is placed upon the sign.

Electronic message unit sign means a sign whose message may be changed by electronic process.

Flashing sign means an illuminated sign on which artificial light is not maintained stationery and constant in intensity and color at all times when in use.

Ground sign means a sign erected on one or more freestanding supports or uprights and not attached to any structure.

Pole sign means a freestanding sign that is affixed, attached, or erected on a pole that is not itself an integral part of or attached to a building or structure.

Projecting sign means a sign that shall be affixed at an angle or perpendicularly to the wall of any building in such a manner to read perpendicularly or at an angle to the wall on which it is mounted.

Temporary sign means a sign intended to be displayed for an abbreviated period of time that is not illuminated. This type of sign may include events, garage sale, yard sale, real estate, construction, or political.

Wall sign means a sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall which it is mounted.

Window sign means a sign, picture, symbol, or combination thereof, designed to communicate information about an activity business, commodity, event, sale, or service that is placed inside a window or upon the window.

(b)

Permit not required.

(1)

Street signs as defined in chapter 34 of this Code.

(2)

Safety and traffic signs as defined in chapter 34 of this Code.

(3)

Memorial signs, tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against the structure.

(4)

Temporary signs as defined in previous section not to exceed 50 square feet.

(5)

Signs not exceeding two square feet in area and bearing only property numbers, post office box numbers, or names of occupants of premises.

(6)

Flags and insignia of any government, except when displaying in connection with commercial promotion.

(7)

Window sign.

Signs shall be placed only on inside of window.

Signs shall not exceed 25 percent of glassed area of window.

(c)

Permit required. No property owner shall construct a directional, ground, pole, projecting, or wall sign in the village without first obtaining approval of the architectural review board and a permit from the building inspector.

(1)

Fee. The permit fees shall be as provided in the village fee schedule.

(2)

Criteria for assessment. In evaluating any sign application, the architectural review board may make such orders and establish such conditions as may be appropriate to meet the criteria of this section to protect the public health, welfare, safety and natural beauty of the village. The architectural review board shall consider the following criteria in evaluating an application for a sign permit:

Appropriateness of the style and dimensions of the sign when viewed in context of the structures existing on the property as well as the size of such structures and the typography and landscaping of the property in general.

Compatibility of the sign in the context of signs existing in the neighborhood.

Impact of the sign upon vehicular traffic movement.

Impact of the sign on property values in the vicinity of the sign.

Impact of the sign upon the natural beauty and attractiveness of the village.

(3)

Conditional sign permit. There are certain types of signs which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any districts without consideration, in each case, of the impact of those signs upon neighboring land or public facilities. Such signs, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, size, and design. Such signs are classified as conditional uses and may only be erected following the issuance of a conditional use sign permit. Prior to the granting of any conditional use sign permit, the architectural review board may stipulate such conditions and restrictions upon the establishment, location, size, construction, color, maintenance, and operation of the sign as deemed necessary to promote the public health, safety and general welfare of the community.

(4)

Appeals. Any person aggrieved by any decision of the zoning administrator or architectural review board related to architectural control may appeal the decision to the board of appeals. Such appeals shall be filed with the clerk-treasurer within 30 days after filing of the decision of the zoning administrator or architectural review board.

(d)

General requirements.

(1)

Vision clearance. No signs are permitted in the triangle formed by the point at the corner of an intersection of the public right-of-way and points 35 feet from that intersection along each street.

(2)

Location. The property owner shall be responsible for the proper placement and location of the sign(s). No sign shall be placed closer than the setbacks listed in the perspective sign section.

All signs shall advertise, promote, or represent only establishments, goods, or services located, sold, or manufactured within 100 feet to exclude temporary signs.

(3)

Nonconforming signs. Present signs may stand even though they do not conform to this section. However, nonconforming signs requiring 50 percent or more repairs or rebuilding shall be removed or rebuilt to conform with the requirements of this section.

(4)

Maintenance of signs required. The owner of any sign shall keep it in good maintenance and repair, which includes restoring, repainting, or replacement of a worn or damaged legally existing sign to its original condition and shall maintain the premises on which the sign is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass. The building inspector may order removal on a 20-day public notice or immediately if determined to be a safety risk.

(5)

Joint occupancy or multi use buildings. A joint occupancy or multi-use building shall be a building occupied by a single occupant who engages in more than one activity within the building or contains two or more activities engaged in by different occupants. Each such building shall be allowed one type of sign per parcel.

(6)

Display criteria. Such signs are limited to identifying the business name, street address, principal services, and any graphic design elements either in permanent text or displayed on an electronic message unit sign.

(7)

Directional signs.

Sign not to exceed 15 square feet.

(8)

Ground signs.

Structure of sign not to exceed ten feet in length.

Structure top not to exceed eight feet in height.

Sign not to exceed 80 square feet for one face or 160 square feet for all faces.

(9)

Pole sign.

Size is limited to 100 square feet for one side, or 200 square feet for all sides.

Clearance from the ground shall be a clear open area of eight feet from the ground to the bottommost part of the sign.

Shall not exceed 20 feet in height in the C-1 district, and 30 feet in height in the C-2 district. Height is measured above the mean centerline of street grade.

The sign shall be completely within the property upon which it is located.

(10)

Projecting sign.

No projecting sign shall exceed 15 square feet in area.

Sign shall not exceed a height of 20 feet above the mean centerline street grade.

Sign shall not be less than 15 feet from or above a driveway or an alley.

Sign shall not be less than nine feet above the sidewalk.

No part of any projecting sign shall extend further than five feet from the face of the building.

Sign shall not extend into any public right-of-way.

Fixed fixture only, no free-swinging signs.

(11)

Wall sign.

Sign shall be mounted parallel to the wall.

Sign shall extend no more than one foot outward from wall.

Sign not to exceed 500 square feet in size.

Sign shall not protrude beyond ends of building.

No sign shall extend above the second story windowsill unless an exception is granted.

(e)

Restrictions.

(1)

No signs with flashing or blinking lights.

(2)

No revolving, rotating, or otherwise moving signs.

(3)

One ground sign per business.

(4)

One pole sign per business.

(5)

Two projecting signs per business, one per side of building.

(6)

One wall sign per business.

(7)

Resemble, imitate or approximate the shape, size, form, and color of railroad or traffic signs signals, or devices.

(8)

Obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices.

(9)

Be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape and no sign shall be attached to a standpipe of fire escape.

(10)

Be placed so as to obstruct or interfere with traffic visibility nor be lighted in such a way as to cause a glare or impair driving visibility upon public ways.

(11)

Project above the roofline.

(12)

Located on property not owned by the sign placer, unless written permission is given.

(13)

No signs shall display offensive language or designs: sexually explicit, promoting or conveying illegal activities, containing violence, and use of profanity.

(14)

Advertising on vehicles. No person shall park any vehicle or trailer on a public right-of-way, or public property which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises.

This subsection shall not prohibit "for sale" signs on vehicles for sale provided the vehicle is not parked on a public right-of-way.

(f)

Penalty. Any person who violated this section shall be subject to a penalty and forfeiture provided in the village fee schedule.

(Ord. No. 2024-14, § 1, 8-19-2024)

Sec. 38-68. - R-1 Single-Family Residential District.

The R-1 district is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses.

(1)

Permitted uses.

One-family dwellings.

Two- and three-family dwellings existing on the effective date of the ordinance from which this division is derived.

(2)

Conditional uses.

Churches, synagogues and similar places of worship and instruction, including parsonages.

Municipal buildings, except sewerage disposal plants, garbage incinerators, public warehouses, public garages, public shops and storage yards and penal or correctional institutions and asylums.

Utility offices, provided there is no service garage or storage yard.

Public, parochial and private elementary and secondary schools.

Public parks, recreation areas, playgrounds and village centers.

Home occupations and professional offices.

(3)

Lot, yard and building requirements.

Lot frontage minimum: 80 feet.

Lot size minimum: 10,000 square feet.

Principal building:

Front yard minimum depth: 25 feet.

Side yards minimum: total, 15 feet; minimum side, seven feet.

Rear yard minimum: 25 feet.

Building height maximum: 35 feet.

Floor area minimum:

(i)

Single-story dwelling: 1,500 square feet.

(ii)

Bi-level, tri-level or two-story dwelling: 1,000 square feet, on ground floor, with a total minimum of 1,700 square feet.

(iii)

Dwellings existing on the effective date of March 1, 2004: 1,200 square feet.

Accessory buildings:

General.

(i)

Front yard minimum: 25 feet plus depth of principal building.

(ii)

Side yards minimum: five feet.

(iii)

Rear yard minimum: five feet.

Garage.

(i)

Maximum area: 1,000 square feet, or 60 percent of building area, whichever is greater.

(ii)

Minimum area: 500 square feet.

(iii)

Every dwelling unit shall have a garage, which shall be completed before occupancy.

(iv)

Detached garages may not have living quarters above. Wall height shall not exceed ten feet, roof pitch cannot exceed the pitch of principal building.

(v)

Attached garages may have living quarters above. Total height of attached garages cannot exceed 35 feet.

(vi)

No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.

(vii)

Each dwelling unit shall not have more than one garage.

Garden shed.

(i)

Maximum area: 180 square feet.

(ii)

Building height maximum: 15 feet.

(iii)

Only one garden shed per dwelling unit. Two garden sheds, one at street level with a five-foot setback and one at lake level, are allowed only on the following properties due to topographical features of the lot: 77 Hwy. 144, 79 Hwy. 144, 75 Hwy. 144, and all properties with lake frontage on Stark Road to the east end as it exists or may be extended.

(iv)

Sheds constructed exclusively from metal or plastic materials or constructed with a barn style roof are prohibited.

(v)

All sheds must be architecturally compatible with the exterior appearance of the main structure or building.

Off-street parking: minimum two spaces per unit.

(4)

Driveways and driveway curb cuts.

All driveways must be hard surfaced and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. No property shall have more than one driveway.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter shall be allowed to provide access to the construction site.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 1, 8-2-2004; Ord. No. 6-2015, 7-6-2015; Ord. No. 06-2016, 7-18-2016; Ord. No. 2021-03, § 1, 4-5-2021; Ord. No. 2022-01, § 1, 8-15-2022; Ord. No. 2024-26, § 1, 1-6-25)

Sec. 38-69. - Dwelling standards.

No dwelling, including dwellings constructed on the building site, manufactured dwellings and manufactured homes, shall be erected or installed in any zoning district except in the R-6 district unless such dwelling meets all of the following standards:

(1)

The dwelling shall be set on a full basement or other permanent enclosed structure in accordance with the state uniform dwelling code.

(2)

The dwelling shall have a minimum width of 24 feet and core area of living space at least 24 feet by 24 feet.

(3)

The dwelling shall have a pitched roof with a minimum slope of three inches of rise in 12 inches of run, and eaves extending beyond the nearest vertical wall a minimum of 12 inches.

(4)

In addition, each dwelling on lots over 40 feet is required to select four features, and on lots narrower than 40 feet is required to select three features, from the following list:

Offset or stagger the front wall plane by at least two feet. This does not include the garage wall or a recessed entry.

Garage offset at least two feet behind front wall of dwelling.

Side loading garages that are at least 45 degrees offset from front wall of living quarters with windows compatible to front elevation of house.

Covered front entry/porch five feet by 12 feet or larger with architectural treatments (i.e. railings, posts, etc.).

Main roofline to be at least 5:12 pitch.

Roof dormers on 5:12 or greater, pitched roof.

One and one-half story dwelling with dormers.

Two-foot overhang at ends of rafters/trusses and one-foot overhang on gables.

Minimum of three and one-half inches trim around all doors and windows.

Heavy textured dimensional roofing material.

Wood or masonry products on at least 25 percent of the walls and recessed areas of the front elevation.

Front of dwelling, not including garage or second floor, must be 25 percent glass.

Multi directional front facing rooflines.

Multiple contrasting shapes and/or materials.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 4-04, §§ 1—3, 5-17-2004; Ord. No. 2024-26, § 2, 1-6-25; Ord. No. 2025-12, § 1, 6-16-2025)

Sec. 38-70. - R-2 Two-Family Residential District.

The R-2 district is intended to provide a quiet, pleasant and relatively spacious living area for single-family, and two-family dwellings protected from traffic hazards and intrusion.

(1)

Permitted uses.

Uses permitted in the R-1 district.

Boardinghouses, up to four paying guests or boarders, including bed and breakfast establishments.

Existing multifamily dwellings.

(2)

Conditional uses.

Conditional uses permitted in the R-1 district.

Funeral homes.

Public hospitals and rest homes.

Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.

(3)

Lot, yard and building requirements.

Single-family dwellings. Same as for R-1 district.

Two-family dwellings.

Lot frontage minimum: 100 feet.

Lot area minimum: 10,000 square feet.

Principal building:

Front yard minimum: 25 feet.

Side yards minimum: ten feet.

Rear yard minimum: 25 feet.

Building height maximum: 35 feet.

Floor area minimum (per dwelling unit):

(i)

Dwellings existing on December 31, 1997: 960 square feet.

(ii)

Dwellings existing on effective date of March 1, 2004: 1,150 square feet.

(iii)

Dwellings constructed after March 1, 2004: 1,200 square feet.

Accessory building:

General.

(i)

Front yard minimum: 25 feet plus depth of principal building.

(ii)

Side yards minimum: five feet.

(iii)

Rear yard minimum: five feet.

Garage.

(i)

Maximum area: 700 square feet or 60 percent of the building area of the residence, whichever is greater.

(ii)

Minimum area: 240 square feet per dwelling unit.

(iii)

Every dwelling unit shall have a garage, which shall be completed before occupancy.

(iv)

Detached garages may not have living quarters above. Wall height shall not exceed ten feet, roof pitch cannot exceed the pitch of principal building.

(v)

Attached garages may have living quarters above. Total height of attached garages cannot exceed 35 feet.

(vi)

No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.

(vii)

Each dwelling unit shall not have more than one garage.

Garden shed.

(i)

Maximum area: 180 square feet.

(ii)

Building height maximum: 15 feet.

(iii)

Only one garden shed per dwelling unit.

(iv)

Sheds constructed exclusively from metal or plastic materials or constructed with a barn style roof are prohibited.

(v)

All sheds must be architecturally compatible with the exterior appearance of the main structure or building.

Off-street parking: minimum two spaces per unit.

(4)

Driveways and driveway curb cuts.

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Maximum quantity of one driveway per dwelling unit.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 2, 8-2-2004; Ord. No. 2022-01, § 1, 8-15-2022; Ord. No. 2024-26, § 3, 1-6-25)

Sec. 38-71. - R-3 Residential Condominium District.

The R-3 district is intended to provide a quiet, pleasant, and relatively spacious living area for condominium units, protected from traffic hazards and intrusion.

(1)

Permitted uses.

Condominium units and associated common open space.

(2)

Conditional uses.

Public parks, recreation areas, playgrounds and village centers.

Home occupations.

(3)

Lot, yard and building requirements.

Lot frontage minimum.

One hundred feet on an exterior street.

Non-corner lot after division for common wall building: 50 feet.

Corner lot after division for common wall building: 40 feet.

Lot area minimum.

Before building: 10,000 square feet.

Non-corner lot after division for common wall building: 5,000 square feet.

Corner lot after division for common wall building: 4,000 square feet.

Principal building.

Front yard minimum: 25 feet or less if approved by village board, or zero feet if common wall between units.

Side yards minimum: ten feet or zero feet if common wall between units.

Rear yard minimum: 25 feet or zero feet if common wall between units.

Building height maximum: 35 feet.

Floor area minimum (per dwelling unit):

Dwellings existing on December 31, 1997: 960 square feet.

Dwellings existing on the effective date of March 1, 2004: 1,150 square feet.

Dwellings constructed after March 1, 2004: 1,200 square feet.

(4)

Accessory building.

General.

Front yard minimum: 25 feet plus depth of principal building.

Side yards minimum: five feet.

Rear yard minimum: five feet.

Garages.

Maximum area: 700 square feet or 60 percent of the building area of the residence, whichever is greater.

Minimum area: 240 square feet per dwelling unit.

Every dwelling unit shall have a garage, which shall be completed before occupancy.

Detached garages may not have living quarters above. Wall height shall not exceed ten feet, roof pitch cannot exceed the pitch of principal building.

Attached garages may have living quarters above. Total height of attached garages cannot exceed 35 feet.

No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.

Each dwelling unit shall not have more than one garage.

Garden shed.

Maximum area: 180 square feet.

Building height maximum: 15 feet.

Only one garden shed per dwelling unit.

Sheds constructed exclusively from metal or plastic materials or constructed with a barn style roof are prohibited.

All sheds must be architecturally compatible with the exterior appearance of the main structure or building.

Off-street parking minimum. Two spaces per unit.

(5)

Driveways and driveway curb cuts.

All driveways must be hard surfaced and constructed within one year of occupancy.

The term "hard surfaced" shall be defined as concrete, asphalt or brick paving.

Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides.

Maximum quantity of one driveway per dwelling unit.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the plan commission. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter shall be allowed to provide access to the construction site.

(Ord. No. 2021-07, § 1, 8-5-2021; Ord. No. 2022-01, § 1, 8-15-2022; Ord. No. 2024-26, § 4, 1-6-25)

Editor's note— Ord. No. 2021-07, § 1, adopted August 5, 2021, repealed § 38-71 and enacted a new § 38-71 as set out above and later amended. Former § 38-71 pertained to the R-3 Zero Lot Line or Common Wall Single-Family Duplex Residential District and derived from Ord. No. 1-04, adopted March 1, 2004 and Ord. No. 6-04, adopted August 2, 2004.

Sec. 38-72. - R-4 Three-Family or Multifamily Residential District.

(a)

Permitted uses.

(1)

Uses permitted in the R-1, R-2 and R-3 districts.

(2)

Multifamily dwellings.

(3)

Boardinghouses, up to four paying guests or boarders, including bed and breakfast establishments.

(b)

Conditional uses. Conditional uses permitted in the R-1, R-2 and R-3 districts.

(c)

Lot, yard and building requirements.

(1)

Single-family dwellings. Same as for the R-1 district.

(2)

Two-family dwellings. Same as for R-2 district.

(3)

Two-family common wall dwellings. Same as for R-3 district.

(4)

Multifamily dwellings.

Lot frontage minimum: 120 feet.

Lot area minimum: 12,000 square feet.

Principal building:

Front yard minimum: 25 feet.

Side yards minimum: ten feet.

Rear yard minimum: 25 feet.

Building height maximum: 35 feet.

Number of stories maximum: two.

Floor area minimum (per dwelling unit):

(i)

Dwellings existing on December 31, 1997:

One bedroom unit: 600 square feet.

Two bedroom unit: 800 square feet.

Three bedroom unit: 1,000 square feet.

(ii)

Dwellings constructed after January 1, 1998:

One or two bedroom unit: 850 square feet.

Three bedroom unit: 1,150 square feet.

Accessory building:

General.

(i)

Front yard minimum: 25 feet, plus depth of principal building.

(ii)

Side yards minimum: five feet.

(iii)

Rear yard minimum: five feet.

Garages.

(i)

Maximum area: 700 square feet or 60 percent of the building area of the residence, whichever is greater.

(ii)

Minimum area: 240 square feet per dwelling unit.

(iii)

Every dwelling unit shall have a garage, which shall be completed before occupancy.

(iv)

Detached garages may not have living quarters above. Wall height shall not exceed ten feet, roof pitch cannot exceed the pitch of principal building.

(v)

Attached garages may have living quarters above. Total height of attached garages cannot exceed 35 feet.

(vi)

No garage shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.

(vii)

Each dwelling unit shall not have more than one garage.

Garden shed.

(i)

Maximum area: 180 square feet.

(ii)

Building height maximum: 15 feet.

(iii)

Only one garden shed per dwelling unit.

(iv)

Sheds constructed exclusively from metal or plastic materials or constructed with a barn style roof are prohibited.

(v)

All sheds must be architecturally compatible with the exterior appearance of the main structure or building.

Off-street parking minimum: two spaces per unit.

(d)

Driveways and driveway curb cuts.

(1)

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the architectural review board and approved by the planning commission.

(2)

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter or use of temporary planking shall be allowed to provide access to the construction site.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 3, 8-2-2004; Ord. No. 2022-01, § 1, 8-15-2022; Ord. No. 2024-26, § 5, 1-6-25)

Sec. 38-73. - R-6 Manufactured/Mobile Home Park and Subdivision District.

(a)

Permitted uses. Manufactured/mobile home parks.

(b)

Conditional uses. None.

(c)

Manufactured/mobile home park requirements.

(1)

Park requirements.

A minimum of five acres.

Forty-foot minimum setbacks on all sides.

A hard surface road no less than 24 feet wide serving all manufactured or mobile home spaces.

Electricity, cable television and public sewer and water servicing all manufactured or mobile home spaces.

A central hard surface parking lot with one parking space for each three manufactured or mobile home spaces.

A separate building providing laundry facilities.

An on-site manager's office.

(2)

Space requirements.

Space frontage: minimum 50 feet.

Space area: minimum 4,000 square feet.

Front yard: minimum 25 feet.

Side yards: minimum ten feet.

Rear yard: minimum 25 feet.

Off-street parking: two spaces per manufactured or mobile home.

(3)

Garages.

Maximum area: 576 square feet.

Minimum area: 240 square feet.

Every lot shall have a garage unit in the garage cluster, which shall be completed before occupancy.

Garages may not have living quarters above. Wall height shall not exceed ten feet, roof pitch cannot exceed the pitch of the principal buildings.

No garage cluster shall be constructed with exterior metal walls. However, metal siding is permitted, so long as each horizontal siding panel does not exceed a maximum width of 12 inches.

(4)

Garden shed.

Maximum area: 180 square feet.

Building height maximum: 15 feet.

Only one garden shed per lot.

Shed constructed exclusively from metal or plastic materials or constructed with a barn style roof are prohibited.

All sheds must be architecturally compatible with the exterior appearance of the main structure on the lot.

Rear yard setback: five feet.

(5)

Park license required. No person shall establish or operate upon property owned or controlled by him within the village a manufactured/mobile home park without having first secured a license therefor from the clerk-treasurer. The application for such a license shall be accompanied by a fee as provided in the village fee schedule for each space in the existing or proposed park. Such parks shall comply with Wis. Admin. Code ch. SPS 326, which is hereby adopted by reference. The license transfer fee is as provided in the village fee schedule.

(6)

Additions to parks. Licensees of manufactured/mobile home parks shall furnish information to the clerk-treasurer and assessor on such homes added to their parks within five days after their arrival on forms furnished by the clerk-treasurer.

(d)

Parking outside licensed manufactured/mobile home parks restricted. No occupied manufactured or mobile home shall be permitted to be located in the village unless the same is in a licensed manufactured/mobile home park, except those manufactured or mobile homes occupied outside of a manufactured/mobile home park on the effective date of the ordinance from which this section is derived; provided that this section is not intended to restrict the location of one- and two-family manufactured homes which meet the applicable one- and two-family standards set forth in Wis. Stats. ch. 101 and the requirements of this Code.

(e)

Parking permit fees. There is imposed on each manufactured or mobile home located in the village a parking permit fee, such amount to be determined in accordance with Wis. Stats. § 66.0435. The fees shall be paid to the clerk-treasurer, monthly, on or before the tenth day of the month for which they are due. It shall be full and complete responsibility of the licensee of a manufactured/mobile home park, and the owners of the land on which manufactured or mobile homes outside of manufactured/mobile home parks are located, to collect such fees from each manufactured or mobile home therein and to remit such fees to the clerk-treasurer. Failure to do so is to be treated like a default in payment of personal property taxes and subject to all procedures and penalties applicable under Wis. Stats. chs. 70 and 74.

(Code 1994, § 12.06; Ord. No. 1-04, § I, 3-1-2004; Ord. No. 2024-26, § 6, 1-6-25)

Sec. 38-74. - R-5 R-PUD Residential Planned Unit Development Districts.

(a)

Intent. The residential planned unit development (R-PUD) overlay district regulations are intended to permit flexibility and, consequently, encourage more creative and imaginative design for residential development of a site than under conventional zoning regulations while, at the same time, preserving the health, safety, order, convenience, prosperity and general welfare of the village. The planned development procedure requires a high degree of cooperation between the developer and the village. The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the village with assurances that the project will retain the overall quality and character of a planned residential development envisioned at the time of approval.

(b)

General provisions. The plan commission may recommend and the village board may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling types and compatible uses while encouraging maximum protection and preservation of natural resources and environmentally sensitive areas located within and impacted by such development.

(1)

Minimum R-PUD overlay district development area. The plan commission shall be the authority in establishing the required size of an R-PUD overlay district. Conditions to be considered by the plan commission in determining the minimum area required for R-PUD overlay district zoning may include, but are not limited to, the following:

Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features.

The land is adjacent to or across the street from property which has been developed as an R-PUD and is to be developed in relationship to such prior development.

The R-PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.

Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of an area as an R-PUD in order to give the design flexibility needed to deal with site constraints.

(2)

Permitted and accessory uses. Permitted and accessory uses in an R-PUD overlay district shall be the same as those permitted in the underlying existing zoning district in which an R-PUD is located. Ifa developer desires uses different than those permitted by the existing zoning, the developer shall simultaneously petition for rezoning of the underlying existing zoning to a zoning district which permits the desired uses.

(3)

Mixed uses. A mix of different residential uses within an R-PUD overlay district may be permitted if the plan commission and the village board determine that the mix of uses is compatible internally and with land uses in the abutting and surrounding neighborhood and necessary to achieve the objectives of the R-PUD overlay district.

(4)

Number of buildings on a lot. The R-PUD overlay district may permit more than one residential building on a lot.

(5)

Density. The R-PUD overlay district may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district.

(6)

Setbacks. Front yard setbacks shall comply with that of the underlying zoning district. Side and rear yard setbacks are to be determined by the plan commission after considering site specific areas.

(7)

Building requirements. The building regulations of the underlying zoning shall be applicable for all developers.

(8)

Temporary uses. Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted.

(9)

Buffers. The plan commission may require buffers between different and potentially incompatible land uses, buildings and structures. The use and integration of existing, natural features and vegetation as well as the installation of a variety of landscaping features shall be used as buffers and is strongly encouraged. The need for buffers in an R-PUD overlay district shall be determined by the plan commission at the time of site specific plan review.

(10)

Open space. The plan commission may require the development area of an R-PUD overlay district to contain up to 20 percent open space as determined by the plan commission on a site-specific basis. When deemed appropriate, the plan commission may also reduce density for open space purposes. For purposes of satisfying this requirement, the term "open space":

May include floodplain area and wetland area in certain instances if permitted by the plan commission.

May not include streets, driveways and front yard setback requirements.

Shall be established as part of the general development plan and described and identified as to size, location, use, improvements (if any) and maintenance responsibility.

(c)

Application procedure and required information.

(1)

Preliminary consultation. An applicant shall meet with the plan commission and appropriate village staff members for a preliminary consultation prior to formally submitting a rezoning petition for an R-PUD overlay district. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.

(2)

Rezoning petition and general development plan. The applicant shall submit a rezoning petition in accordance with the application procedure described in section 38-506. In addition to the required information noted in section 38-506, a general development plan shall be submitted to the plan commission and the village board for review 30 business days prior to any rezoning hearing. The general development plan and supporting information shall contain and/or address the following:

Plot plan of area proposed for development.

Proposed location of public utilities, public and private roads, driveways and parking facilities.

Size, arrangement and location of all proposed buildings.

Location of proposed open space areas, buffer yards and areas reserved or dedicated for public uses.

Perspective drawings and sketches illustrating the design and character of proposed structures.

Existing topography on-site with contours at no greater than two-foot intervals National Geodetic Vertical elevation.

A development phasing plan if development is to be developed in stages or phases.

(3)

Public inspection. The general development plan shall be available for public inspection prior to any rezoning hearing on the proposed project.

(4)

Public hearing. The plan commission shall hold a public hearing on the rezoning request and, following said public hearing, shall make a recommendation to the village board regarding approval/disapproval.

(5)

Rezoning approval/disapproval. The village board shall act on the recommendation of the plan commission regarding the rezoning petition at their next scheduled meeting.

(d)

Conditions and restrictions; preliminary plan approval.

(1)

The plan commission may recommend and the village board may adopt, by resolution, conditions and restrictions for R-PUD overlay districts that specify permitted uses and set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.

(2)

Conditions and restrictions adopted to govern development within a specific R-PUD overlay district may include, but not be limited to, nonstandard or nonuniform requirements, regulations and provisions recommended by the plan commission and approved by the village board. Such nonstandard requirements, regulations and provisions shall be designed to ensure proper development and appropriate operation and maintenance of specific developments on specific sites consistent with the intent of these regulations and commitments made by a developer at the time an R-PUD overlay district and general development plan are approved.

(e)

Detailed plans and information.

(1)

Submission of plans for final review. After the R-PUD zoning has been granted and the general development plan, together with conditions imposed by either the plan commission or the village board, has been approved, detailed site plans, architectural plans and utility plans shall be submitted to the plan commission for final review prior to the execution of a developer's agreement between the developer and the village board. Other related information required may include, but is not limited to, maintenance standards and plans of operation. The detailed plan and information shall conform substantially to the general development plan as approved.

(2)

Required information conforming to final plat specifications. Information to be included in the detailed plan shall conform to the following subsections of division 3, article II of chapter 32 where applicable:

General requirements. A final plat prepared by a registered land surveyor shall be required for all developments. It shall comply in all respects with the requirements of Wis. Stats. § 236.20.

Additional information. The plat shall show correctly on its face, in addition to the information required by Wis. Stats. § 236.20, the following:

Exact length and bearing of the centerline and center and centerline curves of all streets.

Exact street width along the right-of-way line of any obliquely intersecting street.

Railroad rights-of-way within and abutting the plat.

Setbacks or building lines, if required by the plan commission, in accordance with the guidelines set forth in article III of chapter 32.

Utility and/or drainage easements.

All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

A detailed landscaping plan.

Special restrictions required by the village board relating to access control along public ways and delineation of floodland limits.

Deed restrictions. The village board may require that deed restrictions imposed by the developer be filed with the final plat.

Plat restrictions. The village board may require that plat restrictions intended to reflect village plans and ordinances be placed on the face of the plat.

(f)

Review of detailed plan. The plan commission shall review the detailed plan and provide the developer with a list of changes and additional requirements as it deems appropriate. Upon reaching agreement with the developer, the plan commission shall forward its recommendation to the village board.

(g)

Architectural review. Building plans shall also be submitted to the architectural review board for their review and approval prior to the issuance of a building permit.

(h)

Commencement of project.

(1)

After the village board, upon recommendation of the plan commission, has approved the detailed site plans, construction of private and public amenities may commence in accordance with division 2, article IV of chapter 32.

(2)

No building permit for residences shall be issued until building plans have been approved by the architectural review board and all applicable fees and assessments required in subsection (m) of this section and section 32-15 have been paid and either all public and private construction has been completed and approved or a developer's agreement, including a letter of credit, has been approved by the village board. For staged development, such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.

(3)

After the village board, upon the recommendation of the plan commission, has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the village board. In the event the project is not so timely commenced, the approval of the village board shall be deemed to be automatically revoked and zoning will revert back to the classification it held prior to rezoning approval.

(i)

Recordation. The final plat or condominium declaration shall be recorded with the county register of deeds. Plats shall be recorded only after the certificates of the director of planning function in the state department of development, of the village board, of the surveyor and those certificates required by Wis. Stats. § 236.21, are placed on the face of the plat. The clerk-treasurer shall record the plat or condominium declaration within ten days of its approval by the village board. The developer shall, however, be responsible for payment of the recording fee.

(j)

Duplicate plat or condominium declaration and plat to be filed. An identical reproducible copy on stable drafting film at least four mils thick, along with the recording data, shall be placed on file with the director of public works.

(k)

Maintenance of project.

(1)

Should the owner of a planned development, homeowners' association or the condominium owners' association, in the event a condominium is created, fail to properly operate or maintain the premises according to the terms of this section or the developer's agreement, or to the extent that a nuisance is caused to occupants or neighbors, the plan commission may refuse to approve subsequent stages of the development until such time as they determine that the situation or the method of operation has been corrected. Failure to maintain the premises and/or satisfy any and all requirements contained in the approved plans, the R-PUD overlay district ordinance or developer's agreement shall constitute a violation of the city zoning regulations and be subject to the enforcement provisions set forth therein.

(2)

Should the owner of a planned development or condominium owners' or homeowners' association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the village shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.

(l)

Changes or revisions.

(1)

All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the plan commission for its review. The plan commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.

(2)

If the change is determined to be minor, the plan commission shall review the request and pass its findings to the village board, which may approve the change without a public hearing. The plan commission's decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the plan commission.

(3)

If the requested change is determined by the plan commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the plan commission to review and pass its findings to the village board for final approval.

(m)

Fees. The developer shall pay to the village all fees and all professional expenditures incurred by the village at the time specified.

(1)

General R-PUD plan review fee. The developer shall pay a fee as provided in the village fee schedule for each residential unit over 25 at the time the application is filed.

(2)

Detailed R-PUD plan review fee. The developer shall pay a fee as provided in the village fee schedule for each residential unit over 25 at the time the application is filed.

(3)

Professional fees. The developer shall reimburse the village for all engineering, planning and legal fees incurred by the village. The village shall bill the developer monthly and payment shall be made within ten days from date of billing.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 2024-26, § 7, 1-6-25)

Sec. 38-75. - Village living arrangements; family day care homes.

(a)

State laws adopted. The provisions of Wis. Stats. §§ 62.23(7)(i) and 66.1017 are hereby adopted and incorporated by reference.

(b)

Permitted uses; restrictions.

Village Living Arrangement (VLA); Family Day Care Homes	Districts Permitted	Statutory Restrictions
Foster family home (domicile licensed under Wis. Stats. § 48.62, up to 4 children	All residential districts	None
Other foster homes	All residential districts	Wis. Stats. § 62.23(7)(i)1. and 2
Adult family home (domicile, as defined in Wis. Stats. § 50.01(1), up to 4 adults, or more if all adults are siblings	All residential districts	None
Other adult family homes	All residential districts	Wis. Stats. § 62.23(7)(i)1 and 2
VLA, up to 8 persons	All residential districts	Wis. Stats. § 62.23(7)(i)1, 2 and 9
VLA, 9 to 15 persons	Multifamily districts	Wis. Stats. § 62.23(7)(i)1, 2 and 9
Family day care home licensed under Wis. Stats. § 48.65, up to 8 children	All one- and two-family districts and planned residential development districts	Wis. Stats. § 66.304

(c)

Conditional uses. All village living arrangements and family day care homes not permitted in subsection (b) of this section.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-96. - C-1 General Commercial District.

The C-1 district is intended to provide an area for the business and commercial needs of the village.

(1)

Permitted uses.

Post offices.

General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include the following:

Banks, commercial or professional offices and telephone offices.

Bed and breakfasts.

Places of amusement and theaters.

Personal service establishments.

Parking lots.

Existing one- and two-family and multifamily dwellings.

Uses customarily incident to any of the above uses.

(2)

Conditional uses.

Any other uses similar in character with the permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.

Apartments. See subsection (3) of this section.

Automobile and equipment service.

Any business with a drive-through.

Similar uses as determined by the planning commission.

(3)

Additional restrictions. Uses permitted in the C-1 district are subject to the following conditions:

Business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are now established.

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(4)

Development standards. Within the C-1 district, there shall be no minimum required standards or setbacks in order to provide flexibility in the redevelopment of the downtown area. However, no new or remodeled buildings may be constructed with metal exterior walls. Additionally, all new buildings shall be subject to the off-street parking and loading requirements of section 38-47.

(5)

Driveways and driveway curb cuts.

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the architectural review board and approved by the planning commission.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter or use of temporary planking shall be allowed to provide access to the construction site.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 3, 8-2-2004; Ord. No. 2024-25, § 1, 1-6-2025)

Sec. 38-97. - C-2 Highway Commercial District.

The C-2 district is established to provide for the establishment of principally motor vehicle-oriented or dependent commercial activities in nonresidential settings. Lot dimensional requirements are established to provide for the orderly grouping of commercial uses and for adequate off-street parking.

(1)

Permitted uses.

Automotive sales, servicing and repairs.

Cleaning, dyeing and pressing establishments.

Department stores and discount stores.

Drive-in banks and professional service offices.

Drive-in establishments serving food or non-alcoholic beverages.

Laundromats.

Hotels/motels.

Plumbing and heating shops.

Printing and related trades.

Recreational and entertainment establishments.

Shopping centers.

Supermarkets.

Veterinary, medical, dental and vision clinics.

(2)

Conditional uses.

Automotive sales and service.

Painting businesses.

Establishments serving alcohol.

Drive-in establishments serving food and beverages.

Gasoline and service stations.

Businesses with a drive-through.

Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

(3)

Lot, yard and building requirements. No new or remodeled buildings may have exterior walls covered with panelized metal. Aluminum siding shall not be greater than 12 inches in width.

Lot frontage: minimum 100 feet.

Lot area: minimum 20,000 square feet.

Front yard minimum: 25 feet, 50 feet, if parking is permitted.

Side yards: minimum 20 feet.

Rear yard: minimum 20 feet.

Front parking setback: 15 feet.

Building height: maximum 35 feet.

Number of stories: maximum two and one-half.

(4)

Off-street parking and loading requirements. See section 38-47.

(5)

Driveways and driveway curb cuts.

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the architectural review board and approved by the planning commission.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter or use of temporary planking shall be allowed to provide access to the construction site.

(6)

Front yard setbacks. All front yard setbacks shall be in green space, except for sidewalks and driveways. Grass seed or sod cover shall be applied to all yards (or green space) within one year of commencement of construction.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 5-04, § 1, 6-21-2004; Ord. No. 6-04, § 3, 8-2-2004; Ord. No. 2024-25, § 2, 1-6-2025)

Sec. 38-98. - C-3 Neighborhood Commercial District.

The C-3 district is established to provide for certain low traffic retail and customer service establishments.

(1)

Permitted uses.

Barbershops.

Beauty shops.

Dentist offices.

Doctor offices.

Gift or antique shops.

Insurance offices.

Jewelry stores.

Photography.

Professional offices.

Real estate offices.

Tailor or dressmaker shops.

(2)

Conditional uses. Any similar uses enumerated in subsection (1) of this section approved by the village board.

(3)

Lot, yard and building requirements.

Lot frontage: minimum 80 feet.

Lot area: minimum 12,500 square feet.

Front yard setback: minimum 25 feet.

Side yard setback: minimum 20 feet.

Back yard setback: minimum 20 feet.

Building height: maximum 35 feet.

Number of stories: maximum two and one-half.

Building square footage: minimum 1,500 square feet, maximum 50 percent of lot area.

Number of businesses per building: maximum four.

(4)

Off-street parking and loading requirements.

No parking permitted beyond the front-most extension of building. Parking permitted on sides or in the rear of building (opposite of street side) only.

Dust free, hard surface in parking lot shall be completed within six months of occupancy. Hard surface shall be defined as concrete, asphalt or brick paving.

Parking facilities shall meet all ordinances and requirements of the village.

(5)

Driveways and driveway curb cuts.

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the architectural review board and approved by the planning commission.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter or use of temporary planking shall be allowed to provide access to the construction site.

(6)

Green space.

Green space is an area dedicated to the planting of trees, shrubs and grass.

No less than 30 percent of the entire lot shall be in green space.

All front yard setbacks shall be in green space, except for sidewalks and driveways.

Grass seed or sod cover shall be applied to all yards within one year of commencement of construction.

(7)

Living quarters. Living quarters permitted for owner or manager of each business only. No rental units permitted in a C-3 district.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 3, 8-2-2004; Ord. No. 2024-20, § 1, 8-19-2024; Ord. No. 2024-25, § 3, 1-6-2025)

Sec. 38-99. - M-1 Limited Industrial and Business Park District.

The M-1 district is intended to provide for manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the village as a whole by reason of noise, dirt, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably ensure compatibility in this respect. Outdoor storage of raw materials or finished products is not allowed.

(1)

Permitted uses.

Distribution centers.

Blacksmithing, tinsmithing and sheet metal work.

Bottling plants.

Enameling and painting.

Knitting mills and the manufacture of products from finished fabrics.

Manufacture, fabrication, packing and packaging and assembly of products from furs, glass, leather (but not tanning of hides or manufacture of leather), metals, paper (but not the manufacture of paper or pulp), plaster, plastic (but not the manufacture of plastic), textiles and wood.

Manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food (except meat rendering plants, slaughtering and first processing of meat and fowl, first processing of fish, cabbage processing and the vining of peas.

Manufacture of furniture, home supplies and appliances, instruments, jewelry, office supplies, pharmaceuticals, sporting goods, tobacco products and toiletries.

Laboratories.

Warehousing.

Welding shops.

Wholesaling.

(2)

Conditional uses.

Storage and warehousing of fuel and materials, but not the storage of wrecked or dismantled vehicles and junk or the storage of explosives.

Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

Tower structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

(3)

Lot, yard and building requirements.

Lot frontage: minimum 100 feet.

Lot area: minimum one acre.

Front yard: minimum 40 feet.

Parking lot setback: minimum 15 feet.

(4)

Side yards:

Principal building: minimum 20 feet.

Accessory building: minimum 20 feet.

Rear yard: minimum 25 feet.

Building height: maximum 35 feet.

(5)

Off-street parking and loading requirements. See section 38-47.

(6)

Performance standards. See sec. 38-36.

(7)

Driveways and driveway curb cuts.

All driveways must be hard surfaced, and constructed within one year of occupancy. The term "hard surfaced" shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first five feet of driveway extending onto the property from a public roadway shall be constructed from concrete, shall be at least six inches thick and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the architectural review board and approved by the planning commission.

Plans for driveways and curb cuts shall be submitted as part of the plot plan for review by the architectural review board. Curb cuts shall be made prior to commencement of any construction. Curb cuts shall be saw cut or full replacement of curb shall be required. No mounding of dirt or gravel in the gutter or use of temporary planking shall be allowed to provide access to the construction site.

(8)

Refuse areas. All dumpsters and refuse areas shall be concealed by solid structures or fences within six months of any of the items listed below:

Installation of a new dumpster.

Renovation or permitting of property requiring architectural review board approval.

All installations of structures or fences shall abide by section 38-46 of this Code.

(Ord. No. 1-04, § I, 3-1-2004; Ord. No. 6-04, § 3, 8-2-2004; Ord. No. 2024-05, §§ 1, 2, 5-6-2024; Ord. No. 2025-15, § 1, 7-21-2025)

Sec. 38-100. - C-4 C-PUD Commercial Planned Unit Development District.

(a)

Intent. The Commercial Planned Unit Development (C-PUD) overlay district regulations are intended to permit flexibility, for commercial development of a site than under conventional zoning regulations while at the same time, preserving the health, safety, order, convenience, prosperity and general welfare of the village. The planned development procedure requires a high degree of cooperation between the developer and the village. The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the village with assurances that the project will retain the overall quality and character of a planned commercial development envisioned at the time of approval.

(b)

(1)

Minimum C-PUD overlay district development area. The plan commission shall be the authority in establishing the required size of an C-PUD overlay district. Conditions to be considered by the plan commission in determining the minimum area required for C-PUD overlay district zoning may include, but are not limited to, the following:

Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features.

The land is adjacent to or across the street from property which has been developed in a similar fashion and is to be developed in relationship to such prior development.

The C-PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.

Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of an area as a C-PUD in order to give the design flexibility needed to deal with site constraints.

(2)

Permitted and accessory uses. Permitted and accessory uses in a C-PUD overlay district shall be the same as those permitted in the underlying existing zoning district in which a C-PUD is located. If a developer desires uses different than those permitted by the existing zoning, the developer shall simultaneously petition for rezoning of the underlying existing zoning to a zoning district which permits the desired uses.

(3)

Mixed uses. A mix of different commercial uses within a C-PUD overlay district may be permitted if the plan commission and the village board determine that the mix of uses is compatible internally and with land uses in the abutting and surrounding neighborhood and necessary to achieve the objectives of the C-PUD overlay district.

(4)

Number of buildings on a lot. The C-PUD overlay district may permit more than one commercial building on a lot.

(5)

Density. The C-PUD overlay district may permit the transfer of density from one portion of the subject site to another and will permit the clustering of units in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district.

(6)

Setbacks. Front yard setbacks shall comply with that of the underlying zoning district. Side and rear yard setbacks are to be determined by the plan commission after considering site specific areas.

(7)

Building requirements. The building regulations are to be determined by the plan commission after considering site specific areas and surrounding used/building materials.

(8)

Temporary uses. Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted.

(9)

Buffers. The plan commission may require buffers between different and potentially incompatible land uses, buildings and structures. The use and integration of existing, natural features and vegetation as well as the installation of a variety of landscaping features shall be used as buffers and is strongly encouraged. The need for buffers in an C-PUD overlay district shall be determined by the plan commission at the time of site specific plan review.

(10)

Open space. The plan commission may require the development area of a C-PUD overlay district to contain up to 20 percent open space as determined by the plan commission on a site-specific basis. When deemed appropriate, the plan commission may also reduce density for open space purposes. For purposes of satisfying this requirement, the term "open space":

May include floodplain areas and wetland area in certain instances if permitted by the plan commission.

May not include streets, driveways and front yard setback requirements.

Shall be established as part of the general development plan and described and identified as to size, location, use, improvements (if any) and maintenance responsibility.

(c)

Application procedure and required information.

(1)

Preliminary consultation. An applicant shall meet with the plan commission and appropriate village staff members for a preliminary consultation prior to formally submitting a C-PUD overlay district petition for a C-PUD overlay district. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.

(2)

C-PUD overlay district petition and general development plan. The applicant shall submit a C-PUD overlay district petition in accordance with the application procedure described in section 38-506. In addition to the required information noted in section 38-506, a general development plan shall be submitted to the plan commission and the village board for review 15 business days prior to any C-PUD overlay district hearing. The general development plan and supporting information shall contain and/or address the following:

Plot plan of area proposed for development.

Proposed location of public utilities, public and private roads, driveways and parking facilities.

Size, arrangement and location of all proposed buildings.

Location of proposed open space areas, buffer yards and areas reserved or dedicated for public uses.

Perspective drawings and sketches illustrating the design and character of proposed structures.

Existing topography on-site with contours at no greater than two-foot intervals National Geodetic Vertical elevation.

A development phasing plan if development is to be developed in stages or phases.

(3)

Public inspection. The general development plan shall be available for public inspection prior to any C-PUD overlay district hearing on the proposed project.

(4)

Public hearing. The plan commission shall hold a public hearing on the C-PUD overlay district request and, following said public hearing, shall make a recommendation to the village board regarding approval/disapproval.

(5)

C-PUD overlay district approval/disapproval. The village board shall act on the recommendation of the plan commission regarding the rezoning petition at their next scheduled meeting.

(d)

Conditions and restrictions; preliminary plan approval.

(1)

The plan commission may recommend, and the village board may adopt, by resolution, conditions and restrictions for C-PUD overlay districts that specify permitted uses and set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.

(2)

Conditions and restrictions adopted to govern development within a specific C-PUD overlay district may include, but not be limited to, nonstandard or nonuniform requirements, regulations and provisions recommended by the plan commission and approved by the village board. Such nonstandard requirements, regulations and provisions shall be designed to ensure proper development and appropriate operation and maintenance of specific developments on specific sites consistent with the intent of these regulations and commitments made by a developer at the time a C-PUD overlay district and general development plan are approved.

(e)

Detailed plans and information.

(1)

Submission of plans for final review. After the C-PUD zoning has been granted and the general development plan, together with conditions imposed by either the plan commission or the village board, has been approved, detailed site plans, architectural plans and utility plans shall be submitted to the plan commission for final review prior to the execution of a developer's agreement between the developer and the village board. Other related information required may include, but is not limited to, maintenance standards and plans of operation. The detailed plan and information shall conform substantially to the general development plan as approved.

(2)

General requirements. A final plat prepared by a registered land surveyor shall be required for all developments. It shall comply in all respects with the requirements of Wis. Stats. § 236.20.

Additional information. The plat shall show correctly on its face, in addition to the information required by Wis. Stats. § 236.20, the following:

Exact length and bearing of the centerline and center and centerline curves of all streets.

Exact street width along the right-of-way line of any obliquely intersecting street.

Railroad rights-of-way within and abutting the plat.

Setbacks or building lines, if required by the plan commission, in accordance with the guidelines set forth in article III of chapter 32.

Utility and/or drainage easements.

All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

A detailed landscaping plan.

Special restrictions required by the village board relating to access control along public ways and delineation of floodland limits.

Deed restrictions. The village board may require that deed restrictions imposed by the developer be filed with the final plat.

Plat restrictions. The village board may require that plat restrictions intended to reflect village plans and ordinances be placed on the face of the plat.

(f)

(g)

Architectural review. The architectural review board and plan commission shall review the building plans and provide the developer with a list of changes and additional requirements as it deems appropriate. Upon reaching agreement with the developer, the plan commission shall forward its recommendation to the village board.

(1)

The plan commission has the authority to approve building plans as a package for the entire development, or review on an individual basis if the developer has not finalized future phase building plans.

(h)

Commencement of project.

(1)

(2)

No building permit for commercial shall be issued until building plans have been approved by the architectural review board and all applicable fees and assessments required in subsection (m) of this section and section 32-15 have been paid and either all public and private construction has been completed and approved or a developer's agreement, including a letter of credit, has been approved by the village board. For staged development, such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.

(3)

(i)

(j)

Duplicate plat or condominium declaration and plat to be filed An identical reproducible copy on stable drafting film at least four mils thick, along with the recording data, shall be placed on file with the director of public works.

(k)

Maintenance of project.

(1)

Should the owner of a planned development, the condominium owners' association, in the event a condominium is created, fail to properly operate or maintain the premises according to the terms of this section or the developer's agreement, or to the extent that a nuisance is caused to occupants or neighbors, the plan commission may refuse to approve subsequent stages of the development until such time as they determine that the situation or the method of operation has been corrected. Failure to maintain the premises and/or satisfy any and all requirements contained in the approved plans, the C-PUD overlay district ordinance or developer's agreement shall constitute a violation of the city zoning regulations and be subject to the enforcement provisions set forth therein.

(2)

Should the owner of a planned development or condominium owners' association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the village shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.

(l)

Changes or revisions.

(1)

(2)

(3)

(m)

Fees. The developer shall pay to the village all fees and all professional expenditures incurred by the village at the time specified.

(1)

General C-PUD plan review fee. The developer shall pay a fee as provided in the village fee schedule at the time the application is filed.

(2)

Detailed C-PUD plan review fee. The developer shall pay a fee as provided in the village fee schedule at the time the application is filed.

(3)

(Ord. No. 2023-13, § 1, 10-16-2023; Ord. No. 2023-15, § 1, 11-13-2023; Ord. No. 2024-25, § 4, 1-6-2025)

Sec. 38-127. - A Agricultural District.

The A Agricultural District provides exclusively for agricultural uses. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the village for premature provision of essential public improvements and services.

(1)

Permitted uses.

Churches, schools, parks and municipal buildings.

Farming.

In-season roadside stands for the sale of farm products produced on the premises.

Water storage; and sewage disposal plants and power stations, when surrounded by an eight-foot or more woven fence.

Nurseries, greenhouses and other agricultural uses.

Uses customarily incident to any of the above uses, including residential uses incident to any of the above uses.

(2)

Conditional uses.

Fur farms.

Kennels.

(3)

Lot, yard and building requirements.

Lot frontage: minimum 200 feet.

Lot area: minimum five acres.

Residence: yard and building requirements same as R-1 district.

(4)

Farm buildings:

Front yard: minimum 300 feet.

Side yards: minimum 300 feet.

Rear yard: minimum 300 feet.

Building height: maximum 50 feet.

(5)

Off-street parking and loading. No off-street parking and loading permitted.

(Ord. No. 1-04, § I, 3-1-2004)

Sec. 38-128. - CON Conservancy district.

The CON district is intended to preserve scenic and natural areas in the village and to prevent uncontrolled, uneconomical spread of residential development, and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.

(1)

Permitted uses.

Public parks and playgrounds.

Management of forestry, wildlife and fish.

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

Fishing and trapping.

Dams, power stations and transmission lines.

Upon written permission from the village board, based on the purposes of this division and on the recommendation of the plan commission following a public hearing, sewage disposal plants and water pumping or storage facilities, amusement parks, golf courses and driving ranges, and public camping grounds.

Uses customarily incident to any of the above uses.

(2)

Lot, yard and building requirements. None.