Boundaries of these districts are hereby established as shown on the map titled "Zoning Map, Village of Rothschild, Marathon County, Wisconsin," which accompanies this chapter and is herein made a part of this chapter, hereafter referred to as the "Zoning Map." Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, rivers or waterways, alleys, easements, and railroad rights-of-way or such lines extended; and boundaries otherwise noted on the Zoning Map.

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

Mobile homes and mobile home parks: No mobile home may be placed on any lot in the Village of Rothschild.

Waterfront setback. There shall be a minimum seventy-five-foot setback from the ordinary high-water mark to all buildings or accessory structures, such as sheds, parking structures, and fences. (See § 590-79A.)

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

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

Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Village of Rothschild or County of Marathon tax maps shall be construed as following such lines.

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

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

Zoning district boundaries shown as separated from any of the features listed in Subsections A through E above shall be construed to be at such distances therefrom as are shown on the Zoning Map.

Where any uncertainty exists as to the exact location of a Zoning District boundary line as shown on the Zoning Map, the location of the line shall be determined by the Building Inspector/Zoning Administrator or designated person.

R-1 permitted uses.

R-1 conditional uses.

R-1 lot size requirements.

R-1 yard requirements.

R-1 bulk limitations.

Principal buildings: front yard exceptions.

Principal buildings: rear yard exceptions.

Replacement garage.

Accessory buildings.

R-2 permitted uses.

R-2 conditional uses.

R-2 lot size requirements.

R-2 yard requirements.

R-2 bulk limitations.

Principal buildings: front yard exceptions.

Principal buildings: rear yard exceptions.

Replacement garage.

Accessory buildings.

R-3 permitted uses.

R-3 conditional uses.

R-3 lot size requirements.

R-3 yard requirements.

R-3 bulk limitations.

Principal buildings: front yard exceptions.

Principal buildings: rear yard exceptions.

Replacement garage.

Accessory buildings.

R-4 permitted uses.

R-4 conditional uses.

R-4 lot size requirements.

R-4 yard requirements.

R-4 bulk limitations.

Principal buildings: front yard exceptions.

Principal buildings: rear yard exceptions.

Replacement garage.

Accessory buildings.

R-5 permitted uses.

R-5 conditional uses.

R-5 lot size requirements.

R-5 yard requirements.

R-5 bulk limitations.

Replacement garage.

Accessory buildings.

R-6 permitted uses.

R-6 conditional uses.

R-6 lot size requirements.

R-6 yard requirements.

R-6 bulk limitations.

Replacement garage.

Accessory buildings.

R-R permitted uses.

R-R conditional uses.

R-R lot size requirements.

R-R yard requirements.

R-R bulk limitations.

Replacement garage.

Accessory buildings.

C-1 permitted uses.

C-1 conditional uses. All business retail or service establishments such as:

C-1 lot requirement: 5,000 square feet minimum.

C-1 yard requirements.

C-1 bulk limitation.

C-1U permitted uses.

C-1U conditional uses. All business, retail/residential or service establishments such as:

C-1U lot requirement:

C-1U yard requirements.

C-1U bulk limitation.

C-2 permitted uses.

C-2 conditional uses. All retail business or service establishments dealing directly with consumers that require outdoor display or storage, such as:

C-2 lot requirements.

C-2 yard requirements.

C-2 bulk limitation.

C-2U permitted uses.

C-2U conditional uses. All retail business or service establishments dealing directly with consumers that require outdoor display or storage, such as:

C-2U lot requirements.

C-2U yard requirements.

C-2U bulk limitation.

C-2U parking requirement exceptions. Subject to other setback and yard requirements of the district, parking stalls or driveways may be closer than 20 feet to a residential district lot line or a street right-of-way opposite a residential district.

C-2U parking lot landscaping exceptions.

C-2U other requirements.

C-3 permitted uses.

C-3 conditional uses.

C-3 lot requirements.

C-3 yard requirements.

C-3 bulk limitation.

C-3 exterior building materials. Exterior building facades shall be clad with a substantial building material such as brick or stone and shall be architecturally compatible with the surrounding development. Colors shall be unobtrusive and harmonious with the surrounding development and should generally be earth-tone colors.

I-1 permitted uses. I-1 District uses are those which are protected from potential nuisances associated with many of the permitted uses within the I-2 Heavy Industrial District. The following manufacturing uses, and other similar uses, are permitted in the I-1 District:

I-1 restricted uses in the I-1 District.

I-1 conditional uses.

I-1 lot size requirements.

I-1. yard requirements.

I-1 transitional yards.

I-1 bulk limitation.

I-2 permitted uses.

I-2 restricted uses in the I-2 District.

I-2 conditional uses.

I-2 lot size requirements.

I-2 yard requirements.

Transitional yards.

I-2 bulk limitation.

I-2 area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas, shall cover not more than 90% of the lot area.

G/I permitted uses.

G/I conditional uses.

G/I lot size requirements. Minimum lot area shall be 1,500 square feet with a minimum width of 100 feet.

G/I yard requirements.

G/I bulk limitations.

P-1 permitted uses.

P-1 conditional uses.

P-1 prohibited uses.

P-1 height and area. Lots in the Parkland and Conservancy District shall provide sufficient area for any principal structure or accessory structures as well as necessary off-street parking and loading areas.

P-1 building height and size. No building or parts of a building shall exceed 35 feet in height.

P-1 setback and yards. No building or structure shall be erected, altered, or moved closer than 40 feet to the right-of-way.

P-1 minimum utility service. Electricity, wastewater treatment and disposal facilities, and water supply system shall be installed as required by the Wisconsin Administrative Code, Wisconsin Department of Natural Resources and/or the Marathon County Health Department.

P-1 special regulations.

Residential or commercial planned unit developments may be permitted in appropriate districts as a conditional use after review and recommendation of the Planning and Zoning Commission and approval by the Village Board.

See Appendix H for the PUD Neighborhood Master Plan existing at the time of the writing of this chapter.[2]

Noncommercial/residential planned unit development. When special or unique circumstances make a planned unit development appropriate and the particular zone permits planned unit developments, a planned unit development may be permitted for other than residential or commercial development. The same procedure used for commercial and/or residential planned development applications and approval shall be used.

Purpose, authority and application.

Definitions.

Groundwater Protection Overlay Districts. The locations and boundaries of the districts established by this section are outlined and described as the "wellhead protection areas" by the Village's wellhead protection plan adopted by reference in Subsection A(3) above.

Separation distances. Section NR 811.12(5), Wis. Adm. Code, is incorporated into this section by reference and as from time to time amended as if fully set forth herein. The separation distances specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained in all areas of the Groundwater Protection Overlay Districts.

Administration of conditional use permits. The Village shall permit conditional uses in the Groundwater Protection Overlay Districts subject to the following:

Conditions. The Village may require conditions and restrictions, including but not limited to the following:

Transfers of interest in property. Conditional use permits issued under this section are nontransferable including to successor owners of the property subject to the permit without the express written consent of the Village. The Village may set conditions and restrictions on any transfer, including but not limited to a requirement that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, as were required of the former owner. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner or successor to an interest in the real property shall apply to the Village within 60 days for permission to continue the use granted by the conditional use permit.

Payment of costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application process. The conditional use permit will become effective only after any costs incurred by the Village during the conditional use application process are paid by the applicant. Those costs may include:

Village inaction. If within 90 days of the delivery of the application to the Village the applicant has not received either a response or an extension in writing from the Village Board, then the application shall be deemed denied.

Prior existing legal nonconforming uses. Nonconforming uses lawfully in existence within the Groundwater Protection Overlay Districts as of the adoption of this section may continue to exist in the form and scope in which they existed at that time subject to the following provisions:

No acceptance of liability by Village. Nothing in this section shall be construed to imply that the Village has accepted any of an owner's or operator's liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer.

Enforcement and penalties.

Intent. The Village has historically not permitted nonmetallic mining areas in the Village. Growth of the Village has brought in properties that are or had been used for nonmetallic mining. So that such uses would not be uncontrolled the Village created Chapter 388, Mining, Nonmetallic, of the Village Code licensing nonmetallic mining and site reclamation for regulating and, more importantly, encouraging and mandating reclamation of these sites. However, nonmetallic mine site reclamation was heretofore not an explicitly permitted use in the Village or the towns from which annexations occurred. This section is intended to create a district in which mining reclamation can be permitted in accordance with Chapter 388 of this Code.

Permitted uses subject to licensing pursuant to Chapter 388 of this Code.

Definitions. The terms "nonmetallic mining," "nonmetallic mining operation," "nonmetallic mining site," "site" and "reclamation" shall have the meaning assigned them in § 66.038(1), Wis. Stats.[1]

Supremacy. If any ordinance is in conflict with this section, the provisions of this section shall control and supersede the conflicting ordinance.

Definitions. For purposes of this section, the following terms shall have the meanings indicated:

A community living arrangement may not be located within 2,500 feet of another community living arrangement.

When the total capacity of all community living arrangements in the Village reaches 25 persons or 1% of the Village's population, whichever is greater, the Village hereby prohibits any additional community living arrangements from locating in the Village.

A foster home that is the primary domicile of a foster parent and that is licensed under § 48.62, Wis. Stats., or an adult family home certified under § 50.032(1m)(b), Wis. Stats., shall be a permitted use in all residential areas and is not subject to Subsections Band C above. However, foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall still be subject to Subsections B and C above.

No adult family home described in § 50.01(1)(b), Wis. Stats., may be established within 2,500 feet of any other adult family home described in § 50.01(1)(b), Wis. Stats., or any community living arrangement.

In all cases where the community living arrangement has capacity for eight or fewer persons being served by the program, meets the criteria listed in Subsections B arid C above, and is licensed, operated, or permitted under the authority of the Wisconsin: Departments of Health Services or Children and Families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in Subsection I below.

In all cases where the community living arrangement has capacity for nine to 15 persons being served by the program, meets the criteria listed in Subsections B and C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or two-family residences except as provided in Subsection I below, but is entitled to apply for special zoning permission to locate in those areas. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in Subsections B and C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

Not less than 11 months nor more than 13 months after the first licensure of an adult family home under § 50.033, Wis. Stats., or of a community living arrangement and every year thereafter, the Village Board may make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the Village. The determination shall be made according to the procedures provided under Subsection 1(2) below. If the Village Board determines that the existence in the Village of a licensed adult family home or a community living arrangement poses a threat to the health, safety or welfare of the residents of the Village, the Village Board may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under § 68.13, Wis. Stats., except that a free copy of the transcript may not be provided to the adult family home or community living arrangement. The adult family home or community living arrangement must cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.

Community and other living arrangements in the Village shall be regulated as follows:

Purpose and intent.

Businesses restricted.

Zoning restrictions.

Separation requirements. Distances shall be measured in a straight line from the nearest property line of the specially regulated business to the nearest property line of the restricted use.

Building and site requirements.