All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such buildings, uses or land shall be located.

200.1

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this ordinance and provided that construction begun within 30 days of such effective date and diligently prosecuted to completion (completion to be accomplished within six months of the adoption of this ordinance), said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of article IV, nonconforming buildings, structures, and uses.

200.2

Where the code official has issued a permitted use permit, a special use permit, or a permit for variation pursuant to the provisions of this ordinance, such permit shall become null and void unless work thereon is underway within three months of the date of issuance of the permit by the code official, and completed within 18 months of the issuance of such permit.

200.3

A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than three months for any reason.

200.4

Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this ordinance, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.

200.5

No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in a business or industrial district, or used for any purpose not permitted in a residence district.

200.6

No building or premises shall hereafter be used or occupied and no building or structure or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations of this zoning ordinance for the zoning district in which it is located; except that in a residential district a parcel of land which was a lot of record as of the effective date of this ordinance codified herein and for which a building permit could have been issued under the terms and conditions of the 1961 zoning ordinance, even though not meeting the requirements of the present zoning ordinance as to the area, width, and setbacks, may be used for single family dwellings, and such residential property may be improved, altered and remodeled, provided that it meets all other regulations of the residential district in which it is located.

All structures built hereafter shall comply with all of the regulations of this zoning ordinance. any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty shall be considered to be a structure built hereafter, unless article IV of this ordinance permits such a structure to be rebuilt or restored.

If the use of any existing structure is hereafter changed to another use, the new use shall comply with the use regulations of this ordinance.

If any structure is hereafter remodeled:

A.

The entire structure as remodeled shall comply with the use regulations of this ordinance;

B.

Any alterations or enlargements of, or additions to, the structure shall comply with bulk regulations of this ordinance; and

C.

The off-street parking facilities provided for the structure shall not be reduced below the requirements that would be applicable to a similar new structure or use.

The following public utility and municipal uses are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment (not including substations located on or above the surface of the ground) for the distribution to consumers of telephone or other communications, electricity, gas or water, or for the collection of sewage or surface water. All new subdivisions and planned use developments shall have underground utilities.

The base zoning districts are hereby established as described in articles V, VI, and VII.

The existing zoning uses, restrictions, divisions, and regulations listed in this ordinance are clearly shown on the official zoning map of the village, a copy of which is on file in the office of the code official of the village and is available for a fee of $5.00 to any person desiring a copy thereof. Said official zoning map, with all notations, references and other matters shown thereon, is hereby declared by this reference to be part of this ordinance.

It is the intent of this ordinance that the entire area of the village including all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way, be included in the districts established by this ordinance.

In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(A)

The district boundaries are the centerlines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

(B)

Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be to be the boundary of such district.

(C)

Where the district boundaries do not coincide with the location of streets, alleys, or lot lines, the district boundary shall be determined by the use of the scale shown on the official zoning map.

(D)

When a lot held in one ownership on the effective date of this entire lot shall be construed to be within the more restrictive district.

All streets, alleys, public ways, waterways, and railroad rights-of-way if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways, and railroad rights-of-way. Where the center line of the street, alley, public way, waterway, or rail-road right-of-way serves as a district boundary, the zoning of such areas, unless other-wise specifically designated, shall be deemed to be the same as that of the abutting property up to such boundary.

No structure shall hereafter be built, moved, or remodeled, and no structure or land shall hereafter be used, occupied, or designed for use or occupancy except for a use that is permitted within the zoning district in which the structure or land is located.

No use of structure or land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district unless a special use permit has been secured in accordance with the provisions of article III, section 310 of this ordinance.

Conformance with other ordinances:

(A)

Every building hereafter erected shall conform to the provisions of all ordinances of the village, in force at the time of construction.

(B)

Except as provided in article IV, any lots of record or subdivided tracts of land subject to the zoning ordinance, as amended, in effect at the date of adoption of this ordinance shall not be subject to yard limitations, bulk regulations, off-street parking and loading regulations, and any other regulations set forth in this ordinance, which shall create more onerous requirements for the use of such land than were provided for in the zoning ordinance, as amended, in effect on the date of the enactment of this ordinance, but instead to continue to be subject to the same regulations provided for in the zoning ordinance, as amended, in effect on the date of the enactment of this ordinance.

In this ordinance, bulk regulations are expressed in terms of maximum structure height, maximum lot coverage, maximum floor area ratio minimum front, corner side, side and rear yards. No structure or part thereof, shall hereafter be built moved, or remodeled, and no structure or land shall hereafter be used occupied, or designed for use or occupancy so as to:

(A)

Exceed the maximum lot coverage percentage, and maximum structure height or the maximum floor area ratio specified for the zoning district in which the structure is located; or

(B)

Provide any setback or front, corner side, side or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained.

No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted use already established on the effective date of this ordinance shall be altered, modified, or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning district in which such use is located.

No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with any performance standards imposed upon such use by this ordinance. No permitted use already established on the effective date of this ordinance, or any amendment thereto shall be altered, modified, or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning district in which such use is located.

Purpose and definition:

A.

Accessory uses are permitted in any zoning district in connection with any principal use, which is permitted within such district.

B.

Accessory structure: See article XVI, rules and definitions.

215.1

Permitted accessory uses: Any structure or use that complies with terms of section 215 may be allowed as an accessory structure or use.

Accessory structures and uses include, but are not limited to, the following list of examples, provided that in each case such structure must fit the general definition of "accessory use" contained in article XVI of this ordinance.

1.

Private garages or carports limited to one structure per zoning lot not to exceed the following capacity:

a.

For single family residences: Three cars not to exceed 676 square feet and a maximum of 26 feet on any side. The maximum height of the garage shall not exceed 15 feet or three-quarters of the height of the principal structure, whichever is the greater. Carports shall not exceed 200 square feet and a maximum width of ten feet.

b.

For multiple family residences: Two cars per dwelling unit not to exceed 576 square feet and a maximum of 24 feet on any side. The maximum height of the garage shall not exceed 15 feet or three-quarters of the height of the principal structure, whichever is the greater.

2.

A structure for storage, i.e., a shed, incidental to permitted use. Such a shed shall be limited to one per zoning lot and shall not exceed 150 square feet in area. The maximum height of the shed shall not exceed 15 feet or three-quarters of the height of the principal structure, whichever is the greater. A storage structure shall not require a permit if the gross floor area does not exceed 100 square feet and the structure is not supported by a permanent foundation.

3.

A child's playhouse provided the gross floor area shall not exceed 100 square feet. Such child's playhouse shall not require a permit.

4.

Private swimming pools and cabanas.

5.

Statuary, arbors, trellises, barbecue stoves, swings, gyms, flag poles, fences, walls and hedges shall not require a permit if they are not supported by permanent foundations.

6.

Signs when permitted by this ordinance, and other municipal ordinances.

7.

Off-street parking and loading spaces as regulated by article X of this ordinance.

8.

Storage of boats, boat trailers, camping trailers, and small house trailers, provided such storage area is located above the flood protection elevation and no camping or house trailer is used for temporary or permanent occupancy.

9.

Refuse storage enclosures.

10.

Decks supported by piers or continuous foundation. Combustible decks may be attached or connected to a principal structure or a class 4 accessory structure, but shall not be used to connect a principal structure to a class 4 accessory structure.

11.

Antennas and support structures with surface areas of ten square feet or less and not exceeding 12 feet in height, except as otherwise provided herein.

12.

Private free libraries.

a.

A building permit is required and must include a sketch of the proposed structure with dimensions and materials.

b.

Private free libraries must be within a permanently installed structure that meets the following:

1.

The overall height of the structure must not exceed six feet above grade.

2.

The bulk of the structure may not exceed more than three feet wide, three feet tall, and three feet deep.

c.

Private free library structures shall be constructed of durable, weatherproof materials and shall be maintained and kept in good condition and repair by the owner and/or occupant of the property on which it is located.

d.

Private free library structures shall not be located in a public right-of-way.

e.

Private free library structures shall be located on property zoned residential and containing a lawfully conforming and occupied principal residential structure and use. Only one private free library may be located on a property.

f.

Private free library structures shall be located only in the front yard or corner side yard of the property on which it is located. An indemnity agreement with the property owner shall be required if the structure is within five (5) feet of a front or corner side property line abutting a right-of-way to address public infrastructure work that may occur in the area.

g.

Private free library structures may be located by the Village of Round Lake Beach on facilities and properties owned by the Village of Round Lake Beach.

h.

Private free library structures shall not be placed in a sight triangle and shall not obstruct the vision of pedestrians, motorists, or bicyclists.

i.

Where a sidewalk is present, private free library structures shall be set back at least one foot from the sidewalk. No overhang is permitted within the one-foot setback.

j.

Drainage and snow removal shall not be impeded by the private free library structures.

k.

Private free library structures shall not be placed in an easement.

l.

Private free library structures shall not have electrical hookups.

m.

Private free library structures may have solar or battery power to provide lighting for the structure.

13.

Cannabis craft growers and cannabis infusers may be an accessory use to a cannabis dispensary notwithstanding the use limitations in the zoning district, but only where allowed by state law and approved with a cannabis dispensary's special use permit.

215.2

Accessory uses not permitted: None of the following shall be permitted as accessory uses:

1.

Outdoor storage or overnight parking of trucks with over a class "C" license requirement or buses designed for more than 11 passengers in any residence district.

2.

Any other outdoor storage, except as specifically permitted elsewhere in this ordinance.

3.

Cannabis business establishments, except as specifically permitted elsewhere in this ordinance.

215.3

Bulk regulations:

1.

Class 4 accessory structures and uses shall be set back at least five feet from the rear lot line or abutting any easement. Decks and pools attached to principal structures shall be setback at least five feet from the rear lot line and five feet from the side lot lines.

2.

No part of any class 4 accessory structure shall be located closer than ten feet to any principal structure or other class 4 accessory structure. Accessory structures (except fences) shall be set back at least five feet from the side lot line.

3.

Each accessory structure and use shall otherwise comply with the bulk regulations applicable in the district in which it is located.

215.4

Use limitations: Except as specifically permitted elsewhere in this ordinance, each accessory structure and use shall comply with the use limitations applicable in the zoning district in which it is located and in addition:

1.

No accessory structure shall be constructed or occupied on any lot prior to the completion of the principal structure to which it is an accessory.

2.

No accessory structure or use shall be permitted in any front yard except those class 3 structures listed under section 215.1, 5 and section 215.1, 6. No accessory structure or use shall be permitted in any corner side yard except those class 3 structures listed under section 215.1, 5 and section 215.1, 6. Decks shall be permitted in the front yard or corner side yard only if the principal structure does not have a rear exit.

(Ord. No. 01-06-02, 6-25-2001; Ord. No. 10-10-04, 10-25-2010; Ord. No. 16-03-08, 3-28-2016; Ord. No. 18-01-02, 1-8-2018; Ord. No. 19-12-02, 12-16-2019)

The following uses of land are permitted in each zoning district (unless specifically restricted to a particular zoning district) subject to the specific regulations and time limits, which follow, and to the other applicable of the district or districts in which it is located:

1.

Christmas tree sales in the business district for a period not to exceed 60 days. The display of Christmas trees need not comply with the yard requirements of this ordinance provided that no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.

2.

Contractors' offices and equipment sheds, provided however, that no such office or shed shall contain sleeping accommodations or cooking facilities, accessory to a construction project, to continue only during the duration of such project.

3.

Real estate offices, which facilities shall not be used for sleeping or cooking purposes until the premises shall cease to be used as a real estate office, incidental to a new housing development, to continue only until all dwelling units in the development have been first sold or leased, provided, however, that no such office shall contain sleeping accommodations or cooking facilities, unless located in a model dwelling unit.

4.

Seasonal sales of farm produce, grown on the premises in an E-R or R-1, for not more than four months per year. Structures incidental to such sales need not comply with the applicable front yard requirements if the structures are moved back of the required front yard line at the end of the season during which they are used.

A.

Purpose: It is the intent of this chapter to permit as home occupations in residential districts all uses that conform to the standards set forth herein. The standards for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, prevent intrusion on the rights of other residents of such districts, and to clearly establish such home occupations as secondary and incidental in relation to the residential use of the property.

B.

Performance standards: All home occupations must be conducted in compliance with the following standards and limitations:

1.

The primary use of the dwelling unit shall remain residential.

2.

The home occupations shall be clearly incidental and subordinate to the primary residential use of the dwelling. The home occupation shall be conducted entirely within the limits of the dwelling unit and/or accessory building(s), but no more than 30 percent of the total square footage of the dwelling unit (not to exceed 500 square feet) shall be used for non-residential purposes. In calculating the square footage being used for nonresidential purposes, all areas of the dwelling unit and accessory buildings, which are in any way used toward the operation or conduct for nonresidential purposes, shall be included.

3.

No more than one home occupation may be operated in the residence.

4.

The operator or operators of the home occupation shall make the dwelling unit within which the home occupation is conducted his legal and primary place of residence.

5.

No one may participate in or assist with the conduct or operation of a home occupation except:

(a)

Individuals who reside in the same residence as the operator of the home occupation.

(b)

One non-resident employee.

6.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation, except a sign or nameplate on the building not to exceed one square foot in area.

7.

Alterations shall not be made to the interior of the dwelling, which would render it, undesirable for residential use.

8.

Additions, enlargements or exterior alterations that change the residential appearance of the dwelling or lot shall not be permitted. Any proposed exterior changes shall be to all applicable village ordinances.

9.

No additional or separate exterior entrance that will cause a net increase in the number of entrances shall be constructed for the purpose of conducting the home occupation.

10.

Limited amounts of goods, commodities or stock in trade shall be received, retained, used or stored on or physically transferred from the premises, not requiring the use of motor vehicles larger than vans or similar sized trucks.

11.

Except as provided in section 14. below, no more than four individual clients, customers, patrons, or service or delivery men may occupy the premises simultaneously, except for a drop-off/pick-up period not to exceed 15 minutes. No vehicular traffic substantially greater than normal in the adjacent residential area is permitted.

12.

The use of electrical or mechanical equipment that would change the fire rating of the structure, create visible or audible interference in radio and television receivers or cause fluctuation in line voltage outside the dwelling unit is prohibited.

13.

No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties, and there shall be no perceptible noise, odor, smoke, vibrations or electrical interference emitted.

14.

No permitted home occupation shall be allowed at any time to offer goods for sale to the general public from the location of the home occupation except as provided for in item 11. above, or except as follows:

(a)

No more than two private sales may be conducted at each home occupation location in any calendar year not to exceed four consecutive calendar days each.

(b)

Notification of the sale shall be by personally addressed, private invitation. Sales shall not be offered to the general public. The use of general media advertising or by general distribution of sales information is prohibited.

(c)

"Garage sales" and "yard sales" shall not be considered a home occupation for the purposes of this ordinance and no products or sales of any permitted home occupation may be sold during a garage or yard sale at the residence in which the occupation is located.

15.

No outdoor storage of materials used in the home occupation shall be permitted.

16.

Home occupations, which require customer/patron presence for more than 15 minutes shall provide off-street parking for all customer(s)/patron(s).

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy, unless the minimum off-street parking and off street loading spaces required by article X of this ordinance are provided. No structure or use already established on the effective date of this ordinance shall be enlarged unless the minimum off-street parking and loading spaces, which would be required by article X for such enlargement, are provided.

Not more than one principal residential building shall be located on a single zoning lot, nor shall a principal residential building be located on the same zoning lot with any other principal building, unless such principal residential building is located in a planned development that has been approved pursuant to the provisions of this ordinance.

In business and industrial districts, any number of structures (except residential buildings) may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which such structure is located.

If a recorded subdivision plat imposes a building or setback line for a lot which is greater than the minimum front yard required by the applicable section of this ordinance, notwithstanding any other provision of this ordinance, the minimum front yard shall be the same as the minimum building line or setback line shown on such subdivision plat.

If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum front, side or rear yards that would otherwise be required for such zoning lot shall be provided and maintained unless some other provision of this ordinance requires or permits a different front, side or rear yard; provided, however, that front, side or rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open, public recreation areas.

No part of the lot area, or of a yard, or other open space or off-street parking or loading space provided in connection with any structure or use in order to comply with this ordinance shall, by reason of a change in ownership or otherwise, be included as a part of the minimum lot area of a yard, other open space, or off-street parking or loading space required for any other structure or use, except as specifically provided for by this ordinance.

The following shall not be considered obstructions when located in a required yard:

a.

In all yards: open terrace not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings or canopies; steps four feet or less above grade which are necessary for access to a permitted structure, or access to a lot from a street or alley; bay windows and overhanging eaves and gutters projecting 30 inches or less into the yard; class 3 accessory structures, and signs, when permitted by article IX.

b.

In any yard, except a front yard: accessory uses permitted by article II, section 216, class 1 and class 3 accessory structures (except decks).

c.

If any provision of this ordinance permits a fence, then such fence shall be a permitted obstruction within the meaning of this section.

All land, which may hereafter be annexed to the village shall automatically be classified in the estate residential (E-R) district. When land is automatically classified in the E-R District pursuant to this section, the annexation ordinance, upon passage, shall be referred to the planning and zoning commission, and the planning and zoning commission shall within 60 days after the effective date of the annexation ordinance, schedule and hold a public hearing with respect to the zoning classification of the annexed land, pursuant to article III of this ordinance. The planning and zoning commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit the same to the village president and village board of trustees.

(Ord. No. 01-04-01, 4-23-2001)

Not withstanding any other provision of this ordinance, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located except that such public service uses located on or above the surface of the ground shall observe the applicable minimum front, side and rear yard requirements:

a.

Electric and telephone sub-stations and distribution equipment.

b.

Gas regulator.

c.

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar equipment for the transmission of electricity, gas or water.

d.

Pumping stations.

e.

Radio, television and microwave transmission or relay stations, towers and antennae.

f.

Transformer stations.

g.

Water standpipes.

In addition, where electrical, telephone, water and sewer or other utility services require structures or facilities other than buildings located on or above the surface of the ground on easements through or abutting any lot in a residential district, said structures or facilities shall be prohibited from any required yard adjacent to a public street or from any dedicated street right-of-way.

All structures built hereafter must be served by and connected to a public sanitary sewer disposal system and water distribution system.

All requests for amendment to the zoning ordinance must be accompanied by a landscape plan prepared by a qualified expert. the code official may wave this requirement for lots of five acres or less.

The code official may allow land uses (permitted or special) which though not contained by name in a zoning district list of permitted or special uses, are deemed to be similar in nature and clearly compatible with the listed uses. However, such unlisted uses shall not be approved by the code official until the application for such use has been reviewed by the planning and zoning commission and approved by the village board of trustees.

All unlisted uses which are tentatively approved by the village board shall be added to the appropriate use list by ordinance at the time of periodic updating and revision.

(Ord. No. 01-04-01, 4-23-2001)

A.

Except as provided in section 224 of this article, a fence, wall, hedge, or shrubbery may be erected, placed, maintained, or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding the following height limitations:

Residential:

* A maximum height of 96 inches may be allowed in the rear yard of a conforming lot platted, improved, occupied and used for single-family residential dwelling purposes located adjacent to the south side of the Monaville Road right-of-way and between State Route 83 and the Wisconsin Central LTD Railroad right-of-way.

B.

No fence, wall, hedge, or shrubbery shall be erected, placed, maintained, or grown along a lot line on any non-residentially zoned property, adjacent to residentially zoned property to a height exceeding the following height limitations:

Business, commercial and industrial:

(Ord. No. 09-08-04, 8-24-2009)

No tent shall be erected, used, or maintained for living quarters.

Every outdoor swimming pool, whether above-ground or in-ground, shall conform to the regulations set forth in the applicable building code.