The proper regulation of the use of certain structures, lands and waters only through the use of the zoning districts contained within this chapter is neither feasible nor adequate. Therefore, the following regulations, which shall be applied in addition to the district regulations, are necessary to accomplish the intent of this chapter.

No structure, land, water or air shall hereafter be used or developed and no structure or part thereof shall hereafter be located, erected, moved, placed, reconstructed, extended, enlarged, converted, demolished or structurally altered without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

Only the following uses, structures and their essential services shall be allowed in any district:

Customary home occupations and professional home offices may be established in a dwelling only in those districts which provide for such home occupations and professions. In such districts, the following requirements shall apply, in addition to all other applicable requirements of this chapter for the districts in which such uses are located:

All structures shall be located on a lot and, except as otherwise provided in this chapter, in the A-1, A-2, A-4, R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8 and C-2 Districts only one principal structure shall be located, erected or moved onto a lot. The number, size and type of accessory structures shall be governed as specified in each district and Article 19 of this chapter. All lots shall abut upon a public street, easement of record or other officially approved means of access, and no zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

On-site wastewater treatment systems shall be located on land with soils suitable for the use of an on-site soil absorption sewage disposal system, and the area of all such lots shall not be less than 40,000 square feet per dwelling unit to be constructed on the lot. Such on-site soil absorption sewage disposal systems shall be designed in accordance with all state and local laws, regulations and ordinances. On-site sewage disposal absorption systems shall be located on the same parcel of land as the building or buildings which are serviced by it.

All lots abutting culs-de-sac and curves may reduce the frontage on a public street or other officially approved means of access as outlined in each district only.

No waste material, such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other materials of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters, shall be so located, stored or discharged in a way that would be likely to run off, seep or wash into surface waters or groundwater. Nor shall any such material be allowed to accumulate on any lot of record so as to be unsightly or dangerous or so as to constitute a nuisance. No gasoline storage tanks shall be permitted in a residential district, and no more than two cords of firewood may be stored on any parcel located in the R-2 through R-12 Districts.

The use of holding tanks shall be regulated by the Kenosha County Sanitary Ordinance. In the case of conflict between this chapter and the Sanitary Ordinance, the Sanitary Ordinance shall control.

No lot, yard, parking area, building area, sanitary sewage disposal area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, sanitary sewage disposal area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use.

Lots which abut upon more restrictive districts shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard in the less restrictive district shall be modified for a distance of not more than 75 feet from the district boundary line so as to equal the average of the street yards required in each district.

Backlot development or lake lot pyramiding on Kenosha County lakes is prohibited. Lots abutting a lake which is zoned for single-family residential development shall be used on a continuing basis for only one family. The purchase of a single lot or outlot abutting a lake shall not be used as access for subdivisions and other developments located away from the lake.

The minimum yard setback requirements in basic zoning districts and overlay districts shall be as follows:

The purpose of this article is to indicate the minimum requirements for the landscaping of new development and redevelopment of any multifamily residential, business, manufacturing, and institutional district, except for development requiring the platting process, in which case the landscaping plan shall be included with the submittal of all preliminary plats to be approved during the platting process by the Planning and Development Department. For purposes of this article, the term "redevelopment" means demolition and replacement of or rehabilitation and reconstruction of substandard and insanitary buildings and other improvements, such as parking areas and roadways, resulting from inadequate planning, excessive land coverage, lack of adequate open space, defective design and arrangement of buildings, lack of proper sanitary facilities, and the existence of buildings which, by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration, no longer have economic value.

Every attempt shall be made by the developer/applicant to preserve existing trees with a diameter at breast height (dbh) of at least five inches and significant trees which are to be counted towards minimum requirements. Significant trees are any tree or grouping of trees which has been determined to be of high value by the Planning and Development Administrator because of its size (24 inches or greater dbh), age, historic significance or other professional criteria. When it is necessary to remove significant trees, the developer shall replace twenty-four-inch caliper or larger deciduous trees with six three-inch-caliper deciduous trees. Conifers 24 inches in caliper or larger may be replaced with two ten-foot-tall conifers or three six-foot to eight-foot-tall coniferous trees. Existing trees to be saved during construction shall have a protective fence placed around the tree at the dripline.

On unique site or sites with unique design opportunities or properties located within the Village Center Overlay District, hard landscaping features (such as sculptures or statues, walls, foundations, benches, scenic viewpoints, scenic walkways) may be incorporated into a landscape in lieu of plantings, subject to review by the Planning and Development Administrator. Landscaping provided by hardscaping shall not preclude the need to provide plantings in other areas of the development.

All lots shall provide a minimum amount of landscaping provided on the basis of open yard area, which shall provide a combination of deciduous, evergreen, and ornamental trees and shrubs. Landscaping for open yard area is intended to provide yard shade and to screen detached exterior appurtenances such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes. Landscaping for this purpose is most effective if located away from buildings. Landscaping for open yard area shall be:

All lots shall provide a minimum amount of landscaping for building foundations, which shall provide a combination of ornamental trees and shrubs. Landscaping required for building foundations shall be placed so that, at maturity, the plants' dripline is located within 10 feet of the building's foundation. Larger trees shall not be used to meet this requirement. The intent is to provide a visual break in the mass of buildings and to provide a visual screen for all appurtenances such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes extending from the building. Landscaping for building foundations shall be:

All lots shall provide a minimum of landscaping in those areas that abut the right-of-way of a public highway, street or road to visually soften the appearance of development, which shall provide a combination of deciduous, evergreen and ornamental trees and shrubs. Street yard landscaping shall not, however, impede vehicle or pedestrian visibility and shall comply with the traffic visibility (vision triangle) requirements of § 490-11.1. Shrubs shall not be used to meet this requirement.

All parking areas shall provide a minimum of landscaping around the perimeter, which shall provide a combination of deciduous, evergreen and ornamental trees and shrubs. All landscaped areas located adjacent to a parking lot shall be separated from the paved area by a continuous minimum four-inch curb which is constructed of concrete. The use of berms shall constitute over 75% of the parking areas abutting a right-of-way. The berm shall be designed to be meandering and undulating with a minimum height of four feet with slopes no greater than 4:1. Landscaping for parking lot perimeters shall be:

The landscaping plan shall be included with the submittal of all preliminary plats to be approved during the platting process.

Notwithstanding any provision of this Article 9 to the contrary, the Zoning Administrator and Director of Public Works, acting jointly, may authorize exceptions to the landscaping requirements of this Article 9 in business, manufacturing and institutional districts if they determine that the strict implementation of the landscaping requirements is impractical due to the size, configuration or other characteristics of the lot. When considering a proposed exception to the requirements of this article, the Zoning Administrator and Director of Public Works shall consider the use and proximity of neighboring structures; the value of landscaping features as a noise and light buffer; and the size and configuration of the lot. Under no circumstances shall the Zoning Administrator and Director of Public Works authorize exceptions which reduce the overall landscaping requirements below 50% of the requirements of this article.

Articles 24 through 30 of this chapter permit specific uses in specific districts. It is the intent of the Village of Salem Lakes Board that the following performance standards designed to limit, restrict and prohibit the effects of those uses outside of their premises or district be imposed upon all parcels falling within the jurisdiction of this chapter so as to protect the quality of the environment and the safety and health of the citizens of the Village of Salem Lakes and to alleviate and, where possible, eliminate nuisances. It is the further intent of the Village of Salem Lakes Board that all structures, lands, air and waters shall hereafter, in addition to their use, site, shoreland and sanitary regulations, comply with the following performance standards, and all applicable standards set forth by the Wisconsin Department of Safety and Professional Services, Wisconsin Department of Natural Resources, and the Wisconsin Administrative Code.

No activity shall emit any fly ash, dust, fumes, vapors, smoke, mists or gases in such quantities as to cause soiling or danger to the health of person, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas nor any color visible smoke equal to or darker than number two on the Ringelmann Chart described in Chapters NR 431 and NR 439, Wis. Adm. Code, and amendments thereto.

No activity shall emit electrical, radioactive or other disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable federal and state regulations shall be complied with.

All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be conducted in accordance with NFPA 495, Explosive Materials Code, 2013, as modified by § SPS 307.21, Wis. Adm. Code.

No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. 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.

Except in the A-1, A-2 and A-4 Districts, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises. The guide for determining odor measurement and control shall be Ch. NR 429, Wis. Adm. Code, and amendments thereto.

In addition to any other applicable use, site or sanitary regulation, the following organic and sandy soils listed below and any other soils having an erosion factor of three shall not be used for crop production or grazing unless such lands make use of contour cropping practices or strip cropping practices or crop terraces:

In addition to any other applicable use, site or sanitary regulation, the following restrictions or regulations shall apply to the following soils as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the Planning and Development Administrator.

In addition to any other applicable use, site, shoreland or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of 12% or greater (see Illustration No. 1)[1] as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the Planning and Development Administrator:

No activity in any district except the M-1, M-2 and M-3 Districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1, M-2 or M-3 District shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

See Article 45, Floodplain Zoning Regulations.

The requirements of this section apply to all private exterior lighting within the business, manufacturing, institutional and park-recreational districts.

In all districts and in connection with every use, 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:

All driveways installed, altered, changed, replaced or extended after the effective date of this chapter shall meet the following requirements:

Notwithstanding any provision of this Article 11 to the contrary, the Zoning Administrator and Director of Public Works, acting jointly, may authorize exceptions to the access and parking setback requirements of this Article 11 in business, manufacturing and institutional districts if they determine that the strict implementation of the access or parking setback requirements is impractical due to the size, configuration or other characteristics of the lot. When considering a proposed exception to the requirements of this article, the Zoning Administrator and Director of Public Works shall consider the use and proximity of neighboring structures; the use of fencing or landscaping features as a noise and light buffer; preservation of sight lines to promote safe and efficient traffic flow; the nature of traffic which will require access; and the size and configuration of the lot. Under no circumstances shall the Zoning Administrator and Director of Public Works authorize exceptions which reduce any parking setback below 25% of the requirements of this article.

The purpose of this article is to provide for and regulate the type, construction, image, maintenance and placement of signs in a manner that will ensure that such signs are compatible with surrounding land uses, are aesthetic in design and structure, and express the identity of individual proprietors and the community as a whole. It is the further intent by these regulations to avoid depreciation of property values through indiscriminate location and design of signs, to lessen threats to public safety from poorly constructed and maintained signs, to protect against hazards to vehicular traffic movement through improper placement of signs and to clarify the rights and duties of owners and users of nonconforming signs.

The following types of signs shall be permitted in all districts without a zoning permit, located on the premises upon the following conditions:

Except as provided in §§ 490-12.3 and 490-12.4, the following signs shall be permitted in all districts with a permit:

Except as provided in §§ 490-12.3 and 490-12.4, the following signs are permitted only in the residential districts with a permit and only on the premises and subject to the following regulations:

Except as provided in §§ 490-12.3 and 490-12.4, the following signs are permitted only in the business, manufacturing, institutional, and park-recreational districts with a permit and only on the premises and subject to the following regulations:

Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued or refaced, as defined in this chapter, although the use, size or location does not conform to the provisions of this chapter. However, it shall be deemed a nonconforming use or structure and the provisions of § 490-32.7 or 490-32.8 shall apply, as applicable.

No fence, except those fences provided for in § 490-13.2, shall hereinafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without being in conformity with the provisions of this chapter, and state statutes and the Wisconsin Administrative Code. The fence shall also meet all the structural requirements of local and state codes. All fences shall be constructed in a manner that the finished side of the fence faces the neighboring property.

The following fences are permitted as specified without a zoning permit, subject to the following restrictions and provided that said fence does not in any way interfere with traffic visibility:

It shall be unlawful to construct, install, enlarge or alter any swimming pool, as defined in this chapter, in the Village, except in compliance with all of the provisions of this article.

Swimming pools may be installed in all districts, except the C-1 Lowland Resource Conservancy District, or on any parcel on which an adult establishment is located.

Swimming pools and spas shall only be installed in the rear yard of a premises. In the case of a double frontage lot, swimming pools and spas may be installed in the secondary street yard of the premises so long as the required minimum street yard setback is maintained. No portion of a swimming pool or spa outside a building, including a surrounding deck and fence, pumps, filters, and related pool equipment, shall be located at a distance of less than 10 feet from any side or rear property line. No portion of a swimming pool outside a building, exclusive of any surrounding deck and fence, pumps, filters, and related pool equipment, shall be located at a distance of less than 10 feet from any principal structure, exclusive any attached deck. Notwithstanding the foregoing, a spa outside a building, exclusive of any surrounding deck and fence, pumps, filters, and related pool equipment, may be located at a distance of not less than five feet from any principal structure, exclusive any attached deck. No swimming pool or spa shall be located at a distance of less than eight feet from an entrance to any structure intended for human habitation. Such pool shall also comply with any and all state or local regulations with respect to the distances from an on-site sewage disposal absorption system and private well.

Such pool may be constructed; provided, however, it does not occupy more than 40% of the usable area of the rear yard excluding all garages or other accessory structures located in such area.

No swimming pool shall be installed or maintained unless:

No lighting may be installed in connection with the pool which shall throw any rays beyond such property lines.

No water drained from a pool shall be discharged over or near any septic tank, septic field or well.

All applicable use, site or sanitary restrictions and regulations shall apply to shorelands in addition to those listed below.

All structures, except navigational aids, piers, boat-launching facilities and boathouses, and steps and stairs located above the ordinary high-water mark and necessary for access to the shoreline, shall not be closer than the shore yard distance as specified in each district of this chapter. See § 490-31.2 for more information.

Surface water withdrawal, diversion or discharge for irrigation, processing, cooling or other purposes requires a permit in accordance with § 490-15.9 of this chapter.

Crop production on lands with an erosion factor of three or more is prohibited, and such lands shall be planted to permanent vegetation.

The use of any parcel of land located within the Village's designated shoreland-floodplain area shall be conducted in accordance with the provisions of Ch. NR 115, Wis. Adm. Code, Wisconsin's Shoreland Protection Program, and in the case of conflict between this chapter and the Wisconsin Administrative Code (Chapter NR 115), the provision with the greater restriction shall apply.

Notwithstanding the other requirements set forth in this article, the Planning and Development Administrator may issue a stipulated shoreland permit for those uses listed in §§ 490-15.2 and 490-15.6 without requiring a conditional use permit, provided that the use shall not be susceptible to flooding, concentrated runoff, inadequate drainage, adverse soil and topographic conditions or any other features likely to be harmful to the environment or the public interest. The Planning and Development Administrator shall not issue the stipulated shoreland permit until the applicant agrees to the stipulations and such stipulated shoreland permit is filed and recorded in the office of the Register of Deeds. The Planning and Development Administrator shall notify the Wisconsin Department of Natural Resources of the issuance of all stipulated shoreland permits.

All definitions contained in § 66.0404(1), Wis. Stats., as amended from time to time, are hereby incorporated by reference.

The following shall be exempt from the requirements to obtain a zoning permit, unless otherwise noted.

Siting and construction of any new mobile service support structure and facilities and Class 1 co-location:

All mobile service facilities and mobile service support structures, except exempt facilities as defined in § 490-16.3, shall be designed as follows:

The Department does not warrant any mobile service support structure against design or structural failure. The Department does not certify that the design is adequate for any tower, and the Department hereby accepts no liability through the issuance of a zoning permit.

Zoning permits granted under this article go with the land and are transferable. Zoning permits granted under this article are not limited in duration. All article and zoning permit requirements shall apply to subsequent owners. The Department shall be notified of any change in ownership, including but not limited to facility leases, mortgages, liens or other instruments which may affect title to the property.

All definitions contained in § 66.0401, Wis. Stats., and Ch. PSC 128, Wis. Adm. Code, as amended from time to time, are hereby incorporated by reference.

A small wind energy system must comply with the National Electrical Code and all applicable state construction and electrical codes. The owner must provide certification from a state-licensed inspector showing that the small wind energy system complies with all applicable codes before placing the small wind energy system into operation.

All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be located underground.

All ground-mounted electrical and control equipment must be labeled and secure to prevent unauthorized access.

An owner shall provide the Village with notice of any change in ownership of the small wind energy system on or before the effective date of the change.

An owner shall submit a copy of all necessary state and federal permits and approvals to the Department.

A small wind energy system that connects to the electric utility must comply with Ch. PSC 119, Rules for Interconnecting Distributed Generation Facilities, Wis. Adm. Code.

All definitions contained in § 66.0401, Wis. Stats., and Ch. PSC 128, Wis. Adm. Code, as amended from time to time, are hereby incorporated by reference.

An owner shall offer an agreement that includes monetary compensation to a farm operator farming on a nonparticipating property located within 1/2 mile of a constructed wind turbine if the farm operator demonstrates all of the following:

An owner shall, on or before January 31 of each year, file an annual report with the Department documenting the operation and maintenance of the wind energy system during the previous calendar year.

An owner shall use shielding or control systems approved by the Federal Aviation Administration to reduce visibility of light to individuals on the ground.

If an owner receives a complaint of a violation of the noise standards contained in § PSC 128.14, Wis. Adm. Code, and the owner has not provided the Department with the results of an accurate test conducted within two years of the date of the complaint showing that the wind energy system is in compliance with the noise standard at the location relating to the complaint, the owner shall promptly conduct a noise study to evaluate compliance with the noise standards at that location using the most current version of the noise measurement protocol as described in § PSC 128.50(2), Wis. Adm. Code.

An owner shall cooperate with any study of the effects of wind energy systems that is coordinated by a state agency.