The Village of Salem Lakes Board recognizes that the rapid conversion of farm land to urban use has led to increasing public concern over such conversion. This concern centers on the perceived loss of the local agriculture economic base, loss of agricultural land as a valuable natural resource with the attendant loss of the aesthetic and environmental values associated with that resource, and the loss of the rural lifestyle and the unique cultural heritage which emanates from that lifestyle, and the attendant high costs of providing urban services as well as resolving potential urban-rural conflicts which arise as a result of urban encroachment into rural areas. Therefore, the A-1 Agricultural Preservation District is intended to maintain, enhance and preserve agricultural lands historically utilized for crop production and the raising of livestock. The preservation of such agricultural lands is intended to conserve energy, prevent urban sprawl, maintain open space, retain natural systems and natural processes, control public cost, preserve the local economic base, promote local self-sufficiency, preserve the rural lifestyle, and maintain regional, state and national agricultural reserves. The district is further intended to prevent the premature conversion of agricultural land to scattered residential, commercial and industrial uses.

Furthermore, this district contains areas designated for farmland preservation. For the purpose of determining the location of farmland preservation areas, refer to the map titled "Farmland Preservation Plan Map for Kenosha County," as may be amended from time to time, in the Kenosha County Farmland Preservation Plan adopted by the Kenosha County Board of Supervisors on November 19, 2013, and certified by the State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) on September 20, 2013. Areas designated for farmland preservation are consistent with areas designated for "farmland protection" on the planned land use maps in the Multi-Jurisdictional Comprehensive Plan for Kenosha County: 2035. In accordance with § 91.10(d), Wis. Stats., areas designated for farmland preservation are preserved for agricultural use and agriculture-related uses. Areas designated for farmland preservation are intended to meet and comply with the Wisconsin Farmland Preservation Program and are designated under § 91.38(1)(c) and (g), Wis. Stats., and an ordinance described in § 91.32(2), Wis. Stats., so as to allow the owners of such lands an opportunity to continue to claim the farmland preservation tax credit permitted pursuant to § 71.613, Wis. Stats. An owner claiming farmland preservation tax credits under § 71.613, Wis. Stats., shall comply with applicable land and water conservation standards promulgated under §§ 92.05(3)(c) and (k), 92.14(8), and 281.16(3)(b) and (c), Wis. Stats.

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Apiculture (beekeeping).

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Contract sorting, grading and packaging of fruits and vegetables.

Corn shelling.

Dairy farming and general agriculture.

Essential services.

One single-family dwelling.

General farm buildings, including agricultural windmills, barns, silos, sheds and storage bins; provided, however, that said structures are located at least 100 feet away from any off-premises neighboring residential buildings.

Existing residential dwellings remaining after the consolidation of farms with said dwellings not to be considered a nonconforming use, provided that the remaining lot shall conform to the yard requirements of this district and the lot area and width requirements for a second single-family farm dwelling as set forth in § 490-33.8B(130) of this chapter.

Single-family residence on lots of record created prior to the adoption of this chapter where said existing lot is less than 35 acres (see § 490-32.5).

Floriculture (cultivation of ornamental flowering plants).

Forest and game management.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Grazing or pasturing.

Greenhouses, not including retail sales of plants and flowers.

Hay baling.

Livestock raising, except commercial feedlot and fur farms.

Orchards.

Paddocks.

Pea viners.

Plant nurseries.

Poultry raising, except commercial egg production and commercial poultry feedlots.

Raising of grain, grass, mint and seed crops.

Raising of tree fruits, nuts and berries.

Riding stables and indoor riding arenas (private).

Sod farming.

Threshing services.

Vegetable raising.

Viticulture (grape growing).

Feedlot (not commercial and only for permitted farm uses).

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area).

Small wind energy system.

Solar energy system.

Storage, curing, drying, churning and packaging of products and crops produced on the land; provided, however, that such products are not processed on the land, and provided further that such products are not commercially sold as part of a retail business conducted on the land.

Swimming pools and spas (see also Article 14).

Fences (see also § 490-13.2).

Air strips, landing fields and hangars for personal or agricultural-related uses.

Bed-and-breakfast establishments.

Borrow pits (temporary); stockpiling or filling of clean fill materials.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Concrete and asphalt batch plants temporarily located on a parcel.

Event barns.

Gas and electric utility uses not requiring authorization under § 196.491(3), Wis. Stats.

Housing for farm laborers or caretakers.

Housing for seasonal or migratory farm workers.

Kennels (commercial or noncommercial).

Large wind energy system.

Riding stables and indoor riding arenas (public).

A second single-family farm-related residential dwelling.

Storage of recreational vehicles, boats or snowmobiles.

Utility substation.

Utility solar energy systems.

No structure or improvement may be built on any land in the A-1 Agricultural Preservation District unless said structure or improvement is consistent with agricultural uses.

For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of this chapter may be separated from a larger farm parcel.

No farm buildings or parts of farm buildings shall exceed 100 feet in height.

No residential dwelling or part thereof shall exceed 35 feet in height.

A total minimum floor area of a residential dwelling shall be a minimum of 1,000 square feet with a minimum first floor area of 1,000 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sanitary sewer.

The A-2 General Agricultural District is intended to provide for, maintain, preserve and enhance agricultural lands historically utilized for crop production but which are not included within the A-1 Agricultural Preservation District and which are generally best suited for smaller farm units, including truck farming, horse farming, hobby farming, orchards and other similar agricultural-related farming activity. This district is also intended to provide areas for activities normally associated with rural surroundings, such as rural estate and other existing residential development, such as existing residential development abutting Village and county roads along which further development may occur as essential services become available.

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Equestrian trails.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Those accessory uses permitted in the A-1 Agricultural Preservation District.

Small wind energy system.

Solar energy system.

Air strips, landing fields and hangars for personal or agricultural-related uses.

Assemblies over 5,000 or more individuals.

Bed-and-breakfast establishments.

Borrow pits (temporary); stockpiling or filling of clean fill materials.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Concrete and asphalt batch plant temporarily located on a parcel.

Event barns.

Housing for farm laborers or caretakers.

Kennels (commercial or noncommercial).

Large wind energy systems.

Riding stables and indoor riding arenas (public).

Storage of recreational vehicles, boats and snowmobiles.

Utility substations.

Utility solar energy systems.

No farm building or farm-related building shall exceed 100 feet in height.

No residential dwelling shall exceed 35 feet in height.

The total minimum floor area of a residential dwelling shall be 1,000 square feet with a minimum first floor area of 1,000 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sanitary sewer.

The primary purpose of this district is to provide for the proper location and regulation of manufacturing, warehousing, storage and related industrial, commercial, marketing and service activities that are dependent upon or closely allied to the agricultural industry. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Agricultural warehousing (commercial).

Seed and grain processing and preparation.

Blending and preparing of flour.

Breeding services.

Canning of fruits, vegetables, preserves, jams and jellies.

Commercial storage, curing, drying, churning, processing and packaging of agricultural products.

Contract sorting, grading and packaging services for fruits and vegetables.

Cornshelling, hay baling and threshing services.

Drying and dehydrating fruits and vegetables.

Fluid milk processing.

Fruit and vegetable pickling, vegetable sauces and seasoning, salad dressing preparation.

Fur farm.

Grain elevators and bulk storage of feed grains.

Grist mill services.

Milling of rice, vegetable and soybean oil.

Poultry and small game dressing and packing, provided all operations shall be conducted within an enclosed building.

Poultry hatching services.

Preparation of cereals.

Preparation of feeds for animal and fowl.

Production of chocolate and cocoa.

Production of condensed and evaporated milk.

Production of creamery butter.

Production of flour and other grain mill product.

Production of frozen fruits, fruit juices, vegetables and other specialties.

Production of natural and processed cheese.

Production of wine, brandy and brandy spirits.

Sales or maintenance of farm implements and related equipment.

Sugar processing and production.

Wet milling of corn.

Agricultural windmills.

Living quarters for not more than two watchmen or caretakers.

Small wind energy systems.

Solar energy systems.

Off-street parking in conjunction with any permitted use in this district. Provisions for the parking of automobiles, provided that such provisions within 100 feet of a residentially zoned district shall be screened.

Retail sales of products the same as or similar to those produced or processed on premises, on the condition that at least 50% of such products shall be produced or processed on premises and such accessory sales/services shall not exceed 25% of the building area (exclusive any residential structure) devoted to the principal use.

Independent uses that are customarily principal uses that provide support to businesses and employees of principal uses within the district, on the condition that such uses shall not exceed 25% of the building area and/or tenant area devoted to the principal use.

Commercial egg production.

Commercial feedlot.

Concrete and asphalt batch plants temporarily located on a parcel.

Fertilizer production, sales, storage, mixing and blending.

Gasohol and fuel-related alcohol plants.

Large wind energy systems.

Livestock sales facilities.

Malt production.

Meat packing, slaughterhouse and production of sausages and other meat products.

Processing and packaging of animal bedding materials.

Production of animal and marine fats and oils.

Production of shortening, table oils, margarine and other edible fats and oils.

Utility substations.

Utility solar energy systems.

No building located in an A-3 District shall exceed 100 feet in height.

No maximum or minimum building areas shall be required in the A-3 District due to the variety of uses within this district and the diverse building demands of each use.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sanitary sewer system.

The Village of Salem Lakes Board recognizes that the premature piecemeal conversion of farmland to urban use has led to increasing public concern over such conversion. This concern centers on the sprawling of urban population, the increasing cost of providing urban services, and the loss of agricultural lands as a valuable natural resource. Therefore, the Agricultural Land Holding District is intended to maintain and generally preserve for a limited time period those lands where urban expansion is proposed to take place on the adopted regional land use plan or other local land use plans that refine and detail the regional land use plan. It is intended that the status of all areas placed in this district be reviewed by the Village Plan Commission no less frequently than every two years to determine whether, in light of current development trends, there should be a transfer of all or any part of such areas to some other appropriate use district. Any such review will consider the need for permitting other uses on such land, the nature of the use or uses to be permitted, and the cost and availability of the public services and facilities which will be necessitated by such new use or uses.

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Apiculture (beekeeping).

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Contract sorting, grading and packaging of fruits and vegetables.

Corn shelling.

Dairy farming and general agriculture.

Essential services.

One farm dwelling.

General farm buildings, including agricultural windmills, barns, silos, sheds and storage bins; provided, however, that said structures are located at least 100 feet away from any off-premises neighboring residential buildings.

Existing residential dwellings remaining after the consolidation of farms with said dwellings not to be considered a nonconforming use, provided that the remaining lot shall conform to the yard requirements of this district and the lot area and width requirements for a second single-family farm dwelling as set forth in § 490-33.8B(130) of this chapter.

Single-family residence on lots of record created prior to the adoption of this chapter, where said existing lot is less than 35 acres (see § 490-32.5).

Floriculture (cultivation of ornamental flowering plants).

Forest and game management.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Grazing or pasturing.

Greenhouses, not including retail sales of plants and flowers.

Hay baling.

Livestock raising, except commercial feedlot and fur farms.

Orchards.

Paddocks.

Pea viners.

Plant nurseries.

Poultry raising, except commercial egg production and commercial poultry feedlots.

Raising of grain, grass, mint and seed crops.

Raising of tree fruits, nuts and berries.

Sod farming.

Threshing services.

Vegetable raising.

Viticulture (grape growing).

Feedlot (not commercial and only for permitted farm uses).

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area).

Small wind energy systems.

Solar energy systems.

Storage, curing, drying, churning and packaging of products and crops produced on the land; provided, however, that such products are not processed on the land, and provided further that such products are not commercially sold as part of a retail business conducted on the land.

Swimming pools and spas (see also Article 14).

Fences (see also § 490-13.2).

Air strips, landing fields and hangars for personal or agricultural-related uses.

Bed-and-breakfast establishments.

Borrow pits (temporary); stockpiling or filling of clean fill materials.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Concrete and asphalt batch plants temporarily located on a parcel.

Gas and electric utility uses not requiring authorization under § 196.491(3), Wis. Stats.

Housing for farm laborers or caretakers.

Housing for seasonal or migratory farm workers.

Riding stables and indoor arenas (public).

A second single-family farm-related residential dwelling.

Storage of recreational vehicles, boats or snowmobiles.

Utility substation.

Utility solar energy systems.

No structure or improvement may be built on any land in the A-4 Agricultural Land Holding District unless said structure or improvement is consistent with agricultural uses.

For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of this chapter may be separated from a larger farm parcel.

No farm buildings or parts of farm buildings shall exceed 100 feet in height.

No residential dwelling or part thereof shall exceed 35 feet in height.

A total minimum floor area of a residential dwelling shall be a minimum of 1,000 square feet with a minimum first floor area of 1,000 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sanitary sewer.

To maintain and protect rural character by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features such as woodlands, hedgerows, stream corridors, wetlands, floodplains, shorelands, prairies, ridgetops, steep slopes, and critical species habitat, by setting them aside from development and allow for development of equestrian facilities.

To provide quality residential development that has direct access to equestrian facilities.

To preserve scenic views and to minimize views of new development from existing streets.

To provide for the unified and planned development of clustered single-family, low-density residential uses, incorporating large areas of permanent protected equestrian facilities, open space, and natural resources.

To provide for greater design flexibility in the siting of dwellings and equestrian features in order to minimize the disturbance of the rural landscape elements, scenic quality, and overall aesthetic value of the landscape.

To create groups of dwellings with direct visual and physical access to open space and equestrian trails while separating vehicular traffic from the equestrian facilities.

To permit equestrian use of open space by residents of the development and the public, when appropriate.

To create a network of equestrian trails between equestrian developments and public land.

Equestrian facility, private, confined to a single lot, including equestrian buildings, such as barns, arenas, silos, storage sheds, cribs, paddocks, and stables.

Clustered single-family detached dwellings.

Community living arrangements having a capacity for eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Open space, including:

Accessory structures such as detached garages, sheds, gazebos, and boathouses.

Home occupations and professional home offices.

Small wind energy systems.

Solar energy systems.

Swimming pools and spas.

Fences.

Private roads and gated entrances.

Public equestrian facility offering services open to the public (such as riding classes, public riding hours, and shows).

Housing for caretakers.

Bridle equipment sales and repair (pro shop).

Utility substations.

Wind energy systems.

Solar energy systems.

Private roads and gated entrances, provided that said private roads meet Village road specifications and standards, are located within an access easement which shall be a minimum of 66 feet wide, are maintained by the homeowners' association comprised of the owners of all lots within said equestrian development and meet all safety and access standards promulgated by the Village fire and rescue officials.

Community living arrangements having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.

Utility substations.

Wind energy systems.

Solar energy systems.

Community swimming pools.

Community center for the use of residents not including equestrian facilities.

The outer boundaries of all residential cluster groups shall conform to the following separation distances:

All separation areas for cluster groups along existing streets shall be landscaped in accordance with the Salem Lakes Land Division Control Ordinance in order to block views of new residential development, preserve scenic views, and to protect rural landscape character.

The separation distances along existing arterial streets and tract boundaries may be reduced to a minimum of 50 feet if the applicant can demonstrate that existing vegetation, topography or a combination of these form an effective visual screen.

Minimum tract size: 120 acres.

Maximum density: one dwelling unit per five acres. Existing dwellings that may or not be part of a farmstead shall be counted towards the total density. Housing for caretakers does not count toward density. Acres refer to gross land area including all lands within tract, except existing street, railroad, existing trail and existing utility rights-of-way and/or easements. Only 20% of wetlands and floodplain may be counted toward the calculation of density.

Equestrian facility/open space: 60%. In the calculation of equestrian/open space areas, the following shall be excluded: private residential lot areas; existing and/or planned public street rights-of-way and/or private street easements; existing public trail rights-of-way and/or easements; and existing railroad and existing utility rights-of-way and/or easements.

All equestrian facilities, including equestrian buildings, such as barns, arenas, silos, storage sheds, cribs, paddocks, and stables, must be contained to a single lot.

A site plan for the equestrian facility lot must be included as part of the plat and zoning petition.

A plat may contain only one lot with equestrian facilities.

In locating equestrian facilities, disturbance to woodlands, hedgerows, and individual mature trees shall be minimized. However, when the objective is to preserve prime agricultural soils and large areas of contiguous land suitable for agricultural use, dwellings may be located within woodlands, provided that no more than 20% of a single wooded lot is cleared for the construction of barns, arenas, silos, storage sheds, cribs, paddocks, and stables, and on-site soil absorption system.

Equestrian facility shall abut open space to the front or rear for a distance of at least 50 feet in order to provide direct access to the open space. Open space across a street located on the subject development property shall qualify for this requirement.

All dwellings shall be grouped in cluster groups, each of which shall contain at least two but not more than 12 units and shall be surrounded by equestrian facility/open space.

Cluster groups may contain more than 12 units, and cluster groups may be assembled into larger groupings not separated by equestrian facility/open space, provided that the applicant can demonstrate that such an alternative plan is more appropriate for the tract and will meet both the general intent and design standards of this chapter.

A plat may contain one or more cluster groups.

Cluster groups shall be defined by the outer perimeter of contiguous lotted areas or abutting streets and may contain lots, streets, and interior equestrian facility/open space. When the development does not contain individual lots, as in a condominium, the outer perimeter shall be defined as an area encompassed by a line drawn around the units, no point of which is closer to any unit than 50 feet.

The outer boundaries of each cluster group shall meet the separation distances specified in Subsection G.

Cluster groups shall be defined and separated by equestrian facility/open space in order to provide direct access to the equestrian facility/open space and privacy to individual lot or yard areas. Cluster groups may be separated by streets if the street right-of-way or street easement is designed as a boulevard.

All lots in a cluster group shall take access from interior streets.

All lots in a cluster group shall abut equestrian facility/open space to the front or rear for a distance of at least 50 feet. Equestrian facility/open space across a street located on the subject development property shall qualify for this requirement.

In locating cluster groups, disturbance to woodlands, hedgerows, and individual mature trees shall be minimized. However, when the objective is to preserve prime agricultural soils and large areas of contiguous land suitable for agricultural use, dwellings may be located within woodlands, provided that no more than 20% of a single wooded lot is cleared for the construction of a dwelling, driveway, garage, storage building, well, and on-site soil absorption system.

Street trees shall be provided as required by Village ordinance.

Open space shall consist of only those uses identified in Subsection B(6).

The location of open space shall be consistent with the objectives of any applicable comprehensive plan or comprehensive plan component.

All open space areas shall be part of a larger contiguous and integrated open space system. At least 75% of the open space shall be contiguous to another open space area. For the purpose of this subsection, "contiguous" shall be defined as located within 50 feet across which access is possible, for example on opposite sides of an internal street.

Open space shall, to the greatest extent possible, protect site features identified in the site inventory and analysis as having particular value in the context of preserving rural character, in compliance with the intent of this chapter. Primary and secondary environmental corridors and isolated natural areas as identified by the Southeastern Wisconsin Regional Planning Commission are of particular significance for protection.

Natural features shall generally be maintained in their natural condition but may be modified to improve their appearance, or restore their overall condition and natural processes, as recommended by professionals in the area being modified. Permitted modifications may include woodland management, reforestation, meadow management, wetlands management, stream bank protection, and buffer area landscaping.

All wetland, floodplain, unique wildlife habitat areas, steep slopes over 12%, 100% of lowland environmental corridor and at least 80% of upland primary environmental corridors shall be contained in open space.

Common boundaries with existing or future open space on adjacent tracts, when shown in an applicable comprehensive plan or comprehensive plan component, shall be established whenever possible.

To preserve scenic views, ridgetops and hilltops should be contained within open space wherever possible. Trees shall not be removed from ridgetops or hilltops.

At least 80% of the area of existing woodlands shall be contained within open space; 20% of the area of existing woodlands may be used for lot areas and residential development. This limitation may be exceeded under the following conditions:

No open space shall be less than 10,000 square feet in area, with the exception of landscape islands in cul-de-sac streets, and not less than 30 feet in width at any point. Open space not meeting this standard shall not be counted toward the total required percentage of open space.

The boundaries of open space shall be marked by natural features wherever possible, such as hedgerows, edges of woodlands, streams, or individual large trees. Where no such natural demarcations exist, additional plantings, fences, or other landscape features shall be added to enable residents or the public, if applicable, to distinguish where open space ends and private lot areas begin. Where structural demarcations, such as fences or fence posts, are used, they shall be the minimum needed to accomplish the objective.

Trails in open space that abut residential lots in cluster groups shall be identified by plantings, fences, or other landscape features.

Under no circumstances shall all open space be isolated in one area of the development. Open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units, cluster groups, and other common facilities.

Open space shall include lands located along existing public roadways in order to preserve existing rural landscape character as seen from these roadways, and shall in no case contain less than the required buffer, setback area, or separation distance.

Safe and convenient pedestrian access and access for maintenance purposes shall be provided to open space areas. At least one access point per cluster group shall be provided, having a width equal to or greater than 50 feet. This width may be reduced to no less than 30 feet if the applicant can demonstrate that meeting the lot width requirement would run counter to the objectives of this chapter.

The following methods may be used, either singly or in combination, to own any common facilities (i.e. community swimming pools and community center) and/or open space. Common facilities and open space shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities and open space. Ownership methods shall conform to the following:

Maintenance and operation of common facilities and open space.

Leasing of common facilities and/or open space. Common facilities and/or open space lands may be leased to another person or other entity for use, operation, and maintenance, provided that:

Conservation. Common facilities and open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Planning and Development Administrator and duly recorded in the office of the County Register of Deeds.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such a detached garages, sheds and gazebos, and boathouses (see also Article 19).

Fences (see also Article 13).

Home occupations and professional home offices.

Small wind energy systems.

Swimming pools and spas (see also Article 14).

Bed-and-breakfast establishments.

Community living arrangements having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.

Large wind energy systems.

Model single-family home and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of five acres.

All lots shall have a frontage of not less than 300 feet in width unless located on a cul-de-sac or curve in which case the lot frontage may be reduced to 150 feet of frontage provided there is at least 300 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a dwelling shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sanitary sewer.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy systems.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Bed-and-breakfast establishments.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model single-family home and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of 40,000 square feet.

All lots shall be not less than 150 feet in width unless located on a cul-de-sac or curve in which case the lot frontage may be reduced to 75 feet of frontage provided there is at least 150 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of the dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Public sewer system.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy systems.

Solar energy systems.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Bed-and-breakfast establishments.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit.

Utility substation.

Lots shall have a minimum area of 20,000 square feet.

All lots shall be not less than 100 feet in width unless located on a cul-de-sac or curve in which case the lot frontage may be reduced to 50 feet of frontage provided there is at least 100 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this chapter, provided that § 490-3.1D of this chapter is fully complied with.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Bed-and-breakfast establishments.

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum of 15,000 square feet.

All lots shall be not less than 90 feet in width unless located on a cul-de-sac or curve in which case the lot frontage may be reduced to 45 feet of frontage provided there is at least 90 feet of width at the required building setback line.

Unsewered lots in the shoreland. The minimum lot area shall be 20,000 square feet and the minimum average lot width shall be 100 feet.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a dwelling shall be 1,200 square feet with a minimum first floor area of 800 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this chapter, provided that § 490-3.1D of this chapter is fully complied with.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum of 10,000 square feet.

All lots shall be not less than 75 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 40 feet of frontage, provided there is at least 75 feet of width at the required building setback line.

Unsewered lots in the shoreland. The minimum lot area shall be 20,000 square feet and the minimum average lot width shall be 100 feet.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a dwelling shall be 1,000 square feet with a minimum first-floor area of 800 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this chapter, provided that § 490-3.1D of this chapter is fully complied with.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One single-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Utility substations.

Lots shall have a minimum area of 6,000 square feet.

All lots shall be not less than 60 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 30 feet of frontage, provided there is at least 60 feet of width at the required building setback line.

Unsewered lots in the shoreland. The minimum lot area shall be 20,000 square feet and the minimum average lot width shall be 100 feet.

Sewered lots in the shoreland. The minimum lot area shall be 10,000 square feet and the minimum average lot width shall be 65 feet.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a dwelling shall be 800 square feet with a minimum first-floor area of 800 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system only for lots of record existing at the time of adoption of this chapter.

Public sanitary sewer.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One two-family dwelling or one three-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of 80,000 square feet for a two-family dwelling and a minimum area of 100,000 square feet for a three-family home.

All lots shall be not less than 150 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 75 feet of frontage, provided there is at least 150 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a two-family residential structure shall be 2,000 square feet or 1,000 square feet per unit. The minimum first floor area of the structure shall be 1,500 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

On-site sewage disposal absorption system.

Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

One two-family dwelling.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Home occupations and professional home offices.

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of 20,000 square feet.

All lots shall be not less than 100 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 50 feet of frontage, provided there is at least 100 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The total minimum floor area of a two-family residential structure shall be 2,000 square feet or 1,000 square feet per unit. The minimum first-floor area of the structure shall be 1,500 square feet.

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Multiple-family dwellings not to exceed eight units per building.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements for 16 or more persons and which are in conformance with all state statutory requirements.

Model apartments and model condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of the larger of 10,000 square feet or 5,000 square feet per unit.

All lots shall have a minimum width of 100 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 50 feet of frontage, provided there is at least 100 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The minimum total floor area of a multiple-family residential structure shall be 1,500 square feet, and the minimum first-floor area of a multiple-family structure shall be 1,000 square feet. In addition thereto:

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Multiple-family dwellings not to exceed eight units per building.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements for 16 or more persons and which are in conformance with all state statutory requirements.

Model apartments and model condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of 12,000 square feet or 4,000 square feet per unit, whichever is larger; and

All lots shall have a minimum width of 120 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 60 feet of frontage, provided there is at least 120 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The minimum total floor area of a multiple-family residential structure shall be 2,000 square feet, and in addition thereto:

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all state statutory requirements.

Essential services.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Multiple-family dwellings.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Community living arrangements for 16 or more persons and which are in conformance with all state statutory requirements.

Housing for the elderly.

Model apartments and model condominiums and related temporary real estate sales office located within the model unit.

Utility substations.

Lots shall have a minimum area of 20,000 square feet or 3,000 square feet per unit, whichever is larger; and

Lots shall have a minimum width of 120 feet unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 60 feet of frontage, provided there is at least 120 feet of width at the required building setback line.

No building or parts of a building shall exceed 35 feet in height.

The minimum total floor area of a multiple-family residential structure shall be 3,000 square feet, and in addition thereto:

All residential dwellings shall be attached to a permanent foundation, be properly connected to all required utilities, have a building footprint of which the dwelling unit is not less than 24 feet in width for at least 50% of the length, have a roof pitch of not less than 5/12, and an eave extension of at least 12 inches, except residences with an architectural style defined as Colonial, Greek Revival or Prairie, which shall be allowed to deviate from the 5/12 roof pitch and minimum eave extension of 12 inches.

Public sanitary sewer.

Foster-family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.

Essential services.

One individual mobile home or manufactured home on a lot in a mobile home park or subdivision.

Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also Article 19).

Small wind energy system.

Solar energy system.

Swimming pools and spas (see also Article 14).

Fences (see also Article 13).

Mobile home/manufactured home parks/subdivisions.

Model mobile home/manufactured home and related temporary real estate sales office located within the model unit.

Utility substations.

Lots in a mobile home/manufactured home park or subdivision shall have a minimum of 7,500 square feet in area.

All lots shall be not less than 50 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 30 feet of frontage, provided there is at least 50 feet of width at the required building setback line.

No building or parts of a building shall exceed 15 feet in height.

The minimum floor area shall be 600 square feet.

Public sanitary sewer.

On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this chapter, provided that § 490-3.1D of this chapter is fully complied with.

The B-1 Neighborhood Business District is intended to provide for existing and proposed retail establishments that are located within primarily residential areas and intended to serve the convenience needs of the surrounding neighborhood. To ensure that such uses shall have a character, appearance and operation compatible with the residential areas they serve, the size of such individual establishment shall be limited. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Bakeries.

Barbershops, beauty shops and salons.

Bicycle shops.

Bookstores.

Cafe/coffee shops.

Computer sales and repair.

Bars/taverns and wine taps (without outdoor dining, entertainment or recreation, i.e., volleyball, horseshoes, etc.).

Variety stores.

Drugstores.

Dry cleaning and laundry establishments.

Flower shops.

Grocery stores and convenience stores.

Hardware stores.

Hobby, craft, toy and game shops.

Liquor stores.

Professional offices.

Record and prerecorded tape stores.

Restaurants (not including fast food and drive-ins).

Shoe repair stores.

Garages for the storage of vehicles used in conjunction with the operation of the business.

Off-street parking and loading.

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

Small wind energy systems.

Solar energy systems.

Fireworks sales on retail or wholesale basis.

Flea markets.

Fueling stations.

Taverns (with no live entertainment).

Utility substations.

Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area of 10,000 square feet and a minimum lot frontage of 75 feet in width.

Individual businesses served by on-site soil absorption sewage disposal systems or other approved private means of sewage disposal shall provide a minimum lot area of 40,000 square feet and a minimum lot frontage of 150 feet in width.

No building or parts of a building shall exceed 35 feet in height.

Buildings which are individual retail stores shall not exceed 2,500 square feet in area and customer service establishments or offices shall not exceed 1,500 square feet in area.

Public sanitary sewer.

On-site sewage disposal absorption system.

Holding tank on lots of record created prior to July 1, 1980.

The B-2 Community Business District is intended to provide for the orderly development of business activities, such as retail stores, office buildings and services, in the center of communities and settlements throughout the Village. These "downtown" areas should be developed in a manner that would contribute to their role as the center of the community. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Any principal use permitted in the B-1 Neighborhood Business District.

Antique and secondhand stores (excluding pawn shops).

Appliance and furniture stores without related warehousing.

Automotive and marine supply stores.

Bowling alleys.

Building supply store.

Cafe/coffee shops.

Camera and photographic supply stores.

Carpet and flooring stores.

Caterers.

Christmas tree sales.

Civic, social and fraternal associations.

Clinics.

Clothing apparel and footwear stores.

Commercial recreational facilities (indoor) such as bowling alleys, skating rinks, athletic clubs, tennis and handball courts, and swimming pools.

Delicatessens.

Department stores.

Essential services.

Financial institutions.

Funeral homes.

Gift stores.

Hotels and motels.

Jewelry stores.

Limited adult media stores, as provided in § 490-26.6.

Meat and fish markets.

Music stores.

Nightclubs and dance halls.

Office supply stores.

Optical stores.

Paint, glass and wallpaper stores.

Parking lots (off site).

Personal service establishments.

Pet shops.

Photocopying and duplicating services.

Physical fitness facilities.

Racquet ball and tennis courts (indoor).

Radio/television broadcast studios.

Restaurants, including fast-food and drive-in restaurants and associated microbrewery.

Sign and banner shops.

Sporting goods stores.

Supermarkets.

Theaters.

Tobacco shops.

Upholstery shops.

Tattoo and body piercing establishments.

Garages for storage of vehicles used in conjunction with the operation of the business.

Off-street parking and loading areas.

Residential quarters for the owner or proprietor, or rental apartments on a non-ground-floor level, provided that there shall be a minimum floor area of 300 square feet for an efficiency or one-bedroom apartment or 500 square feet for a two-bedroom or larger apartment. There shall be no more than two rental apartments per parcel above a B-2 District store or office.

Small wind energy system.

Solar energy systems.

Animal hospitals, shelters and kennels and veterinary services.

Automotive sales, service and mechanical repairs.

Boat launches.

Bus depots.

Car washes.

Commercial recreational facilities (outdoor).

Event barns.

Fireworks sales on retail or wholesale basis.

Flea markets.

Fueling stations.

Railroad depots.

Restaurants, bars or taverns with outdoor dining, recreation or entertainment (i.e., volleyball, horseshoes, etc.).

(Reserved)[1]

Utility substations.

Recreational vehicle sales, service and repairs.

Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area of 10,000 square feet and a minimum frontage of 75 feet in width.

Individual businesses served by on-site soil absorption sewage disposal system or other approved private means of sewage disposal shall provide a minimum lot area of 40,000 square feet and a minimum frontage of 150 feet in width.

No building or parts of a building shall exceed 35 feet in height; and

No maximum or minimum building area shall be required in the B-2 District due to the variety of uses within the district and the diverse building demands of each user.

Public sanitary sewer.

On-site soil absorption disposal system.

Holding tank on lots of record created prior to July 1, 1980.

The B-3 Highway Business District is intended to provide for the orderly and attractive grouping and appropriate business location along principal highway routes, as defined in this chapter, of those businesses and customer services which are logically related to and dependent upon highway traffic and which are specifically designed to serve the needs of such traffic and businesses which generate a high volume of vehicle traffic with a corresponding demand for large parking areas. The uses intended for this district typically do not rely upon an interchange of customers with each other as do uses in the B-4 District and, furthermore, tend to locate in strip fashion along the highway, thereby impeding traffic flow thereon with numerous access points and, therefore, requiring review of plans and specifications to regulate highway access and to encourage properly planned site layout and development for such individual businesses. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below and, therefore, it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Any principal use permitted in the B-1 Neighborhood Business District, B-2 Community Business District or B-4 Planned Business District.

Adult establishments, as provided in § 490-26.6.

Appliance and furniture stores with related warehousing.

Garden supply stores.

Gunsmith shop.

Tattoo and body piercing establishments.

Garages for the storage of vehicles used in conjunction with the operation of the business.

Off-street parking and loading.

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

Small wind energy system.

Solar energy systems.

Arenas and stadiums.

Automotive body repair.

Automotive and marine sales, service and repairs including related towing.

Car washes.

Concrete and asphalt batch plants temporarily located on a parcel.

Convenient cash business.

Drive-in theater.

Event barns.

Fireworks sales on retail or wholesale basis.

Flea markets.

Fueling stations.

Indoor shooting ranges.

Large wind energy systems.

Mini warehouses.

Pawnshops.

Recreational vehicle, motor home, farm implement or similar large size vehicle or equipment sales involving extensive outdoor display and storage.

Restaurants, bars or taverns with outdoor dining, entertainment or recreation (i.e., volleyball, horseshoes, etc.).

Restaurants or taverns or cabarets (with live entertainment).

Rummage sales and flea markets (permanent).

(Reserved)[1]

Truck stops, sales and service.

Utility substations.

Recreational vehicle sales, service and repairs.

No building or parts of a building shall exceed 35 feet in height.

No maximum or minimum building area shall be required in the B-3 District due to the variety of uses within the district and the diverse building demands on each user.

Public sanitary sewer.

On-site sewage disposal absorption system.

Holding tank on lots of record created prior to July 1, 1980.

The B-4 Planned Business District is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices and customer service establishments in a "shopping center" or "mall" setting on a single parcel of land and intended to serve the larger community or regional area. The size and location of such districts shall be based upon evidence of justifiable community need, of adequate customer potential, of satisfactory relationship to the circulation system and other related facilities, and of potential contribution to the economic welfare of the community. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Garages for storage of vehicles used in conjunction with the operation of the business.

Off-street parking and loading areas.

Small wind energy system.

Solar energy system.

Fireworks sales on retail or wholesale basis.

Flea markets.

Fueling stations.

Large wind energy systems.

Utility substations.

Groupings of shops and businesses in the B-4 Business District shall provide a minimum area of two acres and a minimum frontage of 200 feet in width.

Individual shops within a grouping shall provide an area sufficient to accommodate the principal and all accessory structures, off-street parking and loading areas, the disposal of sanitary waste if a public sanitary sewage system is not available and the required yards.

No building or parts of a building shall exceed 60 feet in height.

No maximum or minimum building area shall be required in the B-4 District due to the variety of uses within the district and the diverse building demands of each user.

Public sanitary sewer.

On-site sewage disposal absorption system.

Holding tanks on lots of record created prior to July 1, 1980.

The B-5 Wholesale Trade and Warehousing District is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a wholesale nature, bulk sales, and for the storage of goods and wares. The size and location of such districts shall be based upon relationships to the total community need and economy. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Wholesale and bulk sales and warehousing of the following products, provided that no outdoor storage is permitted:

Mail order distribution centers.

Printing and publishing houses and related uses.

Refrigerated warehousing.

Garages for storage of vehicles used in conjunction with the operation of a business.

Off-street parking and loading.

Office areas customary to the operation of the business.

Small wind energy system.

Solar energy system.

Animal hospitals, shelters, veterinary services, and kennels accessory to a veterinarian or animal hospital.

Automotive sales, service and repairs including related towing.

Construction services. including building contractors; carpentering; wood flooring; concrete services; landscaping, lawn care, tree trimming and plowing services; masonry, stonework, tile setting, and plastering services; roofing, siding and sheet metal services; septic tank installers; window installers; and water-well-drilling services.

Fireworks sales on a wholesale basis.

Freight terminals, yards, freight forwarding services, packing and crating services and related equipment storage and maintenance facilities.

Fuel oil, bottled gas and ice dealers.

Fueling stations, automobile servicing and repair.

Indoor shooting ranges.

Laboratories for testing, research and experimental purposes.

Large wind energy system.

Millwork, lumberyards, saw mills, and planing mills.

Mini warehouses.

Petroleum stations and terminals.

Water storage tanks and towers, radio and television transmitting and receiving towers, and microwave relay stations.

Recreational vehicle sales, service and repairs.

Individual wholesale and warehousing establishments served by public sanitary sewer facilities shall provide a minimum lot area of 10,000 square feet and a minimum frontage of 75 feet in width.

Individual wholesale and warehousing establishments served by on-site soil absorption sewage disposal systems or other approved private means of sewage disposal shall provide a minimum lot area of 40,000 square feet and a minimum frontage of 150 feet in width.

No building and parts of a building shall exceed 35 feet in height.

No maximum or minimum building area shall be required in the B-5 District due to the variety of uses within the district and the diverse building demands of each user.

Where the underlying zoning is B-2 Community Business District: limited adult media stores.

Where the underlying zoning is B-3 Highway Business District:

Adult bathhouses.

Adult body painting studios.

Adult massage parlors.

Adult motion-picture theaters (outdoor).

Intoxicating beverages shall not be sold or served.

Parking shall be provided in a lighted area in conformity with applicable lighting and parking standards provided elsewhere in this chapter.

No adult establishment shall be maintained or operated in any manner that causes, creates or allows public viewing of any adult media or any live entertainment that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas from any sidewalk, public or private right-of-way or any property other than the lot on which the adult establishment is located.

Signs advertising adult establishments shall conform to § 490-12.7 of this chapter and with the further exception that signs will not depict the human body or any part thereof; and provided, further, that there shall be no flashing or traveling lights located outside the building.

No adult establishment patron shall be permitted at any time to enter into any of the nonpublic portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent and time necessary to perform their job duties.

Other than limited adult media stores, signs at least one square feet in area stipulating that persons under the age of 18 are not permitted inside the establishment shall be posted at all public entrances to the establishment, and persons under the age of 18 shall not be permitted inside the establishment.

The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.

The adult establishment shall clearly post and enforce a no-loitering policy.

The owner and/or operator of the adult establishment shall agree to comply with all state, federal and local laws and ordinances, including obscenity, liquor and cabaret laws. Solicitation for purposes of prostitution shall be strictly prohibited. Conduct in violation of § 944.21, Wis. Stats., or § 9.10.2 of the Kenosha County Code of Ordinances, including the exhibition of "obscene material" and "obscene performances," as those terms are defined in § 944.21(2), Wis. Stats., and § 9.10.2 of the Kenosha County Code of Ordinances, shall be strictly prohibited.

No video viewing booth(s) shall be established, operated or used in any adult establishment.

The hours of operation of adult establishments shall be limited to the same hours of operation for bars and taverns within that community within which the adult establishment is located.

No residential quarters shall be allowed on a premises with an adult establishment.

No more than one adult establishment may be established on any one parcel.

No adult establishment may be established within 1,000 feet of any other adult establishment.

No adult retail establishment may be established within 1,000 feet of any sensitive land use.

No adult entertainment establishment may be established within 1,000 feet of any sensitive land use.

All adult entertainment establishments shall be located within 300 feet of a state trunk highway right-of-way (maintained and traveled), as indicated on the map of the official layout of the State Trunk Highway System of Kenosha County prepared by the State of Wisconsin Department of Transportation in accordance with § 84.02(12), Wis. Stats., and as currently on file with the Kenosha County Clerk and Kenosha County Highway Commissioner, and as subsequently amended, and shall not be located within 1,000 feet of the right-of-way of the intersection of another state trunk highway or any federal or county trunk highway, or any other road.

For these purposes, distance shall be measured in a straight line from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult establishment to the nearest lot line of the other parcels of property to which these location requirements apply.

The location requirements and restrictions specified in Subsection G(1) through (6) do not apply to limited adult media stores.

Not be open to any person under the age of 18;

Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching from the floor to at least eight feet high or to the ceiling, whichever is less;

Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;

Have access controlled by electronic or other means to provide assurance that persons under age 18 will not easily gain admission and that the general public will not accidentally enter such room or section, or provide continuous video or window surveillance of the room by store personnel; and

Provide signage at the entrance stipulating that persons under the age of 18 are not permitted inside.

It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of an adult entertainment establishment to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of an adult entertainment establishment, which:

Adult cabarets.

Adult modeling studios. All models or other live performers in an adult modeling studio shall perform only on a stage elevated no less than 24 inches above floor level. There shall be a railing attached to the floor surrounding the stage, which shall keep patrons at least 36 inches from the stage. The stage shall be in a room or other enclosed space of no less than 600 square feet.

Adult motion-picture theaters. Adult motion-picture theaters shall show movies only in a room or other enclosed space of no less than 600 square feet.

The purpose of the Business Park District is to provide for the development of business parks that are established in a campus-like setting with landscaping and architectural amenities that create a sense of place and an aesthetically attractive and integrated planned development. It is intended that the Business Park District provide for the grouping and clustering of single-tenant and multitenant professional offices, commercial uses, nonhazardous research and development facilities and high-technology manufacturing that functionally interact well together and that are not intended to be opened to or visited by the general public. The Business Park District is intended to be located primarily on collector streets and arterial highways to provide for good accessibility. Development standards of this district are intended to provide compatibility with and protection to surrounding residential and commercial properties by minimizing traffic congestion, noise, glare, vibration, odors, airborne particulates, and toxic substances.

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.

Accounting, auditing and bookkeeping services.

Architectural services.

Business/light industrial incubators.

Commercial bakeries and trade and contractor's offices.

Computer programming and other software services.

Corporate headquarters, manufacturing offices, and sales and distribution centers.

Data processing.

Drafting services or quick reproduction services.

Financial institutions.

Food, beverage and milk processing and soft drink bottling plants.

Laboratories (scientific, medical, chemical), applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities.

Light manufacturing and assembling of electronic components, precision instruments and devices.

Light manufacturing, assembling or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.

Light industrial plants such as required for production of millwork, machine tools, paper containers, light metal fabrication, and similar small industries.

Manufacturing and bottling of nonalcoholic beverages.

Office supplies.

Packaging, processing and assembly of confections, cosmetics, electrical appliances, foods (except garbage, fish and fish products, meat and meat products), instruments, jewelry, tobacco and toiletries.

Printing, lithographing, blueprinting, photocopying and publishing establishments.

Processing or compounding and packaging of drugs and other medical and pharmaceutical products.

Professional offices which include the following professional and semiprofessional occupations: accountants, architects, attorneys, dentists, engineers, insurance agents, medical clinics, real estate agents, personal or family counselors, chiropractors, physical therapists, physicians, public secretaries, surgeons, or any other offices or professions which are of the same general character as the foregoing, but specifically excludes veterinarians, veterinary hospitals, animal grooming salons, kennels, and funeral homes.

Refrigerated warehousing.

Research and development offices and testing laboratories.

Scientific or engineering school facilities or institutions.

Scientific and precision instruments.

Telecommunication and call centers.

Testing centers.

Travel agencies.

Warehousing completely within an enclosed building, but specifically excluding mini warehouses.

Vocational, trade, technical or industrial schools.

Wholesalers and distributors.

Off-street parking in conjunction with any permitted use in this district. Provisions for the parking of automobiles, provided that such provisions within 100 feet of a residentially zoned district shall be screened.

Associated retail sales of products manufactured or services provided, on the condition that such accessory sales/services shall not exceed 25% of the building area and/or tenant area devoted to the principal use.

Independent uses that are customarily principal uses that provide support to businesses and employees of principal uses within the district, on the condition that such uses shall not exceed 25% of the building area and/or tenant area devoted to the principal use. Examples of such are: office supply stores, copy centers, travel agencies, and day-care centers.

Small wind energy system.

Solar energy system.

Utility substations.

Large wind energy systems.

Parking structures.

Minimum tract size: 35 acres.

Minimum lot area: three acres.

Minimum lot width: 150 feet.

Minimum open space: 25%. In the calculation of open space areas, the following shall be excluded: private lot areas, public or private street right-of-way, and railroad and utility rights-of-way.

No building or parts of a building shall exceed 60 feet in height.

No maximum or minimum building area shall be required due to the variety of uses within the district and the diverse building demands of each user.

Public sanitary sewer.

On-site sewage disposal absorption system.

Holding tanks.

The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial and related uses of a limited nature in size and for situations where such uses are not located in basic industrial groupings and where their relative proximity to other uses requires more restrictive regulation as to hours of operation, method of manufacturing, traffic patterns, storage of materials and products, shipment of materials and products, etc., so as to better provide for the health, safety and welfare of the public. There shall be strict compliance with the performance standards set forth in Article 10 of this chapter. All new structures and uses and changes or additions to existing structures and uses shall be in compliance with the site plan review requirements of this chapter (see § 490-6.2).

It is recognized that it is neither possible nor practicable to list all of the principal and accessory uses that are compatible with those listed below, and therefore it is intended that the following list of principal and accessory uses only be illustrative. Any individual aggrieved by a failure to list a particular principal or accessory use in this section shall have the right to file a petition with the Planning and Development Administrator for a determination as to the similarity of the intended use with the principal and accessory uses listed below.