District Regulations
For the purpose of this ordinance, Kenosha County, Wisconsin is hereby divided into thirty-three (33) basic zoning districts and six (6) overlay districts as follows:
A-1 | Agricultural Preservation District |
A-2 | General Agricultural District |
A-3 | Agricultural Related Manufacturing, Warehousing and Marketing District |
A-4 | Agricultural Land Holding District |
AE-1 | |
R-1 | Rural Residential District |
R-2 | |
R-3 | |
R-4 | |
R-5 | |
R-6 | |
R-7 | |
R-8 | |
R-9 | |
R-10 | |
R-11 | |
R-12 | |
B-1 | Neighborhood Business District |
B-2 | Community Business District |
B-3 | Highway Business District |
B-4 | Planned Business District |
B-5 | Wholesale Trade and Warehousing District (8/9/94) |
--- | Adult Establishments (3/16/04) |
BP-1 | |
B-94 | Interstate Highway 94 Special Use Business District |
M-1 | Limited Manufacturing District |
M-2 | Heavy Manufacturing District |
M-3 | Mineral Extraction District (8/20/91) |
M-4 | Sanitary Landfill and Hazardous Waste Disposal District (8/20/91) |
I-1 | Institutional District |
PR-1 | |
C-1 | Lowland Resource Conservancy District |
C-2 | Upland Resource Conservancy District |
FPO | Floodplain Overlay District |
HO | Historical Overlay District |
PUD | Planned Unit Development Overlay District |
AO | |
RC | Rural Cluster Development Overlay District |
TCO | Town Center Overlay District |
[Code § 12.19-1.]
In determining which parcels of land shall be located in the above districts so as to accomplish the intended purpose of these districts, the Kenosha County Department of Planning and Development and the Planning, Development & Extension Education Committee shall make use of, without limitation due to enumeration, all pertinent resources, data, statistics, tables, charts and maps relating to existing land use, adjacent land use, soils, future development, and existing and proposed roads and utilities. (11/5/84) [Code § 12.19-2.]
(a) Primary Purpose and Characteristics.
The Kenosha County Board of Supervisors 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 life-style, 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.
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal uses. (8/6/02).
1. Apiculture (Beekeeping)
2. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all state statutory requirements
3. Contract sorting, grading and packaging of fruits and vegetables
4. Corn shelling
5. Dairy farming and general agriculture
7. One single-family dwelling (9/5/06)
8. 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-premise neighboring residential buildings (6/2/92)
9. 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 section 12.40.080(b)(113) of this ordinance
10. Single-family residence on lots of record created prior to the adoption of this ordinance where said existing lot is less than 35 acres, (see section 12.39.050)
11. Floriculture (cultivation of ornamental flowering plants)
12. Forest and game management
13. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all state statutory requirements
14. Grazing or Pasturing
15. Greenhouses, not including retail sales of plants and flowers
16. Hay baling
17. Livestock raising, except commercial feed lot and fur farms
18. Orchards
19. Paddocks
20. Pea viners
21. Plant nurseries
22. Poultry raising, except commercial egg production and commercial poultry feed lots
23. Raising of grain, grass, mint and seed crops
24. Raising of tree fruits, nuts and berries
25. Riding stables and indoor riding arenas (private)
26. Sod farming
27. Threshing services
28. Vegetable raising
29. Viticulture (grape growing)
(c) Accessory Uses (8/6/02).
1. Feed lot (not commercial and only for permitted farm uses)
2. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17)
4. Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area)
5. Small wind energy system
6. Solar energy system
7. Storage, curing, drying, churning and packaging of products and crops produced on the land provided, however, 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
8. Swimming pools and spas (see also section 12.20)
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
3. Concrete and asphalt batch plants temporarily located on a parcel.
4. Event barns.
5. Gas and electric utility uses not requiring authorization under Wisconsin Statutes, section 196.491(3).
6. Housing for farm laborers or caretakers.
7. Housing for seasonal or migratory farm workers.
8. Kennels (commercial or noncommercial).
9. A second single-family farm related residential dwelling.
10. Large wind energy systems.
11. Solar farms.
12. Storage of recreational vehicles, boats or snowmobiles.
13. Utility substations.
14. Bed and breakfast establishments. (8/9/94)
15. Riding stables and indoor riding arenas (public).
16. Borrow pits (temporary); stockpiling or filling of clean fill materials.
(e) Parcel Area and Width.
1. Farm structures hereafter erected, placed, moved or structurally altered and related farm activities shall provide a contiguous area of not less than thirty-five (35) acres and no farm shall have a frontage of less than 600 feet in width.
(f) Building Type, Separation, Number, Height and Area.
1. 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.
2. For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of this ordinance may be separated from a larger farm parcel.
3. No farm buildings or parts of farm buildings shall exceed 100 feet in height
4. No residential dwelling or part thereof, shall exceed 35 feet in height
5. A total minimum floor area of a residential dwelling shall be a minimum of 1000 square feet with a minimum first floor area of 1000 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer
(i) Rezoning, Conditional Uses, and Enforcement. Any rezoning of any parcel of land in the A-1 Agricultural Preservation District shall be in accordance with Wisconsin Statute, section 91.48. Furthermore, the Department of Agriculture shall be notified of the approval of any conditional use permits in the A-1 District. Enforcement provisions necessary for the proper administration of the Farmland Preservation Act shall be as specified in Chapter 91 of the Wisconsin Statutes. [Ord. 6 (2022); Code § 12.20-1.]
(a) Primary purpose and characteristics.
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 town 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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
In addition to those principal uses permitted in the A-1 Agricultural Preservation District, the following are deemed to be principal uses in the A-2 General Agricultural District:
1. (Reserved for future use) (8/6/02)
2. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all state statutory requirements
3. Equestrian trails
4. Foster family homes having less than four foster children and not exceeding 8 total occupants and are in conformance with all state statutory requirements
5. (Reserved for future use) (8/6/02)
(c) Accessory Uses
1. Those accessory uses permitted in the A-1 Agricultural Preservation District
2. Small wind energy system
3. Solar energy system
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Assemblies over 5,000 or more individuals.
3. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
4. Concrete and asphalt batch plant temporarily located on a parcel.
5. Event barns.
6. Housing for farm laborers or caretakers.
7. Kennels (commercial or noncommercial).
8. Large wind energy systems.
9. Storage of recreational vehicles, boats and snowmobiles.
10. Utility substations.
11. Bed and breakfast establishments. (8/9/94)
12. Borrow pits (temporary); stockpiling or filling of clean fill materials.
13. Riding stables and indoor riding arenas (public).
14. Solar farms.
1. Parcels shall have a minimum area of ten (10) acres, and
2. All such parcels shall have a frontage of not less than 300 feet in width.
1. No farm building or farm related building shall exceed 100 feet in height
2. No residential dwelling shall exceed 35 feet in height
3. The total minimum floor area of a residential dwelling shall be 1000 square feet with a minimum first floor area of 1000 square feet
4. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System
2. Public sanitary sewer [Ord. 6 (2022); Code § 12.20-2.]
(a) Primary purpose and characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Agricultural warehousing (commercial)
2. Seed and grain processing and preparation
3. Blending and preparing of flour
4. Breeding services
5. Canning of fruits, vegetables, preserves, jams and jellies
6. Commercial storage, curing, drying, churning, processing and packaging of agricultural products
7. Contract sorting, grading and packaging services for fruits and vegetables
8. Cornshelling, hay baling and threshing services
9. Drying and dehydrating fruits and vegetables
10. Fluid milk processing
11. Fruit and vegetable pickling, vegetable sauces and seasoning, salad dressing preparation
12. Fur farm
13. Grain elevators and bulk storage of feed grains
14. Grist mill services
15. Milling of rice, vegetable and soybean oil
16. Poultry and small game dressing and packing providing all operations shall be conducted within an enclosed building
17. Poultry hatching services
18. Preparation of cereals
19. Preparation of feeds for animal and fowl
20. Production of chocolate and cocoa
21. Production of condensed and evaporated milk
22. Production of creamery butter
23. Production of flour and other grain mill product
24. Production of frozen fruits, fruit juices, vegetables and other specialties
25. Production of natural and processed cheese
26. Production of wine, brandy and brandy spirits
27. Sales or maintenance of farm implements and related equipment
28. Sugar processing and production
29. Wet milling of corn
(c) Accessory Uses.
1. Agricultural Windmills
2. Living quarters for not more than two watchmen or caretakers.
3. Small wind energy system
4. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Commercial egg production
2. Commercial feed lot
3. Concrete and asphalt batch plants temporarily located on a parcel
4. Fertilizer production, sales, storage, mixing, and blending
5. Gasohol and fuel related alcohol plants
6. Large wind energy system
7. Livestock sale facilities
8. Malt production
9. Meat packing, slaughterhouse and production of sausages and other meat products
10. Processing and packaging of animal bedding materials (8/20/91)
11. Production of animal and marine fats and oils
12. Production of shortening, table oils, margarine and other edible fats and oils
13. Utility substations
(e) Parcel Area and Width.
1. Parcels shall have a minimum area of five (5) acres, and
2. All such parcels shall have a frontage of not less than 300 feet in width
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building located in an A-3 district shall exceed 100 feet in height
2. 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.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures.
4. Rear yard - not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer system [Code § 12.20-3.]
(a) Primary Purpose and Characteristics. The Kenosha County Board of Supervisors 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 Kenosha County Planning, Development & Extension Education Committee 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. (11/5/84)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of the Municipal Code of Kenosha County for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Apiculture (beekeeping).
2. Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all State statutory requirements.
3. Contract sorting, grading and packaging of fruits and vegetables.
4. Corn shelling.
5. Dairy farming and general agriculture.
7. One farm dwelling.
8. 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. (6/2/92)
9. 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 section 12.40.080(b)(113) of the Municipal Code of Kenosha County.
10. Single-family residence on lots of record created prior to the adoption of the ordinance codified in this section where said existing lot is less than 35 acres (see section 12.39.050 of the Municipal Code of Kenosha County).
11. Floriculture (cultivation of ornamental flowering plants).
12. Forest and game management.
13. Foster family homes having less than four foster children and not exceeding eight total occupants and are in conformance with all State statutory requirements.
14. Grazing or pasturing.
15. Greenhouses, not including retail sales of plants and flowers.
16. Hay baling.
17. Livestock raising, except commercial feed lot and fur farms.
18. Orchards.
19. Paddocks.
20. Pea viners.
21. Plant nurseries.
22. Poultry raising, except commercial egg production and commercial poultry feed lots.
23. Raising of grain, grass, mint and seed crops.
24. Raising of tree fruits, nuts and berries.
25. Sod farming.
26. Threshing services.
27. Vegetable raising.
28. Viticulture (grape growing).
(c) Accessory Uses.
1. Feed lot (not commercial and only for permitted farm uses).
2. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17 of the Municipal Code of Kenosha County). (8/6/02)
4. Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area).
5. Small wind energy system.
6. Solar energy system.
7. 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.
8. Swimming pools and spas (see also section 12.20 of the Municipal Code of Kenosha County). (8/6/02)
9. Fences (see also section 12.19.020 of the Municipal Code of Kenosha County). (8/6/02)
10. Decks and patios (see also section 12.18.030 of the Municipal Code of Kenosha County).
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Bed and breakfast establishments. (8/9/94)
3. Borrow pits (temporary); stockpiling or filling of clean fill materials. (8/6/02)
4. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
5. Concrete and asphalt batch plants temporarily located on a parcel.
6. Gas and electric utility uses not requiring authorization under WSA 196.491(3).
7. Housing for farm laborers or caretakers. (8/6/02)
8. Housing for seasonal or migratory farm workers.
9. Large wind energy systems.
10. Second single-family farm related residential dwellings.
11. Solar farms.
12. Storage of recreational vehicles, boats or snowmobiles.
13. Utility substation.
14. Riding stables and indoor arenas (public). (8/6/02)
(e) Parcel Area and Width.
1. Parcels shall have a minimum area of 40,000 square feet.
2. All such parcels shall have a frontage of not less than 150 feet in width.
(f) Building Type, Separation, Number, Height and Area.
1. 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.
2. For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of the ordinance codified in this section may be separated from a larger farm parcel.
3. No farm buildings or parts of farm buildings shall exceed 100 feet in height.
4. No residential dwelling or part thereof shall exceed 35 feet in height.
5. 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.
6. All residential dwellings shall be attached to a permanent foundation, be properly connected to required utilities, have a building footprint of not less than 24 feet in width, have a roof pitch of not less than 4/12, and an eave extension of at least six inches. (8/6/02)
(g) Yards.
1. Street yard – not less than 65 feet from the right-of-way of all Federal, State and County trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard – not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard – not less than 25 feet in width on each side of all structures.
4. Rear yard – not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer. [Ord. 7 (2022); Ord. 6 (2022); Code § 12.20-4.]
(a) Primary purpose and characteristics. The AE-1 Agricultural Equestrian Cluster Single-Family District is intended to preserve rural landscape character; sensitive natural resource areas; equestrian buildings, barns, paddocks, pastures, and scenic corridors (vistas); while permitting residential estate type housing on clustered lots as a secondary use and integrated as part of an equestrian facility. The AE-1 Agricultural Equestrian Cluster Single-Family District may be served either by on-site soil absorption sewage disposal systems or by public sanitary sewer facilities. Specific objectives are as follows:
1. 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, ridge tops, steep slopes, and critical species habitat by setting them aside from development and allow for development of equestrian facilities.
2. To provide quality residential development that has direct access to equestrian facilities.
3. To preserve scenic views and to minimize views of new development from existing streets.
4. 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.
5. 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.
6. 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.
7. To permit equestrian use of open space by residents of the development and the public, when appropriate.
8. To create a network of equestrian trails between equestrian developments and public land.
(b) Principal Uses.
1. Equestrian Facility, private, confined to a single lot including equestrian buildings, such as, barns, arenas, silos, storage sheds, cribs, paddocks, and stables.
2. Clustered single-family detached dwellings.
3. Community living arrangements having a capacity for 8 or fewer persons and which shall be in conformance with all State statutory requirements.
5. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and which are in conformance with all State statutory requirements.
6. Open space, including:
a. Conservation of land in its natural state (for example, woodland, fallow field, or managed meadow.)
b. Wildlife sanctuary, forest preserve, or similar uses designated for the protection and propagation of wildlife.
c. Pasture for horses
d. Passive recreation, including, but not limited to, hiking trails, bridle trails, picnic areas, community gardens, and lawn area.
e. Easements for access, drainage, sewer and water lines, pipelines, or other public purposes.
f. Storm water management facilities including detention basins, retention basins, rain gardens, and other best management practices.
g. Water supply, and sewerage systems for individual lots, cluster groups, or the entire development.
h. Utility and street rights-of-way except that their land areas shall not count toward the minimum open space requirement.
(c) Residential Accessory Uses.
1. Accessory structures such as detached garages, sheds, gazebos, and boathouses.
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas.
6. Fences.
7. Decks and Patios (see also section 12.18.030 of the Municipal Code of Kenosha County.)
(d) Equestrian Conditional Uses.
1. Private roads and gated entrances
2. Public equestrian facility offering services open to the public (such as riding classes, public riding hours, and shows)
3. Housing for Caretakers
4. Bridle equipment sales and repair (pro shop)
5. Utility substations
6. Wind energy systems
7. Solar energy systems
(e) Residential Conditional Uses.
1. Private roads and gated entrances provided that said private roads: meet local unit of government 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 local unit of government fire and rescue officials.
2. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all State statutory requirements.
3. Utility substations
4. Wind energy systems
5. Solar energy systems
6. Community swimming pools
7. Community center for the use of residents not including equestrian facilities
(f) Required Facilities. The district requires that as a condition of approval there is an existing equestrian facility on the site with a minimum capacity of 100 horses, or that an equestrian facility will be built. For those circumstances when facilities are not in place there will be no zoning permits granted on the residential portion of the site until the equestrian facility is built according to submitted plan and guarantees made that it will remain for perpetuity through deed restrictions.
(g) Separation Distances for Residential Cluster Groups.
1. The outer boundaries of all residential cluster groups shall conform to the following separation distances:
From all tract boundaries | 50 feet |
From equestrian buildings, barns, and paddocks | 50 feet |
From other cluster groups | 50 feet |
From wetlands, floodplains, or navigable waterways | 35 feet |
From active recreation areas, such as courts or playing fields | 50 feet |
2. All separation areas for cluster groups along existing streets shall be landscaped in accordance with Section 14.08.150 of the Kenosha County Land Division Control Ordinance in order to block views of new residential development, preserve scenic views, and to protect rural landscape character.
3. 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.
(h) Overall Density and Dimensional Standards.
1. Minimum tract size: 120 acres
2. Maximum density[a]: 1 du/5 acres
3. Equestrian Facility/open space [b]: 60 percent
a. 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 percent of wetlands and floodplain may be counted toward the calculation of density.
b. 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.
(i) Lot Density and Dimensional Standards.
1. For equestrian facility lots and residential dwelling lots:
Development Standard | Equestrian Facilities Lot | Residential lot |
|---|---|---|
Minimum lot area | 10 acres | 60,000 sq. ft. |
Minimum lot width [a] | 300 feet | 150 feet |
40 feet | 50 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | ||
25 feet | 25 feet | |
50 feet | 50 feet | |
Accessory buildings setback and size regulation [b] | See section 12.17 | See section 12.17 |
Maximum building height 65 feet for equestrian building; 35 feet for separate caretaker building | - 35 feet | |
Maximum building coverage | N/A | 10 percent |
a. Lot frontage may be reduced on lots located on a cul-de-sac, court, or curve to feet provided there is at least 150 feet at the building setback line.
b. Accessory buildings on residential lots are not permitted in front yards.
(j) Design Standards for Equestrian Facility.
1. All equestrian facility, including equestrian buildings, such as, barns, arenas, silos, storage sheds, cribs, paddocks, and stables, must be contained to a single lot.
2. A site plan for the equestrian facility lot must be included as part of the plat and zoning petition.
3. A plat may contain only one lot with equestrian facilities.
4. 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 percent of a single wooded lot is cleared for the construction of a barns, arenas, silos, storage sheds, cribs, paddocks, and stables, and onsite soil absorption system.
5. 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.
(k) Design Standards for Residential Cluster Groups.
1. All dwelling shall be grouped in clusters groups, each of which shall contain at least 2 but not more than 12 units and shall be surrounded by equestrian facility/open space.
2. 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 ordinance.
3. A plat may contain one or more cluster groups.
4. 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.
5. The outer boundaries of each cluster group shall meet the separation distances specified in Section 12.51.010.050(g).
6. 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.
7. All lots in a cluster group shall take access from interior streets.
8. 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.
9. 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 percent of a single wooded lot is cleared for the construction of a dwelling, driveway, garage, storage building, well, and onsite soil absorption system.
10. Street trees shall be provided as required by the local unit of government land division or subdivision ordinance within which the development is located. If no such local unit of government land division or subdivision ordinances exists or requires the planting of street trees, street trees shall be required in cluster groups at a minimum rate of one 2-inch caliper tree per dwelling unit and shall comply with the requirements of Section 14.08-15 of the Kenosha County Land Division Control Ordinance.
(l) Design Standards for Open Space.
1. Open space shall consist of only those uses identified in section 12.51.010.050 (b) 6.
2. The location of Open space shall be consistent with the objectives of any applicable comprehensive plan or comprehensive plan component.
3. All open space areas shall be part of a larger contiguous and integrated open space system. At least 75 percent of the open space shall be contiguous to another open space area. For the purpose of this section, contiguous shall be defined as located within 50 feet across which access is possible, for example on opposite sides of an internal street.
4. 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 ordinance. Primary and secondary environmental corridors and isolated natural areas as identified by the Southeastern Wisconsin Regional Planning Commission are of particular significance for protection.
5. 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.
6. All wetland, floodplain, unique wildlife habitat areas, steep slopes over 12 percent, 100 percent of lowland environmental corridor and at least 80 percent of upland primary environmental corridors shall be contained in open space.
7. 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.
8. To preserve scenic views, ridge tops and hill tops should be contained within open space wherever possible. Trees shall not be removed from ridge tops or hill tops.
9. At least 80 percent of the area of existing woodlands shall be contained within open space; 20 percent of the area of existing woodlands may be used for lot areas and residential development. This limitation may be exceeded under the following conditions:
a. The site is primarily wooded and development at permitted density would not be possible without encroaching further on woodlands.
b. Any encroachment on woodlands beyond 20 percent shall be the minimum needed to achieve maximum permitted density.
10. 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.
11. 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.
12. Trails in open space that abut residential lots in cluster groups shall be identified by plantings, fences, or other landscape features.
13. 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.
14. 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.
15. 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 ordinance.
(m) Ownership and Maintenance of Common Facilities and Open space.
1. 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:
a. Owners Association
Common facilities and/or open space shall be held in common ownership as undivided proportionate interests by the members of a homeowners association, subject to the provisions set forth herein. The homeowners association shall be governed according to the following:
1) The applicant shall provide to the Kenosha County Department of Planning and Development a description of the organization, including its bylaws and all documents governing maintenance requirements and use restrictions for common facilities and/or open space.
2) The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.
3) Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
4) The organization shall be responsible for maintenance and insurance of common facilities and/or open space.
5) The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities and/or open space.
6) The organization shall have or hire adequate personnel to administer, maintain, and operate common facility and/or open space.
7) The applicant for any tract proposed to contain common facilities and/or open space shall arrange with the Town Assessor a method of assessment of the common facilities and/or open space which will allocate to each tax parcel in the development a share of the total tax assessment for such common facilities and/or open space. Real estate taxes shall be paid by the individual unit owner directly to the Town.
8) Written notice of the proposed transfer of common facilities and/or open space by the homeowner’s association or the assumption of maintenance of common facilities and/or open space must be given at all members of the organization and to the Town and County at least 39 days prior to such event.
b. Condominium
Common facilities and/or equestrian facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved by the Town/County Attorney and shall be in conformance with the “Condominium Ownership Act” of 1977 (Chapter 703, Wisconsin Statutes), as amended. All open space and other common facilities shall be held as “common element” by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
c. Fee simple dedication to a public agency.
The Town/County or other public entity acceptable to the Town/County may, but shall not be required to, accept any portion of the common facilities and/or open space; provided, that:
1) There shall be no cost of acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) Any facilities so dedicated shall be accessible to the residents of the Town/County, if the Town/County so chooses;
3) The Town/County or other public entity shall maintain such common facilities and/or open space.
4) The equestrian facility owner shall hold a conservation easement on the land and facilities so dedicated, protecting the common facilities and/or open space from development in perpetuity.
d. Dedication of conservation easements to a public agency
The Town/County or other public agency acceptable to the Town/County may, but shall not be required to, accept easements for public use of any portion of the common facilities and/or open space, title of which is to remain in private ownership; provided, that:
1) There shall be no cost of easement acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) A satisfactory maintenance agreement shall be reached between the owner and the Town/County.
3) Lands under a Town/County easement may or may not be accessible to the residents of the Town/County.
e. Fee simple dedication to a private conservation organization.
An owner may dedicate any portion of the common facilities to a private, not-for-profit conservation organization; provided, that:
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfers in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
f. Transfer of easements to a private conservation organization.
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
g. Ownership retained by the original landowner and/or equestrian facility owner.
1) The Town/County and the residents of the development shall hold conservation easements on the land protecting it from any further development.
2) Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
h. Other methods acceptable to the Kenosha County Department of Planning and Development.
2. Maintenance and operation of common facilities and open space.
a. A plan and narrative for the use, maintenance, and insurance of all common facilities and open space, including provisions for funding, shall be provided to and approved by the Kenosha County Department of Planning and Development prior to preliminary plan approval. Such plan shall:
1) Define ownership;
2) Establish necessary regular and periodic operation and maintenance responsibilities, including mowing schedules, weed control, planting schedules, clearing and cleanup.
3) Include a manure management plan.
4) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis.
5) At the discretion of the Kenosha County Department of Planning and Development, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities and open space for a maximum of one year.
b. In the event that the organization(s) established to own and/or maintain common facilities and open space, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the Town/County may serve written notice upon such organization, and upon the residents and owners of the uses related thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this ordinance, and any permits may be revoked or suspended. The Town/County may enter the premises and take corrective action.
c. The costs of corrective action by the Town/County shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and open space and shall become a lien on said properties. The Town/County, at the time of entering upon such common facilities and open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
3. 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:
a. The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
b. The common facilities and/or open space lands to be leased shall be maintained for the purpose set forth in the ordinance.
c. The operation of such leased common facilities and/or open space lands may be for the benefit of the residents of the development only, or may be open to the public, if so determined by the residents.
d. The lease, and any transfer of assignment thereof, shall be subject to the approval of the Town/County Board.
e. Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Town/County Board.
4. 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 Kenosha County Department of Planning and Development and duly recorded in the office of the County Register of Deeds. [Code § 12.20-5.]
(a) Primary Purpose and Characteristics. The R-1 Rural Residential District is intended to provide for single-family residential development, in a predominantly rural setting, at densities not to exceed 0.2 dwelling units per developable net acre.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such a detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all State statutory requirements
2. Large wind energy system
3. Model single-family homes and related temporary real estate sales office located within the model unit
4. Utility substations
5. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1400 square feet with a minimum first floor area of 1000 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer [Code § 12.21-1.]
(a) Primary Purpose and Characteristics. The R-2 Suburban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 1.1 dwelling units per developable net acre, served by on-site soil absorption sanitary sewage systems (septic tanks) and private wells. (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family home and related temporary real estate sales office located within the model unit
3. Utility substations
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of the dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk high-ways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
2. Public sewer system [Code § 12.21-2.]
(a) Primary Purpose and Characteristics. The R-3 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 2.2 dwelling units per developable net acre, served only by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substation
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads(8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures
4. Rear yard - not less than 25 feet
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-3.]
(a) Primary Purpose and Characteristics. The R-4 Urban Single-Family Residential District is intended to provide for single-family residential development at densities not exceeding 2.9 dwelling units per developable net acre served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than four foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit.
3. Utility substations
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
1. Lots shall have a minimum of 15,000 square feet
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-4.]
(a) Primary Purpose and Characteristics. The R-5 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not exceeding 4.4 dwelling units per developable net acre, served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum of 10,000 square feet
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1000 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-5.]
(a) Primary Purpose and Characteristics. The R-6 Urban Single-Family Residential District is intended to accommodate existing single-family development where densities may reach 7.3 dwelling units per developable net acre in order that residences in these districts shall not be rendered nonconforming uses. The district further provides for new development to fill in voids in existing small lot subdivisions. All R-6 residential development should preferably be served by public sanitary sewage systems. Any additional lands or new subdivisions shall be considered for rezoning into this district only if the parcel in question abuts a city of the second class and furthermore abuts a residential subdivision located within the city of the second class and only if the individual parcels in the aforementioned subdivision are 6000 square feet per unit or less and served by public sanitary sewer.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Utility substations
(e) Lot Area and Width.
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
4. Sewered lots in the shoreland. The minimum lot area shall be 10,000 sq. ft. and the minimum average lot width shall be 65 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 800 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 30 feet from the right-of-way of all Federal, State Trunk, or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 8 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. On-site sewage disposal absorption system only for lots of record existing at the time of adoption of this ordinance
2. Public sanitary sewer [Code § 12.21-6.]
(a) Primary Purpose and Characteristics. The R-7 Suburban Two-Family and Three-Family Residential District is intended to provide for two-family and three-family residential development in areas where public sanitary sewage facilities are not available, and densities do not exceed 1.1 dwelling units per developable net acre for two-family development and 1.3 dwelling units per net acre for three-family development.
(b) Principal Uses.
1. Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than four foster children and not exceeding eight total occupants and are in conformance with all State statutory requirements
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements
2. Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. 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
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. 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.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk high-ways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 20 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. On-site sewage disposal absorption system [Code § 12.21-7.]
(a) The R-8 Urban Two-Family Residential District is intended to provide for two-family residential development at densities not to exceed 4.4 dwelling units per developable net acre served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One two-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a two-family residential structure shall be 2000 square feet or 1000 square feet per unit. The minimum first floor area of the structure shall be 1500 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer [Code § 12.21-8.]
(a) Primary Purpose and Characteristics. The R-9 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 8.7 dwelling units per developable net acre, served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings not to exceed eight (8) units per structure with densities not to exceed 8.7 unites per net acres serviced by public sanitary sewage facilities.
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
2. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of the larger of 10,000 square feet or 5,000 square feet per unit
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 1500 square feet, and the minimum first floor area of a multiple-family structure shall be 1,000 square feet. In addition thereto:
a. Efficiency or one-bedroom apartments shall have a minimum floor area per dwelling unit of 500 square feet
b. Two-bedroom apartments shall have a minimum floor area per dwelling unit of 750 square feet, and
c. Three or more bedroom apartments shall have a minimum floor area per dwelling unit of 1,000 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public Sanitary Sewer [Code § 12.21-9.]
(a) Primary Purpose and Characteristics. The R-10 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 10.8 dwelling units per developable net acre served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings not to exceed eight (8) units per structure
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
2. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of 12,000 square feet or 4,000 square feet per unit, whichever is larger, and
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 2,000 square feet, and in addition thereto:
a. The minimum floor area per dwelling unit for an efficiency or one bedroom apartment shall be 400 square feet;
b. The minimum floor area per dwelling unit of a two-bedroom apartment shall be 600 square feet; and
c. The minimum floor area per dwelling unit of a three or more bedroom apartment shall be 800 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public Sanitary Sewer [Code § 12.21-10.]
(a) Primary Purpose and Characteristics. The R-11 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 12.4 dwelling units per developable net acre, served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
3. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
4. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of 20,000 square feet or 3,000 square feet per unit, whichever is larger, and
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 3,000 square feet, and in addition thereto:
a. The minimum floor area per dwelling unit for an efficiency or one bedroom apartment shall be 300 square feet;
b. The minimum floor area per dwelling unit of a two-bedroom apartment shall be 500 square feet; and
c. The minimum floor area per dwelling unit for a three or more bedroom apartment shall be 600 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer [Code § 12.21-11.]
(a) Primary Purpose and Characteristics. The R-12 Mobile Home/Manufactured Home Park/Subdivision Residential District is intended to provide for the location of mobile home/manufactured home parks and mobile home/manufactured home subdivisions in the residential setting that is compatible with adjacent land uses. Mobile homes are declared herein to be residential dwellings and entitled to the same protection from incompatible uses as is afforded in other residential districts. 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 ordinance (See Section 12.08.020).
(b) Principal Uses.
1. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
3. One individual mobile home or manufactured home on a lot in a mobile home park or subdivision
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
2. Model mobile home/manufactured home and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots in a mobile home/manufactured home park or subdivision shall have a minimum of 7500 square feet in area
2. 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
(f) Building Height and Area.
1. No building or parts of a building shall exceed 15 feet in height
2. The minimum floor area shall be 600 square feet
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk, and County Trunk highways; and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 10 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with [Code § 12.21-12.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (8/6/02).
1. Bakeries
2. Barber shops, beauty shops and salons
3. Bicycle Shops
4. Bookstores
5. Cafe / Coffee shops
6. Computer sales and repair shops
7. Bars / Taverns and wine taps (without outdoor dining, entertainment or recreation) (i.e., volleyball, horseshoes, etc.)
8. variety stores
9. Drug stores
10. Dry cleaning and laundry establishments
11. Flower shops
13. Hardware stores
14. Hobby, craft, toy and game shops
15. Liquor stores
17. Record and prerecorded tape stores
18. Restaurants (not including fast food and drive-ins)
19. Shoe repair stores
(c) Accessory Uses.
1. Garages for the storage of vehicles used in conjunction with the operation of the business
2. Off-street parking and loading
3. Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
4. Small wind energy system
5. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Flea Markets
2. Fueling stations
3. Utility substations
(e) Lot Area and Width.
1. 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.
2. 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height.
2. Buildings which are individual retail stores shall not exceed 2500 square feet in area and customer service establishments or offices shall not exceed 1500 square feet in area
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Code § 12.22-1.]
(a) Primary Purpose and Characteristics. 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 Kenosha County. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Any principal use permitted in the B-1 Neighborhood Business District.
2. Antique and secondhand stores (excluding pawnshops)
3. Appliance and furniture stores without related warehousing
4. Automotive and marine supply stores
5. Bowling alleys
7. Cafe / Coffee shops
8. Camera and photographic supply stores
9. Carpet and flooring stores
10. Caterers
11. Christmas tree sales
12. Civic, Social and Fraternal Associations
13. Clinics
14. Clothing, apparel and footwear stores
15. Commercial recreational facilities (indoor) such as bowling alleys, skating rinks, athletic clubs, tennis and handball courts, swimming pools
16. Delicatessens
17. Department stores
19. Financial Institutions
20. Funeral homes
21. Gift stores
23. Jewelry stores
24. Limited Adult Media Stores, as provided in section 12.33.060 (3/16/04)
25. Meat and fish markets
26. Music stores
27. Nightclubs and dance halls
29. Optical stores
30. Paint, glass and wallpaper stores
31. Parking lots (off-site)
32. Personal service establishments
33. Pet shops
34. Photocopying and Duplicating Services
35. Physical fitness facilities
36. Racquet ball and tennis courts (indoor)
37. Radio-T.V. broadcast studios
38. Restaurants, including fast food and drive-in restaurants and associated micro-brewery
39. Sign and banner shops
40. Sporting goods stores
41. Supermarkets
42. Theaters
43. Tobacco shops
44. Upholstery shops
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading areas
4. Residential quarters for the owner or proprietor, or rental apartments on a nonground floor level; provided, that there shall be a minimum floor area of 300 square feet for an efficiency or one bedroom apartment, 500 square feet for a two bedroom or larger apartment. There shall be no more than two (2) rental apartments per parcel above a B-2 district store or office. (8/6/02)
5. Small wind energy system
6. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Animal hospitals, shelters and kennels and veterinary services
2. Automotive sales, service, and mechanical repairs
3. Battery energy storage system – on-site five MW or greater
4. Boat Launches
5. Bus depots
6. Car washes
7. Commercial recreational facilities (outdoor)
8. Flea Markets
9. Fueling stations
10. Railroad depots
11. Tattoo and Body Piercing establishments
12. Utility substations
13. Restaurants, bars or taverns with outdoor dining, recreation, entertainment (i.e., volleyball, horseshoes, etc.)
(e) Lot Area and Width.
1. 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
2. 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
(f) Building Height.
1. No building or parts of a building shall exceed 35 feet in height, and
2. 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.
(g) Yards (8/6/02).
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard – not less than 10 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-2.]
(a) Primary Purpose and Characteristics. 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 ordinance 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (3/16/04).
1. Any principal use permitted in the B-1 Neighborhood Business District, B-2 Community Business District or B-4 Planned Business District
2. Adult establishments, as provided in section 12.33.060
3. Appliance and furniture stores with related warehousing
4. Garden supply stores
5. Gunsmith shop
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for the storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading
4. Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
5. Small wind energy system
6. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Arenas and stadiums
2. Automotive body repair
3. Automotive and marine sales, service and repairs including related towing
4. Battery energy storage system – on-site five MW or greater
5. Car washes
6. Concrete and asphalt batch plants temporarily located on a parcel
7. Convenient Cash Businesses
9. Flea markets
10. Fueling stations
11. Indoor Shooting Ranges
12. Self-storage Facilities
13. Pawnshops
14. Recreational vehicle, motor home, farm implement or similar large size vehicle or equipment sales involving extensive outdoor display and storage
15. Restaurants, bars or taverns with outdoor dining, entertainment or recreation (i.e., volleyball, horseshoes, etc.)
16. Tattoo and body piercing establishments
17. Truck stops, sales and service
18. Utility substations
19. Large wind energy system
(e) Lot Area and Width (3/16/04).
1. Individual businesses served by either public sanitary sewage facilities or 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-3.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (8/6/02). Any principal use allowed in the B-1 Neighborhood Business District, B-2 Community Business District or B-3 Highway Business District.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading areas
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Battery energy storage system – on-site five MW or greater
2. Flea Markets
3. Fueling stations
4. Utility substations
5. Large wind energy system
(e) Lot Area and Width.
1. Groupings of shops and businesses in the B-4 Business District shall provide a minimum area of two (2) acres and a minimum frontage of 200 feet in width.
2. 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not closer than 45 feet to any other lot line.
4. Rear yard - not closer than 45 feet to any other lot line.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
3. Holding tanks on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-4.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Office of Planning and Zoning Administration pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Wholesale and bulk sales, and warehousing of the following products; provided, that no outdoor storage is permitted:
a. Air conditioning, refrigerated equipment, and supplies.
b. Apparel, footwear and accessories.
c. Appliances, furniture and home furnishings.
d. Automobile equipment.
e. Beer, wine, and distilled alcoholic beverages.
f. Commercial and industrial machinery, equipment, and supplies.
g. Confectionery.
h. Drugs and pharmaceuticals
i. Electronics
j. Food and Groceries (dairy products, fish and seafood, fruit and vegetables, meat and meat products not including slaughtering and outdoor confinement)
k. Hardware.
l. Household goods.
m. Lumber and construction materials.
n. Metals and minerals.
o. Paint and varnishes.
p. Paper and paper products.
q. Plumbing and heating equipment and supplies.
r. Professional equipment and supplies.
s. Service establishment equipment and supplies
t. Textiles and fabrics
u. Tires and tubes.
v. Tobacco and tobacco products.
w. Transportation equipment and supplies.
2. Mail order distribution centers
3. Printing and publishing houses.
4. Refrigerated warehousing.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of a business.
3. Off-street parking and loading.
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (See also Section 12.40.080) (8/6/02).
1. Animal hospitals, shelters, veterinary services, and kennels accessory to a veterinarian or animal hospital.
2. Automotive sales, service and repairs including related towing.
3. Battery energy storage system – on-site five MW or greater
4. 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.
5. Freight terminals, yards, freight forwarding services, packing and crating services and related equipment storage and maintenance facilities.
6. Fuel oil, bottled gas, and ice dealers.
7. Fueling stations, automobile servicing and repair.
8. Indoor shooting ranges
9. Laboratories for testing, research, and experimental purposes.
10. Large wind energy system
11. Millwork, lumber yards, saw mills, and planing mills.
12. Petroleum stations and terminals
13. Self-storage facilities.
14. Water storage tanks and towers, radio and television transmitting and receiving towers, and microwave relay stations.
(e) Lot Area and Width.
1. 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.
2. 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.
(f) Building Height and Area.
1. No building and parts of a building shall exceed 35 feet in height.
2. 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.
(g) Reserved for future use.
(h) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk, or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard - not closer than 25 feet to any other lot line.
4. Rear yard - not closer than 25 feet to any other lot line. [Ord. 13 (2024); Code § 12.22-5.]
(a) Intent. Mindful of the fact that it is the intent of this Ordinance to protect the health, safety and morals of the citizens of Kenosha County and to further preserve the quality of family life and to preserve the rural and urban characteristics of its neighborhoods in Kenosha County and prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods, and also mindful of the effects of adult entertainment upon minors and the violation of civil rights of many persons partaking in such entertainment, and also mindful of the criminal activity and disruption of public peace associated with such establishments, and also mindful of the unsanitary and unhealthful conditions associated with such establishments, it is the intent of this section to regulate the location and certain characteristics of such establishments. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the adult establishment permit, if a sensitive land use is located within 1,000 feet of the adult establishment. By the enactment of this ordinance, the Kenosha County Board of Supervisors does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult entertainment.1
________________________
1
The following recitals were adopted as part of the Preamble to Ordinance 45 adopted by the Kenosha County Board on 3/16/04.
RECITALS
A. WHEREAS, the operation of adult establishments and certain activities that frequently occur in or around adult establishments tend to have adverse secondary effects on communities, including increasing criminal and other offensive activity, disrupting the peace and order of communities, depreciating the value of real property, harming the economic welfare of communities, encouraging or facilitating the spread of sexually transmitted diseases, and impairing the quality of life of the communities; and
B. WHEREAS, the adverse secondary effects of adult establishments are well documented in studies by other communities, including but not limited to studies by Phoenix, Arizona (1979); Tucson, Arizona (1990); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Adams County, Colorado (1998); Denver, Colorado (1998); Manatee County, Florida (1987); Indianapolis, Indiana (1984); Kansas City, Kansas (1998); Minneapolis, Minnesota (1980); St. Paul, Minnesota (1988); Las Vegas, Nevada (1978); Ellicottville, New York (1998); Islip, New York (1980); New York, New York (1994); Syracuse, New York (1999); New Hanover, North Carolina (1989); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977); Austin, Texas (1986);Beaumont, Texas (1982); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso, Texas (1986); Fort Worth, Texas (1986); Houston, Texas (1983 & 1997); Newport News, Virginia (1996); Bellevue, Washington (1988); Des Moines, Washington (1984); Seattle, Washington (1989); St. Croix County, Wisconsin (1993); and
C. WHEREAS, the adverse secondary effects of adult establishments are also reported in judicial opinions relating to adult establishments, including but not limited to City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); Young v. American Mini Theatres, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); United States v. Marren, 890 F.2d 924 (7th Cir. 1989); Tee & Bee, Inc. v. City of West Allis, 936 F. Supp. 1479 (E.D. Wis. 1996); Suburban Video, Inc. v. City of Delafield, 694 F. Supp. 585 (E.D. Wis. 1988); Urmanski v. Town of Bradley, 273 Wis. 2d 545, 613 N.W.2d 905 (Wis. App. 2000); Jake’s Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002); Déjà Vu of Nashville, Inc. v. Nashville, 274 F.3d 377 (6th Cir. 2001); Artistic Entertainment, Inc. v. City of Warner Robbins, 223 F.3d 1306 (11th Cir. 2000); Wise Enterprises, Inc., et al. v. Unified Government of Athensclarke County, Georgia, 217 F.3d 1360 (11th Cir. 2000); Stringfellow’s of New York, Ltd. v. City of New York, 91 N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (N.Y. 1998); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); Ben Rich Trading, Inc. v. City of Vineland, 126 F.3d 155 (3rd Cir. 1997); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Hang On, Inc. v. City of Arlington, 65 F. 3d 1248 (5th Cir. 1995); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); TK’s Video, Inc. v. Denton County, Texas, 24 F.3d 705 (5th Cir. 1994); LLEH, Inc. v. Wichita County, Tex., 289 F.3d 358 (5th Cir. 2002); Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); Mitchell v. Commission on Adult Entertainment Establishments of Delaware, 10 F.3d 123 (3rd Cir. 1993); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); and
D. WHEREAS, based on the above studies and cases, as well as the experiences of the County, its residents and communities, the Kenosha County Board of Supervisors finds that:
Adult establishments can and do impair the character and quality of surrounding neighborhoods, the value of surrounding properties, the economic welfare of communities, and the quality of life of residents;
Adult establishments contribute to the physical deterioration and blight of neighborhoods;
Adult establishments contribute to increased levels of criminal activities in neighborhoods where such establishments are located, including prostitution, promotion of prostitution, rape, sexual assaults, other assaults, other sex related crimes; robbery; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual molestation; molestation of a child; disorderly conduct; disturbances of the peace; drinking in public; drug use; drug dealing; littering; and other violations of the law;
The operation of adult establishments can impair property values and have other adverse secondary effects on property up to at least 1,000 feet from the adult establishments;
The impacts of adult establishments on the value of neighboring properties are greater on residential properties than nonresidential properties;
Adult retail establishments tend to have less significant secondary effects than adult entertainment establishments, and limited adult media stores, properly controlled, tend to have less significant secondary effects than other adult retail establishments.
Video viewing booths are often used by patrons of adult establishments for engaging in sexual acts, including masturbation, intercourse, sodomy, and oral copulation, resulting in unsafe and unsanitary conditions in the booths. Bodily fluids, including semen and urine, are often found in such booths. These fluids, and the activities that occur in video viewing booths, may spread communicable diseases, including, but not limited to, syphilis, gonorrhea, genital chlamydia trachomatis, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiosis, salmonella infections, and shigella infections;
Many adult entertainment establishments provide live entertainment in which physical contact between performers and customers, often sexual in nature, occurs and can occur, thus facilitating the transmission of various diseases and exposing performers to the risk of assaults and other unwelcome contact.
E. WHEREAS, the Kenosha County Board of Supervisors believes that the experiences, evidence and studies from other communities cited, set forth herein, and/or considered by the Board and the Planning, Development & Extension Education Committee in whole, part or summary, are relevant and important in understanding and addressing the secondary effects of adult establishments; and
F. WHEREAS, the secondary effects of adult establishments are detrimental to the public health, safety and general welfare of Kenosha County residents, businesses and visitors; and
G. WHEREAS, requiring adult establishments to locate in the vicinity of state trunk highways enhances the ability of county law enforcement personnel to monitor the establishments, and deter and respond to criminal activity at such establishments; and
H. WHEREAS, the Kenosha County Board of Supervisors has previously adopted regulations to limit the secondary effects of adult establishments within the County, including Kenosha County Ordinance Sections 12.37.030 and 12.40.080(b)2; and
I. WHEREAS, developments in the law subsequent to the adoption of those regulations may have rendered those regulations ineffective; and
J. WHEREAS, on August 20, 2002, the Kenosha County Board adopted Ordinance No. 21, establishing a moratorium on the acceptance of applications or issuance of permits for adult establishments under Section 12.37.030 of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance, and directing the Planning, Development & Extension Education Committee to review and recommend revisions to the regulations governing adult establishments; and
K. WHEREAS, the Planning, Development & Extension Education Committee has completed its review and made recommendations to the Kenosha County Board; and
L. WHEREAS, the Board has considered those recommendations and has determined that the techniques provided herein reduce the secondary effects of adult establishments while fully protecting the constitutional rights of citizens;
NOW, THEREFORE, … (The ordinance as adopted by the Kenosha County Board appears above in the text of this ordinance.)
(b) Definitions. For the purpose of this section:
1. Adult Bath House. An establishment or business which provides the services of baths of any kind, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner, professional physical therapist, or massage therapist licensed or registered by the State of Wisconsin, and which establishment provides to its patrons an opportunity to engage in “specified sexual activities” or to observe employees or independent contractors exhibiting “specified sexual activities” or “specified anatomical areas.”
2. Adult Body Painting Studio. An establishment or business wherein patrons are afforded an opportunity to paint images on the body of a person who is exhibiting “specified sexual activities” or “specified anatomical areas.” For purposes of this ordinance, the adult body painting studio shall not be deemed to include a tattoo parlor.
3. Adult Cabaret. An establishment or business which regularly or on a frequently recurring basis features live entertainment that is distinguished or characterized by an emphasis on the exhibiting of “specified anatomical areas” or “specified sexual activities” for observation by patrons therein, or which holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an establishment where such live entertainment is regularly or on a frequently recurring basis available, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to “adult entertainment,” “strippers,” “showgirls,” “exotic dancers,” “gentleman’s club,” or similar terms.
4. Adult Entertainment Establishment. Is defined to include adult cabarets, adult modeling studios, and adult motion picture theaters.
5. Adult Establishments. Is defined to include adult entertainment establishments and adult retail establishments as defined herein.
6. Adult Massage Parlor. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including, without limitation, exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner, professional physical therapist, or massage therapist licensed or registered by the State of Wisconsin and which establishment provides to its patrons an opportunity to engage in “specified sexual activities” or to engage in any method of rubbing, pressing, striking, kneading, tapping, pounding, vibrating or stimulating a “specified anatomical area” with the hands or with any instruments, or the opportunity to observe employees or independent contractors exhibiting “specified sexual activities” or “specified anatomical areas.”
7. Adult Media. Books, magazines, videotapes, movies, slides, CD-ROMs, posters, or other devices to display images, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas".
8. Adult Media Store. An establishment or business that rents and/or sells adult media and that meets any of the following three tests:
a. 40 percent or more of the gross public floor area is devoted to adult media.
b. 40 percent or more of the stock-in-trade consists of adult media.
c. The store advertises or holds itself out in any forum as a sexually oriented business
9. Adult Modeling Studio. An establishment or business which provides the services of live models modeling lingerie or transparent apparel to patrons or a business where a person who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Adult modeling studios shall not include a proprietary school licensed by the State of Wisconsin or a college, technical college, or university; or in a structure:
a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.
10. Adult Motion Picture Theater. An establishment or business located in an enclosed building and emphasizing or predominantly showing movies distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
11. Adult Motion Picture Theater (Outdoor). An establishment located on a parcel of land and emphasizing or predominantly showing movies out of doors for observation by patrons, which movies are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas".
12. Adult Novelty Shop. An establishment or business offering goods for sale or rent and that meets any of the following tests:
a. The establishment offers for sale items from any two of the following categories: (a) adult media, (b) lingerie, or (c) leather goods, marketed or presented in a context to suggest their use for flagellation or torture of a person clothed or naked, or the binding or other physical restraint of a person clothed or naked.
b. More than 5 percent of its stock in trade consists of instruments, devices, or paraphernalia either designed as representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
c. More than 5 percent of its gross public floor area is devoted to the display of instruments, devices, or paraphernalia either designed as representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
13. Adult Retail Establishments. “Adult Retail Establishments” is defined to include adult media stores, limited adult media stores, and adult novelty shops.
14. Gross Public Floor Area. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.
15. Limited Adult Media Store. An establishment that rents and/or sells adult media but is not an “adult media store” as defined in this Section, and that meets either of the following tests:
a. More than 10 percent but less than 40 percent of the gross public floor area is devoted to adult media
b. More than 10 percent but less than 40 percent of the stock-in-trade consists of adult media
16. “Sensitive land-use” is defined to include any and all of the following:
a. Property zoned or used for residential purposes
b. Property zoned or used for religious institutional purposes
c. An educational institution for students in twelfth grade or below
d. A library or museum
f. A day care center
g. A historic district
h. A facility predominantly serving individuals with a “developmental disability,” as that term is defined in sec. 51.01(5)(a) and (b), Wis. Stats., and subsequent amendments thereto.
i. A private youth development organization such as but not limited to YMCA, Junior Achievement, Boys Club of America and Campfire Girls.
17. “Sex toy” means an instrument, device, or paraphernalia either designed as a representation of human genital organs or female breast, or designed or marketed primarily for use to stimulate human genital organs
18. “Specified sexual activities” is defined as actual or simulated:
a. Exhibition of genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;
c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
19. “Specified anatomical areas” is defined as:
a. Less than completely and opaquely covered:
1) Human genitals, pubic region;
2) Buttock, anus, anal cleft;
3) Female breast below a point immediately above the top of the areola; and
b. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
20. Video-viewing booth. Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. A video viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains 600 square feet or more.
(c) Principal Uses.
1. Where the underlying zoning is B-2 Community Business District, Limited Adult Media Stores
2. Where the underlying zoning is B-3 Highway Business District,
a. Limited Adult Media Stores
b. Adult Cabarets
c. Adult Media Stores
d. Adult Modeling Studios
e. Adult Motion Picture Theaters
f. Adult Novelty Shops
(d) Prohibited Uses.
1. Adult Bath Houses
2. Adult Body Painting Studios
3. Adult Massage Parlors
4. Adult Motion Picture Theaters (Outdoor)
(e) Accessory Uses. Any accessory use authorized by the underlying zoning district may be an accessory use to an adult establishment. In no case shall an adult establishment be an accessory use to any principal use designated by any section of this ordinance.
(f) Underlying District Standards. Adult establishments shall comply with the standards of the zoning districts in which they are located, including standards relating to lot area and width, building height and area, yard requirements and sanitary sewer systems.
(g) General requirements and restrictions governing adult establishments. Except as provided below, all adult establishments shall comply with the following requirements and restrictions:
1. Intoxicating beverages shall not be sold or served.
2. Parking shall be provided in a lighted area, in conformity with applicable lighting and parking standards provided elsewhere in this Ordinance.
3. 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.
4. Signs advertising adult establishments shall conform with section 12.14.060 of this ordinance 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.
5. 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.
6. Other than limited adult media stores, signs at least one (1) 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.
7. 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.
8. The adult establishment shall clearly post and enforce a no loitering policy.
9. 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 sec. 944.21, Wis. Stats., or sec. 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 sec. 944.21(2), Wis. Stats., and sec. 9.10.2 of the Kenosha County Code of Ordinances, shall be strictly prohibited.
10. No video viewing booth(s) shall be established, operated or used in any adult establishment.
11. 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.
12. No residential quarters shall be allowed on premises with an adult establishment.
(h) Location requirements and restrictions.
1. No more than one adult establishment may be established on any one parcel.
2. No adult establishment may be established within 1000 feet of any other adult establishment.
3. No adult retail establishment may be established within 1000 feet of any “sensitive land-use.”
4. No adult entertainment establishment may be established within 1000 feet of any “sensitive land-use.”
5. All adult entertainment establishments shall be located within 300 feet of a State Trunk Highway right-of-way (Maintained & 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 Section 84.02(12) State Statutes 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.
6. 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.
7. The location requirements and restrictions specified in subsections 12.33.060(g)1 through 6 do not apply to limited adult media stores.
(i) Requirements Applicable to Limited Adult Media Stores Only. Adult media in a limited adult media store shall be kept in a separate room or section of the shop, which room or section shall:
1. not be open to any person under the age of 18; and
2. 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; and
3. 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; and
4. 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
5. provide signage at the entrance stipulating that persons under the age of 18 are not permitted inside.
(j) Additional Restrictions and Requirements Applicable to Adult Entertainment Establishments. Adult entertainment establishments shall comply with certain additional restrictions and requirements as set forth below:
1. 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:
a. Shows his/her genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering.
b. Shows the female breast with less than a fully opaque covering of any part of the nipple and areola.
c. Shows the human male genitals in a discernibly turgid state, even if fully and opaquely covered.
2. Adult Cabarets
a. Adult cabarets shall comply with section 12.11.040(e) of this ordinance relating to noise.
b. All live performers in an adult cabaret 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 enclosure of no less than 600 square feet.
3. Adult modeling studios.
a. 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.
4. Adult motion picture theaters.
a. Adult motion picture theaters shall show movies only in a room or other enclosed space of no less than 600 square feet.
(k) If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. [Code § 12.22-6.]
(a) Primary Purpose and Characteristics. 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- and multi-tenant professional offices, commercial uses, nonhazardous research and development facilities and high-technology manufacturing that functionally interact well together 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 particulate, 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 subsection shall have the right to file a petition with the Kenosha County Office of Planning and Zoning Administration pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Accounting, auditing, and bookkeeping services.
2. Architectural services.
3. Business/light industrial incubators
4. Commercial bakeries and trade and contractor’s offices.
5. Computer programming and other software services.
6. Corporate headquarters, manufacturing offices, and sales and distribution centers.
7. Data processing
8. Drafting services or quick reproduction services.
9. Financial institutions
10. Food, beverage, and milk processing and soft drink bottling plants.
11. Laboratories (scientific, medical, chemical), applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities.
12. Light manufacturing and assembling of electronic components, precision instruments and devices.
13. Light manufacturing, assembling or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.
14. Light industrial plants such as required for production of millwork, machine tools, paper containers, light metal fabrication, and similar small industries.
15. Manufacturing and bottling of nonalcoholic beverages.
16. Office supplies.
17. Packaging, processing & assembly of confections, cosmetics, electrical appliances, foods (except garbage, fish and fish products, meat and meat products), instruments, jewelry, tobacco and toiletries.
18. Printing, lithographing, blueprinting, photocopying, and publishing establishments.
19. Processing or compounding and packaging of drugs and other medical and pharmaceutical products.
20. 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, dog kennels, and funeral homes.
21. Refrigerated warehousing.
22. Research and development offices and testing laboratories.
23. Scientific or engineering school facilities or institutions.
24. Scientific and precision instruments.
25. Telecommunication and call centers
26. Testing centers.
27. Travel agencies
28. Warehousing completely within an enclosed building, but specifically excluding self-storage facilities.
29. Vocational, trade, technical, or industrial schools.
30. Wholesalers and distributors.
(c) Accessory Uses.
1. 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.
2. Associated retail sales or products manufactured or services provided, on the conditions that such accessory sales/services shall not exceed 25 percent of the building area and/or tenant area devoted to the principal use.
3. Independent uses that are customarily principal uses that provide support to businesses and employees of principal uses within the district, on the conditions that such uses shall not exceed 25 percent 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 daycare centers.
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses.
1. Utility substations
2. Large wind energy system
3. Parking structures
(e) Density and Dimensional Standards.
Minimum tract size | 35 acres |
Minimum lot area | 3 acres |
Minimum lot width | 150 feet |
Minimum open space | 25 percent |
1. 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; or
2. If the local municipality has a more restrictive standard.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 40 feet from the right-of-way of all other roads.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard and rear yard - not less than 40 feet in width on each side of all structures 35 feet or less in height, and not less than 50 feet in width on each side of all structures greater than 35.
(h) Authorized Sanitary Sewer Systems.
1. Public Sanitary Sewer
3. Holding tanks [Code § 12.22-7.]
(a) Primary Purpose and Characteristics. The B-94 Interstate Highway Business District is intended to provide for the orderly and attractive grouping of appropriate businesses along Interstate Highway 94 at a density where a full range of urban services is available for an intense office, retail, and customer service area 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 and dense development. The uses intended for this District may provide for taller buildings requiring a high level of public services including public sewer and water facilities and safety services such as police and fire protection within easy access. The B-94 Interstate Highway 94 Special Use Business District boundaries shall be limited to lands located within 1,000 feet of the Right-Of-Way and adjacent to Interstate Highway 94 (I-94), or within 1,000 feet of the Right-Of-Way and adjacent to the frontage roads of I-94. 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 ordinance (See Section 12.08.020).
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Corporate Headquarters
2. Hotels, conference and convention centers
3. Financial Institutions
(c) Accessory Uses.
1. Bakeries
2. Barber shops and beauty shops
3. Bookstores
4. Camera and photographic supply stores
5. Caterers
6. Clinics
7. Clothing and apparel stores
8. Delicatessens
10. Drug Stores
11. Dry cleaning and laundry establishments
12. Florists
13. Garages for the storage of vehicles used in conjunction with the operation of the business
14. Gift stores
15. Hobby and craft shops
16. Indoor recreation such as bowling alleys, skating rinks, athletic & health clubs, tennis, racquetball and handball courts, swimming pools
17. Jewelry stores
18. Liquor stores
19. Music stores
20. Nightclubs and dance halls
21. Off-street parking and loading
22. Optical stores
23. Restaurants, Bars and Taverns (without live entertainment)
24. Small wind energy system
25. Solar energy system
26. Sporting goods stores
27. Theaters
28. Tobacco shops
(d) Conditional Uses (see also section 12.40.080).
1. Outdoor dining, entertainment or recreation (i.e., volleyball, horseshoes, swimming pools etc.).
2. Utility substations
3. Large wind energy system
4. Parking structures
(e) Lot Area and Width.
1. Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area of 2.5 acres and a minimum lot frontage of 150 feet in width.
2. Required minimum open space of 35 percent, or if the local municipality has a more restrictive standard.
a. In the calculation of open space areas, the following shall be excluded: public or private street right-of-way, and railroad and utility rights-of-way.
(f) Building Height and Area.
1. Hotel, banks, and office buildings in the B-94 business district may not exceed a total height of 100 feet including any architectural roof features.
2. No maximum or minimum building area shall be required in the B-94 District due to the variety of uses within the District and the diverse building demands on each user.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard and rear yard - not less than 15 feet in width on each side of all structures 35 feet or less in height, and not less than 30 feet in width on each side of all structures greater than 35 in height but less than 75 feet in height, and not less than 40 feet in width on each side of all structures 75 feet or greater in height.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer [Code § 12.22-8.]
(a) Primary Purpose and Characteristics. 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 sections 12.11.010 through 12.11.040 of this ordinance. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (4/18/00). The processing, manufacturing and/or storage of the following including office buildings, office parks, and ancillary uses shall constitute the principal uses permitted in the M-1 Limited Manufacturing District:
1. Agricultural and general warehousing
2. Apparel and findings
3. Automatic temperature controls
4. Baked goods and bakery products
5. Blank books, loose-leaf binders and devices
6. Blending and preparing of flour
7. Books; publishing, printing and binding
8. Boot and shoe cut, stock and findings
9. Bottling and canning soft drinks and carbonated waters
10. Brooms and brushes
11. Candy and other confectionery products
12. Canned, frozen, and preserved fruits, vegetables, seafood and food specialties
13. Canvas products
14. Coffee roasting and coffee products
15. Commercial storage, curing, drying, churning, processing and packaging of agricultural products
16. Contract sorting, grading and packaging services for fruits and vegetables
17. Corn, wet milling
18. Costume jewelry, costume novelties, buttons, and miscellaneous notions
19. Curtains and draperies
20. Dental equipment and supplies
21. Drying and dehydrating fruits and vegetables
22. Electro typing and stereo typing
23. Engineering, laboratory, and scientific (other than chemical) and research instruments and associated equipment
24. Envelopes
25. Fabrics
26. Feeds prepared for animals and fowl
27. Flavor extracts and flavoring syrups
28. Flour and other grain mill products
29. Fluid milk processing
30. Footwear
31. Fresh or frozen fruits, fruit juices, vegetable and specialties
32. Fruit and vegetable pickling, vegetable sauces and seasoning, salad dressing preparation
33. Fur goods
34. Grain elevators and bulk storage of feed grains
35. Handbags and other personal leather goods
36. Hats, caps and millinery
37. Household furniture and furnishings
38. Ice
39. Ice cream and frozen desserts
40. Industrial leather, belting and packing
41. Jeweler’s findings and materials
42. Jewelry and precious metals
43. Lamps and lamp shades
44. Leather and sheeplined clothing
45. Leather gloves and mittens
46. Luggage
47. Macaroni, spaghetti, vermicelli, fettuccini, lasagna, angel hair and noodles
48. Malt liquors
49. Manifold business forms
50. Mechanical measuring and controlling instruments
51. Mens, youths and boys furnishings, work clothing and allied garments
52. Milling of rice, vegetable and soybean oil
53. Morticians’ supplies
54. Motion picture and video production
55. Musical instruments and parts
56. Newspapers; publishing, and printing
57. Office furniture
58. Office buildings, office parks, and ancillary uses, with or without space for principal or accessory manufacturing, assembly, repair or warehousing uses. Ancillary uses within office building or office parks include, but are not limited to: financial services such as banks, credit unions, savings and loan associations, and stock brokers; professional services such as medical, legal, and accounting services; personal services such as day care centers, dry cleaners, barbers and beauty shops; fast service printing and communication; food services such as restaurants and delicatessens; and convenience item retail stores. (4/18/00)
59. Ophthalmic goods
60. Optical instruments and lenses
61. Orthopedic, prosthetic and surgical appliances and supplies
62. Paperboard and cardboard
63. Paper coating and glazing
64. Partitions, shelving, lockers and office and store fixtures
65. Office and artists supplies
66. Photoengraving and photographic equipment and supplies
67. Pleating, decorative and novelty stitching
68. Poultry and small game dressing and packing providing all operations shall be conducted within an enclosed building
69. Preparation of cereals
70. Preparation of feeds for animals and fowl
71. Printing, commercial
72. Production of chocolate and cocoa
73. Production of condensed and evaporated milk
74. Production of creamery butter
75. Production of flour and other grain mill products
76. Production of frozen fruits, fruit juices, vegetables and other specialties
77. Production of natural and processed cheese
78. Production of wine, brandy, and brandy spirits
79. Raincoats and other waterproof outer garments
80. Sanitary paper products
81. Sausages and other prepared meat products provided that all activities are conducted within an enclosed building
82. Seed and grain processing and preparation
83. Signs and advertising displays
84. Sugar processing and production
85. Surgical and medical instruments and apparatus
86. Tobacco products
87. Toys, amusement, sporting and athletic goods
88. Typesetting
89. Umbrellas, parasols, and canes
90. Vegetable oil milling
91. Venetian blinds and shades
92. Wallpaper
93. Self-Storage Facilities
94. Watches, clocks, clockwork operated devices, and parts
95. Wet milling of corn
96. Womens’, misses, Jr. girls and infants furnishings, work and dress clothing and allied garments
97. Yarns and threads
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the industry
3. Office, storage, power supply and other uses normally auxiliary to the principal industrial operations
4. Off-street parking and loading areas
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Auto-truck body and engine repair and painting
2. Battery energy storage system – on-site five MW or greater
3. Concrete and asphalt batch plants located on a parcel
4. Flea Markets
5. Freight terminals, yards, freight forwarding services, packing and crating services and related equipment storage and maintenance facilities.
6. Malt production
7. Millwork, lumber yards, saw mills and planing mills
8. Packing and crating services
9. Petroleum bulk stations and terminals
10. Processing of hardwood dimension, flooring, veneer, and plywood
11. Retail or wholesale sales of manufactured products on premises
12. Utility substations
13. Large wind energy system
(e) Lot Area and Width.
1. Individual industries 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
2. Individual industries 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
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height
2. No maximum or minimum building area shall be required in the M-1 Limited Manufacturing District due to the variety of uses within this district and the diverse building demands of each use
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-1.]
(a) Primary Purpose and Characteristics. The M-2 Heavy Manufacturing District is intended to provide for manufacturing and industrial development of a more general nature than in the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility. Such districts should not normally abut directly upon residential districts nor be less than 10 acres in area. All uses in the M-2 Heavy Manufacturing District shall comply with the performance standards set forth in sections 12.11.010 through 12.11.040 of this ordinance. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (4/18/00). In addition to those industrial and office uses permitted in the M-1 Limited Manufacturing District (together with M-1 district ancillary uses), the processing, manufacturing and/or storage of the following shall constitute principal uses permitted in the M-2 Heavy Manufacturing District:
1. Aircraft and parts
2. Aluminum, primary production
3. Aluminum, rolling, drawing and extruding
4. Asphalt, felts and coating
5. Automobile manufacturing
6. Batteries
7. Bedding
8. Biological products
9. Blast furnaces, steel works, and the rolling of ferrous metals
10. Bleach
11. Bone
12. Bottling of alcoholic beverages
13. Brass works
14. Brick and structural clay tile
15. Candles
16. Canneries
17. Carbon black
18. Carpeting
19. Celluloid
20. Cement
21. Ceramic floor and wall tile
22. Charcoal
23. Clay Building Material and Refractories
24. Coal-tar
25. Coke
26. Coding, engraving and allied services
27. Cold, rolled steel sheets, strips and burrs
28. Cold storage warehouses, commercial service facility
29. Communications equipment
30. Concrete and concrete products
31. Condensories
32. Construction and prefabrication of wood buildings and structures, mobile homes and construction of wooden containers
33. Construction, mining, and materials handling machinery and equipment
34. Copper, drawing and extruding
35. Copper, primary smelting and refining
36. Cordage
37. Creameries
38. Cutlery, hand tools, and general hardware
39. Dextrin
40. Disinfectant
41. Electrical lighting and wiring equipment
42. Electrical industrial apparatus
43. Electrical transmission and distribution equipment
44. Electro metallurgical products
45. Electronic components and accessories
46. Engines and turbines
47. Excelsior
48. Farm machinery and equipment
49. Feed Mills
50. Felt
51. Fine earthenware, table and kitchen articles
52. Fish by-products
53. Food locker plants
54. Fur dressing and dying furs
55. Gelatin
56. Glass manufacturing
57. Glue and gelatin
58. Guns and related equipment
59. Gypsum products
60. Hair products
61. Heating apparatus and plumbing fixtures
62. Household appliances
63. Ice
64. Ink, printing
65. Lime
66. Lime products
67. Linoleum, asphalt-base and other hard surface floor coverings
68. Lithographing
69. Matches
70. Meat (frozen storage)
71. Metal cans
72. Metal products, fabricated structural
73. Metal stamping
74. Metal working machinery
75. Motor vehicles and motor vehicle equipment
76. Motorcycles, bicycles and parts
77. Musical and sound equipment
78. Nonferrous metals, rolling, drawing and extruding
79. Nonferrous wire, drawing and insulating
80. Office, computing and accounting machines
81. Oil cloth
82. Paper
83. Pea viners
84. Perfume, cosmetics and other toilet preparations
85. Pharmaceutical preparations
86. Plaster of paris
87. Polish
88. Porcelain electrical supplies
89. Potash
90. Pulp
91. Pyroxylin
92. Radio and television receiving sets
93. Railroad equipment
94. Reclaiming rubber, metal, paper and other resources
95. Rope
96. Rubber products
97. Screw machine products and bolts, nuts, screws, rivets and washers
98. Service industry machines
99. Shoddy
100. Shoe and ramp blacking
101. Signaling and fire control equipment
102. Size
103. Soap and detergents
104. Special cleaning, polishing and sanitation preparations
105. Starch
106. Steel wire drawing, and steel rails and spikes
107. Sugar
108. Textile and Fabric Finishing Mills
109. Tires and innertubes
110. Tool and die making
111. Trade and contractor offices
112. Vitreous china plumbing fixtures, china, earthenware fittings and bathroom fixtures
113. Warehousing
114. Weaving
115. Wire products, fabrication
116. Wood pressing
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the industry
3. Offices, storage, power supply, and other uses normally auxiliary to the principal industrial operations
4. Off-street parking and loading areas
5. Retail stores and service facilities, such as retail outlet stores, surplus goods stores, and restaurants and food service facilities when established in conjunction with the permitted manufacturing or processing facility
6. Small wind energy systems
7. Solar energy system
8. Wholesale stores
(d) Conditional Uses (see also section 12.40.080) (8/6/02). In addition to those industrial conditional uses permitted in the M-1 Limited Manufacturing District, the following shall constitute conditional uses in the M-2 Heavy Manufacturing District:
1. Abrasives
2. Animal reduction
3. Battery energy storage system – on-site five MW or greater
4. Bus terminals and related equipment storage and maintenance buildings
5. Chemicals determined to be nontoxic by the U.S. Environmental Protection Agency and the Kenosha County Office of Emergency Services
6. Coal and bone distillation
7. Concrete and asphalt batch plants
9. Dye
10. Electrical and steam generating plants
11. Fertilizer production, sales, storage, mixing and blending. Said fertilizers shall be determined to be nontoxic by the Kenosha County Office of Emergency Services.
12. Flea Markets
13. Forges
14. Foundries
15. Fuel
16. Gasohol and fuel-related alcohol plants
17. Insulating materials determined to be nontoxic by the U.S. Environmental Protection Agency and the Kenosha County Office of Emergency Services
18. Laboratories
19. Lacquer, paint, stain
20. Large wind energy system
21. Livestock sale facilities
22. Living quarters for watchmen or caretakers
23. Lubricating oils and grease
24. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, flammables, glue, grains, grease, lard, plastic, radioactive materials, shellac, soap, tires, turpentine, vinegar and yeast
25. Meat packing, slaughterhouse and production of sausages and other meat products
26. Motor Freight
27. Offal
28. Outside storage and manufacturing
29. Plastic materials and synthetic resins, synthetic rubber, and synthetic and other man-made fibers and products
30. Power and heat generating plants
31. Production of animal and marine fats and oils
32. Production of shortening, table oils, margarine, and other edible fats and oils
33. Railroad terminals and freight yards
34. Refineries
35. Rendering plants
36. Road test facilities
37. Salvage yards
38. Sewage treatment plants
39. Ship and boat building and repair
40. Smelting and refining of all metals and alloys
41. Stockyards
42. Tanneries
43. Utility substations
44. Towing with outside storage
(e) Lot Area and Width.
1. Lots shall have a minimum area of 40,000 square feet, and
2. All such lots shall have a frontage of not less than 150 feet in width
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height
2. No maximum or minimum building area shall be required in the M-2 district due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-2.]
(a) Primary Purpose and Characteristics. The M-3 Mineral Extraction District is intended to provide for the orderly continuation of existing quarries and related operations and to provide for new operations that provide maximum protection to the natural environment. This district further provides for the restoration of quarries in a manner that will not deteriorate the natural environment of Kenosha County. 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 ordinance (See Section 12.08.020).
(b) Principal Uses. No principal uses shall be permitted in the M-3 Mineral Extraction District and all uses within this district shall be principal uses.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Parking areas and storage garages
3. Related office facilities and power supplies
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/9/94).
1. Battery energy storage system – on-site five MW or greater
2. Caretaker’s quarters
3. Concrete and asphalt batch plants
4. Large wind energy system
5. Manufacturing of cement or concrete products
6. Manufacturing of lime, gypsum or plaster of paris
8. Storage of mineral products or machinery
9. Storage and stockpiling of clean fill
10. Utilities and substations
11. Washing, refining or processing of rock, slate, gravel, sand or minerals processed from the top soil
(e) Lot Area and Width.
1. Lots in the M-3 Mineral Extraction District shall provide sufficient area for all structures, the extractive industrial operation, off-street parking and loading as required in sections 12.13.020 and 12.13.030 of this ordinance and all required yards.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height, and
2. No maximum or minimum building area shall be required in the M-3 Mineral Extraction District due to the variety of uses within the district and the diverse building demands of each use.
(g) Yards.
1. Extractive industrial operations shall be set back a minimum of 200 feet from the right-of-way of all highways or roads, and all property lines.
2. Utilities, and accessory uses such as offices, parking areas and stockpiles shall be set back a minimum of 100 feet from the right-of-way of all highways or roads and all property lines.
(h) Authorized Sanitary Sewer Systems.
2. Public Sanitary Sewer System
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-3.]
(a) Primary Purpose and Characteristics. The purpose of the M-4 Sanitary Landfill and Hazardous Waste Disposal District is to regulate land uses associated with the handling of materials that may be hazardous or harmful to public health and to the environment. These include micro-organism cultures, pesticides, biological products, infectious agents, and other toxic and hazardous substances. In order to provide for assurance, accountability, monitoring, and proper review of site operations and conditions involved in the handling of hazardous and potentially hazardous wastes, the M-4 Sanitary Landfill and Hazardous Waste Disposal District is created. This district is also intended to provide for the protection of the public, public safety, public welfare, health and convenience resulting from discharge of hazardous materials into the environment. 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 ordinance (See Section 12.08.020). (8/6/02)
It is recognized that it is neither possible nor practical to list all of the principal and accessory uses that are hazardous, in fact, or potentially hazardous. Accordingly, the following list of principal, accessory, and conditional uses is illustrative only. Any individual aggrieved by the failure to list a particular use may file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this Ordinance for a determination as to the similarity or dissimilarity of any use.
(b) Principal Uses. No principal use shall be permitted as a matter of right in the M-4 Sanitary Landfill and Hazardous Waste Disposal District.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
(d) Conditional Uses.
1. Battery energy storage system – on-site five MW or greater
2. Sanitary landfills operated in accordance with the provisions of Chapters NR 500 through NR 551 of the Wisconsin Administrative Code and amendments thereto
3. Manufacture of substances where EPA certified priority pollutants such as Naphthalene, Phenols, and Polychlorinated Biphenyls (PCBs) may be a byproduct of such operation
4. Hazardous waste warehousing and transfer stations
5. Garbage incineration or waste reduction
6. Large wind energy system
7. Medical waste incineration or waste processing
8. Recycling centers and warehousing of recovered resources
(e) Lot Area and Width.
2. Lots shall have a frontage of not less than 660 feet in width
(f) Building Height.
1. No building or parts of a building shall exceed 60 feet in height
(g) Yards.
1. Street Yard - not less than 200 feet from the right-of-way of all Federal, State, and County Trunk highways, and the right-of-way of all other roads (8/6/02)
2. Shore Yard - not less than 200 feet from the ordinary high water mark of any navigable water
3. Side Yard - not less than 200 feet to an adjacent property line
4. Rear Yard - not less than 200 feet to an adjacent property line
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
2. On-side soil absorption sewage disposal system
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-4.]
(a) Primary Purpose and Characteristics. The I-1 Institutional District is intended to provide for areas which are under private or public ownership and where the uses in those areas for public purposes or institutional purposes, whether public or private, are anticipated to be permanent. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Churches
2. Hospitals, sanitariums, nursing homes and clinics
3. Libraries, museums and art galleries
4. Private youth development organizations such as YMCA, Junior Achievement, Boys Club of America and Campfire Girls
5. Public or private schools, colleges and universities
6. Public administrative offices and public service buildings including fire and police stations, community centers, public emergency shelters
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the principal use.
3. Residential quarters for caretakers or clergy
4. Service buildings and facilities normally accessory to the principal uses
5. Solar energy system
6. Small wind energy system
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airport, heliport pads, aircraft hangars for storage and equipment maintenance; aircraft sales and service.
3. Battery energy storage system – on-site five MW or greater
4. Bus terminals.
5. Cemeteries.
6. Large wind energy systems.
7. Penal, reform, disciplinary and mental institutions.
8. Power and heat generating plants.
9. Railroad depots.
10. Solar farms.
11. School auditoriums, gymnasiums and stadiums.
12. Utility substations.
13. Water storage tanks and towers and radio and television transmitting and receiving towers, microwave relay stations.
(e) Lot Area and Width.
1. Institutional uses 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, and
2. Institutional uses 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. No maximum or minimum building area shall be required in the I-1 Institutional District due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer systems
2. On-site sewage disposal absorption system [Ord. 13 (2024); Ord. 6 (2022); Code § 12.24-1.]
(a) Primary Purpose and Characteristics. The PR-1 Park-Recreational District is intended to provide for areas where the recreational needs, both public and private, of the populous can be met without undue disturbance of natural resources and adjacent uses. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Bike trails
3. Botanical gardens
4. Cross country ski trails
5. Fairgrounds
6. Historic monuments or sites
7. Hiking and nature trails and walks
8. Hunting and fishing clubs
9. Neighborhood tot lots
10. Outdoor skating rinks
11. Parks and playgrounds
12. Picnicking areas
13. Playfields or athletic fields
14. Ski hills without facilities
15. Sledding, skiing or tobogganing
16. Tennis courts
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Bathhouses and locker rooms
3. Equipment storage facilities
4. Pavilion and restroom facilities
5. Solar energy system
6. Small wind energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Amusement Parks, carnivals, circus, fairground and exposition grounds
2. Archery and firearm ranges (outdoors)
3. Arena, stadium, coliseums, auditoriums and gymnasiums
4. Assemblies over 5,000
5. Battery energy storage system – on-site five MW or greater
6. Beaches, and public swimming pools
7. Campgrounds (rental)
8. Conversion of a resort into a residential condominium (8/15/89)
9. Golf Courses
10. Golf driving ranges
11. Large wind energy system
12. Marinas and marine sales and services
13. Minibike trails
14. Recreational vehicle (RV) campground or subdivisions
15. Resorts
16. Skeet and trap shooting ranges
17. Ski hills with restaurants and ski shops
18. Snowmobile trails
19. Sportsmen clubs
20. Summer theaters and amphitheaters or band shells
21. Zoological and botanical gardens
(e) Lot Area and Width.
1. Lots in the PR-1 Park-Recreational District shall provide sufficient area for the principal structure or use and accessory structures, off-street parking and loading, the disposal of sanitary waste if a public sanitary sewage system is not available, and required yards
(f) Building Height and Area.
1. No building or part of a building shall exceed 100 feet in height
2. No maximum or minimum building area shall be required in the PR-1 Park-Recreational District due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State trunk or County trunk highways; and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 40 feet in width on each side of all structures
4. Rear yard - not less than 40 feet
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank [Ord. 13 (2024); Code § 12.24-2.]
(a) Primary Purpose and Characteristics. The C-1 Lowland Resource Conservancy District is intended to be used to prevent destruction of valuable natural or manmade resources and to protect water courses and marshes including the shorelands of navigable waters, and areas that are not naturally drained, or which are subject to periodic flooding, where development would result in hazards to health or safety or would deplete or destroy natural resources or be otherwise incompatible with public welfare.
(b) Designation of Lowland Conservancy Areas. For the purpose of determining which areas are to be located in the C-1 Lowland Resource Conservancy District, the Kenosha County Department of Planning and Development shall develop district maps reflecting the best data available. The district delineation process shall make use of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer or other maps that reflect the best data available. This District includes all shoreland areas that are considered wetlands as defined in this Ordinance and as mapped and/or determined as wetlands in this Ordinance. Shoreland/Wetlands designated on the Wisconsin Wetland Inventory Maps prepared by the WDNR as also depicted on the Department of Natural Resources Surface Water Data Viewer are also referred to as being located in the “Shoreland-Wetland Zoning District” as defined in this Ordinance. Said Shoreland/Wetlands are subject to the regulations of this Section.
(c) Mapping Disputes in the C-1 District. Whenever it is alleged that a discrepancy exists between a Lowland Resource Conservancy District delineation and actual field conditions, the staff of the Kenosha County Department of Planning and Development shall resolve the discrepancy in the following manner:
1. The Kenosha County Department of Planning and Development staff shall request that the staff of the Wisconsin Department of Natural Resources determine if the map is in error. If the Department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the County shall have the authority to immediately grant or deny a shoreland zoning permit in accordance with the applicable regulations based on the Department determination as to whether the area is wetland
2. The Kenosha County Department of Planning and Development shall notify the property owner of the preliminary results of the field investigation. The property owner shall determine, within 30 days, whether he will pursue a final wetland determination on the property.
3. Should the property owner decide to pursue a final wetland determination, he shall have a plat of survey prepared by a Wisconsin Registered Land Surveyor. The plat of survey shall show all property lines, structures on the lot or parcel, and the location of the wetland boundary as staked in the field. The plat of survey shall be filed with the Kenosha County Department of Planning and Development.
4. The Kenosha County Department of Planning and Development shall institute the appropriate action to change the Zoning Map to conform to the plat of survey. No fee shall be required of the property owner for this action.
(d) Principal Uses.
1. The following uses provided they do not involve filling, flooding, draining, dredging, ditching, tiling, or excavation:
a. Hiking, fishing, trapping, hunting, swimming, and boating, unless otherwise prohibited by law.
b. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
c. The pasturing of livestock;
d. The cultivation of agricultural crops;
e. The practice of silviculture, including the planting, thinning, and harvesting of timber; and
f. The construction or maintenance of duck blinds.
2. The following uses which may involve filling, flooding, draining, dredging, ditching, tiling, and excavating but only to the extent specifically provided below:
a. Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;
b. The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries,
c. The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;
d. The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
e. The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and
f. The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(e) Conditional Uses (see also section 12.40.080). No conditional uses shall be permitted in the C-1 Lowland Resource Conservancy District except:
1. Roads necessary to conduct silvicultural and agricultural cultivation activities.
2. Nonresidential buildings for wildlife management.
4. Railroad lines.
5. Utilities.
6. Wildlife ponds. (6/2/92)
(f) Lot Area. Where a lot or parcel is located partially within a C-1 Lowland Resource Conservancy District and partially within an adjoining use district, that area of the lot or parcel in the C-1 District may not be used to meet the lot area requirement of the adjoining district where public sanitary sewerage facilities are available. Where public sanitary sewerage facilities are not available, the area of the lot or parcel in the C-1 District may be used to meet the lot area requirement provided that at least 40,000 square feet is provided outside the C-1 District. (8/6/02)
(g) Structures. No structure shall be permitted, except those permitted by conditional use grant, in the C-1 Lowland Resource Conservancy District. Furthermore, no on-site soil absorption sanitary sewage system, holding tank, or private well used to obtain water for ultimate human consumption shall be constructed in the C-1 Lowland Resource Conservancy District.
(h) Platting Subdivisions (8/6/02). When platting new subdivisions, every effort shall be made to contain lands zoned C-1 Lowland Resource Conservancy District in outlots to be owned and controlled by a community association.
(i) Prohibited Uses. Any use not listed in section 12.36.010(d) is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 12.36.010(c) of this ordinance and s. 59.69(5)(e), Wis. Stats. [Code § 12.25-1.]
(a) Primary Purpose and Characteristics. The C-2 Upland Resource Conservancy District is intended to preserve, protect, enhance and restore all significant woodlands, areas of rough topography, and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of Kenosha County.
(b) Principal Uses.
1. Agricultural uses
2. Hunting and fishing
3. Preservation of scenic, historic and scientific areas
4. Forest and game management
6. One single-family dwelling
(c) Accessory Uses.
1. Gardening, tool and storage sheds incidental to the residential use
2. General farm buildings, including barns, silos, stables, sheds, and storage bins
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Utility substations
2. Wind energy conversion system
3. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
1. Parcels shall have a minimum area of five acres
2. All such parcels have a frontage of not less than 300 feet in width except 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or part of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1400 square feet with a minimum first floor area of 1000 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yards - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer [Code § 12.25-2.]
(a) Primary Purpose and Characteristics. The FPO Floodplain Overlay District is hereby created pursuant to the mandates of Wisconsin Statute section 87.30 for the purpose of regulating all floodplains where serious flood damage may occur. The purpose of these regulations is to provide for sound floodplain management in Kenosha County so as to:
1. Protect life, health and property
2. Minimize expenditures of public monies for costly flood control projects
3. Minimize rescue and relief efforts, generally undertaken at the expense of the general public
4. Minimize business interruptions
5. Minimize damage to public facilities on the floodplains, such as water mains, sewer lines, streets and bridges
6. Minimize the occurrence of future flood blight areas on floodplains
7. Discourage the victimization of unwary land and home buyers
8. Preserve essentially open space of natural use lands which are unsuitable for intensive development purposes due to poor natural soil conditions and periodic flood inundation
9. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners
10. Regulate floodplain areas so as to maintain and improve water quality, protect aquatic and wildlife habitat and prohibit the location of structures on soils which are generally not suitable for such use
(b) Definitions, (See Appendix A)
(c) Designation of Floodplain Areas. The FPO Floodplain Overlay District is those areas that may be covered by floodwater during the regional flood including the floodway and are contained within AE, A, AH, and AO Zones as shown on the appropriate FEMA mapping panel of the FIRM
(d) Principal Uses. Any use of land, except structures, that is permitted in the underlying basic use district shall be permitted. Examples of such use would be croplands in any agricultural district; required yards in a residential district; or parking and loading areas in a commercial or industrial district; provided, that inundation depths for parking and loading areas do not exceed two feet or that such areas are not subject to flood velocities greater than two feet per second upon the occurrence of a 100 year recurrence interval period. (2/6/90)
1. No floodplain development shall:
a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b. Cause any increase in the regional flood height due to floodplain storage area lost.
2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of 12.60.010 Amendments are met.
(e) Conditional Uses (subject to section 12.37.010(d) 1 and 2 above) (see also section 12.40.080).
1. Bridges and approaches
2. Filling as authorized by the Wisconsin Department of Natural Resources and the United States Army Corp of Engineers to permit the establishment of approved bulkhead lines
3. Municipal water supply and sanitary sewage lines
4. Park and recreational areas not including structures
5. Public water measuring and control facilities done in accordance with the provisions of section NR116.17 of the Wisconsin Administrative Code
6. Utility facilities (except buildings and substations) such as underground water tight conduits, telephone and electric poles, etc., constructed in conformance with section NR116.17 of the Wisconsin Administrative Code.
(f) Lot Area. Where a lot or parcel is located partially within a floodplain and partially within an adjoining use district, that area of the lot or parcel in the floodplain may be used to meet the lot area requirements of the adjoining district provided that at least 50 percent of the minimum lot area requirement is provided outside the floodplain where public sanitary sewerage facilities are available, and at least 40,000 square feet is provided outside the floodplain where public sanitary sewerage facilities are not available. (11/5/84)
(g) Dumping, Filling, Excavation and Obstructions Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be obstructed in any manner, nor shall such lands be used for dumping of any material or substance (including manure) or be filled, except as authorized to permit the establishment of approved bulkhead lines or to accommodate bridge approaches. Excavation in the Floodplain area shall be prohibited, except that normal earth grading activities as defined in this ordinance to permit utilization of the lands for open space, outdoor recreation, yard, parking, and similar uses are permitted.
(h) Storage of Materials Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be used for the storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish or other aquatic life.
(i) Incompatible Uses Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be used for any solid waste disposal site, on-site soil absorption sanitary sewage system site, wastewater treatment ponds or facilities, holding, private or public sewage systems, solid or hazardous waste disposal sites, holding tanks, or the construction of any wells used to obtain water for ultimate human consumption. The restricted confinement or permanent sheltering of animals shall be prohibited.
(j) Structures Prohibited. Except for public water measuring and control facilities, bridges and utilities, NO structures, dwellings, mobile/manufactured homes or shelters shall be located, moved or placed on lands in the FPO Floodplain Overlay District. This section shall be strictly construed and shall not be subject to variances.
(k) Channel Structures. In addition to the above structures, the erection of all structures in a channel shall require a permit issued by the DNR pursuant to ch. 30, Stats. and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable. All bulkheads, wharves and piers shall comply with bulkhead or pierhead lines established by any municipality pursuant to ch. 30, Stats. Wisconsin Statutes.
(l) Dam Construction. Dam construction, operation, maintenance and abandonment are uses requiring a public hearing before the Planning, Development & Extension Education Committee in accordance with section 12.40.050 of this ordinance. This committee shall then advise the State agency having jurisdiction under section 31.05, 31.07, 31.13 and 31.185 of the Wisconsin Statutes of its findings prior to the issuance of the required State permit. (11/5/84)
(m) Removal of Trees and Shrubs. The removal of trees, shrubs and foliage from the Floodplain Overlay District shall be prohibited unless conducted in accordance with section 12.09.020 and with the further provision that such activity is conducted in a manner so as to be consistent with sound floodplain management. [Code § 12.26-1.]
(a) Purpose and Intent. It is hereby the finding of the Kenosha County Board of Supervisors that the protection, enhancement, perpetuation and use of improvements in areas of special character or special historical interest or value may be required in the public interest. The purpose of this district is to:
1. Effect and accomplish the protection, enhancement and perpetuation of such improvements and areas which represent or reflect elements of the County’s cultural, social, economic, political and architectural history.
2. Safeguard the County’s historic and cultural heritage, as embodied and reflected in such landmarks and historic districts.
3. Stabilize and improve property values.
4. Foster civic pride and promote education in the beauty, culture, tradition, and noble accomplishments of the past.
5. Protect and enhance the County’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
6. Strengthen the economy of the County.
This district may be implemented only upon creation of a historical preservation commission created pursuant to subsection (d) of this section.
(b) Definitions. In this section, unless the context clearly requires otherwise:
1. “Historic area” means a designated area or areas containing one or more landmarks as well as those abutting improvement parcels which have been determined to fall under the provisions of this section to assure that their appearance and development is harmonious with such landmarks.
2. “Improvement” means any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment.
3. “Improvement parcel” is the unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes, provided, however, that the term “improvement parcel” shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
4. “Landmark” means any improvement, parcel of land, or area designated as such pursuant to this ordinance and which:
a. Has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the County, state or nation or reflects the broad political, economic or social history of the County, state or nation, or
b. Has substantial value in tracing the history of aboriginal man, or
c. Is the site of an historic event which has occurred or is identified with historic personages or with important events in national, state or local histories, or
d. Embodies the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship, or
e. Is representative of a notable work of a master builder, designer or architect whose individual genius influences his age.
(c) Historical Overlay District Designation. For purpose of this ordinance, a Historical Overlay District designation may be placed on any site which may be designated as a “landmark” or “historic area” pursuant to the provisions of this section.
(d) Advisory Historical Preservation Commission – Composition and Terms. An Advisory Historical Preservation Commission may be created without further town board approval, consisting of seven (7) members. Of the membership, one shall be a registered architect; one shall be a historian qualified in the field of historic preservation; one shall be a licensed real estate broker; one shall be a County Board Supervisor; and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in landmark preservation. The County Executive shall appoint the commissioners subject to confirmation by the County Board. Of the initial members so appointed two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years.
(e) Duties of Historical Preservation Commission.
1. Recommendation. The commission shall have the responsibility subject to subsection (f) of this section, to recommend the designation of historical overlay districts as defined in this section within the unincorporated areas of the County. Such recommendation shall be made in accordance with the criteria set forth in this section.
2. In addition, the commission shall:
a. Actively work for the passage of enabling legislation which would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this section in order to encourage historic district owners to assist in carrying out the intent of this ordinance.
b. Work closely with the State of Wisconsin liaison officer and the Governor’s liaison committee for National Register of Historic Places of the United States National Park Service in attempting to include such properties hereunder designated as historic districts on the Federal Register.
c. Work for the continuing education of the citizens about the historic heritage of this County and the historic districts designated under the provisions of this section.
d. Receive and solicit funds, as it deems advisable, for the purpose of historic district preservation in the County. Such funds shall be placed in a special county account for such purpose.
(f) Procedures.
1. Designation of Historical Overlay Districts. The commission may, after notice and public hearing, recommend the establishment of historical overlay districts, or recommend the recision of such designation, after application of the criteria set forth in this section. At least ten (10) days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the County Assessor, who are owners of property in whole or in part situated within five hundred (500) feet of the boundaries of the property affected. These owners shall have the right to confer with the commission prior to final action by the commission on the designation. Notice of such hearing shall also be published as a Class 1 Notice, under the Wisconsin Statutes. The Commission shall also notify the following: the Town Board wherein the District is proposed or located, the County Park Commission and the Kenosha County Department of Planning and Development. Each such department may respond to the commission within thirty (30) days of notification with its comments and proposed recommendation. The commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The commission may conduct an independent investigation into the proposed designation or recision. Within ten (10) days after the close of the public hearing, the commission may recommend designating the property as an historical overlay district or recommend recision of such designation.
2. Petition for Historical Overlay District. After the recommendation set forth in subsection 1 has been made, the commission shall petition the Kenosha County Planning, Development & Extension Education Committee for a rezoning of the subject property or properties from its original zoning classification to an Historical Overlay District or in the alternative, may petition that property currently located in the Historical Overlay District be rezoned. Where the property has been rezoned to a Historical Preservation District, only those uses permitted in the underlying district shall be permitted. The underlying district may be changed without additional costs at the same time as the Historical Preservation District is created. The Planning, Development & Extension Education Committee shall follow the procedures outlines in section 12.58 of this ordinance in proceeding with the petition for an amendment to this ordinance. (11/5/84)
3. Historical Overlay District Preservation Plan. At the public hearing held before the Planning, Development & Extension Education Committee pursuant to section 12.58 of this ordinance, the Commission shall present an Historical Overlay District Preservation Plan prepared for the Commission by an architect or historian which shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives. At the public hearing before the Planning, Development & Extension Education Committee, the Committee shall make findings that the proposed area or areas are suitable for designation by the County board as “landmark” or “historic areas” and therefore for historic preservation and set forth the reasons for such finding. In addition, the committee shall adopt the Historical Overlay District Preservation Plan without change. Guidelines to be considered in the development of Historical Overlay District Preservation Plan for an historic area are to be as follows: (11/5/84)
a. All new structures shall be constructed to a height visually compatible with the building and environment with which they are visually related.
b. The gross volume of any new structure shall be visually compatible with the buildings and environment with which it is visually related.
c. In the street elevation(s) of a building the proportion between the width and height in the facade(s) should be visually compatible with the building environment with which it is visually related.
d. The proportions and relationships between doors and windows in the street facade(s) should be visually compatible with the buildings and environment with which it is visually related.
e. The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related.
f. The existing rhythm created by existing building masses and spaces between them should be preserved.
g. The materials used in the final facade(s) should be visually compatible with the buildings and environment with which it is visually related.
h. The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related.
i. Colors and patterns used or the facade (especially trim) should be visually compatible with the buildings and environment with which it is visually related.
j. The design of the roof should be visually compatible with the buildings and environment with which it is visually related.
k. The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related.
l. All street facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.
m. Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
4. County Board Action. The action and recommendation of the Planning, Development & Extension Education Committee shall be forwarded to the Kenosha County Board of Supervisors for final determination. Once a site or sites have been designated as a landmark or historic area and a Historical Overlay District created by the County Board and the Zoning Map amended and the Historical Preservation Plan adopted and notice of the designation filed with the Register of Deeds Office for Kenosha County, and all town building inspectors, such districts shall be subject to all of the provisions of this ordinance. (11/5/84)
(g) Regulation of Construction, Reconstruction and Exterior Alteration.
1. Any application for a permit from a township building inspector involving the exterior of a designated landmark, or structure within an historical area shall be filed with the Historical Preservation Commission.
2. No owner or person in charge of a landmark, or structure within an Historic area shall reconstruct or alter all or any part of the exterior of such property or construct any improvement upon such designated property or properties within an Historical Overlay District or cause or permit any such work to be performed upon such property unless a Certificate of Appropriateness has been granted by the Historical Preservation Commission. Unless such certificate has been granted by the commission, a township Building Inspector shall not issue a permit for any such work.
3. Upon filing of the application with the Historical Preservation Commission, the Historical Preservation Commission shall determine:
a. Whether, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which said work is to be done; and
b. Whether, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site; and
c. Whether, in the case of any property located in a historic area, designated pursuant to the terms of section (f)4, hereunder, the proposed construction, reconstruction or exterior alteration would or would not conform to the objectives and design criteria of the historical preservation plan for said historic area as duly adopted by the County Board.
4. If the commission finds the guidelines set forth in subparagraphs a, b, and c of Paragraph 3 have been met, it shall issue the Certificate of Appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the appropriate Township Building Inspector. The commission shall make this decision within thirty (30) days of the filing of the application. Should the commission fail to issue a Certificate of Appropriateness due to failure of the proposal to conform to the above guidelines, the applicant may appeal such decision in accordance with the procedures set forth in section 12.55 of this ordinance. In addition, if the commission fails to issue a Certificate of Appropriateness, the commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a Certificate of Appropriateness within the guidelines of this ordinance.
5. A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with 12.26.-1 (d), flood resistant material used and construction practices and floodproofing methods shall comply with 12.11.040(l). Repair or rehabilitation of historic structures shall be exempt from the development standards of 12.39.100(d) if it is determined that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(h) Regulation of Demolition. No permit to demolish all or part of a landmark, or improvement in an Historical Overlay District, shall be granted by the appropriate Township Building Inspector except as follows:
1. Any person in charge of a landmark, or structure in an historic area shall not be granted a permit to demolish such property without written approval of the commission.
2. At such time as such person applies for a permit to demolish such property, such application shall be filed with the commission. Upon such application, the commission may refuse to grant such written approval for a period of up to ten (10) months from the time of such application, during which time the commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the commission shall cooperate in attempting to avoid demolition of the property. At the end of this ten (10) month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the appropriate Township Building Inspector may issue the permit to demolish the subject property without the approval of the commission. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and are available for disbursement within a period two (2) months following the end of such ten (10) month period, the appropriate Township Building Inspector may issue the permit to demolish the subject property without the approval of the commission.
(i) Recognition of Landmarks and Historic Areas. At such time as a landmark or historic area has been properly designated in accordance with this ordinance, the commission shall cause to be prepared and erected on such property at County expense, a suitable plaque declaring that such property is a landmark or historic area. Such plaque shall be so placed as to be easily visible to passing pedestrians. In the case of a landmark, the plaque shall state the accepted name of the landmark, the date of its construction, and other information deemed proper by the commission. In the case of a landmark site which is not the site of a landmark building, such plaque shall state the common name of the site, and such other information deemed appropriate by the commission.
(j) Sale of Landmarks. Any party who is listed as the owner of record of a landmark at the time of its designation, and who can demonstrate to the commission that by virtue of such designation he is unable to find a buyer willing to preserve such landmark, even though he has made reasonable attempts in good faith to find and attract such a buyer, may petition the commission for a recision of its designation. Following the filing of such petition with the commission:
1. The owner and the commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.
2. If, at the end of a period not exceeding six (6) months from the date of such petition, no such buyer can be found, and if the owner still desires to obtain such recision, the commission shall rescind its designation of the subject property.
3. In the event of such recision, the commission shall notify the County clerk, the appropriate Township Clerk, and the appropriate Township Building Inspector and the County Assessor of same, and shall cause the same to be recorded, at its own expense, in the office of the Kenosha County Register of Deeds.
4. Following any such recision, the commission may not redesignate the subject area as a landmark or historic area for a period of not less than five (5) years following the date of recision.
(k) Conformance with Regulations. Every person in charge of any landmark, or improvement in a historic area shall maintain the same or cause to permit it to be maintained in a condition consistent with the provisions of this section. The County Board may appoint the Kenosha County Department of Planning and Development or any other individual or group of individuals to inspect the premises and to enforce this ordinance. The duties of the inspection officer shall include periodic inspection at intervals provided by the County Board of designated landmarks and historic areas. Such inspections may include physical entry upon the property to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for the enforcement officer to enter for purposes of inspection at reasonable hours, the inspection officer may obtain a warrant of entry pursuant to Wisconsin Statutes, section 66.122 and take any other reasonable measures to further the enforcement of this ordinance.
(l) Maintenance of Landmarks and Historic Areas. Every person in charge of an improvement in an Historical Overlay District shall keep in good repair all the exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.
(m) Conditions Dangerous to Life, Health or Property. Nothing contained in this section shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any improvement on a landmark site or in a historic area for the purpose of remedying emergency conditions determined to be dangerous to life, health, or property. In such cases, no approval from the commission shall be required.
(n) Any party violating any section of this ordinance pertaining to historical preservation shall be subject to the provisions of section 12.53 of this ordinance. [Code § 12.26-2.]
[Code § 12.26-3.]
(a) Primary Purpose and Characteristics. The Kenosha County Board of Supervisors has determined that section 59.69 of the Wisconsin Statutes grants the County board authority to create “planned development districts” as granted to cities pursuant to section 62.23(7)(b) of the Wisconsin Statutes. The PUD Planned Unit Development Overlay District, set forth herein, is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning and diversified location of structures. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this Ordinance will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703 of the Wisconsin Statutes (condominiums) may be permitted by the County board upon specific petition under this section of the ordinance and after public hearing with such development encompassing one (1) or more principle uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section of the ordinance have been met.
(b) Planned Unit Development Overlay District. (PUD). So as to ensure a maximum benefit to both the community and to developers and so as to provide for flexibility in planning in all the districts created under this ordinance except for the A-1, A-2, A-3, A-4, R-1, R-2, R-6, R-12, I-1, PR-1, C-1, C-2, FPO, HO, and AEO districts, there is hereby created the Planned Unit Development Overlay District. (3/1/94)
(c) Principal, Accessory and Conditional Uses. Principal, accessory and conditional uses permitted in a Planned Unit Development Overlay District shall conform to uses permitted in the underlying basic use district or districts. All open space and parking requirements of the underlying basic use district or districts shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one (1) or more locations within the development. (3/2/10)
(d) Ownership. Areas designated as PUD Overlay Districts shall be under single or corporate ownership or control at the time of their creation.
(e) Minimum Area Requirements (3/2/10). Areas designated as PUD Overlay Districts shall contain a minimum development area of:
Minimum Area of PUD | |
|---|---|
Residential Planned Unit Development | 10 acres |
Commercial Planned Unit Development | 10 acres |
Industrial Planned Unit Development | 10 acres |
Mixed Use Planned Unit Development | 10 acres |
Agricultural Preservation Planned Unit Development | 10 acres |
(f) Minimum Sanitary Sewer Requirements. All Planned Unit Developments shall be on a public sanitary sewer system, except for Agricultural Preservation Planned Unit Developments, which need not be on public sanitary sewer systems but which must then have soils adequate to support on-site septic systems.
(g) Pre-petition Conference and General Lay-out Concept Plan. Prior to the official submission of the petition for the approval of a Planned Unit Development Overlay District, the owner or his agent making such petition shall meet with the staff of the Kenosha County Department of Planning and Development and the designated representative of the town wherein the Planned Unit Development is to be located to discuss the scope and proposed nature of the contemplated development and data and other information as deemed appropriate and pertinent for presentation to the committee. At the pre-petition conference, the owner or agent shall present a general lay-out and plan including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development using as a general guideline the requirements set forth in subsection 2a-n of this section. (3/2/10)
(h) Petition. Following the pre-petition conference, the owner or his agent may file a petition with the Kenosha County Department of Planning and Development for approval of a Planned Unit Development Overlay District. Such petition shall be accompanied by the review fee required under section 12.05.070 of this ordinance as well as the following information: (3/2/10)
1. A statement which sets forth the relationship of the proposed Planned Unit Development to any existing or proposed master plans or any adopted component thereof, and the general character of and the uses to be included in the proposed Planned Unit Development including the following information:
a. Total area to be included in the Planned Unit Development, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
b. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features of common open spaces.
c. A general outline of the organizational structure of a property owner’s association, which may be proposed to be established for the purpose of providing any necessary private services or maintenance of common open spaces.
d. Any proposed departures from the standards of development as set forth in the County zoning regulations, other county regulations or administrative rules, or other county or town ordinances.
e. The expected date of commencement, schedule of development by phases, and completion of physical development as set forth in the proposal.
f. Notwithstanding the departures from lot area, setback, building separation; and modification of street standards and/or sidewalk and walkway requirements; no modifications shall be granted from the floodplain protection and wetland protection measures set forth in this ordinance. (3/2/10)
2. A detailed development site plan including:
a. A survey and legal description of the boundaries of the subject property included in the proposed Planned Unit Development and its relationship to surrounding properties prepared by a land surveyor registered by the State of Wisconsin.
b. The location of public and private roads, driveways, and parking facilities.
c. The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
d. The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.
e. The type, size, and location of all structures.
f. General landscape treatment.
g. Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of the proposed structures.
h. The existing and proposed location of public sanitary sewer and water supply facilities.
i. The existing and proposed location of all private utilities or other easements.
j. The characteristics of soils related to contemplated specific uses.
k. Existing topography on the site with contours at no greater than two (2) foot intervals.
l. Detail storm-water drainage plans prepared by a professional engineer registered by the State of Wisconsin.
m. Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
n. Any other data or information requested at the pre-petition conference.
(i) Referral to Town Board and Planning, Development & Extension Education Committee. The petition and detailed site plan for a Planned Unit Development Overlay District shall be referred to the Town Board of the town wherein the proposed Planned Unit Development is to be located for its review and recommendation, which may include any additional conditions or restrictions the Town Board may deem necessary or appropriate. Following such review, the petition and recommendation shall be forwarded to the Kenosha County Planning, Development & Extension Education Committee for similar review and recommendations. (11/5/84)
(j) Public Hearing. The Planning, Development & Extension Education Committee, before formulating its recommendations to the County Board, shall hold a public hearing pursuant to the requirements of section 12.58 of this ordinance. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested Planned Unit Development Overlay District. (11/5/84)
(k) Basis for Petition Approval.
1. The Planning, Development & Extension Education Committee in making its recommendation to the County Board and the County Board in making its determination, shall find: (11/5/84)
a. That the petitioners for the proposed Planned Unit Development Overlay District have indicated that they intend to begin the physical development of the Planned Unit Development within twelve (12) months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the County.
b. That the proposed Planned Unit Development Overlay District is consistent in all respects to the purpose of this section and to the spirit and intent of this ordinance; is in conformity with any existing or proposed adopted master plans or any adopted components thereof; and, that the development would not be contrary to the general welfare and economic prosperity of the community.
c. That the proposed Planned Unit Development Overlay District is compatible with adjacent development in the immediate area, or that appropriate measures, such as a vegetative buffer, have been employed to reduce the visual impact on surrounding land uses. (3/2/10)
d. The Planning, Development & Extension Education Committee in making its recommendations and the County Board in making its determination shall further find that: (11/5/84)
1) The proposed site is provided with adequate drainage facilities for surface and storm waters.
2) The proposed site is accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
3) No undue constraint or burden will be imposed on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas by the proposed development.
4) The streets and driveways on the site of the proposed development are adequate to serve the proposed development and do meet the minimum standards of all applicable ordinances or administrative regulations of the County or town, whichever is more restrictive.
5) Centralized public water and sewer facilities are provided, except with respect to an Agricultural Preservation Planned Unit Development Overlay District. (3/2/10)
6) The entire tract or parcel of land to be included in a Planned Unit Development Overlay District is held under single ownership, or if there is more than one (1) owner, the petition for such Planned Unit Development Overlay District is considered as one (1) tract, lot or parcel and the legal description defines said Planned Unit Development as a single parcel, lot or tract and is jointly petitioned by the several owners. This requirement shall not be deemed to prevent further divisions of the land after creation of the Planned Unit Development Overlay District provided that all further divisions are in accordance with the restrictions placed on the particular Planned Unit Development.
e. That in the case of a proposed residential Planned Unit Development Overlay District:
1) Such development creates an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreational space, and coordination with overall plans for the County and the town wherein the Planned Unit Development is to be located.
2) The following table has been used and complied with for the following districts in determining the density of a development or site: (3/2/10)
Maximum Gross Density (dwelling units per acre) | Average Net Area Per Dwelling Unit (square feet) | |
|---|---|---|
R-3 | 2.2 | 20,000 |
R-4 | 2.9 | 15,000 |
R-5 | 4.4 | 10,000 |
R-8 | 4.4 | 10,000 |
R-9 | 8.7 | 5,000 |
R-10 | 10.8 | 4,000 |
R-11 | 12.4 | 3,000 |
3) The Residential Planned Unit Development project is limited to development types as hereinafter set forth:
a) Cluster developments, attached single-family dwellings, townhouses, and condominiums are permitted in the R-4, R-5 and R-8 districts but shall not exceed two (2) dwelling units per structure.
b) Cluster developments, townhouses, and condominiums are permitted in the R-9 district, but shall not exceed four (4) dwelling units per structure.
c) Cluster developments, townhouses, and condominiums are permitted in the R-10 district, but shall not exceed eight (8) dwelling units per structure.
d) Cluster developments, townhouses, and condominiums are permitted in the R-11 district, in which case, the Kenosha County Planning, Development & Extension Education Committee may set limits on structural size and number of units in each structure.
4) Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
5) Provision has been made for adequate, continuing fire and police protection.
6) The population composition of the development will not have an adverse effect upon the individual town’s capacity to provide needed school or other municipal service facilities.
7) Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.
f. That in the case of a proposed commercial Planned Unit Development Overlay District:
1) The economic practicality of the proposed development can be justified.
2) The proposed development will be adequately served by off street parking and truck service facilities.
3) The proposed development is adequately provided with and does not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.
4) The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
5) The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood or area.
g. That in the case of a proposed industrial Planned Unit Development Overlay District:
1) The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
2) The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas.
3) The proposed development will include adequate provisions for off street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
4) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
h. That in the case of a proposed mixed use Planned Unit Development Overlay District: (3/2/10)
1) The proposed mixture of uses (i.e. residential, commercial, industrial) will produce a unified composite which is compatible within the underlying districts and which as a total entity is compatible with the surrounding neighborhood.
2) The various types of uses (residential, commercial, industrial) conform to the general requirements for each use as hereinbefore set forth, applicable to projects of such use and character.
3) The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
4) The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas.
5) The proposed development will include adequate provisions for parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
6) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
i. That, in addition to the applicable provisions of subsection e above, in the case of an Agricultural Preservation Planned Unit Development Overlay District:
1) The proposed development promotes the purpose of an Agricultural Preservation Planned Unit Development Overlay District, which is to permit rural-character residential development that, over a period of time, will enable residential growth to occur and coexist with agricultural production, maximizing the value and enjoyment of the former while maintaining the availability and productivity of the latter, and thereby preserving the local community’s agricultural and rural character.
2) The density of the proposed development, as approved by the Town, shall conform to the overlying Comprehensive Plan land use category, which shall be Suburban-Density Residential and/or Rural-Density Residential for new residential parcels and Farmland Protection and/or General Agriculture and Open Land for the remnant parcel, and with the underlying zoning district, which shall be A-1, R-1, or R-2 for new residential lots (depending on approved density) and A-1 or A-2 for the remnant parcel, all with an Agricultural Preservation Planned Unit Development overlay. Only single-family dwellings are allowable.
3) The proposed development satisfies the following residential lot design standards:
a) All residential lots shall contain suitable soils for the installation of a private on-site waste treatment (septic) system and well.
b) Residential lots shall have adequate access to existing or new state , county, or town rights-of-way. The proposed access point shall comply with the required access standards as established by the state, county, and town regulations. Shared driveways may be allowed or required.
c) Residential lots shall provide adequate site drainage and not create adverse impacts on adjoining properties. Any drain tiles on the property shall be maintained or rerouted and, if damaged, repaired so as to not adversely impact any lands utilizing the existing drain tile, regardless of location.
d) To the extent possible, residential lots shall be located adjacent to existing residential uses or lands designated as a residential zoning district, minimizing the number and length of edges between residential uses and agricultural operations.
e) Residential lots shall be sized and located in a manner as to minimize the amount of tillable agricultural land converted to nonagricultural use. Lots shall be a minimum of 2 acres and a maximum of 5 acres, excluding the remnant parcel, lifestyle farms and/or farm consolidations.
f) Residential lots shall not create inefficient to farm remnant agricultural parcels based on the remnant parcels’ shape, size or contiguity to other agricultural land.
g) Residential lots shall be compatible with existing, planned, and/or permissible nearby agricultural practices, including the raising of livestock. So as to minimize the likelihood of future conflicts between residential uses and agricultural practices, the approved petition and site plan shall be recorded against the development and shall include a conspicuous notification apprising would-be owners of the proximity of the residential lots to existing and/or potential future agricultural practices, the externalities of which may impair the residential enjoyment of the parcel, and further to apprising the would-be lots’ purchasers of the provisions of Wisconsin’s “Right to Farm” law, sec. 823.08, Stats., as may be amended from time to time.
h) Residential lots shall minimize the visibility of principal and accessory structures by utilizing landforms, existing vegetation, topography, new plantings, or other similar factors to provide screening. Existing vegetation and new plantings shall be maintained in good health. Dying vegetation and plantings shall be restored or replaced to their original condition by the responsible lot owner. New plantings shall be setback from the lot line a distance equal to ½ the full maturity of the new planting to prevent planting growth over lot lines. A formal landscaping plan and bond may be required by the Town. Notwithstanding the above, the aesthetics and appearance of a proposed development, vis-à-vis the rural character of the nearby properties, may be taken into account in reviewing a proposed development and in determining the extent of screening that shall be required. For example, property owners choosing to impose, by way of the inclusion of such a provision in the petition, which shall be recorded against the development upon approval, a restriction on residential lots so as to allow only the construction of Midwestern farmhouse style-homes thereon may require no screening at all. For purposes of this section, “Midwestern farmhouse-style homes” means those houses characterized by the following features: two stories; simple, vertical lines; a gable roof; light-colored wood or wood-appearance siding; and a front or wrap-around porch.
i) Residential lots shall have an approximate depth to width proportion of 2:1, to the greatest extent possible.
j) All allowable residential lots, based upon the property’s approved density, shall be described and depicted on the proposed development’s petition and site plan, including those lots that are not intended to be immediately created by subdivision plat or by certified survey map.
4) All parcels shown on an approved petition and site plan, specifically including all remnant parcels, shall be restricted against any future land division or rezoning for a period of 30 years from the date of the approval of the petition, except with respect to such residential lots as are described and shown on an approved petition and site plan but which were not created contemporaneously with the petition. The restriction shall further provided that, upon expiration of the 30-year period, the subject parcels may be rezoned or further divided only with the unanimous approval of the Town Board.
5) The Agricultural Preservation Planned Unit Development Overlay District is designed to be consistent the Kenosha County 2035 Multi-jurisdictional Comprehensive Plan and with the Town’s subdivision requirements and procedures. Therefore, all Agricultural Preservation Planned Unit Development Overlay District petitions shall be reviewed and approved in conjunction with, or conditioned upon, a corresponding approval to change the property’s Comprehensive Plan designation and with a corresponding approval by the Town of a land division creating one or more new lots consistent with the petition. If any of the Comprehensive Plan category change application, the proposed land division application, or the Agricultural Preservation Planned Unit Development Overlay District petition applications are denied for any reason, the other applications shall be denied as well.
(l) Determination. The County Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a Planned Unit Development Overlay District shall be based upon and include as conditions thereto adherence to the building, site, and operational plans for the development as approved by the County Board.
(m) Changes and Additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the designated Town Board and the Planning, Development & Extension Education Committee and if in the opinion of either such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Planning, Development & Extension Education Committee shall be required and notice thereof shall be given pursuant to the provisions of section 12.58 of this ordinance, and said proposed alterations shall be submitted to the County Board for approval. (11/5/84) With respect to an approved Agricultural Preservation Planned Unit Development Overlay District, a substantial alteration may be approved only by the County Board and unanimous consent of the Town Board.
(n) Subsequent Land Division. The division of any land or lands within a Planned Unit Development Overlay District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of Kenosha County and the individual Town.
(o) Failure to begin development if no substantial construction has commenced as defined in section 12.05.030 of this ordinance or no use established in the Planned Unit Development District within the time schedule submitted to the County board, the Kenosha County Department of Planning and Development shall petition the Kenosha County Board of Supervisors for the purpose of rescinding the planned unit development overlay designation so as to allow the land in question to revert to its underlying zone. The procedures set forth in section 12.58 of this ordinance, relating to the amendment of this ordinance shall be adhered to in its discretion and for good cause, the County board may extend for a reasonable period of time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If the Planned Unit Development Overlay District is rescinded, the Department of Planning and Development shall remove said district from the official zoning map. Those zoning regulations applicable before the creation of said district shall then be in effect and no vested rights in the Planned Unit Development Overlay District shall be deemed to have occurred. (3/2/10)
(p) List of adopted PUD Districts can be found in Appendix “F”. (3/2/10) [Code § 12.26-4.]
(a) Primary Purpose and Characteristics. It is the intent of the Kenosha County Board of Supervisors in creating the Airport Overlay District to provide for the possibility of establishing a use district designed to coordinate the planning, development, and regulation of land uses in the vicinity of airports so as to ensure that the uses are mutually compatible with the operation of the airport and that any public investment in an airport is protected and further that public safety, welfare, health and convenience is served.
So as to address the problems which are associated with airport development, this district is distinguished by regulations relating but not limited to, safety, density, height restrictions and noise levels.
It is recognized that it is neither possible nor practical 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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Definitions. In this section:
1. “Airport affected area” means that area contiguous to the airport property in which mutually compatible land uses would be in the public interest. The total length of an airport affected area may not exceed five (5) times the length of an existing or planned runway, and an airport affected area may not extend beyond the end of the runway by a distance exceeding twice the length of the existing or planned runway. The width of an airport affected area may not exceed one-half mile on either side of the center line of the existing or planned runway.
2. “Airport owner” means any city, village, town, county, or combination thereof which owns an approved airport.
3. “Approved airport” means any airport or future airport site:
a. Which has been approved as an airport site by appropriate state and federal agencies;
b. Which is included in the state airport system plan; and
c. To which the fee simple is vested in the airport owner.
4. “Mutually compatible uses” means those uses of land which neither create an airport hazard to the safe operation of aircraft using the airport, nor are in such a location relative to the airport that inhabitants might be unduly endangered or otherwise adversely affected by the lawful operation of aircraft using the airport.
(c) Procedures for Creation of Airport Overlay District, AOD.
1. Any airport owner may petition the Kenosha County Board of Supervisors for the purpose of creating an Airport Overlay District pursuant to the provisions set forth in section 12.58 of this ordinance, and
2. Prior to petitioning the Kenosha County Board of Supervisors for the purpose of creating an Airport Overlay District, the airport owner shall prepare for presentation to the Kenosha County Planning, Development & Extension Education Committee an airport affected area land use plan. Said plan shall be prepared in such a fashion so as to consider the social, economic, and environmental effects of the airport and airport operations on land in the vicinity of the airport and in the airport affected area and shall make provision for anticipated growth and coordination of planning efforts for other transportation modes for both passengers and freight. This plan shall reflect environmental, developmental and transportation goals for the area and shall be adopted by the airport owner. A copy of the land use plan, including maps and accompanying documents shall be submitted to the Secretary of the State Department of Transportation for review prior to submission to the Planning, Development & Extension Education Committee. This plan shall catalogue all existing land uses in the vicinity of the airport and in the airport affected area, project future characteristics involving the operation of the airport and the land requirements for said airport including the number and type of aircraft that will make use of the airport, the hours of operation and the necessary land acquisitions and easements needed for the safe operation of the airport. In addition, said plan shall delineate all noise zones and the type of uses that are both compatible and incompatible in said noise zones, and long-range estimates of noise impact. Said plan shall furthermore identify existing and future incompatible uses, designate alternative land use plans, and techniques for plan implementation, as well as evaluate the potential effects of these alternate land use plans and regulate techniques. The best alternative plan and technique shall be recommended. (11/5/84)
Accompanying said plans shall be all necessary noise contour maps and compatibility charts and tables and height restriction maps necessary for the safe operation of the airport facility.
(d) Upon the creation of an Airport Overlay District pursuant to the provisions of section 12.58 of this ordinance, navigational and meteorological structures shall be permitted and also the following principal uses shall be permitted provided they are permitted in the underlying basic use district and that there is no interference with existing or proposed navigational aids:
1. Agriculture, forestry, truck farming and other vegetable and plant crop cultivation, and roadside stands for the sale only of products grown on the premises.
2. Arboretum
4. Botanical gardens
5. Car rental agencies
6. Fish and bait hatcheries, and worm farms, including sale at wholesale or retail
7. Game preserves
8. Golf courses
9. Greenhouses
10. Marinas.
12. Parking lots
13. Picnic Areas
14. Public works and public utility facilities such as water pumping stations, plants and reservoirs, electric transmission lines and substations
15. Reservoirs
16. Riding academies, public and private stables
17. Sod farming
18. Water-treatment plants
(e) Upon the creation of the Airport Overlay District, only those accessory uses permitted in the underlying district shall be permitted provided, however, that there is no interference with existing or proposed navigational aids.
(f) Upon the creation of the Airport Overlay District, only the following conditional uses shall be permitted provided they are permitted as either principal or conditional uses in the underlying district. (see also section 12.40.080, Airport Overlay Conditional Uses):
1. Aviation schools
2. Banking services
3. Bottling plants
4. Building materials, storage yards or buildings, including sales of equipment commonly used by contractors
5. Cemeteries, columbaria, crematories, and mausoleums, subject to the approval of the Wisconsin Board of Health and Board of Adjustment
6. Convention centers
7. Gas stations
10. Night clubs
11. Office buildings
12. Recreational activities
13. Restaurants
14. Service and light industries and related offices and showrooms that manufacture, compound, assemble, process, package, store and distribute goods and materials and are in general dependent upon raw materials refined elsewhere, including chemicals and allied products; food and beverage products; metal and metal products; textiles; bedding and fibers; wood and paper products; glass products; and plastic products
15. Sewage disposal plant
16. Shopping centers
17. Stone monument works
18. Terminals, (passenger, freight, taxi, bus)
19. Warehouses and related showrooms and offices
20. Wholesale distribution centers, including storage buildings, open storage areas, and related offices and showrooms.
(g) Special requirements. The following special requirements shall apply for all principal, accessory and conditional uses allowed in the Airport Overlay District:
1. Lighting.
a. Except as may be permitted as an airport navigational aid, a pulsating, flashing, rotating, oscillating, or other type of lighting intended as an attention-getting device shall be expressly prohibited.
b. Flood lights, spot lights, or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground.
c. Any light which constitutes a “misleading light” within the meaning of TSO-N19 or such other regulations as may be thereafter duly adopted by the Civil Aeronautics Administration, is expressly prohibited.
2. Radio and Electronic.
a. Any radio or electronic device shall be permitted only in conjunction with a valid license therefore or other authorization as may be issued by the Federal Communications Commission.
b. Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited.
3. Smoke. Any operation or use which emits smoke, dust, or any visible fumes or vapors into the atmosphere shall be expressly prohibited.
(h) Lot area, width, yards and sanitation requirements. Lot area, width, yard and sanitation requirements applicable in the underlying district shall apply in the Airport Overlay District.
(i) Height. Except for legal fences and farm crops, no structure shall be constructed, altered, located or permitted to remain after construction, alteration or location and no trees shall be allowed to grow to a height in excess of the height limit indicated on the “Height Restriction Maps” prepared in conjunction with the airport affected area land use plan provided for in section 12.37.050(c)2 of this ordinance.
(j) Noise. No principal, accessory or conditional use shall be permitted on a parcel unless the intended use is compatible with the sound levels expected to be generated on the parcel as shown on the Noise Contour Maps and compatibility charts and tables prepared in conjunction with the airport affected area land use plan provided for in section 12.37.050(c)2 of this ordinance.
(k) Amendment. Any amendment to the Airport Overlay District shall not be effective until such time as the airport owner has been notified of the proposed amendment and been given an opportunity to notify the Kenosha County Planning, Development & Extension Education Committee of any adverse effect created by said amendment. (11/5/84) [Code § 12.26-5.]
(a) Primary Purpose and Characteristics. The purpose of the RC Rural Cluster Development Overlay District is to preserve rural landscape character, sensitive natural areas, farmland and other large areas of open land, while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:
1. 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, ridge tops, steep slopes, and critical species habitat by setting them aside from development. Such areas are contained in primary environmental corridors as identified by the Southeastern Wisconsin Regional Planning Commission and are of particular significance for conservation.
2. To preserve scenic views and to minimize views of new development from existing streets.
3. To provide for the unified and planned development of clustered, single-family, low density residential uses, incorporating large areas of permanently protected common open space.
4. To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of the rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
5. To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
6. To create groups of dwellings with direct visual and physical access to common open space.
7. To permit active and passive recreational use of common open space by residents of developments within this district and by the public, when appropriate.
8. To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
9. To allow for the continuation of agricultural uses in those areas best suited for such activities and when such activities are compatible with adjoining residential uses.
10. To permit various means for owning common open space and for protecting it from development in perpetuity.
11. To create an attitude of stewardship for the land within common open space by requiring a land management plan for the common open space.
12. To implement the objectives of any applicable adopted comprehensive plan or comprehensive plan component.
(b) RC Rural Cluster Development District Designation. An RC Rural Cluster Development District designation may be placed on any site in the A-2, R-1 and C-2 Districts meeting the minimum tract size requirements specified in Section 12.37.060(g).
(c) Principal Uses.
1. Clustered single-family detached dwellings.
2. Single-family farmstead dwellings with associated agricultural structures as listed in Section 12.37.060(c) 6.f.
3. Community living arrangements having a capacity for 8 or fewer persons and which shall be in conformance with all state statutory requirements.
5. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and which are in conformance with all state statutory requirements.
6. Common open space for cluster development with uses permitted as follows:
a. Conservation of land in its natural state (for example, woodland, fallow field, or managed meadow.)
b. Game farm, fish hatchery, hunting and fishing preserve, wildlife sanctuary, forest preserve, or similar uses designated for the protection and propagation of wildlife.
c. Agricultural uses, including the cultivation, harvesting and sale of crops and related farm products, the raising and sale of livestock or fowl, along with associated pasture and barnyards, orchards, nurseries, greenhouses and related horticultural activities.
d. Pasture for recreational horses.
e. Growing and sale of Christmas trees.
f. Agricultural structures such as barns, silos, storage sheds, cribs, coops, and stables.
g. Interior cluster group open space.
h. Passive recreation, including, but not limited to, hiking trails, bicycle or bridle trails, picnic areas, community gardens, and lawn area.
i. Active recreation, including, but not limited to, playing fields, playgrounds and courts.
j. Parking areas where necessary to serve active recreation facilities.
k. Easements for access, drainage, sewer and water lines, or other public purposes.
l. Storm water management facilities including detention and retention basins.
m. Water supply and sewerage systems for individual lots, cluster groups, or the entire development.
n. Utility and street rights-of-way except that their land areas shall not count toward the minimum open space requirement.
(d) The following uses and activities are prohibited in common open space:
1. Use of motor vehicles except on approved roads, driveways and parking areas
Maintenance, law enforcement, emergency and farm vehicles are exempt from this provision.
2. Cutting of healthy trees, regrading, cutting and filling, topsoil removal, altering, diverting or modifying water courses or water bodies, except in compliance with a land management plan for the tract, conforming to customary standards of forestry, erosion control and engineering.
3. Intensive animal feed lot operations.
(e) Permitted Accessory Uses.
1. Accessory structures such as detached garages, sheds and boathouses (see also section 12.17)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20)
(f) Conditional Uses.
1. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all state statutory requirements.
2. Model single-family homes and related real estate sales office located within the model unit
3. Utility substations.
4. Large wind energy system
5. Golf courses.
6. Community swimming pools.
7. Community center for the use of residents of the cluster development.
(g) Density and Dimensional Standards.
1. For residential dwelling with individual on-site sewage disposal absorption systems:
Development Standard | A-2 District | |
|---|---|---|
Minimum tract size | 50 acres | 25 acres |
Maximum density [1] | 1 du/10 acres | 1 du/5 acres |
Minimum lot area [2] | 80,000 sq. ft. | 40,000 sq. ft. |
Minimum lot width [3] | 200 feet | 150 feet |
75 feet | 50 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | Not less than 75 feet from the ordinary high water mark of any navigable water | |
Side yard [4] | 50 feet | 25 feet |
75 feet | 50 feet | |
Accessory buildings setback and size regulations [5] | See section 12.17 | See section 12.17 |
Minimum common open space [6] | 60 percent | 60 percent |
Maximum building height (excluding agricultural structures) | 35 feet | 35 feet |
10 percent | 10 percent |
a. Existing dwellings that may or may not be part of a farmstead shall be counted towards the total density. For the purposes of this section, acres refers to gross land area including all lands within the tract, except existing street, railroad, and utility rights-of-way. Only 20 percent of wetlands and floodplain may be counted toward the calculation of density.
b. For an existing farmstead on a tract used for cluster development, the minimum lot area shall be 5 acres or a lot large enough to accommodate all structures within a building envelope created by a 100-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to 200 feet.
c. Lot frontage may be reduced on lots located on a cul-de-sac or curve to 100 feet of frontage in the A-2 District and 80 feet in the R-1 and C-2 Districts provided there is at least 200 feet of width at the required setback line in the A-2 District and 150 feet in the R-1 and C-2 Districts.
d. When dwelling units are not located on individual lots, such as in a condominium development, they shall be separated from one another by a minimum distance of 100 feet in the A-2 District and 50 feet in the R-1 and C-2 Districts.
e. Accessory buildings are not permitted in front yards.
f. In the calculation of common open space areas, the following shall be excluded: private lot areas, public or private street and highway rights-of-way, railroad and utility rights-of-way, parking areas, and areas not meeting the requirements of Subsection 12.37.060(j) 9
2. For residential dwellings with public sanitary sewer:
Development Standard | A-2, R-1 and C-2 Districts |
|---|---|
Minimum tract size | A-2 District: 50 acres R-1 and C-2 Districts: 25 acres |
Maximum density [1] | A-2 District: 1 du/10 acres R-1 and C-2 Districts: 1 du/5 acres |
Minimum lot area [2] | 20,000 square feet |
Minimum lot width [3] | 100 feet |
30 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | |
Side yard [4] | 10 feet minimum one side 20 feet both sides |
25 feet | |
Accessory building setback from side and rear lot lines [5] | See Section 12.17 |
Minimum common open space [6] | 70 percent |
Maximum building height (excluding agricultural structures) | 35 feet |
15 percent |
a. Existing dwellings that may or may not be part of a farmstead shall be counted towards the total density. For the purposes of this section, acres refers to gross land area including all lands within the tract, except existing street, railroad, and utility rights-of-way. Only 20 percent of wetlands and floodplain may be counted toward the calculation of density.
b. For an existing farmstead on a tract used for cluster development, the minimum lot area shall be 5 acres or a lot large enough to accommodate all structures within a building envelope created by a 100-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to 200 feet.
c. Lot frontage may be reduced on lots located on a cul-de-sac or curve to 50 feet of frontage provided there is at least 100 feet of width at the required setback line.
d. When dwelling units are not located on individual lots, such as in a condominium development, they shall be separated from one another by a minimum distance of 60 feet.
e. Accessory buildings are not permitted in front yards.
f. In the calculation of common open space areas, the following shall be excluded: private lot areas, public or private street and highway rights-of-way, railroad and utility rights-of-way, parking areas, and areas not meeting the requirements of Subsection 12.37.060(j) 9
(h) Separation Distances for Cluster Groups.
1. The outer boundaries of all cluster groups shall conform to the following separation distances:
From abutting arterial street proposed rights-of-way or from scenic roads, if defined in a town comprehensive plan of comprehensive plan component | 100 feet |
From all other external street proposed rights-of-way | 50 feet |
From all tract boundaries | 100 feet |
From cropland or pasture land | 100 feet |
From barnyards or buildings housing livestock | 300 feet |
From other cluster groups | 100 feet |
From wetlands, floodplains, or watercourses | 35 feet |
From active recreation areas, such as courts or playing fields | 100 feet |
2. All separation areas for cluster groups along existing streets shall be landscaped in accordance with Section 14.08-15 of the Kenosha County Land Division Control Ordinance in order to block views of new residential development, preserve scenic views, and to protect rural landscape character.
3. The dimensional standards in Section 12.37.060(h) 1 may be reduced as follows:
a. 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.
b. All other separation distances may be reduced up to 50 percent if the applicant can demonstrate that such reduced setbacks improve the plan’s compliance with the cluster group design standards in Section 12.37.060(j), the intent of this ordinance, and the objectives of any applicable comprehensive plan or comprehensive plan component.
(i) Design Standards for Cluster Groups.
1. All dwelling shall be grouped in clusters groups, each of which shall contain at least 2 but not more than 12 units and shall be surrounded by common open space.
2. Cluster groups may contain more than 12 units, and cluster groups may be assembled into larger groupings not separated by common 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 ordinance.
3. A plat may contain one or more cluster groups.
4. Cluster groups shall be defined by the outer perimeter of contiguous lotted areas or abutting streets, and may contain lots, streets, and interior 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 100 feet.
5. The outer boundaries of each cluster group shall meet the separation distances specified in Section 12.37.060(h).
6. Cluster groups shall be defined and separated by common open space in order to provide direct access to common open space and privacy to individual lot or yard areas. Cluster groups may be separated by streets if the street right-of-way is designed as a boulevard.
7. All lots in a cluster group shall take access from interior streets.
8. All lots in a cluster group shall abut common open space to the front or rear for a distance of at least 50 feet. Common open space across a street shall qualify for this requirement.
9. 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 percent of a single wooded lot is cleared for the construction of a dwelling, driveway, garage, storage building, well, and onsite soil absorption system.
10. Street trees shall be required in cluster groups at a minimum rate of one 2-inch caliper tree per dwelling unit and shall comply with the requirements of Section 14.08-15 of the Kenosha County Land Division Control Ordinance.
(j) Design Standards for Common Open Space.
1. The location of common open space shall be consistent with the objectives of any applicable comprehensive plan or comprehensive plan component.
2. All open space areas shall be part of a larger contiguous and integrated open space system. At least 75 percent of the common open space shall be contiguous to another common open space area. For the purpose of this section, contiguous shall be defined as located within 100 feet across which access is possible, for example on opposite sides of an internal street.
3. Common 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 ordinance. Primary and secondary environmental corridors and isolated natural areas as identified by the Southeastern Wisconsin Regional Planning Commission are of particular significance for protection.
4. 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.
5. All wetland, floodplain, unique wildlife habitat areas, steep slopes over 12 percent, 100 percent of lowland environmental corridor and at least 80 percent of upland primary environmental corridors shall be contained in common open space.
6. 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.
7. To preserve scenic views, ridge tops and hill tops should be contained within common open space wherever possible. Trees shall not be removed from ridge tops or hill tops.
8. At least 80 percent of the area of existing woodlands shall be contained within common open space; 20 percent of the area of existing woodlands may be used for lot areas and residential development. This limitation may be exceeded under the following conditions:
a. The site is primarily wooded and development at permitted density would not be possible without encroaching further on woodlands.
b. Any encroachment on woodlands beyond 20 percent shall be the minimum needed to achieve maximum permitted density.
9. No common 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 common open space.
10. The boundaries of common 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 common 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.
11. Trails in common open space that are located within 50 feet of homes in cluster groups shall be identified by plantings, fences, or other landscape features.
12. Under no circumstances shall all common open space be isolated in one area of the development. Common open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units, cluster groups, and other common facilities.
13. Common 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.
14. Safe and convenient pedestrian access and access for maintenance purposes shall be provided to common open space areas that are not used for agricultural purposes, in accordance with the following:
a. At least one access point per cluster group shall be provided, having a width equal to or greater than the minimum width of a lot within the cluster group. This width may be reduced to no less than 50 feet if the applicant can demonstrate that, due to natural site constraints, meeting the lot width requirement would run counter to the objectives of this ordinance.
b. Access to common open space used for agriculture may be restricted for public safety and to interference with agricultural operations.
(k) Ownership and Maintenance of Common Facilities and Open Space.
1. The following methods may be used, either singly or in combination, to own common facilities. Common facilities 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. Ownership methods shall conform to the following:
a. Homeowners Association. Common facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners association, subject to the provisions set forth herein. The homeowners association shall be governed according to the following:
1) The applicant shall provide to the Kenosha County Department of Planning and Development a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.
2) The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.
3) Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
4) The organization shall be responsible for maintenance and insurance of common facilities.
5) The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities.
6) The organization shall have or hire adequate personnel to administer, maintain, and operate common facility.
7) The applicant for any tract proposed to contain common facilities shall arrange with the Town Assessor a method of assessment of the common facilities which will allocate to each to each tax parcel in the development a share of the total tax assessment for such common facilities. Real estate taxes shall be paid by the individual unit owner directly to the Town.
8) Written notice of the proposed transfer of common facilities by the homeowners association or the assumption of maintenance of common facilities must be given at all members of the organization and to the Town and County at least 39 days prior to such event.
b. Condominium. Common facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved by the Town/County Attorney and shall be in conformance with the “Condominium Ownership Act” of 1977 (Chapter 703, Wisconsin Statutes), as amended. All common open space and other common facilities shall be held as “common element” by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
c. Fee simple dedication to a public agency. The Town/County or other public entity acceptable to the Town/County may, but shall not be required to, accept any portion of the common facilities; provided, that:
1) There shall be no cost of acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) Any facilities so dedicated shall be accessible to the residents of the Town/County, if the Town/County so chooses;
3) The Town/County or other public entity shall maintain such facilities.
4) The residents of the development shall hold a conservation easement on the land and facilities so dedicated, protecting the common open space from development in perpetuity.
d. Dedication of conservation easements to a public agency. The Town/County or other public agency acceptable to the Town/County may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership; provided, that:
1) There shall be no cost of easement acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) A satisfactory maintenance agreement shall be reached between the owner and the Town/County.
3) Lands under a Town/County easement may or may not be accessible to the residents of the Town/County.
e. Fee simple dedication to a private conservation organization. An owner may dedicate any portion of the common facilities to a private, not-for-profit conservation organization; provided, that:
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
f. Transfer of easements to a private conservation organization.
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
g. Ownership retained by the original landowner.
1) The Town/County and the residents of the development shall hold conservation easements on the land protecting it from any further development.
2) Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
h. Other methods acceptable to the Kenosha County Department of Planning and Development.
2. Maintenance and operation of common facilities.
a. A plan and narrative for the use, maintenance, and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Kenosha County Department of Planning and Development prior to preliminary plan approval. Such plan shall:
1) Define ownership;
2) Establish necessary regular and periodic operation and maintenance responsibilities, including mowing schedules, weed control, planting schedules, clearing and cleanup.
3) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis.
4) At the discretion of the Kenosha County Department of Planning and Development, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year.
b. In the event that the organization established to own and/or maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the County/Town may serve written notice upon such organization, and upon the residents and owners of the uses related thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this ordinance, and any permits may be revoked or suspended. The County/Town may enter the premises and take corrective action.
c. The costs of corrective action by the County/Town shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The County/Town, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
3. Leasing of common open space lands. Common open space lands may be leased to another person or other entity for use, operation, and maintenance; provided, that:
a. The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
b. The common open space lands to be leased shall be maintained for the purpose set forth in the ordinance.
c. The operation of such leased open space lands may be for the benefit of the residents of the development only, or may be open to the public, if so determined by the residents.
d. The lease, and any transfer of assignment thereof, shall be subject to the approval of the County/Town Board.
e. Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the County/Town/ Board.
4. Conservation. Common 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 Kenosha County Department of Planning and Development and duly recorded in the office of the County Register of Deeds. [Code § 12.26-6.]
(a) Primary Purpose and Characteristics. The TCO Town Center Overlay District is intended to provide for the orderly and attractive grouping of residential and business uses in the style of a downtown or main street in Town Center locations in the unincorporated area of Kenosha County. Such sites shall be consistent with an overall plan prepared for the selected “downtown area” and designated areas shall be served by a full range of urban services appropriate for an intense mixed-use shopping/customer service and dense residential area that allows retail/office uses on the ground floor and residential uses above. The uses intended for this District may provide a high level of public services including public sewer and water facilities and safety services such as police and fire protection within easy access, thus requiring review of plans and specifications to assure that adequate public services are provided to the range of businesses permitted. 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 ordinance (See Section 12.08.020).
Before designating the TCO- Town Center Overlay District area, an overall development plan shall be prepared designating the extent of the development and providing an overall development plan showing the location of businesses, traffic circulation and parking areas and other amenities (such as parks, arcades, and landscaping) and showing proposed building styles and architecture. Specific “Design Guidelines” shall be required to be prepared for each TCO Town Center Overlay District area. Said “Design Guidelines” shall be considered a part of the overall development plan for the TCO District. Said “Design Guidelines” shall be approved by the Kenosha Department of Planning and Development, and adopted as an Ordinance by the local unit of government in which the specific TCO District is located. Said “Design Guidelines” shall specifically address and set forth standards for: on-site landscaping, off-street parking landscaping, bufferyard landscaping, outdoor lighting, minimum lot areas, maximum residential density, loading and access requirements, architectural design standards including exterior building materials, outdoor display and outdoor sales requirements, and other areas of design concern of the local unit of government in which the TCO District is located.
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Any principal use permitted in the B-1 Neighborhood Business District, B-2 Community Business District or B-3 Highway Business District.
(c) Accessory Uses.
1. Garages for the storage of vehicles used in conjunction with the operation of the business and/or residential tenants
2. Off-street parking and loading where possible
3. Residential quarters located in the same building as the business.
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Automotive body repair
2. Automotive sales, service and repairs including related towing
3. Car washes
4. Farmers and Crafters markets
5. Gasoline service stations
6. Marine sales and service
7. Multifamily Residential Development as provided for in the adopted overall development plan for the district.
8. Restaurants, bars or taverns with outdoor dining, entertainment or recreation (i.e. volleyball, horseshoes, etc.).
9. Utility substations
(e) Lot Area and Width.
1. Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area as provided in the adopted overall development plan for the district.
2. Multifamily residential projects in the TCO- Town Center Overlay District shall not exceed 17 dwelling units per net acre for market housing or 22 units per acre for housing for the elderly.
(f) Building Height and Area.
1. No building or parts of building shall exceed 35 feet in height.
2. No maximum or minimum building area shall be required in the TCO Town Center Overlay District due to the variety of uses within the District and the diverse building demands of each user.
3. Multifamily units permitted in the TCO Town Center Overlay District shall provide a minimum of:
a. 500 square feet for an efficiency apartment.
b. 700 square feet per unit for a one-bedroom apartment.
c. 1,000 square feet per unit for a two bedroom or larger apartment.
(g) Yards.
1. Street yard – not less than 5 feet from the right-of-way of all Federal, State Trunk or County Trunk highways and all other roads. NOTE: The ground between the building and the right-of-way shall be hard surfaced for a pedestrian way or area.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard – No side yard is required when the overall development plan provides for buildings to abut one another. When a side yard is provided, there shall be at least 15 feet between buildings.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer [Code § 12.26-7.]
District Regulations
For the purpose of this ordinance, Kenosha County, Wisconsin is hereby divided into thirty-three (33) basic zoning districts and six (6) overlay districts as follows:
A-1 | Agricultural Preservation District |
A-2 | General Agricultural District |
A-3 | Agricultural Related Manufacturing, Warehousing and Marketing District |
A-4 | Agricultural Land Holding District |
AE-1 | |
R-1 | Rural Residential District |
R-2 | |
R-3 | |
R-4 | |
R-5 | |
R-6 | |
R-7 | |
R-8 | |
R-9 | |
R-10 | |
R-11 | |
R-12 | |
B-1 | Neighborhood Business District |
B-2 | Community Business District |
B-3 | Highway Business District |
B-4 | Planned Business District |
B-5 | Wholesale Trade and Warehousing District (8/9/94) |
--- | Adult Establishments (3/16/04) |
BP-1 | |
B-94 | Interstate Highway 94 Special Use Business District |
M-1 | Limited Manufacturing District |
M-2 | Heavy Manufacturing District |
M-3 | Mineral Extraction District (8/20/91) |
M-4 | Sanitary Landfill and Hazardous Waste Disposal District (8/20/91) |
I-1 | Institutional District |
PR-1 | |
C-1 | Lowland Resource Conservancy District |
C-2 | Upland Resource Conservancy District |
FPO | Floodplain Overlay District |
HO | Historical Overlay District |
PUD | Planned Unit Development Overlay District |
AO | |
RC | Rural Cluster Development Overlay District |
TCO | Town Center Overlay District |
[Code § 12.19-1.]
In determining which parcels of land shall be located in the above districts so as to accomplish the intended purpose of these districts, the Kenosha County Department of Planning and Development and the Planning, Development & Extension Education Committee shall make use of, without limitation due to enumeration, all pertinent resources, data, statistics, tables, charts and maps relating to existing land use, adjacent land use, soils, future development, and existing and proposed roads and utilities. (11/5/84) [Code § 12.19-2.]
(a) Primary Purpose and Characteristics.
The Kenosha County Board of Supervisors 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 life-style, 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.
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal uses. (8/6/02).
1. Apiculture (Beekeeping)
2. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all state statutory requirements
3. Contract sorting, grading and packaging of fruits and vegetables
4. Corn shelling
5. Dairy farming and general agriculture
7. One single-family dwelling (9/5/06)
8. 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-premise neighboring residential buildings (6/2/92)
9. 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 section 12.40.080(b)(113) of this ordinance
10. Single-family residence on lots of record created prior to the adoption of this ordinance where said existing lot is less than 35 acres, (see section 12.39.050)
11. Floriculture (cultivation of ornamental flowering plants)
12. Forest and game management
13. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all state statutory requirements
14. Grazing or Pasturing
15. Greenhouses, not including retail sales of plants and flowers
16. Hay baling
17. Livestock raising, except commercial feed lot and fur farms
18. Orchards
19. Paddocks
20. Pea viners
21. Plant nurseries
22. Poultry raising, except commercial egg production and commercial poultry feed lots
23. Raising of grain, grass, mint and seed crops
24. Raising of tree fruits, nuts and berries
25. Riding stables and indoor riding arenas (private)
26. Sod farming
27. Threshing services
28. Vegetable raising
29. Viticulture (grape growing)
(c) Accessory Uses (8/6/02).
1. Feed lot (not commercial and only for permitted farm uses)
2. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17)
4. Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area)
5. Small wind energy system
6. Solar energy system
7. Storage, curing, drying, churning and packaging of products and crops produced on the land provided, however, 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
8. Swimming pools and spas (see also section 12.20)
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
3. Concrete and asphalt batch plants temporarily located on a parcel.
4. Event barns.
5. Gas and electric utility uses not requiring authorization under Wisconsin Statutes, section 196.491(3).
6. Housing for farm laborers or caretakers.
7. Housing for seasonal or migratory farm workers.
8. Kennels (commercial or noncommercial).
9. A second single-family farm related residential dwelling.
10. Large wind energy systems.
11. Solar farms.
12. Storage of recreational vehicles, boats or snowmobiles.
13. Utility substations.
14. Bed and breakfast establishments. (8/9/94)
15. Riding stables and indoor riding arenas (public).
16. Borrow pits (temporary); stockpiling or filling of clean fill materials.
(e) Parcel Area and Width.
1. Farm structures hereafter erected, placed, moved or structurally altered and related farm activities shall provide a contiguous area of not less than thirty-five (35) acres and no farm shall have a frontage of less than 600 feet in width.
(f) Building Type, Separation, Number, Height and Area.
1. 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.
2. For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of this ordinance may be separated from a larger farm parcel.
3. No farm buildings or parts of farm buildings shall exceed 100 feet in height
4. No residential dwelling or part thereof, shall exceed 35 feet in height
5. A total minimum floor area of a residential dwelling shall be a minimum of 1000 square feet with a minimum first floor area of 1000 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer
(i) Rezoning, Conditional Uses, and Enforcement. Any rezoning of any parcel of land in the A-1 Agricultural Preservation District shall be in accordance with Wisconsin Statute, section 91.48. Furthermore, the Department of Agriculture shall be notified of the approval of any conditional use permits in the A-1 District. Enforcement provisions necessary for the proper administration of the Farmland Preservation Act shall be as specified in Chapter 91 of the Wisconsin Statutes. [Ord. 6 (2022); Code § 12.20-1.]
(a) Primary purpose and characteristics.
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 town 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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
In addition to those principal uses permitted in the A-1 Agricultural Preservation District, the following are deemed to be principal uses in the A-2 General Agricultural District:
1. (Reserved for future use) (8/6/02)
2. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all state statutory requirements
3. Equestrian trails
4. Foster family homes having less than four foster children and not exceeding 8 total occupants and are in conformance with all state statutory requirements
5. (Reserved for future use) (8/6/02)
(c) Accessory Uses
1. Those accessory uses permitted in the A-1 Agricultural Preservation District
2. Small wind energy system
3. Solar energy system
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Assemblies over 5,000 or more individuals.
3. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
4. Concrete and asphalt batch plant temporarily located on a parcel.
5. Event barns.
6. Housing for farm laborers or caretakers.
7. Kennels (commercial or noncommercial).
8. Large wind energy systems.
9. Storage of recreational vehicles, boats and snowmobiles.
10. Utility substations.
11. Bed and breakfast establishments. (8/9/94)
12. Borrow pits (temporary); stockpiling or filling of clean fill materials.
13. Riding stables and indoor riding arenas (public).
14. Solar farms.
1. Parcels shall have a minimum area of ten (10) acres, and
2. All such parcels shall have a frontage of not less than 300 feet in width.
1. No farm building or farm related building shall exceed 100 feet in height
2. No residential dwelling shall exceed 35 feet in height
3. The total minimum floor area of a residential dwelling shall be 1000 square feet with a minimum first floor area of 1000 square feet
4. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System
2. Public sanitary sewer [Ord. 6 (2022); Code § 12.20-2.]
(a) Primary purpose and characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Agricultural warehousing (commercial)
2. Seed and grain processing and preparation
3. Blending and preparing of flour
4. Breeding services
5. Canning of fruits, vegetables, preserves, jams and jellies
6. Commercial storage, curing, drying, churning, processing and packaging of agricultural products
7. Contract sorting, grading and packaging services for fruits and vegetables
8. Cornshelling, hay baling and threshing services
9. Drying and dehydrating fruits and vegetables
10. Fluid milk processing
11. Fruit and vegetable pickling, vegetable sauces and seasoning, salad dressing preparation
12. Fur farm
13. Grain elevators and bulk storage of feed grains
14. Grist mill services
15. Milling of rice, vegetable and soybean oil
16. Poultry and small game dressing and packing providing all operations shall be conducted within an enclosed building
17. Poultry hatching services
18. Preparation of cereals
19. Preparation of feeds for animal and fowl
20. Production of chocolate and cocoa
21. Production of condensed and evaporated milk
22. Production of creamery butter
23. Production of flour and other grain mill product
24. Production of frozen fruits, fruit juices, vegetables and other specialties
25. Production of natural and processed cheese
26. Production of wine, brandy and brandy spirits
27. Sales or maintenance of farm implements and related equipment
28. Sugar processing and production
29. Wet milling of corn
(c) Accessory Uses.
1. Agricultural Windmills
2. Living quarters for not more than two watchmen or caretakers.
3. Small wind energy system
4. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Commercial egg production
2. Commercial feed lot
3. Concrete and asphalt batch plants temporarily located on a parcel
4. Fertilizer production, sales, storage, mixing, and blending
5. Gasohol and fuel related alcohol plants
6. Large wind energy system
7. Livestock sale facilities
8. Malt production
9. Meat packing, slaughterhouse and production of sausages and other meat products
10. Processing and packaging of animal bedding materials (8/20/91)
11. Production of animal and marine fats and oils
12. Production of shortening, table oils, margarine and other edible fats and oils
13. Utility substations
(e) Parcel Area and Width.
1. Parcels shall have a minimum area of five (5) acres, and
2. All such parcels shall have a frontage of not less than 300 feet in width
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building located in an A-3 district shall exceed 100 feet in height
2. 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.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures.
4. Rear yard - not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer system [Code § 12.20-3.]
(a) Primary Purpose and Characteristics. The Kenosha County Board of Supervisors 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 Kenosha County Planning, Development & Extension Education Committee 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. (11/5/84)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of the Municipal Code of Kenosha County for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Apiculture (beekeeping).
2. Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all State statutory requirements.
3. Contract sorting, grading and packaging of fruits and vegetables.
4. Corn shelling.
5. Dairy farming and general agriculture.
7. One farm dwelling.
8. 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. (6/2/92)
9. 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 section 12.40.080(b)(113) of the Municipal Code of Kenosha County.
10. Single-family residence on lots of record created prior to the adoption of the ordinance codified in this section where said existing lot is less than 35 acres (see section 12.39.050 of the Municipal Code of Kenosha County).
11. Floriculture (cultivation of ornamental flowering plants).
12. Forest and game management.
13. Foster family homes having less than four foster children and not exceeding eight total occupants and are in conformance with all State statutory requirements.
14. Grazing or pasturing.
15. Greenhouses, not including retail sales of plants and flowers.
16. Hay baling.
17. Livestock raising, except commercial feed lot and fur farms.
18. Orchards.
19. Paddocks.
20. Pea viners.
21. Plant nurseries.
22. Poultry raising, except commercial egg production and commercial poultry feed lots.
23. Raising of grain, grass, mint and seed crops.
24. Raising of tree fruits, nuts and berries.
25. Sod farming.
26. Threshing services.
27. Vegetable raising.
28. Viticulture (grape growing).
(c) Accessory Uses.
1. Feed lot (not commercial and only for permitted farm uses).
2. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17 of the Municipal Code of Kenosha County). (8/6/02)
4. Roadside stands (one such stand permitted only for selected farm products produced on the premises and not exceeding 300 square feet in floor area).
5. Small wind energy system.
6. Solar energy system.
7. 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.
8. Swimming pools and spas (see also section 12.20 of the Municipal Code of Kenosha County). (8/6/02)
9. Fences (see also section 12.19.020 of the Municipal Code of Kenosha County). (8/6/02)
10. Decks and patios (see also section 12.18.030 of the Municipal Code of Kenosha County).
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.)
1. Airstrips, landing fields and hangars for personal or agricultural related uses.
2. Bed and breakfast establishments. (8/9/94)
3. Borrow pits (temporary); stockpiling or filling of clean fill materials. (8/6/02)
4. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements.
5. Concrete and asphalt batch plants temporarily located on a parcel.
6. Gas and electric utility uses not requiring authorization under WSA 196.491(3).
7. Housing for farm laborers or caretakers. (8/6/02)
8. Housing for seasonal or migratory farm workers.
9. Large wind energy systems.
10. Second single-family farm related residential dwellings.
11. Solar farms.
12. Storage of recreational vehicles, boats or snowmobiles.
13. Utility substation.
14. Riding stables and indoor arenas (public). (8/6/02)
(e) Parcel Area and Width.
1. Parcels shall have a minimum area of 40,000 square feet.
2. All such parcels shall have a frontage of not less than 150 feet in width.
(f) Building Type, Separation, Number, Height and Area.
1. 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.
2. For purposes of farm consolidation, farm residences or structures which existed prior to the adoption of the ordinance codified in this section may be separated from a larger farm parcel.
3. No farm buildings or parts of farm buildings shall exceed 100 feet in height.
4. No residential dwelling or part thereof shall exceed 35 feet in height.
5. 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.
6. All residential dwellings shall be attached to a permanent foundation, be properly connected to required utilities, have a building footprint of not less than 24 feet in width, have a roof pitch of not less than 4/12, and an eave extension of at least six inches. (8/6/02)
(g) Yards.
1. Street yard – not less than 65 feet from the right-of-way of all Federal, State and County trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard – not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard – not less than 25 feet in width on each side of all structures.
4. Rear yard – not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer. [Ord. 7 (2022); Ord. 6 (2022); Code § 12.20-4.]
(a) Primary purpose and characteristics. The AE-1 Agricultural Equestrian Cluster Single-Family District is intended to preserve rural landscape character; sensitive natural resource areas; equestrian buildings, barns, paddocks, pastures, and scenic corridors (vistas); while permitting residential estate type housing on clustered lots as a secondary use and integrated as part of an equestrian facility. The AE-1 Agricultural Equestrian Cluster Single-Family District may be served either by on-site soil absorption sewage disposal systems or by public sanitary sewer facilities. Specific objectives are as follows:
1. 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, ridge tops, steep slopes, and critical species habitat by setting them aside from development and allow for development of equestrian facilities.
2. To provide quality residential development that has direct access to equestrian facilities.
3. To preserve scenic views and to minimize views of new development from existing streets.
4. 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.
5. 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.
6. 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.
7. To permit equestrian use of open space by residents of the development and the public, when appropriate.
8. To create a network of equestrian trails between equestrian developments and public land.
(b) Principal Uses.
1. Equestrian Facility, private, confined to a single lot including equestrian buildings, such as, barns, arenas, silos, storage sheds, cribs, paddocks, and stables.
2. Clustered single-family detached dwellings.
3. Community living arrangements having a capacity for 8 or fewer persons and which shall be in conformance with all State statutory requirements.
5. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and which are in conformance with all State statutory requirements.
6. Open space, including:
a. Conservation of land in its natural state (for example, woodland, fallow field, or managed meadow.)
b. Wildlife sanctuary, forest preserve, or similar uses designated for the protection and propagation of wildlife.
c. Pasture for horses
d. Passive recreation, including, but not limited to, hiking trails, bridle trails, picnic areas, community gardens, and lawn area.
e. Easements for access, drainage, sewer and water lines, pipelines, or other public purposes.
f. Storm water management facilities including detention basins, retention basins, rain gardens, and other best management practices.
g. Water supply, and sewerage systems for individual lots, cluster groups, or the entire development.
h. Utility and street rights-of-way except that their land areas shall not count toward the minimum open space requirement.
(c) Residential Accessory Uses.
1. Accessory structures such as detached garages, sheds, gazebos, and boathouses.
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas.
6. Fences.
7. Decks and Patios (see also section 12.18.030 of the Municipal Code of Kenosha County.)
(d) Equestrian Conditional Uses.
1. Private roads and gated entrances
2. Public equestrian facility offering services open to the public (such as riding classes, public riding hours, and shows)
3. Housing for Caretakers
4. Bridle equipment sales and repair (pro shop)
5. Utility substations
6. Wind energy systems
7. Solar energy systems
(e) Residential Conditional Uses.
1. Private roads and gated entrances provided that said private roads: meet local unit of government 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 local unit of government fire and rescue officials.
2. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all State statutory requirements.
3. Utility substations
4. Wind energy systems
5. Solar energy systems
6. Community swimming pools
7. Community center for the use of residents not including equestrian facilities
(f) Required Facilities. The district requires that as a condition of approval there is an existing equestrian facility on the site with a minimum capacity of 100 horses, or that an equestrian facility will be built. For those circumstances when facilities are not in place there will be no zoning permits granted on the residential portion of the site until the equestrian facility is built according to submitted plan and guarantees made that it will remain for perpetuity through deed restrictions.
(g) Separation Distances for Residential Cluster Groups.
1. The outer boundaries of all residential cluster groups shall conform to the following separation distances:
From all tract boundaries | 50 feet |
From equestrian buildings, barns, and paddocks | 50 feet |
From other cluster groups | 50 feet |
From wetlands, floodplains, or navigable waterways | 35 feet |
From active recreation areas, such as courts or playing fields | 50 feet |
2. All separation areas for cluster groups along existing streets shall be landscaped in accordance with Section 14.08.150 of the Kenosha County Land Division Control Ordinance in order to block views of new residential development, preserve scenic views, and to protect rural landscape character.
3. 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.
(h) Overall Density and Dimensional Standards.
1. Minimum tract size: 120 acres
2. Maximum density[a]: 1 du/5 acres
3. Equestrian Facility/open space [b]: 60 percent
a. 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 percent of wetlands and floodplain may be counted toward the calculation of density.
b. 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.
(i) Lot Density and Dimensional Standards.
1. For equestrian facility lots and residential dwelling lots:
Development Standard | Equestrian Facilities Lot | Residential lot |
|---|---|---|
Minimum lot area | 10 acres | 60,000 sq. ft. |
Minimum lot width [a] | 300 feet | 150 feet |
40 feet | 50 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | ||
25 feet | 25 feet | |
50 feet | 50 feet | |
Accessory buildings setback and size regulation [b] | See section 12.17 | See section 12.17 |
Maximum building height 65 feet for equestrian building; 35 feet for separate caretaker building | - 35 feet | |
Maximum building coverage | N/A | 10 percent |
a. Lot frontage may be reduced on lots located on a cul-de-sac, court, or curve to feet provided there is at least 150 feet at the building setback line.
b. Accessory buildings on residential lots are not permitted in front yards.
(j) Design Standards for Equestrian Facility.
1. All equestrian facility, including equestrian buildings, such as, barns, arenas, silos, storage sheds, cribs, paddocks, and stables, must be contained to a single lot.
2. A site plan for the equestrian facility lot must be included as part of the plat and zoning petition.
3. A plat may contain only one lot with equestrian facilities.
4. 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 percent of a single wooded lot is cleared for the construction of a barns, arenas, silos, storage sheds, cribs, paddocks, and stables, and onsite soil absorption system.
5. 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.
(k) Design Standards for Residential Cluster Groups.
1. All dwelling shall be grouped in clusters groups, each of which shall contain at least 2 but not more than 12 units and shall be surrounded by equestrian facility/open space.
2. 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 ordinance.
3. A plat may contain one or more cluster groups.
4. 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.
5. The outer boundaries of each cluster group shall meet the separation distances specified in Section 12.51.010.050(g).
6. 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.
7. All lots in a cluster group shall take access from interior streets.
8. 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.
9. 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 percent of a single wooded lot is cleared for the construction of a dwelling, driveway, garage, storage building, well, and onsite soil absorption system.
10. Street trees shall be provided as required by the local unit of government land division or subdivision ordinance within which the development is located. If no such local unit of government land division or subdivision ordinances exists or requires the planting of street trees, street trees shall be required in cluster groups at a minimum rate of one 2-inch caliper tree per dwelling unit and shall comply with the requirements of Section 14.08-15 of the Kenosha County Land Division Control Ordinance.
(l) Design Standards for Open Space.
1. Open space shall consist of only those uses identified in section 12.51.010.050 (b) 6.
2. The location of Open space shall be consistent with the objectives of any applicable comprehensive plan or comprehensive plan component.
3. All open space areas shall be part of a larger contiguous and integrated open space system. At least 75 percent of the open space shall be contiguous to another open space area. For the purpose of this section, contiguous shall be defined as located within 50 feet across which access is possible, for example on opposite sides of an internal street.
4. 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 ordinance. Primary and secondary environmental corridors and isolated natural areas as identified by the Southeastern Wisconsin Regional Planning Commission are of particular significance for protection.
5. 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.
6. All wetland, floodplain, unique wildlife habitat areas, steep slopes over 12 percent, 100 percent of lowland environmental corridor and at least 80 percent of upland primary environmental corridors shall be contained in open space.
7. 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.
8. To preserve scenic views, ridge tops and hill tops should be contained within open space wherever possible. Trees shall not be removed from ridge tops or hill tops.
9. At least 80 percent of the area of existing woodlands shall be contained within open space; 20 percent of the area of existing woodlands may be used for lot areas and residential development. This limitation may be exceeded under the following conditions:
a. The site is primarily wooded and development at permitted density would not be possible without encroaching further on woodlands.
b. Any encroachment on woodlands beyond 20 percent shall be the minimum needed to achieve maximum permitted density.
10. 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.
11. 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.
12. Trails in open space that abut residential lots in cluster groups shall be identified by plantings, fences, or other landscape features.
13. 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.
14. 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.
15. 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 ordinance.
(m) Ownership and Maintenance of Common Facilities and Open space.
1. 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:
a. Owners Association
Common facilities and/or open space shall be held in common ownership as undivided proportionate interests by the members of a homeowners association, subject to the provisions set forth herein. The homeowners association shall be governed according to the following:
1) The applicant shall provide to the Kenosha County Department of Planning and Development a description of the organization, including its bylaws and all documents governing maintenance requirements and use restrictions for common facilities and/or open space.
2) The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.
3) Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
4) The organization shall be responsible for maintenance and insurance of common facilities and/or open space.
5) The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities and/or open space.
6) The organization shall have or hire adequate personnel to administer, maintain, and operate common facility and/or open space.
7) The applicant for any tract proposed to contain common facilities and/or open space shall arrange with the Town Assessor a method of assessment of the common facilities and/or open space which will allocate to each tax parcel in the development a share of the total tax assessment for such common facilities and/or open space. Real estate taxes shall be paid by the individual unit owner directly to the Town.
8) Written notice of the proposed transfer of common facilities and/or open space by the homeowner’s association or the assumption of maintenance of common facilities and/or open space must be given at all members of the organization and to the Town and County at least 39 days prior to such event.
b. Condominium
Common facilities and/or equestrian facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved by the Town/County Attorney and shall be in conformance with the “Condominium Ownership Act” of 1977 (Chapter 703, Wisconsin Statutes), as amended. All open space and other common facilities shall be held as “common element” by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
c. Fee simple dedication to a public agency.
The Town/County or other public entity acceptable to the Town/County may, but shall not be required to, accept any portion of the common facilities and/or open space; provided, that:
1) There shall be no cost of acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) Any facilities so dedicated shall be accessible to the residents of the Town/County, if the Town/County so chooses;
3) The Town/County or other public entity shall maintain such common facilities and/or open space.
4) The equestrian facility owner shall hold a conservation easement on the land and facilities so dedicated, protecting the common facilities and/or open space from development in perpetuity.
d. Dedication of conservation easements to a public agency
The Town/County or other public agency acceptable to the Town/County may, but shall not be required to, accept easements for public use of any portion of the common facilities and/or open space, title of which is to remain in private ownership; provided, that:
1) There shall be no cost of easement acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) A satisfactory maintenance agreement shall be reached between the owner and the Town/County.
3) Lands under a Town/County easement may or may not be accessible to the residents of the Town/County.
e. Fee simple dedication to a private conservation organization.
An owner may dedicate any portion of the common facilities to a private, not-for-profit conservation organization; provided, that:
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfers in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
f. Transfer of easements to a private conservation organization.
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
g. Ownership retained by the original landowner and/or equestrian facility owner.
1) The Town/County and the residents of the development shall hold conservation easements on the land protecting it from any further development.
2) Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
h. Other methods acceptable to the Kenosha County Department of Planning and Development.
2. Maintenance and operation of common facilities and open space.
a. A plan and narrative for the use, maintenance, and insurance of all common facilities and open space, including provisions for funding, shall be provided to and approved by the Kenosha County Department of Planning and Development prior to preliminary plan approval. Such plan shall:
1) Define ownership;
2) Establish necessary regular and periodic operation and maintenance responsibilities, including mowing schedules, weed control, planting schedules, clearing and cleanup.
3) Include a manure management plan.
4) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis.
5) At the discretion of the Kenosha County Department of Planning and Development, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities and open space for a maximum of one year.
b. In the event that the organization(s) established to own and/or maintain common facilities and open space, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the Town/County may serve written notice upon such organization, and upon the residents and owners of the uses related thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this ordinance, and any permits may be revoked or suspended. The Town/County may enter the premises and take corrective action.
c. The costs of corrective action by the Town/County shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and open space and shall become a lien on said properties. The Town/County, at the time of entering upon such common facilities and open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
3. 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:
a. The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
b. The common facilities and/or open space lands to be leased shall be maintained for the purpose set forth in the ordinance.
c. The operation of such leased common facilities and/or open space lands may be for the benefit of the residents of the development only, or may be open to the public, if so determined by the residents.
d. The lease, and any transfer of assignment thereof, shall be subject to the approval of the Town/County Board.
e. Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the Town/County Board.
4. 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 Kenosha County Department of Planning and Development and duly recorded in the office of the County Register of Deeds. [Code § 12.20-5.]
(a) Primary Purpose and Characteristics. The R-1 Rural Residential District is intended to provide for single-family residential development, in a predominantly rural setting, at densities not to exceed 0.2 dwelling units per developable net acre.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such a detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all State statutory requirements
2. Large wind energy system
3. Model single-family homes and related temporary real estate sales office located within the model unit
4. Utility substations
5. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1400 square feet with a minimum first floor area of 1000 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer [Code § 12.21-1.]
(a) Primary Purpose and Characteristics. The R-2 Suburban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 1.1 dwelling units per developable net acre, served by on-site soil absorption sanitary sewage systems (septic tanks) and private wells. (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family home and related temporary real estate sales office located within the model unit
3. Utility substations
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of the dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk high-ways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
2. Public sewer system [Code § 12.21-2.]
(a) Primary Purpose and Characteristics. The R-3 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 2.2 dwelling units per developable net acre, served only by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substation
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads(8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures
4. Rear yard - not less than 25 feet
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-3.]
(a) Primary Purpose and Characteristics. The R-4 Urban Single-Family Residential District is intended to provide for single-family residential development at densities not exceeding 2.9 dwelling units per developable net acre served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than four foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit.
3. Utility substations
4. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
1. Lots shall have a minimum of 15,000 square feet
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1200 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-4.]
(a) Primary Purpose and Characteristics. The R-5 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not exceeding 4.4 dwelling units per developable net acre, served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum of 10,000 square feet
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1000 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with. [Code § 12.21-5.]
(a) Primary Purpose and Characteristics. The R-6 Urban Single-Family Residential District is intended to accommodate existing single-family development where densities may reach 7.3 dwelling units per developable net acre in order that residences in these districts shall not be rendered nonconforming uses. The district further provides for new development to fill in voids in existing small lot subdivisions. All R-6 residential development should preferably be served by public sanitary sewage systems. Any additional lands or new subdivisions shall be considered for rezoning into this district only if the parcel in question abuts a city of the second class and furthermore abuts a residential subdivision located within the city of the second class and only if the individual parcels in the aforementioned subdivision are 6000 square feet per unit or less and served by public sanitary sewer.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One single-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Utility substations
(e) Lot Area and Width.
2. 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
3. Unsewered lots in the shoreland. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet.
4. Sewered lots in the shoreland. The minimum lot area shall be 10,000 sq. ft. and the minimum average lot width shall be 65 feet.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 800 square feet with a minimum first floor area of 800 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 30 feet from the right-of-way of all Federal, State Trunk, or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 8 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. On-site sewage disposal absorption system only for lots of record existing at the time of adoption of this ordinance
2. Public sanitary sewer [Code § 12.21-6.]
(a) Primary Purpose and Characteristics. The R-7 Suburban Two-Family and Three-Family Residential District is intended to provide for two-family and three-family residential development in areas where public sanitary sewage facilities are not available, and densities do not exceed 1.1 dwelling units per developable net acre for two-family development and 1.3 dwelling units per net acre for three-family development.
(b) Principal Uses.
1. Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than four foster children and not exceeding eight total occupants and are in conformance with all State statutory requirements
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having nine but not more than 15 persons and in conformance with all State statutory requirements
2. Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. 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
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. 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.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk high-ways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 20 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. On-site sewage disposal absorption system [Code § 12.21-7.]
(a) The R-8 Urban Two-Family Residential District is intended to provide for two-family residential development at densities not to exceed 4.4 dwelling units per developable net acre served by public sanitary sewage facilities.
(b) Principal Uses.
1. Community living arrangements having a capacity of 8 or fewer persons and which shall be in conformance with all State statutory requirements
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. One two-family dwelling
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements having 9 but not more than 15 persons and in conformance with all State statutory requirements
2. Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
2. 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The total minimum floor area of a two-family residential structure shall be 2000 square feet or 1000 square feet per unit. The minimum first floor area of the structure shall be 1500 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer [Code § 12.21-8.]
(a) Primary Purpose and Characteristics. The R-9 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 8.7 dwelling units per developable net acre, served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings not to exceed eight (8) units per structure with densities not to exceed 8.7 unites per net acres serviced by public sanitary sewage facilities.
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
2. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of the larger of 10,000 square feet or 5,000 square feet per unit
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 1500 square feet, and the minimum first floor area of a multiple-family structure shall be 1,000 square feet. In addition thereto:
a. Efficiency or one-bedroom apartments shall have a minimum floor area per dwelling unit of 500 square feet
b. Two-bedroom apartments shall have a minimum floor area per dwelling unit of 750 square feet, and
c. Three or more bedroom apartments shall have a minimum floor area per dwelling unit of 1,000 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public Sanitary Sewer [Code § 12.21-9.]
(a) Primary Purpose and Characteristics. The R-10 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 10.8 dwelling units per developable net acre served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings not to exceed eight (8) units per structure
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
2. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of 12,000 square feet or 4,000 square feet per unit, whichever is larger, and
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 2,000 square feet, and in addition thereto:
a. The minimum floor area per dwelling unit for an efficiency or one bedroom apartment shall be 400 square feet;
b. The minimum floor area per dwelling unit of a two-bedroom apartment shall be 600 square feet; and
c. The minimum floor area per dwelling unit of a three or more bedroom apartment shall be 800 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public Sanitary Sewer [Code § 12.21-10.]
(a) Primary Purpose and Characteristics. The R-11 Multiple-Family Residential District is intended to provide for multiple-family residential development, at densities not to exceed 12.4 dwelling units per developable net acre, served by public sanitary sewage facilities. 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 ordinance (See Section 12.08.020). (8/6/02)
(b) Principal Uses.
1. Community living arrangements having a capacity of 15 or fewer persons and which shall be in conformance with all State statutory requirements (2/18/92)
3. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
4. Multiple-family dwellings
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
1. Community living arrangements for 16 or more persons and which are in conformance with all State statutory requirements (2/18/92)
3. Model apartments and model condominiums and related temporary real estate sales office located within the model unit
4. Utility substations
(e) Lot Area and Width.
1. Lots shall have a minimum area of 20,000 square feet or 3,000 square feet per unit, whichever is larger, and
2. 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.
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or parts of a building shall exceed 35 feet in height
2. The minimum total floor area of a multiple-family residential structure shall be 3,000 square feet, and in addition thereto:
a. The minimum floor area per dwelling unit for an efficiency or one bedroom apartment shall be 300 square feet;
b. The minimum floor area per dwelling unit of a two-bedroom apartment shall be 500 square feet; and
c. The minimum floor area per dwelling unit for a three or more bedroom apartment shall be 600 square feet.
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State, and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer [Code § 12.21-11.]
(a) Primary Purpose and Characteristics. The R-12 Mobile Home/Manufactured Home Park/Subdivision Residential District is intended to provide for the location of mobile home/manufactured home parks and mobile home/manufactured home subdivisions in the residential setting that is compatible with adjacent land uses. Mobile homes are declared herein to be residential dwellings and entitled to the same protection from incompatible uses as is afforded in other residential districts. 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 ordinance (See Section 12.08.020).
(b) Principal Uses.
1. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and are in conformance with all State statutory requirements
3. One individual mobile home or manufactured home on a lot in a mobile home park or subdivision
(c) Accessory Uses.
1. Accessory buildings, such as detached garages, sheds and gazebos, and boathouses (see also section 12.17) (8/6/02)
2. Small wind energy system
3. Solar energy system
4. Swimming pools and spas (see also section 12.20) (8/6/02)
(d) Conditional Uses (see also section 12.40.080).
2. Model mobile home/manufactured home and related temporary real estate sales office located within the model unit
3. Utility substations
(e) Lot Area and Width.
1. Lots in a mobile home/manufactured home park or subdivision shall have a minimum of 7500 square feet in area
2. 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
(f) Building Height and Area.
1. No building or parts of a building shall exceed 15 feet in height
2. The minimum floor area shall be 600 square feet
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk, and County Trunk highways; and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 10 feet.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
2. On-site sewage disposal absorption system on lots of record created prior to adoption or amendment of this ordinance; provided, that section 12.05.010(d) of this ordinance is fully complied with [Code § 12.21-12.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (8/6/02).
1. Bakeries
2. Barber shops, beauty shops and salons
3. Bicycle Shops
4. Bookstores
5. Cafe / Coffee shops
6. Computer sales and repair shops
7. Bars / Taverns and wine taps (without outdoor dining, entertainment or recreation) (i.e., volleyball, horseshoes, etc.)
8. variety stores
9. Drug stores
10. Dry cleaning and laundry establishments
11. Flower shops
13. Hardware stores
14. Hobby, craft, toy and game shops
15. Liquor stores
17. Record and prerecorded tape stores
18. Restaurants (not including fast food and drive-ins)
19. Shoe repair stores
(c) Accessory Uses.
1. Garages for the storage of vehicles used in conjunction with the operation of the business
2. Off-street parking and loading
3. Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
4. Small wind energy system
5. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Flea Markets
2. Fueling stations
3. Utility substations
(e) Lot Area and Width.
1. 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.
2. 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height.
2. Buildings which are individual retail stores shall not exceed 2500 square feet in area and customer service establishments or offices shall not exceed 1500 square feet in area
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Code § 12.22-1.]
(a) Primary Purpose and Characteristics. 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 Kenosha County. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Any principal use permitted in the B-1 Neighborhood Business District.
2. Antique and secondhand stores (excluding pawnshops)
3. Appliance and furniture stores without related warehousing
4. Automotive and marine supply stores
5. Bowling alleys
7. Cafe / Coffee shops
8. Camera and photographic supply stores
9. Carpet and flooring stores
10. Caterers
11. Christmas tree sales
12. Civic, Social and Fraternal Associations
13. Clinics
14. Clothing, apparel and footwear stores
15. Commercial recreational facilities (indoor) such as bowling alleys, skating rinks, athletic clubs, tennis and handball courts, swimming pools
16. Delicatessens
17. Department stores
19. Financial Institutions
20. Funeral homes
21. Gift stores
23. Jewelry stores
24. Limited Adult Media Stores, as provided in section 12.33.060 (3/16/04)
25. Meat and fish markets
26. Music stores
27. Nightclubs and dance halls
29. Optical stores
30. Paint, glass and wallpaper stores
31. Parking lots (off-site)
32. Personal service establishments
33. Pet shops
34. Photocopying and Duplicating Services
35. Physical fitness facilities
36. Racquet ball and tennis courts (indoor)
37. Radio-T.V. broadcast studios
38. Restaurants, including fast food and drive-in restaurants and associated micro-brewery
39. Sign and banner shops
40. Sporting goods stores
41. Supermarkets
42. Theaters
43. Tobacco shops
44. Upholstery shops
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading areas
4. Residential quarters for the owner or proprietor, or rental apartments on a nonground floor level; provided, that there shall be a minimum floor area of 300 square feet for an efficiency or one bedroom apartment, 500 square feet for a two bedroom or larger apartment. There shall be no more than two (2) rental apartments per parcel above a B-2 district store or office. (8/6/02)
5. Small wind energy system
6. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Animal hospitals, shelters and kennels and veterinary services
2. Automotive sales, service, and mechanical repairs
3. Battery energy storage system – on-site five MW or greater
4. Boat Launches
5. Bus depots
6. Car washes
7. Commercial recreational facilities (outdoor)
8. Flea Markets
9. Fueling stations
10. Railroad depots
11. Tattoo and Body Piercing establishments
12. Utility substations
13. Restaurants, bars or taverns with outdoor dining, recreation, entertainment (i.e., volleyball, horseshoes, etc.)
(e) Lot Area and Width.
1. 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
2. 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
(f) Building Height.
1. No building or parts of a building shall exceed 35 feet in height, and
2. 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.
(g) Yards (8/6/02).
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard – not less than 10 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-2.]
(a) Primary Purpose and Characteristics. 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 ordinance 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (3/16/04).
1. Any principal use permitted in the B-1 Neighborhood Business District, B-2 Community Business District or B-4 Planned Business District
2. Adult establishments, as provided in section 12.33.060
3. Appliance and furniture stores with related warehousing
4. Garden supply stores
5. Gunsmith shop
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for the storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading
4. Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.
5. Small wind energy system
6. Solar energy systems
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Arenas and stadiums
2. Automotive body repair
3. Automotive and marine sales, service and repairs including related towing
4. Battery energy storage system – on-site five MW or greater
5. Car washes
6. Concrete and asphalt batch plants temporarily located on a parcel
7. Convenient Cash Businesses
9. Flea markets
10. Fueling stations
11. Indoor Shooting Ranges
12. Self-storage Facilities
13. Pawnshops
14. Recreational vehicle, motor home, farm implement or similar large size vehicle or equipment sales involving extensive outdoor display and storage
15. Restaurants, bars or taverns with outdoor dining, entertainment or recreation (i.e., volleyball, horseshoes, etc.)
16. Tattoo and body piercing establishments
17. Truck stops, sales and service
18. Utility substations
19. Large wind energy system
(e) Lot Area and Width (3/16/04).
1. Individual businesses served by either public sanitary sewage facilities or 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-3.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (8/6/02). Any principal use allowed in the B-1 Neighborhood Business District, B-2 Community Business District or B-3 Highway Business District.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the business
3. Off-street parking and loading areas
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Battery energy storage system – on-site five MW or greater
2. Flea Markets
3. Fueling stations
4. Utility substations
5. Large wind energy system
(e) Lot Area and Width.
1. Groupings of shops and businesses in the B-4 Business District shall provide a minimum area of two (2) acres and a minimum frontage of 200 feet in width.
2. 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not closer than 45 feet to any other lot line.
4. Rear yard - not closer than 45 feet to any other lot line.
(h) Authorized Sanitary Sewer System.
1. Public sanitary sewer
3. Holding tanks on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.22-4.]
(a) Primary Purpose and Characteristics. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Office of Planning and Zoning Administration pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Wholesale and bulk sales, and warehousing of the following products; provided, that no outdoor storage is permitted:
a. Air conditioning, refrigerated equipment, and supplies.
b. Apparel, footwear and accessories.
c. Appliances, furniture and home furnishings.
d. Automobile equipment.
e. Beer, wine, and distilled alcoholic beverages.
f. Commercial and industrial machinery, equipment, and supplies.
g. Confectionery.
h. Drugs and pharmaceuticals
i. Electronics
j. Food and Groceries (dairy products, fish and seafood, fruit and vegetables, meat and meat products not including slaughtering and outdoor confinement)
k. Hardware.
l. Household goods.
m. Lumber and construction materials.
n. Metals and minerals.
o. Paint and varnishes.
p. Paper and paper products.
q. Plumbing and heating equipment and supplies.
r. Professional equipment and supplies.
s. Service establishment equipment and supplies
t. Textiles and fabrics
u. Tires and tubes.
v. Tobacco and tobacco products.
w. Transportation equipment and supplies.
2. Mail order distribution centers
3. Printing and publishing houses.
4. Refrigerated warehousing.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of a business.
3. Off-street parking and loading.
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (See also Section 12.40.080) (8/6/02).
1. Animal hospitals, shelters, veterinary services, and kennels accessory to a veterinarian or animal hospital.
2. Automotive sales, service and repairs including related towing.
3. Battery energy storage system – on-site five MW or greater
4. 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.
5. Freight terminals, yards, freight forwarding services, packing and crating services and related equipment storage and maintenance facilities.
6. Fuel oil, bottled gas, and ice dealers.
7. Fueling stations, automobile servicing and repair.
8. Indoor shooting ranges
9. Laboratories for testing, research, and experimental purposes.
10. Large wind energy system
11. Millwork, lumber yards, saw mills, and planing mills.
12. Petroleum stations and terminals
13. Self-storage facilities.
14. Water storage tanks and towers, radio and television transmitting and receiving towers, and microwave relay stations.
(e) Lot Area and Width.
1. 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.
2. 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.
(f) Building Height and Area.
1. No building and parts of a building shall exceed 35 feet in height.
2. 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.
(g) Reserved for future use.
(h) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk, or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard - not closer than 25 feet to any other lot line.
4. Rear yard - not closer than 25 feet to any other lot line. [Ord. 13 (2024); Code § 12.22-5.]
(a) Intent. Mindful of the fact that it is the intent of this Ordinance to protect the health, safety and morals of the citizens of Kenosha County and to further preserve the quality of family life and to preserve the rural and urban characteristics of its neighborhoods in Kenosha County and prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods, and also mindful of the effects of adult entertainment upon minors and the violation of civil rights of many persons partaking in such entertainment, and also mindful of the criminal activity and disruption of public peace associated with such establishments, and also mindful of the unsanitary and unhealthful conditions associated with such establishments, it is the intent of this section to regulate the location and certain characteristics of such establishments. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the adult establishment permit, if a sensitive land use is located within 1,000 feet of the adult establishment. By the enactment of this ordinance, the Kenosha County Board of Supervisors does not intend to give any explicit, implicit or tacit approval or condone any activity relating to adult entertainment.1
________________________
1
The following recitals were adopted as part of the Preamble to Ordinance 45 adopted by the Kenosha County Board on 3/16/04.
RECITALS
A. WHEREAS, the operation of adult establishments and certain activities that frequently occur in or around adult establishments tend to have adverse secondary effects on communities, including increasing criminal and other offensive activity, disrupting the peace and order of communities, depreciating the value of real property, harming the economic welfare of communities, encouraging or facilitating the spread of sexually transmitted diseases, and impairing the quality of life of the communities; and
B. WHEREAS, the adverse secondary effects of adult establishments are well documented in studies by other communities, including but not limited to studies by Phoenix, Arizona (1979); Tucson, Arizona (1990); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Adams County, Colorado (1998); Denver, Colorado (1998); Manatee County, Florida (1987); Indianapolis, Indiana (1984); Kansas City, Kansas (1998); Minneapolis, Minnesota (1980); St. Paul, Minnesota (1988); Las Vegas, Nevada (1978); Ellicottville, New York (1998); Islip, New York (1980); New York, New York (1994); Syracuse, New York (1999); New Hanover, North Carolina (1989); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977); Austin, Texas (1986);Beaumont, Texas (1982); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso, Texas (1986); Fort Worth, Texas (1986); Houston, Texas (1983 & 1997); Newport News, Virginia (1996); Bellevue, Washington (1988); Des Moines, Washington (1984); Seattle, Washington (1989); St. Croix County, Wisconsin (1993); and
C. WHEREAS, the adverse secondary effects of adult establishments are also reported in judicial opinions relating to adult establishments, including but not limited to City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); Young v. American Mini Theatres, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); United States v. Marren, 890 F.2d 924 (7th Cir. 1989); Tee & Bee, Inc. v. City of West Allis, 936 F. Supp. 1479 (E.D. Wis. 1996); Suburban Video, Inc. v. City of Delafield, 694 F. Supp. 585 (E.D. Wis. 1988); Urmanski v. Town of Bradley, 273 Wis. 2d 545, 613 N.W.2d 905 (Wis. App. 2000); Jake’s Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir. 2002); Déjà Vu of Nashville, Inc. v. Nashville, 274 F.3d 377 (6th Cir. 2001); Artistic Entertainment, Inc. v. City of Warner Robbins, 223 F.3d 1306 (11th Cir. 2000); Wise Enterprises, Inc., et al. v. Unified Government of Athensclarke County, Georgia, 217 F.3d 1360 (11th Cir. 2000); Stringfellow’s of New York, Ltd. v. City of New York, 91 N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (N.Y. 1998); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); Ben Rich Trading, Inc. v. City of Vineland, 126 F.3d 155 (3rd Cir. 1997); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Hang On, Inc. v. City of Arlington, 65 F. 3d 1248 (5th Cir. 1995); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); TK’s Video, Inc. v. Denton County, Texas, 24 F.3d 705 (5th Cir. 1994); LLEH, Inc. v. Wichita County, Tex., 289 F.3d 358 (5th Cir. 2002); Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); Mitchell v. Commission on Adult Entertainment Establishments of Delaware, 10 F.3d 123 (3rd Cir. 1993); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); and
D. WHEREAS, based on the above studies and cases, as well as the experiences of the County, its residents and communities, the Kenosha County Board of Supervisors finds that:
Adult establishments can and do impair the character and quality of surrounding neighborhoods, the value of surrounding properties, the economic welfare of communities, and the quality of life of residents;
Adult establishments contribute to the physical deterioration and blight of neighborhoods;
Adult establishments contribute to increased levels of criminal activities in neighborhoods where such establishments are located, including prostitution, promotion of prostitution, rape, sexual assaults, other assaults, other sex related crimes; robbery; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual molestation; molestation of a child; disorderly conduct; disturbances of the peace; drinking in public; drug use; drug dealing; littering; and other violations of the law;
The operation of adult establishments can impair property values and have other adverse secondary effects on property up to at least 1,000 feet from the adult establishments;
The impacts of adult establishments on the value of neighboring properties are greater on residential properties than nonresidential properties;
Adult retail establishments tend to have less significant secondary effects than adult entertainment establishments, and limited adult media stores, properly controlled, tend to have less significant secondary effects than other adult retail establishments.
Video viewing booths are often used by patrons of adult establishments for engaging in sexual acts, including masturbation, intercourse, sodomy, and oral copulation, resulting in unsafe and unsanitary conditions in the booths. Bodily fluids, including semen and urine, are often found in such booths. These fluids, and the activities that occur in video viewing booths, may spread communicable diseases, including, but not limited to, syphilis, gonorrhea, genital chlamydia trachomatis, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiosis, salmonella infections, and shigella infections;
Many adult entertainment establishments provide live entertainment in which physical contact between performers and customers, often sexual in nature, occurs and can occur, thus facilitating the transmission of various diseases and exposing performers to the risk of assaults and other unwelcome contact.
E. WHEREAS, the Kenosha County Board of Supervisors believes that the experiences, evidence and studies from other communities cited, set forth herein, and/or considered by the Board and the Planning, Development & Extension Education Committee in whole, part or summary, are relevant and important in understanding and addressing the secondary effects of adult establishments; and
F. WHEREAS, the secondary effects of adult establishments are detrimental to the public health, safety and general welfare of Kenosha County residents, businesses and visitors; and
G. WHEREAS, requiring adult establishments to locate in the vicinity of state trunk highways enhances the ability of county law enforcement personnel to monitor the establishments, and deter and respond to criminal activity at such establishments; and
H. WHEREAS, the Kenosha County Board of Supervisors has previously adopted regulations to limit the secondary effects of adult establishments within the County, including Kenosha County Ordinance Sections 12.37.030 and 12.40.080(b)2; and
I. WHEREAS, developments in the law subsequent to the adoption of those regulations may have rendered those regulations ineffective; and
J. WHEREAS, on August 20, 2002, the Kenosha County Board adopted Ordinance No. 21, establishing a moratorium on the acceptance of applications or issuance of permits for adult establishments under Section 12.37.030 of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance, and directing the Planning, Development & Extension Education Committee to review and recommend revisions to the regulations governing adult establishments; and
K. WHEREAS, the Planning, Development & Extension Education Committee has completed its review and made recommendations to the Kenosha County Board; and
L. WHEREAS, the Board has considered those recommendations and has determined that the techniques provided herein reduce the secondary effects of adult establishments while fully protecting the constitutional rights of citizens;
NOW, THEREFORE, … (The ordinance as adopted by the Kenosha County Board appears above in the text of this ordinance.)
(b) Definitions. For the purpose of this section:
1. Adult Bath House. An establishment or business which provides the services of baths of any kind, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner, professional physical therapist, or massage therapist licensed or registered by the State of Wisconsin, and which establishment provides to its patrons an opportunity to engage in “specified sexual activities” or to observe employees or independent contractors exhibiting “specified sexual activities” or “specified anatomical areas.”
2. Adult Body Painting Studio. An establishment or business wherein patrons are afforded an opportunity to paint images on the body of a person who is exhibiting “specified sexual activities” or “specified anatomical areas.” For purposes of this ordinance, the adult body painting studio shall not be deemed to include a tattoo parlor.
3. Adult Cabaret. An establishment or business which regularly or on a frequently recurring basis features live entertainment that is distinguished or characterized by an emphasis on the exhibiting of “specified anatomical areas” or “specified sexual activities” for observation by patrons therein, or which holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an establishment where such live entertainment is regularly or on a frequently recurring basis available, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to “adult entertainment,” “strippers,” “showgirls,” “exotic dancers,” “gentleman’s club,” or similar terms.
4. Adult Entertainment Establishment. Is defined to include adult cabarets, adult modeling studios, and adult motion picture theaters.
5. Adult Establishments. Is defined to include adult entertainment establishments and adult retail establishments as defined herein.
6. Adult Massage Parlor. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including, without limitation, exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner, professional physical therapist, or massage therapist licensed or registered by the State of Wisconsin and which establishment provides to its patrons an opportunity to engage in “specified sexual activities” or to engage in any method of rubbing, pressing, striking, kneading, tapping, pounding, vibrating or stimulating a “specified anatomical area” with the hands or with any instruments, or the opportunity to observe employees or independent contractors exhibiting “specified sexual activities” or “specified anatomical areas.”
7. Adult Media. Books, magazines, videotapes, movies, slides, CD-ROMs, posters, or other devices to display images, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas".
8. Adult Media Store. An establishment or business that rents and/or sells adult media and that meets any of the following three tests:
a. 40 percent or more of the gross public floor area is devoted to adult media.
b. 40 percent or more of the stock-in-trade consists of adult media.
c. The store advertises or holds itself out in any forum as a sexually oriented business
9. Adult Modeling Studio. An establishment or business which provides the services of live models modeling lingerie or transparent apparel to patrons or a business where a person who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Adult modeling studios shall not include a proprietary school licensed by the State of Wisconsin or a college, technical college, or university; or in a structure:
a. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.
10. Adult Motion Picture Theater. An establishment or business located in an enclosed building and emphasizing or predominantly showing movies distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
11. Adult Motion Picture Theater (Outdoor). An establishment located on a parcel of land and emphasizing or predominantly showing movies out of doors for observation by patrons, which movies are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas".
12. Adult Novelty Shop. An establishment or business offering goods for sale or rent and that meets any of the following tests:
a. The establishment offers for sale items from any two of the following categories: (a) adult media, (b) lingerie, or (c) leather goods, marketed or presented in a context to suggest their use for flagellation or torture of a person clothed or naked, or the binding or other physical restraint of a person clothed or naked.
b. More than 5 percent of its stock in trade consists of instruments, devices, or paraphernalia either designed as representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
c. More than 5 percent of its gross public floor area is devoted to the display of instruments, devices, or paraphernalia either designed as representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
13. Adult Retail Establishments. “Adult Retail Establishments” is defined to include adult media stores, limited adult media stores, and adult novelty shops.
14. Gross Public Floor Area. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.
15. Limited Adult Media Store. An establishment that rents and/or sells adult media but is not an “adult media store” as defined in this Section, and that meets either of the following tests:
a. More than 10 percent but less than 40 percent of the gross public floor area is devoted to adult media
b. More than 10 percent but less than 40 percent of the stock-in-trade consists of adult media
16. “Sensitive land-use” is defined to include any and all of the following:
a. Property zoned or used for residential purposes
b. Property zoned or used for religious institutional purposes
c. An educational institution for students in twelfth grade or below
d. A library or museum
f. A day care center
g. A historic district
h. A facility predominantly serving individuals with a “developmental disability,” as that term is defined in sec. 51.01(5)(a) and (b), Wis. Stats., and subsequent amendments thereto.
i. A private youth development organization such as but not limited to YMCA, Junior Achievement, Boys Club of America and Campfire Girls.
17. “Sex toy” means an instrument, device, or paraphernalia either designed as a representation of human genital organs or female breast, or designed or marketed primarily for use to stimulate human genital organs
18. “Specified sexual activities” is defined as actual or simulated:
a. Exhibition of genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;
c. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
19. “Specified anatomical areas” is defined as:
a. Less than completely and opaquely covered:
1) Human genitals, pubic region;
2) Buttock, anus, anal cleft;
3) Female breast below a point immediately above the top of the areola; and
b. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
20. Video-viewing booth. Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. A video viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains 600 square feet or more.
(c) Principal Uses.
1. Where the underlying zoning is B-2 Community Business District, Limited Adult Media Stores
2. Where the underlying zoning is B-3 Highway Business District,
a. Limited Adult Media Stores
b. Adult Cabarets
c. Adult Media Stores
d. Adult Modeling Studios
e. Adult Motion Picture Theaters
f. Adult Novelty Shops
(d) Prohibited Uses.
1. Adult Bath Houses
2. Adult Body Painting Studios
3. Adult Massage Parlors
4. Adult Motion Picture Theaters (Outdoor)
(e) Accessory Uses. Any accessory use authorized by the underlying zoning district may be an accessory use to an adult establishment. In no case shall an adult establishment be an accessory use to any principal use designated by any section of this ordinance.
(f) Underlying District Standards. Adult establishments shall comply with the standards of the zoning districts in which they are located, including standards relating to lot area and width, building height and area, yard requirements and sanitary sewer systems.
(g) General requirements and restrictions governing adult establishments. Except as provided below, all adult establishments shall comply with the following requirements and restrictions:
1. Intoxicating beverages shall not be sold or served.
2. Parking shall be provided in a lighted area, in conformity with applicable lighting and parking standards provided elsewhere in this Ordinance.
3. 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.
4. Signs advertising adult establishments shall conform with section 12.14.060 of this ordinance 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.
5. 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.
6. Other than limited adult media stores, signs at least one (1) 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.
7. 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.
8. The adult establishment shall clearly post and enforce a no loitering policy.
9. 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 sec. 944.21, Wis. Stats., or sec. 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 sec. 944.21(2), Wis. Stats., and sec. 9.10.2 of the Kenosha County Code of Ordinances, shall be strictly prohibited.
10. No video viewing booth(s) shall be established, operated or used in any adult establishment.
11. 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.
12. No residential quarters shall be allowed on premises with an adult establishment.
(h) Location requirements and restrictions.
1. No more than one adult establishment may be established on any one parcel.
2. No adult establishment may be established within 1000 feet of any other adult establishment.
3. No adult retail establishment may be established within 1000 feet of any “sensitive land-use.”
4. No adult entertainment establishment may be established within 1000 feet of any “sensitive land-use.”
5. All adult entertainment establishments shall be located within 300 feet of a State Trunk Highway right-of-way (Maintained & 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 Section 84.02(12) State Statutes 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.
6. 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.
7. The location requirements and restrictions specified in subsections 12.33.060(g)1 through 6 do not apply to limited adult media stores.
(i) Requirements Applicable to Limited Adult Media Stores Only. Adult media in a limited adult media store shall be kept in a separate room or section of the shop, which room or section shall:
1. not be open to any person under the age of 18; and
2. 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; and
3. 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; and
4. 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
5. provide signage at the entrance stipulating that persons under the age of 18 are not permitted inside.
(j) Additional Restrictions and Requirements Applicable to Adult Entertainment Establishments. Adult entertainment establishments shall comply with certain additional restrictions and requirements as set forth below:
1. 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:
a. Shows his/her genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering.
b. Shows the female breast with less than a fully opaque covering of any part of the nipple and areola.
c. Shows the human male genitals in a discernibly turgid state, even if fully and opaquely covered.
2. Adult Cabarets
a. Adult cabarets shall comply with section 12.11.040(e) of this ordinance relating to noise.
b. All live performers in an adult cabaret 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 enclosure of no less than 600 square feet.
3. Adult modeling studios.
a. 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.
4. Adult motion picture theaters.
a. Adult motion picture theaters shall show movies only in a room or other enclosed space of no less than 600 square feet.
(k) If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. [Code § 12.22-6.]
(a) Primary Purpose and Characteristics. 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- and multi-tenant professional offices, commercial uses, nonhazardous research and development facilities and high-technology manufacturing that functionally interact well together 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 particulate, 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 subsection shall have the right to file a petition with the Kenosha County Office of Planning and Zoning Administration pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Accounting, auditing, and bookkeeping services.
2. Architectural services.
3. Business/light industrial incubators
4. Commercial bakeries and trade and contractor’s offices.
5. Computer programming and other software services.
6. Corporate headquarters, manufacturing offices, and sales and distribution centers.
7. Data processing
8. Drafting services or quick reproduction services.
9. Financial institutions
10. Food, beverage, and milk processing and soft drink bottling plants.
11. Laboratories (scientific, medical, chemical), applied physics, mechanical, electronic, biological, genetic or other similar experimental research, product development or testing facilities.
12. Light manufacturing and assembling of electronic components, precision instruments and devices.
13. Light manufacturing, assembling or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semiprecious metals or stones.
14. Light industrial plants such as required for production of millwork, machine tools, paper containers, light metal fabrication, and similar small industries.
15. Manufacturing and bottling of nonalcoholic beverages.
16. Office supplies.
17. Packaging, processing & assembly of confections, cosmetics, electrical appliances, foods (except garbage, fish and fish products, meat and meat products), instruments, jewelry, tobacco and toiletries.
18. Printing, lithographing, blueprinting, photocopying, and publishing establishments.
19. Processing or compounding and packaging of drugs and other medical and pharmaceutical products.
20. 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, dog kennels, and funeral homes.
21. Refrigerated warehousing.
22. Research and development offices and testing laboratories.
23. Scientific or engineering school facilities or institutions.
24. Scientific and precision instruments.
25. Telecommunication and call centers
26. Testing centers.
27. Travel agencies
28. Warehousing completely within an enclosed building, but specifically excluding self-storage facilities.
29. Vocational, trade, technical, or industrial schools.
30. Wholesalers and distributors.
(c) Accessory Uses.
1. 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.
2. Associated retail sales or products manufactured or services provided, on the conditions that such accessory sales/services shall not exceed 25 percent of the building area and/or tenant area devoted to the principal use.
3. Independent uses that are customarily principal uses that provide support to businesses and employees of principal uses within the district, on the conditions that such uses shall not exceed 25 percent 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 daycare centers.
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses.
1. Utility substations
2. Large wind energy system
3. Parking structures
(e) Density and Dimensional Standards.
Minimum tract size | 35 acres |
Minimum lot area | 3 acres |
Minimum lot width | 150 feet |
Minimum open space | 25 percent |
1. 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; or
2. If the local municipality has a more restrictive standard.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. 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.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 40 feet from the right-of-way of all other roads.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard and rear yard - not less than 40 feet in width on each side of all structures 35 feet or less in height, and not less than 50 feet in width on each side of all structures greater than 35.
(h) Authorized Sanitary Sewer Systems.
1. Public Sanitary Sewer
3. Holding tanks [Code § 12.22-7.]
(a) Primary Purpose and Characteristics. The B-94 Interstate Highway Business District is intended to provide for the orderly and attractive grouping of appropriate businesses along Interstate Highway 94 at a density where a full range of urban services is available for an intense office, retail, and customer service area 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 and dense development. The uses intended for this District may provide for taller buildings requiring a high level of public services including public sewer and water facilities and safety services such as police and fire protection within easy access. The B-94 Interstate Highway 94 Special Use Business District boundaries shall be limited to lands located within 1,000 feet of the Right-Of-Way and adjacent to Interstate Highway 94 (I-94), or within 1,000 feet of the Right-Of-Way and adjacent to the frontage roads of I-94. 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 ordinance (See Section 12.08.020).
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Corporate Headquarters
2. Hotels, conference and convention centers
3. Financial Institutions
(c) Accessory Uses.
1. Bakeries
2. Barber shops and beauty shops
3. Bookstores
4. Camera and photographic supply stores
5. Caterers
6. Clinics
7. Clothing and apparel stores
8. Delicatessens
10. Drug Stores
11. Dry cleaning and laundry establishments
12. Florists
13. Garages for the storage of vehicles used in conjunction with the operation of the business
14. Gift stores
15. Hobby and craft shops
16. Indoor recreation such as bowling alleys, skating rinks, athletic & health clubs, tennis, racquetball and handball courts, swimming pools
17. Jewelry stores
18. Liquor stores
19. Music stores
20. Nightclubs and dance halls
21. Off-street parking and loading
22. Optical stores
23. Restaurants, Bars and Taverns (without live entertainment)
24. Small wind energy system
25. Solar energy system
26. Sporting goods stores
27. Theaters
28. Tobacco shops
(d) Conditional Uses (see also section 12.40.080).
1. Outdoor dining, entertainment or recreation (i.e., volleyball, horseshoes, swimming pools etc.).
2. Utility substations
3. Large wind energy system
4. Parking structures
(e) Lot Area and Width.
1. Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area of 2.5 acres and a minimum lot frontage of 150 feet in width.
2. Required minimum open space of 35 percent, or if the local municipality has a more restrictive standard.
a. In the calculation of open space areas, the following shall be excluded: public or private street right-of-way, and railroad and utility rights-of-way.
(f) Building Height and Area.
1. Hotel, banks, and office buildings in the B-94 business district may not exceed a total height of 100 feet including any architectural roof features.
2. No maximum or minimum building area shall be required in the B-94 District due to the variety of uses within the District and the diverse building demands on each user.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard and rear yard - not less than 15 feet in width on each side of all structures 35 feet or less in height, and not less than 30 feet in width on each side of all structures greater than 35 in height but less than 75 feet in height, and not less than 40 feet in width on each side of all structures 75 feet or greater in height.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer [Code § 12.22-8.]
(a) Primary Purpose and Characteristics. 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 sections 12.11.010 through 12.11.040 of this ordinance. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (4/18/00). The processing, manufacturing and/or storage of the following including office buildings, office parks, and ancillary uses shall constitute the principal uses permitted in the M-1 Limited Manufacturing District:
1. Agricultural and general warehousing
2. Apparel and findings
3. Automatic temperature controls
4. Baked goods and bakery products
5. Blank books, loose-leaf binders and devices
6. Blending and preparing of flour
7. Books; publishing, printing and binding
8. Boot and shoe cut, stock and findings
9. Bottling and canning soft drinks and carbonated waters
10. Brooms and brushes
11. Candy and other confectionery products
12. Canned, frozen, and preserved fruits, vegetables, seafood and food specialties
13. Canvas products
14. Coffee roasting and coffee products
15. Commercial storage, curing, drying, churning, processing and packaging of agricultural products
16. Contract sorting, grading and packaging services for fruits and vegetables
17. Corn, wet milling
18. Costume jewelry, costume novelties, buttons, and miscellaneous notions
19. Curtains and draperies
20. Dental equipment and supplies
21. Drying and dehydrating fruits and vegetables
22. Electro typing and stereo typing
23. Engineering, laboratory, and scientific (other than chemical) and research instruments and associated equipment
24. Envelopes
25. Fabrics
26. Feeds prepared for animals and fowl
27. Flavor extracts and flavoring syrups
28. Flour and other grain mill products
29. Fluid milk processing
30. Footwear
31. Fresh or frozen fruits, fruit juices, vegetable and specialties
32. Fruit and vegetable pickling, vegetable sauces and seasoning, salad dressing preparation
33. Fur goods
34. Grain elevators and bulk storage of feed grains
35. Handbags and other personal leather goods
36. Hats, caps and millinery
37. Household furniture and furnishings
38. Ice
39. Ice cream and frozen desserts
40. Industrial leather, belting and packing
41. Jeweler’s findings and materials
42. Jewelry and precious metals
43. Lamps and lamp shades
44. Leather and sheeplined clothing
45. Leather gloves and mittens
46. Luggage
47. Macaroni, spaghetti, vermicelli, fettuccini, lasagna, angel hair and noodles
48. Malt liquors
49. Manifold business forms
50. Mechanical measuring and controlling instruments
51. Mens, youths and boys furnishings, work clothing and allied garments
52. Milling of rice, vegetable and soybean oil
53. Morticians’ supplies
54. Motion picture and video production
55. Musical instruments and parts
56. Newspapers; publishing, and printing
57. Office furniture
58. Office buildings, office parks, and ancillary uses, with or without space for principal or accessory manufacturing, assembly, repair or warehousing uses. Ancillary uses within office building or office parks include, but are not limited to: financial services such as banks, credit unions, savings and loan associations, and stock brokers; professional services such as medical, legal, and accounting services; personal services such as day care centers, dry cleaners, barbers and beauty shops; fast service printing and communication; food services such as restaurants and delicatessens; and convenience item retail stores. (4/18/00)
59. Ophthalmic goods
60. Optical instruments and lenses
61. Orthopedic, prosthetic and surgical appliances and supplies
62. Paperboard and cardboard
63. Paper coating and glazing
64. Partitions, shelving, lockers and office and store fixtures
65. Office and artists supplies
66. Photoengraving and photographic equipment and supplies
67. Pleating, decorative and novelty stitching
68. Poultry and small game dressing and packing providing all operations shall be conducted within an enclosed building
69. Preparation of cereals
70. Preparation of feeds for animals and fowl
71. Printing, commercial
72. Production of chocolate and cocoa
73. Production of condensed and evaporated milk
74. Production of creamery butter
75. Production of flour and other grain mill products
76. Production of frozen fruits, fruit juices, vegetables and other specialties
77. Production of natural and processed cheese
78. Production of wine, brandy, and brandy spirits
79. Raincoats and other waterproof outer garments
80. Sanitary paper products
81. Sausages and other prepared meat products provided that all activities are conducted within an enclosed building
82. Seed and grain processing and preparation
83. Signs and advertising displays
84. Sugar processing and production
85. Surgical and medical instruments and apparatus
86. Tobacco products
87. Toys, amusement, sporting and athletic goods
88. Typesetting
89. Umbrellas, parasols, and canes
90. Vegetable oil milling
91. Venetian blinds and shades
92. Wallpaper
93. Self-Storage Facilities
94. Watches, clocks, clockwork operated devices, and parts
95. Wet milling of corn
96. Womens’, misses, Jr. girls and infants furnishings, work and dress clothing and allied garments
97. Yarns and threads
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the industry
3. Office, storage, power supply and other uses normally auxiliary to the principal industrial operations
4. Off-street parking and loading areas
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Auto-truck body and engine repair and painting
2. Battery energy storage system – on-site five MW or greater
3. Concrete and asphalt batch plants located on a parcel
4. Flea Markets
5. Freight terminals, yards, freight forwarding services, packing and crating services and related equipment storage and maintenance facilities.
6. Malt production
7. Millwork, lumber yards, saw mills and planing mills
8. Packing and crating services
9. Petroleum bulk stations and terminals
10. Processing of hardwood dimension, flooring, veneer, and plywood
11. Retail or wholesale sales of manufactured products on premises
12. Utility substations
13. Large wind energy system
(e) Lot Area and Width.
1. Individual industries 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
2. Individual industries 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
(f) Building Height and Area.
1. No building or parts of a building shall exceed 35 feet in height
2. No maximum or minimum building area shall be required in the M-1 Limited Manufacturing District due to the variety of uses within this district and the diverse building demands of each use
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State Trunk or County Trunk highways; and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 15 feet in width on each side of all structures
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-1.]
(a) Primary Purpose and Characteristics. The M-2 Heavy Manufacturing District is intended to provide for manufacturing and industrial development of a more general nature than in the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility. Such districts should not normally abut directly upon residential districts nor be less than 10 acres in area. All uses in the M-2 Heavy Manufacturing District shall comply with the performance standards set forth in sections 12.11.010 through 12.11.040 of this ordinance. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses (4/18/00). In addition to those industrial and office uses permitted in the M-1 Limited Manufacturing District (together with M-1 district ancillary uses), the processing, manufacturing and/or storage of the following shall constitute principal uses permitted in the M-2 Heavy Manufacturing District:
1. Aircraft and parts
2. Aluminum, primary production
3. Aluminum, rolling, drawing and extruding
4. Asphalt, felts and coating
5. Automobile manufacturing
6. Batteries
7. Bedding
8. Biological products
9. Blast furnaces, steel works, and the rolling of ferrous metals
10. Bleach
11. Bone
12. Bottling of alcoholic beverages
13. Brass works
14. Brick and structural clay tile
15. Candles
16. Canneries
17. Carbon black
18. Carpeting
19. Celluloid
20. Cement
21. Ceramic floor and wall tile
22. Charcoal
23. Clay Building Material and Refractories
24. Coal-tar
25. Coke
26. Coding, engraving and allied services
27. Cold, rolled steel sheets, strips and burrs
28. Cold storage warehouses, commercial service facility
29. Communications equipment
30. Concrete and concrete products
31. Condensories
32. Construction and prefabrication of wood buildings and structures, mobile homes and construction of wooden containers
33. Construction, mining, and materials handling machinery and equipment
34. Copper, drawing and extruding
35. Copper, primary smelting and refining
36. Cordage
37. Creameries
38. Cutlery, hand tools, and general hardware
39. Dextrin
40. Disinfectant
41. Electrical lighting and wiring equipment
42. Electrical industrial apparatus
43. Electrical transmission and distribution equipment
44. Electro metallurgical products
45. Electronic components and accessories
46. Engines and turbines
47. Excelsior
48. Farm machinery and equipment
49. Feed Mills
50. Felt
51. Fine earthenware, table and kitchen articles
52. Fish by-products
53. Food locker plants
54. Fur dressing and dying furs
55. Gelatin
56. Glass manufacturing
57. Glue and gelatin
58. Guns and related equipment
59. Gypsum products
60. Hair products
61. Heating apparatus and plumbing fixtures
62. Household appliances
63. Ice
64. Ink, printing
65. Lime
66. Lime products
67. Linoleum, asphalt-base and other hard surface floor coverings
68. Lithographing
69. Matches
70. Meat (frozen storage)
71. Metal cans
72. Metal products, fabricated structural
73. Metal stamping
74. Metal working machinery
75. Motor vehicles and motor vehicle equipment
76. Motorcycles, bicycles and parts
77. Musical and sound equipment
78. Nonferrous metals, rolling, drawing and extruding
79. Nonferrous wire, drawing and insulating
80. Office, computing and accounting machines
81. Oil cloth
82. Paper
83. Pea viners
84. Perfume, cosmetics and other toilet preparations
85. Pharmaceutical preparations
86. Plaster of paris
87. Polish
88. Porcelain electrical supplies
89. Potash
90. Pulp
91. Pyroxylin
92. Radio and television receiving sets
93. Railroad equipment
94. Reclaiming rubber, metal, paper and other resources
95. Rope
96. Rubber products
97. Screw machine products and bolts, nuts, screws, rivets and washers
98. Service industry machines
99. Shoddy
100. Shoe and ramp blacking
101. Signaling and fire control equipment
102. Size
103. Soap and detergents
104. Special cleaning, polishing and sanitation preparations
105. Starch
106. Steel wire drawing, and steel rails and spikes
107. Sugar
108. Textile and Fabric Finishing Mills
109. Tires and innertubes
110. Tool and die making
111. Trade and contractor offices
112. Vitreous china plumbing fixtures, china, earthenware fittings and bathroom fixtures
113. Warehousing
114. Weaving
115. Wire products, fabrication
116. Wood pressing
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the industry
3. Offices, storage, power supply, and other uses normally auxiliary to the principal industrial operations
4. Off-street parking and loading areas
5. Retail stores and service facilities, such as retail outlet stores, surplus goods stores, and restaurants and food service facilities when established in conjunction with the permitted manufacturing or processing facility
6. Small wind energy systems
7. Solar energy system
8. Wholesale stores
(d) Conditional Uses (see also section 12.40.080) (8/6/02). In addition to those industrial conditional uses permitted in the M-1 Limited Manufacturing District, the following shall constitute conditional uses in the M-2 Heavy Manufacturing District:
1. Abrasives
2. Animal reduction
3. Battery energy storage system – on-site five MW or greater
4. Bus terminals and related equipment storage and maintenance buildings
5. Chemicals determined to be nontoxic by the U.S. Environmental Protection Agency and the Kenosha County Office of Emergency Services
6. Coal and bone distillation
7. Concrete and asphalt batch plants
9. Dye
10. Electrical and steam generating plants
11. Fertilizer production, sales, storage, mixing and blending. Said fertilizers shall be determined to be nontoxic by the Kenosha County Office of Emergency Services.
12. Flea Markets
13. Forges
14. Foundries
15. Fuel
16. Gasohol and fuel-related alcohol plants
17. Insulating materials determined to be nontoxic by the U.S. Environmental Protection Agency and the Kenosha County Office of Emergency Services
18. Laboratories
19. Lacquer, paint, stain
20. Large wind energy system
21. Livestock sale facilities
22. Living quarters for watchmen or caretakers
23. Lubricating oils and grease
24. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, flammables, glue, grains, grease, lard, plastic, radioactive materials, shellac, soap, tires, turpentine, vinegar and yeast
25. Meat packing, slaughterhouse and production of sausages and other meat products
26. Motor Freight
27. Offal
28. Outside storage and manufacturing
29. Plastic materials and synthetic resins, synthetic rubber, and synthetic and other man-made fibers and products
30. Power and heat generating plants
31. Production of animal and marine fats and oils
32. Production of shortening, table oils, margarine, and other edible fats and oils
33. Railroad terminals and freight yards
34. Refineries
35. Rendering plants
36. Road test facilities
37. Salvage yards
38. Sewage treatment plants
39. Ship and boat building and repair
40. Smelting and refining of all metals and alloys
41. Stockyards
42. Tanneries
43. Utility substations
44. Towing with outside storage
(e) Lot Area and Width.
1. Lots shall have a minimum area of 40,000 square feet, and
2. All such lots shall have a frontage of not less than 150 feet in width
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height
2. No maximum or minimum building area shall be required in the M-2 district due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-2.]
(a) Primary Purpose and Characteristics. The M-3 Mineral Extraction District is intended to provide for the orderly continuation of existing quarries and related operations and to provide for new operations that provide maximum protection to the natural environment. This district further provides for the restoration of quarries in a manner that will not deteriorate the natural environment of Kenosha County. 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 ordinance (See Section 12.08.020).
(b) Principal Uses. No principal uses shall be permitted in the M-3 Mineral Extraction District and all uses within this district shall be principal uses.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Parking areas and storage garages
3. Related office facilities and power supplies
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080) (8/9/94).
1. Battery energy storage system – on-site five MW or greater
2. Caretaker’s quarters
3. Concrete and asphalt batch plants
4. Large wind energy system
5. Manufacturing of cement or concrete products
6. Manufacturing of lime, gypsum or plaster of paris
8. Storage of mineral products or machinery
9. Storage and stockpiling of clean fill
10. Utilities and substations
11. Washing, refining or processing of rock, slate, gravel, sand or minerals processed from the top soil
(e) Lot Area and Width.
1. Lots in the M-3 Mineral Extraction District shall provide sufficient area for all structures, the extractive industrial operation, off-street parking and loading as required in sections 12.13.020 and 12.13.030 of this ordinance and all required yards.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height, and
2. No maximum or minimum building area shall be required in the M-3 Mineral Extraction District due to the variety of uses within the district and the diverse building demands of each use.
(g) Yards.
1. Extractive industrial operations shall be set back a minimum of 200 feet from the right-of-way of all highways or roads, and all property lines.
2. Utilities, and accessory uses such as offices, parking areas and stockpiles shall be set back a minimum of 100 feet from the right-of-way of all highways or roads and all property lines.
(h) Authorized Sanitary Sewer Systems.
2. Public Sanitary Sewer System
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-3.]
(a) Primary Purpose and Characteristics. The purpose of the M-4 Sanitary Landfill and Hazardous Waste Disposal District is to regulate land uses associated with the handling of materials that may be hazardous or harmful to public health and to the environment. These include micro-organism cultures, pesticides, biological products, infectious agents, and other toxic and hazardous substances. In order to provide for assurance, accountability, monitoring, and proper review of site operations and conditions involved in the handling of hazardous and potentially hazardous wastes, the M-4 Sanitary Landfill and Hazardous Waste Disposal District is created. This district is also intended to provide for the protection of the public, public safety, public welfare, health and convenience resulting from discharge of hazardous materials into the environment. 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 ordinance (See Section 12.08.020). (8/6/02)
It is recognized that it is neither possible nor practical to list all of the principal and accessory uses that are hazardous, in fact, or potentially hazardous. Accordingly, the following list of principal, accessory, and conditional uses is illustrative only. Any individual aggrieved by the failure to list a particular use may file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this Ordinance for a determination as to the similarity or dissimilarity of any use.
(b) Principal Uses. No principal use shall be permitted as a matter of right in the M-4 Sanitary Landfill and Hazardous Waste Disposal District.
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
(d) Conditional Uses.
1. Battery energy storage system – on-site five MW or greater
2. Sanitary landfills operated in accordance with the provisions of Chapters NR 500 through NR 551 of the Wisconsin Administrative Code and amendments thereto
3. Manufacture of substances where EPA certified priority pollutants such as Naphthalene, Phenols, and Polychlorinated Biphenyls (PCBs) may be a byproduct of such operation
4. Hazardous waste warehousing and transfer stations
5. Garbage incineration or waste reduction
6. Large wind energy system
7. Medical waste incineration or waste processing
8. Recycling centers and warehousing of recovered resources
(e) Lot Area and Width.
2. Lots shall have a frontage of not less than 660 feet in width
(f) Building Height.
1. No building or parts of a building shall exceed 60 feet in height
(g) Yards.
1. Street Yard - not less than 200 feet from the right-of-way of all Federal, State, and County Trunk highways, and the right-of-way of all other roads (8/6/02)
2. Shore Yard - not less than 200 feet from the ordinary high water mark of any navigable water
3. Side Yard - not less than 200 feet to an adjacent property line
4. Rear Yard - not less than 200 feet to an adjacent property line
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
2. On-side soil absorption sewage disposal system
3. Holding tank on lots of record created prior to July 1, 1980 [Ord. 13 (2024); Code § 12.23-4.]
(a) Primary Purpose and Characteristics. The I-1 Institutional District is intended to provide for areas which are under private or public ownership and where the uses in those areas for public purposes or institutional purposes, whether public or private, are anticipated to be permanent. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Churches
2. Hospitals, sanitariums, nursing homes and clinics
3. Libraries, museums and art galleries
4. Private youth development organizations such as YMCA, Junior Achievement, Boys Club of America and Campfire Girls
5. Public or private schools, colleges and universities
6. Public administrative offices and public service buildings including fire and police stations, community centers, public emergency shelters
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Garages for storage of vehicles used in conjunction with the operation of the principal use.
3. Residential quarters for caretakers or clergy
4. Service buildings and facilities normally accessory to the principal uses
5. Solar energy system
6. Small wind energy system
(d) Conditional Uses. (See also section 12.40.080 of the Municipal Code of Kenosha County.) (8/6/02)
1. Airport, heliport pads, aircraft hangars for storage and equipment maintenance; aircraft sales and service.
3. Battery energy storage system – on-site five MW or greater
4. Bus terminals.
5. Cemeteries.
6. Large wind energy systems.
7. Penal, reform, disciplinary and mental institutions.
8. Power and heat generating plants.
9. Railroad depots.
10. Solar farms.
11. School auditoriums, gymnasiums and stadiums.
12. Utility substations.
13. Water storage tanks and towers and radio and television transmitting and receiving towers, microwave relay stations.
(e) Lot Area and Width.
1. Institutional uses 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, and
2. Institutional uses 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.
(f) Building Height and Area.
1. No building or parts of a building shall exceed 60 feet in height.
2. No maximum or minimum building area shall be required in the I-1 Institutional District due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State and County trunk highways and not less than 30 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 10 feet in width on each side of all structures.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer systems
2. On-site sewage disposal absorption system [Ord. 13 (2024); Ord. 6 (2022); Code § 12.24-1.]
(a) Primary Purpose and Characteristics. The PR-1 Park-Recreational District is intended to provide for areas where the recreational needs, both public and private, of the populous can be met without undue disturbance of natural resources and adjacent uses. 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 ordinance (See Section 12.08.020). (8/6/02)
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Bike trails
3. Botanical gardens
4. Cross country ski trails
5. Fairgrounds
6. Historic monuments or sites
7. Hiking and nature trails and walks
8. Hunting and fishing clubs
9. Neighborhood tot lots
10. Outdoor skating rinks
11. Parks and playgrounds
12. Picnicking areas
13. Playfields or athletic fields
14. Ski hills without facilities
15. Sledding, skiing or tobogganing
16. Tennis courts
(c) Accessory Uses.
1. Battery energy storage system – on-site less than five MW
2. Bathhouses and locker rooms
3. Equipment storage facilities
4. Pavilion and restroom facilities
5. Solar energy system
6. Small wind energy system
(d) Conditional Uses (see also section 12.40.080) (8/6/02).
1. Amusement Parks, carnivals, circus, fairground and exposition grounds
2. Archery and firearm ranges (outdoors)
3. Arena, stadium, coliseums, auditoriums and gymnasiums
4. Assemblies over 5,000
5. Battery energy storage system – on-site five MW or greater
6. Beaches, and public swimming pools
7. Campgrounds (rental)
8. Conversion of a resort into a residential condominium (8/15/89)
9. Golf Courses
10. Golf driving ranges
11. Large wind energy system
12. Marinas and marine sales and services
13. Minibike trails
14. Recreational vehicle (RV) campground or subdivisions
15. Resorts
16. Skeet and trap shooting ranges
17. Ski hills with restaurants and ski shops
18. Snowmobile trails
19. Sportsmen clubs
20. Summer theaters and amphitheaters or band shells
21. Zoological and botanical gardens
(e) Lot Area and Width.
1. Lots in the PR-1 Park-Recreational District shall provide sufficient area for the principal structure or use and accessory structures, off-street parking and loading, the disposal of sanitary waste if a public sanitary sewage system is not available, and required yards
(f) Building Height and Area.
1. No building or part of a building shall exceed 100 feet in height
2. No maximum or minimum building area shall be required in the PR-1 Park-Recreational District due to the variety of uses within this district and the diverse building demands of each use.
(g) Yards.
1. Street yard - not less than 65 feet from the right-of-way of all Federal, State trunk or County trunk highways; and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 40 feet in width on each side of all structures
4. Rear yard - not less than 40 feet
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer
3. Holding tank [Ord. 13 (2024); Code § 12.24-2.]
(a) Primary Purpose and Characteristics. The C-1 Lowland Resource Conservancy District is intended to be used to prevent destruction of valuable natural or manmade resources and to protect water courses and marshes including the shorelands of navigable waters, and areas that are not naturally drained, or which are subject to periodic flooding, where development would result in hazards to health or safety or would deplete or destroy natural resources or be otherwise incompatible with public welfare.
(b) Designation of Lowland Conservancy Areas. For the purpose of determining which areas are to be located in the C-1 Lowland Resource Conservancy District, the Kenosha County Department of Planning and Development shall develop district maps reflecting the best data available. The district delineation process shall make use of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer or other maps that reflect the best data available. This District includes all shoreland areas that are considered wetlands as defined in this Ordinance and as mapped and/or determined as wetlands in this Ordinance. Shoreland/Wetlands designated on the Wisconsin Wetland Inventory Maps prepared by the WDNR as also depicted on the Department of Natural Resources Surface Water Data Viewer are also referred to as being located in the “Shoreland-Wetland Zoning District” as defined in this Ordinance. Said Shoreland/Wetlands are subject to the regulations of this Section.
(c) Mapping Disputes in the C-1 District. Whenever it is alleged that a discrepancy exists between a Lowland Resource Conservancy District delineation and actual field conditions, the staff of the Kenosha County Department of Planning and Development shall resolve the discrepancy in the following manner:
1. The Kenosha County Department of Planning and Development staff shall request that the staff of the Wisconsin Department of Natural Resources determine if the map is in error. If the Department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the County shall have the authority to immediately grant or deny a shoreland zoning permit in accordance with the applicable regulations based on the Department determination as to whether the area is wetland
2. The Kenosha County Department of Planning and Development shall notify the property owner of the preliminary results of the field investigation. The property owner shall determine, within 30 days, whether he will pursue a final wetland determination on the property.
3. Should the property owner decide to pursue a final wetland determination, he shall have a plat of survey prepared by a Wisconsin Registered Land Surveyor. The plat of survey shall show all property lines, structures on the lot or parcel, and the location of the wetland boundary as staked in the field. The plat of survey shall be filed with the Kenosha County Department of Planning and Development.
4. The Kenosha County Department of Planning and Development shall institute the appropriate action to change the Zoning Map to conform to the plat of survey. No fee shall be required of the property owner for this action.
(d) Principal Uses.
1. The following uses provided they do not involve filling, flooding, draining, dredging, ditching, tiling, or excavation:
a. Hiking, fishing, trapping, hunting, swimming, and boating, unless otherwise prohibited by law.
b. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
c. The pasturing of livestock;
d. The cultivation of agricultural crops;
e. The practice of silviculture, including the planting, thinning, and harvesting of timber; and
f. The construction or maintenance of duck blinds.
2. The following uses which may involve filling, flooding, draining, dredging, ditching, tiling, and excavating but only to the extent specifically provided below:
a. Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;
b. The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries,
c. The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;
d. The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
e. The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and
f. The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(e) Conditional Uses (see also section 12.40.080). No conditional uses shall be permitted in the C-1 Lowland Resource Conservancy District except:
1. Roads necessary to conduct silvicultural and agricultural cultivation activities.
2. Nonresidential buildings for wildlife management.
4. Railroad lines.
5. Utilities.
6. Wildlife ponds. (6/2/92)
(f) Lot Area. Where a lot or parcel is located partially within a C-1 Lowland Resource Conservancy District and partially within an adjoining use district, that area of the lot or parcel in the C-1 District may not be used to meet the lot area requirement of the adjoining district where public sanitary sewerage facilities are available. Where public sanitary sewerage facilities are not available, the area of the lot or parcel in the C-1 District may be used to meet the lot area requirement provided that at least 40,000 square feet is provided outside the C-1 District. (8/6/02)
(g) Structures. No structure shall be permitted, except those permitted by conditional use grant, in the C-1 Lowland Resource Conservancy District. Furthermore, no on-site soil absorption sanitary sewage system, holding tank, or private well used to obtain water for ultimate human consumption shall be constructed in the C-1 Lowland Resource Conservancy District.
(h) Platting Subdivisions (8/6/02). When platting new subdivisions, every effort shall be made to contain lands zoned C-1 Lowland Resource Conservancy District in outlots to be owned and controlled by a community association.
(i) Prohibited Uses. Any use not listed in section 12.36.010(d) is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 12.36.010(c) of this ordinance and s. 59.69(5)(e), Wis. Stats. [Code § 12.25-1.]
(a) Primary Purpose and Characteristics. The C-2 Upland Resource Conservancy District is intended to preserve, protect, enhance and restore all significant woodlands, areas of rough topography, and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of Kenosha County.
(b) Principal Uses.
1. Agricultural uses
2. Hunting and fishing
3. Preservation of scenic, historic and scientific areas
4. Forest and game management
6. One single-family dwelling
(c) Accessory Uses.
1. Gardening, tool and storage sheds incidental to the residential use
2. General farm buildings, including barns, silos, stables, sheds, and storage bins
5. Small wind energy system
6. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Utility substations
2. Wind energy conversion system
3. Bed and breakfast establishments (8/9/94)
(e) Lot Area and Width.
1. Parcels shall have a minimum area of five acres
2. All such parcels have a frontage of not less than 300 feet in width except 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
(f) Building, Height, Area and Design Standards (9/5/06).
1. No building or part of a building shall exceed 35 feet in height
2. The total minimum floor area of a dwelling shall be 1400 square feet with a minimum first floor area of 1000 square feet
3. 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 fifty (50) percent of the length, have a roof pitch of not less than 5/12, and an eave extension of at least twelve (12) inches, except residences with an architectural style defined as Colonial or Greek Revival. (9/5/06)
(g) Yards.
1. Street yards - not less than 65 feet from the right-of-way of all Federal, State and County Trunk highways and not less than 40 feet from the right-of-way of all other roads. (8/6/02)
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water. (11/5/86)
3. Side yard - not less than 25 feet in width on each side of all structures
4. Rear yard - not less than 50 feet.
(h) Authorized Sanitary Sewer System.
2. Public sanitary sewer [Code § 12.25-2.]
(a) Primary Purpose and Characteristics. The FPO Floodplain Overlay District is hereby created pursuant to the mandates of Wisconsin Statute section 87.30 for the purpose of regulating all floodplains where serious flood damage may occur. The purpose of these regulations is to provide for sound floodplain management in Kenosha County so as to:
1. Protect life, health and property
2. Minimize expenditures of public monies for costly flood control projects
3. Minimize rescue and relief efforts, generally undertaken at the expense of the general public
4. Minimize business interruptions
5. Minimize damage to public facilities on the floodplains, such as water mains, sewer lines, streets and bridges
6. Minimize the occurrence of future flood blight areas on floodplains
7. Discourage the victimization of unwary land and home buyers
8. Preserve essentially open space of natural use lands which are unsuitable for intensive development purposes due to poor natural soil conditions and periodic flood inundation
9. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners
10. Regulate floodplain areas so as to maintain and improve water quality, protect aquatic and wildlife habitat and prohibit the location of structures on soils which are generally not suitable for such use
(b) Definitions, (See Appendix A)
(c) Designation of Floodplain Areas. The FPO Floodplain Overlay District is those areas that may be covered by floodwater during the regional flood including the floodway and are contained within AE, A, AH, and AO Zones as shown on the appropriate FEMA mapping panel of the FIRM
(d) Principal Uses. Any use of land, except structures, that is permitted in the underlying basic use district shall be permitted. Examples of such use would be croplands in any agricultural district; required yards in a residential district; or parking and loading areas in a commercial or industrial district; provided, that inundation depths for parking and loading areas do not exceed two feet or that such areas are not subject to flood velocities greater than two feet per second upon the occurrence of a 100 year recurrence interval period. (2/6/90)
1. No floodplain development shall:
a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b. Cause any increase in the regional flood height due to floodplain storage area lost.
2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of 12.60.010 Amendments are met.
(e) Conditional Uses (subject to section 12.37.010(d) 1 and 2 above) (see also section 12.40.080).
1. Bridges and approaches
2. Filling as authorized by the Wisconsin Department of Natural Resources and the United States Army Corp of Engineers to permit the establishment of approved bulkhead lines
3. Municipal water supply and sanitary sewage lines
4. Park and recreational areas not including structures
5. Public water measuring and control facilities done in accordance with the provisions of section NR116.17 of the Wisconsin Administrative Code
6. Utility facilities (except buildings and substations) such as underground water tight conduits, telephone and electric poles, etc., constructed in conformance with section NR116.17 of the Wisconsin Administrative Code.
(f) Lot Area. Where a lot or parcel is located partially within a floodplain and partially within an adjoining use district, that area of the lot or parcel in the floodplain may be used to meet the lot area requirements of the adjoining district provided that at least 50 percent of the minimum lot area requirement is provided outside the floodplain where public sanitary sewerage facilities are available, and at least 40,000 square feet is provided outside the floodplain where public sanitary sewerage facilities are not available. (11/5/84)
(g) Dumping, Filling, Excavation and Obstructions Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be obstructed in any manner, nor shall such lands be used for dumping of any material or substance (including manure) or be filled, except as authorized to permit the establishment of approved bulkhead lines or to accommodate bridge approaches. Excavation in the Floodplain area shall be prohibited, except that normal earth grading activities as defined in this ordinance to permit utilization of the lands for open space, outdoor recreation, yard, parking, and similar uses are permitted.
(h) Storage of Materials Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be used for the storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish or other aquatic life.
(i) Incompatible Uses Prohibited. Lands lying within the FPO Floodplain Overlay District shall not be used for any solid waste disposal site, on-site soil absorption sanitary sewage system site, wastewater treatment ponds or facilities, holding, private or public sewage systems, solid or hazardous waste disposal sites, holding tanks, or the construction of any wells used to obtain water for ultimate human consumption. The restricted confinement or permanent sheltering of animals shall be prohibited.
(j) Structures Prohibited. Except for public water measuring and control facilities, bridges and utilities, NO structures, dwellings, mobile/manufactured homes or shelters shall be located, moved or placed on lands in the FPO Floodplain Overlay District. This section shall be strictly construed and shall not be subject to variances.
(k) Channel Structures. In addition to the above structures, the erection of all structures in a channel shall require a permit issued by the DNR pursuant to ch. 30, Stats. and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable. All bulkheads, wharves and piers shall comply with bulkhead or pierhead lines established by any municipality pursuant to ch. 30, Stats. Wisconsin Statutes.
(l) Dam Construction. Dam construction, operation, maintenance and abandonment are uses requiring a public hearing before the Planning, Development & Extension Education Committee in accordance with section 12.40.050 of this ordinance. This committee shall then advise the State agency having jurisdiction under section 31.05, 31.07, 31.13 and 31.185 of the Wisconsin Statutes of its findings prior to the issuance of the required State permit. (11/5/84)
(m) Removal of Trees and Shrubs. The removal of trees, shrubs and foliage from the Floodplain Overlay District shall be prohibited unless conducted in accordance with section 12.09.020 and with the further provision that such activity is conducted in a manner so as to be consistent with sound floodplain management. [Code § 12.26-1.]
(a) Purpose and Intent. It is hereby the finding of the Kenosha County Board of Supervisors that the protection, enhancement, perpetuation and use of improvements in areas of special character or special historical interest or value may be required in the public interest. The purpose of this district is to:
1. Effect and accomplish the protection, enhancement and perpetuation of such improvements and areas which represent or reflect elements of the County’s cultural, social, economic, political and architectural history.
2. Safeguard the County’s historic and cultural heritage, as embodied and reflected in such landmarks and historic districts.
3. Stabilize and improve property values.
4. Foster civic pride and promote education in the beauty, culture, tradition, and noble accomplishments of the past.
5. Protect and enhance the County’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
6. Strengthen the economy of the County.
This district may be implemented only upon creation of a historical preservation commission created pursuant to subsection (d) of this section.
(b) Definitions. In this section, unless the context clearly requires otherwise:
1. “Historic area” means a designated area or areas containing one or more landmarks as well as those abutting improvement parcels which have been determined to fall under the provisions of this section to assure that their appearance and development is harmonious with such landmarks.
2. “Improvement” means any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment.
3. “Improvement parcel” is the unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes, provided, however, that the term “improvement parcel” shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
4. “Landmark” means any improvement, parcel of land, or area designated as such pursuant to this ordinance and which:
a. Has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the County, state or nation or reflects the broad political, economic or social history of the County, state or nation, or
b. Has substantial value in tracing the history of aboriginal man, or
c. Is the site of an historic event which has occurred or is identified with historic personages or with important events in national, state or local histories, or
d. Embodies the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship, or
e. Is representative of a notable work of a master builder, designer or architect whose individual genius influences his age.
(c) Historical Overlay District Designation. For purpose of this ordinance, a Historical Overlay District designation may be placed on any site which may be designated as a “landmark” or “historic area” pursuant to the provisions of this section.
(d) Advisory Historical Preservation Commission – Composition and Terms. An Advisory Historical Preservation Commission may be created without further town board approval, consisting of seven (7) members. Of the membership, one shall be a registered architect; one shall be a historian qualified in the field of historic preservation; one shall be a licensed real estate broker; one shall be a County Board Supervisor; and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in landmark preservation. The County Executive shall appoint the commissioners subject to confirmation by the County Board. Of the initial members so appointed two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years.
(e) Duties of Historical Preservation Commission.
1. Recommendation. The commission shall have the responsibility subject to subsection (f) of this section, to recommend the designation of historical overlay districts as defined in this section within the unincorporated areas of the County. Such recommendation shall be made in accordance with the criteria set forth in this section.
2. In addition, the commission shall:
a. Actively work for the passage of enabling legislation which would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this section in order to encourage historic district owners to assist in carrying out the intent of this ordinance.
b. Work closely with the State of Wisconsin liaison officer and the Governor’s liaison committee for National Register of Historic Places of the United States National Park Service in attempting to include such properties hereunder designated as historic districts on the Federal Register.
c. Work for the continuing education of the citizens about the historic heritage of this County and the historic districts designated under the provisions of this section.
d. Receive and solicit funds, as it deems advisable, for the purpose of historic district preservation in the County. Such funds shall be placed in a special county account for such purpose.
(f) Procedures.
1. Designation of Historical Overlay Districts. The commission may, after notice and public hearing, recommend the establishment of historical overlay districts, or recommend the recision of such designation, after application of the criteria set forth in this section. At least ten (10) days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the County Assessor, who are owners of property in whole or in part situated within five hundred (500) feet of the boundaries of the property affected. These owners shall have the right to confer with the commission prior to final action by the commission on the designation. Notice of such hearing shall also be published as a Class 1 Notice, under the Wisconsin Statutes. The Commission shall also notify the following: the Town Board wherein the District is proposed or located, the County Park Commission and the Kenosha County Department of Planning and Development. Each such department may respond to the commission within thirty (30) days of notification with its comments and proposed recommendation. The commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The commission may conduct an independent investigation into the proposed designation or recision. Within ten (10) days after the close of the public hearing, the commission may recommend designating the property as an historical overlay district or recommend recision of such designation.
2. Petition for Historical Overlay District. After the recommendation set forth in subsection 1 has been made, the commission shall petition the Kenosha County Planning, Development & Extension Education Committee for a rezoning of the subject property or properties from its original zoning classification to an Historical Overlay District or in the alternative, may petition that property currently located in the Historical Overlay District be rezoned. Where the property has been rezoned to a Historical Preservation District, only those uses permitted in the underlying district shall be permitted. The underlying district may be changed without additional costs at the same time as the Historical Preservation District is created. The Planning, Development & Extension Education Committee shall follow the procedures outlines in section 12.58 of this ordinance in proceeding with the petition for an amendment to this ordinance. (11/5/84)
3. Historical Overlay District Preservation Plan. At the public hearing held before the Planning, Development & Extension Education Committee pursuant to section 12.58 of this ordinance, the Commission shall present an Historical Overlay District Preservation Plan prepared for the Commission by an architect or historian which shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives. At the public hearing before the Planning, Development & Extension Education Committee, the Committee shall make findings that the proposed area or areas are suitable for designation by the County board as “landmark” or “historic areas” and therefore for historic preservation and set forth the reasons for such finding. In addition, the committee shall adopt the Historical Overlay District Preservation Plan without change. Guidelines to be considered in the development of Historical Overlay District Preservation Plan for an historic area are to be as follows: (11/5/84)
a. All new structures shall be constructed to a height visually compatible with the building and environment with which they are visually related.
b. The gross volume of any new structure shall be visually compatible with the buildings and environment with which it is visually related.
c. In the street elevation(s) of a building the proportion between the width and height in the facade(s) should be visually compatible with the building environment with which it is visually related.
d. The proportions and relationships between doors and windows in the street facade(s) should be visually compatible with the buildings and environment with which it is visually related.
e. The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related.
f. The existing rhythm created by existing building masses and spaces between them should be preserved.
g. The materials used in the final facade(s) should be visually compatible with the buildings and environment with which it is visually related.
h. The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related.
i. Colors and patterns used or the facade (especially trim) should be visually compatible with the buildings and environment with which it is visually related.
j. The design of the roof should be visually compatible with the buildings and environment with which it is visually related.
k. The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related.
l. All street facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.
m. Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
4. County Board Action. The action and recommendation of the Planning, Development & Extension Education Committee shall be forwarded to the Kenosha County Board of Supervisors for final determination. Once a site or sites have been designated as a landmark or historic area and a Historical Overlay District created by the County Board and the Zoning Map amended and the Historical Preservation Plan adopted and notice of the designation filed with the Register of Deeds Office for Kenosha County, and all town building inspectors, such districts shall be subject to all of the provisions of this ordinance. (11/5/84)
(g) Regulation of Construction, Reconstruction and Exterior Alteration.
1. Any application for a permit from a township building inspector involving the exterior of a designated landmark, or structure within an historical area shall be filed with the Historical Preservation Commission.
2. No owner or person in charge of a landmark, or structure within an Historic area shall reconstruct or alter all or any part of the exterior of such property or construct any improvement upon such designated property or properties within an Historical Overlay District or cause or permit any such work to be performed upon such property unless a Certificate of Appropriateness has been granted by the Historical Preservation Commission. Unless such certificate has been granted by the commission, a township Building Inspector shall not issue a permit for any such work.
3. Upon filing of the application with the Historical Preservation Commission, the Historical Preservation Commission shall determine:
a. Whether, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which said work is to be done; and
b. Whether, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site; and
c. Whether, in the case of any property located in a historic area, designated pursuant to the terms of section (f)4, hereunder, the proposed construction, reconstruction or exterior alteration would or would not conform to the objectives and design criteria of the historical preservation plan for said historic area as duly adopted by the County Board.
4. If the commission finds the guidelines set forth in subparagraphs a, b, and c of Paragraph 3 have been met, it shall issue the Certificate of Appropriateness. Upon the issuance of such certificate, the building permit shall then be issued by the appropriate Township Building Inspector. The commission shall make this decision within thirty (30) days of the filing of the application. Should the commission fail to issue a Certificate of Appropriateness due to failure of the proposal to conform to the above guidelines, the applicant may appeal such decision in accordance with the procedures set forth in section 12.55 of this ordinance. In addition, if the commission fails to issue a Certificate of Appropriateness, the commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a Certificate of Appropriateness within the guidelines of this ordinance.
5. A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with 12.26.-1 (d), flood resistant material used and construction practices and floodproofing methods shall comply with 12.11.040(l). Repair or rehabilitation of historic structures shall be exempt from the development standards of 12.39.100(d) if it is determined that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(h) Regulation of Demolition. No permit to demolish all or part of a landmark, or improvement in an Historical Overlay District, shall be granted by the appropriate Township Building Inspector except as follows:
1. Any person in charge of a landmark, or structure in an historic area shall not be granted a permit to demolish such property without written approval of the commission.
2. At such time as such person applies for a permit to demolish such property, such application shall be filed with the commission. Upon such application, the commission may refuse to grant such written approval for a period of up to ten (10) months from the time of such application, during which time the commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the commission shall cooperate in attempting to avoid demolition of the property. At the end of this ten (10) month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway, or if no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the appropriate Township Building Inspector may issue the permit to demolish the subject property without the approval of the commission. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and are available for disbursement within a period two (2) months following the end of such ten (10) month period, the appropriate Township Building Inspector may issue the permit to demolish the subject property without the approval of the commission.
(i) Recognition of Landmarks and Historic Areas. At such time as a landmark or historic area has been properly designated in accordance with this ordinance, the commission shall cause to be prepared and erected on such property at County expense, a suitable plaque declaring that such property is a landmark or historic area. Such plaque shall be so placed as to be easily visible to passing pedestrians. In the case of a landmark, the plaque shall state the accepted name of the landmark, the date of its construction, and other information deemed proper by the commission. In the case of a landmark site which is not the site of a landmark building, such plaque shall state the common name of the site, and such other information deemed appropriate by the commission.
(j) Sale of Landmarks. Any party who is listed as the owner of record of a landmark at the time of its designation, and who can demonstrate to the commission that by virtue of such designation he is unable to find a buyer willing to preserve such landmark, even though he has made reasonable attempts in good faith to find and attract such a buyer, may petition the commission for a recision of its designation. Following the filing of such petition with the commission:
1. The owner and the commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.
2. If, at the end of a period not exceeding six (6) months from the date of such petition, no such buyer can be found, and if the owner still desires to obtain such recision, the commission shall rescind its designation of the subject property.
3. In the event of such recision, the commission shall notify the County clerk, the appropriate Township Clerk, and the appropriate Township Building Inspector and the County Assessor of same, and shall cause the same to be recorded, at its own expense, in the office of the Kenosha County Register of Deeds.
4. Following any such recision, the commission may not redesignate the subject area as a landmark or historic area for a period of not less than five (5) years following the date of recision.
(k) Conformance with Regulations. Every person in charge of any landmark, or improvement in a historic area shall maintain the same or cause to permit it to be maintained in a condition consistent with the provisions of this section. The County Board may appoint the Kenosha County Department of Planning and Development or any other individual or group of individuals to inspect the premises and to enforce this ordinance. The duties of the inspection officer shall include periodic inspection at intervals provided by the County Board of designated landmarks and historic areas. Such inspections may include physical entry upon the property to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for the enforcement officer to enter for purposes of inspection at reasonable hours, the inspection officer may obtain a warrant of entry pursuant to Wisconsin Statutes, section 66.122 and take any other reasonable measures to further the enforcement of this ordinance.
(l) Maintenance of Landmarks and Historic Areas. Every person in charge of an improvement in an Historical Overlay District shall keep in good repair all the exterior portions of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.
(m) Conditions Dangerous to Life, Health or Property. Nothing contained in this section shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any improvement on a landmark site or in a historic area for the purpose of remedying emergency conditions determined to be dangerous to life, health, or property. In such cases, no approval from the commission shall be required.
(n) Any party violating any section of this ordinance pertaining to historical preservation shall be subject to the provisions of section 12.53 of this ordinance. [Code § 12.26-2.]
[Code § 12.26-3.]
(a) Primary Purpose and Characteristics. The Kenosha County Board of Supervisors has determined that section 59.69 of the Wisconsin Statutes grants the County board authority to create “planned development districts” as granted to cities pursuant to section 62.23(7)(b) of the Wisconsin Statutes. The PUD Planned Unit Development Overlay District, set forth herein, is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning and diversified location of structures. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this Ordinance will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703 of the Wisconsin Statutes (condominiums) may be permitted by the County board upon specific petition under this section of the ordinance and after public hearing with such development encompassing one (1) or more principle uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section of the ordinance have been met.
(b) Planned Unit Development Overlay District. (PUD). So as to ensure a maximum benefit to both the community and to developers and so as to provide for flexibility in planning in all the districts created under this ordinance except for the A-1, A-2, A-3, A-4, R-1, R-2, R-6, R-12, I-1, PR-1, C-1, C-2, FPO, HO, and AEO districts, there is hereby created the Planned Unit Development Overlay District. (3/1/94)
(c) Principal, Accessory and Conditional Uses. Principal, accessory and conditional uses permitted in a Planned Unit Development Overlay District shall conform to uses permitted in the underlying basic use district or districts. All open space and parking requirements of the underlying basic use district or districts shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one (1) or more locations within the development. (3/2/10)
(d) Ownership. Areas designated as PUD Overlay Districts shall be under single or corporate ownership or control at the time of their creation.
(e) Minimum Area Requirements (3/2/10). Areas designated as PUD Overlay Districts shall contain a minimum development area of:
Minimum Area of PUD | |
|---|---|
Residential Planned Unit Development | 10 acres |
Commercial Planned Unit Development | 10 acres |
Industrial Planned Unit Development | 10 acres |
Mixed Use Planned Unit Development | 10 acres |
Agricultural Preservation Planned Unit Development | 10 acres |
(f) Minimum Sanitary Sewer Requirements. All Planned Unit Developments shall be on a public sanitary sewer system, except for Agricultural Preservation Planned Unit Developments, which need not be on public sanitary sewer systems but which must then have soils adequate to support on-site septic systems.
(g) Pre-petition Conference and General Lay-out Concept Plan. Prior to the official submission of the petition for the approval of a Planned Unit Development Overlay District, the owner or his agent making such petition shall meet with the staff of the Kenosha County Department of Planning and Development and the designated representative of the town wherein the Planned Unit Development is to be located to discuss the scope and proposed nature of the contemplated development and data and other information as deemed appropriate and pertinent for presentation to the committee. At the pre-petition conference, the owner or agent shall present a general lay-out and plan including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development using as a general guideline the requirements set forth in subsection 2a-n of this section. (3/2/10)
(h) Petition. Following the pre-petition conference, the owner or his agent may file a petition with the Kenosha County Department of Planning and Development for approval of a Planned Unit Development Overlay District. Such petition shall be accompanied by the review fee required under section 12.05.070 of this ordinance as well as the following information: (3/2/10)
1. A statement which sets forth the relationship of the proposed Planned Unit Development to any existing or proposed master plans or any adopted component thereof, and the general character of and the uses to be included in the proposed Planned Unit Development including the following information:
a. Total area to be included in the Planned Unit Development, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
b. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features of common open spaces.
c. A general outline of the organizational structure of a property owner’s association, which may be proposed to be established for the purpose of providing any necessary private services or maintenance of common open spaces.
d. Any proposed departures from the standards of development as set forth in the County zoning regulations, other county regulations or administrative rules, or other county or town ordinances.
e. The expected date of commencement, schedule of development by phases, and completion of physical development as set forth in the proposal.
f. Notwithstanding the departures from lot area, setback, building separation; and modification of street standards and/or sidewalk and walkway requirements; no modifications shall be granted from the floodplain protection and wetland protection measures set forth in this ordinance. (3/2/10)
2. A detailed development site plan including:
a. A survey and legal description of the boundaries of the subject property included in the proposed Planned Unit Development and its relationship to surrounding properties prepared by a land surveyor registered by the State of Wisconsin.
b. The location of public and private roads, driveways, and parking facilities.
c. The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
d. The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.
e. The type, size, and location of all structures.
f. General landscape treatment.
g. Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of the proposed structures.
h. The existing and proposed location of public sanitary sewer and water supply facilities.
i. The existing and proposed location of all private utilities or other easements.
j. The characteristics of soils related to contemplated specific uses.
k. Existing topography on the site with contours at no greater than two (2) foot intervals.
l. Detail storm-water drainage plans prepared by a professional engineer registered by the State of Wisconsin.
m. Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
n. Any other data or information requested at the pre-petition conference.
(i) Referral to Town Board and Planning, Development & Extension Education Committee. The petition and detailed site plan for a Planned Unit Development Overlay District shall be referred to the Town Board of the town wherein the proposed Planned Unit Development is to be located for its review and recommendation, which may include any additional conditions or restrictions the Town Board may deem necessary or appropriate. Following such review, the petition and recommendation shall be forwarded to the Kenosha County Planning, Development & Extension Education Committee for similar review and recommendations. (11/5/84)
(j) Public Hearing. The Planning, Development & Extension Education Committee, before formulating its recommendations to the County Board, shall hold a public hearing pursuant to the requirements of section 12.58 of this ordinance. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested Planned Unit Development Overlay District. (11/5/84)
(k) Basis for Petition Approval.
1. The Planning, Development & Extension Education Committee in making its recommendation to the County Board and the County Board in making its determination, shall find: (11/5/84)
a. That the petitioners for the proposed Planned Unit Development Overlay District have indicated that they intend to begin the physical development of the Planned Unit Development within twelve (12) months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the County.
b. That the proposed Planned Unit Development Overlay District is consistent in all respects to the purpose of this section and to the spirit and intent of this ordinance; is in conformity with any existing or proposed adopted master plans or any adopted components thereof; and, that the development would not be contrary to the general welfare and economic prosperity of the community.
c. That the proposed Planned Unit Development Overlay District is compatible with adjacent development in the immediate area, or that appropriate measures, such as a vegetative buffer, have been employed to reduce the visual impact on surrounding land uses. (3/2/10)
d. The Planning, Development & Extension Education Committee in making its recommendations and the County Board in making its determination shall further find that: (11/5/84)
1) The proposed site is provided with adequate drainage facilities for surface and storm waters.
2) The proposed site is accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
3) No undue constraint or burden will be imposed on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas by the proposed development.
4) The streets and driveways on the site of the proposed development are adequate to serve the proposed development and do meet the minimum standards of all applicable ordinances or administrative regulations of the County or town, whichever is more restrictive.
5) Centralized public water and sewer facilities are provided, except with respect to an Agricultural Preservation Planned Unit Development Overlay District. (3/2/10)
6) The entire tract or parcel of land to be included in a Planned Unit Development Overlay District is held under single ownership, or if there is more than one (1) owner, the petition for such Planned Unit Development Overlay District is considered as one (1) tract, lot or parcel and the legal description defines said Planned Unit Development as a single parcel, lot or tract and is jointly petitioned by the several owners. This requirement shall not be deemed to prevent further divisions of the land after creation of the Planned Unit Development Overlay District provided that all further divisions are in accordance with the restrictions placed on the particular Planned Unit Development.
e. That in the case of a proposed residential Planned Unit Development Overlay District:
1) Such development creates an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreational space, and coordination with overall plans for the County and the town wherein the Planned Unit Development is to be located.
2) The following table has been used and complied with for the following districts in determining the density of a development or site: (3/2/10)
Maximum Gross Density (dwelling units per acre) | Average Net Area Per Dwelling Unit (square feet) | |
|---|---|---|
R-3 | 2.2 | 20,000 |
R-4 | 2.9 | 15,000 |
R-5 | 4.4 | 10,000 |
R-8 | 4.4 | 10,000 |
R-9 | 8.7 | 5,000 |
R-10 | 10.8 | 4,000 |
R-11 | 12.4 | 3,000 |
3) The Residential Planned Unit Development project is limited to development types as hereinafter set forth:
a) Cluster developments, attached single-family dwellings, townhouses, and condominiums are permitted in the R-4, R-5 and R-8 districts but shall not exceed two (2) dwelling units per structure.
b) Cluster developments, townhouses, and condominiums are permitted in the R-9 district, but shall not exceed four (4) dwelling units per structure.
c) Cluster developments, townhouses, and condominiums are permitted in the R-10 district, but shall not exceed eight (8) dwelling units per structure.
d) Cluster developments, townhouses, and condominiums are permitted in the R-11 district, in which case, the Kenosha County Planning, Development & Extension Education Committee may set limits on structural size and number of units in each structure.
4) Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
5) Provision has been made for adequate, continuing fire and police protection.
6) The population composition of the development will not have an adverse effect upon the individual town’s capacity to provide needed school or other municipal service facilities.
7) Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.
f. That in the case of a proposed commercial Planned Unit Development Overlay District:
1) The economic practicality of the proposed development can be justified.
2) The proposed development will be adequately served by off street parking and truck service facilities.
3) The proposed development is adequately provided with and does not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.
4) The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
5) The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood or area.
g. That in the case of a proposed industrial Planned Unit Development Overlay District:
1) The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
2) The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas.
3) The proposed development will include adequate provisions for off street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
4) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
h. That in the case of a proposed mixed use Planned Unit Development Overlay District: (3/2/10)
1) The proposed mixture of uses (i.e. residential, commercial, industrial) will produce a unified composite which is compatible within the underlying districts and which as a total entity is compatible with the surrounding neighborhood.
2) The various types of uses (residential, commercial, industrial) conform to the general requirements for each use as hereinbefore set forth, applicable to projects of such use and character.
3) The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
4) The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas.
5) The proposed development will include adequate provisions for parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
6) The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
i. That, in addition to the applicable provisions of subsection e above, in the case of an Agricultural Preservation Planned Unit Development Overlay District:
1) The proposed development promotes the purpose of an Agricultural Preservation Planned Unit Development Overlay District, which is to permit rural-character residential development that, over a period of time, will enable residential growth to occur and coexist with agricultural production, maximizing the value and enjoyment of the former while maintaining the availability and productivity of the latter, and thereby preserving the local community’s agricultural and rural character.
2) The density of the proposed development, as approved by the Town, shall conform to the overlying Comprehensive Plan land use category, which shall be Suburban-Density Residential and/or Rural-Density Residential for new residential parcels and Farmland Protection and/or General Agriculture and Open Land for the remnant parcel, and with the underlying zoning district, which shall be A-1, R-1, or R-2 for new residential lots (depending on approved density) and A-1 or A-2 for the remnant parcel, all with an Agricultural Preservation Planned Unit Development overlay. Only single-family dwellings are allowable.
3) The proposed development satisfies the following residential lot design standards:
a) All residential lots shall contain suitable soils for the installation of a private on-site waste treatment (septic) system and well.
b) Residential lots shall have adequate access to existing or new state , county, or town rights-of-way. The proposed access point shall comply with the required access standards as established by the state, county, and town regulations. Shared driveways may be allowed or required.
c) Residential lots shall provide adequate site drainage and not create adverse impacts on adjoining properties. Any drain tiles on the property shall be maintained or rerouted and, if damaged, repaired so as to not adversely impact any lands utilizing the existing drain tile, regardless of location.
d) To the extent possible, residential lots shall be located adjacent to existing residential uses or lands designated as a residential zoning district, minimizing the number and length of edges between residential uses and agricultural operations.
e) Residential lots shall be sized and located in a manner as to minimize the amount of tillable agricultural land converted to nonagricultural use. Lots shall be a minimum of 2 acres and a maximum of 5 acres, excluding the remnant parcel, lifestyle farms and/or farm consolidations.
f) Residential lots shall not create inefficient to farm remnant agricultural parcels based on the remnant parcels’ shape, size or contiguity to other agricultural land.
g) Residential lots shall be compatible with existing, planned, and/or permissible nearby agricultural practices, including the raising of livestock. So as to minimize the likelihood of future conflicts between residential uses and agricultural practices, the approved petition and site plan shall be recorded against the development and shall include a conspicuous notification apprising would-be owners of the proximity of the residential lots to existing and/or potential future agricultural practices, the externalities of which may impair the residential enjoyment of the parcel, and further to apprising the would-be lots’ purchasers of the provisions of Wisconsin’s “Right to Farm” law, sec. 823.08, Stats., as may be amended from time to time.
h) Residential lots shall minimize the visibility of principal and accessory structures by utilizing landforms, existing vegetation, topography, new plantings, or other similar factors to provide screening. Existing vegetation and new plantings shall be maintained in good health. Dying vegetation and plantings shall be restored or replaced to their original condition by the responsible lot owner. New plantings shall be setback from the lot line a distance equal to ½ the full maturity of the new planting to prevent planting growth over lot lines. A formal landscaping plan and bond may be required by the Town. Notwithstanding the above, the aesthetics and appearance of a proposed development, vis-à-vis the rural character of the nearby properties, may be taken into account in reviewing a proposed development and in determining the extent of screening that shall be required. For example, property owners choosing to impose, by way of the inclusion of such a provision in the petition, which shall be recorded against the development upon approval, a restriction on residential lots so as to allow only the construction of Midwestern farmhouse style-homes thereon may require no screening at all. For purposes of this section, “Midwestern farmhouse-style homes” means those houses characterized by the following features: two stories; simple, vertical lines; a gable roof; light-colored wood or wood-appearance siding; and a front or wrap-around porch.
i) Residential lots shall have an approximate depth to width proportion of 2:1, to the greatest extent possible.
j) All allowable residential lots, based upon the property’s approved density, shall be described and depicted on the proposed development’s petition and site plan, including those lots that are not intended to be immediately created by subdivision plat or by certified survey map.
4) All parcels shown on an approved petition and site plan, specifically including all remnant parcels, shall be restricted against any future land division or rezoning for a period of 30 years from the date of the approval of the petition, except with respect to such residential lots as are described and shown on an approved petition and site plan but which were not created contemporaneously with the petition. The restriction shall further provided that, upon expiration of the 30-year period, the subject parcels may be rezoned or further divided only with the unanimous approval of the Town Board.
5) The Agricultural Preservation Planned Unit Development Overlay District is designed to be consistent the Kenosha County 2035 Multi-jurisdictional Comprehensive Plan and with the Town’s subdivision requirements and procedures. Therefore, all Agricultural Preservation Planned Unit Development Overlay District petitions shall be reviewed and approved in conjunction with, or conditioned upon, a corresponding approval to change the property’s Comprehensive Plan designation and with a corresponding approval by the Town of a land division creating one or more new lots consistent with the petition. If any of the Comprehensive Plan category change application, the proposed land division application, or the Agricultural Preservation Planned Unit Development Overlay District petition applications are denied for any reason, the other applications shall be denied as well.
(l) Determination. The County Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a Planned Unit Development Overlay District shall be based upon and include as conditions thereto adherence to the building, site, and operational plans for the development as approved by the County Board.
(m) Changes and Additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the designated Town Board and the Planning, Development & Extension Education Committee and if in the opinion of either such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Planning, Development & Extension Education Committee shall be required and notice thereof shall be given pursuant to the provisions of section 12.58 of this ordinance, and said proposed alterations shall be submitted to the County Board for approval. (11/5/84) With respect to an approved Agricultural Preservation Planned Unit Development Overlay District, a substantial alteration may be approved only by the County Board and unanimous consent of the Town Board.
(n) Subsequent Land Division. The division of any land or lands within a Planned Unit Development Overlay District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of Kenosha County and the individual Town.
(o) Failure to begin development if no substantial construction has commenced as defined in section 12.05.030 of this ordinance or no use established in the Planned Unit Development District within the time schedule submitted to the County board, the Kenosha County Department of Planning and Development shall petition the Kenosha County Board of Supervisors for the purpose of rescinding the planned unit development overlay designation so as to allow the land in question to revert to its underlying zone. The procedures set forth in section 12.58 of this ordinance, relating to the amendment of this ordinance shall be adhered to in its discretion and for good cause, the County board may extend for a reasonable period of time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If the Planned Unit Development Overlay District is rescinded, the Department of Planning and Development shall remove said district from the official zoning map. Those zoning regulations applicable before the creation of said district shall then be in effect and no vested rights in the Planned Unit Development Overlay District shall be deemed to have occurred. (3/2/10)
(p) List of adopted PUD Districts can be found in Appendix “F”. (3/2/10) [Code § 12.26-4.]
(a) Primary Purpose and Characteristics. It is the intent of the Kenosha County Board of Supervisors in creating the Airport Overlay District to provide for the possibility of establishing a use district designed to coordinate the planning, development, and regulation of land uses in the vicinity of airports so as to ensure that the uses are mutually compatible with the operation of the airport and that any public investment in an airport is protected and further that public safety, welfare, health and convenience is served.
So as to address the problems which are associated with airport development, this district is distinguished by regulations relating but not limited to, safety, density, height restrictions and noise levels.
It is recognized that it is neither possible nor practical 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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Definitions. In this section:
1. “Airport affected area” means that area contiguous to the airport property in which mutually compatible land uses would be in the public interest. The total length of an airport affected area may not exceed five (5) times the length of an existing or planned runway, and an airport affected area may not extend beyond the end of the runway by a distance exceeding twice the length of the existing or planned runway. The width of an airport affected area may not exceed one-half mile on either side of the center line of the existing or planned runway.
2. “Airport owner” means any city, village, town, county, or combination thereof which owns an approved airport.
3. “Approved airport” means any airport or future airport site:
a. Which has been approved as an airport site by appropriate state and federal agencies;
b. Which is included in the state airport system plan; and
c. To which the fee simple is vested in the airport owner.
4. “Mutually compatible uses” means those uses of land which neither create an airport hazard to the safe operation of aircraft using the airport, nor are in such a location relative to the airport that inhabitants might be unduly endangered or otherwise adversely affected by the lawful operation of aircraft using the airport.
(c) Procedures for Creation of Airport Overlay District, AOD.
1. Any airport owner may petition the Kenosha County Board of Supervisors for the purpose of creating an Airport Overlay District pursuant to the provisions set forth in section 12.58 of this ordinance, and
2. Prior to petitioning the Kenosha County Board of Supervisors for the purpose of creating an Airport Overlay District, the airport owner shall prepare for presentation to the Kenosha County Planning, Development & Extension Education Committee an airport affected area land use plan. Said plan shall be prepared in such a fashion so as to consider the social, economic, and environmental effects of the airport and airport operations on land in the vicinity of the airport and in the airport affected area and shall make provision for anticipated growth and coordination of planning efforts for other transportation modes for both passengers and freight. This plan shall reflect environmental, developmental and transportation goals for the area and shall be adopted by the airport owner. A copy of the land use plan, including maps and accompanying documents shall be submitted to the Secretary of the State Department of Transportation for review prior to submission to the Planning, Development & Extension Education Committee. This plan shall catalogue all existing land uses in the vicinity of the airport and in the airport affected area, project future characteristics involving the operation of the airport and the land requirements for said airport including the number and type of aircraft that will make use of the airport, the hours of operation and the necessary land acquisitions and easements needed for the safe operation of the airport. In addition, said plan shall delineate all noise zones and the type of uses that are both compatible and incompatible in said noise zones, and long-range estimates of noise impact. Said plan shall furthermore identify existing and future incompatible uses, designate alternative land use plans, and techniques for plan implementation, as well as evaluate the potential effects of these alternate land use plans and regulate techniques. The best alternative plan and technique shall be recommended. (11/5/84)
Accompanying said plans shall be all necessary noise contour maps and compatibility charts and tables and height restriction maps necessary for the safe operation of the airport facility.
(d) Upon the creation of an Airport Overlay District pursuant to the provisions of section 12.58 of this ordinance, navigational and meteorological structures shall be permitted and also the following principal uses shall be permitted provided they are permitted in the underlying basic use district and that there is no interference with existing or proposed navigational aids:
1. Agriculture, forestry, truck farming and other vegetable and plant crop cultivation, and roadside stands for the sale only of products grown on the premises.
2. Arboretum
4. Botanical gardens
5. Car rental agencies
6. Fish and bait hatcheries, and worm farms, including sale at wholesale or retail
7. Game preserves
8. Golf courses
9. Greenhouses
10. Marinas.
12. Parking lots
13. Picnic Areas
14. Public works and public utility facilities such as water pumping stations, plants and reservoirs, electric transmission lines and substations
15. Reservoirs
16. Riding academies, public and private stables
17. Sod farming
18. Water-treatment plants
(e) Upon the creation of the Airport Overlay District, only those accessory uses permitted in the underlying district shall be permitted provided, however, that there is no interference with existing or proposed navigational aids.
(f) Upon the creation of the Airport Overlay District, only the following conditional uses shall be permitted provided they are permitted as either principal or conditional uses in the underlying district. (see also section 12.40.080, Airport Overlay Conditional Uses):
1. Aviation schools
2. Banking services
3. Bottling plants
4. Building materials, storage yards or buildings, including sales of equipment commonly used by contractors
5. Cemeteries, columbaria, crematories, and mausoleums, subject to the approval of the Wisconsin Board of Health and Board of Adjustment
6. Convention centers
7. Gas stations
10. Night clubs
11. Office buildings
12. Recreational activities
13. Restaurants
14. Service and light industries and related offices and showrooms that manufacture, compound, assemble, process, package, store and distribute goods and materials and are in general dependent upon raw materials refined elsewhere, including chemicals and allied products; food and beverage products; metal and metal products; textiles; bedding and fibers; wood and paper products; glass products; and plastic products
15. Sewage disposal plant
16. Shopping centers
17. Stone monument works
18. Terminals, (passenger, freight, taxi, bus)
19. Warehouses and related showrooms and offices
20. Wholesale distribution centers, including storage buildings, open storage areas, and related offices and showrooms.
(g) Special requirements. The following special requirements shall apply for all principal, accessory and conditional uses allowed in the Airport Overlay District:
1. Lighting.
a. Except as may be permitted as an airport navigational aid, a pulsating, flashing, rotating, oscillating, or other type of lighting intended as an attention-getting device shall be expressly prohibited.
b. Flood lights, spot lights, or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground.
c. Any light which constitutes a “misleading light” within the meaning of TSO-N19 or such other regulations as may be thereafter duly adopted by the Civil Aeronautics Administration, is expressly prohibited.
2. Radio and Electronic.
a. Any radio or electronic device shall be permitted only in conjunction with a valid license therefore or other authorization as may be issued by the Federal Communications Commission.
b. Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited.
3. Smoke. Any operation or use which emits smoke, dust, or any visible fumes or vapors into the atmosphere shall be expressly prohibited.
(h) Lot area, width, yards and sanitation requirements. Lot area, width, yard and sanitation requirements applicable in the underlying district shall apply in the Airport Overlay District.
(i) Height. Except for legal fences and farm crops, no structure shall be constructed, altered, located or permitted to remain after construction, alteration or location and no trees shall be allowed to grow to a height in excess of the height limit indicated on the “Height Restriction Maps” prepared in conjunction with the airport affected area land use plan provided for in section 12.37.050(c)2 of this ordinance.
(j) Noise. No principal, accessory or conditional use shall be permitted on a parcel unless the intended use is compatible with the sound levels expected to be generated on the parcel as shown on the Noise Contour Maps and compatibility charts and tables prepared in conjunction with the airport affected area land use plan provided for in section 12.37.050(c)2 of this ordinance.
(k) Amendment. Any amendment to the Airport Overlay District shall not be effective until such time as the airport owner has been notified of the proposed amendment and been given an opportunity to notify the Kenosha County Planning, Development & Extension Education Committee of any adverse effect created by said amendment. (11/5/84) [Code § 12.26-5.]
(a) Primary Purpose and Characteristics. The purpose of the RC Rural Cluster Development Overlay District is to preserve rural landscape character, sensitive natural areas, farmland and other large areas of open land, while permitting residential development at low, rural densities, in an open space setting, located and designed to reduce the perceived intensity of development and provide privacy for dwellings. Specific objectives are as follows:
1. 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, ridge tops, steep slopes, and critical species habitat by setting them aside from development. Such areas are contained in primary environmental corridors as identified by the Southeastern Wisconsin Regional Planning Commission and are of particular significance for conservation.
2. To preserve scenic views and to minimize views of new development from existing streets.
3. To provide for the unified and planned development of clustered, single-family, low density residential uses, incorporating large areas of permanently protected common open space.
4. To provide for greater design flexibility in the siting of dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of the rural landscape elements, scenic quality, and overall aesthetic value of the landscape.
5. To increase flexibility and efficiency in the siting of services and infrastructure, by reducing street length, utility requirements, drainage requirements, and the amount of paving required for residential development, where possible.
6. To create groups of dwellings with direct visual and physical access to common open space.
7. To permit active and passive recreational use of common open space by residents of developments within this district and by the public, when appropriate.
8. To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
9. To allow for the continuation of agricultural uses in those areas best suited for such activities and when such activities are compatible with adjoining residential uses.
10. To permit various means for owning common open space and for protecting it from development in perpetuity.
11. To create an attitude of stewardship for the land within common open space by requiring a land management plan for the common open space.
12. To implement the objectives of any applicable adopted comprehensive plan or comprehensive plan component.
(b) RC Rural Cluster Development District Designation. An RC Rural Cluster Development District designation may be placed on any site in the A-2, R-1 and C-2 Districts meeting the minimum tract size requirements specified in Section 12.37.060(g).
(c) Principal Uses.
1. Clustered single-family detached dwellings.
2. Single-family farmstead dwellings with associated agricultural structures as listed in Section 12.37.060(c) 6.f.
3. Community living arrangements having a capacity for 8 or fewer persons and which shall be in conformance with all state statutory requirements.
5. Foster family homes having less than 4 foster children and not exceeding 8 total occupants and which are in conformance with all state statutory requirements.
6. Common open space for cluster development with uses permitted as follows:
a. Conservation of land in its natural state (for example, woodland, fallow field, or managed meadow.)
b. Game farm, fish hatchery, hunting and fishing preserve, wildlife sanctuary, forest preserve, or similar uses designated for the protection and propagation of wildlife.
c. Agricultural uses, including the cultivation, harvesting and sale of crops and related farm products, the raising and sale of livestock or fowl, along with associated pasture and barnyards, orchards, nurseries, greenhouses and related horticultural activities.
d. Pasture for recreational horses.
e. Growing and sale of Christmas trees.
f. Agricultural structures such as barns, silos, storage sheds, cribs, coops, and stables.
g. Interior cluster group open space.
h. Passive recreation, including, but not limited to, hiking trails, bicycle or bridle trails, picnic areas, community gardens, and lawn area.
i. Active recreation, including, but not limited to, playing fields, playgrounds and courts.
j. Parking areas where necessary to serve active recreation facilities.
k. Easements for access, drainage, sewer and water lines, or other public purposes.
l. Storm water management facilities including detention and retention basins.
m. Water supply and sewerage systems for individual lots, cluster groups, or the entire development.
n. Utility and street rights-of-way except that their land areas shall not count toward the minimum open space requirement.
(d) The following uses and activities are prohibited in common open space:
1. Use of motor vehicles except on approved roads, driveways and parking areas
Maintenance, law enforcement, emergency and farm vehicles are exempt from this provision.
2. Cutting of healthy trees, regrading, cutting and filling, topsoil removal, altering, diverting or modifying water courses or water bodies, except in compliance with a land management plan for the tract, conforming to customary standards of forestry, erosion control and engineering.
3. Intensive animal feed lot operations.
(e) Permitted Accessory Uses.
1. Accessory structures such as detached garages, sheds and boathouses (see also section 12.17)
3. Small wind energy system
4. Solar energy system
5. Swimming pools and spas (see also section 12.20)
(f) Conditional Uses.
1. Community living arrangements having 9 but not more than 15 persons which shall be in conformance with all state statutory requirements.
2. Model single-family homes and related real estate sales office located within the model unit
3. Utility substations.
4. Large wind energy system
5. Golf courses.
6. Community swimming pools.
7. Community center for the use of residents of the cluster development.
(g) Density and Dimensional Standards.
1. For residential dwelling with individual on-site sewage disposal absorption systems:
Development Standard | A-2 District | |
|---|---|---|
Minimum tract size | 50 acres | 25 acres |
Maximum density [1] | 1 du/10 acres | 1 du/5 acres |
Minimum lot area [2] | 80,000 sq. ft. | 40,000 sq. ft. |
Minimum lot width [3] | 200 feet | 150 feet |
75 feet | 50 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | Not less than 75 feet from the ordinary high water mark of any navigable water | |
Side yard [4] | 50 feet | 25 feet |
75 feet | 50 feet | |
Accessory buildings setback and size regulations [5] | See section 12.17 | See section 12.17 |
Minimum common open space [6] | 60 percent | 60 percent |
Maximum building height (excluding agricultural structures) | 35 feet | 35 feet |
10 percent | 10 percent |
a. Existing dwellings that may or may not be part of a farmstead shall be counted towards the total density. For the purposes of this section, acres refers to gross land area including all lands within the tract, except existing street, railroad, and utility rights-of-way. Only 20 percent of wetlands and floodplain may be counted toward the calculation of density.
b. For an existing farmstead on a tract used for cluster development, the minimum lot area shall be 5 acres or a lot large enough to accommodate all structures within a building envelope created by a 100-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to 200 feet.
c. Lot frontage may be reduced on lots located on a cul-de-sac or curve to 100 feet of frontage in the A-2 District and 80 feet in the R-1 and C-2 Districts provided there is at least 200 feet of width at the required setback line in the A-2 District and 150 feet in the R-1 and C-2 Districts.
d. When dwelling units are not located on individual lots, such as in a condominium development, they shall be separated from one another by a minimum distance of 100 feet in the A-2 District and 50 feet in the R-1 and C-2 Districts.
e. Accessory buildings are not permitted in front yards.
f. In the calculation of common open space areas, the following shall be excluded: private lot areas, public or private street and highway rights-of-way, railroad and utility rights-of-way, parking areas, and areas not meeting the requirements of Subsection 12.37.060(j) 9
2. For residential dwellings with public sanitary sewer:
Development Standard | A-2, R-1 and C-2 Districts |
|---|---|
Minimum tract size | A-2 District: 50 acres R-1 and C-2 Districts: 25 acres |
Maximum density [1] | A-2 District: 1 du/10 acres R-1 and C-2 Districts: 1 du/5 acres |
Minimum lot area [2] | 20,000 square feet |
Minimum lot width [3] | 100 feet |
30 feet | |
Not less than 75 feet from the ordinary high water mark of any navigable water | |
Side yard [4] | 10 feet minimum one side 20 feet both sides |
25 feet | |
Accessory building setback from side and rear lot lines [5] | See Section 12.17 |
Minimum common open space [6] | 70 percent |
Maximum building height (excluding agricultural structures) | 35 feet |
15 percent |
a. Existing dwellings that may or may not be part of a farmstead shall be counted towards the total density. For the purposes of this section, acres refers to gross land area including all lands within the tract, except existing street, railroad, and utility rights-of-way. Only 20 percent of wetlands and floodplain may be counted toward the calculation of density.
b. For an existing farmstead on a tract used for cluster development, the minimum lot area shall be 5 acres or a lot large enough to accommodate all structures within a building envelope created by a 100-foot setback from all sides of the lot, whichever is larger. For farmsteads with livestock, the setback shall be increased to 200 feet.
c. Lot frontage may be reduced on lots located on a cul-de-sac or curve to 50 feet of frontage provided there is at least 100 feet of width at the required setback line.
d. When dwelling units are not located on individual lots, such as in a condominium development, they shall be separated from one another by a minimum distance of 60 feet.
e. Accessory buildings are not permitted in front yards.
f. In the calculation of common open space areas, the following shall be excluded: private lot areas, public or private street and highway rights-of-way, railroad and utility rights-of-way, parking areas, and areas not meeting the requirements of Subsection 12.37.060(j) 9
(h) Separation Distances for Cluster Groups.
1. The outer boundaries of all cluster groups shall conform to the following separation distances:
From abutting arterial street proposed rights-of-way or from scenic roads, if defined in a town comprehensive plan of comprehensive plan component | 100 feet |
From all other external street proposed rights-of-way | 50 feet |
From all tract boundaries | 100 feet |
From cropland or pasture land | 100 feet |
From barnyards or buildings housing livestock | 300 feet |
From other cluster groups | 100 feet |
From wetlands, floodplains, or watercourses | 35 feet |
From active recreation areas, such as courts or playing fields | 100 feet |
2. All separation areas for cluster groups along existing streets shall be landscaped in accordance with Section 14.08-15 of the Kenosha County Land Division Control Ordinance in order to block views of new residential development, preserve scenic views, and to protect rural landscape character.
3. The dimensional standards in Section 12.37.060(h) 1 may be reduced as follows:
a. 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.
b. All other separation distances may be reduced up to 50 percent if the applicant can demonstrate that such reduced setbacks improve the plan’s compliance with the cluster group design standards in Section 12.37.060(j), the intent of this ordinance, and the objectives of any applicable comprehensive plan or comprehensive plan component.
(i) Design Standards for Cluster Groups.
1. All dwelling shall be grouped in clusters groups, each of which shall contain at least 2 but not more than 12 units and shall be surrounded by common open space.
2. Cluster groups may contain more than 12 units, and cluster groups may be assembled into larger groupings not separated by common 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 ordinance.
3. A plat may contain one or more cluster groups.
4. Cluster groups shall be defined by the outer perimeter of contiguous lotted areas or abutting streets, and may contain lots, streets, and interior 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 100 feet.
5. The outer boundaries of each cluster group shall meet the separation distances specified in Section 12.37.060(h).
6. Cluster groups shall be defined and separated by common open space in order to provide direct access to common open space and privacy to individual lot or yard areas. Cluster groups may be separated by streets if the street right-of-way is designed as a boulevard.
7. All lots in a cluster group shall take access from interior streets.
8. All lots in a cluster group shall abut common open space to the front or rear for a distance of at least 50 feet. Common open space across a street shall qualify for this requirement.
9. 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 percent of a single wooded lot is cleared for the construction of a dwelling, driveway, garage, storage building, well, and onsite soil absorption system.
10. Street trees shall be required in cluster groups at a minimum rate of one 2-inch caliper tree per dwelling unit and shall comply with the requirements of Section 14.08-15 of the Kenosha County Land Division Control Ordinance.
(j) Design Standards for Common Open Space.
1. The location of common open space shall be consistent with the objectives of any applicable comprehensive plan or comprehensive plan component.
2. All open space areas shall be part of a larger contiguous and integrated open space system. At least 75 percent of the common open space shall be contiguous to another common open space area. For the purpose of this section, contiguous shall be defined as located within 100 feet across which access is possible, for example on opposite sides of an internal street.
3. Common 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 ordinance. Primary and secondary environmental corridors and isolated natural areas as identified by the Southeastern Wisconsin Regional Planning Commission are of particular significance for protection.
4. 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.
5. All wetland, floodplain, unique wildlife habitat areas, steep slopes over 12 percent, 100 percent of lowland environmental corridor and at least 80 percent of upland primary environmental corridors shall be contained in common open space.
6. 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.
7. To preserve scenic views, ridge tops and hill tops should be contained within common open space wherever possible. Trees shall not be removed from ridge tops or hill tops.
8. At least 80 percent of the area of existing woodlands shall be contained within common open space; 20 percent of the area of existing woodlands may be used for lot areas and residential development. This limitation may be exceeded under the following conditions:
a. The site is primarily wooded and development at permitted density would not be possible without encroaching further on woodlands.
b. Any encroachment on woodlands beyond 20 percent shall be the minimum needed to achieve maximum permitted density.
9. No common 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 common open space.
10. The boundaries of common 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 common 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.
11. Trails in common open space that are located within 50 feet of homes in cluster groups shall be identified by plantings, fences, or other landscape features.
12. Under no circumstances shall all common open space be isolated in one area of the development. Common open space shall be distributed appropriately throughout the development to properly serve and enhance all dwelling units, cluster groups, and other common facilities.
13. Common 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.
14. Safe and convenient pedestrian access and access for maintenance purposes shall be provided to common open space areas that are not used for agricultural purposes, in accordance with the following:
a. At least one access point per cluster group shall be provided, having a width equal to or greater than the minimum width of a lot within the cluster group. This width may be reduced to no less than 50 feet if the applicant can demonstrate that, due to natural site constraints, meeting the lot width requirement would run counter to the objectives of this ordinance.
b. Access to common open space used for agriculture may be restricted for public safety and to interference with agricultural operations.
(k) Ownership and Maintenance of Common Facilities and Open Space.
1. The following methods may be used, either singly or in combination, to own common facilities. Common facilities 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. Ownership methods shall conform to the following:
a. Homeowners Association. Common facilities shall be held in common ownership as undivided proportionate interests by the members of a homeowners association, subject to the provisions set forth herein. The homeowners association shall be governed according to the following:
1) The applicant shall provide to the Kenosha County Department of Planning and Development a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.
2) The organization shall be established by the owner or applicant and shall be operating (with financial subsidy by the applicant, if necessary) prior to the sale of any dwelling units in the development.
3) Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.
4) The organization shall be responsible for maintenance and insurance of common facilities.
5) The members of the organization shall share equitably the costs of maintaining, insuring, and operating common facilities.
6) The organization shall have or hire adequate personnel to administer, maintain, and operate common facility.
7) The applicant for any tract proposed to contain common facilities shall arrange with the Town Assessor a method of assessment of the common facilities which will allocate to each to each tax parcel in the development a share of the total tax assessment for such common facilities. Real estate taxes shall be paid by the individual unit owner directly to the Town.
8) Written notice of the proposed transfer of common facilities by the homeowners association or the assumption of maintenance of common facilities must be given at all members of the organization and to the Town and County at least 39 days prior to such event.
b. Condominium. Common facilities shall be controlled through the use of condominium agreements. Such agreements shall be approved by the Town/County Attorney and shall be in conformance with the “Condominium Ownership Act” of 1977 (Chapter 703, Wisconsin Statutes), as amended. All common open space and other common facilities shall be held as “common element” by the unit owners in the form of undivided percentage interests in accordance with the condominium documents. An association of unit owners shall be formed to govern the affairs of the condominium and membership shall be mandatory.
c. Fee simple dedication to a public agency. The Town/County or other public entity acceptable to the Town/County may, but shall not be required to, accept any portion of the common facilities; provided, that:
1) There shall be no cost of acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) Any facilities so dedicated shall be accessible to the residents of the Town/County, if the Town/County so chooses;
3) The Town/County or other public entity shall maintain such facilities.
4) The residents of the development shall hold a conservation easement on the land and facilities so dedicated, protecting the common open space from development in perpetuity.
d. Dedication of conservation easements to a public agency. The Town/County or other public agency acceptable to the Town/County may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership; provided, that:
1) There shall be no cost of easement acquisition (other than costs incidental to the transfer of ownership, such as title insurance);
2) A satisfactory maintenance agreement shall be reached between the owner and the Town/County.
3) Lands under a Town/County easement may or may not be accessible to the residents of the Town/County.
e. Fee simple dedication to a private conservation organization. An owner may dedicate any portion of the common facilities to a private, not-for-profit conservation organization; provided, that:
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
f. Transfer of easements to a private conservation organization.
1) The organization is acceptable to the Town/County and is a bona fide conservation organization;
2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
3) A maintenance agreement acceptable to the Town/County is established between the owner and the organization.
g. Ownership retained by the original landowner.
1) The Town/County and the residents of the development shall hold conservation easements on the land protecting it from any further development.
2) Resident access to the land is limited only by agreement of the residents of the development, as indicated by documents signed at the time of purchase of individual dwelling units.
h. Other methods acceptable to the Kenosha County Department of Planning and Development.
2. Maintenance and operation of common facilities.
a. A plan and narrative for the use, maintenance, and insurance of all common facilities, including provisions for funding, shall be provided to and approved by the Kenosha County Department of Planning and Development prior to preliminary plan approval. Such plan shall:
1) Define ownership;
2) Establish necessary regular and periodic operation and maintenance responsibilities, including mowing schedules, weed control, planting schedules, clearing and cleanup.
3) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an on-going basis.
4) At the discretion of the Kenosha County Department of Planning and Development, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year.
b. In the event that the organization established to own and/or maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the County/Town may serve written notice upon such organization, and upon the residents and owners of the uses related thereto, setting forth the manner in which the organization has failed to maintain the aforesaid common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this ordinance, and any permits may be revoked or suspended. The County/Town may enter the premises and take corrective action.
c. The costs of corrective action by the County/Town shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The County/Town, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.
3. Leasing of common open space lands. Common open space lands may be leased to another person or other entity for use, operation, and maintenance; provided, that:
a. The residents of the development shall at all times have access to such leased lands, except in the case of lease for agricultural purposes, in which case the residents, with their agreement, may be restricted from accessing the lands.
b. The common open space lands to be leased shall be maintained for the purpose set forth in the ordinance.
c. The operation of such leased open space lands may be for the benefit of the residents of the development only, or may be open to the public, if so determined by the residents.
d. The lease, and any transfer of assignment thereof, shall be subject to the approval of the County/Town Board.
e. Lease agreements so entered upon shall be recorded in the office of the County Register of Deeds within 30 days of their execution, and a copy of the recorded lease shall be filed with the County/Town/ Board.
4. Conservation. Common 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 Kenosha County Department of Planning and Development and duly recorded in the office of the County Register of Deeds. [Code § 12.26-6.]
(a) Primary Purpose and Characteristics. The TCO Town Center Overlay District is intended to provide for the orderly and attractive grouping of residential and business uses in the style of a downtown or main street in Town Center locations in the unincorporated area of Kenosha County. Such sites shall be consistent with an overall plan prepared for the selected “downtown area” and designated areas shall be served by a full range of urban services appropriate for an intense mixed-use shopping/customer service and dense residential area that allows retail/office uses on the ground floor and residential uses above. The uses intended for this District may provide a high level of public services including public sewer and water facilities and safety services such as police and fire protection within easy access, thus requiring review of plans and specifications to assure that adequate public services are provided to the range of businesses permitted. 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 ordinance (See Section 12.08.020).
Before designating the TCO- Town Center Overlay District area, an overall development plan shall be prepared designating the extent of the development and providing an overall development plan showing the location of businesses, traffic circulation and parking areas and other amenities (such as parks, arcades, and landscaping) and showing proposed building styles and architecture. Specific “Design Guidelines” shall be required to be prepared for each TCO Town Center Overlay District area. Said “Design Guidelines” shall be considered a part of the overall development plan for the TCO District. Said “Design Guidelines” shall be approved by the Kenosha Department of Planning and Development, and adopted as an Ordinance by the local unit of government in which the specific TCO District is located. Said “Design Guidelines” shall specifically address and set forth standards for: on-site landscaping, off-street parking landscaping, bufferyard landscaping, outdoor lighting, minimum lot areas, maximum residential density, loading and access requirements, architectural design standards including exterior building materials, outdoor display and outdoor sales requirements, and other areas of design concern of the local unit of government in which the TCO District is located.
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 subsection shall have the right to file a petition with the Kenosha County Department of Planning and Development pursuant to section 12.55 of this ordinance for a determination as to the similarity of the intended use with the principal and accessory uses listed below.
(b) Principal Uses.
1. Any principal use permitted in the B-1 Neighborhood Business District, B-2 Community Business District or B-3 Highway Business District.
(c) Accessory Uses.
1. Garages for the storage of vehicles used in conjunction with the operation of the business and/or residential tenants
2. Off-street parking and loading where possible
3. Residential quarters located in the same building as the business.
4. Small wind energy system
5. Solar energy system
(d) Conditional Uses (see also section 12.40.080).
1. Automotive body repair
2. Automotive sales, service and repairs including related towing
3. Car washes
4. Farmers and Crafters markets
5. Gasoline service stations
6. Marine sales and service
7. Multifamily Residential Development as provided for in the adopted overall development plan for the district.
8. Restaurants, bars or taverns with outdoor dining, entertainment or recreation (i.e. volleyball, horseshoes, etc.).
9. Utility substations
(e) Lot Area and Width.
1. Individual businesses served by public sanitary sewage facilities shall provide a minimum lot area as provided in the adopted overall development plan for the district.
2. Multifamily residential projects in the TCO- Town Center Overlay District shall not exceed 17 dwelling units per net acre for market housing or 22 units per acre for housing for the elderly.
(f) Building Height and Area.
1. No building or parts of building shall exceed 35 feet in height.
2. No maximum or minimum building area shall be required in the TCO Town Center Overlay District due to the variety of uses within the District and the diverse building demands of each user.
3. Multifamily units permitted in the TCO Town Center Overlay District shall provide a minimum of:
a. 500 square feet for an efficiency apartment.
b. 700 square feet per unit for a one-bedroom apartment.
c. 1,000 square feet per unit for a two bedroom or larger apartment.
(g) Yards.
1. Street yard – not less than 5 feet from the right-of-way of all Federal, State Trunk or County Trunk highways and all other roads. NOTE: The ground between the building and the right-of-way shall be hard surfaced for a pedestrian way or area.
2. Shore yard - not less than 75 feet from the ordinary high water mark of any navigable water.
3. Side yard – No side yard is required when the overall development plan provides for buildings to abut one another. When a side yard is provided, there shall be at least 15 feet between buildings.
4. Rear yard - not less than 25 feet.
(h) Authorized Sanitary Sewer Systems.
1. Public sanitary sewer [Code § 12.26-7.]