Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter (§ 250-34); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter, including § 250-127; and per any and all other applicable Village, county, state and federal regulations.

Land uses permitted as a conditional use:

Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in §§ 250-35 through 250-44 (detailed land use descriptions and regulations).

Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 250-44 (temporary land uses). (See also §§ 250-35 through 250-43.)

Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of this chapter pertaining to the types of uses to which land is put within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to and which are directly related to the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Density and intensity regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs), green space ratios (GSRs), and landscape surface ratios (LSRs), which are directly related to and are a critical component of density and intensity and the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Bulk regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way, and minimum separation between structures, which are directly related to and a critical component of the effective bulk of a structure and the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Natural resources and green space regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of this chapter pertaining to the protection of sensitive natural resources and required green space areas. Such regulations and requirements address issues such as absolute protection, partial protection, and migration, which are directly related to and a critical component of the protection of natural resources and the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Landscaping and bufferyard regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts and/or development options, which are directly related to and a critical component of the effective bulk of a structure and the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Performance standards and requirements. All development of land shall comply with all the regulations and requirements of this chapter pertaining to the provision of appropriate access, parking, loading, storage and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke, which are directly related to and a critical component of the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Signage regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article IX pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage, which are directly related to and a critical component of the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.

Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article X pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements and are directly related to and a critical component of the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs. At a minimum, all development shall be subject to the requirements of § 250-127.

Number of buildings per lot. In the RH and SR-2, SR-3, SR-4 Districts, only one principal building shall be permitted on any one lot. In the TR-6, MR-8, MR-10, NO, PO, NB, PB, GB, CB, PI, GI and HI Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with § 250-47.

Number of land uses per building.

Division or combining of a lot. No recorded lot shall be divided into two or more lots, and no two or more recorded lots shall be combined into one or more lots, unless such division or combination results in the creation of lots, each of which conforms to all of the applicable regulations of the zoning district in which said lot is located (as set forth in this chapter). (See also the Land Division Regulations.[1])

Conventional residential development.

(Reserved)

Institutional residential development. Description: This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents and dormitories (see § 250-38F). No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. (See Subsection F below.)

Mobile home residential development (subdivision). Description: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 250-36A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See Subsection F below.)

Mobile home park residential development (rental/condo park). Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 250-36A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See Subsection F below.)

Note regarding percentage of green space and maximum density yield: This estimate is provided as a general rule of thumb for the convenience of the users of this chapter. Such a yield is not to be considered as ensured by the provisions of this chapter.

Cultivation. Description: Cultivation land uses include all operations primarily oriented to the on-site outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off site.

Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 250-15) per acre. Apiaries are considered husbandry land uses.

Intensive agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 250-15) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

Agricultural service. Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 250-40F).

On-site agricultural retail. Description: On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off site shall not be permitted within on-site agricultural retail operations, and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers and bags) shall be produced off site.

Selective cutting. Description: Selective cutting land uses include any operation associated with the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting (see Subsection G below).

Clear cutting. Description: Clear cutting land uses include the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of § 250-139) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.

Passive outdoor public recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see Subsection B below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

Active outdoor public recreational. Description: Active outdoor public recreational land uses include all recreational land uses located on public property which involve active recreational activities. Such land uses include play courts (such as tennis courts and basketball courts), play fields (such as ball diamonds, football fields, and soccer fields), tot-lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, horse trails and similar land uses.

Indoor institutional. Description: Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gyms, swimming pools, libraries, museums and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, hospitals, jails, prisons and similar land uses.

Outdoor institutional. Description: Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, nonpublic golf courses, and similar land uses.

Public service and utilities. Description: Public service and utilities land uses include all Village, county, state and federal facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility- and public-service-related distribution facilities, and similar land uses.

Institutional residential. Description: Institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of § 62.23, Wis. Stats.

Community living arrangement (one to eight residents). Description: Community living arrangement land uses include all facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, and community-based residential facilities. Community living arrangements do not include day-care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity, as provided for in § 62.23(7)(i), Wis. Stats.

Community living arrangement (nine to 15 residents). Description: See Subsection G above.

Community living arrangement (16 or more residents). Description: See Subsection G above.

Office. Description: Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

Personal or professional service. Description: Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and related land uses.

Indoor sales or service. Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under "accessory uses" in the Table of Land Uses[1] (see § 250-43F). A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use. (See Subsection D below.) Artisan studios are regulated in § 250-39R.

Outdoor display. Description: Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales, and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see § 250-40 below). (Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 250-43F as "outdoor display incidental to indoor sales.")

Indoor maintenance service. Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use (see § 250-39Q).

Outdoor maintenance service. Description: Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all or any portion of their operations located outside of an enclosed building.

In-vehicle sales or service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services; see § 250-39Q). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations, all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land use shall be considered an accessory use (see § 250-43G).

Indoor commercial entertainment. Description: Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls.

Outdoor commercial entertainment. Description: Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include volleyball, horseshoe and related facilities associated with entertainment land uses, outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, and racetracks.

Commercial animal boarding. Description: Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.

Commercial indoor lodging. Description: Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and, therefore, require review as a separate land use.

Bed-and-breakfast establishment. Description: Bed-and-breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities and passive outdoor recreation facilities such as docks and gardens for the exclusive use of their customers.

Group day-care center (nine or more children). Description: Group day-care centers are land uses in which qualified persons provide child-care services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business or civic organization. In such instances, group day-care centers are not considered as accessory uses and. therefore. require review as separate land uses.

Campground. Description: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

Boardinghouse. Description: Boardinghomes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities).

Adult-oriented land uses. (Note: The incorporation of this subsection into this chapter is designed to reflect the Village Board's official finding that adult-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other similar jurisdictions. Specifically, the Village Board is concerned with the potential for such uses to limit the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this subsection to suppress free expression by unreasonably limiting alternative avenues of communication but rather to balance the need to protect free expression opportunities with the need to implement the Village's Comprehensive Master Plan and protect the character and integrity of its commercial and residential neighborhoods.)

Vehicle repair and maintenance service. Description: Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building.

Artisan studios. Description: A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans.

Indoor storage or wholesaling.

Outdoor storage or wholesaling. Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. Such a land use in which any activity beyond loading and parking is located outdoors is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumberyards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see Subsection D).

Personal storage facility. Description: Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis; also known as "mini warehouses."

Junkyard or salvage yard. Description: Junkyard or salvage yard facilities are any land or structure used for a salvaging operation, including but not limited to the aboveground outdoor storage and/or sale of wastepaper, rags, scrap metal, and any other discarded materials intended for sale or recycling and/or the collection, dismantlement, storage or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

Waste disposal facility. Description: Waste disposal facilities are any areas used for the disposal of solid wastes, including those defined by Wis. Stats. 144.01(15)[1] but not including composting operations (see Subsection F below).

Composting operation. Description: Composting operations are any land uses devoted to the collection, storage, processing and/or disposal of vegetation.

Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also § 250-87 for additional parking regulations.

Airport/heliport. Description: Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport.

Freight terminal. Description: Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s), which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring transshipment.

Distribution center. Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 250-43H below.

Light industrial land use. Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; 3) do not pose a significant safety hazard (such as danger of explosion); and 4) comply with all of the performance standards listed for potential nuisances in Article VIII. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of § 250-43H below are complied with.

Heavy industrial land use. Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article VIII. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.

Communication tower. Description: Communication towers include all freestanding broadcasting, receiving or relay structures and similar principal land uses, and any office, studio or other land uses directly related to the function of the tower.

Extraction use. Description: Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat or other material in excess of that required for approved on-site development or agricultural activities.

Commercial apartment.

Farm residence. Description: A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 250-37 above.

Detached residential garage, carport, utility shed, or play structures.

Company cafeteria. Description: A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements and is located on the same property as a principal land use engaged in an operation other than food service.

Company-provided on-site recreation.

Outdoor display incidental to indoor sales and service (more than 12 days).

In-vehicle sales and services incidental to on-site principal land use.

Indoor sales incidental to storage or light industrial land use.

Light industrial activities incidental to indoor sales or service land use.

Home occupation.

Family day-care home (four to eight children). Description: Family day-care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter.

Intermediate day-care home (nine to 15 children). Description: Intermediate day-care homes are occupied residences in which a qualified person or persons provide child care for nine to 15 children.

Migrant labor camp.

On-site parking lot.

Private residential recreational facility.

Private residential kennel:

Private residential stable.

Drainage structure.

Filling.

Lawn care. Description: Lawn care includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with the Village of Johnson Creek Code. Lawn care is not permitted in certain permanently protected green space areas, see § 250-71.

Individual septic disposal system.

Exterior communication devices (e.g., satellite dishes, ham radio towers, TV antennas).

Caretaker's residence.

General temporary outdoor sales.

Outdoor assembly.

Contractor's project office.

Contractor's on-site equipment storage facility.

Relocatable building.

On-site real estate sales office.

Seasonal outdoor sales of farm products.

Outdoor sales of motor vehicles.

Cultivation: permitted as a conditional use (permanently protected green space areas outside a natural resource protection overlay zoning district). Permitted only if designated on the submitted site plan and/or the recorded plat or certified survey as an "area which may be used for cultivation."

Passive outdoor public recreational area: permitted by right (all permanently protected green space areas).

Active outdoor public recreational area.

Outdoor institutional.

Lawn care.

Golf course.

Any permitted temporary use: permitted by right (permanently protected green space areas outside a natural resource protection overlay zoning district). Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state or shall be considered in violation of the provisions of this chapter (§ 250-125).

Drainage structure: permitted as a conditional use (all permanently protected green space areas).

Filling: permitted as a conditional use (all permanently protected green space areas).

Individual septic disposal system: permitted as a conditional use (permanently protected green space areas outside a natural resource protection overlay zoning district). Shall not locate closer than 30 feet to any other permanently protected natural resource area.

Road and/or bridge: permitted as a conditional use (all permanently protected green space areas).

Utility lines and related facilities: permitted as a conditional use (all permanently protected green space areas).

Piers and wharfs: permitted as a conditional use (all permanently protected green space areas). A site plan shall be required per § 250-127 for construction, erection, placement or extension of a pier or wharf, with specific information provided regarding its location in relation to the shoreline and abutting riparian property lines and regarding dimensions and building materials.

Protection of existing significant trees: permitted as a conditional use (all permanently protected green space areas).

Definition. A nonconforming use is an active and actual use of land or structures, or both, legally established prior to the effective date of this chapter or subsequent applicable amendment thereto, which has continued the same use to the present, and which would not be permitted under the current terms of this chapter.

Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this section. Any legal use under the previous zoning ordinance which is made nonconforming by this chapter may apply for a conditional use permit (per § 250-124) to be granted legal conforming status. Any legal use under the previous zoning map which is made nonconforming by a change to the Official Zoning Map may apply for a zoning map amendment (per § 250-122) to an appropriate zoning district to be granted legal conforming use status.

Modification of a nonconforming use.

Discontinuance of a nonconforming use. When any nonconforming use of any structure or land is discontinued for a period of 12 months or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

Maintenance of a nonconforming use. The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter. In no instance shall said repairs exceed, over the life of the structure, 50% of the present equalized assessed value of said structure or property prior to said repairs.

Reconstruction of two-family dwellings in areas formerly zoned R-2. A legal, nonconforming two-family structure which is destroyed by fire, tornado or other disaster may apply for consideration as a conditional use to be reconstructed so as not to expand the floor area nor footprint of the structure, if said structure is located in an area which was zoned to permit two-family dwellings on the day preceding the effective date of the ordinance.

Nonconforming lots, structures and buildings. See §§ 250-34 and 250-62.

Definition.

Permitted by right: not applicable.

Conditional use regulations. Any land use that is permitted as a permitted by right land use or as a conditional land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this subsection that pertain to individual land uses shall also apply to individual land uses within a group development, as will all other applicable provisions of this chapter. Therefore, land uses permitted by right in the zoning district shall be permitted by right within an approved group development (unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development as a whole), and land uses permitted as a conditional use in the zoning district shall be permitted within the group development only with conditional use approval for the specific use. In all cases, the following conditional use conditions shall be applied to the group development as a whole and to individual uses within the group development:

Discrimination against condominium forms of ownership. It is not the intent of this section nor any other provision of this chapter to discriminate against condominium forms of ownership in any manner which conflicts with § 703.27, Wis. Stats. As such, the provisions of this section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development.