For the purpose of this chapter, provision is made for the division of the village into the following basic zoning districts:

(Code 1998, § 106-146; Ord. No. 97-11, § 13-1-20, 11-3-1997; Ord. No. 10-10, §1, 8-16-2010)

(a)

Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same zoning district as the abutting side to which the vacated land reverts.

(b)

Annexations. Annexations to or consolidations with the village subsequent to the effective date of the ordinance from which this chapter derived shall be placed in the A-1 Agricultural/Holding District, unless the annexation ordinance places the land in another district.

(Code 1998, § 106-147; Ord. No. 97-11, § 13-1-21, 11-3-1997)

(a)

The village is divided into zoning districts as shown upon a map designated as the official zoning map of the village and made a part of this chapter. The official zoning map dated November 5, 2010, and all of the notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by such map were fully described in this section. The official zoning map shall be properly attested and kept on file along with the text of the official zoning regulations in the office of the zoning administrator.

(b)

The district boundaries shall be determined by measurement from and as shown on the official zoning map, and if any question occurs as to the interpretation of such boundary lines, the plan commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section or sixteenth section lines; or the centerlines of streets, highways, railways or alleys.

(Code 1998, § 106-148; Ord. No. 97-11, § 13-1-22, 11-3-1997; Ord. No. 99-22, § 1, 12-6-1999; Ord. No. 10-10, § 4, 8-16-2010)

(a)

The purposes of the A-1E Exclusive Agriculture District are to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs; maintain a viable agricultural base to support agricultural processing and service industries; prevent conflicts between incompatible uses; reduce costs for providing service to scattered nonfarm uses; pace and shape urban growth; implement the provisions of the county agricultural plan when adopted and periodically revised; and comply with the provisions of the farmland preservation law to permit eligible landowners to receive tax credits under Wis. Stats. § 71.09(11).

(b)

The A-1E district is generally intended to apply to lands in productive farm operations including lands historically exhibiting good crop yields or capable of such yields; lands that have been demonstrated to be productive for dairying, livestock raising, and grazing; other lands that are integral parts of such farm operations; land used for the production of specialty crops such as mint, sod, fruits and vegetables; and lands that are capable of productive use through economically feasible improvements such as irrigation.

(Code 1998, § 106-176; Ord. No. 97-11, § 13-1-23(a), 11-3-1997)

Permitted uses and structures in the A-1E Exclusive Agriculture District are as follows:

(1)

Apiculture;

(2)

Dairying;

(3)

Floriculture;

(4)

Forestry;

(5)

General farming;

(6)

Grazing;

(7)

Greenhouses;

(8)

Hatcheries;

(9)

Horticulture;

(10)

Livestock raising;

(11)

Nurseries;

(12)

Orchards;

(13)

Paddocks;

(14)

Pasturage;

(15)

Poultry raising;

(16)

Stables;

(17)

Truck farming;

(18)

Viticulture;

(19)

Utility services and small-scale electric generating stations not requiring approval under Wis. Stats. § 196.941;

(20)

Structures and improvements consistent with agricultural uses;

(21)

Residence for farm owner/operator. Substantial income must be derived from the farm operation;

(22)

Secondary farm residences that are occupied by a person who, or a family at least one member of which, earns a substantial part of such member's livelihood from farm operations on the farm;

(23)

Rental of existing or secondary residences no longer utilized in the operation of the farm;

(24)

Day care for not more than eight children;

(25)

The seasonal storage of recreational equipment and motor vehicles owned by private individuals other than those residing on the premises, such storage to be in existing accessory farm buildings. The storage of a dealer's inventory or the construction of any new buildings for storage shall be considered a commercial use and subject to the commercial zoning provisions of this chapter.

(Code 1998, § 106-177; Ord. No. 97-11, § 13-1-23(b), 11-3-1997)

Conditional uses in the A-1E Exclusive Agriculture District are as follows:

(1)

Single-family dwellings occupied by parents or children of the farm operator, and including dependency living arrangements;

(2)

Golf courses;

(3)

Governmental uses;

(4)

Communications transmitting towers, receiving towers, relay or microwave towers;

(5)

Utilities facilities and substations;

(6)

Agricultural buildings and high density animal enclosures within 300 feet of any residential district. High density shall be defined as such concentrations of animals that will not allow usual plant (sod) growth in a fenced area;

(7)

Roadside produce stands, where such produce is produced on the farm premises;

(8)

Home occupations as defined in section 133-943.

(Code 1998, § 106-178; Ord. No. 97-11, § 13-1-23(c), 11-3-1997)

Height and area requirements in the A-1E Exclusive Agriculture District are as follows:

(1)

Maximum building height. The maximum building height for the principal residential building shall be 35 feet; for a detached nonagricultural accessory building, the height shall be 15 feet. Detached agricultural accessory buildings or structures do not have a height limitation;

(2)

Minimum lot area. The minimum lot area shall be 35 acres;

(3)

Minimum lot width. The minimum lot width shall be 150 feet;

(4)

Setbacks. Setbacks shall be as follows:

a.

Front yard setback, 40 feet;

b.

Rear yard setback, principal building, 100 feet;

c.

Side yard setback, principal building, 100 feet;

d.

Side and rear yard, accessory building, three feet on each side.

(Code 1998, § 106-179; Ord. No. 97-11, § 13-1-23(d), 11-3-1997)

The A-1 Agricultural/Holding District is intended to provide a district for the continuation of general farming and related uses in those areas of the village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

(Code 1998, § 106-206; Ord. No. 97-11, § 13-1-24(a), 11-3-1997)

Permitted uses in the A-1 Agricultural/Holding District are general farming, including agriculture, floriculture, forestry, grazing, hay, orchards, truck farming and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards and feedlots shall be located at least 100 feet from any navigable water or district boundary.

(Code 1998, § 106-207; Ord. No. 97-11, § 13-1-24(b), 11-3-1997)

Permitted accessory uses in the A-1 Agricultural/Holding District are as follows:

(1)

Attached or detached private garages and carports accessory to permitted uses;

(2)

General farm buildings including barns, silos, sheds, storage bins and including not more than one in-season roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(Code 1998, § 106-208; Ord. No. 97-11, § 13-1-24(c), 11-3-1997)

Conditional uses in the A-1 Agricultural/Holding District are as follows:

(1)

Airports, airstrips and landing fields provided that the site is not less than 20 acres;

(2)

Commercial feedlots, livestock sales facilities and fur farms;

(3)

Drive-in establishments selling fruits and vegetables throughout the year;

(4)

Bed and breakfast establishments;

(5)

Housing for farm laborers and seasonal or migratory farm workers;

(6)

Communications transmitting towers, receiving towers, relay or microwave towers;

(7)

Utilities facilities and substations;

(8)

Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 100 feet to a property boundary;

(9)

Home occupations pursuant to section 133-943;

(10)

Dog kennels;

(11)

Golf courses;

(12)

Churches or other places of indoor religious assembly;

(13)

Non-metallic mining, subject to village review and approval pursuant to chapter 26, article IV, if applicable;

(14)

Landscape and nursery products, with no outside storage except for plant materials and nursery stock;

(15)

Building and construction contractors, provided all supplies and equipment are stored indoors.

(Code 1998, § 106-209; Ord. No. 97-11, § 13-1-24(d), 11-3-1997; Ord. No. 99-10, § 4, 6-21-1999; Ord. No. 10-14, § 1, 12-20-2010)

Height and area requirements in the A-1 Agricultural/Holding District are as follows:

(1)

Maximum building height. The maximum building height of the principal residential building shall be 35 feet; for a detached nonagricultural accessory building, the height shall be 15 feet. Detached agricultural accessory buildings or structures do not have a height limitation;

(2)

Minimum lot area. The minimum lot area shall be five acres;

(3)

Minimum lot width. The minimum lot width shall be 150 feet;

(4)

Setbacks. Setbacks shall be as follows:

a.

Front yard setback, 35 feet;

b.

Rear yard setback, principal building, 25 feet;

c.

Side yard, principal building, nine feet on each side;

d.

Side and rear yard, accessory building, three feet on each side.

(Code 1998, § 106-210; Ord. No. 97-11, § 13-1-24(e), 11-3-1997)

The R-1 Single-Family Residential District is intended to provide a district for low-density single-family residential development and to restrict the development of uses that generate high volumes of noise and traffic. The R-1 district is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and intrusion of incompatible land uses. This district is particularly well-suited for newly platted lots.

(Code 1998, § 106-241; Ord. No. 97-11, § 13-1-25(a), 11-3-1997)

Permitted uses in the R-1 Single-Family Residential District are as follows:

(1)

Single-family detached dwellings, including dependency living arrangements;

(2)

Community living arrangements serving eight or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility;

(3)

Family day care home, unlicensed, as permitted by law, or licensed up to eight children at any one time, with no employees.

(Code 1998, § 106-242; Ord. No. 97-11, § 13-1-25(b), 11-3-1997)

Conditional uses in the R-1 Single-Family Residential District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Boardinghouses;

(4)

Cemeteries;

(5)

Churches or other places of indoor religious assembly;

(6)

Community living arrangement facilities serving eight or fewer persons and which are located closer than 2,500 feet from the nearest community living arrangement facility;

(7)

Farms;

(8)

Golf courses;

(9)

Landscape nursery or orchard, provided no office or store is maintained on the premises;

(10)

Single-family attached dwellings;

(11)

Bed and breakfast establishments;

(12)

Home occupations pursuant to section 133-943;

(13)

One airplane hangar when the property adjoins an airport and has direct access to a runway.

(Code 1998, § 106-243; Ord. No. 97-11, § 13-1-25(c), 11-3-1997)

Permitted accessory buildings and uses in the R-1 Single-Family Residential District, subject to section 133-11(2), are as follows:

(1)

One private garage;

(2)

One detached accessory building;

(3)

Any of the following accessory uses:

a.

One private swimming pool;

b.

One private tennis court;

c.

One children's play structure;

d.

One detached satellite antenna/dish;

e.

One detached solar structure.

(4)

One accessory dwelling unit.

a.

A detached accessory dwelling unit counts toward the allowable number of detached accessory buildings.

(Code 1998, § 106-244; Ord. No. 97-11, § 13-1-25(d), 11-3-1997; Ord. No. 98-15, § 2, 11-2-1998; Ord. No. 24-4, § 3, 5-6-2024)

Height and area requirements in the R-1 Single-Family Residential District are as follows:

(1)

Maximum building height. The maximum building height of the principal building shall be 35 feet; for a detached accessory building, the height shall be 15 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, principal building, 20 feet;

c.

Side yard, principal building, six feet on each side; 12 feet total;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area per dwelling unit shall be 9,500 square feet.

(4)

Minimum lot width. The minimum lot width shall be 90 feet.

(5)

Minimum floor area. The minimum floor area per dwelling unit shall be 1,200 square feet.

(Code 1998, § 106-245; Ord. No. 97-11, § 13-1-25(e), 11-3-1997)

The R-2 Single-Family Residential District is intended to provide a district for residential development for single-family homes similar in character to the R-1 district but of higher density and permitting small lots and smaller homes. This district may be used for zoning older areas of the village.

(Code 1998, § 106-276; Ord. No. 97-11, § 13-1-26(a), 11-3-1997)

Permitted uses in the R-2 Single-Family Residential District are as follows:

(1)

Single-family detached dwellings, including dependency living arrangements;

(2)

Community living arrangements serving eight or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility;

(3)

Family day care homes, unlicensed, as permitted by law, or licensed up to eight children at any one time, with no employees.

(Code 1998, § 106-277; Ord. No. 97-11, § 13-1-26(b), 11-3-1997)

Conditional uses in the R-2 Single-Family Residential District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Cemeteries;

(4)

Boardinghouses;

(5)

Churches or other places of indoor religious assembly;

(6)

Community living arrangement facilities serving eight or fewer persons and which are located closer than 2,500 feet from the nearest community living arrangement facility;

(7)

Farms;

(8)

Golf courses;

(9)

Landscape nurseries or orchards, provided no office or store is maintained on the premises;

(10)

Single-family attached dwellings;

(11)

Bed and breakfast establishments;

(12)

Home occupations pursuant to section 133-943;

(13)

One satellite antenna/dish.

(Code 1998, § 106-278; Ord. No. 97-11, § 13-1-26(c), 11-3-1997)

Permitted accessory buildings and uses in the R-2 Single-Family Residential District, subject to section 133-11(2), are as follows:

(1)

One private garage;

(2)

One detached accessory building;

(3)

Any of the following accessory uses:

a.

One private swimming pool;

b.

One private tennis court;

c.

One children's play structure;

d.

One detached satellite antenna/dish;

e.

One detached solar structure.

(4)

One accessory dwelling unit.

a.

A detached accessory dwelling unit counts toward the allowable number of detached accessory buildings.

(Code 1998, § 106-279; Ord. No. 97-11, § 13-1-26(d), 11-3-1997; Ord. No. 98-15, § 3, 11-2-1998; Ord. No. 24-4, § 4, 5-6-2024)

Height and area requirements in the R-2 Single-Family Residential District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 35 feet; for a detached accessory building, the height shall be 15 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, principal building, 20 feet;

c.

Side yard, principal building, six feet on each side; 12 feet total;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area per dwelling unit shall be 8,500 square feet.

(4)

Minimum lot width. The minimum lot width shall be 70 feet.

(Code 1998, § 106-280; Ord. No. 97-11, § 13-1-26(e), 11-3-1997)

The purpose of the R-3 Two-Family Residential District is to provide a district for low-density development containing single-family and two-family dwelling units. It is also intended that uses generating noise and high traffic volumes be restricted.

(Code 1998, § 106-311; Ord. No. 97-11, § 13-1-27(a), 11-3-1997)

Permitted uses in the R-3 Two-Family Residential District are as follows:

(1)

Single-family detached dwellings, including dependency living arrangements;

(2)

Two-family dwelling units;

(3)

Community living arrangements serving eight or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility;

(4)

Family day care homes.

(Code 1998, § 106-312; Ord. No. 97-11, § 13-1-27(b), 11-3-1997)

Conditional uses in the R-3 Two-Family Residential District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Cemetery;

(4)

Boardinghouses;

(5)

Churches or other places of indoor religious assembly;

(6)

Community living arrangement facilities serving eight or fewer persons and which are located closer than 2,500 feet from the nearest community living arrangement facility;

(7)

Day care center/preschool, provided that the maximum capacity per building shall not exceed 20, and in addition to other conditions that may be stipulated upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences and play areas;

(8)

Farm;

(9)

Golf course;

(10)

Landscape nursery or orchard, provided no office or store is maintained on premises;

(11)

Home occupations pursuant to section 133-943;

(12)

One satellite antenna/dish.

(Code 1998, § 106-313; Ord. No. 97-11, § 13-1-27(c), 11-3-1997)

Permitted accessory buildings and uses in the R-3 Two-Family Residential District, subject to section 133-11(2), are as follows:

(1)

One private garage;

(2)

One detached accessory building;

(3)

Any of the following accessory uses:

a.

One private swimming pool;

b.

One private tennis court;

c.

One children's play structure;

d.

One detached satellite antenna/dish;

e.

One detached solar structure.

(4)

One accessory dwelling unit.

a.

A detached accessory dwelling unit counts toward the allowable number of detached accessory buildings.

(Code 1998, § 106-314; Ord. No. 97-11, § 13-1-27(d), 11-3-1997; Ord. No. 98-15, § 4, 11-2-1998; Ord. No. 24-4, § 5, 5-6-2024)

Height and area requirements in the R-3 Two-Family Residential District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 35 feet; for a detached accessory building, the height shall be 15 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, principal building, 20 feet;

c.

Side yard, principal building, six feet on each side; 12 feet total;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area per dwelling unit shall be 6,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 80 feet.

(Code 1998, § 106-315; Ord. No. 97-11, § 13-1-27(e), 11-3-1997)

The purpose of the R-3D Downtown Residential District is to provide a district for low-density development containing single-family dwelling units and, as conditional uses, two-family dwelling units. It is also intended that uses generating noise and high traffic volumes be restricted.

(Code 1998, § 106-331; Ord. No. 10-10, § 2, 8-16-2010)

Permitted uses in the R-3D Downtown Residential District are as follows:

(1)

Single-family detached dwellings, including dependency living arrangements;

(2)

Community living arrangements serving eight or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility;

(3)

Family day care homes.

(Code 1998, § 106-332; Ord. No. 10-10, § 2, 8-16-2010)

Conditional uses in the R-3D Downtown Residential District are as follows:

(1)

Two-family dwelling units;

(2)

Communications transmitting towers, receiving towers, relay or microwave towers;

(3)

Utilities facilities and substations;

(4)

Cemetery;

(5)

Boardinghouses;

(6)

Churches or other places of indoor religious assembly;

(7)

Community living arrangement facilities serving eight or fewer persons and which are located closer than 2,500 feet from the nearest community living arrangement facility;

(8)

Day care center/preschool, provided that the maximum capacity per building shall not exceed 20, and in addition to other conditions that may be stipulated upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences and play areas;

(9)

Farm;

(10)

Golf course;

(11)

Landscape nursery or orchard, provided no office or store is maintained on premises;

(12)

Home occupations pursuant to section 133-943;

(13)

One satellite antenna/dish.

(Code 1998, § 106-333; Ord. No. 10-10, § 2, 8-16-2010)

Permitted accessory buildings and uses in the R-3D Downtown Residential District, subject to subsection 133-11(2), are as follows:

(1)

One private garage;

(2)

One detached accessory building;

(3)

Any of the following accessory uses:

a.

One private swimming pool;

b.

One private tennis court;

c.

One children's play structure;

d.

One detached satellite antenna/dish;

e.

One detached solar structure.

(4)

One accessory dwelling unit.

a.

A detached accessory dwelling unit counts toward the allowable number of detached accessory buildings.

(Code 1998, § 106-334; Ord. No. 10-10, § 2, 8-16-2010; Ord. No. 24-4, § 6, 5-6-2024)

Height and area requirements in the R-3D Downtown Residential District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 35 feet; for a detached accessory building, the height shall be 15 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, principal building, 20 feet;

c.

Side yard, principal building, six feet on each side; 12 feet total;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area per dwelling unit shall be 6,000 square feet.

(4)

Minimum lot width. The minimum width shall be 80 feet.

(Code 1998, § 106-335; Ord. No. 10-10, § 2, 8-16-2010)

The purpose of the R-4 Limited Multifamily Residential District is to provide a district for multifamily residences in buildings with no more than eight dwelling units. Such areas are generally located on the fringes of one-family and two-family residential neighborhoods. Uses that generate high volumes of traffic, noise and other disruptions are generally restricted.

(Code 1998, § 106-346; Ord. No. 97-11, § 13-1-28(a), 11-3-1997)

Permitted uses in the R-4 Limited Multifamily Residential District are as follows:

(1)

Multifamily dwellings not to exceed more than eight units in size;

(2)

Community living arrangement serving 15 or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility.

(Code 1998, § 106-347; Ord. No. 97-11, § 13-1-28(b), 11-3-1997)

Conditional uses in the R-4 Limited Multifamily Residential District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Boardinghouses;

(4)

Churches or other places of indoor religious assembly;

(5)

Community living arrangement facilities serving more than 15 persons or other community living arrangements which are located closer than 2,500 feet from the nearest community living arrangement;

(6)

Day care center/preschool, provided that, in addition to other conditions that may be stipulated upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences and play areas;

(7)

Hospitals;

(8)

One satellite antenna/dish;

(9)

Efficiency apartments.

(Code 1998, § 106-348; Ord. No. 97-11, § 13-1-28(c), 11-3-1997)

Permitted accessory buildings and uses in the R-4 Limited Multifamily Residential District, subject to section 133-11(2), are as follows:

(1)

One private garage;

(2)

One accessory building;

(3)

Any of the following accessory uses:

a.

One private swimming pool;

b.

One private tennis court;

c.

One children's play structure;

d.

One detached satellite antenna/dish;

e.

One detached solar structure.

(Code 1998, § 106-349; Ord. No. 97-11, § 13-1-28(d), 11-3-1997; Ord. No. 98-15, § 5, 11-2-1998)

Height and area requirements in the R-4 Limited Multifamily Residential District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 45 feet; for a detached accessory building, the height shall be 20 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard setback, 30 feet;

b.

Rear yard setback, 40 feet;

c.

Side yards, principal building, shall be as follows:

1.

Twelve feet on each side for a building 20 feet or under in height;

2.

Eighteen feet on each side for a building over 20 feet and less than 35 feet in height;

3.

Thirty feet on each side for a building 35 feet or over in height;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area shall be 8,000 square feet:

a.

First unit, 4,000 square feet;

b.

Each additional one-bedroom unit, 1,000 square feet;

c.

Each additional two-bedroom unit, 2,000 square feet;

d.

Each additional three-bedroom unit, 3,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 80 feet.

(5)

Minimum separation distance. On lots with more than one building, there shall be a minimum separation distance between buildings equal to the sum of the required side yards for each building.

(6)

Minimum green area. Minimum green area shall be 40 percent.

(Code 1998, § 106-350; Ord. No. 97-11, § 13-1-28(e), 11-3-1997)

The purpose of the R-5 Multifamily Residential District is to provide a district for high-density residential development that is readily accessible to thoroughfares, shopping and employment. The R-5 district is intended to provide a multifamily residential area that is pleasant but that allows buildings with over eight dwelling units.

(Code 1998, § 106-381; Ord. No. 97-11, § 13-1-29(a), 11-3-1997)

Permitted uses in the R-5 Multifamily Residential District are as follows:

(1)

Multifamily dwellings;

(2)

Charitable institutions and private, nonprofit clubs and lodges;

(3)

Community living arrangement facilities serving 15 or fewer persons and which are located at least 2,500 feet from the nearest community living arrangement facility.

(Code 1998, § 106-382; Ord. No. 97-11, § 13-1-29(b), 11-3-1997)

Conditional uses in the R-5 Multifamily Residential District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Boardinghouses;

(4)

Churches or other places of indoor religious assembly;

(5)

Community living arrangement facilities serving more than 15 persons or other community living arrangements which are located closer than 2,500 feet from the nearest community living arrangement;

(6)

Day care centers/preschools, provided that, in addition to other conditions that may be stipulated upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences, and play areas;

(7)

Hospitals;

(8)

Efficiency apartments;

(9)

Nursing homes and assisted living centers;

(10)

One accessory building per lot, provided it must be at least 75 feet away from the front lot line and 30 feet away from the side lot lines and provided that there must be at least 2,000 square feet of lot area for each vehicle stored;

(11)

Buildings taller than the maximum height permitted in section 133-376. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-376 is subject to the following standards:

a.

The height of the building shall not exceed 55 feet, which 55 feet is an absolute cap on the height of the building that cannot be exceeded for any reason, including, but not limited to, the exceptions set forth in section 133-13.

b.

All part(s) of the building that are above 45 feet in height shall be set back a minimum of 30 feet from any road right-of-way.

c.

The total surface square footage of the part(s) of the building that is above 45 feet cannot exceed 25 percent of the total square footage of the first floor of the building.

d.

The part(s) of the building that are above 45 feet in height shall be used only for purposes that are accessory to the primary use(s) of the building.

(Code 1998, § 106-383; Ord. No. 97-11, § 13-1-29(c), 11-3-1997; Ord. No. 18-19, § 1, 10-15-2018)

Permitted accessory buildings and uses in the R-5 Multifamily Residential District, subject to section 133-11(2), are as follows:

(1)

One private swimming pool;

(2)

One private tennis court;

(3)

One children's play structure;

(4)

One detached satellite antenna/dish;

(5)

One detached solar structure.

(Code 1998, § 106-384; Ord. No. 97-11, § 13-1-29(d), 11-3-1997; Ord. No. 98-15, § 6, 11-2-1998)

Height and area requirements in the R-5 Multifamily Residential District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 30 feet;

b.

Rear yard, principal building, 40 feet;

c.

Side yards, principal building, shall be:

1.

Twelve feet on each side for a building 20 feet or under in height;

2.

Eighteen feet on each side for a building over 20 feet and less than 35 feet in height;

3.

Thirty feet on each side for a building 35 feet or over in height;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area shall be 8,000 square feet.

a.

First unit, 4,000 square feet;

b.

Each additional one-bedroom unit, 1,000 square feet;

c.

Each additional two-bedroom unit, 2,000 square feet;

d.

Each additional three-bedroom unit, 3,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 80 feet.

(5)

Minimum separation distance. On lots with more than one building, there shall be a minimum separation distance between buildings equal to the sum of the required side yards for each building;

(6)

Minimum green area. The minimum green area shall be 30 percent.

(Code 1998, § 106-385; Ord. No. 97-11, § 13-1-29(e), 11-3-1997; Ord. No. 18-19, § 2, 10-15-2018)

The O-1 Limited Office-Residence District is established to allow professional and business office uses that are highly compatible with residential uses to locate adjacent to residentially zoned properties and is intended to promote more efficient transportation patterns, decrease motor vehicle traffic, and provide neighborhoods with convenient access to services provided by professional and business offices. O-1 districts are intended to be dispersed zones of 0.5 to 2.5 acres total size that support small clusters of business and professional office uses and are located only in neighborhoods where other properties that may be utilized for professional or business offices are not easily accessed.

(Code 1998, § 106-416; Ord. No. 97-11, § 13-1-30(a), 11-3-1997)

In order to promote the health, safety and general welfare of the residents of the village through appropriate land use patterns, reclassification of parcels to an O-1 designation shall be limited to, those parcels that are consistent with the intent and meet the requirements of the O-1 Limited Office-Residence District and general purposes of zoning and whose boundary line, unless adjacent to a zoning district that allows business and professional office uses, is not less than five-tenths mile from a boundary line of a nonresidential district that allows business and professional office uses.

(Code 1998, § 106-417; Ord. No. 97-11, § 13-1-30(b), 11-3-1997)

All uses in the O-1 Limited Office-Residence District are subject to the following conditions:

(1)

Restricted uses.

a.

Principal O-1 district uses shall be limited to professional and business office uses that are reasonably likely to provide regular service to the neighborhood in which it is located;

b.

An authorized O-1 district use may utilize motor vehicles in the conduct of its business or service so long as the majority of the substantive work or labor is conducted at the O-1 site;

c.

All business and servicing, except for temporary off-street parking and off-street loading, shall be conducted within completely enclosed buildings;

(2)

Size of permitted vehicles. All motor vehicles used in the conduct of a permitted or conditional use listed under this division shall have a licensed gross vehicle weight capacity not greater than 8,000 pounds;

(3)

Parking. All motor vehicles, other than automobiles, used in the conduct of a permitted or conditional use listed under this division shall be parked in a completely enclosed building when such parking is for a period greater than one hour. Parking areas shall be fully screened from abutting residentially zoned properties and shall be separated from abutting residentially zoned properties by a green space buffer equal to or greater than ten feet;

(4)

Signs. All illuminated, neon or flashing signs of any type are prohibited. All sign materials and finishes shall be compatible with residential properties. All signs shall be equal to or less than 30 square feet. Detached signs shall be less than eight feet in height;

(5)

Accessory buildings. Detached accessory buildings of any size are prohibited in the O-1 district.

(Code 1998, § 106-418; Ord. No. 97-11, § 13-1-30(c), 11-3-1997)

The following uses are allowed as permitted uses in the O-1 Limited Office-Residence District:

(1)

Legal services;

(2)

Investment counseling services;

(3)

Residential real estate sales and management services;

(4)

Direct medical, dental or optical patient care services;

(5)

Insurance services;

(6)

Tax and accounting services;

(7)

Financial services, excluding drive-in banking, check cashing and similar services;

(8)

Accessory uses customary with and incidental to an authorized principal use;

(9)

Other professional and business office uses that are not enumerated but are closely similar thereto, as determined in part by the intent of the O-1 district, provided that they are not specified elsewhere in this chapter as requiring a special or conditional use permit.

(Code 1998, § 106-419; Ord. No. 97-11, § 13-1-30(d), 11-3-1997)

The following are allowed as conditional uses in the O-1 Limited Office-Residence District, subject to review under article V of this chapter:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utilities facilities and substations;

(3)

Family counseling services.

(Code 1998, § 106-420; Ord. No. 97-11, § 13-1-30(e), 11-3-1997)

Height and area requirements for the O-1 Limited Office-Residence District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 35 feet; for a detached accessory building, the height shall be 15 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, 35 feet;

c.

Side yard shall be as follows:

1.

Twelve feet on each side for a building 20 feet or under in height;

2.

Eighteen feet on each side for a building over 20 feet and less than 35 feet in height;

3.

Thirty feet on each side for a building 35 feet or over in height.

(3)

Minimum lot area. The minimum lot area shall be 10,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 80 feet.

(5)

Maximum gross floor area. The maximum gross floor area per principal building shall be 8,500 square feet.

(6)

Maximum floor area ratio. The maximum floor area ratio shall be 0.30.

(7)

Minimum separation. On lots with more than one principal building, buildings shall be separated by a minimum separation distance equal to the sum of the required side yard for each building.

(Code 1998, § 106-421; Ord. No. 97-11, § 13-1-30(f), 11-3-1997)

The O-2 Business and Professional Office District is established to provide for the development of business and professional office areas that will be open to or visited by the general public for the purpose of receiving or disbursing goods and services and shall serve as a transition district between residential and commercial land uses.

(Code 1998, § 106-451; Ord. No. 97-11, § 13-1-31(a), 11-3-1997)

All uses in the O-2 Business and Professional Office District are subject to the following conditions:

(1)

Restricted uses. All business and servicing, except for temporary off-street parking and off-street loading, shall be conducted within completely enclosed buildings;

(2)

Parking. All parking of trucks used in the conduct of a permitted or conditional use listed under this division shall be within a completely enclosed building when such parking is for a period greater than one hour and such parking is within 150 feet of a residence district boundary line. Parking areas shall be fully screened from abutting residentially zoned properties and shall be separated from abutting residentially zoned properties by a green space buffer of at least ten feet;

(3)

Accessory buildings. Any building greater than 750 square feet shall be considered a principal building.

(Code 1998, § 106-452; Ord. No. 97-11, § 13-1-31(b), 11-3-1997)

The following uses are allowed as permitted uses in the O-2 Business and Professional Office District:

(1)

Any use allowed as a permitted use in the O-1 district;

(2)

Other professional and business office uses, provided that they are not specified elsewhere in this chapter as requiring a special or conditional use permit.

(Code 1998, § 106-453; Ord. No. 97-11, § 13-1-31(c), 11-3-1997)

The following are allowed as conditional uses in the O-2 Business and Professional Office District subject to review under article V of this chapter:

(1)

Any use allowed as a conditional use in the O-1 district;

(2)

Financial institution drive-in facilities;

(3)

Day care centers or preschools, provided that, in addition to other conditions that may be placed upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences and play areas;

(4)

Dwelling units located within a building used for office purposes other than on the ground floor;

(5)

Churches or other places of indoor religious assembly;

(6)

Hospitals, clinics or nursing homes;

(7)

Communications transmitting towers, receiving towers, relay or microwave towers;

(8)

Utilities facilities and substations.

(Code 1998, § 106-454; Ord. No. 97-11, § 13-1-31(d), 11-3-1997)

Height and area requirements in the O-2 Business and Professional Office District are as follows:

(1)

Maximum building height. The maximum building height for the principal building shall be 45 feet; for a detached accessory building, the height shall be 20 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, 35 feet;

c.

For the principal building, the side yard shall be as follows:

1.

Twelve feet on each side for a building 20 feet or under in height;

2.

Eighteen feet on each side for a building over 20 feet and less than 35 feet in height;

3.

Thirty feet on each side for a building 35 feet or over in height;

d.

Side and rear yard, detached accessory building, three feet on each side.

(3)

Minimum lot width. The minimum lot width shall be 80 feet.

(4)

Minimum separation. On lots with more than one building, there shall be a minimum separation distance between buildings equal to the sum of the required side yard for each building.

(5)

Floor area ratio. The maximum floor area ratio shall be 0.40.

(Code 1998, § 106-455; Ord. No. 97-11, § 13-1-31(e), 11-3-1997)

The O-3 Administrative Office and Research and Development District is established to provide for large administrative office and research and development activities and testing laboratories, all of which are integrated in a planned development. To maintain compatibility between individual sites and consistency within a district, large sites, yards and landscaped areas are required, together with development standards.

(Code 1998, § 106-486; Ord. No. 97-11, § 13-1-32(a), 11-3-1997)

All uses in the O-3 Administrative Office and Research and Development District are subject to the following conditions:

(1)

Restricted uses. All business and servicing, except for temporary off-street parking and off-street loading, shall be conducted within completely enclosed buildings;

(2)

Parking. All parking of trucks used in the conduct of a permitted or conditional use listed under this division shall be within a completely enclosed building when such parking is for a period greater than one hour and the parking is within 150 feet of a residence district boundary line. Parking areas shall be fully screened from abutting residentially zoned properties and shall be separated from abutting residentially zoned properties by a green space buffer equal to or greater than ten feet;

(3)

Accessory buildings. All buildings greater than 750 square feet shall be considered a principal building.

(Code 1998, § 106-487; Ord. No. 97-11, § 13-1-32(b), 11-3-1997)

In the O-3 Administrative Office and Research and Development District, the following development standards shall be applied in order to provide for planned integrated development and due consideration of pedestrian circulation, preservation and linkage of open space areas, location of future buildings, and the clustering of amenities:

(1)

Building design and landscaping and site development. The exterior appearance of every building constructed within this district shall be compatible with that of adjoining structures, especially as it relates to rooflines and building materials. All lots shall be landscaped, including the provision of canopy-type shade trees. Where possible, all existing mature, healthy trees shall be retained. Except for woodlots, marshes and other lands maintained in a natural state, all land areas not covered by buildings, structures, storage areas, parking lots, loading areas and driveways shall be landscaped and maintained. Landscaping shall mean decorative plazas, mounds, pools, or the planting of grass, trees, shrubs and other plant materials or comparable surface cover.

(2)

Accessory off-street parking and loading. Accessory off-street parking lots, loading berths and access driveways shall be located, designed, and improved so as to provide for safe and convenient access from adjoining streets, as well as safe and convenient circulation upon the site. Access driveways and parking lots shall be separated from principal pedestrian walkways and recreational areas by pavement markings, curbs, planting areas, fences or other appropriate materials to ensure pedestrian safety. Access driveways shall be designed and located so that they do not provide a direct unlandscaped view from the street to a loading berth or storage area.

(3)

Storage areas. All storage, except for licensed motor vehicles in operable condition, shall be within completely enclosed buildings or shall be effectively screened with screening not less than six feet in height, and no storage shall exceed the height of such screening. All outside storage areas shall be located to diminish visibility from any street and shall be limited to no more than five percent of the total lot area.

(4)

Illumination. Electrical reflectors, spotlights, floodlights and other sources of illumination may be used to illuminate buildings, landscaping, street graphics and parking and loading areas only if they are equipped with lenses or other devices that concentrate the illumination upon such items. All lighting shall be reflected away from residences and public streets.

(Code 1998, § 106-488; Ord. No. 97-11, § 13-1-32(c), 11-3-1997)

The following uses are allowed as permitted uses in the O-3 Administrative Office and Research and Development District:

(1)

Administrative offices, provided such offices shall not be opened to or visited by the general public for the purpose of receiving or disbursing goods and services. Service personnel visits, business calls, deliveries and other activities normal to an administrative function are allowed;

(2)

Data processing centers;

(3)

Research and development activities, and testing laboratories, provided no manufacturing, fabrication, assembly or production of articles other than prototypes or models used for experimentation or research shall be allowed;

(4)

Accessory uses customary with and incidental to an authorized principal use.

(Code 1998, § 106-489; Ord. No. 97-11, § 13-1-32(d), 11-3-1997)

The following are allowed as conditional uses in the O-3 Administrative Office and Research and Development District subject to review under article V of this chapter:

(1)

Hotels or motels;

(2)

Heliports;

(3)

Hospitals and clinics;

(4)

Communications transmitting towers, receiving towers, relay or microwave towers;

(5)

Utilities facilities and substations;

(6)

Buildings taller than the maximum height permitted in section 133-459. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-459 is subject to the following standards:

a.

The height of the building shall not exceed 55 feet, which 55 feet is an absolute cap on the height of the building that cannot be exceeded for any reason, including, but not limited to, the exceptions set forth in section 133-13.

b.

All part(s) of the building that are above 45 feet in height shall be set back a minimum of 30 feet from any road right-of-way.

c.

The total surface square footage of the part(s) of the building that is above 45 feet cannot exceed 25 percent of the total square footage of the first floor of the building.

d.

The part(s) of the building that are above 45 feet in height shall be used only for purposes that are accessory to the primary use(s) of the building.

(Code 1998, § 106-490; Ord. No. 97-11, § 13-1-32(e), 11-3-1997; Ord. No. 18-19, § 3, 10-15-2018)

Height and area requirements in the O-3 Administrative Office and Research and Development District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 20 feet;

b.

Rear yard, 35 feet or 30 percent of the height of the building, whichever is greater;

c.

For a principal building, the side yard shall be as follows:

1.

Twelve feet on each side for a building 20 feet or under in height;

2.

Eighteen feet on each side for a building over 20 feet and less than 35 feet in height;

3.

Thirty feet on each side for a building 35 feet or over in height;

4.

Thirty-six feet or 20 percent of the height of the building on each side, whichever is greater, for a building equal to or greater than four stories;

d.

Side and rear yard, detached accessory building, 12 feet on each side.

(3)

Minimum lot area. The minimum lot area shall be 20,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 100 feet.

(5)

Floor area ratio. The maximum floor area ratio shall be 0.50.

(6)

Minimum separation. On lots with more than one building, there shall be a minimum separation distance between buildings equal to the sum of the required side yard for each building.

(Code 1998, § 106-491; Ord. No. 97-11, § 13-1-32(f), 11-3-1997; Ord. No. 18-19, § 4, 10-15-2018)

The purpose of the C-1D Downtown Commercial District is to provide a special district for commercial uses in the older portion of the downtown. The district is intended to retain the mixture of business uses and development character of the older Downtown Commercial District.

(Code 1998, § 106-521; Ord. No. 97-11, § 13-1-33(a), 11-3-1997)

Except as provided in subsection 133-524(2), the permitted uses in the C-1D Downtown Commercial District are the same as those permitted in the C-1 General Commercial District, plus residences on upper floors, including efficiency apartments.

(Code 1998, § 106-522; Ord. No. 97-11, § 13-1-33(b), 11-3-1997; Ord. No. 08-08, § 1, 5-5-2008)

(a)

The conditional uses in the C-1 General Commercial District are conditional uses in the C-1D Downtown Commercial District.

(b)

Any use permitted in the C-1 General Commercial District that requires a Class "B", "Class B" or "Class C" license for the sale of alcohol beverages is a conditional use in the C-1D Downtown Commercial District.

(c)

Buildings taller than the maximum height permitted in section 133-491. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-491 is subject to the following standards:

(1)

The height of the building shall not exceed 55 feet.

(2)

All part(s) of the building that are above 45 feet in height shall be setback a minimum of 30 feet from any road right-of-way.

(3)

The total surface square footage of the part(s) of the building that is above 45 feet cannot exceed 25 percent of the total square footage of the first floor of the building.

(4)

The part(s) of the building that are above 45 feet in height shall be used only for purposes that are accessory to the primary use(s) of the building.

(Code 1998, § 106-523; Ord. No. 97-11, § 13-1-33(c), 11-3-1997; Ord. No. 08-08, § 1, 5-5-2008; Ord. No. 18-5, § 1, 3-12-2018)

The accessory buildings and uses in the C-1D Downtown Commercial District are the same as those conditionally permitted in the C-1 General Commercial District.

(Code 1998, § 106-524; Ord. No. 97-11, § 13-1-33(d), 11-3-1997)

Height and area requirements in the C-1D Downtown Commercial District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard setback, none;

b.

Side yard setbacks, none;

c.

Rear yard setback, 20 feet.

(3)

Minimum lot width. The minimum lot width shall be 50 feet.

(4)

Dwelling unit density. The lot area per dwelling unit shall be 1,200 square feet. For purposes of this subsection, lot area may include a parcel or parcels that are within 500 feet of the parent parcel (i.e., the parcel on which the principal building is located), and which parcel or parcels contain improvements (e.g., storm water, parking) necessary for the development of the parent parcel paid for by the owner of the parent parcel. If the owner of the parent parcel does not own the adjacent parcel or parcels, the owner of the parent parcel must have a written agreement with the parcel owner giving the parent parcel owner the right to place improvements on the adjacent parcel, the village must be a party to the written agreement in a form approved by the village, and the agreement shall be recorded on the subject property. Notwithstanding the preceding sentences, the adjacent parcel or parcels shall not be located in a residential zoning district.

(Code 1998, § 106-525; Ord. No. 97-11, § 13-1-33(e), 11-3-1997; Ord. No. 18-5, § 2, 3-12-2018; Ord. No. 18-19, § 9, 10-15-2018)

The plan commission may grant applicants in the C-1D Downtown Commercial District exceptions from the parking requirements as set forth in section 133-995 where the provision of the required number of parking stalls would not be feasible due to the size or configuration of the lot and where there are sufficient municipal or other off-site parking stalls in the area.

(Code 1998, § 106-526; Ord. No. 97-11, § 13-1-33(f), 11-3-1997)

The purpose of the C-1 General Commercial District is to accommodate a wide range of retail, commercial service and product establishments. It is also intended to accommodate the development of mixed land uses that will allow the combination of commercial and residential uses in the same structure.

(Code 1998, § 106-556; Ord. No. 97-11, § 13-1-34(a), 11-3-1997)

Permitted uses in the C-1 General Commercial District are as follows:

(1)

Retail sale and repair services, including the following:

a.

Animal hospitals and pet shops;

b.

Antique shops;

c.

Audio and video equipment and merchandise;

d.

Automotive accessory stores.;

e.

Bakeries;

f.

Barbershops;

g.

Beauty shops;

h.

Bicycle sales;

i.

Book/stationery stores;

j.

Candy and ice cream stores;

k.

Carpet stores;

l.

Camera and photographic supply stores;

m.

Catering services;

n.

Clocks and watches;

o.

Clothing and apparel stores;

p.

Computer and computer accessory stores;

q.

China and glassware stores;

r.

Coin stores;

s.

Custom dressmaking;

t.

Drugstores;

u.

Dry cleaning and laundry;

v.

Electronic and housewares appliance stores;

w.

Flower shops;

x.

Furniture and home furnishings stores;

y.

Gift shops;

z.

Grocery stores;

aa.

Hardware and paint stores;

bb.

Hobby stores;

cc.

Jewelry stores;

dd.

Landscape nurseries;

ee.

Leather goods and luggage stores;

ff.

Locksmiths;

gg.

Major department stores;

hh.

Meat markets;

ii.

Musical instrument stores;

jj.

Office supply stores;

kk.

Optical goods stores;

ll.

Orthopedic sales and supply stores;

mm.

Pet grooming shops;

nn.

Pet stores;

oo.

Photo studios;

pp.

Picture frame shops;

qq.

Schools for music, dance and the martial arts;

rr.

Sewing machine shops;

ss.

Shoe stores;

tt.

Sporting goods stores;

uu.

Tailor shops;

vv.

Tobacco shops;

ww.

Travel bureaus.

(2)

Other establishments, institutions and uses, including the following:

a.

Banks and financial institutions (except drive-in facilities);

b.

Clinics or medical offices requiring less than 40 parking stalls;

c.

Professional offices and similar establishments;

d.

Restaurants (except drive-ins);

e.

Taverns.

(Code 1998, § 106-557; Ord. No. 97-11, § 13-1-34(b), 11-3-1997)

Conditional uses in the C-1 General Commercial District are as follows:

(1)

Airport/heliport;

(2)

Automobile and truck washes;

(3)

Automotive rentals, sales and service;

(4)

Bowling alleys;

(5)

Clinic or medical office requiring 40 or more parking stalls;

(6)

Commercial greenhouse and nurseries;

(7)

Communications transmitting towers, receiving towers, relay or microwave towers;

(8)

Convenience stores;

(9)

Dancehalls;

(10)

Day care center/preschool, provided that, in addition to other conditions that may be stipulated upon the establishment, location, construction, maintenance or operation of such a facility pursuant to article V of this chapter, the facility shall include safe and adequately sized parking and loading/unloading areas, fences and play areas;

(11)

Dog kennels;

(12)

Drive-in restaurants;

(13)

Financial institution drive-in facility;

(14)

Fruit and produce stands;

(15)

Garden supply stores;

(16)

Gasoline stations (self-service and full service);

(17)

Hospital;

(18)

Hotels/motels;

(19)

Indoor commercial recreational facilities;

(20)

Light manufacturing and assembly of hand-crafted products, such as pottery, quilts, jewelry, roasted coffee, and hand-crafted furniture, that is incidental to a permitted commercial use, providing that the light manufacturing and assembly processes occupy no more than 50 percent of the total floor area;

(21)

Manufactured home sales;

(22)

Meeting/assembly halls;

(23)

Milk, cheese and ice cream processing and facilities;

(24)

Buildings taller than the maximum height permitted in section 133-527. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-527 is subject to the following standards:

a.

The height of the building shall not exceed 55 feet, which 55 feet is an absolute cap on the height of the building that cannot be exceeded for any reason, including, but not limited to, the exceptions set forth in section 133-13.

b.

All part(s) of the building that are above 45 feet in height shall be set back a minimum of 30 feet from any road right-of-way.

c.

The total surface square footage of the part(s) of the building that is above 45 feet cannot exceed 25 percent of the total square footage of the first floor of the building.

d.

The part(s) of the building that are above 45 feet in height shall be used only for purposes that are accessory to the primary use(s) of the building.

(25)

Outdoor commercial recreational and facility;

(26)

Produce terminal, wholesale;

(27)

Radio, microwave or television towers;

(28)

Railroad rights-of-way and uses essential to railroad operation;

(29)

Recreational vehicle sales/rentals;

(30)

Residential, single-family or multifamily;

(31)

Small equipment rental;

(32)

Stadium or auditorium;

(33)

Theaters (indoor);

(34)

Theaters (outdoor);

(35)

Truck rentals;

(36)

Truck sales and service;

(37)

Utilities facilities and substations;

(38)

Video arcades.

(Code 1998, § 106-558; Ord. No. 97-11, § 13-1-34(c), 11-3-1997; Ord. No. 01-10, § 1, 7-2-2001; Ord. No. 18-19, § 5, 10-15-2018)

Permitted accessory buildings and uses in the C-1 General Commercial District are as follows:

(1)

Accessory buildings and uses customary with and incidental to the principal use, unless otherwise excluded by this chapter;

(2)

Warehousing customarily incidental to any of the permitted uses or special uses in this division.

(Code 1998, § 106-559; Ord. No. 97-11, § 13-1-34(d), 11-3-1997)

Height and area requirements in the C-1 General Commercial District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard setback, 15 feet;

b.

Rear yard setback, 25 feet;

c.

Side yard, principal building, nine feet on each side;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area shall be 20,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 70 feet.

(Code 1998, § 106-560; Ord. No. 97-11, § 13-1-34(e), 11-3-1997; Ord. No. 18-19, § 6, 10-15-2018)

The C-2 Highway Commercial District is intended to provide an area for those business and commercial activities that especially have to do with motor vehicles or highway transportation, that provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate for some other reason to be located adjacent to a major thoroughfare or highway.

(Code 1998, § 106-591; Ord. No. 97-11, § 13-1-35(a), 11-3-1997)

The following uses are permitted in the C-2 Highway Commercial District:

(1)

Gasoline service stations, provided that all gasoline pumps, storage tanks and accessory equipment must be located at least 30 feet from any existing or officially mapped street;

(2)

Stores for the sale of tires, batteries or other automotive accessories;

(3)

Establishments for the washing, cleaning or polishing of automobiles, including self-service carwashes;

(4)

Establishments engaged in the retail sale of automobile passenger trailers, manufactured homes or campers;

(5)

Establishments engaged in daily or extended-term rental or leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers or utility trailers;

(6)

Establishments engaged in the daily or extended-term rental or leasing of recreational vehicles or campers;

(7)

Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.;

(8)

Restaurants, lunchrooms and other eating places, including drive-in type establishments;

(9)

Commercial parking lots, parking garages, parking structures;

(10)

Tourist-oriented retail shops, including souvenir and curio shops;

(11)

Grocery stores;

(12)

Banks and financial institutions, including drive-up facilities and ATMs.

(Code 1998, § 106-592; Ord. No. 97-11, § 13-1-35(b), 11-3-1997; Ord. No. 99-10, § 5, 6-21-1999)

The following are permitted as conditional uses within the C-2 Highway Commercial District; such uses shall be subject to the consideration of the plan commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards or other factors:

(1)

Seasonal roadside stands for the sale of vegetables, fruit or other farm products, but not other types of products or merchandise;

(2)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration or other use of motorcycles, motorized bicycles, go-carts, snowmobiles, aircraft or other motorized vehicles or their components;

(3)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration or other use of motorboats, other watercraft, marine supplies, motors for watercraft or their components;

(4)

Wholesale merchandise establishments;

(5)

Warehouses;

(6)

Motor carrier facilities;

(7)

Drive-in and convenience establishments serving food and beverages;

(8)

Automobile sales and service shops, including shops for general mechanical repairs, automobile body repair, and repair of tires, but not including establishments for rebuilding, retreading, recapping, vulcanizing or manufacturing tires, and not including establishments for painting automobiles;

(9)

Establishments primarily engaged in specialized automobile repair such as electrical, battery, and ignition repair; radiator repair; glass replacement and repair; carburetor repair; and wheel alignment service;

(10)

Communications transmitting towers, receiving towers, relay or microwave towers;

(11)

Utility facilities and substations;

(12)

Light manufacturing and assembly of hand-crafted products, such as pottery, quilts, jewelry, roasted coffee, and hand-crafted furniture, that is incidental to a permitted commercial use, providing that the light manufacturing and assembly processes occupy no more than 50 percent of the total floor area.

(Code 1998, § 106-593; Ord. No. 97-11, § 13-1-35(c), 11-3-1997; Ord. No. 01-10, § 2, 7-2-2001)

Permitted accessory uses in the C-2 Highway Commercial District are accessory uses allowed in the C-1 General Commercial District.

(Code 1998, § 106-594; Ord. No. 97-11, § 13-1-35(d), 11-3-1997)

Height and area requirements for the C-2 Highway Commercial District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet; for a detached accessory building, the height shall be 20 feet.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 25 feet; 50 feet if parking is permitted in front;

b.

Rear yard, 20 feet;

c.

Side yard, principal building, 20 feet on each side;

d.

Side and rear yard, accessory building, three feet on each side.

(3)

Minimum lot area. The minimum lot area shall be one acre.

(4)

Minimum lot width. The minimum lot width shall be 100 feet.

(Code 1998, § 106-595; Ord. No. 97-11, § 13-1-35(e), 11-3-1997)

The I-1 Light Industrial District is intended to provide space for industrial and manufacturing uses at appropriate locations in the village, except those that are dangerous or that generate noise, smoke, traffic or air or water pollution that would create a public or private nuisance. Any storage areas should be enclosed by a suitable screen of fencing or vegetation. Emphasis is placed on providing land for warehousing and light assembly industries.

(Code 1998, § 106-626; Ord. No. 97-11, § 13-1-36(a), 11-3-1997)

Permitted uses in the I-1 Light Industrial District include the following uses that are within buildings that are less than 50,000 square feet in area:

(1)

Contractors;

(2)

Food processing and distribution;

(3)

Laboratories;

(4)

Storage and sale of machinery and equipment;

(5)

Trade and contractors' offices;

(6)

Wholesaling;

(7)

Warehousing;

(8)

Light assembly industries;

(9)

Office;

(10)

Research facilities.

(Code 1998, § 106-627; Ord. No. 97-11, § 13-1-36(b), 11-3-1997; Ord. No. 99-10, § 6, 6-21-1999; Ord. No. 01-05, § 2, 4-2-2001; Ord. No. 09-06, § 12, 7-20-2009)

Conditional uses in the I-1 Light Industrial District are as follows:

(1)

Communications transmitting tower, receiving tower, relay or microwave towers;

(2)

Utility facilities and substations;

(3)

Day care centers;

(4)

Ancillary commercial uses that serve primarily neighboring light industries and offices;

(5)

Buildings taller than the maximum height permitted in section 133-586. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-586 is subject to the following standards:

a.

The height of the building shall not exceed 55 feet, which 55 feet is an absolute cap on the height of the building that cannot be exceeded for any reason, including, but not limited to, the exceptions set forth in section 133-13.

b.

All part(s) of the building that are above 45 feet in height shall be set back a minimum of 30 feet from any road right-of-way.

(6)

Buildings greater than 50,000 square feet in area.

(7)

Business dormitories as an ancillary use pursuant to section 133-946.

(Code 1998, § 106-628; Ord. No. 97-11, § 13-1-36(c), 11-3-1997; Ord. No. 09-06, § 13, 7-20-2009; Ord. No. 18-6, § 1, 3-12-2018; Ord. No. 18-19, § 7, 10-15-2018)

Height and area requirements in the I-1 Light Industrial District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 40 feet;

b.

Rear yard, 25 feet;

c.

Side yard, principal building, 20 feet on each side;

d.

Side and rear yard, accessory building, five feet on each side.

(3)

Minimum lot area. The minimum lot area shall be one acre.

(4)

Minimum lot width. The minimum lot width shall be 100 feet.

(Code 1998, § 106-629; Ord. No. 09-06, § 14, 7-20-2009)

The I-2 General Industrial District provides land for those industries that normally include the use of heavy machinery and may require outdoor storage areas for raw materials or finished products, provided such storage is enclosed by a suitable screen of fencing or vegetation.

(Code 1998, § 106-661; Ord. No. 97-11, § 13-1-37(a), 11-3-1997)

Permitted uses in the I-2 General Industrial District include the following uses that are within buildings that are less than 50,000 square feet in area:

(1)

Automobile body repairs;

(2)

Automotive upholstery;

(3)

Commercial greenhouses;

(4)

Distributors;

(5)

Farm machinery;

(6)

Food locker plants;

(7)

Machine shops;

(8)

Manufacturing and bottling of beverages;

(9)

Painting;

(10)

Printing;

(11)

Publishing;

(12)

Warehousing;

(13)

Manufacture, fabrication, packing, packaging and assembly of products.

(Code 1998, § 106-662; Ord. No. 97-11, § 13-1-37(b), 11-3-1997; Ord. No. 09-06, § 15, 7-20-2009)

Conditional uses in the I-2 General Industrial District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers;

(2)

Utility facilities and substations;

(3)

Day care centers;

(4)

Buildings taller than the maximum height permitted in section 133-609. In addition to the standards set forth in section 133-936, a building taller than the maximum height permitted in section 133-609 is subject to the following standards:

a.

The height of the building shall not exceed 55 feet, which 55 feet is an absolute cap on the height of the building that cannot be exceeded for any reason, including, but not limited to, the exceptions set forth in section 133-13.

b.

All part(s) of the building that are above 45 feet in height shall be set back a minimum of 30 feet from any road right-of-way.

(5)

Buildings greater than 50,000 square feet in area.

(Code 1998, § 106-663; Ord. No. 97-11, § 13-1-37(c), 11-3-1997; Ord. No. 09-06, § 16, 7-20-2009; Ord. No. 18-19, § 8, 10-15-2018)

Height and area requirements for the I-2 General Industrial District are as follows:

(1)

Maximum building height. The maximum building height shall be 45 feet for the principal building and shall be 20 feet for a detached accessory building, except where taller buildings are approved as conditional uses.

(2)

Setbacks. Setbacks shall be as follows:

a.

Front yard, 50 feet;

b.

Rear yard, 40 feet;

c.

Side yard, principal building, 20 feet on each side;

d.

Side and rear yard, accessory building, five feet on each side.

(3)

Minimum lot area. The minimum lot area shall be one acre.

(4)

Minimum lot width. The minimum lot width shall be 100 feet.

(Code 1998, § 106-663.1; Ord. No. 09-06, § 17, 7-20-2009)

The AP-1 Airport District is intended to provide a district for the Waunakee Airport and limited ancillary uses that would not be incompatible with the surrounding residential neighborhoods.

(Code 1998, § 106-664; Ord. No. 08-01, 1-7-2008)

Permitted uses in the AP-1 Airport District are as follows: Airport landing field.

(Code 1998, § 106-665; Ord. No. 08-01, 1-7-2008)

Conditional uses in the AP-1 Airport District are as follows:

(1)

Communications transmitting towers, receiving towers, relay or microwave towers that do not interfere with approach areas and landing area for the airport or aviation communications;

(2)

Utilities facilities and substations;

(3)

Attached or detached hangars which have direct access to a runway. All hangars shall be considered accessory buildings;

(4)

Ancillary office uses directly related to the operation of the airport or use of airport facilities.

(Code 1998, § 106-666; Ord. No. 08-01, 1-7-2008)

Height and area requirements for all buildings in the AP-1 Airport District are as follows:

(1)

Maximum building height. The maximum building height of the all buildings shall be 35 feet.

(2)

Setbacks. Setbacks for all buildings shall be as follows:

a.

Front yard: 20 feet;

b.

Rear yard: 20 feet;

c.

Side yard: 20 feet

(Code 1998, § 106-667; Ord. No. 08-01, 1-7-2008)

The CON Conservancy District is intended to protect natural resources. Generally, this district may include steep slopes and bluffs, ravines, wetlands, river and lake shores, and other land of natural aesthetic value.

(Code 1998, § 106-691; Ord. No. 97-11, § 13-1-38(a), 11-3-1997)

Permitted uses in the CON Conservancy District are as follows:

(1)

General farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed;

(2)

The harvesting of any wild crop such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds;

(3)

Sustained yield forestry, open spaces;

(4)

Telephone, and power distribution poles and lines and necessary appurtenant equipment and structures;

(5)

Fishing;

(6)

Preservation of scenic, historic and scientific areas; wildlife preserves;

(7)

Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish, pursuant to chapter 113;

(8)

Hiking trails and bridle paths;

(9)

Public and private parks.

(Code 1998, § 106-692; Ord. No. 97-11, § 13-1-38(b), 11-3-1997)

Conditional uses in the CON Conservancy District are as follows:

(1)

Nonresidential farm structures;

(2)

Dams, power plants, flowages;

(3)

Ponds;

(4)

Relocation of watercourses;

(5)

Removal of topsoil or peat;

(6)

Piers, docks, boathouses not for human occupancy;

(7)

Communications transmitting towers, receiving towers, relay or microwave towers;

(8)

Utility facilities and substations;

(9)

Parking lots for uses permitted in the Conservancy District.

(Code 1998, § 106-693; Ord. No. 97-11, § 13-1-38(c), 11-3-1997)

There are no setback, lot size or other dimensional requirements for the CON Conservancy District.

(Code 1998, § 106-694; Ord. No. 97-11, § 13-1-38(d), 11-3-1997)

In the CON Conservancy District, accessory buildings shall be as permitted under applicable sections of chapter 113 pertaining to floodplain and shoreland-wetland zoning.

(Code 1998, § 106-695; Ord. No. 97-11, § 13-1-38(e), 11-3-1997)

The requirements for property in the PUD Planned Unit Development District shall be as provided in article IV of this chapter.

(Code 1998, § 106-726; Ord. No. 97-11, § 13-1-39, 11-3-1997)

The G-1 Institutional District is intended to provide an area for public and semipublic facilities and institutions.

(Code 1998, § 106-756; Ord. No. 97-11, § 13-1-40(a), 11-3-1997)

Permitted uses in the G-1 Institutional District are as follows:

(1)

Cemeteries;

(2)

Churches and other places of indoor religious assembly;

(3)

Hospitals, sanitariums, nursing homes and clinics;

(4)

Libraries, museums, aquariums, planetariums, and art galleries;

(5)

Municipal parking lots;

(6)

Public administrative offices and public service buildings, including fire and police stations;

(7)

Public or private schools, colleges and universities;

(8)

Public utility offices;

(9)

Utilities;

(10)

Water storage tanks, towers and wells;

(11)

Public amphitheaters, areas, stadiums and athletic fields;

(12)

Public auditoriums;

(13)

Public botanical gardens and arboretums;

(14)

Exhibition halls;

(15)

Fairgrounds;

(16)

Forest reserves and public conservancy areas;

(17)

Libraries;

(18)

Parks, playgrounds, and other public outdoor recreation areas;

(19)

Public recreation/community centers.

(Code 1998, § 106-757; Ord. No. 97-11, § 13-1-40(b), 11-3-1997)

Conditional uses in the G-1 Institutional District are as follows:

(1)

Archery and shooting ranges;

(2)

Athletic clubs, gymnasiums, fitness clubs, and health resorts;

(3)

Communications transmitting towers, receiving towers, relay or microwave towers;

(4)

Fraternal organizations, clubs, or other private membership organizations;

(5)

Golf courses with country club/restaurant facilities;

(6)

Private golf ranges and miniature golf;

(7)

Public emergency shelters;

(8)

Roller skating rinks;

(9)

Skeet and trap shooting ranges, provided that the firing of rifle arms and shotgun slugs shall not be permitted directly toward or over any highway, road or navigable water; toward any building or structure; or toward any population concentration within 1½ miles of the site;

(10)

Utility facilities and substations.

(Code 1998, § 106-758; Ord. No. 97-11, § 13-1-40(c), 11-3-1997)

Permitted accessory uses in the G-1 Institutional District are as follows:

(1)

Essential services;

(2)

Garages for storage of vehicles or materials used in conjunction with the operation of a permitted use;

(3)

Off-street parking and loading areas;

(4)

Residential quarters for administrators, caretakers or clergy;

(5)

Service buildings and facilities normally accessory to the permitted uses;

(6)

Service-oriented offices or shops located within institutional buildings.

(Code 1998, § 106-759; Ord. No. 97-11, § 13-1-40(d), 11-3-1997)

In the G-1 Institutional District, there are no minimum lot requirements.

(Code 1998, § 106-760; Ord. No. 97-11, § 13-1-40(e), 11-3-1997)

In the G-1 Institutional District, no building or part of a building shall exceed 45 feet in height.

(Code 1998, § 106-761; Ord. No. 97-11, § 13-1-40(f), 11-3-1997)

(a)

In the G-1 Institutional District, a minimum building setback of 25 feet from the right-of-way line of all public streets shall be required.

(b)

There shall be a minimum side yard of ten feet, except that the principal and accessory structures for any of the uses listed in this division shall be 50 feet from any abutting lot line in an R-1, R-2, or R-3 zoning district.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 1998, § 106-762; Ord. No. 97-11, § 13-1-40(g), 11-3-1997; Ord. No. 01-03, § 1, 4-2-20012)

(a)

Intent. The CR-5ac Countryside Residential District is intended to permit development which has a very low density, countryside community character. Unlike the case for the agricultural use districts, the land use standards for this district permit primarily single-family detached residential development and a variety of related land uses, and are not oriented to a wide range of agricultural activities. Density and intensity standards for this district are designed to ensure that the CR-5ac Countryside Residential District shall serve as a designation which preserves and protects the countryside community character of its area. This district is used to provide for the permanent protection of a very low density residential area for those who want to live in a countryside environment and who retain enough land with their residence, or in their development, to ensure that the countryside community character is maintained as long as the CR-5ac Countryside Residential District designation is retained, regardless of how much development occurs within that area. This district is designed to accommodate existing subdivisions of this character and to allow such future development of this character and density consistent with adopted comprehensive land use plans of the town and village.

(b)

Permitted uses. Permitted uses in the CR-5ac Countryside Residential District are as follows:

(1)

Permitted uses in the R-1 Single-Family Residential District;

(2)

Selective tree cutting;

(3)

Passive outdoor public recreational activities.

(c)

Conditional uses. Conditional uses in the CR-5ac Countryside Residential District are as follows:

(1)

Permitted uses in the A-1 Agricultural/Holding District;

(2)

Conditional uses in the A-1 Agricultural/Holding District;

(3)

All accessory buildings and uses allowed in the A-1 Agricultural/Holding District, and any additional accessory buildings and uses other than those permitted by subsection (b)(3) of this section, shall be allowed only as conditional accessory uses in the CR-5ac Countryside Residential District, and shall require a conditional use permit in compliance with other provisions of this chapter.

(d)

Accessory buildings and uses. Accessory buildings and uses in the CR-5ac Countryside Residential District are those accessory buildings and uses permitted in the R-1 Single-Family Residential District.

(e)

Height and area requirements. Height and area requirements for the CR-5ac Countryside Residential District are as follows:

(1)

Maximum building height:

a.

Principal residential building: 35 feet;

b.

Detached permitted accessory building: 15 feet;

c.

Other detached conditional accessory buildings and uses allowed per conditional use permit shall have the maximum building height as provided by the conditional use permit.

(2)

Lot area: At least three acres and up to a maximum of five acres.

(3)

Minimum lot width: 150 feet.

(4)

Front yard setback: 35 feet, or 68 feet from the centerline of the abutting roadway, whichever is greater.

(5)

Rear yard setback, principal building: 25 feet.

(6)

Side yard setback, principal building: 45 feet on each side.

(7)

Side and rear yard, accessory building: Nine feet on each side.

(Code 1998, § 106-769; Ord. No. 98-2, § 4(13-1-41), 3-30-1998)

(a)

Intent. The ER-1 Estate Residential District is intended to permit development which has a low density, estate community character. Like the case for the CR-5ac Countryside Residential District, the land use standards for this district permit primarily single-family detached residential development and a variety of related institutional land uses. Density and intensity standards for this district are designed to ensure that the ER-1 Estate Residential District shall serve as a designation which preserves and protects the estate community character of its area. This district is used to provide for the permanent protection of a low density residential area for those who want to live in an estate environment and who retain enough land with their residence, or in their development, to ensure that the estate community character is maintained as long as the ER-1 Estate Residential District designation is retained, regardless of how much development occurs within that area. This district is designed to accommodate existing subdivisions of this character and to allow such future development of this character and density consistent with adopted comprehensive land use plans of the town and village.

(b)

Permitted uses. Permitted uses in the ER-1 Estate Residential District are as follows:

(1)

Permitted uses in the R-1 Single-Family Residential District;

(2)

Selective tree cutting;

(3)

Passive outdoor public recreational activities.

(c)

Conditional uses. Conditional uses in the ER-1 Estate Residential district are as follows:

(1)

Conditional uses in the R-1 Single-Family Residential District;

(2)

All accessory buildings and uses allowed in the CR-5ac Countryside Residential District, and any additional accessory buildings and uses other than those permitted by subsection (b)(3) of this section, shall be allowed only as conditional accessory uses in the ER-1 Estate Residential District, and shall require a conditional use permit in compliance with other provisions of this chapter.

(d)

Accessory buildings and uses. Accessory buildings and uses in the ER-1 Estate Residential District are those accessory buildings and uses permitted in the R-1 Single-Family Residential District.

(e)

Height and area requirements. Height and area requirements for the ER-1 Estate Residential District are as follows:

(1)

Maximum building height:

a.

Principal residential building: 35 feet;

b.

Detached accessory building: 15 feet;

c.

Other detached conditional accessory buildings and uses allowed per conditional use permit shall have the maximum building height as provided by the conditional use permit.

(2)

Lot area: At least one acre and less than three acres.

(3)

Minimum lot width: 125 feet.

(4)

Front yard setback: 30 feet, or 63 feet from the centerline of the abutting roadway, whichever is greater.

(5)

Rear yard setback, principal building: 25 feet.

(6)

Side yard setback, principal building: At least 15 feet on each side, but not less than 45 feet total for combined setbacks;

(7)

Side and rear yard, accessory building: Nine feet on each side.

(Code 1998, § 106-775; Ord. No. 98-2, § 4(13-1-42), 3-30-1998; Ord. No. 14-15, §§ 1, 2, 11-17-2014)

(a)

Intent. The SR-4 Suburban Residential District is intended to permit development which has a moderate density, suburban community character. This district is intended to be the principal district for single-family development in urban service areas of the town. Unlike the case for the previously described residential districts, the land use standards for this district permit both single-family detached residential development and certain types of moderate density single-family attached development, as well as a variety of related institutional land uses. Density and intensity standards for this district are designed to ensure that the SR-4 Suburban Residential District shall serve as a designation which preserves and protects the suburban residential community character of its area. This district is used to provide for the permanent protection of a moderate density residential area for those who want to live in a suburban residential environment and who retain enough land with their residence, or in their development, to ensure that the suburban character is maintained as long as the SR-4 Suburban Residential District designation is retained, regardless of how much development occurs within that area. This district is designed to accommodate new subdivisions of this character in urban service areas and to allow such future development of this character and density consistent with the adopted comprehensive land use plans of the town and the village.

(b)

Permitted uses. Permitted uses for the SR-4 Suburban Residential District are as follows:

(1)

Permitted uses in the R-1 Single-Family Residential District;

(2)

Selective tree cutting;

(3)

Passive outdoor public recreational activities.

(c)

Conditional uses. Conditional uses for the SR-4 Suburban Residential District are as follows:

(1)

Two-family dwelling units;

(2)

Conditional uses in the R-1 Single-Family Residential District.

(d)

Accessory buildings and uses. Accessory buildings and uses in the SR-4 Suburban Residential District are those accessory buildings and uses permitted in the R-1 Single-Family Residential District.

(e)

Height and area requirements. Height and area requirements for the SR-4 Suburban Residential District are as follows:

(1)

Maximum building height:

a.

Principal building: 35 feet;

b.

Detached accessory building: 15 feet.

(2)

Lot area: At least one-fourth acre and less than one acre.

(3)

Minimum lot width: 90 feet.

(4)

Front yard setback: 25 feet.

(5)

Rear yard setback, principal building: 20 feet.

(6)

Side yard setback, principal building: nine feet on each side.

(7)

Side and rear yard, accessory building: nine feet on each side.

(Code 1998, § 106-782; Ord. No. 98-2, § 4(13-1-43), 3-30-1998)

The purpose of the S-1 Senior Housing District is to provide a district for affordable senior housing that complies with the provisions of Wis. Stats. § 106.50(5m) and the Fair Housing Act as amended, 42 USC 3601—3631 (1994).

(Code 1998, § 106-783; Ord. No. 02-07, § 1, 8-5-2002)

All uses in the S-1 Senior Housing District are conditional uses.

(Code 1998, § 106-784; Ord. No. 02-07, § 2, 8-5-2002)

Conditional uses in the S-1 Senior Housing District are as follows:

(1)

Senior housing multifamily dwellings in which at least 80 percent of the units must be occupied by at least one individual age 55 years or older;

(2)

Senior and community centers;

(3)

Day care facilities;

(4)

Community living arrangements for persons age 55 or older serving eight or fewer persons;

(5)

Nursing homes and assisted living centers;

(6)

Government buildings;

(7)

Churches or other places of indoor religious assembly;

(8)

Commercial, professional and business office uses that are reasonably likely to provide regular service to residents of senior housing facilities and occupy no more than a total of 3,000 square feet of gross floor area per structure.

(Code 1998, § 106-785; Ord. No. 02-07, § 2, 8-5-2002)

Height and area requirements in the S-1 Senior Housing District are as follows:

(1)

Maximum building height. The maximum building height for a principal building shall be 45 feet; for a detached accessory building, the height shall be 20 feet, except where taller buildings are approved as conditional uses.

(2)

Minimum floor area. The minimum floor area of dwelling units shall be 400 square feet per living unit.

(3)

Minimum lot area. The minimum lot area for any use shall be 8,000 square feet. In addition, the following requirements shall be used to calculate the lot area required for a multi-unit structure:

a.

First unit, 4,000 square feet;

b.

Each additional one-bedroom unit, 1,000 square feet;

c.

Each additional two-bedroom unit, 1,300 square feet;

d.

Each additional three-bedroom unit, 3,000 square feet.

(4)

Minimum lot width. The minimum lot width shall be 80 feet.

(5)

Setbacks. The minimum setbacks shall be as follows:

a.

Front yard, 30 feet;

b.

Rear yard, principal building, 40 feet;

c.

Side yards, principal building, 12 feet;

d.

Side and rear yard, accessory building, three feet on each side.

(6)

Zero lot line structures.

a.

For purposes of this section, the term "zero lot line structure" means a single structure which consists of two parts, located on two abutting lots, with a common property line where the two parts meet and are attached, and where there is no side yard setback between the two parts.

b.

The plan commission may authorize the construction of a zero lot line structure in the S-1 district as a conditional use, if the plan commission finds that the zero lot line structure meets the standards in section 133-936.

c.

Although no side yard setback is required for a zero lot line structure, a zero lot line structure shall conform to all other applicable regulations.

d.

A site plan for a zero lot line structure shall be prepared by a certified surveyor and approved by the plan commission before a conditional use permit will be granted. The site plan shall show the proposed location of structures, the side yard, rear yard, and front yard setbacks, and the sizes of the lots upon which the structure is proposed to be located.

(7)

Minimum green area. Minimum green area shall be 30 percent of the lot area.

(8)

Minimum building separation. On lots with more than one building, there shall be a minimum separation distance between buildings equal to the sum of the required side yards for each building.

(Code 1998, § 106-786; Ord. No. 02-07, § 4, 8-5-2002)

(a)

The owner or agency shall publish and adhere to policies and procedures that demonstrate intent to provide housing for persons 55 years of age or older.

(b)

To continue to qualify for the senior housing classification, the owner or agency shall, upon the village's request, file with the village clerk a certified copy of a census of all the residents of the dwelling structure, listing the number of tenants by age and the percentage of dwelling units occupied by at least one person age 55 or older.

(Code 1998, § 106-787; Ord. No. 02-07, § 5, 8-5-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal unit means the equivalent of one cow, four hogs, ten sheep, ten goats, 100 poultry, one horse, one pony, one mule or 100 rabbits or an equivalent combination thereof.

Home occupation means any occupation carried on by a member of the immediate family residing on the premises, which meets all of the following conditions:

(1)

That the occupation is conducted within a dwelling and not in an accessory building;

(2)

That only members of the immediate family residing on the premises may be employed on the premises, plus a maximum of one other unrelated person;

(3)

That no stock-in-trade is kept or commodities sold, other than those made on the premises;

(4)

That samples may be kept but not sold on the premises;

(5)

That no mechanical equipment is used except such as may be used for purely domestic or household purposes;

(6)

That such occupation shall not require internal or external alterations, or involve construction features not customary in a dwelling;

(7)

That not more than 25 percent of the floor area of one story of the dwelling is devoted to such home occupation;

(8)

That the entrance to the space devoted to such occupation is from within the building;

(9)

That there is no evidence, other than the sign referred to in subsection (10) of this definition, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; and

(10)

That one sign shall be permitted, which sign shall be attached to the building, shall not exceed two square feet in area and shall not be lighted at night.

Utility services means transmission and distribution lines both above and below ground which carry electricity, petroleum products, natural or manufactured gas, water, sewer or telephone communications. The term "utility services" includes buildings necessary to operate transmission and distribution lines such as substations, transformer installations, repeated stations, and pumping stations, but does not include offices, garages, manually operated exchanges, terminal distribution facilities, electric generating plants and sewage disposal plants.

(Code 1998, § 106-790; Ord. No. 98-2, § 4(13-1-44(c)), 3-30-1998)

This division adopts the permitted uses and applicable standards from the county zoning code (as in effect April 30, 1997, for the JPA and as in effect May 21, 2007, for the expanded ETZ area and as may be amended from time to time) to apply only to property in the Waunakee/Westport joint planning area (the "JPA") and expanded ETZ area as defined at section 133-18, so that property in the JPA and expanded ETZ area can be placed in a zoning district which has the same permitted uses and standards which applied to such property as it was classified under the county zoning code prior to creation of the JPA or expanded ETZ area. This division does not adopt any conditional uses from the county zoning code.

(Code 1998, § 106-788; Ord. No. 98-2, § 4(13-1-44(a)), 3-30-1998; Ord. No. 07-04, § 3, 5-21-2007)

(a)

Application. The zoning classifications and regulations in this division shall apply only to properties in the JPA and expanded ETZ area which were in a zoning classification contained in this division under a corresponding provision of the county zoning code at the time the JPA and expanded ETZ area were created. No other property under the village's zoning jurisdiction may be zoned any of the zoning classifications in this division, except for use of the county A-1 Agriculture District (Exclusive) for farmland preservation tax credit purposes.

(b)

Rezonings. No property in the JPA or expanded ETZ area classified as one of the districts set forth in this division may be rezoned to any other district in this division, it being the intent that these provisions are to be used temporarily until such time as the parcels in the JPA or expanded ETZ area are rezoned using only the zoning classification found in other sections of the village zoning code, above, except for use of the county A-1 Agriculture District (Exclusive) for farmland preservation tax credit purposes.

(c)

Land divisions. No division of property with a zoning classification under this division shall be approved or allowed until that property is rezoned to an appropriate zoning classification other than under this division, pursuant to the procedures in this chapter except for use of the county A-1 Agriculture District (Exclusive) for farmland preservation tax credit purposes.

(d)

Regulations outside this division. The regulations of this division shall apply only in the JPA or expanded ETZ area and only to property designated one of the zoning classifications contained in this section. To the extent such regulations conflict with other regulations of this chapter, the regulations of this division shall apply to property both in the JPA or expanded ETZ area and classified under one of the zoning districts contained in this division. The regulations in this section shall not apply outside the JPA and expanded ETZ area. Any other regulations contained in this chapter which do not conflict with any regulations in this division (including definitions) shall be applicable in the JPA and expanded ETZ area and shall apply to property in a zoning district classification found in this division, such provisions being supplementary to the provisions of this division.

(Code 1998, § 106-789; Ord. No. 98-2, § 4(13-1-44(b)), 3-30-1998; Ord. No. 07-04, § 3, 5-21-2007; Ord. No. 17-6, § 1, 12-18-2017)

Regulations for the special temporary zoning classifications in the joint planning area are as follows:

(1)

County R-1 Residence District.

a.

Permitted uses. Permitted uses for the county R-1 Residence District are as follows:

1.

Single-family detached dwellings;

2.

Utility services;

3.

Home occupations, as defined in section 133-857;

4.

Uses and buildings, clearly incidental and necessary to permit use on the premises;

5.

Community living arrangements for less than nine persons. Foster homes for less than five children licensed under Wis. Stats. § 48.62.

b.

Building height limit. Building height limits for the county R-1 Residence District are as follows:

1.

For residential dwelling, 2½ stories or 35 feet.

2.

Accessory buildings shall not exceed 12 feet in height.

c.

Lot width and area. Lot width and area requirements for the county R-1 Residence District are as follows:

1.

Unsewered lots shall be not less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet.

2.

Sewered lots shall be not less than 100 feet in width at the building setback line and have an area of not less than 15,000 square feet.

d.

Lot coverage. In the county R-1 Residence District, no building together with its accessory buildings shall occupy in excess of 30 percent of the area of an interior lot or 35 percent of the area of a corner lot.

e.

Setback requirements. In the county R-1 Residence District, setback from front lot line or highway right-of-way lines shall conform to the requirements of section 133-862.

f.

Side yard requirements. In the county R-1 Residence District, there shall be total side yards of not less than 25 feet and no single side yard shall be less than ten feet.

g.

Rear yard requirements. In the county R-1 Residence District, the minimum depth of any rear yard shall be 50 feet.

(2)

County R-2 Residence District.

a.

Permitted uses. All uses permitted in the county R-1 Residence District.

b.

Building height limit.

1.

Residential dwelling, two and one-half stories or 35 feet.

2.

Accessory buildings shall not exceed 12 feet in height.

c.

Lot width area.

1.

Unsewered lots shall be not less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet.

2.

Sewered lots shall be not less than 75 feet in width at the building setback line and have an area of not less than 10,000 square feet.

d.

Lot coverage. No building together with its accessory buildings shall occupy in excess of 35 percent of the area of an interior lot or 40 percent of the area of a corner lot.

e.

Setback requirements. Setback from front lot line or highway right-of-way lines shall conform to the requirements of section 133-862.

f.

Side yard requirements. The minimum width of any side yard shall be ten feet.

g.

Rear yard requirements. The minimum depth of any rear yard shall be 35 feet.

(3)

County R-3 Residence District.

a.

Permitted uses. Permitted uses for the county R-1 Residence District shall be all uses permitted in the county R-1 Residence District.

b.

Building height limit. Building height limits for the county R-3 Residence District shall be as follows:

1.

For a residential dwelling 2½ stories or 35 feet.

2.

Accessory buildings shall not exceed 12 feet in height.

c.

Lot width and area. Lot width and area requirements for the county R-3 Residence District are as follows:

1.

Unsewered lots shall be not less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet.

2.

Sewered lots shall be not less than 60 feet in width at the building setback line and have an area of not less than 8,000 square feet.

d.

Lot coverage. In the county R-3 Residence District, no building together with its accessory buildings shall occupy in excess of 35 percent of the area of an interior lot or 40 percent of the area of a corner lot.

e.

Setback requirements. In the county R-3 Residence District, setback from front lot line or highway right-of-way lines shall conform to the provisions of section 133-862.

f.

Side yard requirements. In the county R-3 Residence District, the minimum width of any side yard shall be ten feet.

g.

Rear yard requirements. In the county R-3 Residence District, the minimum depth of any rear yard shall be 25 feet.

(4)

County R-3A Residence District.

a.

Permitted uses. Permitted uses in the county R-3A Residence District are as follows:

1.

All uses permitted in the county R-1 Residence District;

2.

Duplexes.

b.

Building height limit. Building height limits in the county R-3A Residence District are as follows:

1.

Residential dwellings, 2½ stories or 35 feet;

2.

Accessory buildings shall not exceed 12 feet in height.

c.

Lot width and area. Lot width and area for county R-3A Residence Districts are as follows:

1.

Unsewered lots for both single-family and duplex dwellings shall be not less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet;

2.

Sewered lots for single-family dwellings shall be not less than 60 feet in width at the building setback line and have an area of not less than 8,000 square feet;

3.

Sewered lots for duplex dwellings shall be not less than 75 feet in width at the building setback line and have an area of not less than 10,000 square feet.

d.

Lot coverage. In the county R-3A Residence District, no building together with its accessory buildings shall occupy in excess of 30 percent of the area of an interior lot or 35 percent of the area of a corner lot.

e.

Setback requirements. In the county R-3A Residence District, setback from front lot line or highway right-of-way line shall conform to the requirements of section 133-862.

f.

Side yard requirements. In the county R-3A Residence District, the minimum width of any side yard shall be ten feet.

g.

Rear yard requirements. Rear yard requirements for the county R-3A Residence District are as follows:

1.

For single-family dwellings, the minimum depth of any rear yard shall be 25 feet.

2.

For duplex dwellings, the minimum depth of any rear yard shall be 35 feet.

h.

Off-street parking. For duplex dwelling units in the county R-3A Residence District, off-street parking shall be provided as required in section 133-863.

(5)

County R-4 Residence District.

a.

Permitted uses. Permitted uses in the county R-4 Residence District are as follows:

1.

All uses permitted in the county R-3A Residence District;

2.

Multiple-family dwellings, condominiums;

3.

Community living arrangements for from nine to 15 persons.

b.

Building height limit. Building height limit for the county R-4 Residence District are as follows:

1.

Single-family and duplex dwellings, 2½ stories or 35 feet.

2.

Multiple-family dwellings, four stories.

3.

Accessory buildings shall not exceed 12 feet in height.

c.

Lot width and area. Lot width and area for the county R-4 Residence District are as follows:

1.

Unsewered lots for single-family, duplex dwellings and multiple-family dwellings shall be not less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet;

2.

Sewered lots.

(i)

Lots for single-family and duplex dwelling units shall be the same as the county R-3A Residence District;

(ii)

Lots for multiple-family dwellings shall be not less than 60 feet in width at the building setback line and have an area of not less than 8,000 square feet.

d.

Lot area and coverage. Lot area and coverage for the county R-4 Residence District are as follows:

1.

For single-family and duplex dwellings, the lot coverage shall be the same as for county R-3A Residence District;

2.

Unsewered lots for multiple-family dwellings shall provide a minimum of 5,000 square feet of lot area for each dwelling unit;

3.

Sewered lots for multiple-family dwellings shall provide a minimum of 2,000 square feet of lot area for each efficiency, one bedroom, and two bedroom dwelling unit and a minimum of 2,250 square feet of lot area for each three bedroom or more dwelling units. If a building contains a mixture of efficiency, one and two bedroom and three or more bedroom dwelling units, the lot area requirements shall be prorated. In computing lot areas for multiple-family dwelling complexes, private roads, driveways, parking areas, and recreational areas common to all of the buildings in the complex shall be considered as part of the total area of the complex.

e.

Setback and front yard requirements. Setback and front yard requirements for the county R-4 Residence District are as follows:

1.

Setback from both the front lot line and any road right-of-way lines shall conform to the requirements of section 133-862;

2.

Private roads or driveways within a multiple-family dwelling complex shall not be considered a road for determining setback;

3.

Multiple-family dwelling buildings located in the interior of a complex shall provide a front yard of not less than 15 feet, each building shall be provided with its own front yard area irrespective of the yards required for other buildings.

f.

Side yard requirements. Side yard requirements for the county R-4 Residence District are as follows:

1.

For single-family and duplex buildings, the side yards shall be a minimum of ten feet on each side.

2.

Multiple-family dwelling buildings shall adhere to the following requirements:

(i)

Buildings which are two stories or less in height shall have a minimum ten-foot side yard on each side of the building;

(ii)

Buildings which are more than two stories in height shall have side yards as follows:

A.

If the side of a building does not include any windows for apartment dwellings a minimum side yard of ten feet on that side is required;

B.

If the side of a building does include windows for apartment dwellings an additional five feet of side yard for each story over two stories is required on that side.

(iii)

Buildings located within a complex shall each be provided with their own side yard areas irrespective of the yards required for other buildings.

g.

Rear yard. Rear yard requirements for the county R-4 Residence District are as follows:

1.

For single-family dwellings and duplex buildings, the rear yards shall be a minimum of 25 feet.

2.

For multiple-family dwellings not exceeding two stories, the rear yard shall be not less than 25 feet. For buildings exceeding two stories, the rear yard shall be increased by five feet for each story over two stories.

h.

Off-street parking. Off-street parking for the county R-4 Residence District shall be provided as required in section 133-863.

(6)

County RH-1 Rural Homes District.

a.

Permitted uses. Permitted uses for the county RH-1 Rural Homes District are as follows:

1.

All uses permitted in the county R-1 Residence District;

2.

Agricultural uses, the number of livestock kept on a zoning lot in the county RH-1 Rural Homes District shall not exceed one animal unit for each full area;

3.

Home occupations, as defined in section 133-857;

4.

Utility services;

5.

Uses and buildings, clearly incidental and necessary to a permitted use on the premises.

b.

Building height limit. Residential buildings in the county RH-1 Rural Homes District shall not exceed 2½ stories or 35 feet.

c.

Lot width and area. In the county RH-1 Rural Homes District, the minimum lot width shall be 150 feet to be measured at the front building line of a residence, also at the location of any accessory building for the housing of livestock; the minimum lot area shall be not less than two acres.

d.

Lot coverage. In the county RH-1 Rural Homes District, no residential building together with its accessory buildings shall cover in excess of ten percent of the lot area.

e.

Setback requirements. Setback from front lot line or highway right-of-way lines in the county RH-1 Rural Homes District shall conform to the requirements of section 133-862.

f.

Side yard requirements. Side yard requirements in the county RH-1 Rural Homes District are as follows:

1.

For residential buildings there shall be a total of 25 feet of side yards and no single side yard shall be less than ten feet;

2.

Accessory buildings for the housing of livestock shall be located not less than 50 feet from any side lot line;

3.

Other accessory buildings shall be located not less than ten feet from any side lot line.

g.

Rear yard requirements. Rear yard requirements in the county RH-1 Rural Homes District are as follows:

1.

For residential buildings, the minimum rear yards shall be not less than 50 feet;

2.

Accessory buildings for the housing of livestock shall be located not less than 50 feet from any rear lot line;

3.

Other accessory buildings shall be located not less than ten feet from any rear lot line.

(7)

County RH-2 Rural Homes District.

a.

Permitted uses. Permitted uses in the county RH-2 Rural Homes District are all uses permitted in the county RH-1 Rural Homes District.

b.

Building height limit. Building height limit in the county RH-2 Rural Homes District shall be the same as the county RH-1 Rural Homes District.

c.

Lot width and area. The minimum lot width in the county RH-2 Rural Homes District shall be 150 feet to be measured at the front building line of a residence, also at the location of any accessory building for the housing of livestock; the minimum lot area shall be not less than four acres.

d.

Lot coverage, setback, side yard and rear yard requirements. Lot coverage, setback, side yard and rear yard requirements for the county RH-2 Rural Homes District shall be the same as for the county RH-1 Rural Homes District.

(8)

County RH-3 Rural Homes District.

a.

Permitted uses. Permitted uses in the county RH-3 Rural Homes District are all uses permitted in the county RH-1 Rural Homes District;

b.

Conditional uses. Conditional uses in the county RH-3 Rural Homes District are all conditional uses permitted in the county RH-1 Rural Homes District;

c.

Building height limit. Building height limit in the county RH-3 Rural Homes District shall be the same as the county RH-1 Rural Homes District;

d.

Lot width and area. The minimum lot width in the county RH-3 Rural Homes District shall be 150 feet to be measured at the front building line of a residence, also at the location of any accessory building for the housing of livestock; the minimum lot area shall be not less than eight acres;

e.

Lot coverage, setback, side yard and rear yard requirements. Lot coverage, setback, side yard and rear yard requirements for the county RH-3 Rural Homes District shall be the same as county RH-1 Rural Homes District.

(9)

County RH-4 Rural Homes District.

a.

Permitted uses. Permitted uses in the county RH-4 Rural Homes District are all uses permitted in the county RH-1 Rural Homes District;

b.

Building height limit. Building height limit in the county RH-4 Rural Homes District shall be the same as the county RH-1 Rural Homes District;

c.

Lot width and area. The minimum lot width in the county RH-4 Rural Homes District shall be 150 feet to be measured at the front building line of a residence, also at the location of any accessory building for the housing of livestock; the minimum lot area shall be not less than 16 acres;

d.

Lot coverage, setback, side yard and rear yard requirements. Lot coverage, setback, side yard and rear yard requirements for the county RH-1 Rural Homes District shall be the same as for the county RH-1 Rural Homes District.

(10)

County B-1 Local Business District.

a.

Intent and purpose. The county B-1 Local Business District is to provide a zoning district for retail businesses and services that do not include manufacturing or major assembly of items or products. Residential use is intended to be limited, outside storage of items is restricted and landscaping of properties is required.

b.

Permitted uses. The following are permitted uses in the county B-1 Local Business District:

1.

Retail sales or retail service businesses including related services but not including sales, servicing or repair of motor vehicles or any business or service for which the items offered for sale or which require service are stored, parked or displayed outside of a building, except as provided by this division;

2.

Outdoor sales events limited to two events per year. For purposes of this subsection, a single event is one which is held on consecutive days of not more than ten days in duration;

3.

Storage of items or materials incidental to an established retail or service use on the premises but not to serve any other business or location. Such storage shall be in an enclosed building or enclosed area as provided by section 133-861. Miniwarehouses are considered to be warehousing and are not permitted in the county B-1 Local Business District;

4.

Medical, dental and veterinary clinics;

5.

Banks, offices and office buildings;

6.

Utility services;

7.

Schools and educational facilities except truck driving or construction equipment operator schools;

8.

Recreational facilities affiliated with a permitted B-1 use and which are not lighted for night operation;

9.

Rental or lease of boat slips;

10.

Private clubs or organizations;

11.

Theaters and auditoriums.

c.

Building height limit. Building height in the county B-1 Local Business District shall be limited to the lesser of six stories or 75 feet. A conditional use permit is required for buildings proposed to be over four stories in height;

d.

Area, frontage and population density regulations. Area, frontage and population density regulations for the county B-1 Local Business District are as follows:

1.

For parcels or sites to be used exclusively for business purposes, there is no minimum parcel width and no area limitations. Buildings shall not occupy in excess of 60 percent of the area of a parcel;

2.

Parcels or sites which will be used for multifamily residential purposes or for combined business and apartment uses shall not be less than 60 feet in width at the building setback line and shall provide parcel areas as follows:

(i)

On parcels not serviced by public sewer a minimum of 5,000 square feet of parcel area shall be provided for each apartment;

(ii)

On parcels serviced by public sewer a minimum parcel area shall be provided as follows:

A.

For each efficiency apartment and apartments which have one or two bedrooms a parcel area of 2,000 square feet shall be provided;

B.

For each apartment containing three or more bedrooms a minimum of 2,250 square feet of parcel area shall be provided.

(iii)

The setback, side yard, rear yard and parking space areas may be used to satisfy the required parcel area for apartments.

e.

Setback from road and front property line and front yard requirements. Setback from road and front property line and front yard requirements in the county B-1 Local Business District are as follows:

1.

Buildings in rural areas shall be set back from both the front lot line and any road right-of-way as provided by section 133-862;

2.

Buildings in urban areas which are used strictly for commercial uses shall be set back from both the front lot line and any road right-of-way a minimum distance of five feet;

3.

Buildings in urban areas which are used for residential uses or a combination of commercial and residential uses shall be set back from the front property line and any road right-of-way as provided by section 133-862;

4.

Private roads or driveways within a multiple-family dwelling or business building complex shall not be considered a road for determining setback;

5.

Buildings located in the interior of a complex shall provide a front yard of not less than 15 feet. Each building shall be provided with its own front yard area irrespective of the yards required for other buildings.

f.

Side yard requirements. Side yard requirements for the county B-1 Local Business District are as follows:

1.

Buildings which are two stories or less in height shall have a minimum ten-foot side yard on each side of the building;

2.

Buildings which are more than two stories in height shall have side yards as follows:

(i)

If the side of a building does not include any windows for apartment dwellings or offices a minimum side yard of ten feet on that side is required;

(ii)

If the side of a building does include windows for apartment dwellings or offices an additional five feet of side yard for each story over two stories is required on that side.

3.

Buildings located within a complex shall each be provided with their own side yard area irrespective of the yards required for other buildings.

g.

Rear yard area requirements. Rear yard area requirements for the county B-1 Local Business District are as follows:

1.

Buildings which are two stories or less in height shall have a minimum rear yard of ten feet;

2.

Buildings which are more than two stories in height shall have rear yards as follows:

(i)

If the rear of a building does not include any windows for apartment dwellings or offices a minimum rear yard of ten feet is required;

(ii)

If the rear of a building does include windows for apartment dwellings or offices an additional five feet of rear yard for each story over two stories is required.

3.

Buildings located within a complex shall each be provided with their own rear yard areas irrespective of the yards required for other buildings.

h.

Off-street parking. In the county B-1 Local Business District, off-street parking space shall be provided in accordance with the provisions of section 133-863;

i.

Screening provisions. On lots in the county B-1 Local Business District which are adjacent to or abutting land in a residence district, screening shall be provided in accordance with the provisions of section 133-861(7);

j.

Landscaping. In the county B-1 Local Business District, all properties on which new construction or expansion of use is proposed shall provide landscaping in accordance with section 133-861;

k.

Truck parking. In the county B-1 Local Business District, truck parking is subject to section 133-861(1)c.

(11)

County A-B Agriculture-Business District. The county A-B Agriculture-Business District is designed to provide for those uses which are commercial in nature; are associated with local agricultural production; require a rural location due to extensive land area needs or proximity of resources; and do not require urban services.

a.

Permitted uses. Permitted uses in the county A-B Agriculture-Business District are as follows:

1.

Sales, service and repair of machinery and equipment used in farming;

2.

Sales distribution, mixing, blending and storage of feeds, seeds and fertilizer;

3.

Livestock and farm commodity trucking services;

4.

Processing and preserving of natural agricultural products, fruits and vegetables;

5.

Sale, service and repair of lawn and garden equipment;

6.

Sales and distribution of nursery stock and plants;

7.

Residential use for an owner of the business;

8.

Sales and service of small scale methane generating equipment and alcohol distilling equipment that is designed for use in a farm operation;

9.

Sales and service of wind driven electrical generating equipment.

b.

Building height limit. Building height limits in the county A-B Agriculture-Business District are as follows:

1.

For buildings containing offices, sales rooms and service areas, and residential buildings, the maximum height shall be 2½ stories or 35 feet;

2.

For all other buildings such as silos, bins and feed and seed storage facilities, no maximum height.

c.

Area and lot width. In the county A-B Agriculture-Business District, a lot shall be not less than 100 feet in width at the building setback line and have an area of at least 20,000 square feet;

d.

Density. In the county A-B Agriculture-Business District, buildings shall not occupy more than 60 percent of the area of an interior or corner lot;

e.

Setback requirements. In the county A-B Agriculture-Business District, buildings that are erected, altered or moved shall be set back not less than is prescribed in section 133-862;

f.

Side yard requirements. In the county A-B Agriculture-Business District, the side yard requirement shall be ten feet;

g.

Rear yard requirements. In the county A-B Agriculture-Business District, the rear yard requirement shall be ten feet;

h.

Off-street parking. In the county A-B Agriculture-Business District, off-street parking shall be provided as required by section 133-863.

(12)

County A-1 Agriculture District (Exclusive).

a.

Statement of purpose. The purposes of the county A-1 Exclusive Agriculture District are to preserve productive agricultural land for food and fiber production; preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs; maintain a viable agricultural base to support agricultural processing and service industries; prevent conflicts between incompatible uses; reduce costs for providing services to scattered nonfarm uses; pace and shape urban growth; implement the provisions of the county agricultural plan when adopted and periodically revised; and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Wis. Stats. § 71.613.

b.

Lands to be included within the county A-1 Exclusive Agriculture District. This district is generally intended to apply to lands in productive farm operations including lands historically exhibiting good crop yields or capable of such yields; lands which have been demonstrated to be productive for dairying, livestock raising and grazing; other lands which are integral parts of such farm operations; land used for the production of specialty crops such as mint, sod, fruits and vegetables; and lands which are capable of productive use through economically feasible improvements such as irrigation.

c.

Permitted uses. Permitted uses in the county A-1 Exclusive Agriculture District are as follows:

1.

Agricultural use as defined in Wis. Stats § 91.01(2);

2.

Residence for farm owner/operator. Substantial income must be derived from the farm operation;

3.

Residences for owners of at least 35 acres of land that existed prior to January 1, 2014, shall be considered a permitted use;

4.

Secondary farm residences which are occupied by a person who, or a family at least one member of which earns more than 50 percent of their gross income from farm operations on the farm;

5.

Rental of existing or secondary residences no longer utilized in the operation of the farm;

6.

Day cares meeting the standards of Wis. Stats § 91.01(1);

7.

Utility uses meeting the standards of Wis. Stats § 91.44(f);

8.

Roadside stands meeting the standards of Wis. Stats § 91.01(1);

9.

Structures and improvements consistent with agricultural uses;

10.

Home occupations meeting the standards of Wis. Stats § 91.01(b) or (d).

d.

Building height limits. Building height limits in the county A-1 Exclusive Agriculture District are as follows:

1.

Residential dwellings shall not exceed two and one-half stories or 35 feet in height;

2.

Residential accessory buildings shall not exceed 16 feet in height;

3.

For agricultural accessory buildings there is no limitation on height.

e.

Area, frontage and population density regulations. Area, frontage and population density regulations in the county A-1 Exclusive Agriculture District are as follows:

1.

The minimum lot size to establish or maintain a farm operation is 35 acres;

2.

The minimum lot size for residential uses shall be the same as for the county R-1 Residence District.

f.

Setback requirements. In the county A-1 Exclusive Agriculture District, no building, including barns and other farm buildings of any description whatsoever, shall be erected, moved or structurally altered so as to be nearer the highway than is prescribed by section 133-862;

g.

Side yard requirements. Side yard requirements in the county A-1 Exclusive Agriculture District are as follows:

1.

Side yards for residential dwellings and residential accessory buildings shall be the same as for the county R-1 Residence District;

2.

Accessory buildings, cages or hives for housing of animals or insects shall be located at least 100 feet from a county R-1, R-1A, R-2, R-3, R-3A or R-4 Residence District, except with respect to existing structures when the residence district has been created for an existing farm residence or by separating a farm residence from a farm property and the separated parcel has been rezoned to a residence district after or at the time of the division.

h.

Rear yard requirements. Rear yard requirements in the county A-1 Exclusive Agriculture District are as follows:

1.

Rear yards for residential dwellings and residential accessory buildings shall be the same as for the county R-1 district;

2.

Accessory buildings, cages, kennels, hives and runs for housing of animals or insects shall be located at least 100 feet from a county R-1, R-1A, R-2, R-3, R-3A or R-4 Residence District, except with respect to existing structures when the residence district has been created for an existing farm residence or by separating a farm residence from a farm property and the separated parcel has been rezoned to a residence district after or at the time of the division.

i.

General provisions applicable to the county A-1 Exclusive Agriculture District. In addition to the conditions provided for in section 133-861(1), the following additional conditions shall apply:

1.

Residential and residential accessory buildings on parcels of less than 35 acres in the county A-1 Exclusive Agriculture District shall comply with the lot width and area standards applicable in the county R-1 Residence District;

2.

The keeping or raising of livestock is not permitted on parcels in the county A-1 Exclusive Agriculture District which have an area of less than five acres;

3.

Any residential building or its accessory building that is located on a substandard parcel as defined herein and which is destroyed by fire, explosion, act of God or act of public enemy may be rebuilt provided the locational requirements of the county R-1 Residence District are complied with;

4.

The provisions of section 133-861(1)b.1 pertaining to real estate offices do not apply to lands in this district.

j.

Rezoning of land in the county A-1 Exclusive Agriculture District. No land in the county A-1 Exclusive Agriculture District shall be rezoned except in accordance with the requirements of Wis. Stats. § 91.48, and the village shall provide the report required therein.

(13)

County A-2 Agriculture District.

a.

Statement of purpose. The purpose of the county A-2 Agriculture District is to provide for low density land uses compatible with agricultural and other rural uses and to accommodate agricultural uses on parcels of less than 35 acres;

b.

Permitted uses. Permitted uses in the county A-2 Agriculture District are as follows:

1.

Agricultural uses;

2.

Single-family detached residences;

3.

Utility services;

4.

Home occupations as defined in section 133-857(2);

5.

Accessory buildings.

(i)

Accessory buildings include private garages and buildings clearly incidental to a permitted use of the premises. Such buildings shall not be used for residential purposes. The building shall not be used for the storage of goods or merchandise considered to be a dealer's inventory or for storage of machinery or equipment used off of the premises for other than agricultural purposes;

(ii)

Accessory buildings may be built on parcels of land in the county A-2 Agriculture District without the necessity of there being a residence on the property.

c.

Building height limits. Building height limits in the county A-2 Agriculture District are as follows:

1.

Residential dwellings shall not exceed 2½ stories or 35 feet in height;

2.

Residential accessory buildings shall not exceed 16 feet in height;

3.

For agricultural accessory buildings there is no limitation on height.

d.

Area, frontage and population density regulations. Area, frontage and population density regulations in the county A-2 Agriculture District are as follows:

1.

A-2(1) = Minimum one acre;

2.

A-2(2) = Minimum two acres;

3.

A-2(4) = Minimum four acres;

4.

A-2(8) = Minimum eight acres;

5.

A-2 = Minimum 16 acres;

6.

Keeping of livestock:

(i)

On parcels of less than two acres the keeping of livestock is not permitted;

(ii)

On parcels of less than three acres through 16 acres livestock shall be limited to one animal unit per each full acre;

(iii)

On parcels of more than 16 acres, no limit to the number of livestock;

7.

Salvage recycling centers: Minimum area is three acres;

8.

For residential uses, the lot width and area shall be the same as for the county R-1 Residence District;

9.

For other permitted uses, there shall be no minimum width or area except for those uses for which special setback and side yard requirements have been established.

e.

Setback requirements. Setback requirements in the county A-2 Agriculture District, no building, including barns and other farm buildings of any description whatsoever, shall be erected, moved or structurally altered so as to be nearer the highway than is prescribed by section 133-862.

f.

Side yard requirements. Side yard requirements in the county A-2 Agriculture District are as follows:

1.

Side yards for residential dwellings and residential accessory buildings shall be the same as for the county R-1 Residence District;

2.

Accessory buildings, cages, kennels, hives and runs for housing of animals or insects shall be located at least 100 feet from a county R-1, R-1A, R-2, R-3, R-3A or R-4 Residence District, except with respect to existing structures when the residence district has been created for an existing farm residence or by separating a farm residence from a farm property and the separated parcel has been rezoned to a residence district after or at the time of the division.

g.

Rear yard requirements. Rear yard requirements in the county A-2 Agriculture District are as follows:

1.

Rear yards for residential dwellings and residential accessory buildings shall be the same as for the county R-1 Residence District;

2.

Accessory buildings, cages, kennels, hives and runs for housing of animals or insects shall be located at least 100 feet from a county R-1, R-1A, R-2, R-3, R-3A or R-4 Residence District, except with respect to existing structures when the residence district has been created for an existing farm residence or by separating a farm residence from a farm property and the separated parcel has been rezoned to a residence district after or at the time of the division.

(14)

County A-3 Agriculture District.

a.

Permitted uses. Permitted uses in the county A-3 Agriculture District are all uses permitted in the county A-1 Exclusive Agriculture District;

b.

Building height limit. Building height in the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District;

c.

Area, frontage and population density regulations. Area, frontage and population density regulations in the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District;

d.

Setback requirements. Setback requirements in the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District;

e.

Side yard requirements. Side yard requirements in the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District;

f.

Rear yard requirements. The minimum rear yard in the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District;

g.

General provisions. General provisions applicable to the county A-3 Agriculture District shall be the same as for the county A-1 Exclusive Agriculture District.

(15)

County C-1 Commercial District.

a.

Permitted uses. Permitted uses in the county C-1 Commercial District are as follows:

1.

Retail and service uses including, but not limited to, grocery stores, drugstores, hardware stores, appliance and furniture stores, barbershops and beauty shops without limitation as to size;

2.

Self-service laundries and dry cleaning establishments;

3.

Warehousing and storage incidental to a permitted use on the premises. Miniwarehouses are excluded from use in the county C-1 Commercial District;

4.

Medical, dental and veterinary clinics;

5.

Banks, offices, office buildings and condominium office buildings devoting not more than two floors to office space;

6.

Utility services;

7.

Roominghouses and boardinghouses;

8.

Bakeries, printing plants, laundries, dry cleaning plants;

9.

Distribution centers and wholesale businesses;

10.

Woodworking shops, machine shops, manufacturing and assembly plants;

11.

Bicycle sales and service;

12.

Rental businesses, except for motor vehicles and construction machinery and equipment;

13.

Experimental laboratories not to exceed 5,000 square feet of floor area;

14.

Sales and repair of lawn and garden equipment;

15.

Games such as horseshoes, volleyball or similar activities not lighted for night operation;

16.

Marinas.

b.

Building height limit. Building height limit in the county C-1 Commercial District are as follows:

1.

For business buildings, including offices, the maximum building height shall be four stories, provided however, that no building may provide more than two stories devoted to office space;

2.

Lots or building sites for residential purposes or for combined business and residential uses shall comply with the requirements of the county R-4 Residence District.

c.

Area, frontage and population density regulations. Area, frontage and population density regulations in the county C-1 Commercial District shall be the same as for the county B-1 Local Business District.

d.

Setback requirements. Setback from front lot line or highway right-of-way in the county C-1 Commercial District shall comply with the provisions of section 133-862.

e.

Side yard requirements. Side yard requirements in the county C-1 Commercial District shall be the same as for the county B-1 Local Business District.

f.

Rear yard requirements. Rear yard requirements in the county C-1 Commercial District are as follows:

1.

For buildings to be used exclusively for business purposes the minimum depth of any rear yard shall be ten feet;

2.

For residential buildings, or buildings combining residential and business uses, the minimum depth of any rear yard shall be 25 feet.

g.

Off-street parking. In the county C-1 Commercial District, off-street parking space shall be provided in accordance with the provisions of section 133-863.

h.

Screening provisions. In the county C-1 Commercial District, on lots adjacent to or abutting land in a residence district, the screening provisions of section 133-861(7) shall be complied with prior to the issuance of a certificate of compliance or occupancy permit.

(16)

County C-2 Commercial District.

a.

Permitted uses. Permitted uses in the county C-2 Commercial District are as follows:

1.

All uses permitted in the county C-1 Commercial District without limitations as to size;

2.

Major repairs to motor vehicles;

3.

Sales of new and used motor vehicles;

4.

Sales of new and used mobile homes, recreational equipment rental, sales and service;

5.

Sales of new and used contractor's machinery and equipment;

6.

Repairs, storage and service of contractor's machinery and equipment;

7.

Rental and leasing of motor vehicles, contractor's machinery and equipment;

8.

Bulk fuel storage, sales and storage of lumber and building material;

9.

Truck and bus terminals;

10.

Auxiliary or supplemental electric generating stations;

11.

Fertilizer mixing or blending plants;

12.

Slaughterhouses, meat processing plants;

13.

Bottling plants;

14.

Utility services;

15.

Storage, repair and maintenance of carnival, concession and circus machinery and equipment;

16.

Automobile and truck driver training schools and construction equipment operator training schools that are privately owned and operated for profit;

17.

Parking or storing of motor vehicles;

18.

Storage or processing of scrap or waste materials, conducted entirely within a building;

19.

Warehouses;

20.

Games such as horseshoes, volleyball or similar activities not lighted for night operation;

21.

Miniwarehouses.

b.

Building height limit. The maximum height for all buildings in the county C-2 Commercial District shall be 50 feet. Tanks, storage bins, silos and towers shall not be subject to this limitation.

c.

Area, frontage and population density regulations. Area, frontage and population density regulations in the county C-2 Commercial District are as follows:

1.

The area and frontage shall be the same as for the county B-1 Local Business District;

2.

Any principal building together with its accessory building shall not cover more than 60 percent of the lot area.

d.

Setback requirements. In the county C-2 Commercial District, setback from front lot line or highway right-of-way shall conform to the provisions of section 133-862.

e.

Side yard requirements. Side yard requirements in the county C-2 Commercial District shall be the same as for the county B-1 Local Business District.

f.

Rear yard requirements. For business and commercial buildings in the county C-2 Commercial District, the minimum depth of any rear yard shall be ten feet.

g.

Screening provisions. On lots in the county C-2 Commercial District adjacent to or abutting land in a residence district, the screening provisions of section 133-861(7) shall be complied with prior to the issuance of a certificate of compliance or occupancy permit.

(Code 1998, § 106-791; Ord. No. 98-2, § 4(13-1-44(d)—(s)), 3-30-1998; Ord. No. 13-9, § 1, 5-6-2013; Ord. No. 17-6, § 2, 12-18-2017)

The following provisions apply only in the JPA and expanded ETZ area, and only to property designated under one of the zoning classifications contained in this division:

(1)

Use.

a.

Any use not listed as a permitted use in a district is prohibited in that district and, except as otherwise expressly provided, any use listed as a permitted use in any other district shall be construed as a prohibited use in any other district.

b.

The following uses shall be permitted in the districts specified when these uses do not alter the character of the premises in respect to their use for the purposes permitted in that district:

1.

In any district, real estate offices and signs advertising property for sale for a period not to exceed one year;

2.

In any district, temporary buildings and the temporary storage of materials and equipment incidental to the construction of buildings on the premises, for a period not to exceed one year.

c.

Storage or parking of motor vehicles.

1.

In the county R-1, R-2, R-3, R-3A, R-4 and RH-1 Residence Districts and on any lot in the county A-2 Agriculture District on which the principal use is residential, motor vehicles used for personal transportation, recreational vehicles, and trailers owned by persons who are resident on the premises may be parked or stored provided that the gross vehicle weight does not exceed 12,000 pounds;

2.

In the county A-B Agriculture-Business District, county B-1 Local Business District and the county C-1 Commercial District, motor vehicles that are accessory to a permitted and principal use on any lot can be stored or parked;

3.

Any automobile licensed as an antique or special interest vehicle under Wis. Stats. § 341.266 or parts cars therefor, can be stored on a lot in any district provided that those vehicles are stored as required by Wis. Stats. § 341.266(4);

4.

Farm trucks or trailers licensed under Wis. Stats. §§ 341.26(3)(a), (b) or 340.01(73) or 341.30, may be parked in an agriculture district;

5.

Trucks, whose gross vehicle weight exceeds 12,000 pounds, semitractors and semitrailers shall be stored or parked only in the county C-2 Commercial District or county M-1 Industrial District, except as otherwise provided by this division;

6.

Subject to Wis. Stats. § 341.266(4), a motor vehicle that is inoperable or unlicensed is considered as salvage or junk and can only be stored in a licensed salvage recycling center. A parts car stored as provided for in subsection (1)c.3 of this section shall not be subject to this subsection;

7.

Trucks licensed on a monthly or quarterly basis shall be considered as currently licensed if they have been licensed for at least one period during the previous year;

8.

The storage of not more than one motor vehicle of a type commonly known as a stock car, hobby car or the storage of any racing vehicle and parts therefor shall at all times be stored in an enclosed building, secluded from public view;

9.

School buses that are driven by a person who is a resident on the premises may be parked on a lot or parcel in any zoning district except for the following restriction in the residence districts: in the residence districts the lot area shall be not less than one acre.

d.

Parking of one truck or one road tractor or semitractor and its trailer in excess of 12,000 pounds gross vehicle weight is permitted in the residence and agricultural districts, subject to the following conditions:

1.

The vehicle shall be owned or operated by a person resident on the premises;

2.

In the residence districts the lot area shall be not less than one acre;

3.

The vehicle shall not be parked or stored within the required highway or road setback area;

4.

The vehicle shall not be parked closer than 300 feet to another residence;

5.

No new buildings shall be constructed for the housing of any aforedescribed vehicle;

6.

Before any truck or semitractor or its trailer can be parked or stored subject to the foregoing conditions: a certificate of compliance shall be issued by the zoning administrator.

e.

In the agriculture districts, the production of fuel, using products or byproducts from a farm operation on the premises, is a permitted use incidental to the farm operation. Surplus fuel not needed for the farm operation may be sold as any other farm commodity.

f.

Airports that are listed as "Personal by Owner Only" on an application to the state department of transportation, bureau of aeronautics, for airport site approval are permitted to locate in the agricultural and rural homes districts.

(2)

Height. Hospitals, churches, schools, radio transmission towers, water towers, chimneys, spires, penthouses, cupolas, silos, windmills and similar structures may be erected to a height greater than the maximum permitted in the district in which they are located; provided, however, that no part of that structure above the height limit shall be used for residential purposes.

(3)

Setback, front yard.

a.

In a district in which retail fuel sales are permitted, pumps, pump islands and related canopies may be located within the setback lines, but not closer to the lot line or highway right-of-way line than 20 feet. On corner lots, no pump, pump island or related canopy shall be closer to either street or highway than 20 feet. The total height of any overhead canopy shall not exceed 20 feet as measured to the highest point of the structure and shall be located a minimum of eight feet above grade;

b.

In case of interior lots having frontage on two side streets, no accessory building shall extend into the setback area of either street;

c.

When the side line of an interior lot is formed wholly or in part by the rear line of an abutting corner lot and the street side yard for the main building is less than the setback from the main building facing such street, the setback for the building on such interior lot may be modified so as to be midway between the side yard for the building on the corner lot and the setback from such street;

d.

In platted subdivisions recorded before the adoption of this section where a building line shall have been established by the construction of buildings on 30 percent of the lots in any one block, such established setback line shall be the setback for that block, but in no event shall such setback be less than 20 feet;

e.

No existing building, erected prior to the adoption of this section, which projects into the setback area shall be moved, structurally altered or added to so as to increase that part of the building projecting into the setback area. This provision shall not be construed to prohibit additions or alterations which conform to the setback requirements;

f.

For purposes of entry to a commercial or multifamily building, steps or stoops may be constructed in such a manner that they intrude into the required setback area provided such structures are not more than three feet above ground level and do not extend more than four feet into the required setback area;

g.

For purposes of entry to single-family or duplex residence buildings, steps, stoops or decks may be constructed in such a manner that they intrude into the required front yard setback area provided that any such steps, stoop or deck does not exceed a maximum height of five feet above ground level or exceed a width of 12 feet side to side, and provided, further, any such structure does not extend any further into the required setback area than a distance that would be the lesser of either ten feet or 50 percent of the distance from the building to the appropriate lot line. No such structure shall be enclosed. Railings which do not exceed 3½ feet in height and which are of open architecture and not solid in appearance are permitted;

h.

For single-family residences or duplex residence buildings, single-story bay windows may be constructed in such a manner that they project three feet or less into the front yard, provided that such windows do not occupy, in the aggregate, more than one-third of the front wall of the building;

i.

On lake front lots, accessory buildings may be located in front yards subject to the locational requirements of subsection (5)a.1 of this section, provided, however, that the setback requirements are met.

(4)

Side yards.

a.

Lots of nonconforming width.

1.

On lots 50 feet or more in width but less than 60 feet, the minimum aggregate side yards shall be 15 feet and no single side yard shall be less than five feet;

2.

On lots less than 50 feet in width the minimum side yard on each side shall be five feet.

b.

Corner lots.

1.

When the long side of a corner lot is formed by a class A, B or C highway the side yard on that street shall conform to the setback requirements for such highway.

2.

When the long side of a corner lot is formed by a class D or E highway, the setback from the lot line of the long side shall not be less than one-fifth of the lot depth measured from the long side except on lots of less than 60 feet, then the setback shall not be less than 12 feet. For buildings with attached garages facing the long side and having access to the long side of the lot, the minimum setback of the garage from the lot line shall be not less than 20 feet.

(5)

Rear yards.

a.

Location of accessory buildings in rear yards.

1.

On interior lots 60 feet or more in width no accessory building shall be erected, moved or added to so as to be nearer than four feet to the side lot or rear lot line; provided, however, if the front building line of any accessory building is located closer than ten feet from the rear building line of a residence, the same side and rear yards as required for a principal or residential building shall be maintained;

2.

On interior lots less than 60 feet in width no accessory building shall be erected, moved or added to so as to be nearer than 2½ feet to a side or rear lot line; provided, however, if the front building line of any accessory building is located closer than ten feet from the rear building line of a residence, the same side and rear yards as required for a principal or residential building shall be maintained;

3.

On interior lots abutting on two streets, or corner lots abutting on three streets, no accessory building shall be erected, moved or added to so as to be nearer the rear street than the setback for that street. This provision shall not apply to alleys;

4.

On corner lots abutting on two streets, no accessory building shall be erected, moved or added to so as to be nearer to the side street than the distance required for the main building on that street; provided, however, that for garages with entrances facing the side street, the minimum distance from such side street shall be 20 feet. When the rear lot line of the corner lot forms the side line of an adjoining or abutting lot, no accessory building shall be erected, moved or added to so as to be nearer such rear lot line than the side line required for the building on the adjoining lot.

b.

Permitted obstructions in a required rear yard.

1.

Steps or stoops to provide access to a building that is not more than three feet above ground level and which do not extend more than four feet into a required rear yard;

2.

One-story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than one-third of the rear wall of the building;

3.

Uncovered decks and porches that are supported by piers or posts may extend into any required rear yard by not more than 12 feet;

4.

Uncovered swimming pools both above and below ground, provided that they are located not closer than ten feet from any lot line;

5.

Free standing solar collectors, provided that they are located not closer than three feet from any lot line and not exceeding 12 feet in height.

(6)

Provisions applicable to all yards.

a.

No existing building, erected prior to the adoption of this section, which projects into a required yard shall be moved, structurally altered or added to so as to increase that part of the building's projection into the required yard. This provision shall not be construed to prohibit additions or alterations which conform to the setback requirements;

b.

Roof overhangs, soffits and awnings that are not supported to the ground may extend into any required yard by not more than three feet.

(7)

Screening. Screening shall consist of either a planted evergreen screen at least six feet in width and initially landscaped with four-foot tall evergreen shrubs to ultimately form a continuous hedge not less than five feet in height and maintained with healthy shrubs, or a decorative wall or fence without signs and impervious to sight not less than six feet nor more than eight feet in height shall be maintained along the interior boundaries of any lot in the county B-1, C-1, C-2, LC-1, LC-2 or M-1 district that is adjacent to land in the residence district to a point 15 feet from the street right-of-way.

(8)

Snowmobile and off-road vehicle operations.

a.

The operation of snowmobiles is permitted in any district, provided the operation is confined to those areas which are marked as part of the county-wide snowmobile trail system;

b.

Off-trail use of snowmobiles, motorcycles and all-terrain vehicles is permitted in the agricultural districts with the consent of the affected landowner.

(Code 1998, § 106-792; Ord. No. 98-2, § 4(13-1-44(t)), 3-30-1998; Ord. No. 07-04, § 3, 5-21-2007)

For the purpose of determining the distance buildings and other structures shall be set back from streets and highways, the streets and highways in the JPA and expanded ETZ area are divided into the following classes. The following provisions apply only in the JPA and expanded ETZ area and only to property designated under one of the zoning classifications contained in this division.

(1)

Class A highways.

a.

All state and federal highways are hereby classified class A highways;

b.

The setback line for a class A highway shall be 100 feet from the centerline of the highway right-of-way or 42 feet from the right-of-way line, whichever is greater;

c.

Service roads to class A highways a distance of 100 feet from the centerline of such highways shall be considered class C, D or E highways for the purpose of determining the setback along such service roads.

(2)

Class B highways.

a.

All county trunks except as otherwise provided, are hereby designated class B highways. For the purpose of this section any road will be considered as a county trunk after it has been placed on the county trunk system by the county board and approved by the state highway commission;

b.

The setback from class B highways shall be 75 feet from the centerline of any highway right-of-way or 42 feet from the right-of-way, whichever is greater.

(3)

Class C highways.

a.

All town roads and village streets not included within the boundaries of a recorded subdivision or plat are hereby designated class C highways;

b.

The setback from class C highways shall be 63 feet from the centerline of such highway right-of-way or 30 feet from the right-of-way line, whichever is greater; provided, however, that in the case of a service road, contiguous to the right-of-way of a main highway, where buildings can be built on only one side of such service road, the minimum setback shall be 30 feet, regardless of the width of such service road, and provided, further, that if such service road shall be a street in a platted subdivision, then the setback provisions governing such platted street shall apply.

(4)

Class D highways.

a.

Roads and streets in subdivisions platted prior to the adoption of this section, except those designated class A or class B highways, are hereby designated as class D highways;

b.

For all class D highways setback lines are hereby established, parallel to and distant 20 feet from the right-of-way line or front lot line.

(5)

Class E highways.

a.

All streets, highways and roads not otherwise classified are hereby designated class E highways;

b.

For all class E highways setback lines are hereby established, parallel to and distant 30 feet from the right-of-way or front lot line.

(Code 1998, § 106-793; Ord. No. 98-2, § 4(13-1-44(u)), 3-30-1998; Ord. No. 07-04, § 3, 5-21-2007)

The following provisions apply only in the JPA and expanded ETZ area and only to property designated under one of the zoning classifications contained in this division.

(1)

An off-street parking space shall be not less than eight feet in width if parallel to a curb or building, and not less than nine feet in width if angle parking is provided, and in no case shall any space be less than 19 feet in length. Parking spaces may be provided in either an open or enclosed area and shall be provided with adequate ingress or egress from a public street or road;

(2)

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum;

(3)

No parking spaces required under this division may be used for any other purpose; provided, however, that open spaces required by this division for setback and side yards may be used for such parking spaces and approaches thereto;

(4)

Parking space required.

a.

In the local business, commercial and light manufacturing and industrial districts, in addition to other parking spaces herein required, there shall be provided adequate off-street parking for the loading and unloading of trucks and other commercial vehicles and for the vehicles of employed personnel;

b.

Duplexes shall provide two off-street parking spaces; multiple-family dwellings, apartment houses and apartment house complexes shall provide two off-street parking spaces for each dwelling unit;

c.

Establishments offering curb service or services to customers who remain in the vehicle shall provide adequate space to accommodate all vehicles to be so serviced;

d.

Except for banks, office buildings and clinics, retail or local places of business shall provide one parking space for each 300 square feet of floor space devoted to retail sales. Banks, office buildings and clinics shall provide one such space for each 300 square feet of floor area;

e.

Buildings combining business and residential uses shall provide one parking space for each 200 square feet of area devoted to business uses, plus two parking spaces for each dwelling unit;

f.

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide one parking space for each seven seats. Outdoor theaters shall provide sufficient off-street parking for overflow parking;

g.

Hotels, lodginghouses and dormitories shall provide one parking space for each three guestrooms;

h.

Restaurants, taverns and the like, except curb service establishments, shall provide one parking space for each 50 square feet of space devoted to the use of patrons;

i.

Funeral parlors and mortuaries shall provide one parking space for each 50 square feet of floor space devoted to parlors;

j.

Bowling alleys shall provide five parking spaces for each alley;

k.

Garages and service stations shall provide adequate parking space for vehicles waiting to be serviced or repaired;

l.

Motels shall provide one parking space for each lodging room plus one space for each dwelling unit.

(Code 1998, § 106-794; Ord. No. 98-2, § 4(13-1-44(v)), 3-30-1998; Ord. No. 07-04, § 3, 5-21-2007)

The village shall collect fees for activities permitted in this division in the amounts established by the village board by resolution from time to time. Fees shall be collected as a condition of reviewing applications, granting or denying permits, performing reviews of documents by village staff, and additional administrative or other activities required in this chapter, including, but not limited to:

(1)

Zoning permit;

(2)

Certificate of compliance;

(3)

Site plan review;

(4)

Zoning amendment application;

(5)

Conditional use permit;

(6)

PUD-SIP review;

(7)

PUD-GDP review;

(8)

Board of zoning appeal filing;

(9)

Antenna permit;

(10)

Additional meetings;

(11)

Copies of maps and ordinances.

(Code 1998, § 106-795; Ord. No. 06-11, § 2, 11-20-2006)

The AO-H Airport Height Limitation Overlay District (for purposes of this division 27, the "district") is intended to regulate the height of structures and plantings relative to air travel associated with the Waunakee Airport, in order to protect the public health, safety, and welfare of airport users and residents within the surrounding area.

(Ord. No. 21-41, § 1, 12-20-2021)

The district applies to the following parcels (see figure 133-871(1) for general depiction of overlay boundary):

(1)

All parcels along Winston Way and Winston Circle that share a rear property line with the north side of the runway portion of the Waunakee Airport.

(2)

All parcels along Woodland Drive that share a rear property line with the Waunakee Airport.

(3)

The three parcels along Woodland drive that extend to the centerline of the Waunakee Airport runway if it were to be extended further to the west.

(4)

That portion of the parcel of land owned by the Waunakee Community School District situated west of the airport on the north side of Woodland Drive with its westerly boundary being Simon Crestway.

(Ord. No. 21-41, § 1, 12-20-2021)

The following requirements shall apply in the district.

(1)

Properties along the north and west boundary of the airport: no structures, or plantings of any kind allowed to grow greater than five feet in height, no semipermanent above ground fixtures, e.g., fences, raised bed gardens, storage shed of any height shall be permitted within 75 feet of the airport property line and as extended westward to Simon Crestway. Ground level gardens with annual plantings are permitted within this area if more than 25 feet from the airport property line; annual garden plants over five feet (e.g., corn) and temporary animal control fencing of gardens are acceptable in this 25 foot-75 foot zone provided such supports are frangible.

(2)

Properties along the south boundary of the airport and west of the airport: no structures, or plantings of any kind allowed to grow greater than five feet in height, no semi-permanent above ground fixtures, e.g., fences, raised bed gardens, storage shed of any height shall be permitted within 100 feet of the airport property line and as extended westward to Simon Crestway, or within 170 feet of the rear property line of the three parcels beyond the west end of the airport property. Ground level gardens with annual plantings are permitted within this area if more than 25 feet from the airport property line; annual garden plants over 5' (e.g., corn) and temporary animal control fencing of gardens are acceptable in this 25 foot—100 foot zone provided such supports are frangible. Portable athletic equipment may be placed on the property identified in section 133-871(4) provided it is located a minimum of 600 feet west of the westerly edge of the Waunakee Airport runway. Portable equipment shall not exceed 20 feet in height nor extend above the ground surface of the runway. Portable equipment shall be removed from the overlay zone when not in use.

(3)

The requirements of the district shall not apply retroactively to any structure or planting lawfully established before December 20, 2021, except that this requirement may affect the subsequent vertical expansion of an existing structure. Existing plantings in these setbacks exceeding the height limitation may not be replaced if lost for any reason.

(4)

Prior to issuing or authorizing a zoning permit or building permit, the zoning administrator may require any information deemed necessary to make a determination regarding compliance with the requirements of the district and/or may solicit input from the Wisconsin Bureau of Aeronautics. Required information may include the exact height, location, and current and finished ground elevation of the structure.

(5)

All allowable uses and structures within the district shall comply with all other applicable standards of the underlying zoning district and any other applicable overlay district requirements with regard to use, lot dimensions, intensity of use and structures, setbacks, height and all other dimensional and other requirements.

(Ord. No. 21-41, § 1, 12-20-2021)