[Added 8-13-2018 by Ord.
No. 658]
A.
Purpose. The purpose of this article is to indicate which land uses
may locate in each zoning district and under what requirements, and
which land uses may not locate therein. Certain land uses may locate
in a given district as a matter of right upon compliance with special
regulations for such a land use. A further distinction is made for
land uses that may locate in a given district only upon obtaining
a conditional use or temporary use permit.
B.
Regulation of allowable uses. The allowable land uses for each zoning district are established in this article. Detailed descriptions and regulations for uses are found in this article. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this chapter or unless an appropriate variance has been granted pursuant to § 245-54.
C.
Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter "P" in the Table of Land Uses; see § 245-111) are permitted per the general land use requirements of this article; per the area and other requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this chapter; and per any and all other applicable Village, county, state, and federal regulations.
D.
Principal land uses permitted as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in the Table of Land Uses; see § 245-111) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection C above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in § 245-16. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Except for uses approved under a general development plan and final development plan in a planned community development district (see Article VIII), all uses requiring a conditional use permit shall comply with the procedural requirements of § 245-16.
E.
Accessory land uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection C above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection D above. See § 245-117 for additional regulations applicable to accessory land uses.
All uses of land initiated within the jurisdiction of this chapter
on, or following, the effective date of the applicable section of
this chapter shall comply with all of the applicable provisions of
this chapter.
A.
Land use regulations and requirements. All uses of land shall comply
with all the regulations and requirements of this chapter pertaining
to the types of uses allowed within particular zoning districts. Such
regulations and requirements address both general and specific regulations
that land uses shall adhere to and which are directly related to the
protection of the health, safety, and general welfare of the residents
of the Village of Waterford.
B.
Area regulations and requirements. All development and use of land
shall comply with all the applicable area regulations of this chapter
pertaining to that development and use.
C.
Overlay zoning district requirements. All land use and/or development
of land shall comply with all the regulations and requirements of
this chapter pertaining to any applicable overlay zoning districts
of this chapter.
D.
Exterior site and building design standards. All new, remodeled, and expanded residential and nonresidential development shall comply with all applicable building and site design guidelines as required in § 245-56.6 of this chapter.
E.
Performance standards. All development of land shall comply with
all applicable requirements established in this chapter pertaining
to the provision of appropriate access, parking, loading, storage,
and lighting facilities. Such requirements address issues such as
minimum required parking spaces, the screening of storage areas, maximum
permitted intensity of lighting, as well as defining acceptable levels
of potential nuisances such as noise, vibration, odors, heat, glare,
and smoke.
F.
Landscape and preservation regulations. All development of land shall comply with all the regulations and requirements of Article XI of this chapter pertaining to the preservation of woodlands and mature trees and provision of landscaping and bufferyards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts, which are directly related to the effective bulk of a structure.
G.
Signage regulations. All land use and/or development of land shall comply with all requirements of Article VI pertaining to the type and amount of signage permitted on property. Such requirements address issues such as the maximum area of permitted signage and the number and types of permitted signage.
H.
Number of buildings per lot. Only one principal building shall be permitted on any one lot. More than one principal building may be permitted on any one lot upon granting of a conditional use permit allowing more than one building per lot (§ 245-16) or the approval of a Planned Community Development District in compliance Article VIII.
I.
Number of land uses per building. No combination of uses is allowed
in a building except as specifically set forth in this chapter.
J.
Planned community development requirements. All uses and/or development of land within a planned community development shall comply with all requirements of Article VIII.
K.
(Reserved)
L.
(Reserved)
M.
Nonconforming lots, uses, structures, and site requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in § 245-10F. Land uses located on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Article X.
N.
Site plan review required. The use of all new, altered or expanded buildings are subject to site plan review and approval in accordance with § 245-56.6 of this chapter, except for the following:
(1)
Single-family, two-family, and multiple-family residential uses
on individual lots in any zoning district.
(2)
Uses within a precise implementation plan in a planned community development in accordance with the procedures of Article VIII, provided that the precise implementation plan substantially conforms to the general development plan and provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.
O.
Procedural regulations and requirements. All land use and/or development
of land shall comply with all requirements of this chapter pertaining
to the procedures necessary to secure review and approval of land
use and/or development. Such regulations and restrictions address
both procedural and technical requirements.
P.
Compliance with building code requirements. When a permitted land
use is located in a building, such building shall comply with all
applicable building codes.
Q.
Dilapidated buildings. If the building inspector determines that a building is dilapidated as set forth in § 98-28 of this Municipal Code, such building cannot be used for a permitted land use until such time as the property owner remedies the situation or the Plan Commission, in consultation with the Building Inspector, approves a written remediation plan with an acceptable timeline for compliance.
The land use categories employed by this chapter are defined in this article. Land use categories that are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 245-59 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals that are not addressed by this chapter.
A.
Single-family dwelling regulations. A single-family dwelling is a dwelling designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot. See § 245-18 for the regulations for this use.
B.
Two-family dwelling land use regulations. A two-family dwelling is a dwelling designed for and occupied by not more than two families and having a roof, wall or floor in common with one other dwelling unit. See § 245-19 for the regulations for this use.
C.
Multiple-family dwelling land use regulations. A multiple-family
dwelling is a dwelling designed for and occupied by more than two
families and having a roof, wall or floor in common with other dwelling
units. This dwelling unit type may be located on its own lot or within
a planned community development district.
(1)
Covenants specifying respective obligations with regard to any
common structures, such as the shared wall, roof, and other inseparable
improvements, are required, unless the units remain in common ownership.
(2)
Any development comprised of more than one building or containing
six or more dwelling units shall provide additional site design features
such as underground parking, architectural elements, landscaping,
and/or on-site recreational facilities.
A.
Office. Office land uses include exclusively indoor land uses whose
primary functions are the handling of information or administrative
services. Office uses do not typically provide services directly to
customers on a walk-in or on-appointment basis. Offices in the Downtown
District may not be located in the first floor.
B.
Personal or professional service. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, hospitals, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and fitness studios and instructional studios (e.g., dance, art, and martial arts) where the occupancy load is 25 people or fewer as determined under the Wisconsin Commercial Building Code (if the occupancy load is more than 25 people, see Subsection F, below). Personal or professional services in the Downtown District may not be located on the first floor.
C.
Artisan studio. A building or portion thereof used for the preparation,
display and sale of individually crafted artwork, jewelry, furniture,
sculpture, pottery, leather craft, hand-woven articles, and related
items, as either a principal use or accessory use. Artisan land uses
shall provide a bufferyard with a minimum opacity of 0.60 along all
property borders abutting residentially zoned property.
D.
Indoor sales or service. Indoor sales or service land uses include
retail sales and similar land uses that conduct sales or display merchandise
or equipment and provide nonpersonal or nonprofessional services entirely
within an enclosed building. This includes pharmacies, dispensaries,
tobacco and vape stores, and self-service facilities such as coin-operated
laundromats.
E.
Outdoor display. Outdoor display land uses include land uses that conduct sales and display merchandise or equipment outside of an enclosed building. Examples include outdoor garden centers, outdoor recreation equipment sales, monument sales, and manufactured and mobile housing sales. Outdoor display uses do not include the storage or display of inoperable equipment or other materials typically associated with a junkyard or salvage yard. If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental indoor sales under § 245-117K. Outdoor display land uses shall adhere to the following listed regulations:
(1)
The outdoor sales area shall be calculated as the area which
would be enclosed by a required physical separation installed and
continually maintained in the most efficient manner which completely
encloses all materials displayed outdoors.
(2)
The display of items shall not be permitted in required setback
areas, landscape areas, bufferyards, or permanently protected green
space areas.
(3)
Inoperable vehicles or equipment, or other items typically stored
or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
(4)
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established in § 245-15. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(5)
Display areas shall be separated from any circulation area by
a minimum of 10 feet. This separation shall be clearly delimited by
a physical separation such as a greenway, curb, fence, or line of
planters or by a clearly marked paved area, except in the Downtown
District.
(6)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
(8)
Outdoor display shall be permitted during the entire calendar
year; however, if goods are removed from the display area all support
fixtures used to display the goods shall be removed within 10 calendar
days of the goods' removal.
F.
Indoor commercial entertainment. Indoor commercial entertainment
land uses include all land uses that provide entertainment services
entirely within an enclosed building. Such activities often have operating
hours that extend significantly later than most other commercial land
uses. Examples of such land uses include restaurants, taverns, theaters,
bowling alleys, arcades, roller rinks, pool halls, and fitness studios
and instructional studios (e.g., dance, art, and martial arts) where
the occupancy load is more than 25 people. Indoor commercial entertainment
land uses shall adhere to the following listed regulations:
(1)
If located on the same side of the building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 150 feet, or as far as possible, of a residentially zoned property,
except on the front of the building.
G.
Outdoor commercial entertainment. Outdoor commercial entertainment
land uses include all land uses that provide entertainment services
partially or wholly outside of an enclosed building. Such activities
often have the potential to be associated with nuisances related to
noise, lighting, dust, trash, and late operating hours. Examples of
such land uses include outdoor commercial swimming pools, driving
ranges, miniature golf facilities, amusement parks, drive-in theaters,
ski hills, marinas, and water parks. Outdoor commercial entertainment
land uses shall adhere to the following listed regulations:
(1)
Activity areas shall not be located closer than 300 feet to
a residentially zoned property.
(2)
The facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (see Article XI).
(3)
The site must be planned so that activity areas (including drive-in
movie screens) shall not be visible from any residentially zoned property.
(4)
Outdoor commercial entertainment activities proposed in a public
right-of-way or on Village-owned property must receive Village Board
approval of a special event permit for such use, in addition to any
required conditional use permit.
H.
In-vehicle sales or service. In-vehicle sales and service land uses
include all land uses which perform sales and/or services to persons
in vehicles or to vehicles which may or may not be occupied at the
time of such activity (except vehicle repair and maintenance services).
Such land uses often have traffic volumes that exhibit their highest
levels concurrent with peak traffic flows on adjacent roads. Examples
of such land uses include drive-in, drive-up, and drive-through food
or retail facilities, vehicular fuel stations, and all forms of car
washes. If performed in conjunction with a principal land use (e.g.,
a convenience store, restaurant, or bank), in-vehicle sales and service
land uses shall be considered an accessory use. The following regulations
shall apply:
(1)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(2)
The drive-through facility shall be designed so as not to impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(3)
In no instance shall a drive-through facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this section.
(4)
The setback of any overhead canopy or similar structure shall
be a minimum of 10 feet from all street right-of-way lines, a minimum
of 20 feet from all residentially zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy or similar structure shall not exceed
20 feet per the measurement of roof height.
(5)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material that is designed to meet
the requirements of a minimum four-ton axle load.
(6)
The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XI).
(7)
Interior curbs shall be used to separate driving areas from
exterior fixtures such as fuel pumps, vacuums, menu boards, canopy
supports, and landscaped islands. Said curbs shall be a minimum of
six inches high and shall be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
(8)
Any text or logo larger on an overhead canopy or other accessory structure shall be subject to regulation under Article VI of this chapter (the Sign Code).
(9)
In-vehicle sales or services are not allowed in the Downtown
District.
I.
Bed-and-breakfast establishments and short-term rentals.
(1)
Bed-and-breakfast establishments are indoor lodging facilities
that are defined in Wis. Stats. § 97.01(1g), and licensed
by the State pursuant to Wis. Stats. Ch. 97.
(a)
Application requirements. Applicants for a conditional use permit
to operate a bed-and-breakfast shall submit a floor plan of the single-family
dwelling unit illustrating that the proposed operation will comply
with the requirements of the statutes, the Wisconsin Administrative
Code, and other applicable Village codes and ordinances.
(b)
Consideration of issuance. In addition to the standard criteria
for issuance of a CUP, after the Plan Commission holds its public
hearing it shall determine whether the CUP should be issued based
upon the public convenience and necessity of the people in the Village.
In the Plan Commission's determination of the number of bed-and-breakfast
operations required to provide for such public convenience and necessity,
the Commission shall consider the effect upon residential neighborhoods,
conditions of existing holders of permits, and the necessity of issuance
of additional permits.
(c)
Public nuisance violations. Bed-and-breakfast operations shall
not be permitted whenever the operation endangers, or interferes with
the safety or rights of others so as to constitute a nuisance.
(d)
Suspension, revocation, and renewal. Any permit issued under the provisions of this subsection may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto pursuant to the provisions of § 245-16; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.
(2)
Short-term rentals are residential dwellings that are offered
for rent for a fee and for fewer than 29 consecutive days.
J.
Commercial indoor lodging. Commercial indoor lodging facilities include
land uses that provide overnight housing for tourists and transients,
and include hotels, motels, inns and tourist rooming houses as defined
in Wis. Stats. § 97.01. Restaurants, lounges, fitness centers,
and other on-site facilities available to nonlodgers are not considered
accessory uses and therefore require review as a separate land use.
Commercial indoor lodging land uses shall adhere to the following
listed regulations:
(1)
If located on the same side of a building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property.
K.
Boardinghouse. Boardinghouses include rooming houses and any residential
use renting rooms that are not accommodating tourists or transients.
Boardinghouses shall adhere to the following listed regulations:
(1)
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article XI).
(2)
Boardinghouses may only be located in an area of transition
from residential land uses to nonresidential land uses, as determined
by the Zoning Administrator.
(3)
It shall be unlawful for any persons to operate a boardinghouse
as defined and as permitted in this chapter without first having obtained
a conditional use permit.
L.
Campground. Campgrounds include any facilities designed for overnight
accommodation of persons in tents, travel trailers, or other mobile
or portable shelters or recreational vehicles. Campgrounds shall adhere
to the following listed regulations:
M.
Group day-care center (nine plus children). Group day-care centers
are land uses in which qualified persons provide child care services
for nine or more children. Examples of such land uses include day-care
centers and nursery schools. Such land uses may be operated on a for-profit
or a not-for-profit basis. Such land uses may be operated in conjunction
with another principal land use on the same environs, such as a church,
school, business, or civic organization. In such instances, group
day-care centers are not considered as accessory uses and therefore
require review as a separate land use. Group day-care centers shall
adhere to the following listed regulations:
(1)
Group day-care centers shall not be located within a residential
building.
(2)
Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Article XI).
(3)
The property owner's permission and signature is required as
part of the conditional use permit application.
N.
Commercial small animal boarding. Commercial small animal boarding
facilities include land uses that provide short-term and/or long-term
boarding for animals and commercial kennels. Exercise yards, fields,
training areas, and trails associated with such land uses are considered
accessory thereto and do not require separate consideration. Commercial
animal boarding facilities shall adhere to the following listed regulations:
O.
Indoor maintenance service. Indoor maintenance services include all land uses that perform maintenance services, including repair, and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an outdoor maintenance service land use (see Subsection P).
P.
Outdoor maintenance service. Outdoor maintenance services include
all land uses that perform maintenance services, including repair,
and have all or any portion of their operations located outside of
an enclosed building. Outdoor maintenance services shall adhere to
the following listed regulations:
(1)
All outdoor activity areas shall be completely enclosed by a minimum six-foot-high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60 (see Article XI).
(2)
Outdoor storage of abandoned or inoperable vehicles is prohibited.
Q.
Vehicle sales. Vehicle sales include the sale and display of vehicles
for sale or rent outside of an enclosed building. Such land uses also
include a repair shop associated with the vehicle display lot and
sales building, provided the repair portion is clearly incidental
to the sales operation as determined by the Plan Commission. Such
land uses do not include the storage or display of inoperative vehicles
or equipment or other materials typically associated with a salvage
yard or junkyard. Vehicles sales land uses shall adhere to the following
regulations:
(1)
The outdoor display and sales area shall be calculated as the
area that would be enclosed by a required physical separation installed
and continually maintained in the most efficient manner which completely
encloses all vehicles displayed outdoors.
(2)
The display of vehicles shall not be permitted within required
setback areas for the principal structure.
(3)
The display of vehicles shall not be permitted in permanently
protected green space areas, required landscaped areas, or required
bufferyards.
(4)
In no event shall the display of vehicles reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 245-15. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(5)
Display areas shall be separated from any circulation area by
a minimum of 10 feet. This separation shall be clearly delimited by
a physical separation such as a greenway, curb, fence, or line of
planters or by a clearly marked paved area.
(6)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
(8)
Vehicle sales shall be permitted during the entire calendar
year; however, if vehicles are removed from the display area, all
support fixtures used to display the vehicles shall be removed within
10 calendar days of the vehicles' removal.
(9)
Inoperable vehicles or equipment, or other items typically stored
or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
(10)
Vehicle sales are not allowed in the Downtown District.
R.
Sexually oriented land uses. See also § 245-16.1. Sexually oriented land uses include any facility oriented to the display of sexually oriented materials, such as videos, movies, photos, books, or magazines, or actual persons displaying and/or touching sexually specified areas, including the provision of body piercing or tattooing services to sexually specified areas. For the purpose of this chapter, "sexually specified areas" includes any of the following: genitals, anal area, female areola or nipple. "Sexually oriented material" includes any media which displays sexually specified area(s). Establishments that sell or rent sexually oriented materials shall not be considered sexually oriented if the area devoted to sale of said materials is less than 50% of the sales area devoted to nonsexually oriented materials and if such materials are placed in generic covers or otherwise obscured areas. Sexually oriented land uses shall adhere to the following listed regulations:
(1)
Facilities shall be located a minimum of 100 feet from the property
line of any residentially zoned property and shall be located a minimum
of 1,000 feet from the property line of any school, church, or outdoor
recreational facility.
(2)
Exterior building appearance and signage shall be designed to
ensure that the use does not detract from the ability of businesses
in the vicinity to attract customers nor affect the marketability
of properties in the vicinity for sale at their assessed values.
S.
Truck-trailer rental establishment. A place where trucks, utility
trailers, and related items are kept and rented out, generally to
those moving their personal and household belongings. Servicing of
vehicles and trailers stored on site is allowed provided such use
is clearly incidental as may be established by the Plan Commission.
Truck-trailer rental establishments shall adhere to the following
listed regulations:
(1)
Trucks and trailers shall not be stored within the front yard
setback, the side yard setback, or the rear yard setback.
(2)
The location on the property where trucks and trailers may be
stored shall be clearly indicated on an approved site plan, which
shall include the total number of trucks and trailers that may be
stored on site, whether there is a limit on the size and/or number
of axles on the trucks or trailers that may be stored on site, and
whether trucks that require a commercial driver's license to operate
may be stored on site.
T.
Vehicle towing establishment. A place where tow trucks may be kept
along with towed vehicles.
U.
Business and light industrial incubator land or facilities that encourage
the development and retention of start-up and entry-level businesses
suited to the Village, including, but not limited to, recreational
businesses that use the Fox River, and their accessory buildings and
uses.
A.
Light industrial. Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion). Light industry includes the manufacture of articles through the process of transforming raw materials into a change of form for use, or the fabricating or assembling of finished or unfinished manufactured parts by hand or machine, or both. Light industrial land uses may conduct indoor sales as an accessory use, provided that the requirements of § 245-117K are complied with. All activities, except loading and unloading, shall be conducted entirely within the confines of a building. If outdoor storage is required, the use shall be classified as heavy industrial.
B.
Heavy industrial. Heavy industrial land uses are land uses that may
be wholly or partially located outside of an enclosed building, may
have the potential to create certain nuisances that are detectable
at the property line, and may involve materials that pose a significant
safety hazard. Examples of heavy industrial land uses include meat
product producers, including distillation of bones and fat rendering;
paper, pulp or paperboard producers; chemical and allied product producers
(except drug producers), including acid, ammonia, bleach, chorine,
soap, poison, or fertilizer producers; petroleum and coal product
producers; gelatin, glue or size manufacture, asphalt, concrete or
cement producers; tanneries; stone, clay, or glass product producers;
primary metal producers; heavy machinery producers; electrical distribution
equipment producers; electrical industrial apparatus producers; transportation
vehicle producers; commercial sanitary sewage treatment plants; railroad
switching yards; recycling facilities not involving the on-site storage
of salvage materials; ammunition manufacture; explosives or fireworks
manufacture or storage; inflammable gases or liquids; the refining,
storage or distribution or manufacture of overground tank farms; and
large-scale alcohol beverage producers exceeding the production limits
in Wis. Stats. Ch. 125. Heavy industrial land uses shall adhere to
the following listed regulations:
(1)
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property other than permanent open space abutting properties that are not zoned industrial (see Article XI).
(2)
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property.
(3)
No equipment or materials shall be stacked or otherwise stored
so as to be visible over bufferyard screening elements.
(4)
Vibration standards. In no instance shall a heavy industrial
land use exceed the following vibration performance standards, which
regulate the creation of vibration that adversely affects adjoining
properties in order to prevent the creation of nuisances and to promote
the health, safety, and general welfare of the public.
(a)
Applicability. The requirements of this section apply to all
uses and activities which create detectable vibrations, except that
these standards shall not apply to vibrations created during the construction
of the principal use on the subject property.
(b)
Review and approval. Through the site plan review process, the
Plan Commission shall review and approve all development on the subject
property.
(c)
Depiction on required site plan. Any activity or equipment that
creates detectable vibrations outside the confines of a building shall
be depicted as to its location on the site plan required for the development
of the subject property.
(d)
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values set forth in Subsection B(4)(f).
(e)
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula: D = K/f, where D = displacement in inches; K = a constant to be determined by reference to subsection (f), below; and f = the frequency of vibration transmitted through the ground (cycles per second).
(f)
Vibration measurement constant. The following constant shall
not be exceeded:
|
K
|
K
| ||
|---|---|---|---|
|
All other districts
|
In the Industrial District
| ||
|
On or beyond any adjacent lot line:
| |||
|
Continuous
|
0.003
|
0.015
| |
|
Impulsive
|
0.006
|
0.030
| |
|
<8 pulses/24-hour period
|
0.015
|
0.075
| |
|
On or beyond any residential district lot line:
| |||
|
Continuous
|
0.003
|
0.003
| |
|
Impulsive
|
0.006
|
0.006
| |
|
<8 pulses/24-hour period
|
0.015
|
0.015
| |
(5)
Noise standards. In no instance shall a heavy industrial land
use exceed the following noise performance standards when measured
at or within the property boundary of the receiving land use.
(a)
Method of measuring noise:
[1]
Equipment. Noise measurement shall be made with a sound meter
meeting the requirements of American National Standards Institute
(ANSI) Standard S1.4-1983 or any nationally or Wisconsin-adopted standard
superseding the above standard. Sound level meters shall be capable
of both fast and slow meter response.
[2]
Location and interpretation. The following steps must be followed
when preparing to take sound level measurements:
[a]
The instrument manufacturer's specific instructions
for preparation and use of the instrument shall be followed.
[b]
The sound level meter shall be calibrated periodically,
under the manufacturer's instructions.
[c]
When outdoor measurements are taken, a windscreen
shall be placed over the microphone of the sound level meter under
the manufacturer's instructions.
[d]
The sound level meter shall be placed at the nearest
lot line of the premises from which noise complaint(s) are received,
at an angle to the sound source, as specified by the manufacturer's
instructions, and placed at least four feet above the ground. The
meter must be placed so as not to be interfered with during the taking
of sound measurements.
[e]
Measurements must be taken at any point within
a receiving zone which point is outside of the property line of the
source of the stationary sound.
[f]
Impulse sound, i.e., sounds of short duration,
usually less than one second, must be measured with the sound level
meter set for fast meter response. All other sound shall be measured
with the sound level meter set for slow meter response.
[g]
Under this section, sounds capable of being accurately
measured are those sounds that cause no more than (+ or -) two decibels
fluctuation of the sound level meter or, in the case of impulse sound,
the mean average of four peak readings measured over the period of
an hour.
(b)
Maximum permissible sound levels.
[1]
General limitations. In the following zoning districts the A-weighted
sound level emitted from any source of stationary sound shall not
exceed the following limits at any point within a receiving zone which
point is outside of the property line of the source of the stationary
sound for a period of greater than 30 seconds:
|
Receiving Zone
|
Maximum dBA
|
|---|---|
|
Residential or Institutional
|
65
|
|
Business and Commercial
|
75
|
|
Business and Industrial
|
75
|
[2]
Additional restrictions on impulse sound. A reduction of five dBA shall apply to each of the limitations set forth under Subsection B(5)(b)[1] of this subsection for all impulse sounds.
[3]
Special exception for ambient sound. When the ambient sound
at the source of a stationary sound equals or exceeds the decibel
limits provided in this section, the owner or operator of the property
that is the source of such stationary sound may seek a special exception
from the sound limitations of this section. Application for a special
exception from the sound limitation shall be made to the Zoning Administrator.
The Plan Commission shall hear and act upon all applications for a
special exception under this subsection. The Commission may grant
the appeal where it finds that the ambient sound equals or exceeds
the decibel limits for a property in a receiving zone and that the
combination of the ambient sound and the sound from the stationary
sound producing source does not exceed the limit for the receiving
affected property by more than 10 dBA.
[4]
Nonconforming source. Any source of stationary sound that does
not conform to the requirements of this section, which existed lawfully
when this section was adopted and which remains nonconforming, or
which shall became nonconforming upon the adoption of this section,
or of any subsequent amendments thereto, may continue, as provided
in this subsection.
[a]
Any such nonconforming source of stationary sound
shall not be modified, altered, added to, or enlarged in any manner
unless such modifications, alterations, additions, or enlargements
thereto are made to conform with all of the sound or noise control
regulations applicable to the source.
[b]
Any such nonconforming source of stationary sound
that is discontinued for one year shall not be used unless the use
is made to conform with all of the sound or noise control regulations
applicable to the source.
[c]
Any such nonconforming source of stationary sound
shall not be repaired or restored to the extent that the cost of repair
or restoration exceeds 50% of the full market value of the source.
In the event that damage or destruction requires repairs or restoration
that is less that 50% of such market value, repairs or restoration
may be made if work is commenced within one year from the date of
the partial destruction and is diligently prosecuted to completion.
[5]
Effect of zoning change of affected property. When the zoning classification of a receiving property is changed in a manner which would result in a then-existing sound source being in noncompliance with this section, the sound source shall be considered a nonconforming and shall be subject to the provisions of Subsection H of this section.
(6)
Air pollution standards. In no instance shall a heavy industrial
land use exceed the following air pollution standards, which regulate
the creation of air pollution that adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the health,
safety, and general welfare of the public.
(a)
Applicability. The requirements of this section apply to all
land uses and activities, except that these standards shall not apply
to air pollution created during the construction of the principal
use on the subject property or by incidental traffic, parking, loading,
or maintenance operations.
(b)
Standards. In addition to all applicable state and federal standards,
the following shall apply:
[1]
The emission of particulate matter containing a particle diameter
larger than 44 microns is prohibited.
[2]
Emission of smoke or particulate matter of a density equal to
or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines)
is prohibited at all times.
[3]
Dust and other types of air pollution borne by the wind from
such sources as storage areas, yards, and roads within the boundaries
of any lot shall be kept to a minimum by appropriate landscaping,
paving, oiling, or other acceptable means.
[4]
All applicable state and federal standards.
(7)
Odor standards. In no instance shall a heavy industrial land
use exceed the following odor standards which regulate the creation
of odor that adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the health, safety, and general
welfare of the public.
(a)
Applicability. The requirements of this section apply to all
land uses and activities, except that these standards shall not apply
to odors created during the construction of the principal use on the
subject property or by incidental fertilizer application, traffic,
parking, loading, or maintenance operations.
(b)
Standards. Except for food preparation and cooking odors emanating
from residential land uses and odors associated with property development
and maintenance (such as construction, lawn care, and the painting
and roofing of structures), no odors shall be created for periods
exceeding a total of 15 minutes per any day which are detectable (by
a healthy observer such as the Zoning Administrator or a designee
who is unaffected by background odors such as tobacco or food) at
the boundary of the subject property, where said lot abuts property
within any residential, institutional or business and commercial zoning
district.
(8)
Glare and heat standards. In no instance shall a heavy industrial
land use exceed the following glare and heat standards which regulate
the creation of glare or heat in order to prevent the creation of
nuisances and to promote the health, safety, and welfare of the public.
(a)
Applicability. The requirements of this section apply to all
land uses and activities, except that these standards shall not apply
to glare created during the construction of the principal use on the
subject property or by incidental traffic, parking, loading, or maintenance
operations.
(b)
Standards. No direct or sky-reflected glare shall be visible
at the lot line of the subject property, whether from floodlights
or from temperature processes, such as combustion, welding, or otherwise.
As determined by the Zoning Administrator, there shall be no discernible
transmission of heat or heated air at the lot line. Solar systems
regulated by Wis. Stats. § 66.0401 shall be entitled to
the protection of its provisions.
(9)
Fire and explosions. In no instance shall a heavy industrial
land use exceed the following fire and explosion standards which regulate
the creation of fire and/or explosion hazards that adversely affect
adjoining properties in order to prevent the creation of nuisances
and to promote the health, safety, and general welfare of the public.
(a)
Applicability. The requirements of this section apply to all
land uses and activities.
(b)
Standards. Any use involving materials which could decompose
by detonation shall be located not less than 400 feet from any residential,
institutional or business and commercial zoning district, except that
this standard shall not apply to the storage or usage of liquefied
petroleum or natural gas for normal residential or business and commercial
purposes. All activities and storage of flammable and explosive materials
at any point shall be provided with adequate safety and firefighting
devices in accordance with all fire prevention codes of the State
of Wisconsin.
(10)
Toxic, noxious and waste materials. In no instance shall a heavy
industrial land use violate the toxic, noxious and waste material
regulations which regulate the handling of toxic, noxious, or waste
material which adversely affects adjoining properties in order to
prevent the creation of nuisances and to promote the health, safety,
and general welfare of the public.
(a)
Applicability. The requirements of this section apply to all
land uses and activities.
(b)
Standards. No use shall discharge across the boundaries of the
subject property, or through percolation into the subsoil, toxic or
noxious material in such concentration as to be detrimental to or
endanger the public health, safety, comfort, or welfare or cause injury
or damage to private property or business. No use shall discharge
at any point into any public or private sewage disposal system or
stream or river, or into the ground, any liquid or solid materials
except in accordance with the regulations of the Wisconsin Department
of Health Services.
C.
Production greenhouse. Any business whose principal activity is the
growing and wholesaling of plants or plant byproducts (not including
fruits and vegetables) that are either grown or stored within an enclosed
building or structure constructed chiefly of glass or glass-like material,
cloth, or other transparent material. Such uses also often involve
the seasonal display of plants and related products outdoors. Production
greenhouses shall adhere to the following listed regulations:
(1)
The outdoor display of items shall not be permitted in required
setbacks, bufferyards, or landscaped areas.
(2)
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 245-15. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(3)
Storage and/or outdoor display areas shall be separated from
any vehicular parking or circulation area by a minimum of 10 feet.
This separation shall be clearly distinguished by a physical feature
or barrier such as a greenway, curb, fence, or line of planters or
by a clearly marked paved area.
(4)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
D.
Indoor food production. Any business whose principal activity is
the production and wholesaling of plants or plant byproducts (including
fruits and vegetables) that are grown on-site within an enclosed building
or structure constructed chiefly of glass or glass-like material,
cloth, or other transparent material. Such uses also often involve
the seasonal display of plants and related products outdoors. Indoor
food production also includes the farming of aquatic organisms (plants
and animals) under controlled conditions and which is located entirely
within an enclosed building and utilizes recirculating (closed) system
technology. Such operations may also incorporate aquaponics, which
is the symbiotic cultivation of plants and aquatic organisms in a
recirculating system. Indoor food production land uses shall adhere
to the following listed regulations:
(1)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials or products from view of nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (see Article XI).
(2)
Storage and/or outdoor display areas shall be separated from
any vehicular parking or circulation area by a minimum of 10 feet.
This separation shall be clearly distinguished by a physical feature
or barrier such as a greenway, curb, fence, or line of planters or
by a clearly marked paved area.
(3)
All outdoor storage areas shall be located no closer to a residentially
zoned property than the required minimum setback for buildings on
the subject property.
(4)
The storage of items shall not be permitted in any landscaping
areas, bufferyard areas, or permanently protected green space areas.
(5)
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 245-15. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
(6)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
vehicle/vehicle and vehicle/pedestrian conflicts.
(7)
Indoor aquaculture operations shall be connected to the municipal
water and sanitary sewer system, and all wastewater shall be discharged
to the municipal sanitary sewer system.
(8)
Prior to the issuance of a conditional use permit, applicants
wishing to establish indoor aquaculture operations shall prepare a
report outlining the estimated average daily water usage and quantity
of wastewater discharge. Such report shall be reviewed and approved
by the Public Works Director and the Western Racine County Sewerage
District.
(9)
On-site processing of seafood is permitted, provided that the
activity is conducted entirely within an enclosed building and no
odors are detectable from the property line.
(10)
The on-site retail sale of seafood or vegetables shall be considered indoor sales for light industrial subject to the provisions of § 245-117K, provided that the area devoted to sales does not exceed 25% of the total area of the building(s) within which the operation is located. Retail areas that exceed 25% of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.
(11)
Site plans shall be provided which indicate the location of
all outdoor activity areas.
(13)
No outdoor activity areas shall be located in bufferyard areas.
No materials shall be stacked or otherwise stored so as to be visible
over bufferyard screening elements.
E.
Communication tower. Communication towers include all freestanding
broadcasting, receiving, or relay structures and similar principal
land uses and any office, studio, or other land uses directly related
to the function of the tower. Communication towers shall adhere to
the following listed regulations:
(1)
Communication towers shall be erected and installed in accordance with the State Electrical Code adopted by reference in Chapter 98, Building Construction, of the Village Code, the National Electrical Safety Code, the Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
F.
Contractor yard. Contractor yards are used by general contractors,
excavation contractors, landscaping contractors, building contractors,
oil or well drilling contractors, or similar business for the storage
of vehicles, equipment, and materials used in the day-to-day operation
of the business. This use may include a building that may be used
for administrative offices, indoor storage, and the care and maintenance
of equipment and vehicles in the fleet. Contractor yards shall adhere
to the following listed regulations:
(1)
Type of outdoor storage. Outside storage of construction equipment
and fleet vehicles is allowed. Construction materials may be kept
out of doors provided such materials are being staged for a specific
work project. The storage of construction debris, tree branches, wood
chips, and the like is strictly prohibited.
(2)
Equipment repair and maintenance. The repair and maintenance
of construction equipment and vehicles must occur within an enclosed
building, unless specifically permitted in the conditional use order
authorizing the use.
(3)
Sales. The on-premises sale, at retail or wholesale, of any
materials is strictly prohibited.
(4)
Incidental uses. Fabrication and assembly of component parts
for use in a building project is permitted inside of a building on
the subject property, provided such activity is of an incidental nature.
(5)
Location of use areas. Outdoor storage areas and other activity
areas related to this use may not be located:
(a)
In the front-yard building setback area;
(b)
Within 30 feet of a side or rear lot line when the adjoining
property is located in a residential zoning district or a planned
development district that allows residential uses;
(c)
Within 20 feet of a side or rear lot line when the adjoining
property is located in a business zoning district; and
(d)
Ten feet from a side or rear lot line when the adjoining property
is located in any other zoning district. Employee parking areas may
be located in those areas otherwise allowed in this chapter.
(6)
Fencing. Depending on the scale and nature of the contractor
yard, the Plan Commission may on a case-by-case basis require a solid
fence, as approved by the Plan Commission, in those areas where screening
is needed in the judgment of the Plan Commission to mitigate potential
impacts to adjoining properties.
(7)
Control of fugitive dust. As part of the site plan and operation
plan review process, the control of fugitive dust (e.g., dust from
a gravel yard) generated by this use, if any, shall be addressed to
the satisfaction of the Plan Commission.
(8)
Hazardous materials and bulk fuel. As part of the site plan
and operation plan review process, the storage of hazardous materials
and bulk fuel, if any, shall be addressed to the satisfaction of the
Plan Commission.
G.
Indoor storage and wholesaling. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 245-117K below.
H.
Multipurpose business storage. Multipurpose business storage uses
are primarily oriented to those businesses that require an office/reception/display
area and a larger storage area for stock goods, materials, equipment,
and supplies. With the exception of loading and parking facilities,
such land uses are contained entirely within an enclosed building.
Examples of potential businesses include plumbing or electrical contractor,
product sales representative, and small-scale warehousing. When located
in the Business and Commercial Zoning District, the following additional
standards apply:
(1)
The front portion of the building is specifically reserved for
office, administrative, and/or display purposes and the back portion
is used for storage of stock goods, materials, supplies, and equipment
specifically related to the business occupying the space. These two
areas are to be separated by a wall that may include one or more doorways
for access. The overall design is intended to look like a traditional
retail business space from the street on which it fronts.
(2)
Overhead doors may be located on the back of the building to
provide access to the storage space. All overhead doors shall be located
so they are not readily visible from a public street. Screening shall
be provided to obscure the view of any overhead doors visible from
an adjoining parcel zoned for a residential use.
(3)
This use may be located in a single building or in a multitenant
building. When this use is located in a single building, the maximum
floor area is 2,500 square feet. When this use is located in a multitenant
building with two or three tenant spaces, the maximum floor area of
this use is 2,500 square feet. When this use is located in a multitenant
building with four or more tenant spaces, the maximum floor area of
this use is 5,000 square feet.
(4)
Fleet vehicles must be parked behind the rear of the building
in a separate parking area. Screening shall be provided to obscure
the view of such parking area from an adjoining parcel zoned for a
residential use.
I.
Outdoor storage and wholesaling. Outdoor storage and wholesaling
land uses are primarily oriented to the receiving, holding, and shipping
of packaged materials for a single business or a single group of businesses.
Such a land use, in which any activity beyond loading and parking
is located outdoors, is considered an outdoor storage and wholesaling
land use. Examples of this land use include contractors' storage yards,
equipment yards, lumberyards, coal yards, landscaping materials yards,
construction materials yards, and shipping materials yards. Such land
uses do not include the storage of inoperable vehicles or equipment
or other materials typically associated with a junkyard or salvage
yard. Outdoor storage and wholesaling land uses shall adhere to the
following listed regulations:
(1)
All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (see Article XI).
(2)
The storage of items shall not be permitted in required frontage
landscaping areas, bufferyard areas, or permanently protected green
space areas.
(3)
Storage areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation such as a greenway,
curb, fence, or line of planters or by a clearly marked paved area.
(4)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
vehicle/vehicle and vehicle/pedestrian conflicts.
(5)
Inoperable vehicles or equipment or other items typically stored
in a junkyard or salvage yard shall not be stored under the provisions
of this land use.
J.
Personal storage facility. Personal storage facilities, also known
as "mini warehouses," are land uses oriented to the indoor storage
of items entirely within partitioned buildings having an individual
access to each partitioned storage area. Such storage areas may be
available on either a condominium or a rental basis. Personal storage
facilities shall adhere to the following listed regulations:
(1)
Facility shall be designed so as to minimize adverse visual
impacts on nearby developments. The color, exterior materials, and
orientation of proposed buildings and structures shall complement
surrounding development.
(2)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.80 along all property borders abutting residentially
zoned property (see Article XIV).
K.
Salt storage shed. Salt storage sheds are structures for storing
salt stockpiles typically associated with a municipal public works
department or a snow-plowing business. Salt storage sheds shall adhere
to the following listed regulations:
(1)
Prior to the establishment of this use, the property owner shall
obtain and maintain all necessary approvals from the Wisconsin Department
of Transportation under Wis. Admin. Code ch. Trans 277, and any other
state agency or the federal government.
(2)
The site shall be planned so that the shed is located so that
it is not readily visible from a public street. Additionally, screening
shall be provided to obscure the view of the shed from any adjoining
parcel zoned for business, commercial or residential use.
L.
Vehicle storage and impound yard: A place for the temporary storage
of wrecked and/or inoperative and/or abandoned motor vehicles. The
dismantling, wrecking, or sale of said vehicles or parts thereof is
strictly prohibited.
M.
Bus yard. Bus yards are a place where buses are parked when not in
use and may include administrative offices and a building for the
storage, care, and maintenance of buses in the fleet. Bus yards shall
adhere to the following listed regulations:
(1)
Location of use areas. Outdoor storage areas and other activity
areas related to this use may not be located:
(a)
In the front-yard building setback area;
(b)
Within 30 feet of a side or rear lot line when the adjoining
property is located in a residential zoning district or a planned
development district that allows residential uses;
(c)
Within 20 feet of a side or rear lot line when the adjoining
property is located in a commercial zoning district; and
(d)
Ten feet from a side or rear lot line when the adjoining property
is located in any other zoning district. Employee parking areas may
be located in those areas otherwise allowed in this chapter.
(2)
Vehicle maintenance. The repair and maintenance of busses and
other vehicles in the fleet must occur within an enclosed building.
(3)
Fencing. Depending on the scale and nature of the bus yard,
the Plan Commission may on a case-by-case basis require a solid fence,
as approved by the Plan Commission, in those areas where screening
is needed in the judgment of the Plan Commission to mitigate potential
impacts to adjoining properties.
(4)
Control of fugitive dust. As part of the site plan and operation
plan review process, the control of fugitive dust (e.g., dust from
a gravel yard) generated by this use, if any, shall be addressed to
the satisfaction of the Plan Commission.
(5)
Hazardous materials and bulk fuel. As part of the site plan
and operation plan review process, the storage of hazardous materials
and bulk fuel, if any, shall be addressed to the satisfaction of the
Plan Commission.
N.
Transit center. A building, structure, and/or area designed and used
for the purpose of loading, unloading, or transferring passengers
or accommodating the movement of passengers from one mode of transportation
to another. Examples include bus stations, train stations, and park
and ride stations. Transit centers shall adhere to the following listed
regulations:
(1)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.00 along all property borders abutting residentially
zoned property (see Article XIV).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas, except employee and passenger parking, shall be located
a minimum of 100 feet from all lot lines abutting residentially zoned
property.
O.
Distribution center. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 245-117K below. Distribution centers shall adhere to the following listed regulations:
(1)
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XI).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(3)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
P.
Freight terminal. Freight terminals are defined as land and buildings
representing either end of one or more truck carrier line(s) which
may have some or all of the following facilities: yards, docks, management
offices, storage sheds, buildings and/or outdoor storage areas, freight
stations, and truck maintenance and repair facilities, principally
serving several or many businesses requiring transshipment. Freight
terminals shall adhere to the following listed regulations:
(1)
Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article XI).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(3)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
Q.
Off-site parking. Off-site parking lots are any areas used for the temporary parking of vehicles that are fully registered, licensed, and operable. See also § 245-15 for additional parking regulations. Off-site parking facilities shall adhere to the following regulation: access and vehicular circulation shall be designed so as to discourage cut-through traffic.
R.
Salvage yard or junkyard. Junkyard or salvage yard facilities are
any land or structure used for a salvaging operation, including but
not limited to the aboveground, outdoor storage and/or sale of wastepaper,
rags, scrap metal, and any other discarded materials intended for
sale or recycling, and/or the collection, dismantlement, storage,
or salvage of two or more unlicensed and/or inoperable vehicles. Recycling
facilities involving on-site outdoor storage of salvage materials
are included in this land use. Salvage yard or junkyard land uses
shall adhere to the following listed regulations:
(1)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially and business zoned property (see Article XI).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all roads
and 200 feet from all other lot lines.
(3)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
(4)
Operations shall not involve the storage, handling, or collection
of hazardous materials as defined by state statutes.
(5)
Minimum required parking: one space for every 20,000 square
feet of gross storage area, plus one space for each employee on the
largest work shift.
A.
Indoor municipal campus. Indoor municipal land uses include indoor
municipal buildings and recreational facilities (such as municipal
buildings, libraries, and community centers).
B.
Outdoor open space municipal campus. Outdoor open space municipal
campus land uses include green space areas and open grassed areas
not associated with any particular active recreational land use, and
similar land uses.
A.
Indoor institutional. Indoor institutional land uses include all
indoor public and not-for-profit recreational facilities (such as
gyms, swimming pools, libraries, museums, and community centers),
schools, churches, funeral homes, nonprofit clubs, nonprofit fraternal
organizations, convention centers, jails, prisons, and similar land
uses. Indoor institutional land uses shall adhere to the following
listed regulations:
B.
Outdoor open space institutional. Outdoor open space institutional
land uses include cemeteries, privately held permanently protected
green space areas, open grassed areas not associated with any particular
active recreational land use, and similar land uses. Outdoor institutional
land uses shall adhere to the following listed regulations:
C.
Passive outdoor public recreation. Passive outdoor public recreation
land uses include all recreational land uses located on public property
that involve passive recreational activities. Such land uses include
arboretums, natural areas, wildlife areas, hiking trails, bike trails,
cross-country ski trails, picnic areas, picnic shelters, botanical
gardens, fishing areas, and similar land uses.
D.
Active outdoor public recreation. Active outdoor public recreation
land uses include all recreational land uses located on public property
(including school district property) that involve active recreational
activities. Such land uses include play courts (such as tennis courts
and basketball courts), play fields (such as ball diamonds, football
fields, and soccer fields), neighborhood parks, tot lots, outdoor
swimming pools, swimming beach areas, fitness courses, public golf
courses, and similar land uses. Active outdoor public recreation land
uses shall adhere to the following listed regulations:
(1)
Facilities using recreational facility night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article XI). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(2)
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
(3)
Facilities that serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children.
E.
Intensive outdoor public recreation. Intensive outdoor public recreation
land uses include recreational land uses located on public property
that generate regional traffic and noise beyond property lines and
require intensive lighting. Such land uses include racetracks, stadiums,
fairgrounds, ski hills, marinas, and similar land uses. Intensive
outdoor public recreation land uses shall adhere to the following
listed regulations:
(1)
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 1.00 (see Article XI). Said bufferyard shall be located at the property line adjacent to the residentially zoned property.
(2)
Facilities that serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children.
(3)
A minimum setback of 100 feet shall be required to any activity
area other than parking.
F.
Public service and utilities. Public service and utilities land uses
include all Village, county, state, and federally owned facilities
(except those otherwise treated in this section), emergency service
facilities such as fire departments and rescue operations (including
dormitories serving those facilities), wastewater treatment plants,
public and/or private utility substations, water towers, utility and
public service related distribution facilities, and similar land uses.
Public service and utility land uses shall adhere to the following
listed regulations:
G.
Institutional residential (one to 12 residents). This land use is
a form of residential development designed to accommodate institutional
residential land uses with 12 or fewer residents (of all ages), such
as senior housing, retirement homes, assisted living facilities, nursing
homes, hospices, group homes, convents, monasteries, dormitories,
nursing homes, convalescent homes, limited care facilities, rehabilitation
centers, and similar land uses not considered to be community living
arrangements (see separate listings) under the provisions of Wis.
Stats. § 62.23. Institutional residential uses with 12 or
fewer residents shall adhere to the following listed regulations:
(1)
No individual lots are required, although the development shall
contain a minimum of 800 square feet of gross site area for each occupant
of the development.
(2)
Project shall provide an off-street passenger loading area at
a minimum of one location within the development.
(3)
A minimum of 30% of the development's gross site area shall
be held as permanently protected green space.
H.
Institutional residential (13 or more residents). This land use is
a form of residential development designed to accommodate institutional
residential land uses with 13 or more residents (of all ages), such
as senior housing, retirement homes, assisted living facilities, nursing
homes, hospices, group homes, convents, monasteries, dormitories,
nursing homes, convalescent homes, limited care facilities, rehabilitation
centers, and similar land uses not considered to be community living
arrangements (see separate listings) under the provisions of Wis.
Stats. § 62.23. Institutional residential land with 13 or
more residents shall adhere to the following listed regulations:
(1)
No individual lots are required, although the development shall
contain a minimum of 800 square feet of gross site area for each occupant
of the development.
(2)
Project shall provide an off-street passenger loading area at
a minimum of one location within the development.
(3)
A minimum of 30% of the development's gross site area shall
be held as permanently protected green space.
I.
Community living arrangement (one to eight residents). Community living arrangement land uses include all facilities provided for in Wis. Stats. § 46.03(22), including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community-based residential facilities. Community living arrangements do not include group day-care centers (see § 245-113M), nursing homes (and institutional residential land use), hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wis. Stats. § 62.23(7)(i), provided that any such regulations do not violate federal or state housing or antidiscrimination laws. Community living arrangements housing up to eight residents shall adhere to the following listed regulations:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the Village shall
not exceed 1% of the Village's population (unless specifically authorized
by the Village Board following a public hearing by the Plan Commission).
J.
Community living arrangement (nine to 15 residents). See description under Subsection I, above. Community living arrangements housing nine to 15 residents shall adhere to the following listed regulations, subject to federal or state housing or antidiscrimination laws:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity, unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the Village shall
not exceed 1% of the Village's population (unless specifically authorized
by the Village Board following a public hearing by the Plan Commission).
K.
Community living arrangement (sixteen-plus residents). See description under Subsection I, above. Community living arrangements housing 16 or more residents shall adhere to the following listed regulations, subject to federal or state housing or antidiscrimination laws:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity, unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The total capacity of all community living arrangements (of
all capacities) in the Village shall not exceed 1% of the Village's
population (unless specifically authorized by the Village Board following
a public hearing by the Plan Commission).
A.
Accessory uses are land uses that are incidental to the principal activity conducted on the subject property. In addition to specific requirements for each accessory use listed under Subsections B through S, accessory land uses shall adhere to the following requirements:
(1)
Any accessory use or structure shall conform to the applicable
regulations of the district in which it is located, except as specifically
otherwise provided.
(2)
No accessory use or structure shall be constructed on any lot
prior to establishment of an allowable principal use, unless otherwise
stated in this chapter.
(3)
No accessory structure shall have a larger floor area than the
principal structure.
(4)
Except as provided in Subsection F, § 245-12C, or otherwise specifically allowed in this Code, accessory buildings, uses, and other structures that are not part of the main building shall not be located in a front yard, shall not occupy more than 50% of the area of the rear yard, shall not be more than 20 feet high, and shall not be nearer than three feet to any lot line, except that where a private garage has an entrance facing an alley, such entrance shall be located not less than 10 feet from the nearest alley line. In one- and two-family residence districts, the area covered by dwellings and accessory buildings shall not exceed 40% of the square footage of the lot (see §§ 245-18 and 245-19).
(5)
Where an accessory building, use or structure is a part of the
main building or is substantially attached thereto (such as an attached
garage or deck), the side yard and rear yard requirements for the
main building shall be applied to the accessory building or structure.
(6)
Unless approved as part of a temporary use permit or special event permit, in no instance shall an accessory structure, tent, vehicle or part thereof, automobile trailer, or recreational trailer being used for residential purposes be located on a public street, in a public parking lot, or in a front yard. In the case of residential use of such a structure or vehicle, the use must be screened from public view. See also § 245-109H.
(7)
Accessory buildings located within a residential district shall
be constructed or finished in a complementary architectural style
and with complementary materials to the principal residential buildings
in the neighborhood.
(8)
Accessory uses and structures in residential zoning districts.
(a)
Accessory uses and detached accessory structures are permitted
in the rear yard only of residential zoning districts.
(b)
In addition to one garage, and one accessory structure, one
additional accessory structure (including a second garage) shall be
allowed on a lot. The maximum size of the additional accessory buildings
shall not exceed the following square footage for each lot size, or
30% of the area of the required rear yard, whichever is less, provided
that the total footprints of all of the accessory buildings or other
structures do not cover more than 30% of the required rear yard:
B.
Home occupation. Home occupations are economic activities performed
within a dwelling and are allowed in every residence district. Examples
include personal and professional services and handicrafts. Home occupations
are intended to provide a means to accommodate a small home-based
family or professional business without the necessity of a rezoning
from a residential to a business district. Home occupations are limited
to service-oriented businesses and businesses that do not generate
substantial customer visits. Home occupations shall adhere to the
following listed regulations:
(1)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or attached garage.
(2)
The home occupation must be clearly incidental to the use of
the dwelling unit as a residence, with 25% or less of the habitable
floor area of an individual dwelling unit (excluding an attached garage)
being used for the home occupation.
(3)
Activity related to a home occupation may be conducted in a
detached, roofed, and completely enclosed structure (including a detached
garage) or attached garage on the same property, provided that no
more than 25% of the total floor area of the detached structure or
attached garage is used for the home occupation, there are no employees
of the home occupation, and no member of the public enters the detached
structure or attached garage for business purposes.
(4)
There shall be no exterior alterations that change the character
of the structure.
(5)
There shall be no exterior evidence of the home occupation, other than those signs permitted per Article VI.
(6)
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(7)
Outdoor sales of goods produced by the home occupation are allowed only pursuant to Chapter 182, Article II, Rummage Sales, of this Municipal Code. Occasional outdoor lemonade stands or similar sales by a child or children under the age of 17 are not considered home occupation and are not prohibited under this section.
(8)
No use shall create smoke, odor, glare, noise, dust, fumes,
vibration, or hazard detectible to the normal senses off of the property.
No equipment or process shall be used that creates visual or audible
electrical interference in any radio, telephone, computer, television
signal or other device off the premises, or causes fluctuations in
line voltage, or creates any other nuisance not normally associated
with the average residential use in the district.
(9)
No toxic, explosive, flammable, combustible, corrosive, radioactive
or other restricted materials shall be used or stored on the site
for home occupation purposes. This does not preclude a home occupation
for a gunsmith for the service or repair of firearms or for a firearm
collector, licensed by the Bureau of Alcohol, Tobacco, and Firearms.
(10)
A home occupation shall not endanger the public health and safety
and shall not interfere with other parcels in the neighborhood. Except
for computer hardware, no mechanical or electrical equipment shall
be installed or maintained other than such as customarily incidental
to domestic use.
(11)
The home occupation shall require no additional parking above that normally associated with a dwelling unit. Commercial vehicles shall not operate out of a residential district as part of a home occupation; provided, however, that, pursuant to § 245-15A, one commercial vehicle that meets the weight limits and other requirements in § 245-15A(2) that is used for transportation to and from an off-site worksite of the occupant may be parked on a residential property. No other vehicular equipment of a commercial or industrial nature related to the home occupation, except as stated above, shall be parked or stored outdoors, whether on the property or on the street, for more than two consecutive hours and four accumulated hours during any twenty-four-hour period in a residential district.
(12)
The following uses are prohibited as home occupations:
(a)
Adult establishments;
(b)
Animal clinics, kennels and/or pet boarding, provided that occasional boarding of pets is allowed if the limit of the number of dogs and/or cats allowed in a residence is not exceeded at any time (see § 87-18 of this Municipal Code);
(c)
Antique shops;
(d)
Barber shops, beauty shops and/or hair or nail salons;
(e)
Clinics and/or doctors' offices;
(f)
Dress shops and/or millinery shops;
(g)
Engine repair shops;
(h)
Food shops or stores;
(i)
Furniture stripping and/or refinishing;
(j)
Hospitals;
(k)
Gift shops;
(l)
Mortuaries;
(m)
On-site tune-up, servicing, repair, salvage, wrecking, or painting
services for nonresident automobiles, trucks, boats, trailers, snowmobiles,
recreational vehicles or other motorized vehicles;
(n)
Private clubs;
(o)
Real estate offices;
(p)
Restaurants, ice cream shops, tearooms, or any other food or
beverage service, provided that caterers are allowed if there is no
on-site consumption of food or beverages by customers or members of
the public;
(q)
Tattoo and/or body piercing establishments;
(r)
Tobacco and/or e-cigarette or vaporizer shops;
(s)
Tourist rooming houses, except short-term rentals of dwellings are allowed without limitation as to the percentage of the property being rented [see § 245-113I(2)];
(t)
Any other occupation not meeting the limits defined herein.
C.
Family day-care home (four children to eight children). Family day-care
homes are occupied residences in which a qualified person or persons
provide child care for four children to eight children. The care of
fewer than four children is not subject to the regulations of this
chapter. State law reference: Wis. Stats. § 66.1017(1)(a).
D.
Intermediate day-care home (nine children to 15 children). Intermediate
day-care homes are occupied residences in which a qualified person
or persons provide child care for nine children to 15 children. State
law reference: Wis. Stats. § 48.65.
E.
Residential garage or shed. Residential garages are structures primarily
used to shelter parked passenger vehicles. A residential shed is a
structure used primarily to store residential maintenance equipment
of the subject property. Residential garages and sheds shall adhere
to the following listed regulations:
(1)
One or two attached or detached garages and up to two sheds
shall be permitted by right, provided that there are no more than
three accessory buildings on the lot.
(2)
Detached garages and sheds are permitted in the rear yard only.
The roof pitch shall not exceed the steepest pitch of the principal
structure.
(4)
A garage in a residential district, whether or not the private garage is attached to the main building, shall not have a vehicle storage capacity of greater than three vehicles, nor be of a size greater than 1,000 square feet, unless approval has been granted by the Plan Commission pursuant to § 98-22, Architectural control, of this Municipal Code.
F.
Residential recreational facility. This land use includes all active
outdoor recreational facilities located on a private residential lot
that are not otherwise listed in the Table of Land Uses in 245-111.
Common examples include swing sets, tree houses, basketball courts,
tennis courts, swimming pools, and recreation-type equipment. Residential
recreational facilities shall adhere to the following listed regulations:
(1)
All private residential recreation facilities and their attendant structures shall comply with the general provisions in Article IV, and no such use may exceed 20 feet in height, except for flagpoles.
(2)
Materials and lighting at the property line are to be equal
to or less than 0.5 footcandle.
(4)
Tree houses and similar platforms are allowed.
(5)
Children's play structures (swing sets, jungle gyms and tree
houses) shall only be located in a rear yard, unless the Plan Commission
approves an alternate location because placement in the rear yard
is not practical due to the configuration of the lot.
(6)
Arbors, trellises, flagpoles, light poles and basketball hoops
may be located in a front, side, or rear yard.
G.
On-site parking. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operable. See § 245-15.
H.
Company cafeteria. A company cafeteria is a food service operation
that provides food only to company employees and their guests. Company
cafeterias shall adhere to the following listed regulations:
I.
Company on-site recreation. This land use includes any active or
passive recreational facility located on the same site as a principal
land use and which is reserved solely for the use of company employees
and their guests. Company on-site recreational facilities shall adhere
to the following listed regulations:
(1)
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(2)
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article XI). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(3)
Facilities using night lighting shall require a conditional
use permit.
J.
Incidental outdoor display. Incidental outdoor display includes the sale and display of merchandise or equipment outside of an enclosed building and is incidental to a principal commercial or industrial land use. Incidental outdoor display land uses shall comply with all regulations of § 245-113E, and the display area shall not exceed 25% of the gross floor area of the principal building on the site. A business may expand upon the 25% gross floor area limitation up to 10 times per year by temporary use permit.
K.
Incidental indoor sales. Incidental indoor sales include any retail
sales activity conducted exclusively indoors which is incidental to
a principal land use such as warehousing, wholesaling, or any light
industrial land use on the same site. Incidental indoor sales shall
adhere to the following listed regulations:
(1)
The total area devoted to sales activity shall not exceed 25%
of the total area of the buildings on the property. Areas devoted
to artisan studio uses such as custom ceramics, glass, wood, paper,
fabric, and similar crafts may exceed 5,000 square feet with the granting
of a conditional use permit for such use.
(2)
Shall provide restroom facilities directly accessible from retail
sales area.
(3)
The retail sales area shall by physically separated by a wall
from all other activity areas.
L.
Incidental light industrial. These land uses include any light industrial
activity conducted exclusively indoors that is incidental to a principal
land use, such as indoor sales or service, on the same site. Incidental
light industrial shall adhere to the following listed regulations:
(1)
The total area devoted to light industrial activity shall not
exceed 15% of the total area of the buildings on the property, or
5,000 square feet, whichever is less.
(2)
The production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 245-114B(5) for all adjacent properties.
M.
Exterior communications device. This land use includes any structures
used for communication reception, such as satellite dishes and antennas.
Exterior communications devices over one meter in diameter shall adhere
to the following listed regulations:
(1)
Installation standards. Signal-receiving antennas installed
in any zoning district within the Village shall comply with the following
provisions:
(a)
Any freestanding signal receiving antenna and its mounting post
shall be located a minimum of 15 feet from any property line.
(b)
Subject to the provisions herein, freestanding signal-receiving
antennas shall only be located in the rear yard of any lot. If reasonable
reception of signals is not possible with a rear yard placement due
to the physical characteristics of the lot and area, the signal-receiving
antenna shall be placed in the side yard of the lot. In the event
that reasonable reception of signals is not possible by locating the
signal-receiving antenna on the rear or side yard of the property,
such antenna may be placed in the front yard or on the roof of structures
on the property. For corner lots, a side yard is only a yard that
does not face a street.
(c)
If side yard, front yard, or roof mounting is requested, the
Zoning Administrator shall determine where reasonable reception is
possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal receiving antennas attached to the wall or
roof of any principal or accessory structure shall be permitted only
if the structure is properly constructed to carry all imposed loading
and complies with applicable state and local building code requirements.
The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of signal receiving antenna shall not
exceed 10 feet, and six feet for a roof-mounted antenna, except for
systems used to provide community antenna television services.
(4)
Height.
(a)
A ground-mounted signal receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 10 feet in height, as measured from the ground to the highest
point of the antenna.
(b)
A roof-mounted antenna may not exceed eight feet in height above
the surrounding roofline as measured from the highest point of the
existing roofline.
(c)
An antenna that is designed to receive only local television
broadcast signals is not subject to the height limitations in this
section.
(5)
Exterior communication devices shall be erected and installed in accordance with the State Electrical Code adopted by reference in Chapter 98, Building, Plumbing, Electrical and Mechanical Code, of the Village Code, the National Electrical Safety Code, the Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
N.
Ham radio tower and antenna. This land use includes any structures, appurtenances, and components used for ham radio purposes that are located outside of a permitted principal or accessory structure. These regulations are enacted to protect the aesthetics of the Village and the public health and safety, and represent the minimum necessary regulation to fulfill the purpose and intent of this chapter as set forth in §§ 245-2 and 245-3. Depending on the height of the structure, ham radio towers and antennas either are permitted by right or may require a conditional use permit, as indicated in Subsection N(1) through (3), below. Ham radio towers and antennas shall adhere to the following listed regulations:
(1)
Ham radio devices up to 45 feet in height are permitted by right
as an accessory use in all zoning districts. Such ham radio devices
shall adhere to the following regulations:
(a)
Such ham radio devices shall require a building permit and on-site
inspection (and related fees) for all installations for placement,
height, structural integrity, and electrical connections.
(b)
No portion of such ham radio device is permitted between the
principal structure and a public street.
(c)
All portions of such ham radio device shall comply with the
side and rear yard setback requirements for accessory structures for
the subject property's zoning district.
(2)
Ham radio devices between 45 and 75 feet in height are permitted
by right as an accessory use in all zoning districts. Such ham radio
devices shall adhere to the following regulations:
(a)
Such ham radio devices shall require a building permit and on-site
inspection (and related fees) for all installations for placement,
height, structural integrity and electrical connections.
(b)
No portion of such ham radio device is permitted between the
principal structure and a public street.
(c)
Device shall be subject to the site plan review process per § 245-56.6. As part of this process, the agenda for the Plan Commission's consideration of the site plan shall be mailed to the owners of properties adjacent (including properties adjacent at lot corners) to the subject property. The purpose of this notice is to provide the owners of adjacent properties an opportunity to learn about the federal limitations on the Village's regulation of ham radio devices and the details of the proposed installation and to provide comments about the proposed site plan. A formal public hearing is not required.
(d)
All portions of such ham radio device exceeding the maximum
height for an accessory structure shall provide minimum side and rear
yard setbacks equivalent to the requirements for accessory structures
for the subject property's zoning district, plus one additional foot
of setback for every three feet of additional maximum height over
45 feet.
(3)
Ham radio devices not complying with all requirements for either Subsection N(1) or (2) above, including proposed device with a height of over 75 feet, shall adhere to the following regulations:
(a)
Such ham radio devices shall require a building permit and on-site
inspection (and related fees) for all installations for placement,
height, structural integrity, and electrical connections.
(b)
Such ham radio devices shall be subject to the conditional use process per § 245-16. The applicant shall demonstrate the necessity to seek a waiver from any and all requirements of either Subsection N(1) or (2), to the satisfaction of the Plan Commission. As consistent with any proposed conditional use, the Plan Commission may approve the proposal, may add conditions of approval, or may deny the application.
O.
Lawn care. Lawn care includes any activity involving the preparation
of the ground and/or installation and maintenance of vegetative ground
cover (including gardens). Lawn care is not permitted in certain permanently
protected green space areas.
P.
Stormwater facilities. These include all improvements, including
but not limited to swales, ditches, culverts, drains, tiles, gutters,
levees, basins, detention or retention facilities, impoundments, and
dams, intended to affect the direction, rate and/or volume of stormwater
runoff, snowmelt, and/or channelized flows across, within, and/or
away from a site. Stormwater facilities shall also adhere to applicable
state regulations and regulations in the Village of Waterford Municipal
Code.
Q.
Vehicle towing establishment. A place where tow trucks may be kept
along with towed vehicles, provided such use is associated with a
permitted or conditional use, and the scale of the operation is clearly
incidental to the permitted or conditional use as may be established
by the Plan Commission. Vehicle towing establishments shall adhere
to the following listed regulations:
R.
Solar energy systems. Solar energy systems that meet the all of the
site regulations, inclusive of setback and height requirements, for
accessory structures in the zoning districts in which they are located,
whether freestanding or roof- or wall-mounted, are allowed without
conditional use permits. Any solar energy system that does not meet
said requirements is required to obtain a conditional use permit.
S.
Wind energy systems. Vertical wind turbines that meet the all of
the site regulations, inclusive of setback and height requirements,
for accessory structures in the zoning districts in which they are
located, whether freestanding or roof- or wall-mounted, are allowed
without conditional use permits. Any vertical wind energy system that
does not meet said requirements is required to obtain a conditional
use permit, including vertical wind energy turbines greater than 20
feet in height. Vertical wind energy turbines greater than 30 feet
in height, including the base, are not allowed.
All temporary use permit applicants shall comply with the standards and procedures set forth in § 245-56.4. Signage shall comply with the requirements of Article VI.
A.
Temporary farm product sales. This land use includes the temporary
outdoor display and sales of farm products, typically from a roadside
stand. Temporary farm product sales shall adhere to the following
listed regulations:
B.
Temporary outdoor sales. Includes the display of any items outside the confines of a building that is not otherwise permitted as a permitted or conditional use, a sidewalk seating and display permit, or a special event otherwise regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk sales, seasonal garden shops, tent sales, Christmas tree sales, bratwurst stands, and more than three garage sales per year (see § 182-12 for garage sale regulations).
(1)
The user shall provide a layout of the activities to the Zoning
Administrator for approval prior to any event or sales activity.
(2)
Material for sale shall not be placed in any right-of-way, nor
shall it block visibility for vehicles on or off the lot in a way
that would create a safety hazard.
(3)
The hours of operation shall be limited to the hours between
7:00 a.m. and 9:00 p.m.
C.
Temporary outdoor assembly. Includes any organized outdoor assembly
of more than 100 persons, such as an outdoor wedding or tent meeting.
Temporary outdoor assembly shall adhere to the following regulations:
(1)
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(2)
If subject property is located adjacent to a residential area,
activities shall be limited to daylight hours.
(3)
Adequate provisions for crowd control shall be made and shall
be described within the temporary use application.
(4)
Adequate parking, drinking water, and toilet facilities shall
be provided and shall be described in the temporary use application.
D.
Temporary fair or amusement park. All temporary fairs and amusement parks shall be located contiguous to an arterial or collector street. Temporary fairs and amusement parks that utilize public lands are subject to Chapter 188, Special Events, of this Municipal Code.
E.
Preconstruction sales offices. Preconstruction sales offices that
are stand-alone (not located in a model home or model dwelling unit),
used exclusively as sales offices by a builder/developer and to display
the builder/developer's product or to display to prospective buyers
the builder/developer's features (such as exterior siding treatments,
roofing materials, interior trim, moldings, floor coverings, etc.),
may be staffed by the builder/developer's sales force and are subject
to the following restrictions:
(1)
District dimensional requirements to be met. The preconstruction
sales office shall meet all district requirements for lot and yard
dimensions.
(2)
Sign illumination. Signs shall not be illuminated after 9:00
p.m.
(3)
Business activity not permitted before 8:00 a.m. or after 9:00
p.m. The preconstruction sales office shall not be used for any business
activity before 8:00 a.m. or later than 9:00 p.m.
(4)
Screening and trash receptacles. Landscape drawings shall be
required and shall show adequate landscaping and screening from adjoining
residential lots or units, with the clear marking of the boundaries
of the model home lot or unit. Trash receptacles for use by the public
shall be provided around the model home.
(5)
Termination of use. The use of a preconstruction sales office
within a residential subdivision or condominium development, or within
any single phase of a multiphase subdivision or condominium development,
is not subject to the thirty-day time limit but shall terminate when
building permits have been issued for 90% of the lots therein; provided,
however, that the Plan Commission may extend the permit upon application
by the builder or developer. The preconstruction sales office shall
be removed within 30 days of the termination of the permit.
(6)
Temporary concrete batch plants or asphalt or asphalt reprocessing
plants (including materials processing and handling) and temporary
stone crushers are not allowed in the Village.
F.
Temporary structures. The following temporary structures may be permitted
as specified:
(1)
Construction trailers as temporary offices. A licensed contractor
engaged in a construction project for which a building permit has
been issued or is otherwise authorized by the Village shall obtain
a temporary use permit from the Zoning Administrator, who will specify
the terms of the occupancy,
(2)
Fireworks stands. No temporary use permit is required (a fireworks permit is required; see Chapter 132 of this Municipal Code).
(3)
Temporary storage containers. These containers are portable storage containers designed and used primarily for the temporary storage of household goods and other such materials for use on a limited basis on residential property. Temporary storage containers that adhere to the following regulations and meet the requirements of Subsection F(3)(b) below shall require a temporary use permit.
(a)
The container shall not exceed outside dimensions of 40 feet
in length, 10 feet in width, and nine feet in height.
(b)
The container shall be permitted on the property for the time
required by the applicant and set forth in the permit. No permit is
required for a container in place for less than eight days.
(c)
The container cannot encroach on the public right-of-way, neighboring
property, or sidewalk or be placed in the street.
(d)
This section does not apply to a temporary storage container
to be placed in a public right-of-way. Placement of a temporary storage
container or dumpster in the right-of-way requires a right-of-way
permit from the Department of Public Works.
(4)
Temporary construction storage. Temporary construction storage
includes any structure or outdoor storage area designed for the on-site
storage of construction equipment and/or materials for an active construction
project. Temporary construction storage, including dumpsters, may
be used for the duration of the project, subject to the following
regulations:
(a)
The structure shall be removed within 10 days of issuance of
a full certificate of zoning compliance.
(b)
Projects requiring the structure to be in place for more than
365 days shall require a conditional use permit. Said time limit may
be extended with Village Board approval.
(c)
The structure shall be limited to a maximum area not exceeding
10% of the property's gross site area.
(d)
This section does not apply to temporary construction storage
or dumpsters to be placed in a public right-of-way. Placement in the
right-of-way requires a right-of-way permit from the Director of Public
Works.
(5)
Relocatable buildings. A relocatable building includes but is not limited to any manufactured building, shed or other rigid structure that is not permanently attached to a foundation, that can be or is used for the storage of personal property or equipment of any kind, and that is located outside of an enclosed building. When used in conjunction with a temporary use permit, no separate permit is required. When used as part of the permanent use of the property, relocatable buildings are considered accessory structures that must meet the requirements of § 245-117 of this Municipal Code and do not require a temporary use permit. Relocatable buildings larger than 200 square feet in area require building permits. See Ch. 98 of this Municipal Code.
(6)
Tents, canopies or other flexible structures.
(a)
A tent, canopy or other flexible or semi-flexible structure
associated with a permitted temporary use is allowed for the time
period for the temporary use if it is incidental to the permitted
temporary use and was approved as part of the application. It shall
not be located in the vision clearance triangle.
(b)
Tents used for temporary recreational purposes in residential
zoning districts shall not be regulated when they are incidental to
the residential use and are placed in the side or rear yard.
(c)
Tents, canopies and other flexible or semi-flexible structures
shall not be used for storage of any kind in any zoning district unless
associated with a temporary use permit or special event permit, or
for temporary recreational purposes.
G.
Farmers' market and food trucks. Farmers' markets and food trucks include the temporary or occasional outdoor retail sales of farm produce, plants and flowers, bakery goods, foods, and/or crafts from vehicles or temporary stands located within a parking lot. When located on public land, farmers markets and food, trucks are subject to Chapter 188, Special Events, of this Municipal Code. Farmers' markets and food trucks shall adhere to the following listed regulations:
