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. A further distinction is made for
land uses which may locate in a given district only upon obtaining
a conditional or temporary use permit to do so. Finally, certain land
uses may locate in a given district as a matter of right upon compliance
with special regulations for such a land use.
The land uses listed in Article II are specifically designated and refer to the detailed listing of land uses contained in §§ 250-35 through 250-44 (detailed land use descriptions and regulations).
A.
Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter (§ 250-34); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter, including § 250-127; and per any and all other applicable Village, county, state and federal regulations.
B.
Land uses permitted as a conditional use:
(1)
Land uses listed as permitted as a conditional use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in §§ 250-35 through 250-44 (detailed land use descriptions and regulations), including any additional requirements imposed as part of the conditional use process. 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. (See also § 250-124 for conditional use procedures.)
C.
Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in §§ 250-35 through 250-44 (detailed land use descriptions and regulations).
D.
Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 250-44 (temporary land uses). (See also §§ 250-35 through 250-43.)
(2)
Although a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question or unless an appropriate variance has been granted pursuant to § 250-129.
See Appendix C, which is nonregulatory, for a summary of the
treatment of all land uses regulated by this article.[1]
[1]
Editor's Note: Appendix C, containing the tables of land use regulations, is included at the end of this chapter.
All uses of land initiated within the jurisdiction of this chapter
on or following the effective date of this chapter shall comply with
all of the provisions of this chapter. Specifically:
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 to which land is put within particular zoning
districts. Such regulations and requirements address both general
and specific regulations which land uses shall adhere to and which
are directly related to the protection of the health, safety and general
welfare of the residents of the Village of Johnson Creek and its environs.
B.
Density and intensity regulations and requirements. All development
of land shall comply with all the regulations and requirements of
this chapter pertaining to the maximum permitted density (for residential
land uses) and intensity (for nonresidential land uses) of land uses.
Such regulations and requirements address issues such as floor area
ratios (FARs), green space ratios (GSRs), and landscape surface ratios
(LSRs), which are directly related to and are a critical component
of density and intensity and the protection of the health, safety
and general welfare of the residents of the Village of Johnson Creek
and its environs.
C.
Bulk regulations and requirements. All development of land shall
comply with all the regulations and requirements of this chapter pertaining
to the maximum permitted bulk of structures and the location of structures
on a lot. Such regulations and requirements address issues such as
height, setbacks from property lines and rights-of-way, and minimum
separation between structures, which are directly related to and a
critical component of the effective bulk of a structure and the protection
of the health, safety and general welfare of the residents of the
Village of Johnson Creek and its environs.
D.
Natural resources and green space regulations and requirements. All
land use and/or development of land shall comply with all the regulations
and requirements of this chapter pertaining to the protection of sensitive
natural resources and required green space areas. Such regulations
and requirements address issues such as absolute protection, partial
protection, and migration, which are directly related to and a critical
component of the protection of natural resources and the protection
of the health, safety and general welfare of the residents of the
Village of Johnson Creek and its environs.
E.
Landscaping and bufferyard regulations and requirements. All development
of land shall comply with all the regulations and requirements of
this chapter pertaining to the provision of landscaping and bufferyards.
Such regulations and requirements address issues such as minimum required
landscaping of developed land and minimum required provision of bufferyards
between adjoining zoning districts and/or development options, which
are directly related to and a critical component of the effective
bulk of a structure and the protection of the health, safety and general
welfare of the residents of the Village of Johnson Creek and its environs.
F.
Performance standards and requirements. All development of land shall
comply with all the regulations and requirements of this chapter pertaining
to the provision of appropriate access, parking, loading, storage
and lighting facilities. Such regulations and requirements address
issues such as maximum permitted access points, minimum required parking
spaces, the screening of storage areas, and maximum permitted intensity
of lighting, as well as defining acceptable levels of potential nuisances
such as noise, vibration, odors, heat, glare and smoke, which are
directly related to and a critical component of the protection of
the health, safety and general welfare of the residents of the Village
of Johnson Creek and its environs.
G.
Signage regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article IX pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage, which are directly related to and a critical component of the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs.
H.
Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article X pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements and are directly related to and a critical component of the protection of the health, safety and general welfare of the residents of the Village of Johnson Creek and its environs. At a minimum, all development shall be subject to the requirements of § 250-127.
I.
Number of buildings per lot. In the RH and SR-2, SR-3, SR-4 Districts, only one principal building shall be permitted on any one lot. In the TR-6, MR-8, MR-10, NO, PO, NB, PB, GB, CB, PI, GI and HI Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with § 250-47.
J.
K.
Division or combining of a lot. No recorded lot shall be divided
into two or more lots, and no two or more recorded lots shall be combined
into one or more lots, unless such division or combination results
in the creation of lots, each of which conforms to all of the applicable
regulations of the zoning district in which said lot is located (as
set forth in this chapter). (See also the Land Division Regulations.[1])
The land use categories employed by this chapter are defined
in this article. Land uses which are not listed in this chapter are
not necessarily excluded from locating within any given zoning district.
Section 250-130 empowers the Zoning Administrator to make interpretations
on matters regarding specific land use proposals which are not addressed
by this chapter.
A.
Conventional residential development.
(1)
Description: This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD). (See Subsection F below.)
(2)
Conventional residential development can be made up of the following
dwelling unit types (on the following pages).
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The table below indicates the measurements shown on the dwelling unit type graphics on the following pages. These letters correspond to the regulations in Article II. (Note: all letters do not appear on all graphics.)
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B
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Minimum lot width
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E
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Front or street side lot line to house
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F
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Front or street side lot line to garage
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G
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Side lot line to house or garage
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|
I
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Rear lot line to house or garage
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J
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Side lot line to accessory structure
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K
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Rear lot line to accessory structure
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M
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Minimum paved surface setback
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N
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Minimum dwelling unit separation
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Q
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Minimum number of off-street parking spaces required on the
lot
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(a)
Single-family detached. Description: 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 which is located on an individual lot or within a group development. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD Code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. The minimum number of off-street parking spaces required for a single-family detached house on a single lot is three spaces, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Single-Family Detached Dwelling Unit
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(b)
Duplex. Description: These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences may or may not be located on individual lots. The twin-house is distinguished from a duplex merely by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences. The minimum number of off-street parking spaces required for a duplex on a single lot is three spaces per dwelling unit, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Duplex
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(c)
Twin-house. Description: These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences may or may not be located on individual lots. The twin-house is distinguished from the duplex house merely by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences. The minimum number of off-street parking spaces required for a twin-house on a single lot is three spaces per dwelling unit, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Twin-House
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(d)
Two-flat house. Description: This dwelling unit type consists of a single-family residence, which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (§§ 101.60 through 101.66, Wis. Stats.), which has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. In some zoning districts, this use is a conditional use and must be approved through the procedures of § 250-124. The minimum number of off-street parking spaces required for a two-flat house on a single lot is three spaces per dwelling unit, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Two-Flat House
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(e)
Townhouse. Description: This dwelling unit type consists of attached two-story single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. No more than eight and no less than three townhouse dwelling units may be attached per group. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. The minimum number of off-street parking spaces required for a townhouse on a single lot is 2.5 spaces per three-bedroom townhouse, two spaces per two-bedroom townhouse, one parking space per one-bedroom townhouse, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Townhouse
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(f)
Multiplex. Description: This dwelling unit type consists of an attached multifamily residence which has a private, individual exterior entrance. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than six and no less than three multiplex dwelling units may be attached per group. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. The minimum number of off-street parking spaces required for a multiplex on a single lot is 2.5 spaces per three-bedroom, two spaces per two-bedroom, one parking space per one-bedroom or efficiency apartment, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Multiplex
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(g)
Apartment. Description: This dwelling unit type consists of an attached multifamily residence which takes access from a shared entrance or hallway. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than 16 dwelling units and no less than three may be located in a building. As part of the conditional use requirements for group developments, any development comprised of one or more buildings which contain four or more dwelling units shall provide additional site design features, such as underground parking, architectural elements, landscaping and/or on-site recreational facilities. All apartment units within a development shall be located a minimum of 30 feet from the boundary of the development. The minimum number of off-street parking spaces required for an apartment building on a single lot is 2.5 spaces per three-bedroom, two spaces per two-bedroom, one parking space per one-bedroom or efficiency apartment, including garage, drives and all designated parking surfaces. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
Apartment
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(h)
Mobile home. Description: This dwelling unit type consists of a fully detached single-family residence which has not received a federal manufactured housing certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission. Refer to the illustration below and to Article II for setback requirements labeled in capital letters.
.tif.png "250 Mobile Home (Land Use).tif")
Mobile Home (Land Use)
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B.
(Reserved)
C.
Institutional residential development. Description: This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents and dormitories (see § 250-38F). No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. (See Subsection F below.)
(1)
Regulations.
(a)
The proposed site shall be located so as to avoid disruption
of an established or developing office area. Within the Neighborhood
Office (NO) and Planned Office (PO) Districts, institutional residential
developments shall be designed so as to maintain the character of
the adjacent properties.
(b)
Shall be located with primary vehicular access on a collector
or arterial street.
(c)
No access shall be permitted to a local residential street.
(d)
Applicant shall provide off-street passenger loading area at
a minimum of one location within the development.
(e)
All structures shall be located a minimum of 50 feet from any
residentially zoned property which does not contain an institutional
residential land use.
D.
Mobile home residential development (subdivision). Description: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 250-36A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See Subsection F below.)
(1)
Regulations.
(a)
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
(b)
Mobile home residential developments shall comply with the same landscaping and bufferyard requirements as the Multifamily Residential-10 District, as specified in § 250-79 of this chapter.
[Amended 8-11-2008 by Ord. No. 13-08].
(c)
No access shall be permitted to local residential streets.
E.
Mobile home park residential development (rental/condo park). Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 250-36A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See Subsection F below.)
(1)
Regulations.
(a)
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
(b)
Mobile home park residential developments shall comply with the same landscaping and bufferyard requirements as the Multifamily Residential-10 District, as specified in § 250-79 of this chapter.
[Amended 8-11-2008 by Ord. No. 13-08].
(c)
No access shall be permitted to local residential streets.
F.
Note regarding percentage of green space and maximum density yield:
This estimate is provided as a general rule of thumb for the convenience
of the users of this chapter. Such a yield is not to be considered
as ensured by the provisions of this chapter.
A.
Cultivation. Description: Cultivation land uses include all operations
primarily oriented to the on-site outdoor raising of plants. This
land use includes trees which are raised as a crop to be replaced
with more trees after harvesting, such as in nursery or Christmas
tree operations. The raising of plants for consumption by farm animals
is considered cultivation if said plants are consumed by animals which
are located off site.
(2)
Parking requirements: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 250-87F(1).]
B.
Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 250-15) per acre. Apiaries are considered husbandry land uses.
(1)
Regulations.
(2)
Parking requirements: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 250-87F(1).]
C.
Intensive agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 250-15) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.
(1)
Regulations.
(a)
Shall not be located in or adjacent to an existing or platted
residential subdivision.
(b)
Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 250-79.)
(c)
All buildings, structures, outdoor storage areas, and outdoor
animal containments (pastures, pens and similar areas) shall be located
a minimum of 300 feet from all residentially zoned property and 100
feet from all other lot lines.
(d)
Shall be located in an area which is planned to remain commercially
viable for agricultural land uses.
(2)
Parking requirements: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 250-87F(1).]
D.
Agricultural service. Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 250-40F).
(1)
Regulations.
(a)
Shall not be located in or adjacent to an existing or platted
residential subdivision.
(b)
All buildings, structures, outdoor storage areas, and outdoor
animal containments (pastures, pens and similar areas) shall be located
a minimum of 100 feet from all lot lines.
(c)
If within the RH District, shall be located in an area which
is planned to remain commercially viable for agricultural land uses.
(2)
Parking requirements: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 250-87F(1).]
E.
On-site agricultural retail. Description: On-site agricultural retail
land uses include land uses solely associated with the sale of agricultural
products grown exclusively on the site. The sale of products grown
or otherwise produced off site shall not be permitted within on-site
agricultural retail operations, and such activity constitutes retail
sales as a commercial land use. Packaging and equipment used to store,
display, package or carry products for the convenience of the operation
or its customers (such as egg cartons, baskets, containers and bags)
shall be produced off site.
(1)
Regulations.
(a)
No structure or group of structures shall exceed 500 square
feet in floor area.
(b)
No structure shall exceed 12 feet in height.
(c)
All structures shall meet all required setbacks for nonresidential
land uses.
(d)
Signage shall be limited to one on-site sign, which shall not
exceed 30 square feet in area.
(e)
Such land use shall be served by no more than one driveway.
Said driveway shall require a valid driveway permit.
(f)
A minimum of one parking space shall be required for every 200
square feet of product display area.
(g)
The sale of products which are grown or otherwise produced on
nonadjacent property under the same ownership or on property under
different ownership shall be prohibited.
(h)
Said structure and fencing shall be located a minimum of 300
feet from any residentially zoned property.
(2)
Parking requirements: one space per employee on the largest work shift and four spaces for customers. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 250-87F(1).]
F.
Selective cutting. Description: Selective cutting land uses include any operation associated with the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting (see Subsection G below).
(1)
Regulations: not applicable (na).
G.
Clear cutting. Description: Clear cutting land uses include the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of § 250-139) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.
(1)
Regulations.
(a)
Applicant shall demonstrate that clear cutting will improve
the level of environmental protection on the subject property.
(b)
Areas of the subject property which are clear cut beyond the limitations established above shall be replanted per the requirements of § 250-69. (Referenced section requires the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)
A.
Passive outdoor public recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see Subsection B below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.
(1)
Parking requirements: one space per four expected patrons at maximum
capacity for any use requiring over five spaces.
B.
Active outdoor public recreational. Description: Active outdoor public
recreational land uses include all recreational land uses located
on public property which involve active recreational activities. Such
land uses include play courts (such as tennis courts and basketball
courts), play fields (such as ball diamonds, football fields, and
soccer fields), tot-lots, outdoor swimming pools, swimming beach areas,
fitness courses, public golf courses, horse trails and similar land
uses.
(1)
Regulations.
(a)
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 § 250-79). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(b)
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
(c)
Facilities which serve a community-wide function shall be located
with primary vehicular access on a collector or arterial street.
(d)
Facilities which serve a regional or community-wide function
shall provide off-street passenger loading area if the majority of
the users will be children.
(2)
Parking requirements: one space per four expected patrons at maximum
capacity for any use requiring over five spaces.
C.
Indoor institutional. Description: Indoor institutional land uses
include all indoor public and not-for-profit recreational facilities
(such as gyms, swimming pools, libraries, museums and community centers),
schools, churches, nonprofit clubs, nonprofit fraternal organizations,
convention centers, hospitals, jails, prisons and similar land uses.
(1)
Regulations.
(a)
Shall be located with primary vehicular access on a collector
or arterial street.
(b)
Shall provide off-street passenger loading area if the majority
of the users will be children (as in the case of a school, church,
library or similar land use).
(c)
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
(2)
Parking requirements: generally, one space per three expected patrons
at maximum capacity. However, see additional specific requirements
below.
(a)
Church: one space per five seats at the maximum capacity.
(b)
Community or recreation center: one space per 250 square feet
of gross floor area or one space per four patrons to the maximum capacity,
whichever is greater, plus one space per employee on the largest work
shift.
(c)
Funeral home: one space per three patron seats at the maximum
capacity, plus one space per employee on the largest work shift.
(d)
Hospital: two spaces per three patient beds, plus one space
per staff doctor and each other employee on the largest work shift.
(e)
Library or museum: one space per 250 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
(f)
Elementary and junior high: one space per teacher and per staff
member, plus one space per two classrooms.
(g)
Senior high: one space per teacher and staff member, plus one
space per five nonbused students.
(h)
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
D.
Outdoor institutional. Description: Outdoor institutional land uses
include public and private cemeteries, privately held permanently
protected green space areas, country clubs, nonpublic golf courses,
and similar land uses.
(1)
Regulations.
(a)
Shall be located with primary vehicular access on a collector
or arterial street.
(b)
Shall provide off-street passenger loading area if a significant
proportion of the users will be children.
(c)
All structures and actively used outdoor recreational areas
shall be located a minimum of 50 feet from any residentially zoned
property.
(2)
Parking requirements: generally, one space per three expected patrons
at maximum capacity. However, see additional specific requirements
below.
(a)
Cemetery: one space per employee, plus one space per three patrons
to the maximum capacity of all indoor assembly areas.
(b)
Golf course: 36 spaces per nine holes, plus one space per employee
on the largest work shift, plus 50% of spaces otherwise required for
any accessory uses (e.g., bars, restaurant).
(c)
Swimming pool: one space per 75 square feet of gross water area.
(d)
Tennis court: three spaces per court.
E.
Public service and utilities. Description: Public service and utilities
land uses include all Village, county, state and federal facilities
(except those otherwise treated in this section), emergency service
facilities such as fire departments and rescue operations, wastewater
treatment plants, public and/or private utility substations, water
towers, utility- and public-service-related distribution facilities,
and similar land uses.
(1)
Regulations.
(a)
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
(b)
All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 250-79). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(c)
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
(d)
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
(2)
Parking requirements: one space per employee on the largest work
shift, plus one space per company vehicle normally stored or parked
on the premises, plus one space per 500 square feet of gross square
feet of office area.
F.
Institutional residential. Description: Institutional residential
land uses include group homes, convents, monasteries, nursing homes,
convalescent homes, limited care facilities, rehabilitation centers,
and similar land uses not considered to be community living arrangements
under the provisions of § 62.23, Wis. Stats.
(2)
Parking requirements.
(a)
Monastery or convent: one space per six residents, plus one
space per employee on the largest work shift, plus one space per five
chapel seats if the public may attend.
(b)
Nursing home: one space per six patient beds, plus one space
per employee on the largest work shift, plus one space per staff member
and per visiting doctor.
G.
Community living arrangement (one to eight residents). Description:
Community living arrangement land uses include all facilities provided
for in § 46.03(22), Wis. Stats., including child welfare
agencies, group homes for children, and community-based residential
facilities. Community living arrangements do not include day-care
centers (see separate listing); nursing homes (an institutional residential
land use); general hospitals, special hospitals, prisons or jails
(all indoor institutional land uses). Community living arrangement
facilities are regulated depending upon their capacity, as provided
for in § 62.23(7)(i), Wis. Stats.
(1)
Regulations.
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity.
(b)
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).
(2)
Parking requirements: three spaces.
H.
Community living arrangement (nine to 15 residents). Description: See Subsection G above.
(1)
Regulations.
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity.
(b)
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).
(2)
Parking requirements: four spaces.
I.
Community living arrangement (16 or more residents). Description: See Subsection G above.
(1)
Regulations.
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity.
(b)
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).
(2)
Parking requirements: one space per every three residents.
A.
Office. Description: Office land uses include all exclusively indoor
land uses whose primary functions are the handling of information
or administrative services. Such land uses do not typically provide
services directly to customers on a walk-in or on-appointment basis.
(1)
Parking requirements: one space per 300 square feet of gross floor
area.
B.
Personal or professional service. Description: Personal service and
professional service land uses include all exclusively indoor land
uses whose primary function is the provision of services directly
to an individual on a walk-in or on-appointment basis. Examples of
such uses include professional services, insurance or financial services,
realty offices, medical offices and clinics, veterinary clinics, barbershops,
beauty shops, and related land uses.
(1)
Parking requirements: one space per 300 square feet of gross floor
area.
C.
Indoor sales or service. Description: Indoor sales and service land
uses include all land uses which conduct or display sales or rental
merchandise or equipment, or nonpersonal or nonprofessional services,
entirely within an enclosed building. This includes self-service facilities
such as coin-operated laundromats. Depending on the zoning district,
such land uses may or may not display products outside of an enclosed
building. Such activities are listed as "outdoor display incidental
to indoor sales" under "accessory uses" in the Table of Land Uses[1] (see § 250-43F). A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use. (See Subsection D below.) Artisan studios are regulated in § 250-39R.
[Amended 11-14-2005 by Ord. No. 20-05].
(1)
Regulations.
(a)
Within the PO District, permitted uses shall be limited to indoor
sales and personal services which primarily support office tenants,
such as office supply stores, copy centers and travel agencies.
(2)
Parking requirements: one space per 300 square feet of gross floor
area.
[1]
Editor's Note: The Land Use Regulation Tables are included
at the end of this chapter.
D.
Outdoor display. Description: Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales, and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see § 250-40 below). (Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 250-43F as "outdoor display incidental to indoor sales.")
(1)
Regulations.
(a)
The display of items shall not be permitted in permanently protected
green space areas, required landscaped areas, or required bufferyards.
(b)
The display of items shall not be permitted within required
setback areas for the principal structure.
(c)
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 § 250-87. 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.
(d)
Display 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.
(e)
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.
(f)
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.
(g)
Inoperative vehicles or equipment, or other items typically
stored or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
(2)
Parking requirements: one space per 300 square feet of gross floor
area.
E.
Indoor maintenance service. Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use (see § 250-39Q).
(1)
Parking requirements: one space per 300 square feet of gross floor
area.
F.
Outdoor maintenance service. Description: Outdoor maintenance services
include all land uses which perform maintenance services, including
repair, and have all or any portion of their operations located outside
of an enclosed building.
G.
In-vehicle sales or service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services; see § 250-39Q). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations, all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land use shall be considered an accessory use (see § 250-43G).
(1)
Regulations.
(a)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(b)
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(c)
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.
(d)
The setback of any overhead canopy or similar structure shall
be a minimum of 10 feet from all street rights-of-way lines, a minimum
of 20 feet from all residentially zoned property lines, and shall
be a minimum of 10 feet from all other property lines. The total height
of any overhead canopy or similar structure shall not exceed 20 feet
as measured to the highest part of the structure.
(e)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four-ton axle load.
(f)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 250-79).
(g)
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 be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
(2)
Parking requirements. Parking requirement shall be based on the nature
of indoor activities, for example: indoor entertainment parking requirements
related to seating count for a restaurant; office parking requirements
related to floor area for a bank; and indoor sales and service parking
requirements related to floor area for a convenience store with a
drive-up window.
[Amended 10-8-2007 by Ord. No. 19-07]
H.
Indoor commercial entertainment. Description: Indoor commercial entertainment
land uses include all land uses which provide entertainment services
entirely within an enclosed building. Such activities often have operating
hours which extend significantly later than most other commercial
land uses. Examples of such land uses include restaurants, taverns,
theaters, health or fitness centers, all forms of training studios
(dance, art, martial arts, etc.), bowling alleys, arcades, roller
rinks, and pool halls.
(1)
Regulations.
(a)
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.
(2)
Parking requirements: one space per every three patron seats or lockers
(whichever is greater) or one space per three persons at the maximum
capacity of the establishment, whichever is greater.
I.
Outdoor commercial entertainment. Description: Outdoor commercial
entertainment land uses include all land uses which provide entertainment
services partially or wholly outside of an enclosed building. Such
activities often have the potential to be associated with nuisances
related to noise, lighting, dust, trash and late operating hours.
Examples of such land uses include volleyball, horseshoe and related
facilities associated with entertainment land uses, outdoor commercial
swimming pools, driving ranges, miniature golf facilities, amusement
parks, drive-in theaters, go-cart tracks, and racetracks.
(1)
Regulations.
(a)
Activity areas shall not be located closer than 300 feet to
a residentially zoned property.
(b)
Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (§ 250-79).
(c)
Activity areas (including drive-in movie screens) shall not
be visible from any residentially-zoned property.
(2)
Parking requirements: one space for every three persons at the maximum
capacity of the establishment.
J.
Commercial animal boarding. Description: Commercial animal boarding
facility land uses include land uses which provide short-term and/or
long-term boarding for animals. Examples of these land uses include
commercial kennels and commercial stables. Exercise yards, fields,
training areas, and trails associated with such land uses are considered
accessory to such land uses and do not require separate consideration.
K.
Commercial indoor lodging. Description: Commercial indoor lodging
facilities include land uses which provide overnight housing in individual
rooms or suites of rooms, each room or suite having a private bathroom.
Such land uses may provide in-room or in-suite kitchens and may also
provide indoor recreational facilities for the exclusive use of their
customers. Restaurant, arcades, fitness centers, and other on-site
facilities available to nonlodgers are not considered accessory uses
and, therefore, require review as a separate land use.
(1)
Regulations.
(a)
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.
(b)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 250-79).
(c)
Within the PO District, each and every room must take primary
access via an individual interior door and may not be accessed via
an external balcony, porch or deck, except for emergency purposes.
(2)
Parking requirements: one space per bedroom, plus one space for each
employee on the largest work shift.
L.
Bed-and-breakfast establishment. Description: Bed-and-breakfast establishments
are exclusively indoor lodging facilities which provide meals only
to paying lodgers. Such land uses may provide indoor recreational
facilities and passive outdoor recreation facilities such as docks
and gardens for the exclusive use of their customers.
(1)
Regulations.
(a)
All such facilities shall be required to obtain a permit to
serve liquor, if applicable. They shall be inspected annually at a
fee as established by a separate fee ordinance to verify that the
land use continues to meet all applicable regulations.
(b)
One sign, with a maximum area of 20 square feet, shall be permitted
on the property.
(c)
Facility may be required to provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 250-79).
(d)
No premises shall be utilized for a bed-and-breakfast operation
unless there are at least two exits to the outdoors from such premises.
Rooms utilized for sleeping shall have a minimum size of 100 square
feet for two occupants with an additional 30 square feet for each
additional occupant to a maximum of four occupants per room. Each
sleeping room used for the bed-and-breakfast operation shall have
a separate operational smoke detector alarm, as required in the Building
Code.[2] One lavatory and bathing facility shall be required for
every 10 occupants, in addition to the owner/operator's personal facilities.
(e)
The dwelling unit in which the bed-and-breakfast takes place
shall be the principal residence of the operator/owner and said operator/owner
shall live on the premises when the bed-and-breakfast operation is
active.
(f)
Only the meal of breakfast shall be served to overnight guests.
(g)
Each operator shall keep a list of names of all persons staying
at the bed-and-breakfast operation. This list shall be kept on file
for a period of one year. Such list shall be available for inspection
by Village officials at any time.
(h)
The maximum stay for any occupants of a bed-and-breakfast operations
shall be 31 days.
(i)
It shall be unlawful for any persons to operate a bed-and-breakfast
operation as defined and as permitted in the Code of the Village of
Johnson Creek without first having obtained a conditional use permit.
(j)
Application requirements. Applicants for a license 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 Village Zoning Ordinance, as amended, other applicable Village
codes and ordinances, and within the terms of this chapter.
(k)
Consideration of issuance. After application duly filed with
the Clerk for a license under this chapter, Plan Commission review
and recommendation for a conditional use permit, the Village Board
shall hold a public hearing and determine whether any further license
shall be issued based upon the pubic convenience and necessity of
the people in the Village. In the Board's determination of the number
of bed-and-breakfast operations required to provide for such public
convenience and necessity, the Board shall consider the effect upon
residential neighborhoods, conditions of existing holders of licenses,
and the necessity of issuance of additional licenses for public service.
(l)
Public nuisance violations. Bed-and-breakfast operations shall
not be permitted whenever the operation endangers or offends or interferes
with the safety or rights of others so as to constitute a nuisance.
(m)
Suspension, revocation and renewal. Any license issued under
the provisions of this chapter 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; 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)
Parking requirements: one space per each bedroom.
M.
Group day-care center (nine or more children). Description: Group
day-care centers are land uses in which qualified persons provide
child-care services for nine or more children. Examples of such land
uses include day-care centers and nursery schools. Such land uses
shall not be located within a residential building. Such land uses
may be operated on a for-profit or a not-for-profit basis. Such land
uses may be operated in conjunction with another principal land use
on the same environs, such as a church, school, business or civic
organization. In such instances, group day-care centers are not considered
as accessory uses and. therefore. require review as separate land
uses.
N.
Campground. Description: Campgrounds include any facilities designed
for overnight accommodation of persons in tents, travel trailers,
or other mobile or portable shelters or vehicles.
O.
Boardinghouse. Description: Boardinghomes include any residential
use renting rooms which do not contain private bathroom facilities
(with the exception of approved bed-and-breakfast facilities).
(1)
Regulations. Facility:
(a)
Shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 250-79).
(b)
Shall provide a minimum of one on-site parking space for each
room for rent.
(c)
Shall be located in an area of transition from residential land
uses to nonresidential land uses.
(2)
Parking requirements: one space per room for rent, plus one space
per each employee on the largest work shift.
P.
Adult-oriented land uses. (Note: The incorporation of this subsection
into this chapter is designed to reflect the Village Board's official
finding that adult-oriented commercial uses have a predominant tendency
to produce certain undesirable secondary effects on the surrounding
community, as has been demonstrated in other similar jurisdictions.
Specifically, the Village Board is concerned with the potential for
such uses to limit the attractiveness of nearby locations for new
development, the ability to attract and/or retain customers, and the
ability to market and sell nearby properties at a level consistent
with similar properties not located near such facilities. It is explicitly
not the intent of this subsection to suppress free expression by unreasonably
limiting alternative avenues of communication but rather to balance
the need to protect free expression opportunities with the need to
implement the Village's Comprehensive Master Plan and protect the
character and integrity of its commercial and residential neighborhoods.)
(1)
ADULT-ORIENTED LAND USES or ADULT-ORIENTED ESTABLISHMENTS
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
ADULT MINI MOTION-PICTURE THEATER
ADULT CABARET
ADULT ENTERTAINMENT
SPECIFIED SEXUAL ACTIVITIES
(a)
(b)
(c)
SPECIFIED ANATOMICAL AREAS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture establishments
or adult cabarets. Includes any premises to which public patrons or
members are invited or admitted and which are so physically arranged
as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purpose of viewing adult-oriented
motion pictures, or wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, whether or not such
adult entertainment is held, conducted, operated or maintained for
a profit, direct or indirect.
An establishment having as a substantial or significant portion
of its stock-in-trade, for sale, rent, lease, inspection or viewing,
books, films, videocassettes, magazines or other periodicals which
are distinguished or characterized by their emphasis on matters depicting,
describing or related to specified anatomical areas, as defined below,
or an establishment with a segment or section devoted to the sale,
rent or display of such material.
An enclosed building with a capacity of 50 or more persons
used for presenting materials distinguished or characterized by an
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined below,
for observation by patrons therein.
An enclosed building with a capacity of 50 or fewer persons
used for presenting materials distinguished or characterized by an
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined below,
for observation by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators, or similar entertainers.
Any exhibition of any motion pictures, live performances,
display or dance of any type which has as its dominant theme or is
distinguished or characterized by an emphasis on an actual or simulated
specified sexual activities or specified anatomical areas, as defined
below.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal;
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus; and/or
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
(2)
Location
of adult-oriented establishments.
(a)
In the Heavy Industrial (HI) Zoning District and the General Industrial
(GI) Zoning District, adult-oriented establishments shall be allowed
as a conditional use, provided that such establishments are not located
within 500 feet of any residential zone, any public or private school,
church, religious institution, or any public park, and shall not be
located within 500 feet of any other adult-oriented establishment.
[Amended 9-28-2009 by Ord. No. 14-09]
(b)
Adult-oriented establishments, as defined above, are prohibited in
all zoning except the HI and GI Zoning Districts.
[Amended 9-28-2009 by Ord. No. 14-09]
(c)
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.
(3)
Standards
of measurement. The distances provided in this section shall be measured
in a straight line without regard to intervening structures or objects
from the closest point of the structure or portion of the structure
occupied or proposed for occupancy by the adult-oriented establishment
to the nearest point of the parcel or property or land use district
boundary relined from which the proposed land use is to be separated.
(4)
Conformance
with chapter. In all zones where adult-oriented establishments are
permitted, all regulations and requirements of this chapter must be
met. Additionally, all provisions of the zoning district in which
the establishment is located must be met.
(5)
Severability.
The sections of this subsection are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court
of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specified section or portion
thereof directly specified in the decision and not affect the validity
of all other provisions, sections or portions thereof of the subsection,
which shall remain in full force and effect.
(6)
Parking
requirements: one space per 300 square feet of gross floor area or
one space per person at the maximum capacity of the establishment
(whichever is greater).
Q.
Vehicle repair and maintenance service. Description: Vehicle repair
and maintenance services include all land uses which perform maintenance
services (including repair) to motorized vehicles and contain all
operations (except vehicle storage) entirely within an enclosed building.
R.
Artisan studios. Description: A building or portion thereof used
for the preparation, display and sale of individually crafted artwork,
jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles,
and related items, as either a principal use or accessory use. A studio
is used by no more than three artists or artisans. An artisan production
shop is an artisan studio used by more than three artists or artisans.
(1)
Parking requirements: one space per 300 square feet of gross floor
area. Adequate on-site parking is required for all customer and employee
vehicles.
A.
Indoor storage or wholesaling.
(1)
Description: 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 § 250-43H below.
(2)
Parking requirements: one space per 2,000 square feet of gross floor
area.
B.
Outdoor storage or wholesaling. Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. Such a land use in which any activity beyond loading and parking is located outdoors is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumberyards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see Subsection D).
(1)
Regulations.
(a)
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.
(b)
The storage of items shall not be permitted in permanently protected green space areas (see § 250-77).
(c)
The storage of items shall not be permitted in required frontage
landscaping or bufferyard areas.
(d)
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 § 250-87. 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.
(e)
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.
(f)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
traffic/traffic and traffic/pedestrian conflicts.
(g)
Inoperative 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.
(h)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 250-79).
(i)
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.
(2)
Parking requirements: one space for every 10,000 square feet of gross
storage area, plus one space per each employee on the largest work
shift.
C.
Personal storage facility. Description: Personal storage facilities
are land uses oriented to the indoor storage of items entirely within
partitioned buildings having an individual access to each partitioned
area. Such storage areas may be available on either a condominium
or rental basis; also known as "mini warehouses."
(1)
Regulations.
(a)
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.
(b)
Facility shall provide a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property (see § 250-79).
(c)
Facility shall comply with § 250-124 standards and procedures applicable to all conditional uses.
(d)
No electrical power shall be run to the storage facilities,
except for exterior lighting.
(2)
Parking requirements: one space for each employee on the largest
work shift.
D.
Junkyard or salvage yard. Description: Junkyard or salvage yard facilities
are any land or structure used for a salvaging operation, including
but not limited to the aboveground outdoor storage and/or sale of
wastepaper, rags, scrap metal, and any other discarded materials intended
for sale or recycling and/or the collection, dismantlement, storage
or salvage of two or more unlicensed and/or inoperative vehicles.
Recycling facilities involving on-site outdoor storage of salvage
materials are included in this land use.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 250-79).
(b)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines.
(c)
In no instance shall activity areas be located within required
frontage landscaping or bufferyard areas.
(2)
Parking requirements: one space for every 20,000 square feet of gross
storage area, plus one space for each employee on the largest work
shift.
E.
Waste disposal facility. Description: Waste disposal facilities are
any areas used for the disposal of solid wastes, including those defined
by Wis. Stats. 144.01(15)[1] but not including composting operations (see Subsection F below).
(1)
Regulations.
(a)
Facility shall comply with all county, state and federal regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 250-79).
(c)
All buildings, structures and activity areas shall be located
a minimum of 300 feet from all lot lines.
(d)
Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 250-102) in any manner.
(e)
Required site plans shall include detailed site restoration
plans, which shall include, at minimum, detailed grading and revegetation
plans and maintaining and remediation plans for groundwater, and a
detailed written statement indicating the timetable for such restoration.
A surety bond, in an amount equivalent to 125% of the costs determined
to be associated with said restoration (as determined by a third party
selected by the Village), shall be filed with the Village by the petitioner
(subject to approval by the Village Administrator) and shall be held
by the Village for the purpose of ensuring that the site is restored
to its proposed condition. This amount shall be recalculated and a
new bond shall be required biannually. (The requirement for said surety
is waived for waste disposal facilities owned by public agencies.)
(2)
Parking requirements: one space for each employee on the largest
work shift.
[1]
Editor's Note: Section 144.01, Wis. Stats., was repealed by
1995 Act 227. A definition of "solid waste" is contained in §
295.11(10), Wis. Stats.
F.
Composting operation. Description: Composting operations are any
land uses devoted to the collection, storage, processing and/or disposal
of vegetation.
(1)
Regulations.
(a)
Facility shall comply with all county, state and federal regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see § 250-79).
(c)
All buildings, structures, and activity areas shall be located
a minimum of 100 feet from all lot lines.
(d)
No food scraps or other vermin-attracting materials shall be
processed, stored or disposed of on site.
(e)
Operations shall not involve the on-site holding, storage or
disposal of hazardous wastes as defined by state statutes in any manner.
(2)
Parking requirements: one space for each employee on the largest
work shift.
A.
Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also § 250-87 for additional parking regulations.
B.
Airport/heliport. Description: Airports and heliports are transportation
facilities providing takeoff, landing, servicing, storage and other
services to any type of air transportation. The operation of any type
of air vehicle (including ultralight aircraft, hang gliders, parasails
and related equipment, but excepting model aircraft) within the jurisdiction
of this chapter shall occur only in conjunction with an approved airport
or heliport.
(1)
Regulations.
(a)
All buildings, structures, outdoor airplane or helicopter storage
areas, and any other activity areas shall be located a minimum of
100 feet from all lot lines.
(2)
Parking requirements: one space per each employee on the largest
work shift, plus one space per every five passengers, based on average
daily ridership.
C.
Freight terminal. Description: Freight terminals are defined as land
and buildings representing either end of one or more truck carrier
line(s), which may have some or all of the following facilities: yards,
docks, management offices, storage sheds, buildings and/or outdoor
storage areas, freight stations, and truck maintenance and repair
facilities, principally serving several or many businesses and always
requiring transshipment.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 250-79).
(b)
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.
(c)
In no instance shall activity areas be located within required
frontage landscaping or bufferyard areas.
(2)
Parking requirements: one space per each employee on the largest
work shift.
D.
Distribution center. Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 250-43H below.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 250-79).
(b)
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.
(c)
In no instance shall activity areas be located within required
frontage landscaping or bufferyard areas.
(2)
Parking requirements: one space per each employee on the largest
work shift.
A.
Light industrial land use. Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; 3) do not pose a significant safety hazard (such as danger of explosion); and 4) comply with all of the performance standards listed for potential nuisances in Article VIII. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of § 250-43H below are complied with.
B.
Heavy industrial land use. Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article VIII. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see § 250-79).
(b)
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property. No materials shall be stacked
or otherwise stored so as to be visible over bufferyard screening
elements.
(2)
Parking requirements: one space per each employee on the largest
work shift.
C.
Communication tower. Description: Communication towers include all
freestanding broadcasting, receiving or relay structures and similar
principal land uses, and any office, studio or other land uses directly
related to the function of the tower.
D.
Extraction use. Description: Extraction uses include land uses involving
the removal of soil, clay, sand, gravel, rock, minerals, peat or other
material in excess of that required for approved on-site development
or agricultural activities.
(1)
Regulations.
(a)
Shall receive approval from the county prior to action by the
Village of Johnson Creek and shall comply with all county, state and
federal regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 250-79).
(c)
All buildings, structures and activity areas shall be located
a minimum of 300 feet from all lot lines.
(d)
Required site plans shall include detailed site restoration
plans, which shall include, at minimum, detailed grading and revegetation
plans and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 125% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the Village), shall be filed with the
Village by the petitioner (subject to approval by the Zoning Administrator)
and shall be held by the Village for the purpose of ensuring that
the site is restored to its proposed condition. This amount shall
be recalculated and a new bond shall be required biannually. (The
requirement for said surety is waived for publicly owned waste disposal
facilities.)
(2)
Parking requirements: one space per each employee on the largest
work shift.
Accessory uses are land uses which are incidental to the principal
activity conducted on the subject property. Only those accessory uses
listed below shall be permitted within the jurisdiction of this chapter.
With the exception of a commercial apartment (see Subsection A below)
or a farm residence (see Subsection B below), in no instance shall
an accessory use, cellar, basement, tent or recreational trailer be
used as a residence. Accessory uses shall not be located between a
principal building and a street frontage on the same lot nor within
any required front yard or street side yard, except when there is
a shoreyard. In instances where there is a shoreyard, shoreyards shall
be treated as front yards and street yards as rear yards, whereby
accessory structures may be located between a principal building and
a street frontage on the same lot.
A.
Commercial apartment.
(1)
Description: Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use (as designated in § 250-39 above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.
(2)
Regulations.
(a)
The gross floor area devoted to commercial apartments shall
be counted toward the floor area of a nonresidential development.
(b)
A minimum of one off-street parking space shall be provided
for each bedroom within a commercial apartment. Parking spaces provided
by nonresidential land uses on the site may be counted for this requirement
with the approval of the Zoning Administrator.
B.
Farm residence. Description: A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 250-37 above.
C.
Detached residential garage, carport, utility shed, or play structures.
(1)
Description: A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces, all play structures, and purely decorative garden accessories, such as garden pools, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas but not closer than five feet to an abutting property line other than a street line. It may be located on the same lot as a residential unit or units or on a separate lot in conjunction with a residential land use. See § 250-62 for requirements applicable to legal nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area, or which exceed 30% coverage of the rear yard area, or which exceed the lot coverage of the principal structure, are not permitted in residential districts except as conditional uses in the RH, SR-2 and SR-3 Districts.
D.
Company cafeteria. Description: A company cafeteria is a food service
operation which provides food only to company employees and their
guests, which meets state food service requirements and is located
on the same property as a principal land use engaged in an operation
other than food service.
E.
Company-provided on-site recreation.
(1)
Description: A company-provided on-site recreational facility is
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.
(2)
Regulations.
(a)
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(b)
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(c)
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 § 250-79). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(d)
Facilities using night lighting shall require a conditional
use permit.
H.
Indoor sales incidental to storage or light industrial land use.
(1)
Description: These land uses 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.
(2)
Regulations.
(a)
Adequate parking, per the requirements of § 250-87, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
(b)
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.
(c)
Shall provide rest room facilities directly accessible from
retail sales area.
(d)
Retail sales area shall be physically separated by a wall from
other activity areas.
I.
Light industrial activities incidental to indoor sales or service
land use.
(1)
Description: These land uses include any light industrial activity
conducted exclusively indoors which is incidental to a principal land
use such as indoor sales or service on the same site.
J.
Home occupation.
(1)
Description: It is the intent of this section 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 commercial
district. Approval of an expansion of a home occupation at a future
time beyond the limitations of this section is not to be anticipated;
relocation of the business to an area that is appropriately zoned
may be necessary. Home occupations are economic activities performed
within any single-family detached residence which comply with the
following requirements. Examples include personal and professional
services and handicrafts which comply with all of the following requirements.
(2)
Regulations.
(a)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or an attached garage.
(b)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(c)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(d)
No home occupation use shall create smoke, odor, glare, noise,
dust, vibration, fire hazard, small electrical interference or any
other nuisance not normally associated with the average residential
use in the district.
(e)
Only one sign may be used to indicate the type of occupation
or business. Such sign shall not be illuminated and shall not exceed
three square feet.
(f)
The use shall not involve the use of commercial vehicles for
more than occasional delivery of materials to or from the premises.
(g)
A permitted home occupation is restricted to a service-oriented
business prohibiting the mass production of items or products or the
sale of items or products on the premises. Examples of service-oriented
businesses include, but are not limited to, computer programming,
accounting, insurance agency and computer-based consulting and clerical
services.
(h)
A permitted home occupation shall not occupy more than 30% of
the floor area of the dwelling.
(i)
Persons employed by a permitted home occupation shall be limited
to the resident family members and no more than one nonresident employee.
(j)
Under no circumstances shall a vehicle repair or bodywork business
qualify as a home occupation.
K.
Family day-care home (four to eight children). Description: Family
day-care homes are occupied residences in which a qualified person
or persons provide child care for four to eight children. The care
of less than four children is not subject to the regulations of this
chapter.
L.
Intermediate day-care home (nine to 15 children). Description: Intermediate
day-care homes are occupied residences in which a qualified person
or persons provide child care for nine to 15 children.
M.
Migrant labor camp.
(1)
Migrant labor camps include any facility subject to the regulation
of § 103.90, Wis. Stats.
(2)
Regulations.
(a)
Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see § 250-79).
(b)
Migrant labor camp shall be an accessory use to an active principal
use under the same ownership which is located within the Village.
N.
O.
Private residential recreational facility.
(1)
Description: This land use includes all active outdoor recreational
facilities located on a private residential lot which are not otherwise
listed in the Table of Land Uses in the Appendix.[1] Materials and lighting shall limit light levels at said property line to be equal to or less than 0.5 footcandle (see § 250-90). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures (see Article V). Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, and recreation-type equipment.
[1]
Editor's Note: The Table of Land Uses is included at the end of this chapter.
P.
Private residential kennel:
(1)
Description: A maximum of any combination of two dogs and/or cats
(over six months of age) are permitted by right for any one residential
unit. Any residence housing a number of dogs and/or cats exceeding
this number shall be considered a private residential kennel. Such
a kennel (dogs only) shall require licensing by the Village. In addition
to those requirements, a private residential kennel shall meet the
following requirements.
Q.
Private residential stable.
(1)
Description: A private residential stable is a structure facilitating
the keeping of horses (or similar animals) on the same site as a residential
dwelling.
(2)
Regulations.
(a)
A minimum lot area of 175,000 square feet (four acres) is required
for a private residential stable.
(b)
A maximum of one horse per five acres of fully enclosed (by
fencing and/or structures) area is permitted.
(c)
Outdoor containments for animals shall be located a minimum
of 25 feet from any residentially zoned property.
(d)
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
R.
Drainage structure.
(1)
Description: 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.
(2)
Regulations.
(a)
Shall comply with § 250-45 for the placement of drainage structures in permanently protected green space areas.
(c)
Any drainage improvement shall not increase the rate or volume
of discharge from the subject property onto any adjacent properties,
except where regional stormwater management facilities such as storm
sewers and retention or detention facilities are in place to serve
the subject property.
S.
Filling.
(1)
Description: Filling includes any activity in an area over 4,000
square feet or greater than 500 cubic yards of fill, involving the
modification of the earth's surface above that in its undisturbed
state.
T.
Lawn care. Description: Lawn care includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with the Village of Johnson Creek Code. Lawn care is not permitted in certain permanently protected green space areas, see § 250-71.
V.
Exterior communication devices (e.g., satellite dishes, ham radio
towers, TV antennas).
(1)
Description: This land use includes any antennas used for communication
reception.
(2)
Regulations.
(a)
Except for television antennas and satellite dishes 18 inches
or smaller, exterior communication devices shall not be visible from
a public street.
(b)
Devices must be sited an equal or greater number of feet from
any property lines as their maximum height and may not be located
in a required street yard.
(c)
The applicant must demonstrate that all reasonable mechanisms
have been used to mitigate safety hazards and the visual inputs of
the device.
A.
General temporary outdoor sales.
(1)
Description: Includes the display of any items outside the confines
of a building which is not otherwise permitted as a permitted or conditional
use or a special event otherwise regulated by the Village Municipal
Code. Examples of this land use include, but are not limited to, seasonal
garden shops, tent sales, bratwurst stands, auctions, estate sales,
rummage sales, farmer's markets, and garage sales; however, up to
two garage sales are exempt from the provisions of this section.
(2)
Temporary use regulations.
(a)
Display shall be limited to a maximum of 12 days in any calendar
year, unless extended with approval by the Village Board.
[Amended 6-23-2008 by Ord. No. 09-08]
(b)
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(d)
Adequate parking shall be provided.
(e)
If subject property is located adjacent to a residential area,
sales and display activities shall be limited to daylight hours.
B.
Outdoor assembly.
(1)
Description: Includes any organized outdoor assembly of more than
100 persons.
(2)
Temporary use regulations.
(a)
A street use permit is required for all activities within a
dedicated public right-of-way.
(b)
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(d)
Adequate parking, drinking water, and toilet facilities shall
be provided and shall be described in the application.
(e)
If subject property is located adjacent to a residential area,
activities shall be limited to daylight hours.
(f)
Adequate provisions for crowd control shall be made and shall
be described within the application.
C.
Contractor's project office.
(1)
Description: Includes any structure containing an on-site construction
management office for an active construction project.
D.
Contractor's on-site equipment storage facility.
(1)
Description: Includes any structure or outdoor storage area designed
for the on-site storage of construction equipment and/or materials
for an active construction project.
(2)
Temporary use regulations.
E.
F.
On-site real estate sales office.
(1)
Description: Includes any building which serves as an on-site sales
office for a development project.
(2)
Temporary use regulations.
G.
Seasonal outdoor sales of farm products.
(1)
Description: Includes any outdoor display of farm products not otherwise
regulated by the Village of Johnson Creek Code.
(2)
Temporary use regulations.
H.
Outdoor sales of motor vehicles.
[Added 6-23-2008 by Ord. No. 09-08]
(1)
Description: Includes any outdoor display of motor vehicles not otherwise permitted by § 250-44A, General temporary outdoor sales, or regulated by the Village of Johnson Creek Code.
(2)
Temporary use regulations.
(a)
Shall be permitted as a temporary conditional use.
(b)
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(d)
Adequate parking shall be provided.
(e)
If subject property is located adjacent to a residential area,
sales and display activities shall be limited to daylight hours.
In all developments, certain areas may be required to be set aside as permanently protected green space for the purpose of natural resource protection, to meet a minimum green space ratio (GSR) requirement, or to meet a minimum landscape surface ratio (LSR) requirement. Where such permanently protected green space is required and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see §§ 250-35 through 250-44, Detailed land use descriptions and regulations), the following regulations shall also be employed to establish land use regulations. All land uses listed in §§ 250-35 through 250-44 but not listed in this section are prohibited in permanently protected green spaces. For all land uses, disruption to natural resource areas shall comply with the requirements of the Subdivision Ordinance[1] pertaining to drainage, grading and erosion control. All
land uses located within permanently protected green space areas shall
comply with the following:
A.
Cultivation: permitted as a conditional use (permanently protected
green space areas outside a natural resource protection overlay zoning
district). Permitted only if designated on the submitted site plan
and/or the recorded plat or certified survey as an "area which may
be used for cultivation."
B.
Passive outdoor public recreational area: permitted by right (all
permanently protected green space areas).
(1)
Limited to a twenty-foot-wide area in permanently protected natural
resource areas. Permitted in other permanently protected green space
areas without restriction.
(2)
Nonnative vegetation shall not be permitted to spread into permanently
protected natural resource areas beyond said twenty-foot-wide area.
C.
Active outdoor public recreational area.
(1)
Permitted by right (permanently protected green space areas outside
a natural resource protection overlay zoning district). Nonnative
vegetation shall not be permitted to spread into permanently protected
natural resource areas.
(2)
Permitted as a conditional use (flood-fringe). Parking may be permitted
in areas located more than five feet from property lines.
D.
Outdoor institutional.
(1)
Permitted by right (permanently protected green space areas outside
a natural resource protection overlay zoning district). Nonnative
vegetation shall not be permitted to spread into permanently protected
natural resource areas.
E.
Lawn care.
(1)
Permitted by right (permanently protected green space areas outside
a natural resource protection overlay zoning district). Nonnative
ground cover shall not be permitted to spread into permanently protected
natural resource areas. Clearance of understory growth shall be permitted.
(2)
Permitted as a conditional use (all permanently protected natural
resource areas except wetlands).
(a)
Only disturbance associated with the care of native vegetation
is permitted, with the exception of a twenty-foot-wide access path
which may be cleared for passive recreation purposes.
(b)
Each property abutting a natural resource area shall be limited
to one such access path.
(c)
Nonnative vegetation (such as domestic lawn grasses) shall not
be introduced into natural resource areas beyond said twenty-foot-wide
access path.
F.
Golf course.
(1)
Permitted by right (permanently protected green space areas outside
a natural resource protection overlay zoning district). Nonnative
vegetation shall not be permitted to spread into permanently protected
natural resource areas.
(2)
Permitted as a conditional use (all permanently protected natural
resource areas). Only disturbance associated with the care of native
vegetation is permitted. Natural resource areas which are located
within or adjacent to golf play areas shall be incorporated into the
course design as out-of-bounds play hazards and shall be maintained
in their natural state.
G.
Any permitted temporary use: permitted by right (permanently protected green space areas outside a natural resource protection overlay zoning district). Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state or shall be considered in violation of the provisions of this chapter (§ 250-125).
I.
Filling: permitted as a conditional use (all permanently protected
green space areas).
(1)
Filling in the floodway shall be done only as required by a necessary
road, bridge, utility or other infrastructure facility which has been
deemed necessary by the Department of Public Works and in a manner
deemed least intrusive by the Village Engineer.
(2)
Natural native vegetation shall be restored in disturbed areas.
(3)
In no instance shall filling raise the base flood elevation.
J.
Individual septic disposal system: permitted as a conditional use
(permanently protected green space areas outside a natural resource
protection overlay zoning district). Shall not locate closer than
30 feet to any other permanently protected natural resource area.
K.
Road and/or bridge: permitted as a conditional use (all permanently
protected green space areas).
(1)
May locate in or across a natural resource areas only in conjunction
with a boat landing or when deemed essential by the Department of
Public Works.
(2)
May locate in other permanently protected green space areas if designed
to provide an essential service to an activity area located within
the green space area which cannot be efficiently reached from another
point.
(3)
Road networks shall be designed to circumvent permanently protected
green space areas, thereby eliminating the need for intrusions and
crossings.
L.
Utility lines and related facilities: permitted as a conditional
use (all permanently protected green space areas).
(1)
May locate in or across a natural resource areas only when deemed
essential by the Department of Public Works.
(2)
May locate in other permanently protected green space areas if designed
to provide an essential service to an activity area located within
the green space area which cannot be efficiently reached from another
point.
(3)
In general, utility lines shall be designed to circumvent permanently
protected green space areas, thereby eliminating the need for intrusions
and crossings.
M.
Piers and wharfs: permitted as a conditional use (all permanently protected green space areas). A site plan shall be required per § 250-127 for construction, erection, placement or extension of a pier or wharf, with specific information provided regarding its location in relation to the shoreline and abutting riparian property lines and regarding dimensions and building materials.
N.
Protection of existing significant trees: permitted as a conditional
use (all permanently protected green space areas).
(1)
Development activity will be limited to clear-cutting of nonsignificant
trees and undergrowth. Significant trees are crown deciduous or twenty-five-foot-tall
coniferous tress. Significant trees shall be protected and left undisturbed.
New bufferyards of five feet in excess of driplines will be provided
and fenced off prior to any development activity or other significant
disruption activity.
(2)
Trees will either be protected either as single specimen or in groves,
groups or savannas.
(3)
Letter of credit (150%) updated annually for up to seven years after
the end of construction/development activity.
A.
Definition. A nonconforming use is an active and actual use of land
or structures, or both, legally established prior to the effective
date of this chapter or subsequent applicable amendment thereto, which
has continued the same use to the present, and which would not be
permitted under the current terms of this chapter.
B.
Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this section. Any legal use under the previous zoning ordinance which is made nonconforming by this chapter may apply for a conditional use permit (per § 250-124) to be granted legal conforming status. Any legal use under the previous zoning map which is made nonconforming by a change to the Official Zoning Map may apply for a zoning map amendment (per § 250-122) to an appropriate zoning district to be granted legal conforming use status.
C.
Modification of a nonconforming use.
(1)
Except as permitted in Subsection C(2) below, a nonconforming use shall not be expanded or changed to another nonconforming use unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter (as determined by the Plan Commission). If such a modification occurs, said use shall not be modified back to the original nonconforming use or to any other nonconforming use which does not better accomplish the purpose of this chapter.
(2)
A nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if said facilities are not available within 1,000 feet of the subject property and upon the granting of a conditional use permit per the requirements of § 250-124.
D.
Discontinuance of a nonconforming use. When any nonconforming use
of any structure or land is discontinued for a period of 12 months
or is changed into a conforming use, any future use of said structure
or land shall be in complete conformity with the provisions of this
chapter.
E.
Maintenance of a nonconforming use. The normal maintenance of a structure
or land containing or related to a nonconforming use is permitted,
including necessary repairs and incidental alterations which do not
exacerbate the adverse impacts of the nonconforming use in relation
to the purpose of this chapter. In no instance shall said repairs
exceed, over the life of the structure, 50% of the present equalized
assessed value of said structure or property prior to said repairs.
F.
Reconstruction of two-family dwellings in areas formerly zoned R-2.
A legal, nonconforming two-family structure which is destroyed by
fire, tornado or other disaster may apply for consideration as a conditional
use to be reconstructed so as not to expand the floor area nor footprint
of the structure, if said structure is located in an area which was
zoned to permit two-family dwellings on the day preceding the effective
date of the ordinance.
A.
Definition.
(1)
A group development is any development containing:
(a)
Two or more structures containing principal land uses on the
same lot;
(b)
Any single structure on a single lot which contains five or
more dwelling units or two or more nonresidential uses; and/or
(c)
Any single structure devoted to institutional, office or commercial
land uses containing more than 5,000 gross square feet of floor area.
(2)
Common examples of group developments include six-unit apartment
buildings, apartment complexes, condominium complexes, strip centers,
shopping centers, and office centers. (One-tenant office or commercial
buildings containing less than 5,000 square feet of gross floor area;
four-unit apartment buildings and other land uses in which each nonresidential
building contains only one tenant, or where the lot contains only
one structure, or where each residential building contains four or
fewer dwelling units, are not group developments, even though such
developments may contain parcels under common ownership.)
B.
Permitted by right: not applicable.
C.
Conditional use regulations. Any land use that is permitted as a
permitted by right land use or as a conditional land use within the
applicable zoning district(s) is permitted to locate within a group
development. The detailed land use regulations of this subsection
that pertain to individual land uses shall also apply to individual
land uses within a group development, as will all other applicable
provisions of this chapter. Therefore, land uses permitted by right
in the zoning district shall be permitted by right within an approved
group development (unless otherwise restricted by the conditions of
approval imposed during the conditional use approval for the group
development as a whole), and land uses permitted as a conditional
use in the zoning district shall be permitted within the group development
only with conditional use approval for the specific use. In all cases,
the following conditional use conditions shall be applied to the group
development as a whole and to individual uses within the group development:
(1)
All required off-street parking spaces and access drives shall be
located entirely within the boundaries of the group development.
(2)
The development shall contain a sufficient number of waste bins to
accommodate all trash and waste generated by the land uses in a convenient
manner.
(3)
No group development shall take access to a local residential street.
(4)
All development located within a group development shall be located
so as to comply with the intent of this chapter regarding setbacks
of structures and buildings from lot lines. As such, individual principal
and accessory structures and buildings located within group developments
shall be situated within building area envelopes that serve to demonstrate
complete compliance with said intent. Said building area envelopes
shall be depicted on the site plan required for review of group developments.
The use of this approach to designing group developments will also
ensure the facilitation of subdividing group developments in the future
(if such action is so desired).
(5)
The following standards shall apply to all new institutional, commercial
and office buildings in excess of 5,000 gross square feet and to all
multibuilding group developments in which the combined total of all
structures on a site, regardless of diverse ownership, use or tenancy,
combine to exceed 5,000 square feet. These conditions shall also be
applied to the entire building and site in instances where building
additions bring the total building size to over 5,000 gross square
feet. Such conditions shall apply to both the building additions and
to older portions of the building and the site that were constructed
prior to the adoption of this section. This five-thousand-square-foot
limit shall apply to individual freestanding buildings and to group
developments in which the combined total of all structures on a site,
regardless of diverse use or tenancy, combine to more than 5,000 gross
square feet:
(a)
Building exterior materials shall be of high quality on all
sides of the structure, including glass, brick, decorative concrete
block, or stucco. Decorative architectural metal with concealed fasteners
may be approved with special permission from the Village.
(b)
Building exterior design shall be unified in design and materials
throughout the structure and shall be complementary to other structures
in the vicinity. However, the development shall employ varying building
setbacks, height, roof, treatments, door and window openings, and
other structural and decorative elements to reduce the apparent size
and scale of the structure. A minimum of 20% of the combined facades
of the structure shall employ actual facade protrusions or recesses.
A minimum of 20% of the combined linear roof eave or parapet lines
of the structure shall employ differences in height of eight feet
or more. Roofs with particular slopes may be required by the Village
to complement existing buildings or otherwise establish a particular
aesthetic objective.
(c)
Mechanical equipment, refuse containers and any permitted outdoor
storage shall be fully concealed from on-site and off-site ground-level
views, with materials identical to those used on the building exterior.
(d)
Standard corporate trademark building designs, materials, architectural
elements, and colors all shall be acceptable, as determined by the
Village, only as subtly integrated into the more generic design of
the building as a whole. Color schemes of all architectural elements
shall be muted, neutral, nonreflective and nonuse or nontenant specific.
(e)
Public entryways shall be prominently indicated from the building's
exterior design and shall be emphasized by on-site traffic flow patterns.
All sides of the building that directly face or abut a public street
shall have public entrances.
(f)
Loading areas shall be completely screened from surrounding
roads, residential, office and commercial properties. Said screening
may be through internal loading areas, screening wall which will match
the building exterior in materials and design, fully opaque landscaping
at time of planting, or combinations of the above. Gates and fencing
may be used for security purposes but not for screening and shall
be of high aesthetic quality.
(g)
Vehicle access from public streets shall be designed to accommodate
peak traffic volumes without disrupting traffic on public streets
from inadequate throat length access drive width or design or inadequate
driveway location. The impact of traffic generated by the proposed
development shall be demonstrated by a traffic impact analysis performed
by the applicant's traffic engineer to not adversely impact off-site
public roads, intersections, and interchanges during the traffic peak
associated with a full parking lot. Where the project shall adversely
impact off-site traffic, the Village may deny the application, may
require a size reduction in the proposed development, or may require
off-site improvements.
(h)
Parking lot design shall employ interior landscaped islands
with a minimum of 400 square feet at all parking aisle ends, and in
addition shall provide a minimum of one landscaped island of a minimum
of 400 square feet in each parking aisle for every 20 cars in that
aisle. Aisle-end islands shall count toward meeting this requirement.
Landscaped medians shall be used to break large parking areas into
distinct pods, with a maximum of 100 spaces in any one pod.
(i)
A minimum of one two-hundred-square-foot cart return area shall
be provided for every parking area pod. There shall be no exterior
cart return nor cart storage areas located within 25 feet of the building
in areas located between the building and a public street.
(j)
The applicant shall demonstrate full compliance with Village
standards for stormwater control, utilities, erosion control and public
safety.
(k)
On-site landscaping shall be provided per the landscaping requirements
of the Village Zoning Ordinance, except that building foundation landscaping
and paved area landscaping shall be provided at 1.5 times the required
landscape points for development in the zoning district.
(l)
A conceptual plan for exterior signage shall be provided at
time of detailed site plan or GDP that provides for coordinated and
complementary exterior sign location, configurations and colors throughout
the planned development. All freestanding signage within the development
shall complement the on-building signage. Freestanding sign materials
and design shall complement building exterior and may not exceed the
maximum height requirements of the chapter.
(m)
The entire development shall provide for full and safe pedestrian
and bicycle access within the development and shall provide appropriate
connections to the existing and planned pedestrian and bicycle facilities
in the community and in surrounding neighborhoods, including sidewalk
connections to all building entrances from all public streets. The
development shall provide secure bicycle parking and pedestrian furniture
in appropriate quantities and location. A central pedestrian gathering
area shall be provided.
(n)
Where such developments are proposed to provide a new location
for a business already located within the community, a required condition
of approval for the new development shall be a prohibition on conditions
of sale, lease or use of the previously occupied building or site
which provide limits beyond the range of applicable local, state or
federal regulations. If such limits are required, the applicant may
seek Village approval to demolish the previously occupied structure
and prepare the site for some future development.
(o)
The applicant shall provide adequate evidence that the proposed
development and uses cannot be adequately sited within or on existing
developed properties or buildings within the community.
(p)
The Plan Commission may waive any of the above standards by
a 3/4 vote of members in attendance, but only if supplemental design
elements or improvements are incorporated into the project that compensate
for the waiver of the particular standard.
D.
Discrimination against condominium forms of ownership. It is not
the intent of this section nor any other provision of this chapter
to discriminate against condominium forms of ownership in any manner
which conflicts with § 703.27, Wis. Stats. As such, the
provisions of this section are designed to ensure that condominium
forms of ownership are subject to the same standards and procedures
of review and development as other physically identical forms of development.
