Article II Zoning Districts

[Amended 1-13-2025; 4-14-2025; 7-28-2025]

For the purpose of this chapter, the Village of Rothschild is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land use within each district. (See Appendix A for a Zoning District Summary Chart.[1])

R-1	Single-Family Residential District
R-2	Single-Family Residential District
R-3	Single-Family Residential District
R-4	Single-Family Residential District
R-5	Two-Family Residential District
R-6	Multi-Residential District
R-R	Rural Residential District
C-1	Neighborhood Commercial District
C-1U	Urban Neighborhood Mixed Use Commercial District
C-2	Commercial District
C-2U	Urban Commercial District
C-3	Business and Office District
I-1	Light Industrial District
I-2	Heavy Industrial District
G/I	Government/Institutional District
P-1	Parkland and Conservancy District
PUD	Planned Unit Development Overlay District
FF	Floodplain Overlay District
NM	Nonmetallic Mine Reclamation Overlay District
WH	Wellhead Protection Overlay District

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

§ 590-13 District boundaries; mobile homes prohibited; waterfront setback.

Boundaries of these districts are hereby established as shown on the map titled "Zoning Map, Village of Rothschild, Marathon County, Wisconsin," which accompanies this chapter and is herein made a part of this chapter, hereafter referred to as the "Zoning Map." Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, rivers or waterways, alleys, easements, and railroad rights-of-way or such lines extended; and boundaries otherwise noted on the Zoning Map.

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

Mobile homes and mobile home parks: No mobile home may be placed on any lot in the Village of Rothschild.

Waterfront setback. There shall be a minimum seventy-five-foot setback from the ordinary high-water mark to all buildings or accessory structures, such as sheds, parking structures, and fences. (See § 590-79A.)

§ 590-13.1 Primary dwellings.

[Added 5-13-2024]

A parcel is permitted to have only one dwelling used for human habitation per parcel unless otherwise specifically permitted within a zoning district. Newly developed single-family residential dwellings must contain a minimum of 1,000 square feet of living space and be affixed to a permanent foundation, unless other more restrictive requirements are listed in the individual zoning district.

§ 590-14 Zoning Map.

A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Village President and Village Clerk and shall be available to the public in the office of the Village Clerk. Amendments to the Zoning Map shall take effect upon adoption by the Village Board and the filing of proof of posting or publication thereof in the office of the Village Clerk. It shall be the duty of the Village Clerk to enter all Zoning Map amendments upon the certified copy of the Zoning Map and certify the same.

§ 590-15 Interpretation of district boundaries.

The following rules shall be used to determine the precise location of any zoning district boundary shown on the Zoning Map of the Village of Rothschild:

Zoning district boundaries shown as following or approximately following the limits of any village, city, town or county boundary shall be construed as following such limits.

Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the center line of such streets or railroad lines.

Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Village of Rothschild or County of Marathon tax maps shall be construed as following such lines.

Zoning district boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center lines of such watercourses, and in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel center line.

Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

Zoning district boundaries shown as separated from any of the features listed in Subsections A through E above shall be construed to be at such distances therefrom as are shown on the Zoning Map.

Where any uncertainty exists as to the exact location of a Zoning District boundary line as shown on the Zoning Map, the location of the line shall be determined by the Building Inspector/Zoning Administrator or designated person.

§ 590-16 R-1 Single-Family Residential District.

[Amended 9-8-2003; 11-2-2006; 9-22-2014; 5-26-2015; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-1 Single-Family Residential District is intended to provide for single-family homes.

R-1 permitted uses.

(1)

Single-family dwellings.

(2)

Accessory uses and buildings incidental to and on the same lot as a principal use, including a private garage/carport and paved parking areas customarily incident to the above uses but not involving the conduct of a business.

(3)

Home occupations (in accordance with definition criteria).[1]

[1]

Editor's Note: See the definition of "home occupation" in § 590-180.

(4)

Publicly owned or operated park, playground or community building.

R-1 conditional uses.

(1)

Educational institutions.

(2)

Two-family dwellings.

(3)

Religious institutions.

(4)

Day-care facilities for nine or more children.

(5)

Elderly housing as defined by federal guidelines.

(6)

Residential planned unit developments.

(7)

Public utility and service uses.

R-1 lot size requirements.

Table 2A: R-1 Lot Size Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings and home occupations	7,200	60
All other permitted uses	10,000	100
Conditional Uses
Two-family dwellings, churches and other religious institutions, educational institutions, elderly housing and day-care facilities	15,000	100

R-1 yard requirements.

Table 2B: R-1 Yard Requirements
	Interior Side		Corner Side
	Front Yard (feet)	Yard (feet)	Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings on conforming lots	25	8	25	25
Single-family detached dwellings on legal nonconforming lots between 50 and 60 feet wide	25	5 with an aggregate of 15	10	25
Single-family detached dwellings on legal nonconforming lots less than 50 feet wide	25	5		25
All other permitted uses	30	15	30	40
Conditional Uses
Two-family dwellings, churches and other religious institutions, educational institutions, elderly housing, and day-care facilities	30	15	30	40
Accessory Buildings
Single-family residence garages	25	8	25	10
Single-family residence garage on legal nonconforming lots between 50 and 60 feet or less wide		4		4
Single-family residence garage on legal nonconforming less than 50 feet wide		2.5		2.5
All other buildings accessory to single-family dwelling	25	5	25	5
Replacement nonconforming garage	See § 590-16H

R-1 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height.[2]

[2]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-1 District, including the principal building, accessory uses, and off-street parking area, shall cover more than 50% of the lot area.[3]

[3]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Principal buildings: front yard exceptions.

(1)

For purposes of entry to buildings, steps, stoops, decks or ramps may be constructed in such a manner that they intrude into the required front yard setback area provided that all of the following limitations and conditions are satisfied:

(a)

The height of such structure shall not exceed five feet above ground level, not including railings;

(b)

The width of such structure shall not exceed 12 feet side to side;

(c)

The structure shall extend no farther than 10 feet from the front of the building to which it is attached or up to the front property line, whichever is less;

(d)

The structure shall not be enclosed. Railings that do not exceed 3.5 feet in height and which are of open architecture and not solid in appearance are permitted;

(e)

The structure shall not interfere with existing or planned roads, sidewalks, gas and electrical lines, sewers, drainage ways, and other utilities or public improvements. The Zoning Administrator may require written verification from appropriate agencies before issuing a zoning permit;

(f)

No part of the structure shall extend into any required vision clearance triangle.

(2)

Single-story bay windows may be permitted in such a manner that they project three feet or less into the front yard provided that such windows do not occupy, in the aggregate, more than 1/3 of the front wall of the building.

Principal buildings: rear yard exceptions.

(1)

Permitted obstructions in a required rear yard setback:

(a)

Steps or stoops to provide access to a building, provided that such steps or stoops are not more than three feet above ground level and do not extend more than four feet into a required rear yard;

(b)

One-story bay windows projecting three feet or less into the yard provided that such windows do not occupy, in the aggregate, more than 1/3 of the rear wall of the building;

(c)

Uncovered decks and porches that are supported by piers or posts, provided such structure does not extend into the rear yard by more than 12 feet.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming or 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-17 R-2 Single-Family Residential District.

[9-8-2003; 11-2-2006; 5-26-2015; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-2 Single-Family Residential District is intended to provide for single-family development of a suburban community character at densities not to exceed five dwellings per net acre.

R-2 permitted uses.

(1)

Single-family dwellings.

(2)

Religious institutions (without school or day-care facilities).

(3)

(4)

Home occupations (in accordance with definition criteria).[1]

[1]

Editor's Note: See the definition of "home occupation" in § 590-180.

(5)

Publicly owned or operated park, playground or community building.

R-2 conditional uses.

(1)

Educational institutions.

(2)

Day-care facilities for nine or more children.

(3)

Elderly housing as defined by federal guidelines.

(4)

Residential planned unit developments.

(5)

Public utility and service uses.

R-2 lot size requirements.

Table 2C: R-2 Lot Size Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings and home occupations	9,000	100
All other permitted uses	12,000	125
Conditional Uses
Educational institutions, elderly housing and day-care facilities	20,000	125

R-2 yard requirements.

Table 2D: R-2 Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings	25	10	25	25
All other permitted uses	30	15	40	40
Conditional Uses
Educational institutions, elderly housing and day-care facilities	40	15	40	40
Accessory Buildings
Single-family residence garages	25	10	25	10
All other buildings accessory to single-family dwelling	25	10	25	10

R-2 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height.[2]

[2]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-2 District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[3]

[3]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Principal buildings: front yard exceptions.

(1)

For purposes of entry to buildings, steps, stoops, decks or ramps may be constructed in such a manner that they intrude into the required front yard setback:

(a)

The height of such structure shall not exceed five feet above ground level, not including railings;

(b)

The width of such structure shall not exceed 12 feet side to side;

(c)

The structure shall extend no farther than 10 feet from the front of the building to which it is attached or up to the front property line, whichever is less;

(d)

The structure shall not be enclosed. Railings that do not exceed 3.5 feet in height and which are of open architecture and not solid in appearance are permitted;

(e)

(f)

No part of the structure shall extend into any required vision clearance triangle.

(2)

Principal buildings: rear yard exceptions.

(1)

Permitted obstructions in a required rear yard setback:

(a)

Steps or stoops to provide access to a building, provided that such steps or stoops are not more than three feet above ground level and do not extend more than four feet into a required rear yard;

(b)

One-story bay windows projecting three feet or less into the yard provided that such windows do not occupy, in the aggregate, more than 1/3 of the rear wall of the building;

(c)

Uncovered decks and porches that are supported by piers or posts, provided such structure does not extend into the rear yard by more than 12 feet.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming or 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-18 R-3 Single-Family Residential District.

[Amended 9-8-2003; 11-2-2006; 5-26-2015; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-3 Single-Family Residential District is intended to provide for single-family development of a suburban community character at densities not to exceed four dwellings per net acre.

R-3 permitted uses.

(1)

Single-family dwellings.

(2)

Religious institutions (without school or day-care facilities).

(3)

(4)

Home occupations (in accordance with definition criteria).[1]

[1]

Editor's Note: See the definition of "home occupation" in § 590-180.

(5)

Publicly owned or operated park, playground or community building.

R-3 conditional uses.

(1)

Educational institutions.

(2)

Day-care facilities for nine or more children.

(3)

Elderly housing as defined by federal guidelines.

(4)

Residential planned unit developments.

(5)

Public utility and service uses.

R-3 lot size requirements.

Table 2E: R-3 Lot Size Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings and home occupations	12,000	100
All other permitted uses	15,000	125
Conditional Uses
Educational institutions, day-care facilities and elderly housing	20,000	125

R-3 yard requirements.

Table 2F: R-3 Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings and home occupations	25	10	25	25
All other permitted uses	40	15	40	40
Conditional Uses
Educational institutions, elderly housing and day-care facilities	40	15	40	40
Accessory Buildings
Single-family residence garages	25	10	25	10
All other buildings accessory to single-family dwelling	25	10	25	10

R-3 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height. [2]

[2]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-3 District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[3]

[3]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Principal buildings: front yard exceptions.

(1)

(a)

The height of such structure shall not exceed five feet above ground level, not including railings;

(b)

The width of such structure shall not exceed 12 feet side to side;

(c)

The structure shall extend no farther than 10 feet from the front of the building to which it is attached or up to the front property line, whichever is less;

(d)

The structure shall not be enclosed. Railings that do not exceed 3.5 feet in height and which are of open architecture and not solid in appearance are permitted;

(e)

(f)

No part of the structure shall extend into any required vision clearance triangle.

(2)

Principal buildings: rear yard exceptions.

(1)

Permitted obstructions in a required rear yard setback:

(a)

Steps or stoops to provide access to a building, provided that such steps or stoops are not more than three feet above ground level and do not extend more than four feet into a required rear yard;

(b)

One-story bay windows projecting three feet or less into the yard provided that such windows do not occupy, in the aggregate, more than 1/3 of the rear wall of the building;

(c)

Uncovered decks and porches that are supported by piers or posts, provided such structure does not extend into the rear yard by more than 12 feet.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming and 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-19 R-4 Single-Family Residential District.

[Amended 9-8-2003; 11-2-2006; 5-26-2015; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-4 Single-Family Residential District is intended to provide for single-family development of a suburban community character at densities not to exceed three dwellings per net acre.

R-4 permitted uses.

(1)

Single-family dwellings.

(2)

Religious institutions (without school or day-care facilities).

(3)

(4)

Home occupations (in accordance with definition criteria).[1]

[1]

Editor's Note: See the definition of "home occupation" in § 590-180.

(5)

Publicly owned or operated park, playground or community building.

R-4 conditional uses.

(1)

Educational institutions.

(2)

Day-care facilities for nine or more children.

(3)

Elderly housing as defined by federal guidelines.

(4)

Residential planned unit developments.

(5)

Public utility and service uses.

R-4 lot size requirements.

Table 2G: R-4 Lot Size Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings	15,000	100
All other permitted uses	18,000	125
Conditional Uses
Educational institutions, day-care facilities and elderly housing	20,000	125

R-4 yard requirements.

Table 2H: R-4 Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings	25	10	25	25
All other permitted uses	40	15	40	40
Conditional Uses
Educational and health institutions and day-care facilities	40	15	40	40
Accessory Buildings
Single-family residence garages	25	10	25	10
All other buildings accessory to single-family dwelling	25	10	25	10

R-4 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height. [2]

[2]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-4 District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[3]

[3]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Principal buildings: front yard exceptions.

(1)

(a)

The height of such structure shall not exceed five feet above ground level, not including railings;

(b)

The width of such structure shall not exceed 12 feet side to side;

(c)

The structure shall extend no farther than 10 feet from the front of the building to which it is attached or up to the front property line, whichever is less;

(d)

The structure shall not be enclosed. Railings that do not exceed 3.5 feet in height and which are of open architecture and not solid in appearance are permitted;

(e)

(f)

No part of the structure shall extend into any required vision clearance triangle.

(2)

Principal buildings: rear yard exceptions.

(1)

Permitted obstructions in a required rear yard setback:

(a)

Steps or stoops to provide access to a building, provided that such steps or stoops are not more than three feet above ground level and do not extend more than four feet into a required rear yard;

(b)

One-story bay windows projecting three feet or less into the yard provided that such windows do not occupy, in the aggregate, more than 1/3 of the rear wall of the building;

(c)

Uncovered decks and porches that are supported by piers or posts, provided such structure does not extend into the rear yard by more than 12 feet.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming or 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-20 R-5 Two-Family Residential District.

[Amended 9-8-2003; 11-2-2006; 5-26-2015; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-5 Two-Family Residential District is intended to provide for two-family dwellings such as townhouse condominiums, flats or apartment conversions in large older single-family dwellings.

R-5 permitted uses.

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

(4)

Home occupations.

(5)

Publicly owned or operated park, playground or community building.

R-5 conditional uses.

(1)

Educational institutions.

(2)

Day-care facilities for nine of more children.

(3)

Religious institutions.

(4)

Elderly housing as defined by federal guidelines.

(5)

Residential planned unit developments.

(6)

Public utility and service uses.

R-5 lot size requirements.

Table 2I: R-5 Lot Size Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings, two-family detached dwellings and home occupations	9,000	75
Conditional Uses
Educational institutions, churches and other religious institutions, day-care facilities and elderly housing	10,000	75

R-5 yard requirements.

Table 2J: R-5 Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings and two-family dwellings	25	10	25	25
Conditional Uses
Educational institutions, churches and other religious institutions, day-care facilities and elderly housing	40	30	40	40
Accessory Buildings
Residence garages	25	10	25	10
All other buildings accessory to dwellings	25	10	25	10

R-5 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height.[1]

[1]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-5 District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[2]

[2]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming and 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-21 R-6 Multi-Residential District.

[Amended 11-2-2006; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-6 Multi-Residential District is intended to provide multifamily attached dwellings of an urban community character at densities not to exceed eight units per acre and apartment conversions in existing large single-family dwellings.

R-6 permitted uses.

(1)

Single-family dwellings.

(2)

Multiple-family dwellings.

(3)

Accessory uses and buildings incidental to and on the same lot as a principal use, including a private garage, carport and paved parking areas customarily incident to the above uses but not involving the conduct of a business.

(4)

Home occupations.

(5)

Publicly owned or operated park, playground or community building.

R-6 conditional uses.

(1)

Educational institutions.

(2)

Day-care facilities for nine or more children.

(3)

Religious institutions.

(4)

Boardinghouses and rooming houses.

(5)

Residential planned developments.

(6)

Elderly housing as defined by federal guidelines.

(7)

Public utility and service uses.

R-6 lot size requirements.

Table 2K: R-6 Lot Requirements
	Minimum Lot Area (square feet)	Minimum Lot Width (feet)
Permitted Uses
Single-family detached dwellings, multiple-family dwellings and home occupations	12,000	125
Conditional Uses
Educational institutions, day-care facilities, churches or other religious institutions, boardinghouses and rooming houses, planned developments and elderly housing	15,000	125

R-6 yard requirements.

Table 2L: R-6 Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwellings and multiple-family dwellings	25	10	25	25
All other permitted uses	40	15	40	40
Conditional Uses
Educational institutions, churches and other religious institutions, day-care facilities, boardinghouses and rooming houses, planned developments and elderly housing	40	15	40	40
Accessory Buildings
Residence garages	25	10	25	10
All other buildings accessory to dwellings	25	10	25	10

R-6 bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height. [1]

[1]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-6 District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[2]

[2]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming or 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-22 R-R Rural Residential District.

[Amended 11-2-2006; 5-22-2017; 8-28-2017; 7-26-2021; 6-24-2024; 9-8-2025]

The R-R Rural Residential District is intended to provide for single-family development of a rural community character at densities not to exceed one dwelling unit per net acre.

R-R permitted uses.

(1)

Single-family dwellings.

(2)

Recreational and parks.

(3)

Religious institutions (without school or day-care facilities).

(4)

Accessory uses and buildings incidental to and on the same lot as a principal use.

(5)

Home occupations (in accordance with definition criteria).[1]

[1]

Editor's Note: See the definition of "home occupation" in § 590-180.

(6)

Publicly owned or operated park, playground or community building.

R-R conditional uses.

(1)

Residential planned developments.

(2)

Elderly housing as defined by federal guidelines.

(3)

Day-care facilities for nine or more children.

(4)

Educational institutions.

(5)

Public utility and service uses.

R-R lot size requirements.

Table 2M: R-R Lot Requirements
	Minimum Lot Area	Minimum Lot Width (feet)
Permitted Uses
Planned development, single-family detached dwellings and home occupations	1 acre (43,560 square feet)	125
All other permitted uses	60,000 square feet	125
Conditional Uses
Elderly housing, day-care facilities and educational institutions	60,000 square feet	125
Planned development	See § 590-29B

R-R yard requirements.

Table 2N: R-R Yard Requirements
	Front Yard (feet)	Interior Side Yard (feet)	Corner Side Yard (feet)	Rear Yard (feet)
Permitted Uses
Single-family detached dwelling, parsonages and parish houses	25	10	25	25
All other permitted uses	40	15	40	40
Conditional Uses
Educational institutions, day-care facilities and elderly housing	40	15	40	40
Planned development	See § 590-29B
Accessory Buildings
Single-family residence garages	25	10	25	10
All other buildings accessory to single-family dwelling	25	10	25	10

R-R bulk limitations.

(1)

Height. Primary buildings hereafter erected or structurally altered shall not exceed an above-grade height of 35 feet in height.[2]

[2]

Editor's Note: See § 590-96.1 for accessory building height limitations.

(2)

Area limitations. No use or combination of uses in the R-R District, including the principal building, accessory uses, and/or structures, temporary structures, and off-street parking area, shall cover more than 50% of the lot area.[3]

[3]

Editor's Note: See § 590-96.1 for accessory building area limitations.

Replacement garage.

(1)

Side and rear yard single-family residence garage replacement. A detached garage located in a required side or rear yard may be replaced within its existing setbacks provided that:

(a)

The garage is replaced within one year of demolition;

(b)

The current location, size and height of the existing or demolished garage is verified by the Zoning Administrator;

(c)

The replacement garage does not exceed 24 feet in length or width or 576 square feet in area;

(d)

The enlarged structure is not located closer to any lot line with which there is a nonconforming setback;

(e)

The lot is nonconforming and 80 feet or less in width.

Accessory buildings.

(1)

Detached garages shall not be located further toward the front lot line than the principal building.

(2)

Storage sheds shall not project beyond the rear building line of the principal structure and shall be prohibited within any street side yard of a corner lot.

§ 590-23 C-1 Neighborhood Commercial District.

The C-1 Neighborhood Commercial District is intended to provide for the orderly and attractive grouping at appropriate locations of retail commercial activities and office facilities.

C-1 permitted uses.

(1)

Retail stores and shops.

(2)

Community customer service establishments, such as, but not limited to, the following:

(a)

Business, professional, public service, and banking.

(b)

Private clubs and lodges.

(3)

All business establishments shall be retail or service establishments dealing directly with consumers.

(4)

All business, servicing, storage, or processing shall be conducted completely within enclosed buildings, except for off-street parking or loading areas.

(5)

Rental apartments providing a minimum residential floor area of 400 square feet may have a secondary use on a non-ground-floor level.

(6)

Accessory building or uses, including a private garage, carport and paved parking area customarily incident to the above uses but not involving the conduct of a business.

C-1 conditional uses. All business retail or service establishments such as:

(1)

Appliance and small machinery repair establishments.

(2)

Restaurants, taverns, theaters, bowling alleys and other indoor and commercial entertainment facilities.

(3)

Laundromats, coin-operated dry-cleaning establishments and laundry or dry cleaning pickup stations.

(4)

Other uses similar to or customarily incident to any of the above uses.

(5)

Residential or commercial planned unit developments.

[Added 9-8-2003]

(6)

Public utility and service uses.

[Added 11-2-2006]

C-1 lot requirement: 5,000 square feet minimum.

C-1 yard requirements.

(1)

Front yard. There shall be a front yard having a minimum of a twenty-five-foot setback to buildings and a fifteen-foot setback to parking lots. A fifteen-foot setback adjacent to the right-of-way shall be landscaped, except for the ingress/egress areas.

(2)

Side yard. An interior side yard of 15 feet shall be required. When such a lot abuts a residential district, a twenty-five-foot-wide side yard and eight-foot-high solid fence are required with a fifteen-foot landscaped buffer toward the adjoining property. Accessory uses must be located no closer than 15 feet to the lot line.

(3)

Rear yard. There shall be a rear yard having a minimum of 25 feet. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

C-1 bulk limitation.

(1)

Height. Buildings hereafter erected or structurally altered shall not exceed 35 feet in height.

(2)

Landscape area. Ten percent minimum of the site shall be landscaped.

(3)

Site coverage limitation. Structures and paving shall not cover more than 90% of the lot area.

§ 590-23.1 C-1U Urban Neighborhood Mixed Use Commercial District.

[Added 2-10-2025;8-11-2025]

The C-1U Urban Neighborhood Mixed Use Commercial District is intended to provide for the orderly and attractive grouping at appropriate locations of mixed use residential, retail commercial activities and office facilities.

C-1U permitted uses.

(1)

Retail stores and shops.

(2)

Community customer service establishments, such as, but not limited to, the following:

(a)

Business, professional, public service, and banking.

(b)

Private clubs and lodges.

(3)

Restaurants, taverns, and indoor commercial entertainment facilities.

(4)

All business establishments shall be retail or service establishments dealing directly with consumers.

(5)

All business, servicing, storage, or processing shall be conducted completely within enclosed buildings, except for off-street parking, loading areas, or outdoor dining and patios.

(6)

Rental apartments providing a minimum residential floor area of 800 square feet in combination with Subsection A(1) to (5) above not to exceed a 2:1 ratio of residential to commercial.

(7)

Accessory building or uses, including a private garage, carport and paved parking area customarily incident to the above uses but not involving the conduct of a business.

C-1U conditional uses. All business, retail/residential or service establishments such as:

(1)

Appliance and small machinery repair establishments.

(2)

Drive-through, drive-in, and in-vehicle sales or service.

(3)

Outdoor commercial entertainment facilities.

(4)

Approved residential or commercial planned unit developments.

(5)

Other uses similar to or customarily incident to any of the above uses.

(6)

Public utility and service uses.

(7)

Building heights in excess of 75 feet.

(8)

Zero lot line plats or subdivisions with approved deed and/or covenant restrictions through the Village of Rothschild Planning and Zoning Commission and Village Board.

C-1U lot requirement:

(1)

Frontage: a minimum of 50 feet on a public street right-of-way.

(2)

Lot area: 5,000 square feet minimum.

C-1U yard requirements.

(1)

Front yard. There shall be a front yard having a minimum of a five-foot setback to buildings and a 10-foot setback to parking lots. Areas adjacent to the right-of-way shall be landscaped, except for the ingress/egress areas.

(2)

Side yard. An interior side yard of five feet shall be required. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

(3)

Rear yard. There shall be a rear yard having a minimum of two feet. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

C-1U bulk limitation.

(1)

Height. Buildings hereafter erected or structurally altered shall not exceed 75 feet in height.

(2)

Landscape area. 15% minimum of the site shall be landscaped.

(3)

Site coverage limitation. Structures and paving shall not cover more than 85% of the lot area.

§ 590-24 C-2 Commercial District.

The C-2 Commercial District is intended to permit both large- and small-scale commercial developments at intensities which provide significant incentives for infill development and the continued economic viability of existing development. To accomplish this, maximum permitted floor area ratios (FARs) are high, minimum required green spaces are low, and buffers are confined to street frontages and side yards adjacent to noncompatible uses. The commercial development shall be designed and sized in a manner which is architecturally, aesthetically and operationally harmonious with surrounding development. Building height is limited to 35 feet. A wide range of retail and service businesses and lodging land uses dealing directly with consumers are permitted within this district. Access for any use in this district should be by service road or directly onto a local arterial or collector street.

C-2 permitted uses.

(1)

Indoor sales and service.

(2)

Indoor theaters.

(3)

Retail stores and shops.

(4)

Laundromats, coin-operated dry cleaning and laundry or dry cleaning pickup stations.

(5)

Restaurants and taverns.

(6)

Motels and hotels.

(7)

Community customer service establishments, such as, but not limited to, the following:

(a)

Business, professional, public service and banking.

(b)

Private clubs and lodges.

(8)

Convention halls.

(9)

Medical and dental laboratories.

(10)

Transportation depots.

(11)

Music, dance, business, commercial or trade schools.

(12)

Floral shops and greenhouses.

(13)

Office.

(14)

Accessory buildings or uses, including a private garage, carport and paved parking areas customarily incident to the above uses but not including the conduct of a business.

(15)

All business establishments shall be retail or service establishments dealing directly with consumers.

(16)

All business, servicing, storage, or processing shall be conducted completely within enclosed buildings, except for off-street parking or loading areas, and servicing of food and beverages to patrons of restaurants or bars with permitted patios or drive-throughs.

[Amended 2-26-2024]

C-2 conditional uses. All retail business or service establishments dealing directly with consumers that require outdoor display or storage, such as:

(1)

Motor vehicle sales.

(2)

Drive-in establishments.

[Amended 2-26-2024]

(3)

Automobile service and repair.

(4)

Consumer product distribution facilities, but not general warehousing.

(5)

Mortuaries.

(6)

Other uses similar to or customarily incident to any of the above uses.

(7)

Residential or commercial planned unit developments.

[Added 9-8-2003]

(8)

Public utility and service uses.

[Added 11-2-2006]

(9)

Manufacture, fabrication, packing, packaging, assembly, and/or storage of products in connection with any of the permitted or conditional uses within the C-2 Commercial District, when clearly incidental to the conduct of the particular retail business on the same premises.

[Added 5-14-2018]

C-2 lot requirements.

(1)

Frontage: a minimum of 100 feet on a public street right-of-way.

(2)

Lot area: 7,800 square feet minimum.

C-2 yard requirements.

(1)

(2)

(3)

Rear yard. There shall be a rear yard having a minimum of 25 feet. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

C-2 bulk limitation.

(1)

Height. Buildings hereafter erected or structurally altered shall not exceed 35 feet in height.

(2)

Landscape area. Ten percent minimum of the site shall be landscaped.

(3)

Site coverage limitation. Structures and paving shall not cover more than 90% of the lot area.

§ 590-24.1 C-2U Urban Commercial District.

[Added 5-13-2019]

The C-2U Commercial District is intended to facilitate the development of undeveloped or underdeveloped parcels within the Village that have been restricted by previous zoning requirements. To accomplish this, setbacks and landscaping requirements are relaxed.

C-2U permitted uses.

(1)

Indoor sales and service.

(2)

Retail stores and shops.

(3)

Laundromats, coin-operated dry-cleaning and laundry or dry-cleaning pickup stations.

(4)

Restaurants and taverns.

(5)

Community customer service establishments, such as, but not limited to, the following:

(a)

Business, professional, public service, and banking.

(b)

Private clubs and lodges.

(6)

Medical and dental laboratories.

(7)

Music, dance, business, commercial, or trade schools.

(8)

Floral shops and greenhouses.

(9)

Offices.

(10)

Accessory buildings or uses, including a private garage, carport and paved parking areas customarily incident to the above uses but not including the conduct of a business.

(11)

All business establishments shall be retail or service establishments dealing directly with consumers.

(12)

[Amended 2-26-2024]

C-2U conditional uses. All retail business or service establishments dealing directly with consumers that require outdoor display or storage, such as:

[Amended 11-15-2021; 3-14-2022; 4-11-2022]

(1)

Motor vehicle sales.

(2)

Drive-in establishments.

[Amended 2-26-2024]

(3)

Automobile service and repair.

(4)

Consumer product distribution facilities, but not general warehousing.

(5)

Mortuaries.

(6)

Residential or commercial planned unit developments.

(7)

Public utility and service uses.

(8)

Fuel sales.

(9)

Manufacture, fabrication, packing, packaging, assembly, and/or storage of products in connection with any of the permitted or conditional uses within the C-2U Commercial District, when clearly incidental to the conduct of the particular retail business on the same premises.

(10)

Other uses similar to or customarily incident to any of the above uses.

C-2U lot requirements.

(1)

Frontage: a minimum of 50 feet on a public street right-of-way.

(2)

Lot area: 6,500 square feet minimum.

C-2U yard requirements.

(1)

Front yard. There shall be a front yard having a minimum of a five-foot setback to buildings and a ten-foot setback to parking lots. Areas adjacent to the right-of-way shall be landscaped, except for the ingress/egress areas.

(2)

Side yard. An interior side yard of five feet shall be required. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

(3)

Rear yard. There shall be a rear yard having a minimum of two feet. When such a lot abuts a residential district, an eight-foot-high solid fence is required.

C-2U bulk limitation.

(1)

Height. Buildings hereafter erected or structurally altered shall not exceed 45 feet in height.

(2)

Landscape area. 10% minimum of the site shall be landscaped.

(3)

Site coverage limitation. Structures and paving shall not cover more than 90% of the lot area.

C-2U parking requirement exceptions. Subject to other setback and yard requirements of the district, parking stalls or driveways may be closer than 20 feet to a residential district lot line or a street right-of-way opposite a residential district.

C-2U parking lot landscaping exceptions.

(1)

Off-street parking lots with more than 10 stalls shall provide for the specifications in Village Code § 590-92 to the maximum extent practicable, except for parking lot islands shall not be required.

(a)

A written statement explaining the departures from Village Code § 590-92, if any, shall be submitted with the site plan under Village Code § 590-119.

C-2U other requirements.

(1)

The provisions of Village Code § 590-112 shall apply.

(2)

The provisions of Village Code § 590-179 shall apply.

§ 590-25 C-3 Business and Office District.

[Amended 9-8-2003; 11-2-2006; 4-8-2019; 10-11-2021; 7-28-2025]

The C-3 Business and Office District is intended to permit moderate-scaled commercial development of offices and low-traffic-volume services in a suburban landscaped setting. To accomplish this, maximum permitted first floor area ratios (FARs) are low and maximum required green spaces are high. Building heights will be allowed to 70 feet. Landscaped buffers are required on street frontages and side yards. Parking is to be mostly in the side yard and backyard.

C-3 permitted uses.

(1)

Business and professional offices.

(2)

Banking.

C-3 conditional uses.

(1)

Commercial lodging.

(2)

Educational institutions.

Public service.

Group day care.

Health clubs.

Residential or commercial planned unit developments.

(7)

Public utility and service uses.

(8)

A dispensary, processing location, product store, and/or paraphernalia store featuring or containing the Cannabis sativa plant, including marijuana (tetrahydrocannabinol) and/or hemp (cannabidiol).

(9)

Parking lots servicing an adjoining property.

C-3 lot requirements.

(1)

Lot area: one acre minimum.

C-3 yard requirements.

(1)

Front yard. There shall be a front yard having a minimum of a seventy-five-foot setback to buildings and a twenty-five-foot setback to parking lots. Seventy percent of the front yard between the right-of-way and the building shall be landscaped except for ingress and egress areas.

(2)

Side yard. An interior landscaped side yard of 20 feet minimum shall be required. In addition to landscaping when such a lot abuts a residential district, an eight-foot-high solid fence is required.

(3)

Rear yard. There shall be a rear yard having a minimum of 25 feet. When such a lot abuts a residential district, a eight-foot-high solid fence is also required.

C-3 bulk limitation.

(1)

Height. Buildings erected shall not exceed 70 feet in height.

(2)

Landscape area. Thirty percent minimum of the site shall be landscaped.

(3)

Site coverage limitation. Structures and paving shall not cover more than 70% of the lot area.

C-3 exterior building materials. Exterior building facades shall be clad with a substantial building material such as brick or stone and shall be architecturally compatible with the surrounding development. Colors shall be unobtrusive and harmonious with the surrounding development and should generally be earth-tone colors.

§ 590-26 I-1 Light Industrial District.

The I-1 Light Industrial District is intended to permit both large- and small-scale industrial and office development at an intensity which is consistent with existing transition and urban intensity development. The industrial uses shall have relatively high maximum floor area ratio (FAR) and areas with landscaping. The primary distinguishing feature of this district is that it is geared for indoor industrial activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no development within this district shall have direct access to a local residential street or a residential collector street.

I-1 permitted uses. I-1 District uses are those which are protected from potential nuisances associated with many of the permitted uses within the I-2 Heavy Industrial District. The following manufacturing uses, and other similar uses, are permitted in the I-1 District:

	Accessory uses incidental to and located on the same lot as the principal use
	Boot and shoe manufacturing
	Bottling companies
	Business machines, etc.
	Cabinetry
	Carpet manufacturing
	Cartage and express trucking facilities
	Cloth products/clothing manufacturing
	Cosmetics production
	Dairy product bottling
	Electronic and scientific precision instruments
	Electroplating
	Feed and seed sales
	Fuel sales
	Ice sales and storage
	Glass product manufacturing
	Health institutions
	Insulating materials manufacturing
	Light machinery production - appliances
	Lithographing
	Musical instruments manufacturing
	Office
	Orthopedic and medical appliance manufacturing
	Petroleum products storage
	Pottery and ceramics manufacturing
	Printing and publishing
	Public utility and service uses
	Radio and television stations and towers
	Research and development
	Sporting goods manufacturing
	Temporary buildings for construction purposes, for a period not to exceed the duration of such construction
	Trade schools
	Transportation terminal
	Warehousing
	Manufacturing and service of commercial liquid waste and agricultural equipment such as septic tankers, portable sanitation service trucks, slide-in units and other equipment necessary to the same. [Added 9-12-2016]

I-1 restricted uses in the I-1 District.

(1)

Dwelling units. Dwelling units and lodging rooms are not permitted.

(2)

Uses and activities within 500 feet of a residential district. All business servicing, production, processing, or storage within 500 feet of a residential district (except motor vehicles in operable condition) shall be completely enclosed within buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) eight feet in height.

I-1 conditional uses.

(1)

Fur processing.

(2)

Fertilizer manufacturing.

(3)

Amusement establishments.

(4)

Other manufacturing processes or storage uses determined by the Planning and Zoning Commission to be of the same general character as the uses permitted above.

(5)

Any uses permitted in the C-1 Neighborhood Commercial, C-2 Commercial or the C-3 Business and Office District.

[Added 11-12-2001]

(6)

Commercial or residential planned unit developments located within 685 feet of a nonindustrial district.

[Added 3-25-2003]

(7)

Temporary structures. Furthermore, such conditional use permit shall contain conditions including but not limited to the following: use is limited to exterior storage only; aesthetically acceptable appearance (generally, out of site from areas viewable by the general public); state-approved plans regarding snow load, wind, and sprinklers; consideration of lighting requirements; notification to the Village Assessor for taxation evaluation; a determination that the permitted structure is in violation of Village Code Ch. 437 results in a voided permit; an initial term comprised of one year less than the remaining life of an applicable warranty; each temporary structure requires an individual conditional use permit.

[Added 7-9-2018]

I-1 lot size requirements.

(1)

Frontage: a minimum of 150 feet on a public street right-of-way.

(2)

Lot area. In the I-1 District there shall be provided not less than 10,000 square feet of lot area.

I-1. yard requirements.

(1)

Front yard. There shall be a front yard having a minimum depth of 25 feet.

(2)

Side yard. There shall be a minimum interior side yard of 25 feet.

(3)

Corner side yard. There shall be a corner side yard of not less than 25 feet in each instance where the side property line is adjacent to a public street.

(4)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

I-1 transitional yards.

(1)

Where a side lot line coincides with a side or rear lot line in an adjacent residential, commercial, or business district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for the adjacent district, including a fifteen-foot landscaped buffer toward the adjoining property.

(2)

Where a rear lot line coincides with a side lot line in an adjacent residential, commercial, or business district, a yard shall be provided along such rear lot line in an adjacent residential, commercial, or business district. Such yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for the adjacent district, with a fifteen-foot landscaped buffer toward the adjoining property.

(3)

No building or structure in the I-1 District shall be located within 100 feet of a residential district boundary line, unless such building or structure is effectively screened from such residential district by a wall or fence not less than eight feet in height or a densely planted compact hedge not less than eight feet in height.

I-1 bulk limitation.

(1)

Height. Buildings and accessory structures shall not exceed 60 feet in height.

(2)

Area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking and loading areas, shall cover not more than 90% of the lot area.

§ 590-27 I-2 Heavy Industrial District.

The I-2 Heavy Industrial District is intended to permit both large- and small-scale industrial manufacturing. The primary distinguishing feature of this district is that it is geared for industrial activities which are typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no development within this district shall have direct access to a local residential street or a residential collector street.

I-2 permitted uses.

(1)

Milling.

(2)

Paper manufacturing companies.

(3)

Power plants.

(4)

Transportation terminal.

(5)

Warehousing.

(6)

Other similar manufacturing processes or storage uses determined by the Planning and Zoning Commission to be of the same general character as the used permitted above.

(7)

Public utility and service uses.

[Added 11-2-2006]

I-2 restricted uses in the I-2 District.

(1)

Dwelling units. Dwelling units and lodging rooms are not permitted.

(2)

I-2 conditional uses.

(1)

Amusement establishments.

(2)

Garbage, recycling, and rubbish processing.

(3)

Junkyards.

(4)

Other manufacturing processes or storage uses determined by the Planning and Zoning Commission.

(5)

Any uses permitted in the C-1 Neighborhood Commercial, C-2 Commercial or the C-3 Business and Office District.

[Added 11-12-2001]

(6)

Commercial or residential planned unit developments located within 685 feet of a nonindustrial district.

[Added 3-25-2003]

(7)

Industrial planned unit development.

[Added 5-3-2007]

(8)

[Added 7-9-2018]

I-2 lot size requirements.

(1)

Frontage: a minimum of 150 feet on a public street right-of-way.

(2)

Lot area. In the I-2 District there shall be provided not less than 10,000 square feet of lot area.

I-2 yard requirements.

(1)

Front yard. There shall be a front yard having a minimum depth of 25 feet.

(2)

Side yard. There shall be a minimum interior side yard of 25 feet.

(3)

Corner side yard. There shall be a corner side yard of not less than 25 feet in each instance where the side property line is adjacent to a public street.

(4)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

Transitional yards.

(1)

Where a side lot line coincides with a side or rear lot line in an adjacent residential, commercial, or business district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for the adjacent district, which includes a fifteen-foot landscaped buffer toward the adjoining property.

(2)

Where a rear lot line coincides with a side lot line in an adjacent residential, commercial or business district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for the adjacent district, which includes a fifteen-foot landscaped buffer toward the adjoining property.

(3)

No building or structure in the I-2 District shall be located within 100 feet of a residential district boundary line, unless such building or structure is effectively screened from such residential district by a wall or fence not less than eight feet in height or a densely planted compact hedge not less than eight feet in height.

I-2 bulk limitation.

(1)

Height. Buildings and accessory structures shall not exceed 65 feet in height.

I-2 area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas, shall cover not more than 90% of the lot area.

§ 590-28 G/I Government/Institutional District.

The G/I Government/Institutional District is intended to identify those areas where specifically defined public or institutional uses may be permitted. Such uses may be subject to regulatory standards as necessary to ensure compatibility with surrounding areas.

G/I permitted uses.

(1)

Public or private schools, colleges and universities.

(2)

Churches, temples and other places of worship.

(3)

Public libraries.

(4)

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

(5)

Public utility offices.

(6)

Day-care facilities.

(7)

Any other municipal use permitted by the laws of the State of Wisconsin.

G/I conditional uses.

(1)

Concert halls.

(2)

Public utility installations.

(3)

Hospitals and elderly care centers.

(4)

Any similar park and related uses.

(5)

Public utility and service uses.

[Added 11-2-2006]

(6)

Temporary structures. Furthermore, such permit shall contain conditions including but not limited to the following: use is limited to exterior storage only; aesthetically acceptable appearance (generally, out of site from areas viewable by the general public); state-approved plans regarding snow load, wind, and sprinklers; consideration of lighting requirements; a determination that the permitted structure is in violation of Village Code Chapter 437 results in a voided permit.

[Added 2-26-2024]

G/I lot size requirements. Minimum lot area shall be 1,500 square feet with a minimum width of 100 feet.

G/I yard requirements.

(1)

Side yards. No single side yard shall be less than 15 feet in either side on single lots of 100 feet in width or over.

(2)

Front yard. There shall be a minimum setback of 25 feet.

(3)

Rear yard. There shall be a minimum setback of 25 feet.

G/I bulk limitations.

(1)

Height. Buildings hereafter erected or structurally altered shall not exceed 35 feet in height. Accessory buildings shall not exceed 18 feet.

§ 590-29 P-1 Parkland and Conservancy District.

The P-1 Parkland and Conservancy District is intended to identify those areas where development is prohibited due to groundwater, the presence of significant wildlife habitat, natural vegetation, archaeological site, geologic feature or historical site and is intended to provide for areas where the recreational needs of the populace can be met without undue disturbance of natural resources and adjacent uses. No building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses.

P-1 permitted uses.

(1)

Park and recreational uses such as fishing, hiking or biking.

(2)

Forestry practices.

(3)

Wood stands, natural and controlled.

(4)

Conservation and environmental practices.

(5)

Boat access sites.

(6)

Botanical gardens and arboretums.

(7)

Historic and monument sites.

(8)

Outdoor ice-skating and hockey rinks.

(9)

Picnic areas.

(10)

Play fields or athletic fields.

(11)

Playgrounds.

(12)

Play lots or tot lots.

(13)

Tennis courts.

(14)

Skiing and tobogganing slopes.

(15)

Swimming beaches.

(16)

Water parks and pools.

(17)

Any structure necessary for the operation or use of a permitted use.

(18)

Pavilion.

(19)

Park and Village related uses.

(20)

Any similar park and related uses.

P-1 conditional uses.

Golf courses.

Golf driving ranges.

Marina.

Recreation centers.

Wildlife preserves.

Zoological facilities.

(7)

All-terrain vehicle trails.

(8)

Snowmobile trails.

(9)

Public utility and service uses.

[Added 11-2-2006]

P-1 prohibited uses.

(1)

Clear-cut forestry.

(2)

Any other use not otherwise permitted by this section.

P-1 height and area. Lots in the Parkland and Conservancy District shall provide sufficient area for any principal structure or accessory structures as well as necessary off-street parking and loading areas.

P-1 building height and size. No building or parts of a building shall exceed 35 feet in height.

P-1 setback and yards. No building or structure shall be erected, altered, or moved closer than 40 feet to the right-of-way.

P-1 minimum utility service. Electricity, wastewater treatment and disposal facilities, and water supply system shall be installed as required by the Wisconsin Administrative Code, Wisconsin Department of Natural Resources and/or the Marathon County Health Department.

P-1 special regulations.

(1)

To encourage a park use environment that is compatible with the adjacent land use, permits shall not be issued without prior review and approval of plans by the Planning and Zoning Commission.

(2)

Said review and approval shall be concerned with adjacent uses, general layout, building site and operation plans, building materials, need for public wastewater treatment and water supply facilities, ingress, egress, parking, loading and unloading, and screening and landscape plans.

§ 590-30 Planned unit development (PUD).

[Amended 5-3-2007; 2-23-2026]

Residential or commercial planned unit developments may be permitted in appropriate districts as a conditional use after review and recommendation of the Planning and Zoning Commission and approval by the Village Board.

(1)

Waive district standards. The district standards and requirements may be modified by the Village Board, upon recommendation of the Planning and Zoning Commission, in the case of a plan and program for a planned unit development which, in the judgment of the Village, provides adequate public spaces and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also assures conformity with the purpose of the zoning regulations of the Village of Rothschild.

(2)

) Planned unit development approval process. The PUD shall be a conditional use and will follow the conditional use application and approval process.[1] The application should include, at a minimum

(a)

Conditional use application.

(b)

Preliminary plan,

(c)

Developer's agreement.

(d)

Conditional use description.

[1]

Editor's Note: See Article XI, Conditional Use Permits.

(3)

Standards. The following regulations shall apply:

(a)

Spacing and orientation of building groups. Exterior walls of neighboring buildings in some cases may be permitted to be attached. Where opposite walls do not touch, their distances must permit adequate space for light and air and not create awkward circulation patterns or compromise the health, safety and welfare of the occupants.

(b)

Emergency access. A building group shall not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.

(c)

Circulation. There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, and off-street parking and loading space. There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

(d)

Density. In residential districts density shall be evaluated by the Planning and Zoning Commission. Individual site characteristics, district standards, and adjoining properties shall be evaluated to assure appropriate densities on each PUD site. In no case shall the density exceed the maximum allowed by the district.

(e)

Yard requirements. Side yards and setbacks along the periphery of a PUD shall be provided as required by this chapter for the district in which the PUD is located.

See Appendix H[2] for the PUD Neighborhood Master Plan existing at the time of the writing of this chapter.

[2]

Editor's Note: Appendix H is on file in the office of the Village Clerk.

Noncommercial/residential planned unit development. When special or unique circumstances make a planned unit development appropriate and the particular zone permits planned unit developments, a planned unit development may be permitted for other than residential or commercial development. The same procedure used for commercial and/or residential planned development applications and approval shall be used.

§ 590-31 FF Floodplain Overlay District.

Refer to Chapter 572, Floodplain Zoning, of this Code.

§ 590-32 Wellhead Protection Overlay District.

[Amended 10-10-2016]

Purpose, authority and application.

(1)

Purpose. The residents of the Village depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to establish a groundwater protection overlay district to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the Village and promoting the public health, safety and general welfare of Village residents. Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five-years or less to travel from the land's surface to the pumping well.

(2)

Authority. This section is adopted pursuant to the authority of §§ 61.35 and 62.23, Wis. Stats.

(3)

Application. The "Village of Rothschild Wellhead Protection Plan Wells #3, #4, #5 & #6 September 2016," prepared for the Rothschild Water Utility by Andrew Aslesen, Sourcewater Specialist, Wisconsin Rural Water Association Sourcewater Protection Program, is hereby adopted by reference and as from time to time amended as if fully set forth herein. The regulations specified in this Wellhead Protection Ordinance shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the Village's wellhead protection plan and as shown on maps in Figures 7, 8 and 9 therein and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and any other land use regulation, the more restrictive provision shall apply.

Definitions.

AQUIFER

A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

EXISTING FACILITIES

Current facilities, practices and activities which may cause or threaten to cause environmental pollution within the Village's wellhead protection areas. Existing facilities include but are not limited to the types cited in Ch. NR 809, Wis. Adm. Code (and listed in the Department of Natural Resources form 3300-215, the "Public Water Supply Potential Contaminant Use Inventory Form"), which is incorporated into this section by reference and as from time to time amended as if fully set forth herein.

GROUNDWATER PROTECTION OVERLAY DISTRICT

That area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a wellhead protection area by the Village's wellhead protection plan adopted by reference in Subsection A(3) above.

HAZARDOUS CHEMICALS

Chemicals and chemical mixtures that are required to have a Safety Data Sheet and meet the definition of "hazardous chemical" under the Occupational Safety and Health Administration (OSHA) regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:

(1)

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosive's, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as described in 29 CFR 1910.1200, Appendix A.

(2)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

(3)

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises 1.0% or greater of the composition on a weight-per-unit weight basis.

(4)

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight-per-unit weight basis.

(5)

Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than 0.1% of the mixture on a weight-per-unit weight basis if carcinogenic or more than 1.0% of the mixture on a weight-per-unit weight basis if noncarcinogenic.

(6)

Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

RECHARGE AREA

The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well.

WELL FIELD

A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

Groundwater Protection Overlay Districts. The locations and boundaries of the districts established by this section are outlined and described as the "wellhead protection areas" by the Village's wellhead protection plan adopted by reference in Subsection A(3) above.

(1)

Permitted uses. Only the following uses are permitted in the Groundwater Protection Overlay Districts and such as they are further subject to the prohibited characteristics set forth in Subsection C(3) and the separation distances set forth in Subsection D:

(a)

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

(b)

Playgrounds.

(c)

Wildlife areas.

(d)

Nonmotorized trails, such as bike, skiing, nature and fitness trails.

(e)

Residential, commercial and industrial establishments that are municipally sewered and whose total aggregate of hazardous chemicals in use, storage, handling and/or production does not exceed 20 gallons or 160 pounds at any one time.

(f)

Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields shall not exceed levels recommended in Nutrient application guidelines for field, vegetable, and fruit crops in Wisconsin (A2809), Laboski, Carrie A.M., and Peters, John B., University of Wisconsin-Extension, Cooperative Extension, 2012, which is incorporated into this section by reference and as from time to time amended as if fully set forth herein.

(2)

Conditional uses. Only the following uses may be conditionally permitted in the Groundwater Protection Overlay Districts and such as they are further subject to the prohibited characteristics set forth in Subsection C(3), the separation distances set forth in Subsection D and the administration of conditional use permits set forth in Subsection E:

(a)

Hydrocarbon, petroleum or hazardous chemical storage tanks.

(b)

Motor vehicle services, including filling and service stations, repair, renovation and body work.

(c)

(d)

Geothermal wells, also known as ground source heat pumps, along with any associated piping and/or ground loop component installations.

(3)

Prohibited characteristics. The following characteristics of any permitted or conditional use are prohibited in the Groundwater Protection Overlay Districts:

(a)

Cemeteries.

(b)

Chemical manufacturers (OSHA Standard Industrial Classification Major Group 28).

(c)

Coal storage.

(d)

Dry cleaners.

(e)

Electroplating facilities.

(f)

Foundries and forge plants.

(g)

Industrial liquid waste storage lagoons and pits.

(h)

Landfills and any other solid waste facility, except post-consumer recycling.

(i)

Manure and animal waste storage.

(j)

Mining of any kind, including metallic, sand and aggregate pits.

(k)

Pesticide and fertilizer dealer, manufacturing, transfer or storage facilities.

(l)

Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(m)

Railroad yards and maintenance stations.

(n)

Rendering plants and slaughterhouses.

(o)

Salt or deicing material bulk storage.

(p)

Salvage yards or junkyards.

(q)

Septage or sludge spreading, storage or treatment.

(r)

Septage, wastewater, or sewage lagoons.

(s)

Stockyards and feedlots.

(t)

Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention.

(u)

Wood-preserving operations.

(v)

Any other use characteristic substantially similar to the above list.

Separation distances. Section NR 811.12(5), Wis. Adm. Code, is incorporated into this section by reference and as from time to time amended as if fully set forth herein. The separation distances specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained in all areas of the Groundwater Protection Overlay Districts.

Administration of conditional use permits. The Village shall permit conditional uses in the Groundwater Protection Overlay Districts subject to the following:

(1)

Required application materials. All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the Village, and may require an environmental assessment report prepared by a licensed environmental engineer.

(2)

Referral to Planning and Zoning Commission. A properly completed application shall be referred to the Planning and Zoning Commission for its review and recommendation. The Planning and Zoning Commission shall review the application and schedule and hold a public hearing prior to making its recommendation to the Village Board, if any.

(3)

Standards for conditional use. Subject to Subsection A(3) above the Village shall apply the following standards:

(a)

The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the Village or the Village's recharge areas.

(b)

The proximity of the applicant's property to other potential sources of contamination.

(c)

The then existing condition of the Village's groundwater, public water well(s) and well fields, and their vulnerability to further contamination.

(d)

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

(e)

Any other hydrogeological data or information which is available from any source.

Conditions. The Village may require conditions and restrictions, including but not limited to the following:

(1)

A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The Village may require an applicant to install one or more groundwater monitoring well(s) at the expense of the applicant.

(2)

The establishment of safety structures to prevent groundwater contamination.

(3)

The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination.

(4)

Written policies and procedures for reporting and cleaning up any spill of a hazardous material.

(5)

The provision of copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the Village.

(6)

A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination.

(7)

Bonds and/or other form of security satisfactory to the Village for future monitoring and cleanup costs if groundwater contamination occurs in the future.

Transfers of interest in property. Conditional use permits issued under this section are nontransferable including to successor owners of the property subject to the permit without the express written consent of the Village. The Village may set conditions and restrictions on any transfer, including but not limited to a requirement that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, as were required of the former owner. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner or successor to an interest in the real property shall apply to the Village within 60 days for permission to continue the use granted by the conditional use permit.

Payment of costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application process. The conditional use permit will become effective only after any costs incurred by the Village during the conditional use application process are paid by the applicant. Those costs may include:

(1)

The Village's expenses, including consultant's and attorney's fees, if any, associated at the invoiced amount plus administrative costs.

(2)

The cost of an environmental impact study if so required by the Village or its designee.

(3)

The cost of groundwater monitoring or groundwater wells if required by the Village or its designee.

Village inaction. If within 90 days of the delivery of the application to the Village the applicant has not received either a response or an extension in writing from the Village Board, then the application shall be deemed denied.

Prior existing legal nonconforming uses. Nonconforming uses lawfully in existence within the Groundwater Protection Overlay Districts as of the adoption of this section may continue to exist in the form and scope in which they existed at that time subject to the following provisions:

(1)

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village upon request.

(2)

Existing facilities shall only replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(3)

In the event that a lawful nonconforming use poses a direct hazard to the Village's public water supply, the Village may take any action permitted by law to abate the hazard.

(4)

Existing facilities shall have the responsibility of devising and/or filing with the Village a contingency plan satisfactory to the Planning and Zoning Commission for the immediate notification of the appropriate Village officers in the event of an emergency.

No acceptance of liability by Village. Nothing in this section shall be construed to imply that the Village has accepted any of an owner's or operator's liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer.

Enforcement and penalties.

(1)

In the event that an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay Districts, the individual/facility causing said release shall immediately cease and desist and provide cleanup satisfactory to the Village.

(2)

The individual/facility shall be responsible for all costs of cleanup and the Village's necessary consultant fees at the invoiced amount plus administrative costs for oversight, review and documentation, which includes all of the cost of the Village employees' time associated in any way with the cleanup, the cost of Village equipment employed and the cost of mileage reimbursed to the Village employees attributed to the cleanup.

(3)

Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsections E and F herein.

(4)

Any person who violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this section shall, upon conviction, forfeit not less than $10 nor more than $1,000 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned until such forfeiture and costs are paid, but not exceeding 30 days. Each day that a violation continues to exist shall constitute a separate offense. The Village may also institute any appropriate action or proceeding to enjoin or abate a violation of this section.

§ 590-33 Nonmetallic Mine Reclamation Overlay District.

Intent. The Village has historically not permitted nonmetallic mining areas in the Village. Growth of the Village has brought in properties that are or had been used for nonmetallic mining. So that such uses would not be uncontrolled the Village created Chapter 388, Mining, Nonmetallic, of the Village Code licensing nonmetallic mining and site reclamation for regulating and, more importantly, encouraging and mandating reclamation of these sites. However, nonmetallic mine site reclamation was heretofore not an explicitly permitted use in the Village or the towns from which annexations occurred. This section is intended to create a district in which mining reclamation can be permitted in accordance with Chapter 388 of this Code.

Permitted uses subject to licensing pursuant to Chapter 388 of this Code.

(1)

Restoration, reclamation or filling of existing or unreclaimed nonmetallic mining sites.

(2)

Accessory uses, such as office, machine storage, stockpiling of fill and soil covering material.

Definitions. The terms "nonmetallic mining," "nonmetallic mining operation," "nonmetallic mining site," "site" and "reclamation" shall have the meaning assigned them in § 66.038(1), Wis. Stats.[1]

[1]

Editor's Note: Section 66.038, Wis. Stats., was repealed by 1997 Act 252.

Supremacy. If any ordinance is in conflict with this section, the provisions of this section shall control and supersede the conflicting ordinance.

§ 590-33.1 Community and other living arrangements.

[Added 4-8-2019]

Community and other living arrangements shall have the following requirements:

Definitions. For purposes of this section, the following terms shall have the meanings indicated:

COMMUNITY AND OTHER LIVING ARRANGEMENT

One of the following: a community living arrangement for adults, as defined in § 46.03(22), Wis. Stats.; a community living arrangement for children, as defined in § 48.743(1), Wis. Stats.; a foster home, as defined in § 48.02(6), Wis. Stats.; or an adult family home, as defined in § 50.01(1), Wis. Stats.

SPECIAL ZONING PERMISSION

Includes but is not limited to the following: special exception, special permit, conditional use, zoning variance, conditional permit and words of similar intent.

A community living arrangement may not be located within 2,500 feet of another community living arrangement.

(1)

Agents of a community living arrangement facility may apply for an exception to this requirement, and such exceptions may be granted at the discretion of the Village.

(2)

Two community living arrangements may be adjacent if the Village authorizes that arrangement and if both facilities comprise essential components of a single program.

When the total capacity of all community living arrangements in the Village reaches 25 persons or 1% of the Village's population, whichever is greater, the Village hereby prohibits any additional community living arrangements from locating in the Village.

A foster home that is the primary domicile of a foster parent and that is licensed under § 48.62, Wis. Stats., or an adult family home certified under § 50.032(1m)(b), Wis. Stats., shall be a permitted use in all residential areas and is not subject to Subsections Band C above. However, foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall still be subject to Subsections B and C above.

No adult family home described in § 50.01(1)(b), Wis. Stats., may be established within 2,500 feet of any other adult family home described in § 50.01(1)(b), Wis. Stats., or any community living arrangement.

(1)

However, an agent of an adult family home described in § 50.01(1)(b), Wis. Stats., may apply for an exception to this requirement, and the exception may be granted at the discretion of the Village.

(2)

An adult family home described in § 50.01(1)(b), Wis. Stats., that meets the criteria specified in Subsection E(l) above and that is licensed under § 50.033(1m)(b), Wis. Stats., is permitted in the Village without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in Subsection I below.

In all cases where the community living arrangement has capacity for eight or fewer persons being served by the program, meets the criteria listed in Subsections B arid C above, and is licensed, operated, or permitted under the authority of the Wisconsin: Departments of Health Services or Children and Families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in Subsection I below.

In all cases where the community living arrangement has capacity for nine to 15 persons being served by the program, meets the criteria listed in Subsections B and C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or two-family residences except as provided in Subsection I below, but is entitled to apply for special zoning permission to locate in those areas. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in Subsections B and C above, and is licensed, operated, or permitted under the authority of the Departments of Health Services or Children and Families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The Village may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

Not less than 11 months nor more than 13 months after the first licensure of an adult family home under § 50.033, Wis. Stats., or of a community living arrangement and every year thereafter, the Village Board may make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the Village. The determination shall be made according to the procedures provided under Subsection 1(2) below. If the Village Board determines that the existence in the Village of a licensed adult family home or a community living arrangement poses a threat to the health, safety or welfare of the residents of the Village, the Village Board may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under § 68.13, Wis. Stats., except that a free copy of the transcript may not be provided to the adult family home or community living arrangement. The adult family home or community living arrangement must cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.

(1)

The fact that an individual with acquired immunodeficiency syndrome or a positive HIV test, as defined in § 252.01(2m), Wis. Stats., resides in a community living arrangement with a capacity for eight or fewer persons may not be used under Subsection I above to assert or prove that the existence of the community living arrangement in the Village poses a threat to the health, safety or welfare of the residents of the Village.

(2)

A determination made under Subsection I above shall be made after a hearing before the Village Board. The Village shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The Village Board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the Village Board. The Village Board shall take notes of the testimony and shall mark and preserve all exhibits. The Village Board may, and upon request of the licensed adult family home or the community living- arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the Village. Within 20 days after the hearing, the Village Board shall mail or deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.

Community and other living arrangements in the Village shall be regulated as follows:

(1)

Community and other living arrangements explicitly excluded in this section from the requirement for a special zoning permission must obtain a regular zoning permit prior to operation. See Village Code § 590-98, General zoning process, and Chapter 590, Article XIII, Building Inspector/Zoning Administrator.

(2)

Community and other living arrangements not explicitly excluded in this section from the requirement for a special zoning permission must obtain a conditional use permit prior to operation. See Village Code Chapter 590, Article XI, Conditional use permits.

(3)

Community and other living arrangements that are explicitly allowed in this section to apply for a special zoning permission or an exception must obtain a variance prior to operation. See Village Code Chapter 590, Article XVI, Zoning Board of Appeals.

§ 590-33.2 Specially regulated businesses.

[Added 7-28-2025]

Purpose and intent.

(1)

The Village Board of the Village of Rothschild finds that certain businesses, due to their nature, are often accompanied by negative secondary effects such as increased crime, decreased property values, and impacts to public health, safety, and welfare. It is not the intent of this section to suppress any form of protected expression under the First Amendment, but rather to regulate the location and manner of these businesses in order to:

(a)

Promote the health, safety, and general welfare of the citizens;

(b)

Prevent the deterioration of neighborhoods and commercial areas; and

(c)

Minimize the adverse secondary effects of such businesses.

Businesses restricted.

(1)

Adult-oriented businesses: includes, but is not limited to, adult bookstores, adult motion picture theaters, adult cabarets, adult arcades, and any other commercial enterprise involving the display or sale of sexually explicit materials or live performances distinguished or characterized by the emphasis on nudity or sexual activity, etc.

Zoning restrictions.

(1)

Permitted only as a conditional use in the (I-1) Light Industrial and (I-2) Heavy Industrial zoning districts.

Separation requirements. Distances shall be measured in a straight line from the nearest property line of the specially regulated business to the nearest property line of the restricted use.

(1)

1,000 feet of any residentially zoned property;

(2)

1,000 feet of any school, daycare center, library, park, playground, or recreational facility;

(3)

1,000 feet of any church or other place of religious worship; or

(4)

1,000 feet of another business of the like.

Building and site requirements.

(1)

No regulated business shall be located in a structure that contains residential dwelling units or shared occupancy with another regulated use.

(2)

All signage shall be in compliance with Village sign ordinances and shall not include depictions of nudity or sexual conduct.