Article V District Regulations

§ 245-18 Single Family Residence District.

[Amended 3-8-1999 by Ord. No. 375; 8-9-1999 by Ord. No. 383; 9-24-2001 by Ord. No. 414; 9-22-2003 by Ord. No. 438; 1-23-2006 by Ord. No. 489; 7-24-2006 by Ord. No. 500; 4-23-2007 by Ord. No. 513; 1-28-2008 by Ord. No. 523; 5-11-2015 by Ord. No. 625; 8-13-2018 by Ord. No. 658]

There shall be an R-1 Single Family Residence District, with specific requirements as follows:

(1)

Single Family Residence District Regulations.

(a)

Minimum lot width: 60 feet at the setback line.

(b)

Minimum lot size: 6,500 square feet.

(c)

Street setback: 25 feet.

(d)

Side yards. Not less than 10 feet per side; provided, however, that the side yards may be reduced to five feet per side with the written, recorded agreement between abutting property owners.

(e)

Rear setback: Not less than 25 feet.

(2)

Substandard lots. Pursuant to Wis. Stats. § 66.10015, any lot legally created before a revision of this chapter that met the applicable lot size requirements when it was created, but does not meet current lot size requirements, may be used for a building site if it meets the conditions set forth in that statute. The Zoning Administrator shall adjust the applicable area requirements to enable construction.

(3)

Rear setback. Accessory buildings are allowed in the rear setback.

(4)

Shoreline setbacks.

(a)

In every instance where a single-family lot abuts shoreline, no dwelling or part of a dwelling may be built within 40 feet of the ordinary high water mark, except as set forth in Subsection A(4)(b).

(b)

Shoreline averaging. In neighborhoods existing prior to August 12, 1996, (the date of passage of Ordinance No. 340) where 50% or more of the lots with river frontage within 500 feet of the building site contain occupied residences, the shoreline setback for a particular building site shall be established by averaging the distance of the two adjacent residences from the shoreline at its ordinary high water mark. If one adjacent lot is vacant, the distance of 40 feet shall be used for the calculation. If both adjacent lots are vacant, the setback shall be 40 feet. In no case shall the combined rear yard/shoreline setback be less than 25 feet.

(5)

Regulations applicable to all single-family dwellings:

(a)

The dwelling unit must be a site-built home, a modular home, or a manufactured (mobile) home.

(b)

The dwelling must have a masonry finish at the base of the dwelling.

(c)

Maximum height: 35 feet.

(d)

Minimum required parking: see § 245-15.

Permitted, conditional and accessory uses. In the Single Family Residence District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-19 Two Family Residence District.

[Added 3-8-1999 by Ord. No. 375; amended 3-8-1999 by Ord. No. 376; 7-28-2003 by Ord. No. 436; 8-13-2018 by Ord. No. 658]

There shall be an R-2 Two Family Residence District, with specific requirements as follows:

(1)

Two Family Residence District.

(a)

Minimum lot width: 80 feet at the setback line.

(b)

Minimum lot area: 10,890 square feet.

(c)

Street setback: 25 feet.

(d)

Side yard setback: 10 feet.

(e)

Rear setback: Not less than 25 feet.

(2)

(3)

Rear setback. Accessory buildings are allowed in the rear setback.

(4)

Shoreline setbacks.

(a)

In every instance where a two-family lot abuts shoreline, no dwelling or part of a dwelling may be built within 40 feet of the ordinary high water mark, except as set forth in Subsection A(4)(b).

(b)

(5)

Regulations applicable to all two-family dwellings.

(a)

Maximum height: 35 feet.

(b)

Minimum required parking: see § 245-15.

Permitted, conditional and accessory uses. In the Two Family Residence District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-20 Multiple Family Residence District.

[Amended 9-13-1993 by Ord. No. 292; 9-26-1994 by Ord. No. 305; 3-8-1999 by Ord. No. 375; 8-9-1999 by Ord. No. 383; 9-24-2001 by Ord. No. 414; 4-23-2007 by Ord. No. 513; 8-13-2018 by Ord. No. 658]

Area requirements:

(1)

Minimum lot width: 80 feet at the setback line.

(2)

Minimum lot area: 10,890 square feet.

(3)

Street setback: 25 feet.

(4)

Side yards: 10 feet per side.

(5)

Rear setback: Not less than 25 feet.

(6)

(7)

Rear setback. Accessory buildings are allowed in the rear setback.

(8)

Shoreline setbacks.

(a)

In every instance where a multiple-family lot abuts shoreline, no dwelling or part of a dwelling may be built within 40 feet of the ordinary high water mark, except as set forth in Subsection A(4)(b).

(b)

(9)

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

(10)

Auto parking. See § 245-15.

Permitted, conditional and accessory uses. In the Multiple Family Residence District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-21 B-2 Business and Commercial District.

[Amended 10-23-1995 by Ord. No. 322; 8-9-1999 by Ord. No. 383; 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No. 505; 4-23-2007 by Ord. No. 513; 8-13-2018 by Ord. No. 658]

Area requirements.

(1)

Minimum lot width: None.

(2)

Minimum lot area: None.

(3)

Street setback: None required, unless a street setback is imposed in the CUP or PCDD process, where the Plan Commission may impose additional setback requirements where circumstances, including neighboring properties, conformance with the locale, or site requirements require additional setback consideration.

(4)

Side yards: Business or mixed use: minimum required to meet the provisions of the applicable building code.

(5)

Rear setback: Not less than 25 feet.

(6)

Shoreline setbacks. In every instance where a business district abuts shoreline, no structure or part of a structure may be built within 40 feet of the ordinary high water mark.

(7)

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

(8)

Residential uses within the Business and Commercial District shall be permitted only to the extent that the residential use on the ground floor does not exceed 50% of the square footage of the ground floor. Residential uses shall be allowed in up to 100% of a structure in this district with a conditional use permit.

(9)

Auto parking. See § 245-15.

(10)

Vision clearance triangle. See § 245-13H.

Permitted, conditional and accessory uses. In the Business District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-22 B-1 Business and Industrial District.

[Amended 8-12-1996 by Ord. No. 340; 8-9-1999 by Ord. No. 383; 12-11-2006 by Ord. No. 505; 8-13-2018 by Ord. No. 658]

Area requirements.

(1)

Minimum lot width and area: None.

(2)

(3)

Side yards: 10 feet or greater if required to meet the bufferyard requirements for the specific use (see Articles X and XI).

(4)

Rear setback: Not less than 25 feet.

(5)

Shoreline setbacks. In every instance where an industrial district abuts shoreline, no structure or part of a structure may be built within 40 feet of the ordinary high water mark.

(6)

Height. 45 feet, provided that appurtenances may be taller as set forth in § 245-12.

(7)

Auto parking. See § 245-15.

(8)

Vision clearance triangle. See § 245-13H.

Permitted, conditional and accessory uses. In the Industrial District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1] No residential, educational or institutional uses are allowed in the industrial district.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-22.1 Quarrying/Extractive Mining and Agriculture Overlay District.

[Added 11-11-2019 by Ord. No. 676]

There shall be a Quarrying/Extractive Mining and Agriculture Overlay District in the Village which shall consist of the lands that are incorporated into the Village through any of the statutorily prescribed annexation processes provided under Chapter 66 of the Wisconsin Statutes that are incorporated into the Village after December 1, 2019, and all dates thereafter.

Purpose. The Quarrying/Extractive Mining and Agriculture Overlay District is intended to provide for the orderly continuation or restoration of existing or planned quarries or other extractive and related operations and to provide for the location in approximate places of new extractive operations that provide maximum protection to the natural environment as well as for the orderly continuation of agriculture activities in areas that are presently natural areas or are under cultivation or agricultural uses at the time of annexation to the Village, or may be approved by the Plan Commission through the annexation process. This district further provides for the restoration of quarries in a manner that will not deteriorate the natural environment.

Lot area and setbacks.

(1)

Lots shall provide sufficient area for the principal structure and its accessory structures, the extractive industrial or agricultural operation, off-street parking and loading, and yards as required herein.

(2)

Lots shall be not less than 20 feet in width at the principal street access.

(3)

Building height. No structure, building, or parts of a building shall exceed 75 feet in height above original land elevation of the parcel.

(4)

Setbacks and yards.

(a)

The extractive operation shall be set back a minimum of 200 feet from the right-of-way line of all highways, streets, or roads and all exterior property lines.

(b)

Uses accessory to the extractive operations, such as offices, parking and loading areas, and stockpiles of materials, shall be set back a minimum of 100 feet from the right-of-way line of all highways or roads and all property lines.

(c)

Nonstructural agricultural uses, including cultivation or fenced pasture land, may be up to zero feet from the lot line. Agricultural structures must be a minimum of 10 feet from the lot line for structures that do not contain any manure or animal wastes at any time, and 60 feet from any lot line for structures that contain up to 50 pounds of manure or animal wastes at any one time. Structures that contain 51 pounds of manure or animal wastes at any one time must be located 200 feet from the lot line.

Permitted uses. None.

Permitted accessory uses. None.

Conditional uses. Other uses similar to an underlying use with Village Plan Commission approval. The Plan Commission shall conduct a review, including, but not limited to, the site, existing and proposed structures, neighboring uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. No conditional use in the overlay district shall be approved unless the Plan Commission finds that the use is appropriate for the neighborhood, the site, and the building pursuant to the purpose set forth in this section. Notwithstanding, the following uses may be conditioned by the Plan Commission:

(1)

Crushed and broken stone quarrying.

(2)

Clay, ceramic, and refractor mineral mining.

(3)

Sand and gravel quarrying.

(4)

Nonmetallic mining except fuels.

(5)

Aggregate and ready-mix plants.

(6)

Mixing of asphalt.

(7)

Processing of topsoil.

(8)

Washing, refining, or processing of rock, slate, gravel, sand and minerals.

(9)

Brickmaking.

(10)

Animal husbandry, breeding, milking, keeping, riding, training, sale, slaughter, and/or processing.

(11)

Egg laying.

(12)

Keeping of bees or other pollinators and/or vermiculture.

(13)

Aquacultural activities.

(14)

Cultivation of lands for any crop, vegetable, fruit, flower or vegetation that is permissibly grown according to the administrative codes of the Wisconsin Department of Agriculture.

(15)

Farm stands, vegetable or fruit picking and/or packaging, farm tours or haunted farm trails, corn mazes, hay rides, petting zoos, or other farm-related tourism activities.

(16)

Sale of farm products produce on- and off-site.

(17)

Meatery, winery, distillery, brewery operations.

(18)

Bed-and-breakfasts and wedding/event barns.

EPA standards. Unless otherwise waived as a condition, upon findings by the Plan Commission, the operator shall be required to comply with the U.S. Environmental Protection Agency (EPA) criteria for particulate matter (PM) in existence at the time of application.

Special regulations.

(1)

Application for a conditional use permit shall be made to the Zoning Administrator by the property owner or long-term lessee, either of whom shall be directly responsible in the extracting or removal of the mineral, gravel, sand, rock, slate, or topsoil or agricultural operation. Applications shall be accompanied by the following:

(a)

For mining/extractive uses: a fee as set by the Village Board for one year of operation; a plat of survey of the proposed site and an adequate description of the operational methods; a list of equipment, machinery, and structures to be used; the source, quantity, and disposition of water to be used; a topographic map of the site showing existing contours with a minimum vertical of five feet; trees; proposed and existing access roads; the depth of all existing and proposed excavations; and a restoration plan.

(b)

For agricultural uses: a site plan detailing contemplated uses.

(2)

For mining/extractive uses, a restoration plan provided by the applicant shall contain proposed contours after filling or restoration, depth of the restored topsoil, type of fill, planting or reforestation, and restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the Village's inspection and administration costs. The applicant and/or owner of the land from which the mineral, gravel, sand, rock, slate, or topsoil is being removed or extracted shall furnish the necessary sureties which will enable the Village to perform the planned restoration of the site in the event of default by the applicant. The amount of sureties shall be based upon cost estimates prepared by the Village Engineer, and the form and type of such sureties shall be approved by the Village Board.

(3)

For mining/extractive uses. The Plan Commission or Zoning Administrator, in their sole discretion, may require air quality monitoring of the site at any time upon 30 days' written notice.

(4)

For mining/extractive uses: vehicle backup alarms. Any and all vehicles or implements must, in an effort to control noise, use an OSHA-approved "discriminating back up alarm" as defined in 29 CFR 1926.602.

(5)

For mining/extractive uses: fugitive dust control. In addition to any ambient air monitoring required, the operator shall comply with best management practices for control of on-site and off-site fugitive dust, including, but not limited to, use of truck covers, watering roads and equipment, and stabilizing stock piles.

Exterior lighting. Exterior lighting standards and lighting plan required. Exterior lighting plans shall be required for new development or redevelopment of existing exterior lighting in the Quarrying/Extractive Mining and Agricultural Overlay District for mining uses. At the time any exterior light is installed or substantially modified in the Overlay District, and whenever a zoning permit application is made for new development or redevelopment, an exterior lighting plan shall be submitted to the Plan Commission in order to determine whether the requirements of this subsection have been met and that adjoining property will not be adversely impacted by the proposed lighting.

(1)

A lighting plan submitted pursuant to the requirements of this subsection shall have, at a minimum, the following elements:

(a)

A catalog page, cut sheet, or photograph of the luminaire, including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cutoff angles.

(b)

A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire.

(c)

A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.

(2)

Exterior lighting in the Overlay District shall be limited to total-cutoff-type luminaires (with angle greater than 90°). The maximum permitted illumination shall be two footcandles, and the maximum permitted luminaire height shall be 30 feet as measured from surrounding grade to the bottom of the luminaire. (Note: This standard does not address illumination levels or fixture height which may be required by the Village of Waterford for the adequate lighting of public street rights-of-way. It represents maximum illumination levels on private property.)

(3)

For the purposes of this subsection, light shall be measured as follows:

(a)

Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall be read within an accuracy of plus or minus 5%. The meter shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within 30 days of its use.

(b)

Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same sources off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this subsection.

§ 245-23 Floodplain Districts [Floodway District (FW), Floodplain Fringe Overlay District (FFO) and General Floodplain District (GFP)].

[Amended 12-11-2006 by Ord. No. 505]

See Chapter 256.

§ 245-24 (Reserved) [1]

[1]

Editor's Note: Former § 245-24, Floodplain Fringe Overlay District, was repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning.

§ 245-25 Wellhead Protection Area Overlay District.

[Added 7-12-1999 by Ord. No. 381; amended 11-22-2004 by Ord. No. 462]

Authority. This section is adopted pursuant to Wis. Stat. § 62.23(7)(c) and the amendments thereto, which grants the Village the authority to enact zoning regulations to encourage the protection of groundwater resources and to promote health and the general welfare.

Purpose. The purpose of the Wellhead Protection Area Overlay District is to institute land use regulations and restrictions protecting the municipal water supply of the Village of Waterford.

Application of regulations. The regulations specified in this section shall apply to the areas of the Village of Waterford that lie within a twelve-hundred-foot radius of Well No. 3, which is the area identified as the Wellhead Protection Area for Well No. 3, as set forth in the Wellhead Protection Plan for Well No. 3, Village of Waterford, May 13, 1999, and for the area within the Village identified as the Wellhead Protection Area for Well Nos. 4 and 5, legally described in Subsection E, as set forth in the Wellhead Protection Plan for Well No. 4 and No. 5, Village of Waterford, August, 2004, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between the provisions of this overlay district and the underlying zoning district, the more restrictive provision shall apply.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AQUIFER

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

CONE OF DEPRESSION

The area around a well, in which the water level has been lowered at least one foot by pumping of the well.

FIVE-YEAR TIME OF TRAVEL

The recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.

MUNICIPAL WATER SUPPLY

The municipal water supply of the Village of Waterford.

RECHARGE AREA

The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well.

THIRTY-DAY TIME OF TRAVEL

The recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.

ZONE OF SATURATION

The saturated zone is the area of unconsolidation, fractured or porous material that is saturated with water and constitutes groundwater.

Wellhead Protection Area Overlay District. The Wellhead Protection Area Overlay District (WHPA) is intended to protect the groundwater recharge area for Well Nos. 3, 4 and No. 5 from contamination. The WHPA is necessary to institute land use regulations and restrictions within the area which contributes water directly to the municipal water supply, so as to promote public health, safety and welfare in the Village and to minimize public costs. The boundaries of each WHPA are shown in the "Wellhead Protection Plan for the Village of Waterford Municipal Well No. 3," and in "Exhibit A — Wells No. 4 and 5 Wellhead Protection Area" to the "Wellhead Protection Plan for the Village of Waterford Municipal Wells No. 4 and No. 5" and shall be incorporated on the official Village of Waterford map.

(1)

The wellhead protection zone for Well No. 3 is described as that part of the Village of Waterford lying within the twelve-hundred-foot radius around Well No. 3.

(2)

The wellhead protection zones for Well Nos. 4 and 5 are delineated on "Exhibit A — Wells No. 4 and 5 Wellhead Protection Area" to the "Wellhead Protection Plan for the Village of Waterford Municipal Wells No. 4 and No. 5" and described as follows: that part of the Village of Waterford and Town of Waterford described as follows: from the NE corner of Section 36 T4N R19E, N 0-9-17 W 187.3 feet along said section line to the point of beginning. From the point of beginning, N 0-9-17 W, 1673.9 feet; hence N 51-26-13 W, 1656.82 feet; Hence S 87-52-2 W, 1563.09 feet; Hence S 42-42-34 W, 1311.64 feet; Hence S 0-16-26 E, 1961.38 feet; Hence S 44-27-28 E, 1214.5 feet; Hence N 87-44-28 E, 1821.43; Hence N 45 E, 1515.6 feet to the point of beginning. The area legally described herein which is located in the Town of Waterford shall be excluded herefrom and subject to an extraterritorial zoning ordinance regulating the uses within that area, but if that land is annexed to the Village of Waterford it shall be automatically covered by the regulations hereunder.

Permitted uses. Permitted uses within the WHPA are subject to the separation distance requirements set forth in Subsection G below, and the prohibition of uses, activities or structures designated in Subsection H below, and are also subject to the underlying zoning requirements, and include:

(1)

Public and private parks, provided there are no on-site wastewater disposal systems.

(2)

Playgrounds.

(3)

Wildlife areas and natural areas.

(4)

Trails such as biking, hiking, skiing, nature and fitness trails.

(5)

Residential which is municipally sewered.

(6)

Agricultural activities which are conducted in accordance with USDA-SCS Wisconsin Field Office Technical Guide Specification 590 nutrient management standards.

(7)

Commercial and institutional establishments which are municipally sewered.

[Amended 4-23-2007 by Ord. No. 513]

(8)

Industrial establishments which are municipally sewered.

Separation distance requirements. The following separation distances as specified in Wis. Admin. Code s. NR 811.16(4)(d) shall be maintained (and even though a separation distance is listed here, the used may be further regulated in Subsection H):

(1)

Between Well No. 3, 4 or 5 and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications: 50 feet.

(2)

Between Well No. 3, 4 or 5 and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residential fuel oil tank: 200 feet.

(3)

Between Well No. 3, 4 or 5 and a septic tank or soil adsorption unit receiving less than 8,000 gallons per day or a stormwater drainage pond: 400 feet.

(4)

Between Well No. 3, 4 or 5 and any gasoline or fuel oil storage tank installation that has received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10: 600 feet.

(5)

Between Well No. 3, 4 or 5 and land application of municipal, commercial or industrial waste; or industrial, commercial or municipal waste water storage structures: 1,000 feet.

(6)

Between Well No. 3, 4 or 5 and any post-consumer recycling facility engaged in solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities: 1,200 feet.

(7)

Separation distances listed in Wis. Admin. Code ch. NR 811.16(4)(d) but not listed in this subsection shall be applicable in the Village of Waterford, as those uses, activities or structures are also regulated in the WHPA.

Prohibited uses. The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply and costly mitigation or remediation for which liability is difficult or impossible to establish. The prohibited uses, activities or structures inside the WHPA include:

(1)

Above- and below-ground hydrocarbon or petroleum storage tanks that have not received written approval from the Department of Commerce or its designated agent under Wis. Admin. Code s. Comm 10.10.

(2)

Cemeteries.

(3)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(4)

Bulk coal storage.

(5)

Dry cleaners with on-site cleaning facilities.

(6)

Hazardous, toxic or radioactive materials transfer and storage under Title III or SARA planning.

(7)

Industrial lagoons and pits.

(8)

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

(9)

Manure storage or manure stacks or storage structures.

(10)

Nonmetallic earthen materials extraction or sand and gravel pits.

(11)

Bulk pesticide and bulk fertilizer transfer or storage.

(12)

Railroad yards and maintenance stations.

(13)

Rendering plants and slaughterhouses.

(14)

Bulk salt or bulk deicing material storage.

(15)

Salvage or junk yards.

(16)

Septage or sludge spreading, storage or treatment.

(17)

Septage, wastewater, or sewage lagoons.

(18)

Septic tanks, soil adsorption units, or any other private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.

(19)

Stockyards and feedlots.

(20)

Vehicular services stations, repair, renovation and body working (gasoline filling stations are allowed if they meet the separation distance requirements in Subsection G).

(21)

Wood preserving.

(22)

The boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code ch. NR 718 while that facility is in operation.

Requirements for existing facilities which may cause or threaten to cause environmental pollution. Existing facilities within the WHPA at the time of enactment of this section which may cause or threaten to cause environmental pollution include, but are not limited to, those which are named in the Wisconsin Department of Natural Resources current Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, or the Wisconsin Department of Commerce's list of underground storage tanks or list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection H, all of which are incorporated herein as if fully set forth.

(1)

Such facilities as above which exist within the WHPA at the time of enactment shall provide copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the Village.

(2)

Such facilities as above which exist within the WHPA at the time of enactment shall provide environmental or safety structures/monitoring to include an operational safety plan, hazardous material containment, best management practices, stormwater runoff management and groundwater monitoring.

(3)

Such facilities as above which exist within the WHPA at the time of enactment shall replace equipment, or expand on the site or property of record associated with the facility, in a manner that improves the environmental and safety technologies already being utilized.

(4)

Such facilities as above which exist within the WHPA at the time of enactment shall have the responsibility of devising, filing and maintaining, with the Village, a contingency plan which details how they intend to respond to any emergency which occurs at their facility, including notifying municipal, county and state officials.

(5)

Such facilities as above shall not engage in or employ a use, activity, or structure listed in Subsection H above which they did not engage in or employ at the time of the enactment of this section, and may only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment in a manner that improves the environmental and safety technologies already being utilized.

Changing technology.

(1)

The uses prohibited in the WHPA are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition from such use, after conferring with the Department of Natural Resources, or other expert opinion, and after appropriate public notice and hearing, the Village, through appropriate procedures and actions to change these provisions of the Municipal Code, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

(2)

In dealing with uses which attempt to become permissible, under the terms of the WHPA, by continuing to use pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

Enforcement, violation and penalty. All general and zoning enforcement, violation and penalty provisions set forth in the Municipal Code apply to the enforcement of the provisions of this section. In addition the following provisions apply:

(1)

In the event any person, partnership, corporation, or other legal entity (hereinafter "person") that owns or operates a "facility" as defined in Subsection I (Requirements for existing facilities which may cause or threaten to cause environmental pollution), and that person/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with the WHPA, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.

(2)

The person/facility shall be responsible for all costs for cleanup, Village consultant or outside contractor fees, fees at the invoice amount plus administrative costs for oversight, review and documentation, plus the following:

(a)

The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, worker's compensation, holidays, overtime, vacation, and similar benefits.

(b)

The cost of Village equipment employed in the cleanup.

(c)

The cost of mileage incurred on Village vehicles used in any activity related to the cleanup, or of mileage fees reimbursed to Village employees attributed to the cleanup.

(d)

See also Chapter 137, Hazardous Materials, of this Municipal Code.

§ 245-26 Municipal Campus District.

[Added 2-14-2000 by Ord. No. 388; amended 1-9-2017 by Ord. No. 648; 8-13-2018 by Ord. No. 658]

There shall be a Municipal Campus District with the following regulations:

(1)

Area requirements. There are no required lot area and width, front, side, rear, or shoreline, yard, parking, or vision clearance triangle regulations in the Municipal Campus District. No building or part of a building may exceed 45 feet in height. More than one building may be placed on a lot.

(2)

Application for use; site plan. All uses and site plans shall be reviewed and approved by the Plan Commission, and the Commission may grant approval. The applicant shall submit a site plan and an operational plan, which shall address the following:

(a)

Type of structure(s), whether permanent or temporary, proposed use of the structure(s), number of employees.

(b)

Plat of survey or site plan showing the location, dimensions, uses and size of the subject site, existing and proposed structures, existing and proposed easements, streets and other public ways, off-street parking, loading areas and driveways, existing and proposed street, side and rear yards and shoreline setbacks, soil mapping unit lines, types and slopes, ground surface elevations, vision clearance.

(c)

Existing and proposed landscaping and lighting.

(d)

Location of all temporary and permanent signage.

(3)

Review and approval. The Village Plan Commission shall conduct a review, including, but not limited to, the site, existing and proposed structures, neighboring uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. The rules and directives established by the Plan Commission for the site shall designate requirements for those items if necessary.

Permitted, conditional and accessory uses. In the Municipal Campus District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-26.1 Institutional District.

[Added 4-23-2007 by Ord. No. 513; amended 3-13-2017 by Ord. No. 650; 8-13-2018 by Ord. No. 658]

Minimum area requirements.

(1)

Lot width: 100 feet at the front setback line.

(2)

Lot area: 10,890 square feet.

(3)

Street setback: 25 feet.

(4)

Side yards: 10 feet per side.

(5)

Rear setback: 25 feet.

(6)

Shoreline setbacks. In every instance where an institutional district abuts shoreline, no structure or part of a structure may be built within 40 feet of the ordinary high water mark.

(7)

Height: Maximum 45 feet.

(8)

Exceptions to area requirements.

(a)

(b)

Structures in existence on April 23, 2007, that do not meet the minimum lot sizes, setbacks or yard requirements of this section shall not be required to conform to the minimum area requirements (i.e., setbacks or yard requirements) of this section. Subsequent additions to or reconstruction of said existing structures will be permitted if the addition or reconstruction does not decrease the nonconforming setback and/or yards existing on the date of adoption of this section.

(9)

Auto parking. See § 245-15.

(10)

Vision clearance triangle. See § 245-13H.

Permitted, conditional and accessory uses. In the Institutional District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

§ 245-26.2 B-3 Downtown District.

[Added 8-13-2018 by Ord. No. 658]

There shall be a B-3 Downtown District, which shall be a business mixed-use district and consist of all of that land within the Village identified on the Zoning Map.

Purpose. It is recognized that lands laid out and buildings erected prior to the enactment of subdivision and zoning ordinances in the Village, while their existing uses and lot sizes are grandfathered, may contain buildings which, because of their history or architecture, may be suitable for purposes falling outside of typical single-use districts. In addition, the improvements existing in this area rarely conform to current, modern setbacks or yard area requirements, and the enforcement of these requirements may not preserve the character of the area. This district is designed to recognize and enhance the viability of the Village Center by allowing and encouraging retail, mixed-use and civic uses that are compatible with the scale and character of the Village Center. The goals of this district are:

(1)

Maintain and enhance the downtown as one of the predominant activity center and community gathering place for the Village and the surrounding region.

(2)

Promote and enhance the downtown's vitality and cultural character by enhancing day and night activity, providing and maintaining public spaces, and requiring pedestrian-oriented design.

(3)

Protect the significant historical resources in the downtown and encourage their renovation or adaptive reuse to commercial structures.

(4)

Increase high-quality employment, retail, and diverse mixed-use and commercial housing opportunities in the downtown area.

Area requirements.

(1)

Minimum lot width: Zero, unless necessary to meet the applicable Building Code.

(2)

Minimum lot area: None, provided that there is sufficient area to satisfy the off-street parking requirements set forth in § 245-15.

(3)

Street setback:

(a)

All new buildings must be constructed to a zero lot line setback from the street.

(b)

Buildings in existence on the date of the passage of this section (July 23, 2018) that do not conform to the zero lot line setback are considered legal nonconforming structures (see § 245-10F). Additions to and expansions of existing buildings should conform to the required setbacks for new buildings whenever possible.

(4)

Side yards: Zero, unless necessary to meet the applicable Building Code.

(5)

Rear setback: There is no required rear setback, except as follows:

(a)

There must be a rear setback when necessary to meet the applicable Building Code.

(b)

There must be sufficient area to satisfy the off-street parking requirements set forth in § 245-15.

(6)

Shoreline setbacks. In every instance where a lot abuts shoreline, there shall be a forty-foot setback from the shoreline at its ordinary high water mark.

(7)

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

(8)

Auto parking. See § 245-15, except as follows:

(a)

Notwithstanding the provisions of § 245-15N(1), use of on-street or the municipal parking lots may not be counted as meeting the required number of parking stalls for any building constructed after the effective date of this section unless a payment in lieu of parking has been assessed against the building and is paid.

(b)

All newly constructed parking lots shall be constructed to the rear of or underneath buildings.

(9)

Vision clearance triangle. See § 245-13H.

Permitted, conditional and accessory uses.

(1)

Residential uses in existence in the Downtown District on the effective date of this section are legal nonconforming uses (see § 245-10F). No new purely residential use is allowed. All new residential uses shall be either in a mixed-use building, or shall only allow residential use for short-term rentals.

(2)

An existing residential use may be converted to a mixed-use (commercial and residential) building or a purely commercial building. Once converted, the building may not be converted back to purely residential use.

(3)

No more than 50% of the ground floor of a new structure or a structure converted to a business use may contain a residential use.

(4)

In the Downtown District, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except as set forth in Appendix A, Table of Land Uses.[1]

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Design guidelines and permit requirements and procedures. The design standards set forth in the publication titled "Design Guidelines: Waterford Heritage Overlay District," as may be amended from time to time by resolution of the Village Board, adopted in § 245-27E, shall be fully applicable in this district, provided that the regulations set forth in this section shall be applied and shall override any conflicting provision of the guidelines. The Heritage District Design Committee shall have the same powers, duties, and procedures in this district as are set forth in § 245-27F. The Zoning Administrator may deny any application that he or she determines to be out of compliance with the standards set forth in § 245-27F.

Penalties.

(1)

In every instance where work commences upon a project subject to this section, prior to the Heritage District permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this section.

(2)

It shall be unlawful to use or improve any structure or land in violation of any of the provisions of the section. In addition to penalties imposed under Chapter 1, Article II, of this Code, the Village of Waterford may institute appropriate action to enjoin a violation of this section or to cause any structure so constructed or altered to be vacated, removed, or altered.

§ 245-27 Waterford Heritage Overlay District.

[Added 10-13-2003 by Ord. No. 439; amended 1-24-2005 by Ord. No. 471; 1-23-2006 by Ord. No. 489; 6-11-2012 by Ord. No. 589; 9-24-2012 by Ord. No. 593; 11-11-2013 by Ord. No. 610; 9-25-2017 by Ord. No. 640]

There shall be a Waterford Heritage Overlay District, which shall consist of properties generally lying between Center Street on the west, Weber Street on the south, the Racine County Bicycle Trail/Seven Waters Bike Trail on the east and Rockrohr Court on the north, as specifically shown on the map attached hereto as Exhibit A and incorporated herein.[1] Streets in the district begin at the middle of the intersection.

Purpose.

(1)

Area and usage. It is recognized that lands laid out and buildings erected prior to the enactment of Subdivision and Zoning Ordinances in the Village, while their existing uses and lot sizes are grandfathered, may contain buildings which, because of their history or architecture, may be suitable for purposes falling outside of existing allowed uses. In addition, the improvements existing in this area rarely conform to current, modern setbacks or yard area requirements, and the enforcement of these requirements may not preserve the character of the area. This zoning classification is intended to allow flexibility in allowing the use and, for certain uses, the site plan of a property which may not precisely conform to the uses and site layouts permitted in the underlying district, but which, because of the lot layout, building history or architecture, or other valid reason, may be suitable for an alternate use or site plan layout.

(2)

Visual and aesthetic character. The Village wishes to protect, enhance and preserve the improvements in the original downtown and in the surrounding areas that transition to the downtown. Doing so fosters civic pride, stabilizes and improves property values, enhances the visual and aesthetic character of the Village, protects and enhances the attraction to residents and visitors, and supports and stimulates business.

Uses.

(1)

Permitted use. All uses allowed in the underlying district are allowed in the Waterford Heritage Overlay District. The following uses are also allowed; provided, however, that such use shall not interfere with or be detrimental to the uses in the underlying district or a neighboring use.

(a)

Bed-and-breakfast establishments as home occupations which provide not more than two bedrooms for rent with a maximum occupancy of four guests at any one time.

(b)

Temporary seasonal gift or antique shop use of the property for not more than four days at any one time and not more than eight days of such use in any twelve-month period.

(c)

Hybrid uses. In an area where the underlying zoning is Business and Commercial District, but the building was originally constructed for another use, a part of the premises may be used in conformance with the building's original use. In the event that the entire premises is to be used for the original or any other use that is not in conformance with the Business and Commercial District zoning, the owner shall apply for a zoning amendment to change the underlying use.

[Amended 8-13-2018 by Ord. No. 658]

(2)

Area, height, side yard, setback, rear yard, lot area per family, and auto parking. Except as they may be modified for certain uses pursuant to Subsection D of this section, or certain setback or yard requirements that must be met pursuant to the Design Guidelines adopted in Subsection E of this section, the area, height, side yard, setback, rear yard, lot area per family, and auto parking requirements shall be as set forth in the underlying district.

Modification of Zoning Code requirements for school, municipal or institutional uses. For school, municipal, or institutional uses, the area, height, side yard, setback, rear yard, lot area per family, vision clearance triangle, parking and/or other area-type zoning requirements for a lot or site located within the overlay district may be modified under the following conditions. A use may not be authorized by a zoning modification permit.

(1)

Application for zoning modification permit. An application for a zoning modification permit shall be made to the Village Plan Commission and shall include the following where pertinent and necessary for proper review by the Village Plan Commission. The applicant shall submit the number of copies and attachments required by the Clerk.

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and the property owners of record of all lands extending 100 feet immediately abutting or lying opposite of the subject site.

(b)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operator or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(c)

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the Village Plan Commission, showing the location, property boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards.

(d)

In addition, the plat of survey shall show the allocation, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines, types and slopes, ground surface elevations; and existing and proposed landscaping.

(e)

Additional information, as may be required by the Village Board, Village Plan Commission, or Village Engineer.

(f)

Conditions such as landscaping, type of construction, construction commencement and completion dates, sureties, lighting.

(g)

A detailed list of the zoning modifications sought.

(2)

Fees. Every applicant for zoning modification permit shall pay to the Clerk of the Village of Waterford a fee in an amount set by the Village Board specifically as and for the zoning modification permit application process, which fee shall assist the Village in covering the cost of investigation, administration, publication, and hearing. This fee shall be paid at the time of application and shall be retained by the Village regardless of the outcome on the application. This fee shall be in addition to any and all required permit fees within the various building codes of the Village of Waterford.

(3)

Public hearing. Upon application for a zoning modification permit, the Village Clerk shall establish a date for public hearing before the Plan Commission of the Village of Waterford, shall mail notice to the abutting property owners as listed in the application of the applicant, and shall publish the notice as a Class 2 notice.

(4)

The Village Plan Commission shall conduct a review, including, but not limited to, the site, existing and proposed structures, conformance with required Design Guidelines, neighboring uses, parking areas, driveway location, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. Upon review and a public hearing by the Plan Commission, and its consideration of the following criteria, the Plan Commission shall make a recommendation regarding the issuance of the permit, and shall forward its recommendation to the Village Board. The criteria to be considered are:

(a)

The determination as to whether the modification proposed is hazardous, harmful, or offensive, within the neighborhood or locale where proposed;

(b)

Whether the modification proposed is adverse to the environment;

(c)

Whether the modification proposed adversely affects the property value, the aesthetics, or the general well-being of the neighborhood where proposed; and

(d)

Whether the modification proposed presents safety or other issues that cannot be resolved.

(5)

Village Board consideration. The Village Board shall review the proposed modification and the recommendation of the Village Plan Commission, and shall determine whether to issue, issue with conditions, or deny the zoning modification permit. If written objection to the modification by is received from 20% or more of the property owners of record of all lands extending 100 feet immediately abutting or lying opposite of the subject site, the Village Board shall not issue said permit except by the favorable vote of 3/4 of the members of the Village Board.

(6)

Appeals. Appeals from the decision of the Village Board shall be made to the Board of Appeals pursuant to § 245-54 of this Municipal Code, and the Board of Appeals shall have the power to hear and decide such matters.

(7)

Penalties.

(a)

In every instance where work commences upon a project subject to this section, prior to the zoning modification permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this section.

(b)

Design guidelines.

(1)

Guidelines adopted. The design standards set forth in the publication titled "Design Guidelines: Waterford Heritage Overlay District," as may be amended from time to time by resolution of the Village Board, are adopted by the Village of Waterford, are available at the Village Hall, and are published on the Village of Waterford website. These guidelines, which may be referred to as the Heritage District Guidelines, shall be used by the Village, the Plan Commission and the Heritage District Design Committee as design standards for properties located within non-residentially zoned areas lying within the Waterford Heritage Overlay District.

(2)

Purpose of Design Guidelines. The Heritage District Guidelines are intended to improve and protect the appearance, value, and function of the downtown and the surrounding properties in the Waterford Heritage Overlay District by providing a welcoming atmosphere for area residents and visitors. The Guidelines allow for creativity and variety within a framework of basic design parameters that reinforce the best attributes of the historic downtown and its surrounding area.

(3)

Limitation on structural or appearance changes and new construction; permit required.

(a)

Except as set forth in Subsection E(3)(b), there shall be no alteration in the architectural appearance or appearance of any structure, parking lot or open space area, or construction of any structure or parking lot, within the Waterford Heritage Overlay District without the approval of plans for the alteration or construction as set forth in this section and § 245-27F. All alterations and construction shall be made in conformance with the Heritage District Guidelines as adopted in this section. For the purposes of this section, alterations shall include any exterior change (including painting), addition to, or demolition of all or any part of the exterior of a structure.

(b)

Exceptions.

[1]

Subsection E(3)(a) shall not be applicable in areas within the Waterford Heritage Overlay District where the underlying zoning is residential.

[2]

Except for paint colors, and siding colors and materials, modifications to the rear walls and rear yards of single- and two-family residential buildings that are used strictly for residential purposes are not subject to review or permit requirements under Subsection E(3)(a) if those modifications cannot be readily seen from the street.

(4)

Mandatory requirements.

(a)

Heritage District Guidelines that use the words "shall," "must," "no more than," "prohibited," or other commands are requirements that must be met to obtain approval of proposed alterations or construction. All other guidelines are suggestions. Applicants that do not believe they can or should follow a required guideline may request that their application be directed to the Plan Commission after review by the Heritage District Design Committee and Zoning Administrator.

(b)

The requirements for a Heritage District Permit are in addition to all other permits required.

(c)

Signs, including exterior window signs, in the Heritage Overlay District, shall require sign permits as set forth in Article VI of this chapter, as well as Heritage District permits; provided, however, that a sign permit application shall also serve as the application for a Heritage District permit, and the separate application and information required under § 245-27E(5)(a) is not required for signs. The application for a sign permit for a permanent sign shall be reviewed by the Zoning Administrator. The Zoning Administrator may request a determination from the Heritage District Design Committee as set forth in this section for review and approval. Applications for temporary signs do not require Zoning Administrator Review, but must meet the requirements set forth in the Heritage District Design Guidelines.

(5)

Procedure.

(a)

Application for Heritage District permit. An application for a Heritage District permit shall be made to the Village Zoning Administrator and shall include the following where pertinent and necessary for proper review:

[1]

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

[2]

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operator or use of the structure or site; number of employees; and the underlying zoning district within which the subject site lies.

[3]

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale, showing the location, property boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. The plat of survey shall show the allocation, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; and existing and proposed landscaping.

[4]

Details that include, where applicable, how the design will comply with each of the following sections of the Heritage District Guidelines: Pattern & Rhythm; Building Proportion; Building Setbacks; Building Height & Width; Segmentation of Building Facades; Facade Elements; Window & Door Openings; Materials; Color; Signage; Awnings; On-Site Parking; Open Space; Sustainability; and other information as may be required by the Zoning Administrator, the Heritage District Design Committee, and/or Plan Commission.

[5]

A historic photograph of the building, if available. If the applicant does not have a historic photograph, the applicant is required to check with the Waterford Public Library, which has an online catalogue of historic photographs.

[6]

An artist's rendering of the proposed improvements. Artist's renderings may be available from Absolutely Waterford, Inc., and if not available, the applicant must submit a sketch of the proposed improvements on a current photograph of the building, showing where the colors will be used, where the signs will be hung, what awnings would cover, etc.

[7]

Conditions such as landscaping, type of construction, construction commencement and completion dates, and lighting.

(b)

Fees. Every applicant for Heritage District permit shall pay to the Clerk of the Village of Waterford a fee in an amount set by the Village Board specifically as and for the permit application process, which fee shall assist the Village in covering the cost of investigation and administration. This fee shall be paid at the time of application and shall be retained by the Village regardless of the outcome on the application. This fee shall be in addition to any and all required permit fees within the various codes of the Village of Waterford and State of Wisconsin.

(c)

Review.

[1]

As used in this section, the following terms shall have the meanings indicated:

MAJOR ALTERATION

A significant change in the exterior structure or architectural appearance of a building or land, including but not limited to, any change in the exterior color of the building, trim or roof; a change in the roof pitch or structure; a change in a window or door shape, size or location; or an addition to, or demolition of, any part or all of the exterior of a structure.

MAJOR APPLICATION

An application for review of all new construction and for major alterations.

MINOR ALTERATION

A change in the exterior of a structure or land including but not limited to, reroofing with no change to the structure or color of the roof; window replacement without a change in the shape or location of the window; or the replacement of fixtures such as air conditioners.

MINOR APPLICATION

An application for review of new or revised permanent signage or exterior lighting, and minor alterations.

[2]

The Zoning Administrator shall conduct a brief review of the application, and shall determine whether the application includes new construction, a major alteration, signage, or a minor alteration, and whether it appears to be complete. In the event that it is incomplete, the Zoning Administrator shall return it to the applicant. When complete, the Zoning Administrator shall label the application as a major or minor application.

[3]

The Zoning Administrator shall refer all major applications to the Heritage District Design Committee for review. The Committee shall proceed pursuant to § 245-27F. The Zoning Administrator shall review all minor applications, and may enlist the aid of Village Staff in determining whether the proposed design meets the Heritage District Guidelines. If the proposed design clearly meets the Guidelines, the Zoning Administrator may issue the permit; provided, however, that the Zoning Administrator may refer the application to the Heritage District Design Committee for review in the Zoning Administrator's sole discretion. In the event that the application is referred to the Heritage District Design Committee, the Village will require the applicant to submit copies of the items listed in this section in the amount required on the application, and the Committee shall proceed pursuant to § 245-27F.

[4]

If, after review of the application by the Heritage District Design Committee, the application is referred to the Plan Commission, the Plan Commission shall conduct a review for conformance with the Design Guidelines, and shall consider the recommendations of the Heritage District Design Committee. After review, the Plan Commission shall direct the Zoning Administrator to issue or deny a permit. If the permit is denied, the applicant may appeal the decision to, or apply for a variance from, the Board of Appeals.

[5]

Appeals. Appeals from the decision of the Plan Commission, or application for a variance, shall be made to the Board of Appeals pursuant to § 245-54 of this Municipal Code, and the Board of Appeals shall have the power to hear and decide such matters. In making its determination for a variance, the Board of Appeals, in addition to the requirements set forth in § 245-54, shall consider the following:

[a]

No variance shall be permitted that would tend to destroy or seriously impair the particular character and quality of the Waterford Heritage Overlay District. No change or alteration (including painting) of a structure or site shall be permitted which destroys, seriously impairs, or significantly alters its character in terms of its historical or architectural interest.

[b]

No variance shall be permitted if doing so would diverge from the purpose of the Guidelines as set forth in § 245-27E(2).

[c]

In order to obtain a variance, the applicant shall be required to show good cause for the variance, which shall include, but not be limited to, a showing that the required design feature cannot be met on the site; the requirement would create undue hardship for the applicant as compared to other properties in the district, or the intent of the Guidelines can be successfully met with an alternative design.

(6)

Government order for emergencies. Nothing contained in this chapter shall prohibit the making of necessary construction, reconstruction, alteration, or demolition of any improvement in the Heritage Overlay District pursuant to the order of any governmental agency or pursuant to any court judgment for remedying emergency conditions determined to be dangerous to life, health, or property. In such emergency cases only, no Heritage District design approval shall be required.

Heritage District Design Committee.

(1)

Purpose. The Heritage District Design Committee (HDDC) is intended to safeguard the Village's Heritage Overlay District and carry out the purpose of the Design Guidelines adopted in § 245-27E. By doing so, the HDDC will stabilize and improve property values, promote civic pride in the beauty of the Heritage Overlay District, protect and enhance the Village for its residents, tourists and visitors and general welfare, and strengthen the economy of the Village.

(2)

Membership; terms; officers; vacancies.

(a)

Membership and terms. The Heritage District Design Committee shall consist of seven or eight voting members appointed by the Village President for one-year terms at the first meeting in May each year, subject to confirmation by the Village Board. Memberships shall consist of the following:

[1]

Two members of the Absolutely Waterford Design Committee;

[2]

One member of the Absolutely Waterford Economic Restructuring Committee;

[3]

An owner of a building located in the Heritage Overlay District;

[4]

An owner of a business located in the Heritage Overlay District;

[5]

A Realtor, banker, architect or similar professional;

[6]

A member of the Plan Commission, and if the Plan Commission member is not a Village Trustee, a Village Trustee shall also be a member;

[7]

The Building Inspector, who shall be an ex officio, nonvoting member.

(b)

Chairperson. The Village President shall appoint the Chairperson.

(c)

Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(3)

Meetings; minutes; quorum.

(a)

Meetings. Regular meetings shall be held once per month, as necessary. Special meetings may be held at the call of the Chairperson of the Heritage District Design Committee or when requested by the Village Board or Plan Commission. Meetings shall be open to the public.

(b)

Minutes. Minutes shall be kept showing all actions taken and shall be a public record. The grounds for every decision shall be stated in the minutes.

(c)

Quorum. Quorum shall be four members when there are seven voting members, and five members when there are eight voting members, and all actions shall require the concurring vote of a majority of the members present.

(4)

Powers. Except as set forth in § 245-27E(3)(b), the Heritage District Design Committee shall have the power to review applications for permits for construction, reconstruction, and exterior alteration of all properties in the Heritage Overlay District. Except as set forth in § 245-27E(3)(b), no permit shall be issued to any owner or person in charge of a structure or site within the Heritage Overlay District, and no owner of a such a structure or site shall reconstruct or alter all or any part of the exterior of such property, construct any improvement upon such designated property, or cause or permit any such work to be performed upon such property (including the placement of permanent exterior signage), unless a Heritage District permit has been granted.

(5)

Procedures. Applications for a Heritage District permit shall be filed with the Zoning Administrator in conformance with § 245-27E(5).

(a)

Minor application. All minor applications referred to the Heritage District Design Committee by the Zoning Administrator shall, within 60 days of submission of the application, be reviewed by the Heritage District Design Committee based upon whether the proposed construction, reconstruction, or exterior alteration conforms to the objectives and design criteria of the Design Guidelines duly adopted by the Village, and the Committee shall:

[1]

Direct the Zoning Administrator to issue the Heritage District permit;

[2]

Direct the Zoning Administrator to issue the Heritage District permit with conditions;

[3]

Reject the request for a Heritage District permit; or

[4]

Recommend that the matter be reviewed by the Plan Commission and state the reasons for the referral.

[5]

In the event that an applicant has requested Plan Commission review because the applicant does not believe that it can or should follow a required guideline, the Heritage District Design Committee shall attach its recommendations regarding the request to its referral to the Plan Commission.

(b)

Major application. In the case of a major application, within 60 days of submission of the application, the Heritage District Design Committee shall review the application based upon whether the proposed construction, reconstruction, or exterior alteration conforms to the objectives and design criteria of the Design Guidelines duly adopted by the Village. If the major application is solely for a color change, the Committee shall proceed pursuant to Subsection E(5)(a) above. For all other major applications, the Committee shall forward its recommendation to the Plan Commission for a final determination regarding the Heritage District Permit. The Heritage District Design Committee shall:

[1]

Recommend to the Plan Commission that it grant approval of the Heritage District permit;

[2]

Recommend to the Plan Commission that it approve the Heritage District permit with conditions;

[3]

Recommend to the Plan Commission that it reject the request for a Heritage District permit; or

[4]

Recommend to the Plan Commission that it require changes to the planned construction, reconstruction, or exterior alteration, and state the reasons therefor.

(6)

Other duties. The Heritage District Design Committee shall make recommendations to the Village's Board of Appeals on all appeals and applications to the Board of Appeals regarding errors, variances, and interpretations relating to the Heritage Overlay District. Said recommendation to the Board of Appeals shall be made by the Heritage District Design Committee within 30 days of such request. The Committee shall perform such other tasks as may be assigned by the Village Board or Village Plan Commission.

Penalties.

(1)

In every instance where work commences upon a project subject to this section, prior to the Heritage District Permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this section.

(2)

[1]

Editor's Note: The map of the Waterford Heritage Overlay District is on file in the Village offices.

§ 245-27.1 Industrial Park Overlay District.

[Added 1-10-2011 by Ord. No. 557]

There shall be an Industrial Park Overlay District in the Village, which shall consist of the land known as the Village of Waterford Industrial Park, as shown on the attached map.[1]

Purpose. The Village of Waterford Industrial Park was developed in 1968 to accommodate the needs of industry in the Village while at the same time providing a clean and attractive area in which the buildings and land are well-maintained and land values are preserved. This zoning overlay district classification is intended to continue to preserve and protect the beauty of the Village and stabilize and protect the property values by regulations that meet the original intent of the creation and continuation of the Industrial Park.

Uses. All uses allowed in the underlying district are allowed in the Industrial Park Overlay District.

Height, area, yards and parking. Except as they may be modified in this section, the area, height and auto parking requirements shall be as set forth in the underlying zoning district.

(1)

Front yard setback. No building or part of a building may be constructed nearer than 40 feet from the street right-of-way.

(2)

Side yard setback. No building or part of a building may be constructed nearer than 12 feet from the lot line, and the combined total of side yards for interior lots shall be not less than 30 feet.

(3)

Rear yard setback. No building or part of a building may be constructed nearer than 25 feet from the lot line.

(4)

Additional yard restrictions.

(a)

Yards are to be landscaped, or graded, sodded or seeded in a manner that will produce an acceptable lawn. The landscaping and lawn shall be maintained.

(b)

Use of yards for storage or display.

[1]

In this section, storage is defined as the keeping of a quantity or supply of the businesses' goods, materials, or equipment placed or kept on the property for use by the business, or the keeping of property of others, including vehicles, as part of a business. Vehicles normally used by the business as a part of the business enterprise are not considered stored on the property if the parking location is approved by the Plan Commission. The location of parking for business vehicles shall be identified as part of the conditional use permit approval.

[2]

Stockpiles, soil and other loose material stored on lots shall be placed in side yards or rear yards, as those terms are defined in § 245-9 and illustrated in § 245-13.1, and may not be stored for a period longer than 30 days unless screened from view from the street with solid fencing or screening approved by the Plan Commission. No material kept on a lot shall be allowed to wash off of the lot or otherwise encroach on other lots or public land or rights-of-way. In the event that material is washed off a lot or encroaches on other lots or public lands or rights of way, the owner of the lot shall be responsible for removal of the material within 48 hours of its discovery. In the event that the owner fails to remove the material within 48 hours, the Village may remove the material and charge the owner as a special charge pursuant to Wis. Stats. § 66.0627 in addition to all other penalties provided in this chapter.

[3]

All material or products stored outside of buildings must be placed in side yards or rear yards, as those terms are defined in § 245-9 and illustrated in § 245-13.1, and must be screened from view from the street with solid fencing or screening that is approved by the Plan Commission that is at least six feet in height. Fences shall not exceed the height set forth in § 245-14C of this Municipal Code.

[4]

All boats, vehicles, recreational vehicles, snowmobiles and similar items parked on lots for the purpose of storage shall be placed in side yards or rear yards, as those terms are defined in § 245-9 and illustrated in § 245-13.1, on parking areas that shall be paved as required in Subsection C(6), or shall be stored indoors.

[5]

Maintenance of fencing and screening. Fencing and screening must be kept maintained, and if damaged, deteriorated, or in need of replacement or painting, shall be repaired, replaced or painted as necessary.

[6]

Refuse. All refuse must be placed or enclosed behind a solid fence at least six feet in height, or, if placed within 20 feet of a structure, in a masonry enclosure pursuant to § 186-2 of this Municipal Code. This subsection shall not apply to refuse placed in roll-off containers located in a side or rear yard and placed at least 20 feet from a structure.

[7]

Display of materials for sale, rent or lease. No materials for sale, rent or lease may be placed within any street setback area, i.e., 40 feet from the front lot line and 73 feet from the center line of adjacent streets. All such materials, if placed in any yard, shall be removed from the yard at the close of the business each day.

[8]

Outdoor storage of vehicles, equipment, recreational vehicles, boats, snowmobiles and similar items not used as part of a business, or not stored by a storage business, is prohibited.

(5)

Parking. Parking and storage of company vehicles, trucks or equipment is prohibited in the side and front yards; provided, however, that the Plan Commission may allow parking of company vehicles in any yard as part of the conditional use permit review under § 245-16 of this chapter if site conditions necessitate a deviation from this standard.

(6)

Driveways, walks and parking areas.

(a)

Surfacing. All driveways, walks and parking areas shall be surfaced with asphalt or concrete from the street surface to the front building face. Every drive and parking area installed behind the front building face after April 14, 1997, or on a lot for which a building, zoning or conditional use permit is applied for after April 14, 1997, shall be surfaced with asphalt or concrete in accordance with § 245-15D of this chapter. This subsection shall not apply to parking areas in side or rear yards for vehicles classified as commercial vehicles by the Wisconsin Department of Motor Vehicles and requiring a commercial driver's license to operate, including those that weigh over 26,000 pounds, determined by the highest of the following weights: manufacturer's gross vehicle weight rating (GVWR), manufacturer's gross combination weight rating (GCWR), actual weight, or registered weight, or which are designed or used to carry 16 or more persons including the driver.

(b)

Maintenance. All drives, walks and parking areas shall be maintained.

[1]

Asphalt surfaces. When more than 25% of any asphalt surface has alligator cracking (at least two inches deep), severe distortion or rutting, potholes, or patches in poor condition, it shall be repaired or replaced.

[2]

Concrete surfaces. When more than 25% of any concrete surface has failed patches, closely spaced transverse cracks, extensive joint failure, or severe deterioration, it shall be repaired or replaced.

[3]

In determining whether to enforce this subsection for paved surfaces, the Village will utilize the Pavement Surface Evaluation and Rating System (PASER) developed by the University of Wisconsin Transportation Information Center. If the Village Engineer rates the paved surface as 2, Very Poor, the Zoning Administrator shall issue an order to the property owner to repair or replace the surface.

[4]

Unsurfaced parking areas. Gravel parking areas shall be maintained in an erosion free condition and shall be properly drained.

Signs and advertising. Signs shall conform to the requirements of Article VI of this chapter.

[Amended 11-14-2011 by Ord. No. 582]

Burning. Notwithstanding the provisions of Chapter 100 of this Municipal Code, for the purpose of public safety, no open burning of any nature is allowed in the district.

[1]

Editor's Note: Said map is on file in the Village offices.

§ 245-27.2 Summary.

[Added 8-13-2018 by Ord. No. 658]

Table 245-27.2 summarizes the basic zoning area requirements set forth in this article, as follows:

Village of Waterford Zoning Code
Table 245-27.2 Basic Zoning Area Requirements
			Minimum Yard/Setbacks from Property Line			Max Building Height
Zoning District	Area (square feet)	Lot Width at Setback (feet)	Front (feet)	Each Side (feet)	Rear (feet)	(feet, to top of roof)
§ 245-18A Single Family (R-1)	6,500	60	25	10, 5 with recorded agreement between abutting property owners	25	35
§ 245-19A Two Family (R-2)	10,890	80	25	10 feet	25	35
§ 245-20 Multiple Family (R-3)	10,890	80	25	10 feet	25	45
§ 245-21 Business and Commercial (B-2)	0	0	0	Business and Mixed Use, unless required by Building Code	25	45
§ 245-22 Business and Industrial (B-1)	0	0	0	10 if provided	25	45
§ 245-26 Municipal Campus (MC)	0	0	0	0	0	45
§ 245-26.1 Institutional (INST)	10,890	100	25	25	25	45
§ 245-27 Downtown District (B-3)	0	0	Zero lot line setback is required for new buildings	None, unless required to meet Building Code	0	45
If lot abuts shoreline: in any district			All shore yards must be at least 40 feet from structure. Setback averaging may apply in residential districts

These are the standard dimensions. See Article IV for permissible adjustments.

The requirements in Planned Community Development Districts may be adjusted during the approval process.

§ 245-27.3 RO Restaurant Overlay District.

[Added 3-11-2024 by Ord. No. 697]

Purpose. The purpose of the standards in this Section is to regulate the number, location and operation of various types of restaurants in order to maintain the Village's unique character, the vitality of the commercial districts, and the quality of life of Waterford's residents.

Definitions:

DRIVE-IN RESTAURANT

Means an eating place, whether a principal use or accessory use, which sells: (a) prepares food intended for consumption in vehicles that may or may not be parked on the site; or (b) provides for the ordering of food while the customers are seated in vehicles.

DRIVE-THROUGH RESTAURANT

In this section means a paved area serving as a queuing or staging area for motorist to receive food that they have ordered.

DRIVE-UP WINDOW RESTAURANT

In this section means a window opening to the outdoors designed to furnish food or beverages to motorists.

FAST FOOD RESTAURANT

Means an eating-place, whether a principal use or accessory use, selling food to be consumed on or off the site and (a) food is quickly made upon the customer's order or pre-made and wrapped before customers place orders, and/or (b) food is served with disposable tableware for on-site food consumption. A fast food restaurant also exhibits two or more of the following characteristics: food is ordered from a wall menu at a service counter; food consumed on the premises is ordered while customers are standing; payment is made by customers before food is consumed; the service counter is closer to an entry/exit than is the seating/dining area; the business interior is brightly illuminated (greater than eight candle foot power as measured in a horizontal plane three feet above the floor).

FORMULA RESTAURANT

Means an eating-place, whether a principal use or accessory use, that is one of a chain or group of three or more establishments and which satisfies at least two of the following three descriptions:

(1)

It has the same or similar name, brand, trade name, or trademark as others in the chain or group;

(2)

It offers any of the following characteristics in a style which is distinctive to and standardized among the chain or group: (a) Exterior design or architecture; (b) Uniforms, except that a personal identification or simple logo will not render the clothing a uniform; (c) Standardized menus, ingredients, food preparation or food presentation format which causes it to be substantially identical to another restaurant regardless of ownership or location.

(3)

It is a fast-food restaurant.

GENERAL RESTAURANT

Means an eating-place, whether a principal use or accessory use, selling a full line of prepared food and drinks using non-disposable plates, glasses and utensils for immediate consumption on the site. The business provides tables and chairs, table service, and is available to persons of all ages. The use shall not exhibit the characteristics of a drive-in, formula or fast-food establishment. Customers shall be provided with individual menus while seated at a table or counter. Food sold for consumption off the premises shall be incidental to the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed.

TAKE-OUT RESTAURANT

Means an eating place, whether a principal use or accessory use, selling ready-to eat, prepared snack food and full meals for immediate consumption off the site while patrons are walking or standing in the public right-of-way or are seated in vehicles.

WALK-UP WINDOW RESTAURANT

Means a window opening to the outdoors designed to furnish food or beverages to pedestrians.

Applicability. The regulations in this section shall apply as an overlay district for the B-3 Downtown Business District to all B-3 Downtown Business District Zoned properties with at least one lot line boundary on the Fox River. The only permissible use of B-3 Zoned properties that affront the Fox River properties, as described herein, shall be for a restaurant.

Permitted uses. A general restaurant whether a principal use or accessory use, shall be permitted subject to the following requirements.

(1)

Underlying district lot area and width; building height and area; setbacks; special standards and parking.

(2)

Site plan and architectural review and such others as apply.

Conditional uses. A fast food, drive-in or take-out restaurant whether a principal use or accessory use may be granted a conditional use permit subject to the following requirements.

(1)

Underlying district lot area and width; building height and area; setbacks; special standards and parking.

(2)

Site plan and architectural review.

(3)

Approval of the fast food, drive-in or take-out restaurant with or without a walk-up window - restaurant will contribute to a diverse and appropriate blend of businesses in the Village;

(4)

Approval of the fast food, drive-in or take-out restaurant will complement those businesses already in the Village and help promote and foster the local economic base as a whole.

(5)

The fast food, drive-in or take-out restaurant will be compatible with existing surrounding uses; has been designed and will be operated in a non-obtrusive manner to preserve the community's character and ambiance; and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites, including but not limited to the following:

(a)

The size of any individual fast food, drive-in or take-out restaurant shall not to exceed 2,500 square feet of gross floor area.

(b)

The street frontage of any individual fast food, drive-in or take-out restaurant shall not exceed 65 feet in width.

(c)

So long as the Planning Commission finds that establishing or relocating the fast food, drive-in or take-out restaurant will not increase the intensity of use on the site to a level that will adversely impact:

[1]

Land uses in the area;

[2]

Pedestrian or motor vehicle traffic; or

[3]

The public welfare.

(d)

There shall not be a substantial impact to the public safety from increased traffic. At the discretion of the Plan Commission, the applicant may be required to submit a traffic study, prepared by a Wisconsin registered professional engineer, approved by the Plan Commission.

(e)

There shall not be any impacts to the roadway or abutting properties from the loading area.

(f)

Approval of the fast food, drive-in or take-out restaurant will be consistent with the policies and standards of the Comprehensive Plan as approved and amended.

Excluded uses. The following uses are excluded from the overlay district.

(1)

Formula restaurants, drive-up window restaurants and drive-through restaurants, which are all prohibited.

(2)

(Reserved)

Change of occupancy or intensity of use. A change of occupancy, change of intensity of use, or a change in type of restaurant shall require Plan Commission review and approval. A change of business model shall not require Plan Commission review and approval unless the change is deemed significant by the Zoning Administrator. Change of ownership shall not, by itself, require Plan Commission approval unless there is a change of occupancy, change of intensity of use, change of business model or a change in type of restaurant. The regulations in this section shall be used by the Plan Commission in reviewing an application or an application for occupancy.

Existing restaurants and businesses. All B-3 Zoned restaurants and retail businesses with their respective business models in existence as of January 1, 2024, shall be considered "grandfathered non-conforming uses" if they do not meet any of the regulations in this section.