For the purpose of this chapter, the Village of Athens is hereby
divided into the following 16 zoning districts:
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R-1
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Single-Family Residential District (Low Density)
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R-2
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Single-Family Residential District (Medium Density)
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R-3
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Two-Family Residential District
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R-4
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Multiple-Family Residential District
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R-5
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Mobile Home Park Residential District
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R-6
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Residential Estate District
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C-1
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Conservancy District
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B-1
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General Commercial District
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B-2
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Highway Commercial District
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B-3
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Business Park District
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I-1
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Industrial District
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A-1
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Agricultural District
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PUD
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Planned Unit Development District
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WP
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Wellhead Protection Overlay District
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AEO
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Adult Entertainment Overlay District
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A.
Zoning Map. The boundaries of the districts enumerated in § 480-13 above are hereby established as shown on a map titled "Zoning Map, Village of Athens, Wisconsin," as amended, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk and shall be available to the public in the office of the Village Clerk.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits, United States Public Land Survey lines, lot or property lines,
center lines of streets, highways, alleys, easements and railroad
rights-of-way, or such lines extended unless otherwise noted on the
Zoning Map. Where the district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be lot lines,
and where the designations on the Zoning Map are approximately bounded
by lot lines, such lot line shall be construed to be the boundary
of the district.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations
with the Village subsequent to the effective date of this chapter
shall be placed in the A-1 Agricultural District unless the annexation
ordinance temporarily places the land in another district.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a low dwelling unit per acre density. The primary
emphasis of this district is new development areas.
B.
Permitted uses. The following uses of land are permitted in the R-1
District:
(1)
Single-family detached dwellings, served by public sewer, excluding
all mobile homes; for purposes of this chapter manufactured homes
are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Zoning Administrator and/or Village Engineer; the Zoning Administrator
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of three inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Athens.
(3)
One private garage with not more than three stalls for each residential parcel, per § 480-82 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Family day care, limited to eight children. Family day-care homes
shall be subject to state licensing requirements.
(8)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(5)
Churches and public buildings, except public buildings housing uses
incompatible with the characteristics of the district, such as sewage
systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics
of the district.
(7)
Parks and playgrounds.
(8)
Planned residential developments.
(9)
Golf courses and private clubs.
(10)
Nursery schools.
(11)
Single-family detached dwellings not served by public sewer,
excluding mobile homes; for purposes of this chapter, manufactured
homes are included in the definition of "single-family dwelling."
(12)
Cemeteries.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a medium dwelling unit per acre density. It particularly
reflects older neighborhoods in the Village.
B.
Permitted uses. The following uses of land are permitted in the R-2
District:
(1)
Single-family detached dwellings served by public sewer, excluding
all mobile homes; for purposes of this chapter manufactured homes
are included in the definition of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Zoning Administrator and/or Village Engineer; the Zoning Administrator
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of three inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Athens.
(3)
One private garage with not more than three stalls for each residential parcel, per § 480-82 specifications.
(4)
Accessory uses and buildings as follows:
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Family day care limited to eight children. Family day-care homes
shall be subject to state licensing requirements.
(8)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-1 District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Utilities (electric substations, telephone switching stations, gas
regulators, etc.).
(5)
Churches and public buildings, except public buildings housing uses
incompatible with the characteristics of the district, such as sewage
systems, incinerators and shops.
(6)
Public utility structures, except those incompatible with the characteristics
of the district.
(7)
Parks and playgrounds.
(8)
Planned residential developments.
(9)
Golf courses and private clubs.
(10)
Nursery schools.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of primarily two-family dwelling
units, particularly in new subdivisions and growth areas.
B.
Permitted uses.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Multiple-family dwellings.
(3)
Golf courses and private clubs.
(4)
Planned residential developments.
(5)
Lodge and fraternal buildings.
(6)
Nursing homes.
(7)
Nursery schools and day-care centers.
(8)
Retirement homes.
(9)
Utilities.
(10)
Schools and churches.
(11)
Government, cultural and public buildings or uses such as fire
and police stations, community centers, libraries, public emergency
shelters and museums.
(12)
Single-family homes.
(13)
Family day care, limited to eight children. Family day-care
homes shall be subject to state licensing requirements.
D.
Area, height and yard requirements.
A.
Purpose. The purpose of this district is to provide the opportunity
for construction and maintenance of multiple-family dwelling units
at varying dwelling unit per acre densities.
C.
Conditional uses.
(1)
Parks and playgrounds.
(2)
Professional home offices and home occupations.
(3)
Planned residential developments.
(4)
Golf courses and private clubs.
(5)
Barbering and beauty culture.
(6)
Utilities.
(7)
Schools and churches.
(8)
Government, cultural, and public uses such as fire and police stations,
community centers, libraries, public emergency shelters and museums.
(9)
Nursery schools.
(10)
Retirement homes.
(11)
Day-care centers (state licensed).
D.
Area, height and yard requirements.
E.
Other development regulations.
(1)
The recreation space ratio, defined as the minimum square footage
of recreation space required for each square foot of floor area, shall
be not less than 0.16. The floor area ratio, defined as the maximum
square footage of total floor area permitted for each foot of floor
area, shall be not more than 0.32. The open space ratio, defined as
the minimum square footage of open space required for each square
foot of floor area, shall be not less than two. The living space ratio,
defined as the minimum square footage of nonvehicular outdoor space
required for each square foot of floor area, shall be not less than
1.2.[1]
(2)
A site development plan, prepared in accordance with § 480-93 of this chapter, shall be submitted before a permit can be granted for any use in this district.
(3)
No outdoor storage of any material shall be permitted in this district
except within enclosed containers.
(4)
No lighting shall be permitted which would glare from this district
onto any street right-of-way or onto any adjacent property.
A.
Purpose.
(1)
The R-5 District is intended to aid in providing for the mobile home
needs of the community at a comparatively high density in areas that
have community services available. The district is established to
provide a regulatory framework designed to encourage and promote improved
environmental design and allow for greater flexibility in the establishment
and development of mobile home parks while ensuring substantial compliance
with the basic intent of the Zoning Code and the general plan for
community development. This district is further intended to encourage
rational and economic development with relationship to public services
and to encourage and facilitate the preservation of open spaces.
B.
Permitted uses. Land may be used for the location of mobile homes
and buildings or structures may be erected, altered, enlarged or used
for only one or more of the following purposes:
C.
Nonconforming use outside parks; replacement.
(1)
Mobile homes legally located and occupied on premises outside a licensed
mobile home park prior to the enactment of this section may be continued
in such location, provided that such use and occupancy are otherwise
in conformity with the applicable laws and regulations of the state
and Village. Such nonconforming use shall automatically terminate
upon a discontinuance for any reason for 12 consecutive months or
if the total structural repairs and alterations to the mobile home
exceed 50% of the net value.
(2)
Nothing herein shall prevent the owner of a mobile home under Subsection C(1) hereof from replacing the mobile home with a model of better physical condition, as determined by Village officials, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement, not at the date of manufacture of the replacement unit.
D.
Temporary placement. It shall be unlawful or any person to park,
store or locate any mobile home in the Village of Athens at any site
other than a licensed mobile home park complying with the requirements
of this district, except that the Village Board may authorize temporary
parking or storing of a mobile home outside of a mobile home park
until such time as a proper parking space is available in an authorized
mobile home park within the Village. At such time, the owner or occupant
of such mobile home shall relocate the mobile home to the mobile home
park within 120 days. Persons temporarily locating a mobile home outside
of a mobile home park pursuant to this subsection shall, as a condition
to such placement, enter into a contract with the Village agreeing
to fully comply with the requirements of this subsection.
A.
Purpose. The R-6 Residential Estate District is intended to provide
for a single-family residential countryside estate development, at
densities not to exceed one dwelling unit per gross two or more acres,
served by municipal sewer and water facilities. This district is for
executive/estate type large lots of a rural or estate character.
B.
Permitted uses. The following uses are permitted in the R-6 District:
(1)
Single-family detached dwellings, excluding all mobile homes; for
purposes of this chapter manufactured homes are included in the definition
of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be at least 20 feet in width and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the State Building Inspector and/or Village Engineer; the State
Building Inspector may require a plan to be certified by a registered
architect or engineer to ensure proper support for the home.[1]
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of three inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Athens.
(3)
Community living arrangements which have a capacity for eight or
fewer persons subject to the limitations set forth in § 62.23(7)(i),
Wis. Stats.
C.
Conditional uses.
(1)
Utility substations.
(2)
Solar collectors erected as an accessory structure.
(3)
Community living arrangements which have a capacity for nine or more
persons.
(4)
Single-family dwelling units meeting the requirements of this section
served by private sewer and water systems where the Village determines
public service is impractical.
D.
E.
Other development standards.
(1)
Rural cross section streets may be permitted with special permission
from the Village Board under the following circumstances and conditions
of development:
(a)
Minimum roadway design standards:
(b)
Where rural cross sections are used, the developer shall submit
and the Village Board shall approve detailed grading plans for the
swale network. The swale system shall be installed at time of street
work and shall be designed as a component of the stormwater management
plan.
(c)
A culvert installation permit and detailed lot grading permit
shall be granted by the Wastewater/Water Operator in charge prior
to any disturbance of the site associated with grading, excavation
or culvert installation. The developer shall secure a performance
bond or deposit of $500 plus 25% of the total cost to ensure appropriate
culvert installation and shall pay an administrative and inspection
fee as prescribed in the Village Fee Schedule prior to the granting
of a culvert installation permit.[4]
(2)
Livestock such as, but not limited to, cattle, swine, horses, ponies,
poultry and other fowl may only be allowed in the R-6 District following
issuance of a conditional use permit after public hearing. As a general
policy guideline, the R-6 District is not intended to be used for
intensive raising or boarding of livestock or fowl. A conditional
use permit for livestock or fowl may only be issued if such use is
compatible with the neighborhood.
A.
Purpose. The purpose of this district is to preserve, protect, and
maintain the natural environment and character of areas exhibiting
significant natural resource features which contribute to the productive,
recreational, or aesthetic value of the community.
B.
Permitted uses.[1]
(1)
Farming and related agricultural uses when conducted in accordance
with conservation standards.
(2)
Forest and game management.
(3)
Hunting, fishing and hiking.
(4)
Parks and recreation areas; arboreta; botanical gardens; greenways.
(5)
Stables.
(6)
Nonresidential buildings used solely in conjunction with the raising
of waterfowl or fish.
(7)
Harvesting of wild crops.
(8)
Recreation-related structures not requiring basements.
C.
Conditional uses.[2]
(1)
Animal hospitals, shelters and kennels.
(2)
Archery and firearm ranges, sports fields and skating rinks.
(3)
Land restoration, flowage and ponds.
(4)
Golf courses and clubs.
(5)
Ski hills and trails.
(6)
Yacht clubs and marinas.
(7)
Recreation camps.
(8)
Public and private campgrounds.
(9)
Planned residential developments.
(10)
Sewage disposal plants.
(11)
Governmental, cultural and public buildings or uses.
(12)
Utilities.
(13)
Hunting and fishing clubs.
(14)
Professional home offices.
(15)
Farm structures.
A.
Purpose. The B-1 District is intended to provide an area for the
business, financial, professional, and commercial needs of the community,
especially those which can be most suitably located in a compact and
centrally located business district.
B.
Permitted uses. The following uses of land are permitted in the B-1
District:
(1)
Paint, glass and wallpaper stores. [523]
(2)
Hardware stores. [525]
(3)
Department stores, variety stores, general merchandise stores. [53]
(4)
General grocery stores, supermarkets, fruit and vegetable stores,
delicatessens, meat and fish stores and miscellaneous food stores.
[54]
(5)
Candy, nut or confectionery stores. [544]
(6)
Dairy products stores, including ice cream stores. [545]
(7)
Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home service delivery. [546]
(8)
Clothing and shoe stores. [56]
(9)
Furniture, home furnishings, floor covering and upholstery shops/stores.
[57]
(10)
Restaurants, lunch rooms and other eating places, except drive-in-type
establishments. [5812]
(11)
Taverns, bars and other drinking places with permit by Village
Board. [5813]
(12)
Drugstores and pharmacies. [591]
(13)
Liquor stores. [592]
(14)
Antique stores and secondhand stores. [593]
(15)
Sporting goods stores and bicycle shops. [5941]
(16)
Bookstores, not including adult books. [5942]
(17)
Stationery stores. [5943]
(18)
Jewelry and clock stores. [5944]
(19)
Camera and photographic supply stores. [5946]
(20)
Gift, novelty and souvenir shops. [5947]
(21)
Florist shops. [5992]
(22)
Tobacco and smokers' supplies stores. [5993]
(23)
News dealers and newsstands. [5994]
(24)
Wholesale merchandise establishments, only for retail items listed above; e.g., Subsection B(19) would allow wholesale camera sales.
(25)
Banks and other financial institutions. [60-62]
(26)
Offices of insurance companies, agents, brokers and service
representatives. [63-64]
(27)
Offices of real estate agents, brokers, managers and title companies.
[65-67]
(28)
Miscellaneous business offices.
(29)
Heating and plumbing supplies.
(30)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes," tailor shops, dressmakers' shops, and garment
repair shops, but not garment pressing establishments, hand laundries,
or hat cleaning and blocking establishments. [721]
(31)
Photographic studios and commercial photography establishments.
[722]
(32)
Barbershops, beauty shops and hairdressers. [723-4]
(33)
Shoe repair shops and shoe shine parlors. [725]
(34)
Trade and contractors' offices (office only).
(35)
Advertising agencies, consumer credit reporting, news agencies
and employment agencies. [731-2, 735-6]
(36)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list and stenographic services; small print shops. [733]
(37)
Computer services. [737]
(38)
Commercial parking lots, parking garages and parking structures.
[752]
(39)
Watch, clock and jewelry repair services. [763]
(40)
Motion-picture theaters, not including drive-in theaters. [7832]
(41)
Miscellaneous retail stores. [5999]
(42)
Offices/clinics of physicians and surgeons, dentists and dental
surgeons, osteopathic physicians, optometrists and chiropractors,
but not veterinarians' offices. [801-4]
(43)
Law offices. [811]
(44)
The offices, meeting places, churches, and premises of professional
membership associations; civic, social, and fraternal associations;
business associations, labor unions and similar labor organizations;
political organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations. [86]
(45)
Engineering and architectural firms or consultants. [891-3]
(46)
Accounting, auditing and bookkeeping firms or services. [8721]
(47)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
[899]
(48)
The offices of governmental agencies and post offices. [91-92,
431]
(49)
Public transportation passenger stations, taxicab company offices
and taxicab stands, but not vehicle storage lots or garages. [411-14]
(50)
Telephone and telegraph offices. [481-2]
C.
Conditional uses. The following are permitted as conditional uses
in the B-1 District, provided that no nuisance shall be afforded to
the public through noise, the discharge of exhaust gases from motor-driven
equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious
materials, unsightly conditions, obstruction of passage on the public
street or sidewalk, or other conditions generally regarded as nuisances,
and provided that where operations necessary or incident to the proper
performance of these services or occupations would tend to afford
such nuisances, areas, facilities, barriers, or other devices shall
be provided in such a manner that the public is effectively protected
from any and all such nuisances. These uses shall be subject to the
consideration of the Village Board with regard to such matters.
(1)
Miscellaneous repair shops and related services. [769]
(3)
Establishments engaged in the publishing and printing of newspapers,
periodicals or books. [2711]
(4)
Dwelling units, provided that no dwelling shall be permitted below
the second floor and business uses are not permitted on any floor
above the ground floor, except in those buildings or structures where
dwelling units are not established. Dwelling units are allowed on
the first floor if there is only one floor.[2]
(5)
Farm supplies, wholesale trade. [5191]
(6)
Establishments engaged in the retail sale of automobiles, trailers,
mobile homes, or campers. [551-2, 556]
(7)
Stores for the sale and installation of tires, batteries, mufflers
or other automotive accessories. [553]
(8)
Gasoline service stations; provided, further, that all gasoline pumps,
storage tanks and accessory equipment must be located at least 30
feet from any existing or officially proposed street line. [5541]
(9)
Establishments engaged in the daily or extended-term rental or leasing
of house trailers, mobile homes or campers. [703]
(10)
Establishments engaged in the daily or extended-term rental
or leasing of passenger automobiles, limousines or trucks, without
drivers, or of truck trailers or utility trailers. [751]
(11)
Establishments for the washing, cleaning or polishing of automobiles,
including self-service car washes. [754]
(12)
Hotels, motor hotels, motels, tourist courts, tourist rooms,
etc. [70]
(13)
Farm implement sales.
(14)
Mini warehouses.
D.
Lot, yard and building requirements.
(1)
Lot frontage: minimum 40 feet.
(2)
Lot area: minimum 3,000 square feet.
(3)
Principal building.
(a)
Front yard: none.
(b)
Side yard: minimum 10 feet if side yard is necessary to be compatible
with neighborhood; otherwise none.
(c)
Rear yard: minimum 25 feet if rear yard is necessary to be compatible
with neighborhood; otherwise none.
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Note: Preexisting structures may be nonconforming. In blocks
in the business districts which are already developed, the dimensional
requirements of this chapter can be modified if in the opinion of
the Board of Appeals such action would be in keeping with the purpose
of this code where a practical difficulty or hardship would result
from a literal enforcement of the requirements.
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(4)
Building height: maximum 45 feet.
(5)
Percent of lot coverage: maximum 90%.
(6)
Alley setback: minimum 15 feet.
E.
Other development regulations.
(1)
A site development plan, prepared in accordance with § 480-93, shall be submitted before a permit can be granted for any expanded or all new use in this district.
(2)
No outdoor storage of any material shall be permitted in this district
except within enclosed containers or properly screened, as determined
by the Village Board.
(3)
No lighting shall be permitted which would glare from this district
onto any street right-of-way or onto any adjacent property.
A.
Purpose. The B-2 Highway Commercial District is intended to provide
for the orderly and attractive grouping at appropriate locations along
principal highway routes of those businesses and customer services
which are logically related to and dependent upon highway traffic,
or which are specifically designated to serve the needs of such traffic.
C.
Conditional uses. The following are specific conditional uses in
this district:[2]
(1)
Hotels, motels and tourist courts.
(2)
Nightclubs and dance halls.
(3)
Residential dwelling units.
(4)
Animal hospital, shelters and kennels.
(5)
Public assembly uses.
(6)
Commercial recreation facilities.
(7)
Off-season storage facilities.
(8)
Lodges and fraternal buildings.
(9)
Nursing homes.
(10)
Nursery and day-care centers.
(11)
Retirement homes.
(12)
Drive-in food and beverage establishments.
(13)
Drive-in banks.
(14)
Sewage disposal plants.
(15)
Governmental, cultural, and public buildings or uses, such as
fire and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums.
(16)
Utilities.
(17)
Schools and churches.
(18)
Mobile home sales.
(19)
Log stacks are a conditional accessory use in the B-2 District,
provided that they are located a minimum of 60 from the center of
adjacent public road rights-of-way.
(20)
Farm implement sales.
(22)
Other uses similar to or customarily incidental to any of the
above uses.
D.
Area, height and yard requirements.
A.
Purpose. The B-3 Business Park District is established to provide
an aesthetically attractive working environment exclusively for and
conducive to the development and protection of offices, non-nuisance-type
manufacturing operations and research and development institutions.
The essential purpose of this district is to achieve development which
is an asset to the owners, neighbors and the Village and to promote
and maintain desirable economic development in a dedicated business
park setting.
B.
Permitted uses. The following uses of land are permitted in the B-3
District:
(1)
State-classified manufacturing operations. [20, 23-28, 30, 32-39]
(2)
Warehousing or distribution operations, not including predominantly
retail sales to customers on site. [50-51]
(3)
Offices of construction firms, shops, display rooms and enclosed
storage. [15-17]
(4)
Laboratories, research, development and testing, and manufacturing
and fabrication in conjunction with such research and development
and operations. [8071, 8731-34]
(5)
Service uses, including computer and data processing services, miscellaneous
business services, offices (business and professional) and communication
services. [73]
(6)
Telecommunications facilities. [48]
D.
Lot, yard and building requirements. Requirements may be modified
by conditional use permit.
E.
Other requirements. Uses permitted and conditional in the B-3 District
are subject to the following requirements:
(1)
No building or improvement shall be erected, placed or altered on
any lands in the B-3 District until the plans for such building or
improvement, including site, landscaping and building plans and specifications,
have been approved by the Village Board. The Village Board shall review
and approve, approve conditionally or disapprove such plans with respect
to conformity with deed restrictions and protective covenants placed
on the land in the B-3 District. The deed restriction and protective
covenants must be approved by the Village Board. The approved deed
restriction and protective covenants must be recorded on the land
prior to rezoning to the B-3 District.
(2)
Design standards in the B-3 District shall include as a minimum the
following standards:
(b)
All business, servicing or processing, except off-street parking
and loading and outside storage areas regulated by restrictive covenants,
shall be conducted within completely enclosed buildings.
(c)
The building coverage on any zoning lot shall not exceed 55%
nor be less than 25%.
(d)
All areas not covered by buildings or parking lots shall be
landscaped subject to detail requirements of restrictive covenants.
(e)
All zoning lots abutting residentially zoned districts shall
be screened.
A.
Purpose. This district is intended to provide an area for manufacturing,
marketing, and industrial and agribusiness activities. It is also
intended to provide an area for a variety of uses which require relatively
large installations, facilities or land areas, or which would create
or tend to create conditions of public or private nuisance, hazard,
or other undesirable conditions, or which for these or other reasons
may require special safeguards, equipment, processes, barriers, or
other forms of protection, including spatial distance, in order to
reduce, eliminate, or shield the public from such conditions.
B.
Permitted uses.[1]
(1)
Automotive body repairs.
(2)
Automotive upholstery.
(3)
Auto sales.
(4)
Breweries.
(5)
Cleaning, pressing and dyeing establishments.
(6)
Commercial bakeries.
(7)
Commercial greenhouses.
(8)
Distributors.
(9)
Food locker plants.
(10)
Inside storage.
(11)
Laboratories.
(12)
Light industry and service uses.
(13)
Machine shops.
(14)
Manufacture and bottling of nonalcoholic beverages.
(15)
Manufacturing establishments, usually described as factories,
mills or plants, in which raw materials are transformed into finished
products, and establishments engaged in assembling component parts
of manufactured products. [20, 23-28, 30, 32-39]
(16)
Painting.
(17)
Parking and open areas.
(18)
Printing and publishing.
(19)
Storage and sale of lumber, machinery and equipment.
(20)
Trade and contractors' offices.
(21)
Warehousing and wholesaling.
C.
Conditional uses. The following are permitted as conditional uses
within the I-1 District. Such use shall be subject to the consideration
of the Village Board and Plan Commission with regard to such matters
as the creation of nuisance conditions for the public or for the users
of nearby areas, the creation of traffic hazards, the creation of
health hazards, or other factors:[2]
(1)
Other industrial or commercial activities which possess the special
problem characteristics described above relating to the creation of
hazards or nuisance conditions.
(2)
The outdoor storage of industrial products, machinery, equipment,
or other materials, provided that such storage is enclosed by a suitable
fence or other manner of screening. [50, 51]
(3)
Railroads, including rights-of-way, railroad yards, and structures
normally incident to the operation of railroads, including station
houses, platforms, and signal towers, but not including warehouses
owned by companies other than railroad companies or road terminal
companies.
(4)
Building construction contractors. [15-17]
(5)
Highway passenger and motor freight transportation. [41-42]
(7)
Agriculture-related industry and service uses.
(a)
Production of natural and processed cheese.
(b)
Production of shortening, table oils, margarine and other edible
fats and oils.
(c)
Production of condensed and evaporated milk.
(d)
Wet milling of corn.
(e)
Production of creamery butter.
(f)
Drying and dehydrating fruits and vegetables.
(g)
Preparation of feeds for animal and fowl.
(h)
Pea vineries.
(i)
Creameries and dairies.
(j)
Production of flour and other grain mill products; blending
and preparing of flour.
(k)
Fluid milk processing.
(l)
Production of frozen fruits, fruit juices, vegetables and other
specialties.
(m)
Fruit and vegetable sauces and seasoning, and salad dressing
preparation.
(n)
Poultry and small game dressing and packing, provided that all
operations are conducted within an enclosed building.
(o)
Production of sausages and other meat products, provided that
all operations are conducted within an enclosed building.
(p)
Corn shelling, hay baling and threshing services.
(q)
Grist mill services.
(r)
Horticultural services.
(s)
Canning of fruits, vegetables, preserves, jams and jellies.
(t)
Canning of specialty foods.
(u)
Grain elevators and bulk storage of feed grains.
(v)
Fertilizer production, sales, storage, mixing and blending.
(w)
Sales or maintenance of farm implements and related equipment.
(x)
Animal hospitals, shelters and kennels.
(y)
Veterinarian services.
(z)
Sawmills.
(8)
Farm
machinery.
(9)
Freight
yards, freight terminals and transshipment depots.
(10)
Fabrication, packing, packaging and assembly of products from furs,
glass, leather, metals, paper, plaster, plastics, textiles and wood.
(11)
Fabrication, processing, packaging and packing of confections; cosmetics;
electrical appliances; electronic devices; food except cabbage, fish
and fish products, meat and meat products, and pea vining; instruments;
jewelry; pharmaceuticals; tobacco; and toiletries.
D.
Prohibited uses.
(1)
Specifically excluded from this designation and expressly prohibited
is any use or business which is dangerous or which would create a
public nuisance.
(2)
All residential uses are expressly prohibited.
(3)
Also specifically excluded and expressly prohibited is any use or
business involving the wrecking of automobiles, junkyards, scrap yards,
garbage removal or the slaughter of animals or poultry.
E.
Lot, yard and building requirements.
(1)
Lot frontage: no minimum.
(2)
Lot area: minimum 15,000 square feet.
(3)
Front yard: minimum 50 feet.
(4)
Side yards: minimum 20 feet.*
(5)
Rear yard: minimum 20 feet.*
(6)
Building height: maximum 60 feet.
(7)
Percentage of lot coverage: maximum 70%.
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*
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Required buffer strips in industrial districts. Where an industrial
district abuts a residential district, there shall be provided along
any rear, side or front line, coincidental with any industrial-residential
boundary, a buffer strip not less than 40 feet in width as measured
at right angles to said lot line. Plant materials at least six feet
in height of such variety and growth habits as to provide a year-round,
effective visual screen when viewed from the residential district
shall be planted in the exterior 25 feet abutting the residential
district. If the required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than four nor more than eight feet in height and shall be of such
materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may be devoted to parking of vehicles.
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A.
Purpose. The A-1 Agricultural District is intended to provide for
the continuation of general farming and related uses in those areas
of the Village that are not yet committed to urban development. It
is further intended for this district to protect lands contained therein
from urban development until their orderly transition into urban-oriented
districts is required.
B.
Permitted uses.
(1)
General farming, including agriculture, dairying, floriculture, forestry,
grazing, hay, orchards, truck farming and viticulture (grape growing);
provided, however, that farm buildings housing animals, barnyards,
and feedlots shall not be located in a floodland and shall be at least
100 feet from any navigable water or district boundary.
(2)
Keeping and raising of domestic stock for agribusiness, show, breeding,
or other purposes incidental to the principal use of the premises
and for the use of the occupants of the premises, provided that such
use shall not be located within 150 feet of a dwelling unit other
than the dwelling unit on the property in question.
(4)
Harvesting of wild crops and management of wildlife, including nonresidential
buildings used solely in conjunction with such activity.
(5)
In-season roadside stands for the sale of farm products produced
on the premises and up to two unlighted signs not larger than eight
square feet each advertising such sale.
(6)
Customary home occupations.
(7)
One- and two-family farm residences and a single mobile home, but
only when occupied by owners and/or persons engaged in farming activities
on the farm on which it is located.
(8)
Woodlots and tree farms.
(9)
Production of forest crops, including tree plantations.
C.
Permitted accessory uses.
(1)
Attached or detached private garages and carports accessory to permitted
or permitted accessory uses.
(2)
General farm buildings, including barns, silos, sheds, and storage
bins, and including not more than one roadside stand for the sale
of farm products produced on the premises. Any such stand shall conform
to the setback, sign and other provisions of this chapter.
(3)
One farm dwelling. The only residences allowed as permitted uses
on newly established parcels are those to be occupied by a person
who or a family at least one member of which earns a substantial part
of his or her livelihood from farm operations on the parcel or is
related to the operator of the larger farm parcel from which the new
parcel is taken. Preexisting residences located in areas subject to
zoning under this section which do not conform to this subsection
may be continued in residential use. The minimum parcel size to establish
a residence or a farm operation is 35 acres. No structure or improvement
may be built on the land unless consistent with agricultural uses.
(4)
Private garages and parking space.
(5)
Private swimming pool and tennis court.
(6)
Home occupation.
(7)
Signs as regulated by the Village.
(8)
Buildings temporarily located for purposes of constructing on the
premises for a period not to exceed time necessary for such constructing.
(9)
Gardening and other horticultural uses where no sale of products
is conducted on the premises.
D.
Conditional uses.
(1)
Airports, airstrips and landing fields, provided that the site is
not less than 20 acres.
(3)
Housing for farm laborers and seasonal or migratory farm workers.
(4)
Transmitting towers, receiving towers, relay and microwave towers
without broadcast facilities or studios.
(5)
Utilities.
(6)
Veterinary clinics, provided that no structure or animal enclosure
shall be located closer than 150 feet to a property boundary. [074,
075]
(7)
Public and parochial schools, provided that no building shall be
located within 50 feet of any lot line.
(8)
Churches, including those related structures located on the same
site which are an integral part of the church proper, convents or
homes for persons related to a religious function on the same site,
provided that no more than 10 persons shall reside on the site and
no building shall be located within 50 feet of any lot line.
(9)
Golf courses, country clubs, tennis clubs or public swimming pools
serving more than one family. The principal structure for any of the
above-listed uses shall be 100 feet or more from any abutting lot
in a residential district, and accessory structures shall be a minimum
of 50 feet from any lot line.
(10)
Essential service structures, including but not limited to buildings
such as telephone exchange stations, booster or pressure-regulating
stations, wells, pumping stations, elevated tanks, lift stations and
electrical power substations, provided that no building shall be located
within 10 feet of any lot line of an abutting lot in a residential
district. Prior to granting such permit, it shall be found that the
architectural design of a service structure is compatible with the
neighborhood in which it is to be located and thus will promote the
general welfare.
(11)
Hospitals for human care, sanitariums, rest homes, and nursing
homes, provided that all structures, except fences, shall be located
100 feet or more from the lot line of any abutting lot in a residential
district.
(12)
Cemeteries.
(13)
Fur farms, kennels, greenhouses and other agricultural uses
that may cause noxious odors or noise or create health or sanitation
hazards.
(14)
Campgrounds, tourist camps and travel trailer parks, subject
to the provisions of this chapter and the Wisconsin Administrative
Code.
(15)
Trap or skeet shooting facilities, target ranges, gun clubs
and shooting preserves.
A.
Purpose. The PUD Planned Unit Development District is intended to
provide for large-scale residential development. The Planned Unit
Development District is established to provide a regulatory framework
designed to encourage and promote improved environmental design in
the Village by allowing for greater freedom, imagination and flexibility
in the development of land, while assuring substantial compliance
with the basic intent of this chapter and the general plan for community
development. To this intent it allows diversification and variation
in the relationship of uses, structures, open spaces and heights of
structures in developments conceived and implemented as comprehensive
and cohesive unified projects. It is further intended to encourage
more rational and economic development with relationship to public
services and to encourage and facilitate preservation of open land.
B.
General procedure. Before commencing with a planned unit development,
the developer shall obtain approval of the Village Board, following
a recommendation from the Plan Commission. Five copies of the proposed
general development plan, including a site plan, shall be submitted
to the Village Clerk.
C.
Site plan. The site plan shall be drawn at a scale of not less than
one inch equals 50 feet and shall include the following information:
(1)
Location and dimension of property boundaries.
(2)
Location, size and number of parking spaces.
(3)
Location, size, use, entrances and exits of all buildings.
(4)
Elevations and contours sufficient to show topographic features and
drainage patterns.
(5)
Distances between buildings, between buildings and property lines,
and between buildings and other improvements on the site, including
walks, parking areas and site structures.
(6)
Location and width of all drives and roadways on the site.
(7)
Drainage of surface water within the site, including parking lots
and street grades, and the size, slope, depth and location of drainage
and erosion control pipes and structures.
D.
Permitted uses. The following are permitted in a PUD District, provided
that no use shall be permitted except in conformity with a specific
implementation plan pursuant to the procedural and regulatory provisions
as hereinafter set forth:
(2)
The minimum size for a PUD shall be five acres of land or a minimum
of 16 dwelling units.
(3)
The PUD tract shall be a development of land under single control.
No authorization or permits shall be granted for such development
unless the applicant has acquired actual ownership of, or executed
a binding sales contract for, all of the property comprising such
tract. For purposes of this section, ownership shall include a lease
of not less than 50 years' duration. The term "single control" shall
include ownership by an individual, corporation, partnership, association,
trustee, or other legal entity.
E.
Height, area and setback requirements. Except as provided in Subsection G below, in a PUD there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
F.
Parking requirements. Off-street parking facilities shall be as provided
for under this Zoning Code and in accordance with the approved specific
implementation plan, and such requirements as are made a part of the
approved specific implementation plan, along with the recorded plan
itself, shall be construed to be, and enforced as, a part of this
section.[1]
G.
Lot, building and yard requirements; zero lot line or common wall
single-family units. For all attached zero lot line or common wall
construction single-family duplex or townhouse dwellings allowed in
a Planned Unit Development District consistent with the Village Comprehensive
Plan, the following lot, building and yard requirements apply:
(1)
Lot frontage: minimum 40 feet (each unit).
(2)
Lot area: minimum 6,000 square feet (each unit).
(4)
Garages: one private garage with up to two stalls per dwelling unit,
not exceeding 312 square feet per stall.
(5)
Building height: maximum 35 feet.
(6)
Percent of lot coverage: maximum 50% (combined principal and accessory
buildings coverage).
(7)
Floor area per dwelling unit: minimum 840 square feet.
(8)
Zero lot line/common wall construction requirements. For all attached
zero lot line or common wall construction duplexes and townhouses
containing single-family dwellings, each unit shall have separate
sewer and water lateral connections. The size, type and installation
proposed to be constructed shall be in accordance with the plans and
specifications approved by the Village Board, following a recommendation
from the Plan Commission. A minimum one-hour fire-rated wall assembly
division, separating living areas from the lowest level to flush against
the underside of the roof, is required between each dwelling unit.
H.
Criteria for approval. As a basis for determining the acceptability
of a PUD application, the following criteria shall be applied to the
specific implementation plan, with specific consideration as to whether
or not it is consistent with the spirit and intent of this Zoning
Code, has been prepared with competent professional advice and guidance
and produces significant benefits in terms of environmental design:
(1)
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be of a visual and operational
character which:
(a)
Is compatible with the physical nature of the site, with particular
concern for the preservation of natural features, tree growth and
open spaces.
(b)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(c)
Would not adversely affect the anticipated provision for school
or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with
the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a PUD application
shall provide the Village satisfactory evidence of its economic feasibility,
proof by the proponents of available adequate financing, and that
the PUD would not adversely affect the economic prosperity of the
Village or the values of surrounding properties.
(3)
Engineering design standards. The width of street right-of-way, width
and location of streets or other paving, outdoor lighting, location
of sewer and water lines, provision for stormwater drainage or other
similar environmental engineering considerations shall be based upon
a determination of appropriate standards necessary to implement the
specific function in the specific situation. In no case shall standards
be less than those necessary to assure the public safety and welfare
as determined by the Village.
(4)
Preservation and maintenance of open space. Adequate provision shall
be made for the permanent preservation and maintenance of common open
space by private reservation.
(a)
The open area to be reserved shall be protected against building
development by conveying to the Village, as part of the conditions
for approval, an open space easement over such open areas restricting
the area against any future building or use except as is consistent
with that of providing landscaped open space for the aesthetic and
recreational benefit of the PUD. Buildings or uses for noncommercial,
recreational or cultural purposes compatible with the open space objectives
may be permitted only where specifically authorized as part of the
development plan or subsequently with the express approval of the
Village Board following approval of building, site and operational
plans made by the Plan Commission.
(b)
The care and maintenance of such open space reservation shall
be assured by establishment of an appropriate management organization
for the PUD.
(5)
Implementation schedule. The proponents of a PUD shall submit a reasonable
schedule for the implementation of the plan to the satisfaction of
the Village, including suitable provisions for assurance that each
phase will be brought to completion in a manner which will not result
in any adverse effect upon the community as a result of termination
at that point.
I.
Approval procedure; general development plan.
(1)
Generally. The procedure for initiating a PUD District shall be the
same procedure used with other types of rezonings, unless otherwise
prescribed by this section. Rezoning would occur concurrently with
the approval of the general development plan.
(2)
General development plan. The applicant shall submit a general development
plan to the Village Clerk. The general development plan shall include
the following information:
(a)
A statement describing the general character of the intended
development.
(b)
An accurate site plan of the project area as required in Subsection C above, including its relationship to surrounding properties and existing topography, key features, and building location and height.
(c)
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection H.
(d)
The pattern of proposed land use, including shape, size and
arrangement of proposed use areas, density, environmental character
and their relationship to adjoining parcels of land within 600 feet
of area boundaries.
(e)
The pattern of public and private streets.
(f)
The location, size and character of recreational and open space
areas reserved or dedicated for public uses such as schools, parks,
greenways, etc.
(g)
A utility feasibility study.
(h)
Appropriate statistical data on the size of the development,
ratio of various land uses, percentages of multiple-family units by
number of bedrooms, economic analysis of the development, expected
staging, and any other plans or data pertinent to evaluation by the
Village.[2]
(i)
General outline of intended organizational structure related
to property owners' association, deed restrictions and private provision
for common services.
J.
Specific implementation plan.
(1)
Submission of plan and fee. The applicant shall submit a specific
implementation plan to the Plan Commission within 12 months after
having been granted an approval of the general development plan and
rezoning to a PUD District classification. The applicant shall pay
required fees and all costs incurred by the Village in checking and
processing such plans. Such application shall be signed by the owner(s)
of every property within the boundaries of the proposed specific implementation
plan.
(2)
General development plan. If a specific implementation plan which
the Plan Commission determines to be a reasonable phase of the total
plan has not been submitted within such time, the developer shall
be required to resubmit a general development plan which is subject
to all the requirements of this section.
(3)
Information required. The specific implementation plan submitted
to the Plan Commission shall include the following detailed construction
and engineering plans and related documents and schedules:
(a)
An accurate map of the area covered by the plan, including the
relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways
and parking facilities.
(c)
Detailed lot layout and subdivision plan where required.
(d)
The arrangement of building groups and their heights and their
architectural character with particular attention to their influence
on adjoining parcels of land, including the casting of unbroken shadows.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational
or other special amenities.
(h)
The location and description of any areas to be dedicated to
the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the project can be
expected to begin.
[2]
The stages in which the project will be built and the approximate
date when construction of each stage can be expected to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of each of the stages
will be completed.
[5]
The area and location of common open space that will be provided
at each stage.
(m)
Agreements, bylaws, provisions or covenants which govern the
organizational structure, use, maintenance and continued protection
of the PUD and any of its common services, common open areas or other
facilities.
(n)
Any other plans, documents or schedules requested by the Plan
Commission.
(o)
An ownership statement shall be a part of the specific implementation
plan and also shall be affixed and noted on the deed.
(4)
Phasing. If the specific implementation plan is to be executed in
phases, each phase shall be submitted in accordance with this section.
(5)
Approval of the specific implementation plan.
(a)
If the specific implementation plan as submitted is not in substantial
compliance with the general development plan, the Plan Commission
shall notify the landowner regarding the aspects of the plan that
are not in compliance. The landowner may:
(b)
Within 45 days after the filing of the specific implementation
plan, the Plan Commission shall forward to the Village Board a written
report recommending that the plan be approved, disapproved or approved
with conditions and giving the reason(s) for the recommendations.
(d)
If the specific implementation plan or any section thereof is
given final approval and thereafter the landowner abandons the plan
or any section thereof that has been finally approved and notifies
the Village Board in writing, or if the landowner fails to commence
the planned unit development within 18 months after final approval
has been granted, such final approval shall terminate and be deemed
null and void; the parcel would revert to its pre-PUD application
zoning classification.
(6)
Approval of plan. Upon approval of the specific implementation plan,
the following shall be recorded in the County Register of Deeds office
by the landowner within 60 days of approval:
(a)
The building, site and operational plans for the development
as approved.
(b)
All other commitments and contractual agreements with the Village
offered and required with regard to project value, character and other
factors pertinent to an assurance that the proposed development will
be carried out basically as presented in the specific implementation
plan. This shall be accomplished prior to the issuance of any building
permit.
A.
Purpose. The users of the public water supply system located in the
Village of Athens depend exclusively on groundwater for safe drinking
water. Certain land use practices and activities can seriously threaten
or degrade groundwater quality. The purpose of the Wellhead Protection
Overlay District is to institute land use regulations and restrictions
to protect the Village of Athens municipal water supply and wells
and to promote the public health, safety and general welfare of the
residents of the Village of Athens.
B.
Authority. These regulations are established pursuant to the authority
granted by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective
May 11, 1984), which specifically added groundwater protection to
the statutory authorization for municipal planning and zoning in order
to protect the public health, safety and welfare.
C.
Applicability.
(1)
The regulations specified in the Wellhead Protection Overlay District
shall apply within the Village of Athens limits.
(2)
No new use or change in use of any structure, land or water shall
be located, extended, converted or structurally altered and no development
shall commence without full compliance with the terms of this section
and other applicable regulations.
D.
AQUIFER
CONE OF DEPRESSION
EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL
POLLUTION
FIVE-YEAR TIME OF TRAVEL
RECHARGE AREA
WELL FIELD
WELLHEAD PROTECTION OVERLAY DISTRICT
ZONE OF SATURATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A saturated, permeable, geologic formation that contains
and will yield significant quantities of water.
The area around a well in which the water level has been
lowered at least 1/10 of a foot by pumping of the well.
Existing facilities which may cause or threaten to cause
environmental pollution within the Village of Athens include, but
are not limited to, the Department of Natural Resources' draft
or current list of Inventory of Sites or Facilities Which May Cause
or Threaten To Cause Environmental Pollution, the Department of Safety
and Professional Services' list of underground storage tanks (USTs),
lists of facilities with hazardous solid waste permits, and any facility
which is considered a prohibited use under this section, all of which
are incorporated herein as if fully set forth.
The recharge area upgradient of the cone of depression, from
the outer boundary of which it is determined or estimated that groundwater
will take five years to reach a pumping well.[1]
The area which encompasses all areas or features that, by
surface infiltration of water that reaches the zone of saturation
of an aquifer, supply groundwater to a well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
Shall be defined to include the following area: the area
of land which contributes water to the well starting at the well and
continuing out to a line delineating the five-year time of travel
to the well. Time of travel delineations must be based on accepted
hydrogeological research as outlined in the State Wellhead Protection
Program Plan for Public Water Utilities, Appendix 2, with zone boundaries
normalized (if practical) to road center lines, railways, surface
water features, the public land survey section lines, 1/2, 1/4, 1/8,
or 1/16 section lines and property lines.
The saturated zone is the area of unconsolidated, fractured
or porous material that is saturated with water and constitutes groundwater.
E.
Supremacy of the district. The regulations of this overlay district
will apply in addition to all other regulations which occupy the same
geographic area. The provisions of any zoning districts that underlay
this overlay district will apply except when provisions of the Wellhead
Protection Overlay District are more stringent.
F.
Permitted uses. Permitted uses within the Wellhead Protection Overlay District are subject to the separation distance requirements set forth in Subsection G, Separation distance requirements, the prohibition of uses, activities or structures designated in Subsection H, Prohibited uses, and include:
(1)
Public and private parks and beaches, provided that there are no
on-site wastewater disposal systems or holding tanks.
(2)
Playgrounds.
(3)
Wildlife areas and natural areas.
(4)
Trails such as biking, hiking, skiing, nature, equestrian and fitness
trails.
(5)
Residential which is municipally sewered.
(6)
Agricultural activities which are conducted in accordance with the
United States Department of Agriculture Natural Resources Conservation
Service Wisconsin Field Office Technical Guide Specification 590 Nutrient
Management Standards.
(7)
Commercial establishments which are municipally sewered.
G.
Separation distance requirements.
(1)
The following separation distances as specified in § NR
811.12, Wis. Adm. Code, shall be maintained:
(a)
Fifty feet between a public water supply well 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
C600 specifications.
(b)
Two hundred feet between a public water supply well and any sanitary
sewer main not meeting the above specifications, any sanitary sewer
lift station or single-family residential fuel oil tank.
(c)
Four hundred feet between a public water supply well and a stormwater
detention, retention, infiltration or drainage basin.
(2)
The provisions of § NR 811.12(5)(d)4, 5 and 6, Wis. Adm.
Code, are not listed here as uses, activities or structures contained
therein are prohibited in the district.
H.
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 for the Wellhead Protection Overlay
District include:
(1)
Above- and below-ground hydrocarbon or petroleum storage tanks.
(2)
Cemeteries.
(3)
Chemical manufacturers (Standard Industrial Classification Major
Group 28).
(4)
Coal storage.
(5)
Dry cleaners.
(6)
Hazardous, toxic or radioactive materials transfer and storage under
Title III or SARA planning.
(7)
Industrial lagoons and pits.
(8)
Jewelry plating and metal plating.
(9)
Landfills and any other solid waste facility, except post-consumer
recycling.
(10)
Machine or metal working shops.
(11)
Manure storage.
(12)
Nonmetallic earthen materials extraction or sand and gravel
pits.
(13)
Pesticide and fertilizer dealer, transfer or storage.
(14)
Research labs, universities and hospitals.
(15)
Railroad yards and maintenance stations.
(16)
Rendering plants and slaughterhouses.
(17)
Salt or deicing material storage.
(18)
Salvage yards or junkyards.
(19)
Septage or sludge spreading, storage or treatment.
(20)
Septage, wastewater, or sewage lagoons.
(21)
Septic tanks, holding tanks or other on-site sewage treatment
systems.
(22)
Stockyards and feedlots.
(23)
Stormwater infiltration basins without pretreatment.
(24)
Vehicular services, including filling and service stations,
repair, renovation and body working.
(25)
Wood preserving.
I.
Requirements for existing facilities which may cause or threaten
to cause environmental pollution.
(1)
Existing facilities within the Wellhead Protection Overlay District at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, the Wisconsin Department of Natural Resources' draft or current list of Inventory of Sites or Facilities Which May Cause or Threaten To Cause Environmental Pollution, Wisconsin Department of Safety and Professional Services' list of underground storage tanks, lists of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection H, Prohibited uses, all of which are incorporated herein as if fully set forth.
(2)
Such facilities as above which exist within the district at the time
of enactment of a district shall:
(a)
Provide copies of all federal, state and local facility operation
approval or certificates and ongoing environmental monitoring results
to the Village.
(b)
Provide environmental or safety structures/monitoring, to include
an operational safety plan, hazardous material containment, best management
practices, stormwater runoff management and groundwater monitoring.
(c)
Replace equipment, or expand on the site or property of record associated
with the facility at the time of enactment of a district, in a manner
that improves the environment and safety technologies already being
utilized.
(d)
Have the responsibility of devising, filing and maintaining, with
the Village, a current contingency plan which details how they intend
to respond to any emergency which occurs at their facility, including
notifying municipal, county and state officials.
(3)
Such facilities as above cannot engage in or employ a use, activity, or structure listed in Subsection H, Prohibited uses, which they did not engage in or employ at the time of enactment of a district and can only expand those present uses, activities, or structures on the site or property of record associated with the facility at the time of enactment of a district and in a manner that improves the environmental and safety technologies already being utilized.
J.
Conditional uses. Any individual, person, partnership, corporation,
or other legal entity and/or facility may request that the Village
Board grant a conditional use permit for certain uses, activities
and structures within the Wellhead Protection Overlay District.
(1)
All requests shall be made in writing to the Plan Commission and
shall include:
(a)
A site plan map with all building and structure footprints,
driveways, sidewalks, parking lots, stormwater management structures,
groundwater monitoring wells, and two-foot ground elevation contours.
(b)
A business plan and/or other documentation which describes in
detail the use, activities, and structures proposed.
(c)
An environmental assessment report prepared by a licensed environmental
engineer which details the risk to, and potential impact of, the proposed
use, activities and structures on groundwater quality.
(d)
An operational safety plan which details the operational procedures
for material processes and containment, best management practices,
stormwater runoff management, and groundwater monitoring.
(e)
A contingency plan which addresses in detail the actions that
will be taken should a contamination event caused by the proposed
use, activities, or structures occur.
(2)
All conditional use permits granted under this section shall be subject
to conditions that will include environmental and safety monitoring
determined necessary to afford adequate protection of the public water
supply and/or bonds and/or sureties satisfactory to the Village. These
conditions shall include but not be limited to:
(a)
Provide current copies of all federal, state and local facility
operation approval or certificates and ongoing environmental monitoring
results to county emergency government and the Village of Athens.
(b)
Establish environmental or safety structures/monitoring, to
include an operational safety plan, material processes and containment,
operations monitoring, best management practices, stormwater runoff
management, and groundwater monitoring.
(c)
Replace equipment or expand in a manner that improves the environmental
and safety technologies being utilized.
(d)
Devise, file and maintain a current contingency plan which details
the response to any emergency which occurs at the facility, including
notifying municipal, county and state officials. Provide a current
copy to county emergency government and the Village of Athens.
(3)
The individual, person, partnership, corporation, or other legal
entity and/or facility making the request shall reimburse the Village
for consultant fees and Plan Commission expenses associated with this
review at the invoiced amount, plus administrative costs.
(4)
The Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Village Plan Commission. Any conditions above and beyond those specified in Subsection J, Conditional uses, that are recommended by the Plan Commission or established by the Village Board may be applied to the granting of the conditional use permit. (See Article IV.)
K.
Enforcement; violations and penalties.
(1)
It shall be unlawful to construct or use any structure, land or water
in violation of any of the provisions of this section. In case of
any violation, the Village Board shall institute appropriate action
or proceeding to enjoin a violation of this section.
(2)
Any person, firm or corporation who or which violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this section shall, upon conviction thereof, forfeit to the Village of Athens a penalty as prescribed in Chapter 1, Article I, of this Code. Each and every day of violation shall constitute a separate offense in addition to any penalties. Compliance with this section is mandatory, and no building, structure or use shall be allowed without full compliance.
(3)
In the event that any individual, person, partnership, corporation, or other legal entity (hereinafter "individual") owns an existing facility which may cause or threaten to cause environmental pollution, or any individual and/or facility possesses a conditional use permit under the provisions of Subsection J, Conditional uses, and that individual/facility causes, or is the site of, the release of any contaminants which endanger the municipal water supply associated with a Wellhead Protection Overlay District, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur.
(4)
The individual/facility shall be responsible for all costs of 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, workers'
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.
A.
Authority and findings.
(1)
The Village Board has authority, to be liberally construed in favor
of the Village, under its general police powers set forth in Ch. 61,
Wis. Stats., to act for the good order of the municipality and for
the health, morals, safety and welfare of the public and may carry
out its powers by regulation and suppression.
(2)
The Village Board recognizes it lacks authority to regulate obscenity
under § 66.0107(3), Wis. Stats., and does not intend by
adopting this section to regulate obscenity, since nudity in and of
itself is not obscene; it declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns.
(3)
Adult establishments in other communities tended to further the increase
of criminal and other offensive activity, to disrupt the peace and
order of the communities, to depreciate the value of real property,
to harm the economic welfare of the communities and to negatively
affect the quality of life of the communities, and such secondary
effects are detrimental to the public health, safety and general welfare
of citizens.
(4)
The Village Board recognizes the United States Supreme Court has
held that material with adult content is within the outer perimeters
of the First Amendment to the United States Constitution and therefore
entitled to some limited protection under the First Amendment, and
the governing body further recognizes that freedom of speech is among
our most precious and highly protected rights and wishes to act consistently
with full protection of those rights.
(5)
However, the Village Board is aware, based on the experiences of
other communities, that adult establishments may and do generate secondary
effects which the governing body believes are detrimental to the public
health, safety and welfare of the citizens of the Village of Athens.
Among these secondary effects are:
(a)
The potential increase in prostitution and other sex-related
offenses, as well as other crimes and offenses;
(b)
The potential depreciation of property values in neighborhoods
where adult establishments featuring nude dancing exist;
(c)
Health risks associated with the spread of sexually transmitted
diseases; and
(d)
The potential for infiltration by organized crime for the purpose
of unlawful conduct.
(6)
The Village Board desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the Village of Athens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight.
(7)
The Village Board has determined that the enactment of a zoning ordinance
provision allowing adult establishments viable areas in which to exist
within the Village while keeping those adult establishments separated
from each other, residential areas, schools, churches, day-care centers,
or bars or taverns promotes the goal of minimizing, preventing and
controlling the negative secondary effects associated with such adult
establishments.
B.
Purpose. The purpose of the AEO Adult Entertainment Overlay District
is to create an overlay zoning district whereby adult establishments
are sufficiently separated from each other and conflicting uses so
as to ameliorate the negative secondary effects of adult uses while
providing adult establishments sufficient area and opportunity to
operate within the Village so as not to suppress their existence.
C.
ADULT BOOKSTORE
ADULT ENTERTAINMENT
ADULT ESTABLISHMENT
ADULT MOTION-PICTURE THEATER
ADULT NOVELTY STORE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL
Definitions. For purposes of this district, the following definitions
shall be applicable:
An establishment which as its substantial course of conduct
presents adult entertainment for observation by patrons therein or
which, as part of its substantial course of conduct, offers for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes,
magazines or other such media which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specified anatomical areas or specified sexual activities.
Any exhibition of any motion picture, live performance, display
or dance of any type which has as a significant or substantial portion
of such performance, or is distinguished or characterized by an emphasis
on, any actual or simulated performance of specified sexual activities
or exhibition and viewing of specified anatomical areas.
Includes adult bookstores, adult motion-picture theaters,
and adult novelty stores and further means any premises to which public
patrons or members are invited or admitted that is substantially devoted
to the purveyance, demonstration or display of specified sexual activities
or specified anatomical areas.
Any establishment for the presentation of motion pictures
that has as its dominant theme, or is distinguished or characterized
by an emphasis on, matters depicting, describing or relating to specified
sexual activities or specified anatomical areas for observations by
patrons therein.
Any establishment which as its substantial course of conduct
offers for sale, rent, trade, lease, inspection or viewing any adult
novelty items, sex toys, sexual gratification appliances, or other
similar products, excluding contraceptives or similar products of
medical value, that are distinguished or characterized by their emphasis
on matters depicting, describing or relating to specified anatomical
areas or specified sexual activities.
Either:
Simulated or actual:
Forty percent or more of business stock-in-trade, display
space, floor space or retail sales in any one month. Upon reasonable
belief that an entity is in excess of the forty-percent threshold,
that entity shall provide all necessary records, receipts and documentation
to the Village upon request. Failure to do so shall result in a presumption
that the entity is operating in excess of the threshold.
D.
Location.
(1)
No adult establishment shall be located:
(c)
Within 250 feet of any dwelling as defined by this Zoning Code.
(d)
Within 250 feet of any preexisting school, church or day care,
as defined in this Zoning Code.
(e)
Within 250 feet of any preexisting establishment licensed to
sell or dispense fermented malt beverages or intoxicating liquor.
(2)
For purposes of this district, distances are to be measured in a
straight line, without regard to intervening structures or objects,
from the property line of the adult establishment to the nearest property
line of another establishment, dwelling, school, church, day care
or establishment selling or dispensing fermented malt beverages or
intoxicating liquor.
E.
Hours of operation.
(1)
No adult establishment shall be open between the hours of 2:00 a.m.
and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m.
and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and
12:00 noon on Sundays.
(2)
All adult establishments shall be open to inspection at all reasonable
times by the Police Department, Zoning Administrator and/or other
Village representatives.
