[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In order to carry out the purpose and intent of this chapter,
the City of Lake Mills is hereby divided into the following zoning
districts:
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Standard Zoning Districts
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Residential Districts
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Single-Family Districts
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Rural Development (RD) District
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Single-Family Residential-4 (R1-4) District
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Single-Family Residential-6 (R1-6) District
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Single-Family Residential-8 (R1-8) District
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Two-Family Districts
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Two-Family Residential-8 (R2-8) District
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Multiple-Family Districts
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Multifamily Residential-12 (R3-12) District
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Nonresidential Districts
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Business and Office Districts
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Downtown Business (B1) District
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Neighborhood Business (B2) District
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Planned Business (PB) District
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Industrial Districts
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General Industrial (I1) District
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Heavy Industrial (I2) District
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Planned Industrial (PI) District
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Special Purpose Districts
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Planned Development (PDD) District
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Overlay Districts
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Lake Residential Overlay (LRO) District
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Public and Institutional Overlay (PIO) District
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Historic Preservation Overlay (HPO) District
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Wellhead Protection Overlay (WPO) District
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Shoreland-Wetland Overlay (SWO) District
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Floodplain Overlay (FPO) District
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Flood-Fringe Overlay (FFO) District
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General Floodplain (GFP) District
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Conservancy Overlay (CO) District
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Flood Storage Overlay (FSO) District
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Extraterritorial Districts
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A1 Exclusive Agriculture District, ETZ
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R1 Single-Family, Low-Density Residential District, ETZ
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R3 Multifamily Residential District, ETZ
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PB Planned Business District, ETZ
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PO Planned Office District, ETZ
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PDD Planned Development Overlay District, ETZ
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A.
Official City of Lake Mills Zoning Map. The location and boundaries
of the districts and overlay districts established by this chapter
are set forth on the Official Zoning Map, which is incorporated herein
and made a part of this chapter. The Official Zoning Map, and all
amendments thereto, shall be deemed included within this chapter as
though fully set forth and described herein. The Official Zoning Map
is sometimes referred to in this chapter as the "Zoning Map" or the
"Zoning District Map."
B.
Extraterritorial Zoning Map. The Extraterritorial Zoning Map is an
integral part of this chapter. The official copy of this map, entitled
"Lake Mills Extraterritorial Zoning Map," together with a copy of
this chapter, shall be kept at the office of the City Clerk and shall
be available for public inspection during office hours. The map shall
be certified by the City Clerk. Any changes in zoning district boundaries
shall be recorded on the map. No such change shall be effective until
so recorded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When uncertainty exists with respect to boundaries of the various
districts shown on the Zoning Maps, the following rules shall apply:
A.
Zoning boundary determination. The zoning district boundaries are
corporate limits; United States Public Land Survey lines; lot or property
lines; center lines of streets, highways (not including freeways),
alleys, easements, and railroad rights-of-way or such lines extended;
flood boundaries; and wetland boundaries unless otherwise shown. Distances
not specifically shown on the Zoning Maps shall be determined by the
scale of the Zoning Maps.
B.
Zoning boundary determination for approximate boundaries. Where the
designation of the Official Zoning Map shows that various zoning districts
are approximately bounded by a street, alley, railroad, lot line,
flood boundary, or wetland boundary such lot line or the center line
of such street, alley, or railroad right-of-way, the flood boundaries,
or wetland boundaries as delineated on large-scale topographic maps
prepared by the City or as determined by using flood profiles and
accompanying hydrologic and hydraulic engineering data, said approximate
boundaries shall be construed to be the zoning district boundary line.
C.
Split zoning of newly created lots not allowed. The rezoning of any
lot or parcel into more than one standard zoning district shall not
be allowed. Use of overlay zoning districts and the Planned Development
District shall be excepted. Where a district boundary line divides
a lot in single ownership on the effective date of this chapter, the
Zoning Board of Appeals, after due hearing, may extend the regulations
for either portion of such lot.
D.
Zoning district boundary lines on unsubdivided property. In unsubdivided
property, the location of the zoning district boundary lines shown
on the Zoning Maps shall be determined by:
(1)
For unsubdivided property, the district boundary lines shown on the
maps shall be determined by use of the scale shown on such maps;
(2)
In the case of flood boundaries, shall be determined by using flood
profiles and accompanying hydrologic and hydraulic engineering data;
or
(3)
Be in accordance with the dimensions shown on the map measured at
right angles from the center line of the street or highway, and the
length of frontage shall be according to dimensions shown on the map
from section, quarter-section, or division lines, or center lines
of streets, highways, or railroad rights-of-way unless otherwise shown.
E.
Locating shoreland-wetland boundaries. Where an apparent discrepancy
exists between Shoreland-Wetland Districts shown on the official wetland
maps and actual field conditions at the time the maps were adopted,
the Zoning Enforcement Officer shall contact the appropriate field
office of the WDNR to determine if the Shoreland-Wetland District
as mapped is in error. If the WDNR staff concur with the Zoning Enforcement
Officer that a particular area was incorrectly mapped as a wetland,
the Zoning Enforcement Officer shall have the authority to immediately
grant or deny a land use permit in accordance with the regulations
applicable to the correct zoning district. In order to correct wetland
mapping errors shown on the Official Zoning Map, the Zoning Enforcement
Officer shall be responsible for initiating a map amendment within
a reasonable period of time.
All streets, alleys, public ways, waterways, and railroad rights-of-way,
if not otherwise specifically designated, shall be deemed to be in
the same zoning district as the property immediately abutting upon
such alleys, streets, public ways, waterways, and railroad rights-of-way.
Where the center line of a street, alley, public way, waterway, or
railroad right-of-way serves as a district boundary, the zoning of
such areas, unless otherwise specifically designated, shall be deemed
to be the same as that of the abutting property up to such center
line.
A.
Temporary zoning. Except as provided in § 62.233, Wis. Stats., an annexation ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in § 660-197 and § 62.23(7)(d), Wis. Stats. All real estate that is annexed to the City shall be automatically classified in the Rural Development (RD) District upon annexation, unless otherwise classified by amendment.
B.
Recommendation. Before introduction of an ordinance containing such
a temporary classification, the proposed classification shall be referred
to and recommended by the Plan Commission, which shall cause a Class
1 notice to be published, and which shall hold a public hearing on
the proposed interim zoning classification. The authority to make
such temporary classification shall not be effective when the county
ordinance prevails during litigation as provided in § 59.69(7),
Wis. Stats.
A.
Standard zoning districts.
(1)
Residential districts.
(a)
Single-family districts.
[1]
Rural Development (RD) District. This district is intended to
permit development which is solely of a rural community character.
The land use standards for this district permit very low density single-family
detached residential development, as well as a variety of agricultural
and agriculture-supporting land uses. Density and intensity standards
for this district are designed to ensure that development which requires
even a minimum of urban services does not occur until such services
are available. As such, the Rural Development District shall either
serve as a designation which preserves and protects agricultural activities,
or as a "holding zone" which provides for an interim land use (agriculture)
that will easily permit further development (with rezoning to another
district) at the appropriate time. In this manner, even if all property
were developed in a given area with the RD District designation, the
rural community character of that area would still be maintained.
This district has a maximum density of one dwelling unit per 35 acres
of land area.
[2]
Single-Family Residential-4 (R1-4) District. The purpose of
the Single-Family Residential-4 District is to accommodate lower-density
single-family residential development in the City. This district primarily
consists of post-World War II residential neighborhoods that have
a suburban character, and has a maximum density of approximately four
units per acre.
[3]
Single-Family Residential-6 (R1-6) District. The purpose of
the Single-Family Residential-6 District is to accommodate medium-density
single-family residential development in the City. This district primarily
consists of post-World War II residential neighborhoods that have
a urban character, and has a maximum density of approximately six
units per acre.
[4]
Single-Family Residential-8 (R1-8) District. The purpose of
the Single-Family Residential-8 District is to accommodate higher-density
single-family residential development in the City. This district primarily
consists of older platted residential neighborhoods that have a urban
character, and has a maximum density of approximately eight units
per acre.
(b)
Two-family districts. Two-Family Residential-8 (R2-8) District.
The purpose of the Two-Family Residential-8 District is to preserve
higher-density single- and two-family residential development in older
neighborhoods of the City, and to accommodate new residential development
with a similar character. The R2-8 District also provides for auxiliary
dwelling units compatible with surrounding residential neighborhoods.
The district is intended to provide the principal location for single-family
attached dwelling types, including duplexes, twin houses, and two-flats.
This district has a maximum density of approximately eight units per
acre.
(c)
Multiple-family districts. Multifamily Residential-12 (R3-12)
District. The purpose of the R3-12 Multifamily Residential District
is to accommodate a range of housing densities and a variety of housing
types and styles, with a maximum density of approximately 12 units
per acre.
(2)
Nonresidential districts.
(a)
Business and office districts.
[1]
Downtown Business (B1) District. The purpose of the Downtown
Business District is to provide for the maintenance and orderly growth
of a traditional, pedestrian friendly, compact district of retail,
service, office, and higher density residential uses in the central
area of the City. A wide range of office, retail, and lodging land
uses are permitted within this district. Development within the B1
District is intended to promote the rehabilitation and full utilization
of existing older structures as well as appropriate redevelopment
to assist in maintaining the long-term viability of the center of
the community.
[2]
Neighborhood Business (B2) District. The purpose of the Neighborhood
Business District is to provide locations for small-scale service,
retail and office uses that primarily serve the convenience needs
of neighborhoods. The B2 District permits a mix of uses, but care
must be taken to ensure that adequate access, parking and screening
is provided so as not to negatively impact adjoining residential neighborhoods.
[3]
Planned Business (PB) District. The purpose of the Planned Business
District is intended to provide for the orderly and attractive grouping
at appropriate locations of commercial activities of a more general
retail and wholesale nature, and of the office and service facilities
serving a larger community trade area. Uses in the PB District have
the potential to generate significant automobile traffic, and therefore
care must be taken to properly design access and parking facilities.
Since this district is located along the roads that serve as gateways,
quality building architecture, landscaping and other site improvements
are necessary to ensure this type of development enhances Lake Mills'
image. The size and location of such districts shall be based upon
relationship of the community need and economy. Uncoordinated, piecemeal
development of small parcels that do not fit into a larger context
are discouraged in the PB District. Compatible land uses, access,
traffic circulation, stormwater management and natural features, all
should be integrated into an overall development plan. Because this
district is primarily at high-visibility locations, quality building
architecture, landscaping and other site improvements are required
to ensure superior aesthetic and functional quality.
(b)
Industrial districts.
[1]
General Industrial (I1) District. This district is intended
to provide for the same type of manufacturing and industrial development
as in the PI District, but in those areas where the relationship to
surrounding land use would create fewer problems of compatibility
and would not necessitate as stringent regulatory controls. This district
should not normally abut directly upon residential uses without the
use of increased setbacks or extensive landscape buffers.
[2]
Heavy Industrial (I2) District. The purpose of the Heavy Industrial
District is to provide areas suitable for primary and secondary processing,
manufacturing and remanufacturing or reprocessing of all types, with
related outdoor storage and incidental sales. The I2 District is appropriate
where the location has access to an arterial street or highway, an
active rail corridor, and where uses will not create significant adverse
impacts on residential, commercial or other nonindustrial uses in
the area. It must be emphasized that this is not a district where
virtually any land use is permitted.
[3]
Planned Industrial (PI) District. The Planned Industrial District
is intended to provide for the orderly and attractive grouping in
appropriately landscaped grounds of any manufacturing or industrial
operation which, on the basis of actual physical and operational characteristics,
would not be detrimental to the surrounding area or to the community
as a whole by reason of noise, dust, smoke, odor, traffic, physical
appearance or other similar factor; and to establish such regulatory
controls as will reasonably insure compatibility with the surrounding
area.
B.
Special purpose districts. Planned Development District (PDD). The purpose of the Planned Development District is intended to provide more incentives for redevelopment in areas of the community which are experiencing a lack of reinvestment, or which require flexible zoning treatment because of factors which are specific to the site. This district is designed to forward both aesthetic and economic objectives of the City by controlling the site design and the land use, appearance, density, or intensity of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure long-term progress and broad participation toward these principles. Refer to § 660-206 for the procedures applicable to proposal review in this standard zoning district. The City intends to use the Planned Development District to provide a mechanism for review of planned neighborhoods, mixed use, and traditional neighborhood developments.
C.
Overlay zoning districts.
(1)
Lake Residential Overlay (LRO) District. This district is intended
to apply to lake shore properties with specialized regulations appropriate
to their unique character; with particular recognition of the disproportionately
high land value of lake frontage, the problems of over intensive exploitation
of such frontage resulting from excessive demand, the extreme vulnerability
of lake shore properties to nuisance and to adverse effect on property
value, and the problems of pollution and public safety resulting from
over use.
(2)
Public and Institutional Overlay (PIO) District. The purpose of the
Public and Institutional Overlay District is to regulate the development
of larger public and semipublic uses in a manner harmonious with surrounding
uses. The PI District designation is intended to provide an area for
activities relating to necessary public services, provide for continued
operation and facilitate managed growth of existing institutions,
and provide and protect parks, open space and other natural, physical
assets of the community to improve the aesthetic and functional features
of the community.
(3)
Historic Preservation Overlay (HPO) District. This district is intended to preserve and enhance the historical quality of Lake Mills' historic neighborhoods, places, and corridors. As emphasized in the Comprehensive Plan, the HPO District is designed to forward aesthetic objectives of the City by controlling the appearance of development within the district in a manner which is consistent with historic neighborhood design principles. The application of these standards will ensure long-term progress and broad participation toward these principles. Section 660-180 outlines the procedures applicable to proposal review in this overlay district.
(4)
Wellhead Protection Overlay (WPO) District. The purpose of the WPO
District is to protect the City's municipal water supply and areas
from which City wells draw water, and to promote the public health,
safety and general welfare of the residents of the City. The residents
of the City depend exclusively on groundwater for a safe drinking
water supply and certain land use practices and activities can seriously
threaten or degrade groundwater quality.
(5)
Shoreland-Wetland Overlay (SWO) District. The SWO District is intended
to preserve, protect, and enhance the ponds, streams, and wetland
areas of the City. The preservation, protection, and enhancement of
these areas will serve to maintain safe and healthful conditions;
maintain and improve water quality, both ground and surface; prevent
flood damage; control stormwater runoff; protect stream banks from
erosion; protect groundwater recharge and discharge areas; protect
wildlife habitat; protect native plant communities; avoid the location
of structures on soils which are generally not suitable for use; and
protect the water-based recreational resources of the City.
(6)
Floodplain Overlay (FPO) District. The purposes of the Floodplain
Overlay District are to: ensure public safety through reducing the
threats to life and personal injury; eliminate new hazards to emergency
response officials; prevent the occurrence of public emergencies resulting
from water quality contamination, and pollution due to flooding; avoid
the loss of utility services which if damaged by flooding would disrupt
or shut down the utility network and impact regions of the community
beyond the site of flooding; eliminate costs associated with the response
and cleanup of flooding conditions; and reduce damage to public and
private property resulting from flooding waters.
(7)
Conservancy Overlay (CO) District. The purpose of the Conservancy
Overlay District is to protect the public health, safety, comfort
and welfare and reducing financial burdens imposed on the community
and its individuals by restricting the use of many of those areas
within the City that are subject to periodic inundation, high groundwater
table, unstable soil conditions, presence of primary and secondary
environmental corridors, etc. It is the intention of the City to allow
the development of such areas through the process of rezoning, provided
the difficulties inherent in soil conditions can be overcome.
D.
Extraterritorial zoning districts.
(1)
A1 Exclusive Agriculture District, ETZ. The long-range goal for agricultural
land use within Jefferson County is to preserve the most valuable
of resources that of fertile land for agricultural pursuits, and to
protect the land best suited for farming from premature urbanization.
The agricultural district regulations are therefore designed to regulate
the use of land and structures within the areas of the county where
soil and topographic conditions are best adapted to agricultural pursuits.
The agricultural lands best suited for farming and for protection
against development are prime agricultural lands as defined in the
Jefferson County Zoning Ordinance. Jefferson County's A1 Exclusive
Agriculture District regulations are incorporated herein by reference
and made a part of the extraterritorial zoning regulations set forth
in this chapter.
(2)
R1 Single-Family Residential District, ETZ. This district is intended
to permit development which has a low-density community character.
The land use standards for this district allow primarily single-family
detached residential development and a variety of related institutional,
recreational, and social land uses. The City of Lake Mills Single-Family
Residential-4 (R1-4) District regulations are incorporated herein
by reference and made a part of the extraterritorial zoning regulations
set forth in this chapter.
(3)
R3 Multifamily Residential District, ETZ. This district is intended to permit development which has a higher-density community character. The land use standards for this district primarily allow single-family detached, twin house/duplex, two flats, townhouses, and multifamily residential development and a variety of related institutional, recreational, and social land uses. The City of Lake Mills Multifamily Residential-12 (R3-12) District regulations are incorporated herein by reference and made a part of the extraterritorial zoning regulations set forth in this chapter. The performance standards and design review requirements set forth in Article V of this chapter of the City of Lake Mills Code are also applicable and incorporated herein by reference.
(4)
PB Planned Business District, ETZ. This district is intended to permit large- and small-scale commercial development which is compatible with the desired overall community character of the area in general. Significant areas of landscaping are required in this district to ensure that this effect is achieved. A wide range of office, retail, and lodging land uses are permitted within this district. The performance standards and design review requirements set forth in Article V of this chapter of the City of Lake Mills Code are also applicable and incorporated herein by reference.
(5)
PO Planned Office District, ETZ. This district is intended to permit high-quality office and institutional land uses at an intensity compatible with the overall character of the City. A relatively low maximum floor area ratio (FAR) and significant areas of landscaping are required in this district to ensure that this effect is achieved. The performance standards and design review requirements set forth in Article V of this chapter of the City of Lake Mills Code are also applicable and incorporated herein by reference.
(6)
PDD, Planned Development Overlay District, ETZ. This overlay district is intended to permit greater flexibility and, consequently, more creative and imaginative design for the development of a site than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of land while providing a harmonious mix of land uses, a higher level of amenities, adequate buffering between adjacent uses, and preservation of the natural qualities of open spaces. The City of Lake Mills Planned Development Overlay District regulations in §§ 660-63A and 660-206 are incorporated herein by reference and made a part of the extraterritorial zoning regulations set forth in this chapter.
A.
Intent. The intent of these extraterritorial zoning (ETZ) regulations
is to promote public health, safety, and general welfare, and to provide
sound controls over land uses within the areas over which the governing
body of the City of Lake Mills has jurisdiction pursuant to § 62.23(7a)
of the Wisconsin Statutes. These ETZ regulations and associated map
have been approved by the Joint Extraterritorial Zoning Committee
for the City of Lake Mills and Town of Lake Mills, and all necessary
public hearings have been held and all approving and recommending
actions taken by the Town and the City, as called for by the Wisconsin
Statutes.
B.
Scope. The restrictions and requirements set forth in this chapter
shall be deemed the minimum necessary to conserve the value of land
and buildings and encourage the most appropriate use of land, to lessen
congestion in the streets, secure safety from fire and other dangers,
promote health and general welfare, provide adequate light and air,
prevent overcrowding of land, avoid undue concentration of population,
and facilitate the adequate provision of transportation, water, sewers,
schools, parks, and other public requirements.
C.
Authority. Should the requirements of this chapter be found in conflict
with any state statute, local ordinance, or regulation, or any existing
easement, covenant or agreement, or any permits previously issued
pursuant to law applicable to the use of any land or structure in
the area specified herein as the extraterritorial zoning jurisdiction
limits, the more restrictive law, ordinance, regulation, restriction,
or requirement shall govern.
D.
Description of extraterritorial zoning area. The lands affected by
this chapter are those described in Resolution 02-44,[1] and as referred to as the North Growth Area in an intergovernmental
agreement between the City and the Town of Lake Mills, and as is further
shown in an exhibit to that agreement, all of which are incorporated
herein by reference. In the event of any dispute regarding the location
or extent of the ETZ area, the determination of whether an area is
included within or excluded from the extraterritorial zoning area
shall refer to § 63.23(7a) of the Wisconsin Statutes, which
requires all boundary lines to follow government lot or survey section
or fractional section lines or public roads.
[1]
Editor's Note: Said resolution is titled, "A Resolution Declaring
Intent to Exercise Extraterritorial Jurisdiction in the Town of Lake
Mills."
A.
Purpose. The purpose of this section is to indicate which land uses
may locate in each zoning district and under what requirements; and
which land uses may not locate therein. A further distinction is made
for land uses which may locate in a given district only upon obtaining
a conditional or temporary use permit to do so. Finally, certain land
uses may locate in a given district as a matter of right upon compliance
with special regulations for such a land use.
B.
Regulation of allowed uses. The land uses listed in Subsection C are specifically designated and refer to the detailed listing of land uses contained in Article IV, Standards and Regulations for Specific Land Uses.
(1)
Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter; per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter including § 660-197; and per any and all other applicable City, county, state, and federal regulations.
(2)
Land uses permitted as a conditional use. Land uses permitted as a conditional use are subject to all the requirements applicable to uses permitted by right as listed in Subsection B(1) above, plus any additional requirements applicable to that particular land use as contained in Article IV, Standards and Regulations for Specific Land Uses, including any additional requirements imposed as part of the conditional use process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Also reference § 660-195, Conditional uses.
(3)
Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection B(1) above, plus any additional requirements applicable to that particular land use as contained in Article IV, Standards and Regulations for Specific Land Uses.
(4)
Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection B(1), above, plus any additional requirements applicable to that particular land use as contained in Article IV, Standards and Regulations for Specific Land Uses.
C.
Matrix of Land Uses. The matrix indicates, by zoning district, the
land uses or activities permitted by right (P), permitted by conditional
use (C), permitted as a temporary use (T), and permitted as an accessory
(A). Blank spaces in the matrix specify that a listed activity or
use is prohibited.[1]
[1]
Editor's Note: The Matrix of Land Uses is included as an attachment to this chapter.
A.
Purpose. The purpose of this section is to indicate the requirements
for building location and bulk in both residential and nonresidential
developments.
B.
Lot requirements.
(1)
Minimum lot size. In any residence district, on a lot of record on
the effective date of this chapter, a single-family dwelling may be
established regardless of the size of the lot, provided all other
requirements of this chapter are complied with. Notwithstanding anything
contained herein to the contrary, the shape and dimension of any nonconforming
lot of record as of the effective date of this chapter may be modified
by altering the lot lines; provided, however, that the alteration
for modification of the lot line does not result in any greater nonconformity
than that which existed as of the effective date of this chapter.
(2)
Through lots.
(a)
In any residence district where a lot runs through a block from
street to street, a front yard as hereinafter provided shall be required
along each street lot line not a side street lot line.
(b)
In any commercial or industrial district where a lot runs through
a block from street to street, the requirements for a rear yard may
be waived by furnishing an equivalent open space on the same lot in
lieu of the required rear yard.
(c)
Lots on district boundaries. Any side yard, rear yard or court
abutting a district boundary line shall have a minimum width and depth
in the less restricted district equal to the average of the required
minimum widths and depths for such yards and courts in the two districts
which abut the district.
(d)
Lot grades on through or corner lots. Where a lot abuts on two
or more streets or alleys having different average established grades,
the higher of such grades shall control only for a depth of 120 feet
from the line of the higher average established grade.
(e)
Lot area not to be reduced below requirements. No lot area shall
be so reduced that the dimensions and yard requirements imposed by
this chapter cannot be met.
C.
Bulk standards. All lots shall comply with the standards prescribed by this section. These standards are related to the specific zoning district used. Bulk Regulations are listing in the Table found in Subsection I below.
D.
Number of buildings on a zoning lot. All principal buildings shall be located on a zoning lot. Only one principal building shall be located, erected, or moved onto a lot in all districts by right. The Plan Commission may permit more than one principal building per lot by conditional use as outlined in § 660-195 for the orderly development of the parcel. When additional structures are permitted, the Plan Commission may impose additional yard requirements, floor area ratio limitations, residential density requirements, land use intensity requirements, landscaping requirements, or parking requirements, or may require a minimum separation distance between principal buildings.
E.
Yard requirements where different districts abut. Any side yard,
rear yard or court abutting a district boundary line shall have a
minimum width and depth in the less restricted district equal to the
average of the required minimum widths and depths for such yards and
courts in the two districts which abut the district boundary line.
F.
Front yard setback adjustment. Front yard setbacks should be adjusted
as follows when the described conditions or circumstances exist:
(1)
Setbacks from ultimate street right-of-way line. On all streets or
highways for which the ultimate width has been established by the
City of Lake Mills Official Map, and/or subsequent amendments thereto
to those documents, the base setback line shall be located at the
established ultimate street and/or highway right-of-way line as prescribed
by this chapter. Required setbacks shall be measured from the base
setback line.
(2)
Average front yard setback. Reduced building setbacks: A setback of less than that required by Table 3.2, where there is at least one main building on either side of the applicant's lot within 200 feet of the proposed site that is built to less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site or, if there is an existing main building on only one side, the setback shall be the average of the existing building and the required setback. Any other setback may be permitted by the Zoning Board of Appeals, according to § 660-176 of this chapter, upon a written finding of unnecessary hardship.
(3)
Corner lot setbacks. Corner lots shall be determined to have two
front yards and two side yards. Corner lot setback requirements on
a side street shall meet the requirements set forth in this chapter.
G.
Intrusions into required yards. The minimum setback requirements
of each zoning district establish the minimum required yards for all
uses, except those exempted by the provisions of this section or necessary
for life-safety issues.
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Table 3.1: Intrusions into Required Yards
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Yard Type
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Projection, Obstruction, or Accessory Use
|
Front
|
Rear
|
Side
| |
|
Air-conditioning units, window only (not to exceed 2 feet)
|
P
|
P
|
P
| |
|
Air-conditioning equipment shelters (not less than 5 feet from
any property line); may be reduced with an supporting letter from
abutting property owner.
|
N
|
P
|
P
| |
|
Arbors and trellises
|
P
|
P
|
P
| |
|
Awnings and canopies projecting into 10% or less of yard depth
(for windows only and when attached to a principal structure)
|
P
|
P
|
P
| |
|
Balconies, open
|
P
|
P
|
P
| |
|
Basketball goal (limited to 1 pole-mounted or garage-mounted
goal in residential zoning districts only and not closer than 5 feet
from property line)
|
P
|
P
|
P
| |
|
Chimneys (not to exceed 2 feet)
|
P
|
P
|
P
| |
|
Decks, open (not less than 10 feet from any property line)
|
N
|
P
|
P
| |
|
Dish antennas
|
N
|
P
|
N
| |
|
Dog runs, enclosed
|
N
|
P
|
N
| |
|
Eaves, overhanging (not to exceed 3 feet)
|
P
|
P
|
P
| |
|
Equipment shelters (not less than 5 feet from property line)
|
N
|
P
|
P
| |
|
Essential services, utilities, and electric power and communication
transmission lines
|
P
|
P
|
P
| |
|
Flagpoles
|
P
|
P
|
P
| |
|
Gardens, vegetable
|
P
|
P
|
P
| |
|
Gutters (not to exceed 3 feet)
|
P
|
P
|
P
| |
|
Landscape buffer yards
|
P
|
P
|
P
| |
|
Laundry drying equipment
|
N
|
P
|
P
| |
|
Lawn furniture
|
P
|
P
|
P
| |
|
Light standards, ornamental
|
P
|
P
|
P
| |
|
Loading, off-street, open
|
N
|
P
|
P
| |
|
Parking, off-street, open (not less than 5 feet from any property
line)
|
P
|
P
|
P
| |
|
Patios, open without roof (not less than 5 feet from any property
line)
|
N
|
P
|
P
| |
|
Porches/breezeways with roof, sides open (not less than 5 feet
from property line)
|
N
|
P
|
P
| |
|
Ramps for use by persons with disabilities (not closer than
3 feet to property line)
|
P
|
P
|
P
| |
|
Recreational vehicle parking or storage (not less than 5 feet
from any front property line and 2 feet from any side yard)
|
N
|
P
|
P
| |
|
Signs (not less than 5 feet from any property line)
|
P
|
P
|
P
| |
|
Skateboard ramps (not less than 5 feet from any property line)
|
N
|
P
|
N
| |
|
Stairways, open without roof (not less than 5 feet from any
property line)
|
N
|
N
|
N
| |
|
Television or radio towers or antennas
|
N
|
P
|
P
| |
|
Recreation courts, private (not less than 10 feet from any property
line)
|
N
|
P
|
N
| |
|
Terraces, open without roof (not less than 4 feet from any property
line)
|
N
|
P
|
P
| |
|
Trash dumpsters and/or garbage receptacles (also subject to
the other provisions of this chapter and not less than 5 feet from
any property line)
|
N
|
P
|
P
| |
|
Trees, shrubs, and flowers
|
P
|
P
|
P
| |
|
Walls (not including retaining walls)
|
N
|
P
|
P
| |
|
Walls, retaining
|
P
|
P
|
P
| |
|
Windows, bay cantilevered (not to exceed 3 feet)
|
P
|
P
|
P
| |
|
Other accessory uses (as may be permitted elsewhere in this
chapter)
|
N
|
P
|
N
| |
H.
Exceptions to maximum height regulations. The maximum height regulations
listed for residential and nonresidential uses and accessory structures
in each zoning district are the maximum permitted heights for all
buildings and structures, except those exempted by this section below.
(1)
In all districts. Chimneys, antennas and communications equipment
accessory to the principal structure, and ornamental roof projections,
provided such projections are solely ornamental and do not form an
integral part of the structure's roof. Church spires, belfries, cupolas
and domes which do not contain usable space, public monuments, water
towers, fire and hose towers, flag poles.
(2)
In the Public and Institutional Overlay District. Churches, schools,
hospitals, sanatoriums and other public and quasi-public buildings
may be erected to a height not exceeding 45 feet nor three stories,
provided the front, side and rear yards required in the district in
which such building is to be located are each increased at least one
foot for each foot of additional building height above the height
limit otherwise established for the district in which such building
is to be located.
(3)
For all structures, except single-family, duplex, or similar two-family
residential uses. Cooling towers, elevator bulkheads, fire towers,
public monuments, smoke stacks, storage tanks, cooling tanks, water
towers, spires, domes, ornamental towers, observation decks, and communications
towers and appurtenances, all of which are subject to site plan approval
and are required to be in accordance with all other ordinances or
regulations of the City.
I.
Bulk regulations. Table 3.2, Bulk Regulation Table is included as an attachment to this chapter.
A.
Upon and after the effective date of this chapter, no lot shall be
created which does not meet the minimum zoning district area requirements
of each zoning district or the minimum lot area requirements of each
zoning district or which does not meet the lot dimension requirements
of each zoning district.
B.
A lot of record existing upon the effective date of this chapter
in a residential district, which does not meet the applicable minimum
zoning district area, lot area, or dimensions, may be used for a detached
single-family dwelling if said lot area and each lot dimension are
equal to or greater than 70% of the requirements of this chapter,
and if all other applicable zoning district standards are met. Said
lot shall not be more intensively developed (with multifamily or nonresidential
uses) unless combined with one or more abutting lots (or portions
thereof) so as to create a lot which meets the requirements of this
chapter.
A.
Continuation. Any structure lawfully existing upon the effective
date of this chapter may be continued at the size and in a manner
of operation existing upon such date, except as provided in this section.
B.
Damaged or destroyed. A nonconforming structure damaged or destroyed
on or after the effective date of this chapter by violent wind, vandalism,
fire, flood, ice, snow, mold, or infestation may be restored to the
size and/or location without any limits on the costs of the repair,
reconstruction, or improvement in accordance with Wis. Stats. § 62.23(7)(hc).
C.
Expansion or improvement. Any lawful nonconforming structures existing at the time of the adoption or amendment of the chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. Any lawful nonconforming structures may be allowed to be extended, enlarged, reconstructed, moved or structurally altered, provided that said extension, enlargement, reconstruction, movement or alteration complies with the bulk requirements of the specific zoning district, except for the existing nonconformance. However, the nonconforming feature of a lawful nonconforming structure shall not be allowed to become more nonconforming by being extended, enlarged, reconstructed, moved or structurally altered except as permitted under Subsection D below or when required to do so by law, or order, or to comply with the provisions of this chapter, or with the approval of the Zoning Board of Appeals.
D.
Unsafe structures. Nothing in this chapter shall preclude the Zoning
Enforcement Officer or any other City official from initiating remedial
or enforcement actions when a lawful nonconforming structure is declared
unsafe or presents a danger to the public health, safety, or welfare.
E.
Ordinary maintenance. Ordinary maintenance repairs, including repairs
reasonably necessary to prevent the deterioration of a structure,
and remodeling of a nonconforming structure are permitted, as well
as necessary nonstructural repairs and alterations which do not extend,
enlarge, or intensify the nonconforming structure. Ordinary maintenance
repairs and remodeling include internal and external painting, decorating,
paneling, the addition of acoustical ceilings, the installation of
heating, electricity, plumbing (including fixtures) or insulation,
and the replacement of doors, windows, and other nonstructural components.
F.
Timing of building permit. Any structure for which a building permit
has been lawfully granted prior to the effective date of this chapter
or an amendment, which will become nonconforming under the provisions
of this chapter or that amendment thereto, may be completed in accordance
with the approved plans. If all such conditions are met, the structure
shall thereafter be a legal nonconforming structure.
A.
Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter or any amendment to it may be continued at the size and in a manner of operation existing upon such date, except as specified in this section. Any prior legal use made nonconforming by this chapter or by an amendment to it may be granted legal conforming status by the issuance of a conditional use, subject to the standards and procedures prescribed by § 660-195. Any prior legal use made nonconforming by a modification to the Official Zoning Map after the effective date of this chapter may be granted legal conforming use status, subject to the standards and procedures prescribed by § 660-197.
B.
Modification of a nonconforming use.
(1)
Except as permitted in this section, a nonconforming use shall not
be expanded, enlarged, extended or reconstructed, unless the use is
changed to a use permitted in the district in which the use is located,
or shall not be changed to another nonconforming use.
(2)
A nonconforming nonresidential use not served by public sanitary
sewer and/or public water may be permitted to expand without being
served by public sanitary sewer and/or public water if either or both
facilities are not available within 1,000 feet of the subject property,
and a conditional use permit is granted for such expansion.
C.
Discontinuance of a nonconforming use. When any nonconforming use
of any structure or land is discontinued for a period of 12 consecutive
months, or is changed into a conforming use, any future use of said
structure or land shall be in complete conformity with the provisions
of this chapter.
D.
Maintenance and repair of a nonconforming use. The ordinary maintenance
and repair of a nonconforming use (structure or land) is permitted,
including necessary repairs and incidental alterations which do not
exacerbate the adverse impacts of the nonconforming use in relation
to the purpose of this chapter. Except as otherwise provided in this
section, whenever a nonconforming use is damaged to the extent of
more than 50% of its current equalized assessed value, it shall not
be restored except in conformity with the regulations of the district
in which it is located. Notwithstanding the previous sentence, the
structural repairs or alterations in a structure either itself nonconforming
or containing a nonconforming use shall not during its lifetime exceed
50% of the present equalized assessed value of said structure unless
permanently changed to a conforming use. Pursuant to § 62.23(7)(hc),
Wis. Stats., a nonconforming structure damaged or destroyed by violent
wind, vandalism, fire, flood, ice, snow, mold or infestation after
March 2, 2006, may be restored to, or replaced at, the size, location,
and use that it had immediately before the damage or destruction occurred,
and no limits may be imposed on the costs of the repair, reconstruction,
or improvement of said structure. The size of the structure may be
larger than the size it was immediately before the damage or destruction
if necessary for the structure to comply with applicable state or
federal requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Planned development district.
(1)
Approval. All planned development districts shall comply with the regulations outlined in § 660-206, Planned Development District (PDD) procedures.
(2)
Permitted location. A PDD may be established for any parcel or tract of land that has a minimum size of 1/2 acre (21,780 square feet) in accordance with the approval process established in § 660-206. PDDs shall be permitted with the approval of a PDD Overlay Zoning District, specific to the approved PDD, within any one or more standard zoning districts identified in § 660-52.
[Amended 12-1-2020 by Ord. No. 1220]
(3)
Flexible development standards. The following exemptions to the development
standards of the underlying zoning district may be provided with the
approval of a planned development district:
(a)
Land use requirements. All land uses listed in the districts established in § 660-52 may be permitted within a PDD.
(b)
Number of buildings on a lot. More than one building on a lot/parcel
shall be permitted in a planned development district.
(c)
Mixed uses. A mix of different uses within a planned development
district may be permitted if the Plan Commission and City Council
determine that the mix of uses is compatible and necessary to achieve
the objectives of the PDD.
(d)
Density and intensity requirements. All requirements listed in § 660-57, Bulk regulations, for residential density and nonresidential intensity may be waived within a PDD. The planned development district may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district.
(e)
Bulk requirements. All requirements listed in § 660-57, Bulk regulations, may be waived within a PDD.
(f)
Landscaping requirements. Specific requirements listed in § 660-113, Landscape and buffers, may be waived or altered within a PDD.
(h)
Application of the subdivision and platting code. To the extent applicable, any PDD shall be subject to the procedures and regulations of Chapter 650, Subdivision Regulations, of the Code of the City of Lake Mills.However, the design standards and required improvements established in Chapter 650, Subdivision Regulations, may be modified or waived upon recommendations by the Plan Commission and the Public Works Board, and approval by the City Council, where strict compliance would result in not achieving the design flexibility necessary to achieve the objectives of the planned development.
(4)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required general development plan (discussed in greater detail later in this section) approved by the City Council as part of the approved planned development district shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading), is otherwise listed as permitted in § 660-57, Bulk regulations. Requested exemptions from these standards shall be made explicit by the petitioner in the application, and shall be recommended by the Plan Commission and approved explicitly by the City Council. If not so requested and approved, such exemptions shall not be permitted.
(5)
The burden of providing evidence and persuasion that any such exceptions
are necessary and desirable shall in every case rest with the petitioner.
It shall not be sufficient to base justification for approval upon
an already existing planned development district. Each planned development
district shall be presented and judged on its own merits.
B.
Lake Residential Overlay (LRO) District.
(1)
Pier, wharf, boat shelter, boat hoist, and boat lift structures.
(a)
Eligibility. Only riparian properties shall be eligible to install
or construct such structures.
(b)
Regulations. All structures shall comply with the regulations
outlined in Chapter 30 of the Wisconsin Statutes and Ch. NR 326 of
the Wisconsin Administrative Code.
(c)
Permits. A building permit issued by the City of Lake Mills
shall not be required prior to construction.
C.
Public and Institutional Overlay (PIO) District.
D.
Historic Preservation Overlay (HPO) District.
(1)
Designation. For purposes of this chapter, a historic structure,
historic site, or historic district designation may be placed on any
site, natural or improved, including any building, improvement or
structure located thereon, or any area of particular historic, architectural,
archeological or cultural significance to the City such as historic
structures, sites, or districts which:
(a)
Exemplify or reflect the broad cultural, political, economic
or social history of the nation, state or community;
(b)
Are identified with historic personages or with important events
in national, state or local history;
(c)
Embody the distinguishing characteristics of an architectural
type or specimen inherently valuable for a study of a period, style,
method of construction, or of indigenous materials or craftsmanship;
(d)
Are representative of the notable work of a master builder,
designer or architect who influenced their age; or
(e)
Have yielded, or may be likely to yield, information important
to prehistory or history.
(2)
Consideration. The Historic Preservation Commission, within the context
of deliberating on a nomination submitted to designate a historic
structure, site or district, shall consider any or all of the following:
(a)
Age of the structure. Age alone shall not be the sole factor
considered in determining historical designation.
(b)
Official documents of any type from any governmental agency
at any level.
(c)
Sworn affidavits from any individual.
(d)
Any statement, written or verbal, from the current owner of
the nominated property.
(e)
Written or verbal statements from acknowledged experts in the
fields of history, architecture, archeology, anthropology, or real
estate. The Commission retains the authority to determine the expert
status of individuals under this subsection.
(f)
Plans, drawings, sketches, maps, and any other document that
has been recorded at the Register of Deeds or Clerk for any county
in the State of Wisconsin.
(3)
Research. The Historic Preservation Commission, within the context
of deliberating on a nomination submitted to designate a historic
structure, site, or district, may consider any or all of the following:
(a)
Newspaper, magazine, periodical, or newswire articles, including
pictures or photographs.
(b)
Video or audio tapes of a commercial or public broadcast network
or station.
(c)
Unsworn statements from any individual, including but not limited
to photographs and letters.
(d)
Any item from the files of the local, county, or state historical
societies.
(4)
Regulation of construction, alteration and demolition.
(a)
No owner or person in charge of a historic structure, historic
site or structure within a historic district shall alter, demolish
or remove all or any part of the exterior of such property or construct
any improvement upon such designated property or properties or cause
or permit any such work to be performed upon such property or demolish
such property unless a certificate of approval has been granted by
the Historic Preservation Commission. Also, unless such certificate
has been granted by the Commission, the Zoning Enforcement Officer
shall not issue a permit for any such work.
(b)
Upon the filing of any application for a certificate of approval
with the Commission, the Commission shall review the application using
the following guidelines, and shall not unreasonably deny issuance
of the certificate of approval, provided:
[1]
In the case of a designated historic structure or historic site,
the proposed work would not detrimentally change, destroy, or adversely
affect any exterior feature of the improvement or site upon which
said work is to be done in accordance with the guidelines for alterations
as follows:
[a]
Height. All additions shall be no higher than the
existing building.
[b]
Second exit platforms. Second exit platforms shall
not be applied to the front or sides of a building, unless they are
not visible from the street.
[c]
Solar apparatus. Passive and active solar apparatus
shall be allowed only if such devices do not detract from the architectural
integrity of the building and are as unobtrusive as possible.
[d]
Repairs. Repairs in materials that exactly duplicate
the original in composition, texture, and appearance are encouraged.
Repairs in new materials that duplicate the original in texture and
appearance are also permitted. Repairs in materials that do not duplicate
the original in appearance may be permitted on an individual basis,
providing the repairs are compatible with the character and materials
of the existing building and repairs that duplicate the original in
appearance are prohibitively expensive.
[e]
Restoration. Projects that will return the appearance
of the building to an earlier appearance are encouraged and shall
be permitted if such projects are documented by photographs, architectural
or archaeological research, or other suitable evidence.
[f]
Re-siding with aluminum or vinyl. Re-siding with
aluminum or vinyl which replaces clapboards or nonoriginal siding
on buildings originally sided with clapboards may be permitted, providing
the new siding imitates the width of the original siding within one
inches, the wood graining, and providing architectural details (such
as window trim, wood cornices, and ornament) either remain uncovered
or are generally duplicated in appearance.
[g]
Storms, screens, and storm doors. The repair and
retention of original storms, screens and storm doors, or the replacement
of same with new units that duplicate the original in materials and
appearance is encouraged. Replacements with nonoriginal materials,
such as combination metal components, may also be permitted. If metal
components are used, owners are encouraged to use metal components
which have been factory painted.
[h]
Additions and alterations to street facades. The
appearance of all street facades of a building shall not be altered
unless the design is sensitive to the historic character of the building.
Specifically, the design or alteration shall be compatible with the
existing building in scale, color, texture, and the proportion of
solids to voids.
[i]
Alterations to the roof. Roof alterations, resulting
in increased building volume, to provide additional windows or skylights,
headroom, or area are prohibited. The roof shape of the front of the
building shall remain the same unless the owner wishes to restore
an earlier, documentable appearance. Changes in roofing materials
(excluding color changes) are prohibited unless the existing materials
are no longer produced or the cost of production and installation
exceeds 10% of the assessed value of the structure, in which case
the new roof materials shall resemble existing materials as closely
as economically possible or the materials shall closely resemble an
earlier documentable material.
[2]
In the case of the construction of a new improvement upon a
historic site, or within a historic district, the exterior of such
improvement would not adversely affect nor disharmonize with the external
appearance of other improvements on such site or within the district,
and the Historic District Guidelines for New Construction, incorporated
herein by reference, shall be applicable to all new construction proposals
within a historic district.
[3]
In the case of any property located in a historic district,
the proposed construction, reconstruction, exterior alteration or
demolition conforms to the purpose and intent of this section and
to the objectives and design criteria of the historic preservation
plan for said district;
[4]
The building or structure is of such architectural or historical
significance that its demolition would not be detrimental to the public
interest nor contrary to the general welfare of the people of the
City and state;
[5]
In the case of a request for the demolition of a deteriorated
building or structure, the economic hardship or difficulty claimed
by the owner is not self-created nor is it the result of failure by
the owner to maintain the property in good repair.
(c)
If the Commission determines the application for a certificate of approval and the proposed changes are consistent with the guidelines of § 660-63D(4)(b), it shall issue the certificate of approval. The Commission shall make this decision within 60 days of the filing of the application.
(d)
The issuance of a certificate of approval shall not relieve
the applicant from obtaining other permits and approvals required
by the City. A building permit or other municipal permit shall be
invalid if it is obtained without the presentation of the certificate
of approval required for the proposed work.
(e)
Ordinary maintenance and repairs may be undertaken without a
certificate of approval, provided the work involves repairs to existing
features of a historic structure or site or the replacement of elements
of a structure with pieces identical in appearance and provided the
work does not change the exterior appearance of the structure or site
and does not require the issuance of a building permit.
(5)
Recognition of historic structures, sites and districts. At such
time as a historic structure, site or district has been properly designated,
the Commission, in cooperation with the property owner, may cause
to be prepared and erected on such property, at City expense, a suitable
plaque declaring that such property is a historic structure, site
or district. The City's share of the plaque shall not exceed $100.
E.
Wellhead Protection Overlay (WPO) District. See § 660-128, Wellhead Protection Overlay (WPO) District.
