The purpose of this article is to indicate which land uses may
locate in each zoning district and under what requirements; and which
land uses may not locate therein. Certain land uses may locate in
a given district as a matter of right upon compliance with special
regulations for such a land use. A further distinction is made for
land uses that may locate in a given district only upon obtaining
a conditional use or temporary use permit.
The allowable land uses for each zoning district are established in Article 2 of this chapter. Detailed descriptions and regulations for uses are found in §§ 390-0305 through 390-0316. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this chapter or unless an appropriate variance has been granted pursuant to § 390-1215.
A.
Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter "P" in the Table of Land Uses; see § 390-0305) are permitted per the general land use requirements of this section; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this chapter; and per any and all other applicable Village, county, state, and federal regulations.
B.
Principal land uses allowed as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in the Table of Land Uses; see § 390-0305) may be permitted, subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in § 390-1207. 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. Except for uses approved under a general development plan and final development plan in a planned development (see § 390-0709), all uses requiring a conditional use permit shall comply with the procedural requirements of § 390-1207.
C.
Accessory land uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection A above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection B above.
All uses of land initiated within the jurisdiction of this chapter
on or following the effective date of this chapter shall comply with
all of the provisions of this chapter.
A.
Land use regulations and requirements. All uses of land shall comply
with all the regulations and requirements of this chapter pertaining
to the types of uses allowed within particular zoning districts. Such
regulations and requirements address both general and specific regulations
that land uses shall adhere to and that are directly related to the
protection of the health, safety, and general welfare of the residents
of the Village of Williams Bay.
B.
Accessory land uses. Accessory land uses shall comply with the regulations
and requirements of this chapter as well as the following listed regulations:
(1)
No accessory structure or use shall be constructed on any lot
prior to establishment of an allowable principal use, unless otherwise
stated in this chapter.
(2)
Accessory structures and uses shall not be located between a
principal building and a street frontage on the same lot, nor within
any required front yard or street side yard, except when there is
a shore yard. In instances where there is a shore yard, shore yards
shall be treated as front yards and street yards as rear yards, whereby
accessory structures may be located between a principal building and
a street frontage on the same lot.
(3)
With the exception of home occupations, accessory uses and structures
shall not involve the conduct of business, trade, or industry.
(4)
With the exception of an in-home suite (see § 390-0315D), or accessory dwelling units (see § 390-0315E), in no instance shall an accessory structure, basement, tent, or recreational trailer be used as a residence.
(5)
With the exception of farm buildings, accessory buildings located
within a residential zoning district shall be constructed or finished
in a complementary architectural style and with complementary building
materials to the principal residential buildings in the neighborhood.
C.
Density, intensity, and bulk regulations and requirements. All development
and use of land shall comply with all the applicable requirements
of Article 4 of this chapter pertaining to the maximum permitted density,
intensity, and bulk regulations.
D.
Overlay zoning district requirements. All land use and/or development
of land shall comply with all the regulations and requirements of
this chapter pertaining to the protection of sensitive natural resources
and open space areas and protection of community character, as established
under any applicable Overlay Zoning Districts in Article 7 of this
chapter.
E.
Exterior site and building design standards. All new, remodeled, and expanded residential and nonresidential development shall comply with all the applicable building and site design guidelines as required in § 390-0802 of this chapter.
F.
Performance standards. All development of land shall comply with
all applicable requirements established in Article 8 of this chapter,
pertaining to the provision of appropriate access, parking, loading,
storage, and lighting facilities. Such requirements address issues
such as maximum permitted access points, minimum required parking
spaces, the screening of storage areas, maximum permitted intensity
of lighting, design requirements for exterior equipment such as communication
systems; as well as defining acceptable levels of potential nuisances
such as noise, vibration, odors, heat, glare, and smoke.
G.
Landscape and preservation regulations. All development of land shall
comply with all the regulations and requirements of Article 9 of this
chapter pertaining to the preservation of woodlands and mature trees,
and the provision of landscaping and buffer yards. These requirements
address issues such as minimum required landscaping of developed land
and minimum required provision of buffer yards between adjoining zoning
districts, which are directly related to the effective bulk of a structure.
H.
Signage regulations. All use and/or development of land shall comply
with all requirements of Article 10 pertaining to the type and amount
of signage permitted on property. These requirements address issues
such as the maximum area of permitted signage and the number and permitted
types of signage.
I.
Number of buildings per lot. In the AH, ER, SF-1, SF-2, SF-3, SF-6, SF-CPP, and TF Districts, only one principal building shall be permitted on any one lot. In the MF-12, MF-18, SB, LSB, CB, VC, P&I, P&R, LI, and GI Districts, more than one principal building may be permitted on any one lot upon granting of a conditional use permit for group development (Subsection K) or large development (Subsection L).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
J.
Number of land uses per building. No more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development (Subsection K) or large development (Subsection L) is obtained. With the exception of "mixed-use dwelling units," "home occupation," and "in-home suite" land uses, and buildings located within an approved planned development project (see § 390-0709), no building containing a nonresidential land use shall contain a residential land use.
K.
Group development requirements. All uses and/or development of land within a group development shall comply with the requirements of § 390-0821.
L.
Large development requirements. All uses and/or development of land within a large development shall comply with the requirements of § 390-0821.
M.
Any development proposed within 500 feet of existing or proposed
rights-of-way of freeways, expressways, and interstate and controlled
access traffic ways and/or within 1,500 feet of an existing or proposed
interchange or turning lane right-of-way for these classifications
of roadways shall be conditional uses.
N.
Planned development requirements. All uses and/or development of land within a planned development shall comply with all requirements of § 390-0709.
O.
Nonconforming lots, uses, structures, and site requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in § 390-0602. Land uses located on substandard lots or nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of § 390-0604.
P.
Site plan review required. All uses are subject to site plan review and approval in accordance with § 390-1206 of this chapter, except for the following:
Q.
Procedural regulations and requirements. All use and/or development
of land shall comply with all requirements of Article 12, pertaining
to the procedures necessary to secure review and approval of land
use and/or development. Such regulations and restrictions address
both procedural and technical requirements.
The land use categories employed by this chapter are defined in §§ 390-0306 through 390-0316. Land use categories that are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 390-1216 empowers the Village Board to make interpretations on matters regarding specific land use proposals that are not addressed by this chapter.
The Table of Land Uses (Figures 390-0305A through 390-0305J) is provided as a convenience for the Zoning Administrator and the general public. Where there are conflicts between the text in §§ 390-0306 through 390-0316 or in other sections of this chapter and Figures 390-0305A through 390-0305J, the text shall prevail.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
A.
Single-family. A fully detached single-family residence located on
an individual lot having no roof, wall, or floor in common with any
other dwelling unit. Single-family land uses shall adhere to the following
standards:
(1)
The dwelling unit must be a site-built structure constructed
in compliance with the State of Wisconsin Uniform Dwelling Code (UDC),
or may be a manufactured dwelling as permitted by the UDC or a manufactured
home that has received a Federal Manufactured Housing Certificate
label.
(2)
The dwelling unit must be attached to a finished, permanent
foundation, such as a poured concrete slab or basement meeting UDC
requirements.
(3)
The dwelling unit roof shall have a pitch of at least three
feet in rise for every 12 feet in run, except by conditional use permit.
(4)
Dwelling units may not be split into two or more dwelling units,
except for permitted accessory dwellings meeting the requirements
of this chapter.
(5)
Figure 390-0306A is intended to provide a graphic depiction
of the setback and dimensional requirements for single-family land
uses. Specific requirements for single-family uses can be found in
Article 2 under the density, intensity, and bulk requirements for
each residential zoning district.
(6)
Minimum required off-street parking: two spaces.
|
Key to Figure 390-0306A
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
|
Figure 390-0306A
 |
B.
Two-flat. A single structure with two separate dwelling units, with
each unit having a private individual access and no shared internal
access. Two-flats are attached dwelling units within a two-story structure,
with one unit above the other. Two-flats shall adhere to the following
standards:
(1)
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
(2)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(3)
Dwelling units may not be split into additional dwelling units.
(4)
Figure 390-0306B is intended to provide a graphic depiction
of the setback and dimensional requirements for two-flat land uses.
Specific requirements for two-flats can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(5)
Minimum required off-street parking: two spaces per dwelling
unit.
|
Key to Figure 390-0306B
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
|
Figure 390-0306B
 |
C.
Twin-house. A single structure with two separate dwelling units,
each having a private individual access, and no shared internal access.
Similar to duplexes, twin-houses are attached side-by-side units,
each with a shared ground floor and roof. Unlike duplexes, twin-houses
are located on shared, single lots. Twin-houses shall adhere to the
following standards:
(1)
A Uniform Dwelling Code required fire rated wall must separate
the two dwelling units from the lowest level of the structure to flush
against the underside of the roof.
(2)
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
(3)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(4)
Dwelling units may not be split into additional dwelling units.
(5)
Figure 390-0306C is intended to provide a graphic depiction
of the setback and dimensional requirements for twin-house land uses.
Specific requirements for twin-houses can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(6)
Minimum required off-street parking: two spaces per dwelling
unit.
|
Key to Figure 390-0306C
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
|
Figure 390-0306C
 |
D.
Duplex. A single structure with two separate dwelling units, each
having a private individual access and no shared internal access.
Duplexes are attached side-by-side units, each with a shared ground
floor and roof. Each dwelling unit in a Duplex is located on its own
lot. Duplexes shall adhere to the following standards:
(1)
A Uniform Dwelling Code required fire rated wall must separate
the two dwelling units from the lowest level of the structure to flush
against the underside of the roof.
(2)
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
(3)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(4)
Dwelling units may not be split into additional dwelling units.
(5)
Figure 390-0306D is intended to provide a graphic depiction
of the setback and dimensional requirements for duplex land uses.
Specific requirements for duplexes can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(6)
Minimum required off-street parking: two spaces per dwelling
unit.
|
Key to Figure 390-0306D
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
|
Figure 390-0306D
 |
E.
Townhouse. Attached, two-story dwelling units, each having a private, individual access. Each dwelling unit may be located on its own lot or on a single lot within a group development (see § 390-0821). Each dwelling unit shares at least one common wall with an adjacent dwelling unit. Townhouses shall adhere to the following standards:
(1)
A Uniform Dwelling Code required fire-rated wall must separate
the two dwelling units from the lowest level of the structure to flush
against the underside of the roof.
(2)
No more than six and no fewer than three townhouse dwelling
units may be attached per group.
(3)
All townhouse units within a development shall be located a
minimum of 30 feet from the boundary of the development site.
(4)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(5)
Dwelling units may not be split into additional dwelling units.
(6)
Figure 390-0306E is intended to provide a graphic depiction
of the setback and dimensional requirements for townhouse land uses.
Specific requirements for townhouses can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(7)
Minimum required off-street parking: two spaces per dwelling
unit.
|
Key to Figure 390-0306E
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
|
Figure 390-0306E
 |
F.
Multiplex. A single structure with three or more individual attached
dwelling units, each with private, individual exterior entrances.
Multiplexes shall adhere to the following standards:
(1)
A building code required fire rated wall separating living areas
from the lowest level of the structure through the roof is required
between each dwelling unit.
(2)
All multiplex units within a development shall be located a
minimum of 30 feet from the boundary of the development site.
(3)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(4)
Dwelling units may not be split into additional dwelling units.
(5)
Figure 390-0306F is intended to provide a graphic depiction
of the setback and dimensional requirements for multiplex land uses.
Specific requirements for multiplexes can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(6)
Minimum required off-street parking: 1.25 spaces per studio
apartment, 1.5 spaces per one-bedroom apartment, and two spaces per
two-bedroom and larger apartments.
|
Key to Figure 390-0306F
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
Figure 390-0306F
 |
G.
Apartment. A single structure with three or more individual attached
dwelling units, each taking access from a shared entrance or hallway.
Apartments shall adhere to the following standards:
(1)
A building code required fire-rated wall separating living areas
from the lowest level of the structure to the underside of the roof
is required between each dwelling unit.
(2)
Must provide evidence of covenants specifying the obligations
for each dwelling unit with respect to any common structures, such
as the shared wall, roof, and other inseparable improvements.
(3)
As part of the conditional use requirement for group developments (see § 390-0821), any development comprised of one or more buildings that contain six or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.
(4)
Dwelling units may not be split into additional dwelling units.
(5)
Figure 390-0306G is intended to provide a graphic depiction
of the setback and dimensional requirements for apartment land uses.
Specific requirements for apartments can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(6)
Minimum required off-street parking: 1.25 spaces per studio
apartment, 1.5 spaces per one-bedroom apartment, and two spaces per
two-bedroom and larger apartments.
|
Key to Figure 390-0306G
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
Figure 390-0306G
 |
H.
Mobile home. A fully detached, single-family dwelling unit that has
not received a Federal Manufactured Housing Certificate. Mobile homes
shall adhere to the following standards:
(1)
No mobile home may be split into two or more dwelling units.
(2)
Each mobile home shall be located on an individually defined
lot of at least 5,000 square feet in area and at least 50 feet in
average width.
(3)
Each mobile home site shall be serviced with public sewer, water,
and electric service connections and shall be placed on a permanent
slab or solid foundation with appropriate skirting on all sides.
(4)
Each mobile home site shall be appropriately landscaped following
a plan prepared by a qualified professional.
(5)
Each mobile home site shall provide an adequate, visually screened
area for trash and garbage containers.
(6)
Figure 390-0306H is intended to provide a graphic depiction
of the setback and dimensional requirements for mobile home land uses.
Specific requirements for mobile homes can be found in Article 2 under
the density, intensity, and bulk requirements for each residential
zoning district.
(7)
Minimum required off-street parking: two spaces per mobile home.
|
Key to Figure 390-0306H
| |
|---|---|
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Front setback (lot line to principal building or attached garage)
|
|
C
|
Street side (corner lot) setback (lot line to principal building
or attached garage)
|
|
D
|
Interior side setback (lot line to principal building or attached
garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
Figure 390-0306H
 |
I.
Mobile home subdivision. A form of residential development that is exclusively reserved for individually sold lots containing mobile home units. Each lot and mobile home unit must meet the requirements for mobile homes listed in § 390-0306H above. Mobile home subdivisions shall adhere to the following standards:
(1)
Each lot and mobile home unit must meet the requirements for mobile homes listed in § 390-0306H above.
(2)
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
(3)
All electric, telephone, or cable television service cables
or wires within a mobile home park shall be located underground.
J.
Mobile home park. A form of residential development that is exclusively
reserved for individually sold or rented air right pads containing
mobile home units. mobile home parks shall adhere to the following
standards:
(1)
Each air right pad and mobile home unit shall meet the requirements for mobile homes listed in § 390-0306H above.
(2)
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
(3)
All electric, telephone, or cable television service cables
or wires within a mobile home park shall be located underground.
K.
Mixed-use dwelling unit. A residential dwelling unit located within
the same structure as another land use type (i.e., a mixed-use building),
such as directly above the ground floor of a building used for an
office, business, or institutional land use. Mixed-use dwelling units
shall adhere to the following standards:
(1)
The applicant must provide evidence of covenants specifying
the obligations for each dwelling unit with respect to any common
structures, such as the shared wall, roof, and other inseparable improvements.
(2)
Mixed-use dwelling units located on the ground floor of a building
used for an office, business, or institutional land use may not be
located within the first 24 feet of the ground floor as measured from
the front of the building.
(3)
Additional entrances shall not be added to the front elevation
of an existing building, but may be added to interior side, rear,
or street side elevations.
(4)
Mixed-use dwelling unit entry ways located off of a rear or
interior side yard shall be connected to a street frontage by a paved
walkway or driveway.
(5)
Minimum required off-street parking: one space.
A.
Cultivation. Operations primarily oriented to the on-site, outdoor
raising of plants for commercial purposes. This land use includes
the raising of trees as a crop to be replaced with more trees after
harvesting, such as in nursery or Christmas tree operations. The raising
of plants for consumption by farm animals is considered cultivation
if said plants are consumed by animals that are located off-site.
Cultivation land uses shall adhere to the following standards:
(1)
On buildable lots, which are platted in final form and served by improved streets and utilities, cultivation is not permitted within nonagricultural zoning districts except as a legal nonconforming use, or as legally reestablished per Subsection A(2)(a) below.
(2)
Reestablishment or new establishment of cultivation shall be
subject to the following additional requirements:
(a)
Except in the AH District, cultivation uses, once discontinued
for a period of 12 months, shall not be reestablished or newly established
except with the granting of a conditional use permit and shall be
limited to hay crops.
(b)
The applicant shall provide a site plan that clearly depicts
the area proposed for cultivation and all structures and land uses
on all adjoining properties. A current air photo may be used as a
base map for this site plan. The distances from the area to be cultivated
to all property lines and structures on adjoining properties shall
be measured and labeled on said site plan.
(c)
The applicant shall provide a written plan of operation describing
the proposed general timing and frequency of any and all farming activities
involving mechanized equipment. The plan of operation shall list the
times of operation of mechanized equipment, including earliest and
latest times during the day and likely months of mechanized activity.
Said plan of operation shall also list any and all chemicals to be
used.
(d)
Minimum required off-site parking: one space per employee on the largest work shift. [Notes: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 390-0805F(2)].
B.
Husbandry. Operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (defined in § 390-0114) per acre. This includes horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. The husbandry land use category excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds). "Indoor aquaculture" operations, as defined in § 390-0311D below, shall be regulated as a separate land use.
[Amended 7-18-2022 by Ord. No. 2022-10]
(1)
Any building housing animals shall be located a minimum of 300
feet from any residentially zoned property, 150 feet from any nonresidentially
zoned property (other than the AH District), and 100 feet from all
other lot lines.
(2)
The keeping and raising of hogs or fur-bearing animals shall
be prohibited.
(3)
Not more than one head of livestock or 20 head of poultry shall
be permitted for each 2 1/2 acres.
(4)
All outdoor animal containment areas (pastures, pens, and similar
areas) shall be located a minimum of 10 feet from any residentially
zoned property.
(5)
Any building housing animals and any outdoor animal containment
area shall be located outside of lands mapped in the floodplain overlay
districts and shall be located a minimum of 150 feet from any navigable
waterway.
(6)
Husbandry uses, once discontinued for a period of 12 months,
shall not be reestablished or newly established except with the granting
of a conditional use permit, and shall only be allowed in the AH District.
(7)
Minimum required off-street parking: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 390-0805F(2)].
C.
On-site agricultural retail. Land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations; such activity constitutes an "Indoor Sales or Service" use (see § 390-0310E), except that packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site. This land use category does not include market gardens, as described in § 390-0307I. On-site agricultural retail land uses shall adhere to the following standards:
(1)
No structure or group of structures shall exceed 500 square
feet in gross floor area.
(2)
No structure shall exceed 12 feet in height.
(3)
All structures shall meet all required setbacks for nonresidential
land uses.
(4)
All structures and fencing shall be located a minimum of 300
feet from any residentially zoned property.
(5)
Signage shall be limited to one on-site sign that shall not
exceed 30 square feet in area.
(6)
Such land use shall be served by no more than one driveway. Said driveway shall require a valid permit (per Chapter 314, Streets and Sidewalks, of the Village of Williams Bay Code of Ordinances).
(7)
The sale of products that are grown or otherwise produced on
nonadjacent property under the same ownership, or on property under
different ownership, shall be prohibited.
(8)
On-site agricultural retail uses, once discontinued for a period
of 12 months, shall not be reestablished or newly established except
with the granting of a conditional use permit, and shall only be permitted
in the AH District.
(9)
Minimum required off-street parking: one parking space shall be required for every 200 square feet of product display area. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 390-0805F(2).]
D.
Selective cutting. Any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting shall be limited to areas located within development pads that are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting (see Subsection E below).
E.
Clear cutting. The one-time, continuing, or cumulative clearing,
cutting, harvesting, or other destruction (including by fire) of trees
in an area (or combined areas) of more than 30% of the woodlands on
a property (or up to 100% for developments approved prior to the effective
date of this chapter). Clear cutting shall adhere to the following
standards:
(1)
Clear cutting is allowed only as a conditional use. Any owner
of property who intentionally clear cuts any area of his or her property
or who intentionally solicits or causes another to intentionally clear
cut any area of his or her property without first having secured a
conditional use permit for such activity shall be subject to a forfeiture
for such wrongful conduct and shall be required to implement the mitigation
standards required for the destruction of woodlands solely at his/her
expense, including costs associated with site inspection to confirm
the satisfaction of mitigation requirements. Areas having been clear
cut unintentionally as a result of fire shall not subject the owner
of the property to forfeiture for such nonapproved clear-cutting activity,
but shall require the satisfaction of mitigation requirements at the
owner's expense, including costs associated with site inspection to
confirm the satisfaction of mitigation requirements.
(2)
The applicant shall demonstrate that clear cutting will improve
the level of environmental protection on the subject property.
(3)
Areas of the subject property that are clear cut beyond the
limitations established above shall be replanted per the requirements
of Article 9. (Referenced article requires the replanting of trees
in other portions of the subject property, thereby freeing the currently
wooded area for development while ensuring that the amount of required
wooded area on the subject property remains constant.)
F.
Intensive agriculture. Operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 390-0114) per acre and/or agricultural activities requiring large investments in structures. This includes those animals listed under "husbandry." Examples of such land uses include feed lots, hog farms, poultry operations, outdoor commercial aquaculture (but not including "indoor aquaculture" land uses, defined in § 390-0311D), and certain other operations meeting these criteria. Intensive agriculture land uses shall adhere to the following standards:
(1)
Intensive agriculture uses shall not be located in or adjacent
to an existing or platted residential subdivision.
(2)
Intensive agriculture uses shall be completely surrounded by
a buffer yard with a minimum opacity of 1.0 (see Article 9).
(3)
All buildings, structures, outdoor storage areas, and outdoor
animal containment areas (pastures, pens, and similar areas) shall
be located a minimum of 300 feet from all residentially zoned property,
150 feet from any nonresidentially zoned property (other than the
AH District), and 100 feet from all other lot lines.
(4)
Any building housing animals and any outdoor animal containment
area shall be located outside of lands mapped in the floodplain overlay
districts and shall be located a minimum of 150 feet from any navigable
waterway.
(5)
Intensive agriculture uses shall be located in an area that
is planned to remain commercially viable for agricultural land uses.
(6)
Once discontinued for a period of 12 months, intensive agriculture
uses shall not be reestablished or newly established except with the
granting of a conditional use permit, and shall only be permitted
in the AH District.
(7)
Minimum required off-street parking: one space per employee on the largest work shift. [Note: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 390-0805F(2).]
G.
Agricultural services. Operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 390-0314B). Agricultural service land uses shall adhere to the following standards:
(1)
Agricultural service uses shall not be located in, or adjacent
to, an existing or platted residential subdivision.
(2)
All buildings, structures, outdoor storage areas, and outdoor
animal containment areas (pastures, pens and similar areas) shall
be located a minimum of 100 feet from all lot lines.
(3)
If within the AH District, agricultural service uses shall be
located in an area that is planned to remain commercially viable for
agricultural land uses.
(4)
Once discontinued for a period of 12 months, agricultural service
uses shall not be reestablished or newly established except with the
granting of a conditional use permit, and shall only be permitted
in the AH or GI Districts.
(5)
Minimum required off-street parking: one space per employee on the largest work shift. [Notes: Customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of § 390-0805F(2).]
H.
Community garden. Areas of land managed and maintained for cultivation
and related activities, which are often divided into two or more plots
to be cultivated by different persons or parties. Community gardens
may also be farmed collectively by members of the garden and may include
common areas maintained and used by group members. Community gardens
may be located on public or private lands. Community gardens shall
adhere to the following standards:
(1)
All activity areas and structures shall comply with the required
setbacks and height regulations for principal structures within the
zoning district.
(2)
Prior to the establishment of a community garden, the applicant
shall submit a site plan that includes the following information:
(a)
Name of the property owner, established sponsoring organization
and garden manager.
(b)
Indicates the locations of all structures; materials storage;
trash, waste, and compost areas; equipment storage; access for deliveries
and pickups; water availability; shaded rest area; and availability
of public parking.
(3)
The following structures are permitted in community gardens:
tool sheds, shade pavilions, hoop houses, barns, restroom facilities
with composting toilets, planting preparation houses, benches, bike
racks, raised/accessible planting beds, compost bins, picnic tables,
fences, garden art, rain barrel systems, beehives, and children's
play areas.
(4)
Signs shall not exceed a total aggregate area of 48 square feet.
I.
Market garden. Land uses that meet the definition of a community garden per § 390-0307H, but that also involve the on-site sales of food or plants grown on-site. Market gardens shall adhere to the following standards:
(1)
All activity areas and structures shall comply with the required
setbacks and height regulations for principal structures within the
zoning district.
(2)
Prior to the establishment of a market garden, the applicant
shall submit a site plan that includes the following information:
(a)
Name of the property owner, established sponsoring organization
and garden manager.
(b)
Indicates the locations of all structures; materials storage;
trash, waste, and compost areas; equipment storage; access for deliveries
and pickups; water availability; shaded rest area; and availability
of public parking.
(3)
The following structures are permitted within market gardens:
tool sheds, shade pavilions, hoop houses, barns, restroom facilities
with composting toilets, and planting preparation houses, benches,
bike racks, raised/accessible planting beds, compost bins, picnic
tables, seasonal farm stands, fences, garden art, rain barrel systems,
beehives, and children's play areas.
(4)
Seasonal farm stands shall be removed from the premises or stored
inside a building on the premises during that time of the year when
the garden is not open for public use.
(5)
Signs shall not exceed a total aggregate area of 48 square feet.
J.
Apiaries.
Operations involving the keeping of honeybees and the location and
maintenance of beehives. Apiary land uses shall adhere to the following
standards:
[Added 7-18-2022 by Ord.
No. 2022-10]
(1)
Only honeybees which are of the Eastern European genus of Apis mellifera
are permitted.
(2)
A maximum of 10 hives per parcel may be allowed dependent upon the
characteristics of each parcel and the use of adjoining parcels.
(3)
Hives and related structures that form the apiary must have a minimum
fifty-foot setback from any property line. The opening of the hive
shall be facing away from the property line.
(4)
A minimum six-foot closed fence or other flyway barrier of sufficient
height approved by the Village must be located between the hives and
all property lines located within 50 feet of the hives.
(5)
Hives shall have removable frames which may be stacked or with other
construction approved by the Village, and shall be kept in sound and
usable condition.
(6)
Hives must be provided with a constant source of freshwater designed
to allow bees to access the water by landing on a hard surface area.
This requirement does not apply to the period of time while bees are
in hibernation.
(7)
Hives must be actively managed and properly maintained. If not actively
managed and maintained, hives must be dismantled and removed.
(8)
If bees in a hive exhibit unusually aggressive characteristics, the
queen must be removed and a new queen may be inserted. Queens must
be selected from stock bred for gentleness and nonswarming characteristics.
A.
Indoor institutional - general. Indoor public and not-for-profit
community facilities that are 20,000 gross square feet or less, including
gyms, public or commercial swimming pools, libraries, museums, community
centers, schools, churches, nonprofit clubs, nonprofit fraternal organizations,
convention centers, and similar land uses. Indoor institutional -
general land uses shall adhere to the following standards:
(1)
An off-street passenger loading area shall be provided if the
majority of the users will be children (as in the case of a school,
church, library, or similar land use).
(2)
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
(3)
Minimum required off-street parking: generally, one space per
three expected patrons at maximum capacity; however, the following
specific requirements shall apply:
(a)
Church: one space per four seats at the maximum capacity.
(b)
Community or recreation center: one space per 300 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
(c)
Funeral home: one space per four patron seats at the maximum
capacity, or 35 spaces per chapel unit, whichever is greater. Plus,
one space per employee on the largest work shift.
(d)
Library or museum: one space per 250 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
(e)
Nursery or preschools: one space per each employee on the largest
work shift, plus one space per each six students at maximum capacity.
(f)
Elementary and junior high: one space per each employee.
(g)
Senior high: one space per each employee, plus one space per
each 10 students age 16 and older (based on maximum school capacity).
(h)
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
(i)
Fraternal organizations: one space per bed.
B.
Indoor institutional - intensive. Indoor public and not-for-profit
community facilities that are over 20,000 gross square feet, including
gyms, public or commercial swimming pools, libraries, museums, community
centers, schools, churches, nonprofit clubs, nonprofit fraternal organizations,
and all arenas, convention centers, hospitals, jails, prisons, and
similar uses of a size and character that typically serve the needs
of the whole community and region. Indoor institutional - intensive
land uses shall adhere to the following standards:
(1)
An off-street passenger loading area shall be provided if the
majority of the users will be children (as in the case of a school,
church, library, or similar land use).
(2)
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
(3)
Minimum required off-street parking: generally, one space per
three expected patrons at maximum capacity; however, the following
specific requirements shall apply:
(a)
Church: one space per four seats at the maximum capacity.
(b)
Community or recreation center: one space per 300 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
(c)
Funeral home: one space per three patron seats at the maximum
capacity, plus one space per employee on the largest work shift.
(d)
Library or museum: one space per 250 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
(e)
Nursery or preschools: one space per each employee on the largest
work shift, plus one space per each six students at maximum capacity.
(f)
Elementary and junior high: one space for each employee.
(g)
Senior high: one space per each employee, plus one space per
each 10 students age 16 and older (based on maximum school capacity).
(h)
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
(i)
Fraternal organizations: one space per bed.
(j)
Hospitals: two spaces per three patient beds, plus one space
per staff doctor, and one space for each other employee on the largest
work shift.
C.
Outdoor open space institutional. Privately held permanently protected
green space areas, cemeteries, open grassed areas not associated with
any particular active recreational use, and similar land uses. Outdoor
open space institutional land uses shall adhere to the following standards:
(1)
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
(2)
Minimum required off-street parking. No parking is required
for outdoor open space institutional land uses; however, for uses
accessory to cemeteries (e.g., mausoleums), parking may be required
per the recommendation of the Plan Commission or Zoning Administrator.
D.
Public services and utilities. All Village, county, state, and federally
owned facilities (except those defined in other land use categories
in this chapter), emergency service facilities such as fire departments
and rescue operations, wastewater treatment plants, public and/or
private utility substations, water towers, utility and public service
related distribution facilities, and similar land uses. Public services
and utilities land uses shall adhere to the following standards:
(1)
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
(2)
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
(3)
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
(4)
All outdoor storage areas adjoining a residentially zoned property
shall install and continually maintain a buffer yard with a minimum
opacity of 0.60 (see Article 9). Said buffer yard shall be located
at the property line adjacent to said residentially zoned property.
(5)
Wastewater treatment plants shall require a conditional use
permit in all districts in which public services and utilities land
uses are allowed.
(6)
Minimum required off-street parking: one space per employee
on the largest work shift, plus one space per company vehicle normally
stored or parked on the premises.
E.
Institutional residential. A form of residential development designed to accommodate institutional residential land uses, such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of § 62.23, Wis. Stats. (see §§ 390-0308F, 390-0308G, and 390-0308H). Institutional residential land uses shall adhere to the following standards:
(1)
No individual lots are required, although the development shall
contain a minimum of 800 square feet of gross site area for each occupant
of the development.
(2)
Project shall provide an off-street passenger loading area at
a minimum of one location within the development.
(3)
A minimum of 30% of the development's gross site area shall
be held as permanently protected green space.
(4)
Minimum required off-street parking. The following specific
parking requirements shall apply:
(a)
Senior housing or retirement housing: one space per dwelling
unit.
(b)
Assisted-living or limited-care facility: one space per dwelling
unit.
(c)
Monastery, convent, or dormitory: one space per three residents,
plus one space per employee on the largest work shift, plus one space
per five chapel seats if the public may attend.
(d)
Nursing home or hospice: one space per three patient beds, plus
one space per each employee on the largest work shift.
F.
Community living arrangement (one to eight residents). Facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community-based residential facilities. Community living arrangements do not include group day-care centers (see § 390-0310O); nursing homes (an institutional residential land use); hospitals, prisons, or jails (all indoor institutional - intensive land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in § 62.23(7)(i), Wis. Stats., provided any such regulations do not violate federal or state housing or antidiscrimination laws. Community living arrangements housing up to eight residents shall adhere to the following standards:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all sizes) in the Village shall
not exceed 1% of the Village's population unless specifically authorized
by the Village Board following a public hearing.
(4)
Minimum required off-street parking: three spaces.
G.
Community living arrangement (nine to 15 residents). See description under Subsection F above. Community living arrangements housing nine to 15 residents shall adhere to the following standards:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all sizes) in the Village shall
not exceed 1% of the Village's population unless specifically authorized
by the Village Board following a public hearing.
(3)
Minimum required off-street parking: four spaces.
H.
Community living arrangement (16+ residents). See description under Subsection F above. Community living arrangements housing 16 or more residents shall adhere to the following standards:
(1)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity unless
the Plan Commission and Village Board agree to a reduction in spacing.
(2)
The total capacity of all community living arrangements (of
all sizes) in the Village shall not exceed 1% of the Village's population
unless specifically authorized by the Village Board following a public
hearing.
(3)
Minimum required off-street parking: one space per every three
residents.
A.
Passive outdoor recreation. Recreational land uses located on public
property that involve passive recreational activities. Such land uses
include arboretums, natural areas, wildlife areas, hiking trails,
bike trails, cross country ski trails, horse trails, picnic areas,
picnic shelters, botanical gardens, fishing areas, and similar land
uses. Passive outdoor recreation land uses shall adhere to the following
standards:
(1)
Minimum required off-street parking: one space per four expected
patrons at maximum capacity for any use requiring over five spaces.
B.
Active outdoor recreation. Recreational land uses located on public
or private property (including school district property) where low-impact,
active recreational activities are provided. Such land uses include
play courts (such as tennis courts and basketball courts), playfields
(such as ball diamonds, football fields, and soccer fields), neighborhood
parks, tot lots, swimming beach areas, fitness courses, golf courses,
and similar land uses. Active outdoor public recreation land uses
shall adhere to the following standards:
(1)
Facilities that adjoin residentially zoned property and use
recreational facility night lighting shall install and continually
maintain a buffer yard with a minimum opacity of 0.60 (see Article
9). Said buffer yard shall be located at the property line adjacent
to said residentially zoned property.
(2)
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
(3)
Facilities that serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children.
(4)
Minimum required off-street parking. Generally, one space per
four expected patrons at maximum capacity for any use requiring over
five spaces; however, the following specific requirements shall apply:
C.
Intensive outdoor activity. Land uses located on public or private
property that require intensive lighting and that generate regional
traffic and noise beyond property lines. Such land uses include amusement
parks, water parks, fairgrounds, outdoor stadiums, race tracks, ski
hills, drive-in theaters, miniature golf, driving ranges, competition
oriented athletic facilities, marinas, yacht clubs, and similar land
uses. Intensive outdoor activity land uses shall adhere to the following
standards:
(1)
Facilities that adjoin residentially zoned property and use
night lighting shall install and continually maintain a buffer yard
with a minimum opacity of 1.0 (see Article 9). Said buffer yard shall
be located at the property line adjacent to said residentially zoned
property.
(2)
Facilities that serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children.
(3)
A minimum setback of 100 feet shall be required to any activity
area other than parking.
(4)
Minimum required off-street parking: one space per four expected
patrons at maximum capacity.
D.
Lake-related recreation. Facilities include marinas, yacht clubs,
bait shops, boat launching ramps, boat slips, boat storage, docking
facilities, liveries, and boat repair and maintenance facilities,
including fuel pumps and dump stations for marine use. Lake-related
recreation land uses shall adhere to the following standards:
A.
Office. Exclusively indoor land uses whose primary functions are
the handling of information or administrative services. Such land
uses do not typically provide services directly to customers on a
walk-in or on-appointment basis. Office land uses shall adhere to
the following standards:
(1)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
B.
Personal or professional service. Exclusively indoor land uses whose
primary function is the provision of services directly to persons
on a walk-in or on-appointment basis. Examples of such uses include
professional services, insurance or financial services, realty offices,
hospitals, medical offices and clinics, veterinary clinics, barber
shops, beauty shops, and related land uses. Personal or professional
service land uses shall adhere to the following standards:
C.
Artisan studio. A building or portion thereof used by no more than three artists or artisans for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. For similar uses used by more than three artists or artisans, see artisan production shop in § 390-0310D. Artisan studios shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 0.60 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
Minimum required off-street parking: one space per 300 square
feet of gross floor area plus adequate on-site parking is required
for all customer and employee vehicles.
D.
Artisan production shop. An artisan studio used by more than three artists or artisans (see § 390-0310C above). Artisan production shops shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 0.60 shall be provided
along all property borders abutting residentially zoned property (Article
9).
(2)
Minimum required off-street parking: one space per 300 square
feet of gross floor area. Adequate off-street parking is required
for all customer and employee vehicles.
E.
Indoor sales or service. Land uses that conduct sales or display
merchandise or equipment, provide nonpersonal or nonprofessional services,
entirely within an enclosed building. This includes self-service facilities
such as coin-operated laundromats. Indoor sales or service land uses
shall adhere to the following standards:
(1)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
F.
Outdoor display. Land uses that conduct sales and display merchandise or equipment outside of an enclosed building. Examples of such land uses include outdoor vehicle rental, outdoor garden centers, outdoor recreation equipment sales, monument sales, and manufactured and mobile housing sales. Such land uses do not include the storage or display of inoperable equipment, or other materials typically associated with a junk or salvage yard (see § 390-0314D). If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered an incidental outdoor display accessory use under § 390-03150. Outdoor display land uses shall adhere to the following standards:
(1)
The area of outdoor sales shall be calculated as the area that
would be enclosed by a required physical separation installed and
continually maintained in the most efficient manner that completely
encloses all materials displayed outdoors.
(2)
The display of items shall not be permitted in required setback
areas, landscape areas, buffer yards, or permanently protected green
space areas.
(3)
In no event shall the display of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of this section. If the
number of provided parking stalls on the property is already less
than the requirement, such display area shall not further reduce the
number of parking stalls already present.
(4)
Display areas shall be separated from any traffic circulation
area by a minimum of 10 feet. This separation shall be clearly delimited
by a physical separation such as a greenway, curb, fence, or line
of planters, or by a clearly marked paved area.
(5)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including visibility between vehicles
and visibility between vehicles and pedestrians or bicyclists.
(6)
A buffer yard with a minimum opacity of 0.60 shall be provided along all borders of the display area abutting residentially zoned property, except per Subsection F(5) above (see Article 9).
(7)
The display of merchandise or equipment outdoors shall be permitted
during the entire calendar year. However, if and when goods are removed
from any display area, all support fixtures used to display the goods
shall be removed within 10 calendar days of the goods' removal.
(8)
Inoperable vehicles or equipment, or other items typically stored
or displayed in a junk or salvage yard, shall not be displayed for
this land use.
(9)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
G.
Indoor commercial entertainment. Land uses that provide entertainment
services entirely within an enclosed building. Such activities often
have operating hours that extend beyond most other commercial land
uses. Examples include restaurants, taverns, theaters, health or fitness
centers, all forms of training studios (dance, art, martial arts,
etc.), bowling alleys, arcades, roller rinks, and pool halls. Indoor
commercial entertainment land uses shall adhere to the following standards:
(1)
If located on the same side of the building that abuts residentially
zoned property, no customer entrance of any kind shall be permitted
within 150 feet, or as far as possible, of the residentially zoned
property.
(2)
A buffer yard with a minimum opacity of 0.60 shall be provided
along all borders of the property abutting residentially zoned property
(see Article 9).
(3)
Minimum required off-street parking: one space per every three
patron seats or lockers (whichever is greater); or one space per three
persons at the maximum capacity of the establishment (whichever is
greater).
H.
Outdoor entertainment. Land uses where entertainment services are
provided partially or wholly outside of an enclosed building. Such
activities often have the potential to be associated with nuisances
related to noise, lighting, dust, trash, and late operating hours.
Examples of such land uses include outdoor eating and drinking areas,
outdoor assembly areas, outdoor public or commercial swimming pools.
Outdoor entertainment land uses shall adhere to the following standards:
(1)
Activity areas shall not be located closer than 300 feet to
a residentially zoned property.
(2)
Where the use involves amplified sound, a buffer yard with a
minimum opacity of 0.80 shall be provided along all borders of the
property abutting residentially zoned property (see Article 9). Where
the use does not involve amplified sound, a buffer yard with a minimum
opacity of 0.50 shall be provided along all borders of the property
abutting residential zoned property.
(3)
Activity areas (including drive-in movie screens) shall not
be visible from any residentially zoned property.
(4)
Activities proposed in a public right-of-way or on Village-owned
property must receive Village Board approval for such use, in addition
to any required conditional use permit.
(5)
Minimum required off-street parking: one space for every three
persons at the maximum capacity of the establishment.
I.
Drive-through sales and/or service. Land uses that involve sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity. Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (e.g., a convenience store, restaurant, or bank), drive-through sales and service land uses shall be considered an accessory use (see § 390-0315U). This land use category does not include vehicle repair or maintenance services, which are handled as a separate land use (see § 390-0310S). Drive-through sales or Service land uses shall adhere to the following standards:
(1)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(2)
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(3)
In no instance shall a drive-through sales or service land use
be permitted to operate if it endangers public safety, even if such
land use has been permitted under the provisions of this section.
(4)
The setback of any overhead canopy or similar structure shall
be a minimum of 10 feet from all street right-of-way lines, a minimum
of 20 feet from all residentially zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy or similar structure shall not exceed
20 feet per the measurement of roof height.
(5)
Gasoline pumps associated with vehicular fuel stations shall
be set back a minimum of 20 feet from all street rights-of-way.
(6)
All vehicular areas of the site shall provide a surface paved
with concrete or bituminous material that is designed to meet the
requirements of a minimum four-ton axle load.
(7)
A buffer yard with a minimum opacity of 0.50 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(8)
Interior curbs shall be used to separate driving areas from
exterior fixtures such as fuel pumps, vacuums, menu boards, canopy
supports, and landscape islands. Said curbs shall be a minimum of
six inches high and shall be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
(9)
Any text or logo larger than one square foot per side on an
overhead canopy or other accessory structure shall be considered a
freestanding sign subject to regulation under Article 10 of this chapter.
(10)
Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass-through window and 40 feet beyond the pass-through window. This requirement may be adjusted by the Plan Commission through the conditional use process (see § 390-1207).
(11)
Minimum required off-street parking. Refer to the parking requirements
of the other land use activities on the site, such as indoor sales
and service land uses for a gas station/convenience store, or office
land uses for a bank.
J.
Bed-and-breakfast establishment. Exclusively indoor lodging facilities
that provide breakfast only to paying lodgers. Such land uses may
provide indoor recreational facilities for the exclusive use of their
customers. Bed-and-breakfast establishments shall adhere to the following
standards:
(1)
Bed-and-breakfast establishments shall provide no more than
eight rooms for rent, and shall not rent rooms to more than 20 persons
at one time.
(2)
Bed-and-breakfast establishments may only be located in structures
that were formerly occupied as a single-family residence.
(3)
If alcoholic beverages of any kind are to be served on the premises,
the owner of the establishment shall first obtain the appropriate
license in accordance with Village of Williams Bay and state regulations.
(4)
Each such establishment shall be inspected annually by the Building
Inspector to verify that the land use continues to meet all applicable
regulations. A fee for such annual inspection shall be imposed by
the Village.
(5)
One wall or monument sign, with a maximum area of 10 square
feet and maximum height of eight feet, shall be permitted on the property.
Backlit signage shall be prohibited. Signage shall be constructed
of materials compatible with a residential character, such as stone,
brick, and/or wood, as determined by the Plan Commission.
(6)
The bed-and-breakfast establishment shall be surrounded by a
buffer yard with a minimum opacity of 0.60 along all property borders
abutting residentially zoned property (see Article 9).
(7)
The dwelling unit in which the bed-and-breakfast establishment
takes place shall be the principal residence of the operator/owner
and said operator/owner shall live on the premises when the bed-and-breakfast
establishment is in operation.
(8)
Breakfast shall be the only meal served to overnight guests.
(9)
Each operator shall keep a list of names of all persons staying
at the bed-and-breakfast operation. This list shall be kept on file
for a period of one year. Such list shall be available for inspection
by Village officials at any time.
(10)
All bed-and-breakfast establishments shall have completed all
structural additions to the dimensions of the original structure before
the effective date of this subsection, May 11, 1990. After May 11,
1990, a renovation to the structure may be made only within the dimensions
of the original structure.
(11)
Additional requirements.
(a)
Application requirements. Applicants for a license to operate
a bed-and-breakfast establishment shall submit a floor plan of the
single-family dwelling unit illustrating that the proposed operation
will comply with the requirements of this chapter and other applicable
Village codes and ordinances.
(b)
Consideration of issuance. After the application has been filed
with the Village Clerk, the Plan Commission shall review and provide
a recommendation to the Village Board for a conditional use permit.
The Plan Commission shall hold a public hearing and determine whether
any further license shall be issued based upon the public convenience
and necessity of the people in the Village. In the Village's determination
of the number of bed-and-breakfast establishments required to provide
for such public convenience and necessity, the Village Board shall
consider the effect upon residential neighborhoods, conditions of
existing holders of licenses, and the necessity of issuance of additional
licenses for public service.
(c)
Public nuisance violations. Bed-and-breakfast establishments
shall not be permitted whenever the operation endangers, offends,
or interferes with the safety or rights of others so as to constitute
a nuisance.
(d)
Suspension, revocation, and renewal. Any license issued under
the provisions of this subsection may be revoked by the Village Board
for good cause shown after investigation and opportunity to the holder
of such license to be heard in opposition thereto; in such investigation,
the compliance or noncompliance with the state law and local ordinances,
the conduct of the licensee in regard to the public, and other consideration
shall be weighed in determination of such issue.
(12)
Minimum required off-street parking: one space per each bedroom
in addition to requirements for principal residents.
K.
Commercial indoor lodging. Facilities that provide overnight housing
in individual rooms or suites of rooms, each room or suite having
a private bathroom. Such land uses may provide in-room or in-suite
kitchens, and may also provide indoor recreational facilities for
the exclusive use of their customers. Restaurants, lounges, fitness
centers, and other on-site facilities available to non-lodgers are
considered accessory uses and therefore require review as a separate
land use. Commercial indoor lodging land uses shall adhere to the
following standards:
(1)
If located on the same side of the building that abuts residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of such residentially zoned property.
(2)
The lodging facility shall be surrounded by a buffer yard with
a minimum opacity of 0.60 along all property borders abutting residentially
zoned property (see Article 9).
(3)
Each and every room in the facility must take primary access
via an individual interior door, and may not be accessed via an external
balcony, porch, or deck, except for emergency purposes.
(4)
Minimum required off-street parking: one space per bedroom,
plus one space for each employee on the largest work shift, plus,
where applicable, one space per every three persons at maximum occupancy
of any public meeting or banquet spaces.
L.
Boarding house. Any residential use that rents rooms that do not
contain private bathroom facilities. Boarding houses shall adhere
to the following standards:
(1)
A buffer yard with a minimum opacity of 0.60 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
Boarding houses may only be located in an area of transition
from residential land uses to nonresidential land uses, as determined
by the Zoning Administrator.
(3)
Minimum required off-street parking: one space per each bedroom
for rent, in addition to requirements for principal residents.
M.
Tourist rooming house. A dwelling unit available for stays for one to six consecutive days by paying guests, which may or may not be owner-occupied for parts of the year. These uses are often referred to as vacation rentals and include timeshare units. Where such units are rented for more than six but less than 29 consecutive days, such use shall not be considered tourist rooming houses but instead shall be considered short-term rentals, separately described and regulated in Chapter 205, Article III, Short-Term Rental of Residential Dwellings, of the Village Code. Where such units are leased for periods longer than 28 consecutive days, such use shall also not be considered tourist rooming houses, but shall instead be considered "single-family" dwellings, separately described and regulated under this chapter. Also not included within this land use category are "bed-and-breakfast establishments," "commercial indoor lodging," or "boarding houses." Tourist rooming houses shall adhere to the following standards:
[Amended 8-20-2018 by Ord. No. 2018-6]
(1)
Occupancy shall be limited to two persons per bedroom, plus
an additional two persons. At no time may the number of guests exceed
eight regardless of the number bedrooms in the dwelling unit.
(2)
The maximum stay for any party other than the owner of the premises
shall be six consecutive days.
(3)
The number of guest vehicles allowed on site is limited to the
number of bedrooms in the unit. On-street parking is prohibited. No
recreational vehicle or tent may be used for living or sleeping purposes.
(4)
The appearance or use of the dwelling shall not be altered in
a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
(5)
The availability of the tourist rooming house to the public
shall not be advertised on site.
(6)
The tourist rooming house must be licensed by the State of Wisconsin.
(7)
Minimum required off-street parking: one space per each bedroom.
(8)
The total number of tourist rooming houses permitted in the
Village shall not exceed 15.
[Amended 6-20-2022 by Ord. No. 2022-03]
N.
Campground. Campgrounds include any facilities designed for overnight
accommodation of persons in tents, travel trailers, or other mobile
or portable shelters or recreational vehicles. Campgrounds shall adhere
to the following standards:
O.
Group day-care center (9+ children). Centers where qualified persons provide childcare services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day-care centers are not considered accessory uses and therefore require review as a separate land use. For in-home day care, see § 390-0315B. Group day-care centers shall adhere to the following standards:
(1)
Group day-care centers shall not be located within a residential
dwelling unit.
(2)
A buffer yard with a minimum opacity of 0.50 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(3)
The property owner's permission and signature is required as
part of the conditional use permit application.
(4)
Minimum required off-street parking: one space per five students,
plus one space for each employee on the largest work shift.
P.
Commercial animal boarding. Facilities that provide short-term and/or
long-term boarding for animals, commercial kennels, and commercial
stables. Exercise yards, fields, training areas, and trails associated
with such land uses are considered accessory to the principal use
and do not require separate consideration. Commercial animal boarding
facilities shall adhere to the following standards:
(1)
Each animal shall be provided with an indoor containment area.
(2)
The minimum permitted size of a horse or similar animal stall
shall be 100 square feet.
(3)
Special events such as shows, exhibitions, and contests shall
only be permitted when a temporary use permit has been secured.
(4)
Minimum required off-street parking: one space per every 1,000
square feet of gross floor area.
Q.
Indoor maintenance service. Land uses that involve maintenance and repair services and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an outdoor maintenance service land use (see § 390-0310R).
(1)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
R.
Outdoor maintenance service. Land uses that perform maintenance and
repair services and have all, or any portion, of their operations
located outside of an enclosed building. Outdoor maintenance services
shall adhere to the following standards:
(1)
All outdoor activity areas shall be completely enclosed by a
minimum six-foot-high fence. Such enclosure shall be located a minimum
of 50 feet from any residentially zoned property and shall be screened
from such property by a buffer yard with a minimum opacity of 0.60
(see Article 9).
(2)
Outdoor storage of abandoned or inoperable vehicles is prohibited.
(3)
Minimum required off-street parking: one space per 300 square
feet of gross floor area, or one space per each employee on the largest
shift, whichever is less.
S.
Vehicle sales. The sale and display of vehicles for sale or rent outside of an enclosed building. Such land uses may also include a repair shop associated with the vehicle display lot and sales building. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard (see § 390-0314D). Vehicles sales land uses shall adhere to the following standards:
(1)
The outdoor display and sales area shall be calculated as the
area that would be enclosed by a required physical separation installed
and continually maintained in the most efficient manner that completely
encloses all vehicles displayed outdoors.
(2)
The display of vehicles shall not be permitted within required
setback areas for the principal structure.
(3)
The display of vehicles shall not be permitted in permanently
protected green space areas, required landscaped areas, or required
buffer yards.
(4)
In no event shall the display of vehicles reduce or inhibit
the use or number of parking stalls provided on the property below
the requirement established by the provisions of this section. If
the number of provided parking stalls on the property is already less
than the requirement, such display area shall not further reduce the
number of parking stalls already present.
(5)
Display areas shall be separated from any traffic circulation
area by a minimum of 10 feet. This separation shall be clearly delimited
by a physical separation such as a greenway, curb, fence, or line
of planters, or by a clearly marked paved area.
(6)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including visibility between vehicles
or visibility between vehicles and pedestrians or bicyclists.
(7)
A buffer yard with a minimum opacity of 0.60 shall be provided along all borders of the display area abutting residentially zoned property, except per Subsection S(6) above (see Article 9).
(8)
Vehicle sales shall be permitted during the entire calendar
year. However, if and when vehicles are removed from the display area,
all support fixtures used to display the vehicles shall be removed
within 10 calendar days of the vehicles' removal.
(9)
Inoperable vehicles or equipment, or other items typically stored
or displayed in a junk or salvage yard, shall be prohibited.
(10)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
T.
Commercial greenhouse/garden center. Any business whose principal
activity is the retail selling of plants or plant by-products (including
fruits and vegetables) that are either grown or stored within an enclosed
building and/or structure constructed chiefly of glass or glasslike
material, cloth, or other transparent material. Such uses also often
involve the seasonal display of plants and related products outdoors.
Commercial greenhouses shall adhere to the following standards:
(1)
The display of items shall not be permitted in required landscaped
areas or buffer yards (Article 9).
(2)
The outdoor display of items shall not be permitted within required
setback areas for the principal structure.
(3)
In no event shall the outdoor display of items reduce or inhibit
the use or number of parking stalls provided on the property below
the requirement established by the provisions of this chapter. If
the number of provided parking stalls on the property is already less
than the requirement, such display area shall not further reduce the
number of parking stalls already present.
(4)
Outdoor display areas shall be separated from any vehicular
parking or circulation area by a minimum of 10 feet. This separation
shall be clearly distinguished by a physical feature or barrier such
as a greenway, curb, fence, or line of planters, or by a clearly marked
paved area.
(5)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
(6)
The business shall provide a buffer yard with a minimum opacity
of 0.60 along all borders of outdoor display areas abutting residentially
zoned property (see Article 9).
(7)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
U.
Sexually oriented land uses. Any facility oriented to the display
of "sexually oriented materials" such as videos, movies, photos, books,
or magazines; or actual persons displaying and/or touching sexually
specified areas; including the provision of body piercing or tattooing
services to "sexually specified areas." For the purpose of this chapter,
"sexually specified areas" include any of the following: genitals,
anal area, female areola or nipple. "Sexually oriented materials"
include any media that displays sexually specified area(s). Establishments
that sell or rent sexually oriented materials shall not be considered
sexually oriented if the area devoted to sale of said materials is
less than 5% of the sales area devoted to non-sexually oriented materials
and if such materials are placed in generic covers or otherwise obscured
areas. Sexually oriented land uses shall adhere to the following standards:
(1)
Facilities shall be located a minimum of 1,000 feet from any
commercially zoned property or residentially zoned property; and shall
be located a minimum of 1,000 feet from any school, church, or outdoor
recreational facility.
(2)
Exterior building appearance and signage shall be designed to
ensure that the use does not detract from the ability of businesses
in the vicinity to attract customers or affect the marketability of
properties in the vicinity for sale at their assessed values.
(3)
Minimum required off-street parking: one space per 300 square
feet of gross floor area, or one space per person at the maximum capacity
of the establishment, whichever is greater.
A.
Light industrial. Industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation that are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with the performance standards listed in Article 8. Light industrial land uses may conduct indoor sales as an accessory use, provided they are in compliance with the requirements of § 390-0315Q. Light industrial land uses shall adhere to the following standards:
B.
Heavy industrial. Land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances that are detectable at the property line; and may involve materials that pose a significant safety hazard. Examples of heavy industrial land uses include meat product producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; recycling facilities not involving the on-site storage of salvage materials; and large-scale alcoholic beverage producers exceeding the production limits in Ch. 125, Wis. Stats. Heavy industrial land uses shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all borders of the property other than those abutting permanent
open space areas are not zoned General Industrial (see Article 9).
(2)
All buildings and outdoor activity areas shall be located a
minimum of 600 feet from all property zoned in a residential zoning
district or the P&I Zoning District. This distance may be increased
at the discretion of the Plan Commission and/or Village Board for
certain heavy industrial uses where it is determined, by the Plan
Commission and/or Village Board, that additional distance is needed
to adequately mitigate the potential negative impacts of the specific
land use being proposed.
(3)
No equipment or materials shall be stacked or otherwise stored
so as to be visible over buffer yard screening elements.
(4)
In no instance shall a heavy industrial land use exceed the
performance standards listed in Article 8.
(5)
Minimum required off-street parking: one space per each employee
on the largest work shift.
C.
Production greenhouse. Any business whose principal activity is the
growing and wholesaling of plants or plant by-products (including
fruits and vegetables) that are either grown or stored within an enclosed
building or structure constructed chiefly of glass or glasslike material,
cloth, or other transparent material. Such uses also often involve
the seasonal display of plants and related products outdoors. Production
greenhouses shall adhere to the following standards:
(1)
The outdoor display of items shall not be permitted in required
setbacks, buffer yards, or landscaped areas.
(2)
In no event shall the display of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of this section. If the
number of provided parking stalls on the property is already less
than the requirement, such display area shall not further reduce the
number of parking stalls already present.
(3)
Storage and/or outdoor display areas shall be separated from
any vehicular parking or traffic circulation area by a minimum of
10 feet. This separation shall be clearly distinguished by a physical
feature or barrier such as a greenway, curb, fence, or line of planters,
or by a clearly marked paved area.
(4)
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including visibility between vehicles
and visibility between vehicles and pedestrians or bicyclists.
(5)
A buffer yard with a minimum opacity of 0.60 shall be provided
along all borders of outdoor display areas abutting residentially
zoned property (see Article 9).
(6)
Minimum required off-street parking: one space per 300 square
feet of gross floor area.
D.
Indoor aquaculture. The farming of aquatic organisms (plants and
animals) under controlled conditions, located entirely within an enclosed
building, and utilizing recirculating (closed) system technology.
Such operations may also incorporate aquaponics, which is the symbiotic
cultivation of plants and aquatic organisms in a recirculating system.
Indoor aquaculture land uses shall adhere to the following standards:
(1)
Indoor aquaculture operations shall be connected to the municipal
water and sanitary sewer system and all wastewater shall be discharged
to the municipal sanitary sewer system.
(2)
Prior to the issuance of a conditional use permit, applicants
wishing to establish indoor aquaculture operations shall prepare a
report outlining the estimated average daily water usage and quantity
of wastewater discharge. Such report shall be reviewed and approved
by the Director of Public Works.
(3)
On-site processing of seafood is permitted provided the activity
is conducted entirely within an enclosed building and no odors are
detectable from the property line.
(4)
The on-site retail sale of seafood or vegetables shall be considered an incidental indoor sales accessory use subject to the provisions of § 390-0315P, provided the area devoted to sales does not exceed 25% of the total area of the building(s) within which the operation is located. Retail areas that exceed 25% of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use and shall be considered separately from the indoor aquaculture use.
(5)
Site plans shall be provided that indicate the location of any
and all outdoor activity areas, including areas for composting.
(7)
No outdoor activity areas (including composting) shall be located
in buffer yard areas. No materials shall be stacked or otherwise stored
so as to be visible over buffer yard screening elements.
(8)
Minimum required off-street parking: one space for each 500
square feet of principal building area.
E.
Communication tower. All freestanding broadcasting, receiving, or
relay structures, and similar principal land uses, and any office,
studio, or other land uses directly related to the function of the
communication tower. Communication towers shall adhere to the following
standards:
(1)
Communication towers shall be erected and installed in accordance with the State Electrical Code adopted by reference in Chapter 153, Building Construction, of the Village Code, National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(2)
Communication towers shall adhere to performance standards and requirements included in § 390-0811.
(3)
Minimum required off-street parking: one space per employee
on the largest work shift.
F.
Large wind energy system. Unless otherwise defined in Ch. PSC 128,
Wis. Adm. Code, consists of a wind turbine(s), a supporting tower(s),
and associated control or conversion electronics that generate electrical
power primarily for off-site consumption and that has an installed
nameplate capacity of greater than 100 kilowatts per turbine and a
total installed nameplate capacity of greater than 300 kilowatts.
This use does not include wind energy systems subject to Public Services
Commission review under Wisconsin Statutes, where Village review does
not apply. Large wind energy systems shall adhere to the following
standards:
(1)
The requirements of Wisconsin Statutes, including but not limited
to §§ 66.0401 and 66.0403, shall apply to all large
wind energy systems.
(2)
The applicant shall meet all the application and procedural requirements of Ch. PSC 128, Wis. Adm. Code, and the application and procedural requirements for a conditional use in § 390-1207.
(3)
After receiving an application for approval of a large wind
energy system, the Zoning Administrator shall:
(a)
Determine the completeness of the application, and notify the
applicant in writing whether the application is complete or incomplete
no later than 45 days after the day the application is filed.
(b)
Publish a Class 1 notice per § 66.0401(4)(a)l, Wis.
Stats., including a brief description of the proposed large wind energy
system and its proposed location, the locations where the application
is available for public review, the method and time period for the
submission of public comments, and the approximate schedule for review
of the application by the Village.
(c)
Make the application available for public review at the local
library and at Village Hall.
(d)
Accept written public comments on the application for 30 days
after the Class 1 notice is published.
(4)
The Village shall use all other the technical and procedural
requirements of Ch. PSC 128, Wis. Adm. Code, and this chapter in its
review of conditional use permit requests for such uses.
(5)
In the AH Zoning District, the large wind energy system shall
be subject to the following standards:
(a)
The use and its location are consistent with the purpose of
the Agricultural Holding Zoning District.
(b)
The use and its location are reasonable and appropriate, considering
alternative locations, or are specifically approved under state or
federal law.
(c)
The use is reasonably designed to minimize conversion of land,
at and around the site of the use, from agricultural use or open space
use.
(d)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(e)
Construction damage to land remaining in agricultural use is
minimized and repaired, to the extent feasible.
G.
Large solar energy system. An energy system that converts solar energy
to usable thermal, mechanical, chemical, or electrical energy, where
such solar energy system is a principal use of the land and designed
primary to generate energy for commercial sale off-site. Large solar
energy systems shall adhere to the following standards:
(1)
The requirements of Wisconsin Statutes, including but not limited
to §§ 66.0401 and 66.0403, shall apply to all solar
energy systems.
A.
Indoor storage and wholesaling. Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with these uses shall be considered accessory uses per § 390-0315P.
(1)
Minimum required off-street parking: one space per 2,000 square
feet of gross floor area.
B.
Outdoor storage and wholesaling. Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such land uses are not entirely contained within an enclosed building. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperable vehicles or equipment, or other materials typically associated with a junk or salvage yard (see § 390-0314D). Outdoor storage and wholesaling land uses shall adhere to the following standards:
(1)
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, and fencing.
Such walls and fencing shall be a minimum of eight feet in height
and shall be designed to completely screen all stored materials from
view of nonindustrialized areas at an elevation of five feet above
the grade of all adjacent properties and rights-of-way. Said walls
or fencing shall be screened from residentially zoned property by
a buffer yard with a minimum opacity of 0.80 (see Article 9).
(2)
The storage of items shall not be permitted in required frontage
landscaping areas, buffer yard areas, or permanently protected green
space areas.
(3)
In no event shall the storage of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of this section. If the
number of provided parking stalls on the property is already less
than the requirement, such storage area shall not further reduce the
number of parking stalls already present.
(4)
Storage areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation such as a greenway,
curb, fence, or line of planters, or by a clearly marked paved area.
(5)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including visibility
between vehicles and visibility between vehicles and pedestrians and
bicyclists.
(6)
Inoperable vehicles or equipment, or other items typically stored
in a junk or salvage yard, shall not be stored under the provisions
of this land use.
(7)
Minimum required off-street parking: one space for every 10,000
square feet of gross storage area, plus one space per each employee
on the largest work shift.
C.
Personal storage facility. Land uses oriented to the indoor storage
of items entirely within partitioned buildings having an individual
access to each partitioned storage area (also known as "mini-warehouses").
Storage areas may be available on either a condominium or rental basis.
Personal storage facilities shall adhere to the following standards:
(1)
The facility shall be designed so as to minimize adverse visual
impacts on nearby developments. The color, exterior materials, and
orientation of proposed buildings and structures shall complement
surrounding development.
(2)
A buffer yard with a minimum opacity of 0.80 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(3)
No electrical power shall be run to the storage facilities,
except for exterior lighting.
(4)
Minimum required off-street parking: one space for each employee
on the largest work shift, plus one space for each 10 storage units.
A.
Transit center. A building, structure, and/or area designed and used
for the purpose of loading, unloading, or transferring passengers
or accommodating the movement of passengers from one mode of transportation
to another. Examples include bus stations, train stations, and park
and ride stations. Transit centers shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 1.0 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas, except employee and passenger parking, shall be located
a minimum of 100 feet from all lot lines abutting residentially zoned
property.
(3)
Minimum required off-street parking: as sufficient to accommodate
parking needs.
B.
Distribution center. Facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 390-0315P. Distribution centers shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(3)
In no instance shall activity areas be located within a required
front or street side yard landscaping area or any buffer yard areas.
(4)
Minimum required off-street parking: one space per each employee
on the largest work shift.
C.
Freight terminal. Land and buildings representing either end of one
or more truck carrier line(s) that may have some or all of the following
facilities: yards, docks, management offices, storage sheds, buildings
and/or outdoor storage areas, freight stations, and truck maintenance
and repair facilities, principally serving several or many businesses
requiring trans-shipment. Freight terminals shall adhere to the following
standards:
(1)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(3)
In no instance shall activity areas be located within a required
front or street side yard landscaping area or any buffer yard areas.
(4)
Minimum required off-street parking: one space per each employee
on the largest work shift.
D.
Airport. Transportation facilities providing takeoff, landing, servicing,
storage, and other services to any type of air transportation. The
operation of any type of air vehicle (including ultralight aircraft,
hang gliders, parasails, and related equipment, but excepting model
aircraft) within the jurisdiction of this chapter shall occur only
in conjunction with an approved airport. Airports shall adhere to
the following standards:
(1)
All buildings, structures, outdoor airplane or helicopter storage
areas, and any other activity areas shall be located a minimum of
100 feet from all lot lines.
(2)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all borders of the property not otherwise completely screened
from activity areas by buildings or structures (see Article 9).
(3)
Minimum required off-street parking: one space per each employee
on the largest work shift, plus one space per every five passengers
based on average daily ridership.
E.
Off-site parking. Areas used for the temporary parking of vehicles that are fully registered, licensed, and operable. See also § 390-0805 for additional parking regulations. Off-site parking facilities shall adhere to the following standards:
(1)
Access and vehicular circulation shall be designed so as to
discourage cut-through traffic.
A.
Extraction. Land uses involving the removal of soil, clay, sand,
gravel, rock, minerals, peat, or other material in excess of that
required for approved on-site development or agricultural activities.
Extraction land uses shall adhere to the following standards:
(1)
No extraction use shall be permitted without approval from the
county prior to action by the Village of Williams Bay. The extraction
use shall comply with all county, state, and federal regulations.
(2)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all borders of the property other than permanent open space
(see Article 9).
(3)
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
(4)
Required site plans shall include detailed site restoration
plans, which shall include at minimum detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the Village), shall be filed with the
Village by the petitioner (subject to approval by the Zoning Administrator),
and shall be held by the Village for the purpose of ensuring that
the site is restored to its proposed condition. (The requirement for
said surety is waived for publicly owned waste disposal facilities.)
(5)
Minimum required off-street parking: one space per each employee
on the largest work shift.
B.
Composting. Land uses devoted to the collection, storage, processing,
and/or disposal of vegetation. Composting land uses shall adhere to
the following standards:
(1)
Composting operations shall comply with all county, state, and
federal regulations.
(2)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all borders of the property occupied by nonagricultural land
uses (see Article 9).
(3)
All buildings, structures, and activity areas shall be located
a minimum of 100 feet from all lot lines.
(4)
No food scraps or other vermin-attracting materials shall be
processed, stored, or disposed of on-site.
(5)
Operations shall not involve the on-site holding, storage, or
disposal of hazardous wastes as defined by state statutes in any manner.
(6)
Minimum required off-street parking: one space for each employee
on the largest work shift.
C.
Recycling and waste disposal. Includes any recycling facilities not involving the on-site storage of salvage materials and waste disposal facilities used for the disposal of solid wastes including those defined by § 289.01(33), Wis. Stats., but not including composting operations (see § 390-0314B). Recycling and waste disposal facilities shall adhere to the following standards:
(1)
Facilities shall comply with all county, state, and federal
regulations.
(2)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all borders of the property (see Article 9).
(3)
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
(4)
Operations shall not involve the on-site holding, storage, or
disposal of hazardous materials as defined by state statutes in any
manner.
(5)
Required site plans shall include detailed site restoration
plans, which shall include at minimum detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the Village), shall be filed with the
Village by the petitioner (subject to approval by the Village Administrator),
and shall be held by the Village for the purpose of ensuring that
the site is restored to its proposed condition. (The requirement for
said surety is waived for recycling and waste disposal facilities
owned by public agencies.)
(6)
Minimum required off-street parking: one space for each employee
on the largest work shift.
D.
Junk or salvage yard. Any land or structure used for a salvaging
operation including but not limited to: the aboveground, outdoor storage
of waste, discarded, or salvage materials intended for sale or recycling;
and/or the collection, dismantlement, storage, or salvage of two or
more unlicensed and/or inoperable vehicles. Recycling facilities involving
on-site outdoor storage of salvage materials are included in this
land use. Junk or salvage yard land uses shall adhere to the following
standards:
(1)
A buffer yard with a minimum opacity of 1.00 shall be provided
along all property borders abutting residentially zoned property (see
Article 9).
(2)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 50 feet from all roads
and 100 feet from all lot lines.
(3)
In no instance shall activity areas be located within a required
front or street side yard landscaping area or any buffer yard areas.
(4)
The facility shall not involve the storage, handling, or collection
of hazardous materials as defined by state statutes.
(5)
Minimum required off-street parking: one space for every 20,000
square feet of gross storage area, plus one space for each employee
on the largest work shift.
A.
Home occupation. Provides a means to accommodate a small home-based
family or professional business within a dwelling unit without having
to rezone to a commercial district. Examples of allowable home occupations
include personal and professional services and handicrafts. Home occupations
are limited to service-oriented businesses and businesses that do
not generate customer visits. Home occupations shall adhere to the
following standards:
(1)
The home occupation must be clearly incidental and secondary
to the principal use as a residence and shall be conducted only within
the enclosed area of the dwelling unit or an attached garage.
(2)
The home occupation may not constitute more than 25% of the
area of any floor in the dwelling unit.
(3)
The appearance of the dwelling unit or attached garage that
contains the home occupation shall not be altered or the occupation
conducted in a manner that would cause the premises to differ from
its residential character either by the use of colors, materials,
construction, lighting, signs, or the emission of sounds, odors, dust,
or vibrations that carry beyond the premises.
(4)
Such use shall not include the operation of any machinery, tools,
or other appliances in a manner that would create noise or other nuisance
factors in excess of those typical to residential uses.
(5)
Only one sign may be used to indicate the type of occupation
or business. Such sign shall not be illuminated and shall not exceed
three square feet.
(6)
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(7)
Home occupations shall not involve the use of commercial vehicles
for more than the occasional delivery of materials to or from the
premises.
(8)
No person other than a permanent resident of the dwelling unit
shall be employed on the premises by the home occupation.
(9)
Any off-street parking area shall be limited to that which is compatible with the residential character of the neighborhood and shall conform to the standards set forth in § 390-0805.
(10)
No home occupation may involve the on-site sale, resale, repair,
including body repair, salvage or wrecking of automobiles, trucks,
boats, trailers, recreational vehicles, or other motorized vehicles.
(11)
Sale or transfer of the dwelling unit for which the conditional
use permit was issued shall cause the conditional use permit to be
null and void.
B.
Family day-care home (four to eight children). Occupied residential
dwelling units in which a qualified person or persons provide child
care for four to eight children (including any children who live in
the home). The care of fewer than four children is not subject to
the regulations of this chapter.
C.
Intermediate day-care home (nine to 15 children). Occupied residential
dwelling units in which a qualified person or persons provide child
care for nine to 15 children (including any children who live in the
home).
D.
In-home suite. The area within a dwelling unit that may contain dining,
bathroom, laundry, living, sleeping, and recreation areas, including
exterior porches, patios, and decks. In-home suites shall maintain
at all times an interior physical connection with the remainder of
the dwelling unit; however, separate outdoor access or separate access
to the garage may also be provided. External stairs serving as the
primary access to the in-home suite are prohibited. In-home suites
shall adhere to the following standards:
(1)
In-home suites may not be occupied by a non-family member.
(2)
In-home suites should be considered and regulated as part of
the single-family dwelling unit.
(3)
The principal dwelling unit and the In-Home suite shall together
appear as a single-family dwelling.
(4)
A separate walled garage area or driveway serving the in-home
suite is not permitted.
(5)
A separate kitchen within the in-home suite is not permitted.
(6)
A separate address for the in-home suite is not permitted.
(7)
A separate utility connection or meters for the in-home suite
are not permitted.
(8)
A physical all-weather connection between the main living area
of the dwelling and the in-home suite must be present. This required
connection may not occur through an unfinished attic, basement, garage,
porch, or other non-living area. A door may be used to separate the
in-home suite from the principal dwelling, but may not be locking,
except that a locking door may be used for the bedroom and bathroom
doors of the in-home suite.
(9)
When an application is submitted for a building permit to accommodate
what is explicitly listed as, or could possibly serve as, an in-home
suite, the building plan shall be marked as "not a separate dwelling
unit or apartment," and a signed letter from the applicant stating
agreement with this condition shall be filed.
E.
Accessory dwelling unit. Residential dwelling unit located on the
same lot as a single-family dwelling unit, either as part of the same
building as the single-family dwelling unit or in a detached building.
Accessory dwelling units are different from in-home suites in that
a interior physical connection between the accessory dwelling unit
and primary single-family dwelling unit is not required. Accessory
dwelling units shall adhere to the following standards:
(1)
The single-family dwelling must be owner-occupied.
(2)
The floor area of the accessory dwelling unit shall not exceed
50% of the principal dwelling's floor area, or 1,500 square feet,
whichever is less.
(3)
The appearance or character of the single-family dwelling must
not be significantly altered so that its appearance is no longer that
of a single-family dwelling.
(4)
The accessory dwelling unit shall not be sold separately from
the single-family dwelling.
(5)
Accessory dwelling units shall not be located in the shore yard
of a shoreland lot.
(6)
For accessory dwelling units attached to the principal structure,
such units shall adhere to the setback requirements and standards
applicable to principal structures in the applicable zoning district.
For accessory dwelling units detached from the principal structure,
such units shall adhere to the setback requirements and standards
applicable to accessory structures in the applicable zoning district.
(7)
The occupants of the accessory dwelling unit shall not exceed
one family plus one unrelated person or two unrelated individuals.
(8)
Additional entrances shall not be added to the front elevation
of an existing dwelling, but may be added to interior side, rear,
or street side elevations.
(9)
Accessory dwelling unit entryways located off of a rear or interior
side yard shall be connected to a street frontage by a paved walkway
or driveway.
F.
Caretaker house or guesthouse. A caretaker house or guesthouse is
a separate residential dwelling unit located on the same lot as a
single-family dwelling unit that is designed for or occupied exclusively
by non-paying guests of the owner of the single-family dwelling unit.
A cretaker house is a separate residential dwelling unit located on
the same lot as a single-family dwelling unit that is designed for
or occupied exclusively by a nonpaying person or family at least one
member of which is employed by the owner of the single-family dwelling
unit as a caretaker or domestic assistant working on the same premises.
No rent or other consideration shall be charged to or paid by any
occupant. Caretaker house or guesthouse land uses shall adhere to
the following standards:
(1)
Either one guesthouse or one caretaker house, but not both,
may be located on residential lots in zoning districts in which such
uses are allowed. Lots must be a minimum of 130,000 square feet.
(2)
Caretaker houses or guest houses shall not be located in the
shore yard of a shoreland lot.
(3)
The single-family dwelling must be owner-occupied.
(4)
The floor area of the caretaker house or guesthouse shall not
exceed 50% of the principal dwelling's floor area, or 2,100 square
feet, whichever is less.
(5)
The caretaker house or guesthouse shall not be sold separately
from the single-family dwelling.
(6)
The caretaker house or guesthouse shall adhere to the setback
requirements and standards for the applicable zoning district.
(7)
The occupants of a caretaker house shall not exceed one family
or two unrelated individuals.
H.
Migrant employee housing. Any facility subject to the regulation
of § 103.90(3)(a), Wis. Stats. Migrant employee housing
shall adhere to the following standards:
(1)
A buffer yard with a minimum opacity of 0.60 (see Article 9)
shall be provided along all property lines adjacent to all properties
in residential, office, or business zoning districts.
(2)
Migrant employee housing shall be an accessory use to an active
principal land use and shall be maintained under the same ownership
as said principal use.
I.
Residential garage or shed. A portion of a principal residential
building or a detached accessory building, including carports, that
is used primarily for storing passenger vehicles, trailers, or one
truck of a rated capacity not in excess of 10,000 pounds. Residential
garages do not include temporary enclosures. A residential shed is
a structure used primarily to store residential maintenance equipment
for the subject property. Residential sheds do not include temporary
enclosures. Residential garages or sheds shall adhere to the following
standards:
(1)
One attached or detached garage and one shed shall be permitted
by right.
(2)
Within the SF-CPP District, no more than one attached or detached garage shall be allowed, and no garage shall have a capacity greater than three cars. See § 390-0213 for additional standards in the SF-CPP District.
(3)
To minimize the visual impact of garage doors as seen from the
public street, attached residential garages should be side- or rear-loaded
whenever practical.
(4)
Except in the SF-CPP District, for garage doors facing a public
street, the following shall apply:
(a)
The first two garage bays shall be set back a minimum of two
feet behind the front or street side facade of the house, except through
the issuance of a conditional use permit.
(b)
Additional garage bays (beyond two) shall be set back a minimum
of two additional feet behind the first two garage bays, except through
the issuance of a conditional use permit.
(c)
In no instance shall the combined total of the garage face,
measured as the interior width of all garage bays that are along the
front or street side wall, exceed 50% of the overall width of the
principal structure.
(5)
The combined area of all detached garages and sheds on a lot
shall not occupy more than 20% of the rear yard area (or shore yard
where applicable).
(6)
Garages shall conform to the most restrictive of the following
standards:
(7)
No detached garage shall exceed 15 feet in height.
(8)
Residential sheds shall adhere to the following standards:
J.
Residential recreational facility. All active outdoor recreational facilities located on a private residential lot that are not otherwise listed in the Tables of Land Uses in § 390-0305. Common examples include swing sets, tree houses, basketball courts, tennis courts, private residential swimming pools, and recreation-type equipment. This use category also includes private snowmobile trails. Residential recreational facilities shall adhere to the following standards:
(1)
All residential recreation facilities and their attendant structures
shall comply with the bulk requirements for accessory structures (see
Article 2).
(2)
Materials and lighting at said property line are to be equal to or less than 0.5 footcandle (see § 390-0807).
(5)
Tree houses and similar platforms shall not exceed a platform
height of eight feet and shall be set back a distance equal to twice
their elevation from any property line.
(6)
Private snowmobile trails may be designated for use by the property owner following specific approval from the Zoning Administrator and subject to the procedural requirements for the issuance of a zoning permit in § 390-1209. Private snowmobile trails may only be located on lands zoned AH and ER, must be limited to marked, designated areas, and may only be used for the period between December 1 and March 1 annually. All-terrain vehicle use is prohibited.
K.
Residential kennel or stable. A residential kennel is the housing
of any combination of more than three dogs and/or cats over six months
of age within a residential dwelling unit. A residential stable is
an accessory structure that is designed for the keeping of equines
for the private use of the occupants of the principal dwelling and
their guests, but in no event for hire. Residential kennels and stables
shall adhere to the following standards:
(1)
Outdoor containment areas for animals shall be located a minimum
of 25 feet from any residentially zoned property.
(2)
A minimum lot area of 175,000 square feet (four acres) is required
for a residential stable.
(3)
A maximum of one horse per two acres of fully enclosed (by fencing
and/or structures) area is permitted.
(4)
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
L.
On-site parking. Any area used for the temporary parking of vehicles
that are fully registered, licensed, and operable, and located on
the same site as the principal land use for which the parking is dedicated.
An area designed and designated for the storage of boats, or for the
storage or motor vehicles that are for sale is not considered on-site
parking. On-site parking areas shall adhere to the following standards:
(1)
Access and vehicular circulation shall be designed to discourage
cut-through traffic.
(2)
On-site parking located within a structure that is either part
of or detached from the principal structure(s) it serves (i.e., a
parking garage) shall adhere to all setback and yard requirements
applicable to the principal structure.
M.
Company cafeteria. A company cafeteria is a food service operation
that provides food only to company employees and their guests. Company
cafeterias shall adhere to the following standards:
N.
Company on-site recreation. Any active or passive recreational facility
located on the same site as a principal land use, and which is reserved
solely for the use of company employees and their guests. Company
on-site recreational facilities shall adhere to the following standards:
(1)
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(2)
Outdoor recreation facilities using night lighting and adjoining
a residentially zoned property shall install and continually maintain
a buffer yard with a minimum opacity of 0.60 (see Article 9). Said
buffer yard shall be located at the property line adjacent to said
residentially zoned property.
(3)
Facilities using night lighting shall require a conditional
use permit.
O.
Incidental outdoor display. The sales and display of merchandise or equipment outside of an enclosed building and incidental to an indoor principal business or industrial land use. Incidental outdoor display land uses shall comply with all regulations of § 390-0310F and the display area shall not exceed 25% of gross floor area of principal building on the site.
P.
Incidental indoor sales. Any retail sales activity conducted exclusively
indoors that is incidental to a principal land use such as warehousing,
wholesaling, or any light industrial land use on the same site. Incidental
indoor sales shall adhere to the following standards:
(1)
The total area devoted to sales activity shall not exceed 25%
of the total area of the buildings on the property. Areas devoted
to artisan studio uses such as custom ceramics, glass, wood, paper,
fabric, and similar crafts may exceed 5,000 square feet with the granting
of a conditional use permit for such use.
(2)
Restroom facilities shall be directly accessible from retail
sales area.
(3)
The retail sales area shall by physically separated by a wall
from all other activity areas.
Q.
Incidental light industrial. Any light industrial activity conducted
exclusively indoors and that is incidental to a principal land use,
such as indoor sales or service, on the same site as such principal
use. Incidental light industrial uses shall adhere to the following
standards:
(1)
The total area devoted to light industrial activity shall not
exceed 15% of the total area of the buildings on the property, or
5,000 square feet, whichever is less.
R.
Exterior communications device. This land use includes any antennas used for communication reception, such as satellite dishes and antennas used by amateur radio operators licensed by the Federal Communications Commission (i.e., ham radios). This does not include "communication towers," which are considered principal land uses and described in § 390-0311E. Exterior communications devices shall adhere to the following standards:
(1)
Exterior communications devices located in nonresidential zoning districts, excluding ham/shortwave radio antennas [see Subsection R(3) below], the following standards shall apply:
(a)
No exterior communications device shall be erected or installed
within a front, street side, or interior side yard.
(b)
Devices mounted to a principal structure shall adhere to all
setback requirements applicable to principal buildings in the respective
zoning district.
(c)
Ground-mounted devices or devices mounted to an accessory structure
shall adhere to all applicable accessory structure setback and rear
yard requirements of the respective zoning district.
(d)
No device shall exceed a height of 20 feet above the roofline
of the principal building on the property upon which the antenna is
located, or 60 feet above the ground measured at grade level, whichever
is less.
(e)
Devices shall be constructed and anchored in such a manner to
withstand winds of 80 miles per hour; shall be constructed of noncombustible
and corrosive-resistant materials; shall be black, grey, or earthtone
in color; and should be shielded and/or filtered to prevent the emission
and/or reflection or electromagnetic radiation that would interfere
with radio and television reception on adjacent properties.
(f)
No advertising shall be displayed on an exterior communications
device, except for a nameplate not to exceed one square foot in area
displaying the name and address of the manufacturer, distributor,
and/or retailer of the device.
(g)
Exterior communications devices shall be erected and installed in accordance with the state electrical code adopted by reference in Chapter 153, Building Construction, of the Village Code, National Electrical Safety Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(2)
Exterior communications devices, excluding ham/shortwave antennas,
located in all residential zoning districts shall adhere to the following
standards:
(a)
Residential properties shall be limited to not more than one
satellite dish antenna.
(b)
Antennas mounted to a principal structure shall not exceed a
height of 10 feet above the roofline of the principal structure.
(c)
Ground-mounted antennas or antennas mounted to an accessory
structure shall not exceed 15 feet in height (includes height of the
accessory structure to which the antenna is attached).
(d)
The area of ground-mounted antennas or antennas mounted to an
accessory structure shall not exceed 20% of the rear yard area, in
combination with any and all "private residential garages or sheds"
located on the premises.
(3)
Ham/shortwave antennas and towers in all zoning districts shall
adhere to the following standards:
(a)
Regulations under this subsection only apply to towers and antennas
used for communication reception by an amateur radio operator licensed
by the Federal Communications Commission.
(b)
Installations may not be located in a front or street side yard.
If reasonable reception of signals is not possible with a rear yard
placement due to the physical characteristics of the lot and area,
the signal-receiving antenna shall be placed in the side yard of the
lot. In the event that reasonable reception of signals is not possible
by locating the signal-receiving antenna on the rear or side yard
of the property, such antenna may be placed in the front yard or on
the roof of structures on the property. For corner lots, a side yard
is only a yard that does not face a street. If side yard, front yard
or roof mounting is requested, the Zoning Administrator shall determine
where reasonable reception is possible, based on evidence provided
by the person seeking to erect or construct the antenna.
(c)
Height requirements.
[1]
Installations of 45 feet of less must meet the
setback requirements for an accessory structure.
[2]
Installations with heights between 45 feet and
75 feet must meet the setback requirements for a principal structure
and will require a written notice to the abutting property owners.
[3]
Installations of 75 feet or higher must have a
setback of at least 1/3 of the total height of the structure.
[4]
Installations of 75 feet or higher that do not
meet all of the requirements for installations less than 75 feet will
require a conditional use permit.
(d)
Installation requirements. Signal-receiving antennas installed
in any zoning district within the Village shall comply with the following
provisions:
[1]
Setbacks. Any signal receiving antenna and its
mounting post shall be located a minimum of 10 feet from any property
line.
[2]
Mounting. Signal receiving antennas attached to
the wall or roof of any principal or accessory structure shall be
permitted only if the structure is properly constructed to carry all
imposed loading and complies with applicable state and local building
code requirements. The Zoning Administrator may require engineering
calculations.
[3]
Wind pressure. All signal receiving antennas shall
be permanently mounted in accordance with the manufacturer's specifications
for installation. All such installations shall meet a minimum wind
load design velocity of 80 mph.
[4]
Electrical installations. Electrical installations
in connection with signal-receiving antennas, including grounding
of the system, shall be in accordance with the National Electrical
Safety Code, Wisconsin State Electrical Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. All cable used to conduct current or signals from the
signal receiving antenna to the receivers shall be installed underground
unless installation site conditions preclude installation underground.
If a signal-receiving antenna is to be used by two or more residential
property owners, all interconnecting electrical connections, cables
and conduits must also be buried. The location of all such underground
lines, cables and conduits shall be shown on the application for a
permit. All signal-receiving antennas shall be grounded against direct
lightning strikes.
[5]
Temporary placement. No portable or trailer-mounted
signal receiving antenna shall be allowed, except for temporary installation
for on-site testing and demonstration purposes for periods not exceeding
five days. However, such trial placement shall be in accordance with
all provisions of this section. Failure to comply shall result in
a citation being issued for violation of this section. Any person
making such temporary placement shall first give written notice to
the Zoning Administrator of the date when such placement shall begin
and end.
[6]
Advertising. No form of advertising or identification,
sign or mural is allowed on the signal receiving antenna other than
the customary manufacturer's identification plates.
[7]
Interference with broadcasting. Signal receiving
antennas shall be filtered and/or shielded so as to prevent the emission
or reflection of any electromagnetic radiation that would cause any
harmful interference with the radio and/or television broadcasting
or reception on adjacent properties. In the event that harmful interference
is caused subsequent to its installation, the owner of the signal
receiving antenna shall promptly take steps to eliminate the harmful
interference in accordance with Federal Communications Commission
regulations.
[8]
Compliance with federal regulations. The installation
and use of every signal receiving antenna shall be in conformity with
the Federal Cable Communications Policy Act of 1984 and regulations
adopted thereunder.
[9]
Aesthetic considerations. Signal-receiving antennas
shall be located and designed to reasonably reduce visual impact from
surrounding properties at street level.
(e)
All installations will require the proper building permits.
S.
Lawn care. Lawn care includes any activity involving the preparation
of the ground and/or installation and maintenance of vegetative ground
cover (including gardens). Lawn care is not permitted in certain permanently
protected green space areas.
T.
Stormwater facilities. All improvements including, but not limited
to, swales, ditches, culverts, drains, tiles, gutters, levees, basins,
detention or retention facilities, impoundments, and dams intended
to affect the direction, rate, and/or volume of stormwater runoff,
snow melt, and/or channelized flows across, within, and/or away from
a site. Stormwater facilities shall also adhere to applicable state
regulations and regulations in the Village of Williams Bay Municipal
Code.
V.
Small solar energy system. An energy system that converts solar energy
to usable thermal, mechanical, chemical, or electrical energy, where
such solar energy system is accessory to the principal use of the
land (e.g., solar panels providing energy for a dwelling on the same
lot). Small solar energy systems are permitted uses in all zoning
districts. Small solar energy systems shall adhere to the following
standards:
W.
Concession stands and equipment rental. Structures located on public
property devoted to the sale of confections, snacks, or other light
meals, but providing no indoor seating or drive-through services.
This does not include mobile, temporary vendor carts, which are instead
regulated as "temporary outdoor sales" uses. Also included in this
use are structures devoted to the rental of recreation equipment associated
with the principal use, such as kayaks, umbrellas, beach chairs, and
other similar items.
X.
Bathhouses. Structures located on public property that include public
restroom facilities and/or indoor or outdoor showers typically associated
with recreation areas, parks with waterfront access.
Y.
Filling. Filling includes any activity in an area over 4,000 square
feet, or greater than 500 cubic yards of fill, involving the modification
of the earth's surface above that in its undisturbed state. Filling
uses shall adhere to the following standards:
A.
Temporary farm product sales. The temporary outdoor display and sales
of farm products, typically from a roadside stand. Temporary farm
product sales shall adhere to the following standards:
B.
Temporary outdoor sales. The display of any items outside the confines
of a building that is not otherwise allowed as a permitted or conditional
use, or a special event otherwise regulated by the Municipal Code.
Examples of this land use include, but are not limited to, sidewalk
sales, seasonal garden shops, tent sales, Christmas tree sales, and
bratwurst stands. Temporary outdoor sales shall adhere to the following
standards:
C.
Temporary outdoor assembly. Any organized outdoor assembly of more
than 100 persons, such as an outdoor wedding or tent meetings. Temporary
outdoor assembly uses shall adhere to the following standards:
(2)
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(3)
If subject property is located adjacent to a residential area,
activities shall be limited to daylight hours.
(4)
Adequate provisions for crowd control shall be made, and shall
be described within the temporary use application.
(5)
Adequate parking, drinking water, and toilet facilities shall
be provided, and shall be described in the temporary use application.
D.
Temporary shelter structure. These shelters are typically supported
by poles, have a fabric roof and/or sides, and are usually used to
cover automobiles, boats, recreational vehicles, or firewood on a
temporary basis. These structures are not designed for the snow loading
that can occur during the winter months. Temporary shelter structures
shall adhere to the following standards:
E.
Temporary portable storage unit. Structures designed and used primarily
for the temporary storage of household goods and other such materials
for use on a limited basis on residential property. Temporary portable
storage unit shall adhere to the following standards:
(2)
The unit shall not exceed outside dimensions of 16 feet in length,
eight feet in width, and nine feet in height.
(3)
The unit shall be permitted on the property for up to 14 days
in association with each change in the occupancy of the dwelling unit,
as documented by a recorded change in property ownership or valid
lease.
(4)
The unit shall not be placed in a location in which it encroaches
on the public right-of-way (including the sidewalk and street), or
on neighboring property.
(5)
The unit must be placed on asphalt, concrete, gravel, or other
hard-paved surface.
(6)
For all multifamily residential uses, including multiplexes,
apartments, and townhouses, use of temporary portable storage units
shall require review and approval by the Zoning Administrator. The
applicant shall provide written permission from the landowner to place
the temporary portable storage unit on the property in accordance
with the regulations listed in this section.
F.
Temporary construction storage. Any structure or outdoor storage
area designed for the on-site storage of construction equipment and/or
materials for an active construction project. Temporary construction
storage shall adhere to the following standards:
(1)
The structure or storage area shall comply with § 390-1208, Standards and procedures applicable to all temporary uses.
(2)
The structure or storage area shall be removed within 10 days
of issuance of occupancy permit for the property that was under construction.
(3)
Projects requiring the structure or storage area to be in place
for more than 365 consecutive days shall require a conditional use
permit. Said time limit may be extended with Village Board approval.
(4)
The structure or storage area shall be limited to a maximum
area not exceeding 10% of the property's gross site area.
G.
Temporary relocatable building. Any manufactured building that serves
as a temporary building for less than six months. Temporary relocatable
buildings shall adhere to the following standards:
(1)
The building shall comply with § 390-1208, standards and procedures applicable to all temporary uses.
(2)
Buildings serving for more than six months shall require a conditional use permit and are subject to the general standards and procedures presented in § 390-1208.
(3)
The building must be placed on asphalt, concrete, gravel, or
other hard-paved surface.
H.
Temporary garage or estate sale (auction). The sale or offering for
sale of miscellaneous used items commonly associated with residential
use. Temporary garage or estate sales shall adhere to the following
standards:
I.
Farmers market. The temporary or occasional outdoor retail sales
of farm produce, plants and flowers, bakery goods, and/or crafts from
vehicles or temporary stands located within a parking lot or public
right-of-way. Farmers markets shall adhere to the following standards:
