A.
Authority. These regulations are adopted under the authority granted
by § 62.23(7a), Wis. Stats.
B.
Purpose. The purpose of this Extraterritorial Zoning Ordinance ("ETZ Ordinance") is to promote the public health, safety, morals, and general welfare, and to provide sound controls over land uses within the areas over which the governing body of the Village has jurisdiction pursuant to § 62.23(7a), Wis. Stats. This purpose is consistent with the Village's current Zoning Ordinance set forth within Chapter 390 of the Village Municipal Code, which, together with this ETZ Ordinance, provide a comprehensive plan for the orderly development of the Village and those areas within its extraterritorial zoning jurisdiction. This ETZ Ordinance and the incorporated map have been approved by the Joint Extraterritorial Zoning Committee for the Town of Delavan, the Town of Geneva, the Town of Linn, and the Town of Walworth, and all necessary public hearings have been held and all approving and recommending actions taken by the towns and the Village, as called for by the Wisconsin Statutes.
C.
Intent. It is the general intent of this ETZ Ordinance to regulate
and restrict the use of all structures, lands, and waters; regulate
and restrict lot coverage, population distribution, and density; and
regulate and restrict size and location of all structures so as to
lessen congestion in and promote the safety and efficiency of the
streets and highways; secure safety from fire, flooding, panic, and
other dangers; provide adequate light, air, sanitation and drainage;
prevent overcrowding; avoid undue population concentration; protect
property values; further the appropriate use of land and conservation
of natural resources; preserve and promote the beauty of the community
and those areas within its extraterritorial zoning jurisdiction; and
implement the community's and the Towns' Comprehensive Plan or plan
components. In addition, the floodland zoning regulations and stormwater
management regulations set forth in this chapter have been adopted
to minimize and control erosion, sedimentation and other pollution
of surface waters, to further the maintenance of safe and healthful
water conditions and provide for flood relief and flood control projects.
To this end, it is further intended to provide for the administration
and enforcement of this ETZ Ordinance and to provide penalties for
its violation.
D.
Abrogation and greater restrictions. It is not intended by this ETZ
Ordinance to repeal, abrogate, annul, impair, or interfere with any
existing easements, covenants, deed restrictions, agreements, ordinances,
rules, regulations, or permits previously adopted or issued pursuant
to law. However, wherever this ETZ Ordinance imposes greater restrictions,
the provisions of this ETZ Ordinance shall govern. In addition, the
shoreland-wetland provisions required by § 61.351, Wis.
Stats., and Ch. NR 117, Wis. Adm. Code, supersede less restrictive
provisions of this ETZ Ordinance. Should this ETZ Ordinance be found
in conflict with any other state statute, local ordinance, or regulation,
or any existing easement, covenant, or agreement, or any permits previously
issued pursuant to law applicable to the use of any land or structure
in the area specified herein as the extraterritorial zoning jurisdiction
limits, the more stringent law, ordinance, regulation, restriction,
or requirement shall govern.
E.
Interpretation. In their interpretation and applications, the restrictions
and requirements set forth by this ETZ Ordinance shall be deemed the
minimum necessary to conserve the value of land and buildings and
encourage the most appropriate use of land, and other public requirements,
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes.
F.
Repeal. All other ordinances or parts of ordinances of the Village
inconsistent or conflicting with this article, to the extent of the
inconsistency only, are hereby repealed.
G.
Title. This article shall be known as, referred to as, or cited as
the "Extraterritorial Zoning Ordinance, Village of Williams Bay, Wisconsin."
A.
Description of extraterritorial zoning boundaries. The Village hereby
adopts and approves the extraterritorial zoning jurisdiction boundaries
("ETZ boundaries") and ETZ Zoning Map, as submitted by the Joint Extraterritorial
Zoning Committee, working in conjunction with the Village of Williams
Bay Plan Commission, as depicted in Part II of the Official Zoning
Map for the Village, and as described and depicted in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Village office.
B.
Boundary disputes. The above set forth ETZ boundaries are intended
to and shall describe the area evidenced by Part II of the Official
Zoning Map of the Village as to the ETZ boundaries. However, in the
event of any dispute, a court of competent jurisdiction determining
whether an area is included within or excluded from the extraterritorial
zoning jurisdiction shall refer to § 62.23(7a), Wis. Stats.,
which requires all boundary lines to follow government lot or survey
section lines or public roads.
A.
Zoning districts.
(1)
The following zoning districts now existing within Walworth
County are adopted and redesignated as follows:
|
Former Walworth County District
|
Village ETZ District
|
|---|---|
|
A-1
|
A-1, ETZ
|
|
A-2
|
A-2, ETZ
|
|
A-3
|
A-3, ETZ
|
|
A-4
|
A-4, ETZ
|
|
A-5
|
A-5, ETZ
|
|
C-1
|
C-1, ETZ
|
|
C-2
|
C-2, ETZ
|
|
C-3
|
C-3, ETZ
|
|
C-4
|
C-4, ETZ
|
|
P-1
|
P-1, ETZ
|
|
P-2
|
P-2, ETZ
|
|
R-1
|
R-1, ETZ
|
|
R-2
|
R-2, ETZ
|
|
R-2A
|
R-2A, ETZ
|
|
R-3
|
R-3, ETZ
|
|
R-4
|
R-4, ETZ
|
|
B-1
|
B-1, ETZ
|
|
B-2
|
B-2, ETZ
|
|
B-3
|
B-3, ETZ
|
|
B-4
|
B-4, ETZ
|
|
B-5
|
B-5, ETZ
|
|
B-6
|
B-6, ETZ
|
(3)
Finally, for any property within the ETZ boundaries which, as
of the effective date of this ETZ Ordinance, has a Walworth County
Zoning District classification not included among those districts
described in the conversion chart above, said properties, if any,
shall continue to be subject to the text of the Walworth County Zoning
District regulations in effect as of the effective date of the ETZ
Ordinance, which said district regulations are incorporated herein
by reference as if set forth at length herein.
B.
A-1, ETZ Prime Agricultural Land District. The primary purpose of
this district is to maintain, preserve, and enhance agricultural lands
historically exhibiting high crop yields. Such lands are generally
covered by Class I, II, and III soils as rated by the U.S. Department
of Agriculture, Natural Resources Conservation Service. As a matter
of policy, it is hereby determined that the highest and best use of
these lands is agriculture. All structures and improvements must be
consistent with agricultural use.
(1)
Principal uses:
(a)
Single-family dwelling.
(b)
Apiculture (beekeeping).
(c)
Dairying.
(d)
Floriculture (cultivation of ornamental flowering plants).
(e)
Grazing, subject to regulations as set forth in Walworth County
Zoning Ordinance, Section 2.0.
(f)
Livestock raising, except commercial feed lots.
(g)
Orchards.
(h)
Paddocks.
(i)
Plant nurseries.
(j)
Poultry raising, except commercial egg production.
(k)
Raising of grain, grass, mint, and seed crops.
(l)
Raising of tree fruits, nuts and berries.
(m)
Sod farming.
(n)
Vegetable raising.
(o)
Viticulture (grape growing).
(p)
Equestrian trails.
(q)
Forest and game management.
(r)
Greenhouse.
(s)
Nature trails and walks.
(t)
Stables.
(u)
Roadside stand not exceeding one per farm.
(2)
Conditional uses:
(a)
Veterinary services for farm animals.
(b)
Utilities.
(c)
Schools and churches.
(d)
Composting.
(e)
Governmental and cultural uses, such as fire stations, community
centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(f)
Land restoration.
(g)
Two single-family farm dwellings or one two-family farm dwelling
for resident owners, and children of resident owners substantially
engaged in conducting a related principal or approved conditional
use. The need for more than one single-family farm dwelling to support
and carry on the principal or approved conditional use must be established
to the satisfaction of the ETZ Joint Committee before the issuance
of a zoning permit. If approval is granted for more than one farm
dwelling, each additional dwelling may be placed on a parcel separated
from the farm lot provided that any parcel so created conforms with
all regulations set forth in Sections 2.5 and 2.6 of the Walworth
County Zoning Ordinance, except that no such parcel shall be less
than 40,000 square feet in area.
(h)
The separation of farm structures from farmland. The separation
must conform with the regulations set forth in the Walworth County
Zoning Ordinance, Sections 2.5 and 2.6. The parcel shall be not less
than 40,000 square feet in area, nor greater than the larger of either
five acres in area or the acreage necessary to maintain the minimum
yard required in the A-1 ETZ, A-2 ETZ or A-3 ETZ Districts, whichever
applies; it will not leave the balance of the land in a substandard
condition; and the property owner will be required to record deed
restrictions on both the farm separation parcel and on a parcel which
meets the minimum required by the applicable zoning district, which
directly adjoins or abuts the farm separation parcel, and which meets
the intent of these provisions. A Certified Survey Map for said parcel
shall be prepared by a professional land surveyor licensed in the
State of Wisconsin. Said deed restriction shall state that no structures
may be placed on the adjoining acreage without first obtaining a conditional
use permit from the ETZ Joint Committee and that no land may be deeded
to the farm separation parcel which increases its size above that
outlined above without first obtaining proper approval which may include
either a rezone or conditional use.
C.
A-2, ETZ, Agricultural Land District. The primary purpose of this
district is to maintain, preserve, and enhance agricultural lands
historically utilized for crop production but which are not included
within the A-1 ETZ Prime Agricultural Land District and which are
generally best suited for smaller farm units, including truck farming,
horse farming, hobby farming, orchards, and other similar agricultural-related
farming activities.
(1)
Principal uses. All principal uses permitted in the A-1 ETZ
Prime Agricultural Land District.
(2)
Conditional uses:
(a)
Animal hospitals, shelters, and kennels.
(b)
Veterinarian services.
(c)
Utilities.
(d)
Schools and churches.
(e)
Composting.
(f)
Land restoration.
(g)
Governmental and cultural uses such as fire and police stations,
community centers, parks, libraries, public emergency shelters, playgrounds,
museums, historic home sites and landmarks.
(3)
D.
A-3, ETZ, Agricultural Land Holding District. The primary purpose
of this district is to preserve for a limited time period in agricultural
and related open space land uses those lands generally located adjacent
to existing incorporated urban centers within the Williams Bay ETZ
area. It is the intent that urban development be deferred in such
areas until the appropriate legislative bodies concerned determine
that it is economically and financially feasible to provide public
services and facilities for uses other than those permitted in the
district. It is intended that the status of all areas in this district
be reviewed by the Williams Bay/Township Joint ETZ Committee no less
frequently than every three years in order to determine whether, in
light of current land development trends, there should be a transfer
of all or any part of such areas to some other appropriate use district.
Any such review will consider the need for permitting other uses on
such land, the nature of the use or uses to be permitted, and the
cost and availability of the public services and facilities which
will be necessitated by such new use or uses.
(1)
Principal uses. All principal uses permitted in the A-1, ETZ
Prime Agricultural Land District.
(2)
Conditional uses:
(a)
Animal hospitals, shelters and kennels.
(b)
Land restorations.
(c)
Utilities.
(d)
School and churches.
(e)
Composting.
(f)
Governmental and cultural uses such as fire and police stations,
community centers, shelters, parks, playgrounds, museums, historic
home sites and landmarks.
(g)
Golf courses and country clubs.
E.
A-4, ETZ, Agricultural-Related Manufacturing, Warehousing and Marketing
District. The primary purpose of this district is to provide for the
proper location and regulation of manufacturing, warehousing, storage,
and related industrial and marketing activities that are dependent
upon or closely allied to the agricultural industry.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(a)
Recreational vehicle and boat storage.
(b)
Animal hospitals, shelters and boat storage.
(c)
Veterinarian services.
(d)
Land restoration.
(e)
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(f)
Utilities.
(g)
Schools and churches.
(h)
Contractor storage yards.
(i)
Composting.
F.
A-5, ETZ, Agricultural-Rural Residential District. The primary purpose of this district is to permit the utilization of relatively small quantities of land in predominantly agricultural area for rural-residential use. As a matter of policy, it is intended that this district be applied solely to those rural lands that have marginal utility for agricultural use for reasons related to soil, topography, or severance from larger agricultural parcels. It is not intended that this district be utilized to accommodate residential subdivisions as defined in Chapter 375, Land Division, of the Williams Bay Municipal Code.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(a)
Single-family dwellings.
(b)
Home occupations.
(c)
Orchards.
(d)
Vegetable raising.
(e)
Plant nurseries.
(f)
Greenhouses.
(g)
Roadside stands not exceeding one per farm.
(h)
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
G.
C-1, ETZ, Conservation District. The primary purpose of this district
is to preserve, protect, and enhance the lakes, streams, and wetland
areas in the Williams Bay Extraterritorial Zoning District. The proper
regulation of these areas will serve to maintain and improve water
quality, both ground and surface; prevent flood damage; protect wildlife
habitat; prohibit the location of structures on soils which are generally
not suitable for such uses; protect natural watersheds; and protect
the water-based resources of the area.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedure established in § 390-1714.
(2)
Conditional uses:
(a)
Hiking, fishing, trapping, swimming and boating, unless prohibited
by other laws and ordinances.
(b)
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, tree fruits and tree seeds, and wild flowers in
a manner that is not injurious to the natural reproduction of such
crops.
(c)
The practice of silviculture, including the planting, thinning,
and harvesting of timber.
(d)
Construction and maintenance of fences.
(e)
Existing agricultural uses, provided that they do not involve
extension of cultivated areas or extension of or creation of new drainage
systems, and further provided that they do not substantially disturb
or impair the natural fauna, flora, topography, or water regimen.
(f)
Ditching, tiling, dredging, excavating, or filling done to maintain
or repair an existing agricultural drainage system only to the extent
necessary to maintain the level of drainage required to continue the
existing agricultural use.
(g)
The construction and maintenance of piers, docks, and walkways,
including those built on pilings.
(h)
The maintenance, repair, replacement, and reconstruction of
existing streets, roads, and bridges.
(i)
Cultivation of native plants.
(j)
The construction and maintenance of hiking, bicycling, and cross
country ski trails.
(k)
The construction and maintenance of observation towers not to
exceed 35 feet in height.
(l)
The construction and maintenance of ponds and other suitable
conditions for wildlife, wild fowl, and migrating bird habitat.
(m)
Snowmobile trails may be designated for use by the owner upon
specific approval by the ETZ Joint Committee with such use to be limited
to marked designated trails only for the period December 1 to March
1, annually. All-terrain vehicle use is not permitted.
(n)
Stream bed and stream bank improvement and restoration projects.
(o)
The construction and maintenance of official signs such as identification,
educational, informational, directional, warning, parking or traffic
control or similar type signs with the permission of the ETZ Joint
Committee as may be necessary and appropriate for the functioning
of the conservancy district.
(p)
The construction and maintenance of nonresidential buildings
used solely in conjunction with raising of waterfowl, minnows or other
wetland or aquatic animals or used solely for some other purpose which
is compatible with wetland preservation, if such building cannot as
a practical matter be located outside the wetland, provided that:
H.
C-2, ETZ, Upland Resource Conservation District. The primary purpose
of the district is to preserve, protect, enhance, and restore all
significant woodlands, related scenic areas, submarginal farmlands,
and abandoned mineral extraction lands within the Williams Bay Extraterritorial
Zoning District. Regulation of these areas will serve to control erosion
and sedimentation and will promote and maintain the natural beauty
of the ETZ area, while seeking to assure the preservation and protection
of areas of significant topography, natural watersheds, ground and
surface water, potential recreation sites, wildlife habitat, and other
natural resource characteristics that contribute to the environmental
quality of the area.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with procedures established in § 390-1714.
(2)
Conditional uses:
(a)
Farming and related agricultural uses when conducted in accordance
with Walworth County conservation standards.
(b)
Forest preservation.
(c)
Forest and game management.
(d)
Parks and recreation areas; arboreta; botanical gardens.
(e)
Single-family detached dwellings.
(f)
Animal hospitals, shelter, kennels.
(g)
Land restoration.
(h)
Golf courses.
(i)
Utilities.
(j)
Governmental and cultural use such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
I.
C-3, ETZ, Conservancy-Residential District. The primary purpose of
this district is essentially the same as that of the C-2, ETZ District,
namely the protection and preservation of environmentally significant
uplands. It is intended that this district be applied to those relatively
small parcels or which, because of their proximity to urban areas,
have a very high residential value potential. It is thus intended
that this district recognize and attempt to balance man's need for
shelter locations with his need to protect and restore the natural
environment. Because of its residential character and smaller lot
area minimum, farming and commercial recreation uses are not permitted.
J.
C-4, ETZ, Lowland Resource Conservation District. The primary purpose
of this district is to preserve, protect, and enhance the lakes, streams,
and wetland areas in the ETZ Zoning District. The proper regulation
of these areas will serve to maintain and improve water quality, both
ground and surface; prevent flood damage; protect wildlife habitat;
prohibit the location of structures on soils which are generally not
suitable for such use; protect natural watersheds; and protect the
water-based recreational resources of the ETZ Area.
(1)
Designation. The C-4, ETZ, District includes all shorelands
in the jurisdiction of this article which are designated as wetlands
on the Final Wisconsin Wetland Inventory Maps, dated June 27, 1983,
that are hereby adopted and made a part of this article.
(2)
Principal uses. The following uses are permitted, subject to general shoreland zoning regulations in § 390-1709 of this article, the provisions of Chapters 30 and 31 of the Wisconsin Statutes, and the provisions of other state and federal laws, if applicable:
(a)
Activities and uses which do not require the issuance of a zoning
permit but which must be carried on without filling, flooding, draining,
dredging, ditching, tiling or excavating:
[1]
Hiking, fishing, trapping, hunting, swimming, and
boating;
[2]
The harvesting of wild crops, such as marsh hay,
ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a
manner that is not injurious to the natural reproduction of such crops;
[3]
The practice of silviculture, including the planting,
thinning and harvesting of timber;
[4]
The pasturing of livestock and the construction
and maintenance of fences;
[5]
The cultivation of agricultural crops;
[6]
The construction and maintenance of duck blinds;
[7]
The construction and maintenance of piers, docks
and walkways, including those built on pilings; and
[8]
The maintenance, repair, replacement and reconstruction
of existing town and county highways and bridges.
(b)
Uses which do not require the issuance of a zoning permit and
which may involve filling, flooding, draining, dredging, ditching,
tiling, or excavating to the extent specifically provided below:
[1]
Temporary water level stabilization measures, in
the practice of silviculture, which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
[2]
Dike and dam construction and ditching for the
purpose of growing and harvesting cranberries; and
[3]
Ditching, tiling, dredging, excavating or filling
done to maintain or repair existing agricultural drainage systems
only to the extent necessary to maintain the level of drainage required
to continue the existing agricultural use.
(3)
Conditional uses.
(a)
The construction and maintenance of roads which are necessary
to conduct silvicultural activities or are necessary for agricultural
cultivation, provided that:
[1]
The road cannot as a practical matter be located
outside wetland; and
[2]
The road is designed and constructed to minimize
the adverse impact upon the natural functions of the wetland and meets
the following standards:
[a]
The road shall be designed and constructed as a
single-lane roadway with only such depth and width necessary to accommodate
the machinery required to conduct agricultural and silvicultural activities;
[b]
Road construction activities are to be carried
out in the immediate area of the roadbed only; and
[c]
Any filling, flooding, draining, dredging, ditching,
tiling or excavating that is to be done must be necessary for the
construction or maintenance of the road.
(b)
The construction and maintenance of nonresidential buildings
used solely in conjunction with raising of waterfowl, minnows or other
wetland or aquatic animals or used solely for some other purpose which
is compatible with wetland preservation, if such building cannot as
a practical matter be located outside the wetland, provided that:
(c)
The establishment and development of public and private parks
and recreation areas, boat access sites, natural and outdoor education
area, historic and scientific area, wildlife refuges, game preserves,
and private wildlife habitat areas, provided that:
[1]
Any private recreation or wildlife habitat area
must be used exclusively for that purpose;
[2]
No filling is to be done except limited filling
which is necessary for the development of a boat access site; and
[3]
Ditching, excavating, dredging, and dike and dam
construction may be done in wildlife refuges, game preserves and private
wildlife habitat or to otherwise enhance wetland values.
(d)
The construction and maintenance of electric, gas, telephone,
water and sewer transmission and distribution lines, and related facilities,
by public utilities and cooperative associations organized for the
purpose of producing or furnishing heat, light, power or water to
their members, provided that:
[1]
The transmission and distribution lines and related
facilities cannot as a practical matter be located outside the wetland;
and
[2]
Any filling, excavating, ditching or draining that
is to be done must be necessary for such construction or maintenance
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
(4)
Prohibited uses. Any use not listed in § 390-1703J(2) or (3) is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this article in accordance with § 390-1717 and Chapter NR 115, Wisconsin Administrative Code.
(5)
Establishment. When an apparent discrepancy exists between the
shoreland-wetland district shown on the Official Zoning Map and actual
field conditions at the time the maps were adopted, the ETZ Joint
Committee shall contact the appropriate field office of the Department
of Natural Resources to determine if the Shoreland-Wetland District
as mapped is in error. If the Department staff concur with the ETZ
Joint Committee that a particular area was incorrectly mapped as a
wetland, the ETZ Joint Committee shall have the authority to immediately
grant or deny a land use permit in accordance with the regulations
applicable to the correct zoning district. In order to correct wetland
mapping errors shown on the Official Zoning Map, the ETZ Joint Committee
shall be responsible for initiating a shoreland-wetland map amendment
within a reasonable period of time.
K.
P-1, ETZ, Recreational Park District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
Parks, general recreation
|
|
Parks, leisure and ornamental
|
|
Forest preserves
|
|
Boat rentals and boat access sites
|
|
Gymnasiums and athletic clubs
|
|
Ice skating
|
|
Picnic grounds
|
|
Play fields and athletic fields
|
|
Playgrounds
|
|
Play lots and tot lots
|
|
Recreational accessways
|
|
Forest and game management
|
|
Golf courses and country clubs
|
|
Ski hills
|
|
Yachting clubs and marinas
|
|
Hunting and fishing clubs
|
|
Cultural activities
|
|
Amusement activities
|
|
Public assembly uses
|
|
Riding stable
|
|
Archery ranges
|
|
Golf driving ranges
|
|
Sports fields facilities
|
|
Polo fields
|
|
Skating rinks
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, and museums
|
|
Municipal utilities
|
L.
P-2, ETZ, Institutional Park District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with procedures established in § 390-1714.
(2)
Conditional uses:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
|
Churches, synagogues, and temples
|
|
Rectories and convents
|
|
College dormitories
|
|
Hospitals
|
|
Junior colleges
|
|
Monasteries
|
|
Nursing homes and sanitariums
|
|
Nursery schools and day-care centers
|
|
Orphanages
|
|
Retirement homes
|
|
Universities and colleges
|
|
Lodges and fraternal buildings
|
|
Town hall or town garage
|
|
Golf courses and country clubs
|
|
Ski hills
|
|
Yachting clubs and marinas
|
|
Cultural activities
|
|
Public assembly uses
|
|
Riding stables
|
|
Archery ranges
|
|
Golf driving ranges
|
|
Sports fields
|
|
Polo fields
|
|
Airports, airstrips, landing fields, and heliports
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
and museums
|
|
Municipal utilities
|
|
Schools
|
|
Cemeteries and crematories
|
|
Recycling centers
|
|
Composting
|
M.
R-1, ETZ, Single-Family Residence District (unsewered). The Single-Family
Residence District is hereby established to provide location for and
maintain values of low-density single-family development only.
(1)
Principal uses:
(a)
Single-family detached dwellings on lots not served by public
sanitary sewer.
(3)
Conditional uses:
(a)
Golf courses and country clubs.
(b)
Planned residential developments.
(c)
Home occupations including barbering and beauty culture.
(d)
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(e)
Municipal utilities.
(f)
Schools and churches.
N.
R-2, ETZ, Single-Family Residence District (sewered). The Single-Family
Residence District is hereby established to provide location for and
maintain values of low-density single-family development only.
(3)
Conditional uses:
(a)
Golf courses and country clubs.
(b)
Planned residential developments.
(c)
Home occupations including barbering and beauty culture.
(d)
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(e)
Municipal utilities.
(f)
Schools and churches.
O.
R-2A, ETZ, Single-Family Residence District (Sewered). The primary
purpose of the R-2A District is to require larger residential sewered
lots in environmentally sensitive areas. Such environmentally sensitive
areas may include but not be limited to environmental corridors, shoreland
areas and significant woodlands.
(3)
Conditional uses:
(a)
Golf courses and country clubs.
(b)
Planned residential developments.
(c)
Home occupations including barbering and beauty culture.
(d)
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(e)
Municipal utilities.
(f)
Schools and churches.
P.
R-3, ETZ, Two-Family Residence District (Sewered or Unsewered).
(3)
Conditional uses:
(a)
Golf courses and country clubs.
(b)
Planned residential developments.
(c)
Home occupations including barbering and beauty culture.
(d)
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(e)
Municipal utilities.
(f)
Schools and churches.
Q.
R-4, ETZ, Multiple-Family Residence District (Sewered or Unsewered).
(1)
Principal uses: All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(3)
Conditional uses:
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Multiple-family dwellings.
(d)
Golf courses and country clubs.
(e)
Planned residential developments.
(f)
Lodges and fraternal buildings.
(g)
Nursery schools and day-care centers.
(h)
Government and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks.
(i)
Municipal utilities.
(j)
Schools and churches.
(4)
Area, height and yard requirements:
(a)
Multiple-family density: maximum six dwelling units per net
developable acre.
(c)
Lot (unsewered): width and area of all lots to be determined
in accordance with Walworth County Zoning Ordinance Section 2.5. No
more than four dwelling units per building shall be permitted on an
unsewered lot.
(d)
Building height: maximum 35 feet.
(5)
Park and open space lands. Park and open space land, exclusive
of required yards, access drives, and parking area, shall comprise
at least 20% of the total development area. Such required park and
open space land may be placed in more than one location within the
development area; provided, however, that no single such area shall
contain less than 1/2 acre and that such area shall have its least
dimension more than 1/4 its length.
R.
B-1, ETZ, Local Business District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
Bakeries
|
|
Barber shops
|
|
Beauty shops
|
|
Business offices
|
|
Clinics
|
|
Clothing and apparel stores
|
|
Clubs
|
|
Confectioneries
|
|
Delicatessens
|
|
Drugstores
|
|
Fish markets
|
|
Florists
|
|
Fruit stores
|
|
Gift stores
|
|
Grocery stores
|
|
Hardware stores
|
|
Hobby stores
|
|
Lodges
|
|
Meat markets
|
|
Optical stores
|
|
Packaged beverage stores
|
|
Professional offices
|
|
Restaurants
|
|
Self-service and pick-up laundry and dry cleaning establishments
|
|
Sporting goods stores
|
|
Supermarkets
|
|
Tobacco stores
|
|
Vegetable stores
|
|
Antique shops
|
|
One residential dwelling unit when located within the principal
building structure
|
|
On and off-season storage facilities
|
|
Lodges and fraternal buildings
|
|
Nursing homes
|
|
Nursery and day-care centers
|
|
Vehicle sales and service
|
|
Public parking lots
|
|
Taxi stands
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks
|
S.
B-2, ETZ, General Business District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
All conditional uses permitted in the B-1, ETZ, Local Business
District
|
|
Appliance stores
|
|
Caterers
|
|
Churches
|
|
Clothing repair stores
|
|
Crockery stores
|
|
Department stores
|
|
Electrical supply
|
|
Financial institutions
|
|
Food lockers
|
|
Furniture stores
|
|
Furniture upholstery shops
|
|
Heating supply
|
|
Hotels and motels
|
|
Laundry and dry cleaning establishments not employing over 7
persons
|
|
Liquor stores, bars, taverns, cocktail lounges
|
|
Music stores
|
|
Newspaper offices and press rooms
|
|
Night clubs and dance halls
|
|
Office supply stores
|
|
Pawn shops
|
|
Personal service establishments
|
|
Pet shops
|
|
Photographic supplies
|
|
Plumbing supplies
|
|
Printing
|
|
Private clubs
|
|
Private schools
|
|
Publishing
|
|
Radio broadcasting studios
|
|
Secondhand stores
|
|
Television broadcasting studios
|
|
Trade and contractor's offices
|
|
Upholsterer's stores
|
|
Variety stores
|
|
Boat and marine supplies not including manufacturing
|
|
Gasoline service stations
|
|
One residential dwelling unit when located within the principal
business structure
|
|
Public assembly uses
|
|
Animal hospitals, shelters and kennels
|
|
Commercial recreational facilities
|
|
On- and off-season storage facilities
|
|
Lodges and fraternal buildings
|
|
Nursing homes
|
|
Nursery and day-care centers
|
|
Retirement homes
|
|
Drive-in theaters
|
|
Funeral homes
|
|
Drive-in banks
|
|
Vehicle sales and service
|
|
Public parking lots
|
|
Taxi stands
|
|
Building contractors storage yards
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks
|
|
Municipal utilities
|
|
Heliports, bus and rail depots
|
|
Schools and churches
|
|
Hospitals; sanitariums; religious, charitable, penal, and correctional
institutions; cemeteries and crematories
|
|
Packing, packaging, and light assembly of products from furs,
glass, metals, paper, leather, plaster, plastics, textiles, and wood
|
|
Tanning studios
|
|
Small engine repair shops
|
|
Flea markets
|
T.
B-3, ETZ, Waterfront Business District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
All conditional uses permitted in the B-1 and B-2 Districts
|
|
Boat rental and boat access sites
|
|
Boats and marine supplies
|
|
Bowling alleys
|
|
Hotels, motels, and tourist courts
|
|
Bait shops
|
|
Restaurants
|
|
Skating rinks
|
|
Sporting goods and supplies
|
|
Supper clubs
|
|
Swimming beaches and pools
|
|
Taverns and bars
|
|
Yachting clubs and marinas
|
|
Bath houses
|
|
Boat liveries
|
|
Dance halls
|
|
One residential dwelling unit when located within the principal
business structure
|
|
Public assembly uses
|
|
Commercial recreational facilities
|
|
On and off-season storage facilities
|
|
Lodges and fraternal buildings
|
|
Nursing homes
|
|
Nursery and day-care centers
|
|
Retirement homes
|
|
Drive-in food and beverage establishments
|
|
Vehicles sales and service
|
|
Public parking lots
|
|
Taxi stands
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks
|
|
Municipal utilities
|
|
Schools and churches
|
(3)
Area, height and yard requirements:
(a)
Lot area: minimum sufficient area for the principal structure and its accessory buildings, off-street parking and loading as required by § 390-1704, and all required yards. In addition, in all areas not served by a centralized sanitary sewerage system, the lot area shall comply with the requirements of Walworth County Zoning Ordinance Section 2.5.
(b)
Building height: maximum 35 feet.
U.
B-4, ETZ, Highway Business District.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
All conditional uses permitted in the B-1 and B-2 Districts
|
|
Automobile and truck retail services
|
|
Automobile and repair services
|
|
Bars and taverns
|
|
Candy, nut, and confectionery sales
|
|
Gasoline service stations
|
|
Gift, novelty, and souvenir sales
|
|
Hotels, motels, and tourist courts
|
|
Night clubs and dance halls
|
|
Restaurants
|
|
Sales, service, and installation of tires, batteries and accessories
|
|
One residential dwelling unit when located within the principal
business structure
|
|
Animal hospitals, shelters, and kennels
|
|
Yachting clubs and marinas
|
|
Public assembly uses
|
|
Commercial recreation facilities
|
|
On- and off-season storage facilities
|
|
Lodges and fraternal buildings
|
|
Nursing homes
|
|
Nursery and day-care centers
|
|
Retirement homes
|
|
Drive-in food and beverage establishments
|
|
Drive-in bank
|
|
Vehicle sales and service
|
|
Public parking lots
|
|
Taxi stands
|
|
Governmental and cultural uses such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
museums, historic home sites and landmarks
|
|
Municipal utilities
|
|
Schools and churches
|
|
Commercial greenhouses
|
(3)
Area, height, and yard requirements:
(a)
Lot area: minimum sufficient area for the principal structure and its accessory buildings, off-street parking and loading areas required by § 390-1704, and all required yards. In addition, in all areas not served by a centralized sanitary sewerage system, the lot area shall comply with the requirements of Walworth County Zoning Ordinance Section 2.5.
(b)
Building height: maximum 35 feet.
V.
B-5, ETZ, Planned Commercial-Recreation Business District. The primary
purpose of this district is to permit on a planned basis major commercial-recreation
development projects, including recreation-related residential land
uses. Such planned development projects are likely to include a large
number of different individual land uses which are needed to carry
on and support the primary commercial-recreational venture.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in § 390-1714.
(2)
Conditional uses:
|
Aircraft landing and takeoff fields
| ||
|
Amusement parks and miniature golf courses
| ||
|
Boat rentals and boat access sites
| ||
|
Dance halls
| ||
|
Restaurants, taverns, bars, and night clubs
| ||
|
Drive-in movies
| ||
|
Dude ranches
| ||
|
Fairgrounds
| ||
|
Health and recreational resorts, including the following uses
which may be permitted as a part of the resort complex, provided that
either in combination or individually they do not occupy more than
25% of the total floor area of the principal resort buildings:
| ||
|
Retail sales
| ||
|
Antiques
| ||
|
Books
| ||
|
Camera and photographic supplies
| ||
|
Candy, nut and confectionery
| ||
|
China, glassware, and metalware
| ||
|
Cigars, cigarettes, and tobacco
| ||
|
Flowers
| ||
|
Fur apparel
| ||
|
Gifts, novelties, and souvenirs
| ||
|
Jewelry
| ||
|
Men's and boy's clothing and furnishings
| ||
|
Music supplies
| ||
|
Newspapers and magazines
| ||
|
Shoes
| ||
|
Sporting goods
| ||
|
Stationery
| ||
|
Toys
| ||
|
Women's and girl's clothing and furnishings
| ||
|
Personal services
| ||
|
Artists services
| ||
|
Barber services
| ||
|
Beauty services
| ||
|
Dry cleaning
| ||
|
Laundry
| ||
|
Photographic studios
| ||
|
Shoe repair and cleaning services
| ||
|
Custom tailoring
| ||
|
Travel arranging services
| ||
|
Go-cart tracks
| ||
|
Golf course and related facilities
| ||
|
Hotels and motels
| ||
|
Penny arcades
| ||
|
Race tracks
| ||
|
Riding stables
| ||
|
Roller skating rinks
| ||
|
Skiing and tobogganing
| ||
|
Snowmobile trails
| ||
|
Swimming beaches
| ||
|
Golf courses and country clubs
| ||
|
Ski hills
| ||
|
Yachting clubs and marinas
| ||
|
Public or private campgrounds
| ||
|
Cultural activities
| ||
|
Amusement activities
| ||
|
Public assembly uses
| ||
|
Archery ranges
| ||
|
Golf driving range
| ||
|
Sports field
| ||
|
Polo field
| ||
|
Skating rinks
| ||
|
Commercial recreational facilities
| ||
|
On and off-season storage facilities
| ||
|
Lodges and fraternal buildings
| ||
|
Nursing homes
| ||
|
Nursery and day-care centers
| ||
|
Retirement homes
| ||
|
Drive-in theaters
| ||
|
Motels, hotels, and tourist courts
| ||
|
Vehicle sales and service
| ||
|
Public parking lots
| ||
|
Taxi stands
| ||
|
Airports, airstrips, landing fields, and heliports
| ||
|
Municipal utilities
| ||
|
Schools and churches
| ||
|
Commercial water slides
| ||
|
Single-family and multiple-family dwelling units when located on the same site with health or recreational resorts; provided, however, that the transfer of ownership of any dwelling units may only include, therewith, a fractional interest in the site on which the dwelling unit is located, and such transfer shall not result in a subdivision or minor subdivision as defined under Chapter 375, Land Division. Any permitted dwelling units may be used either for the accommodation of transient guests or exclusively for living quarters for one family.
| ||
|
Governmental and cultural centers, libraries, public emergency
shelters, parks, playgrounds, museums, historic home sites and landmarks
| ||
(3)
Area, height and yard requirements:
(a)
Dwelling unit density. No planned development approved as a
conditional use in the B-5, ETZ District may, with respect to that
area exclusively devoted to residential land uses, exceed 10 dwelling
units per net developable acre.
(b)
Building height: maximum 35 feet.
(e)
Open space: minimum 70% of total lot area.
W.
B-6, ETZ, Bed-and-Breakfast District. The Bed-and-Breakfast District
is hereby established to provide areas to include bed-and-breakfast
establishments which meet all state code requirements for such establishments.
X.
M-1, ETZ, Industrial District. The M-1 ETZ Industrial District is
intended to provide for the orderly development of manufacturing or
industrial operations, which, on the basis of actual physical and
operational characteristics, would not be detrimental to the surrounding
area or to the ETZ District as a whole by reason of smoke, noise,
dust, odor, traffic, physical appearance, or other similar factors,
and to establish such regulatory controls as will reasonably ensure
compatibility with the surrounding area in this respect. Uses which
are generally perceived as being of a nuisance nature or considered
to be a hazard to human life should not be permitted as a matter of
right, but permitted only as conditional uses after careful study
and review. Listed conditional uses should not normally abut directly
upon residential districts.
(1)
Principal uses. All uses in this district are conditional uses and must be approved in accordance with procedures established in § 390-1714.
(2)
Conditional uses.
|
Automotive and marine products; storage, manufacturing, and
repair/cleaning, dressing, and dyeing
|
|
Commercial bakeries
|
|
Commercial greenhouses
|
|
Cosmetic manufacturing
|
|
Distributors
|
|
Electrical appliances manufacturing
|
|
Electronic devices manufacturing
|
|
Farm machinery sales and repair
|
|
Food locker plants
|
|
Glass manufacturing
|
|
Jewelry manufacturing
|
|
Instrument manufacturing
|
|
Laboratories
|
|
Leather fabrication, not including tanning
|
|
Machine shops
|
|
Manufacture and bottling of nonalcoholic beverages
|
|
Mini warehousing
|
|
Packaging and packing of confections
|
|
Packaging and assembly of products made from fur
|
|
Painting
|
|
Pharmaceutical processing
|
|
Printing and publishing
|
|
Storage and sale of machinery and equipment
|
|
Tobacco and toiletries
|
|
Upholstery
|
|
Warehousing
|
|
Wholesaling
|
(3)
Permitted accessory uses.
(a)
Garages for storage of vehicles used in conjunction with the
operation of an industry.
(b)
Off-street parking and loading areas.
(c)
Office, storage, power supply, and other uses normally auxiliary
to the principal industrial operations.
(d)
Residential quarters for the owner or caretaker.
(e)
Satellite dish antennas located on the roof of the principal
structure or in the rear yard. Where the satellite dish is roof-mounted,
a registered professional engineer shall certify that the structure
is adequate to support the load.
(f)
Roof-mounted solar collectors, provided that a registered professional
engineer shall certify that the structure is adequate to support the
load.
(4)
Certain incompatible uses prohibited. The following uses are
considered to be incompatible with the residential characteristics
of the Village and surrounding area and are herewith prohibited:
(a)
Manufacturing of ammonia, asbestos, asphalt, cement, chlorine,
coal tar, creosote, explosives, fertilizer, glue, gypsum, insecticide,
lampblack, poison, pulp, pyroxylin, and radium.
(b)
Processing ammonia, asbestos, asphalt, cabbage, chlorine, coat
tar, creosote, explosives, fertilizer, fish, glue, grease, gypsum,
insecticides, lampblack, offal, poison, pulp, pyroxylin, and radioactive
materials.
(c)
Storage of bulk fertilizer, explosives, gasoline in excess of
50,000 gallons, grease, and radioactive materials.
(d)
Forges, foundries, garbage incinerators, animal reduction, rubbish
storage, slaughter houses, smelters, stockyards, and tanneries.
Y.
I-1, ETZ, Institutional District. The I-1 ETZ Institutional District
is intended to eliminate the ambiguity of maintaining, in unrelated
use districts, areas which are under public or public-related ownership
and where the use for public purpose is anticipated to be permanent.
(1)
Permitted uses.
(a)
Public or private schools, colleges, universities, field campuses,
or outdoor educational facilities.
(b)
Churches.
(c)
Funeral homes.
(d)
Hospitals, sanatoriums, nursing homes, and clinics.
(e)
Libraries, community centers, conference centers, museums, and
public art galleries.
(f)
Observatories and planetariums.
(g)
Public administrative offices, and public service buildings,
including fire and police stations.
(h)
Municipal utility offices.
(2)
Permitted accessory uses.
(a)
Residential quarters for caretakers or clergy.
(b)
Garages for storage of vehicles used in conjunction with the
operation of a permitted use.
(c)
Service buildings and facilities normally accessory to the permitted
use.
(d)
Satellite dish antennas located on the roof of the principal
structure or in the rear yard. Where the satellite dish is roof-mounted,
a registered professional engineer shall certify that the structure
is adequate to support the load.
(4)
(5)
Plans and specifications to be submitted to Extraterritorial
Zoning Committee. To encourage an institutional use environment that
is compatible with the residential character of the Village of Williams
Bay, and the extraterritorial zoning area, zoning permits for permitted
uses in the Institutional District shall not be issued without review
and approval of the appropriate joint Extraterritorial Zoning Committee
and the Village of Williams Bay Plan Commission and approval shall
be concerned with general layout, building plans, ingress, egress,
parking, loading and unloading, and landscape plans.
Z.
PUD ETZ Planned Unit Development Overlay District. The Planned Unit
Development (PUD) Overlay District is intended to permit areas to
be developed as a single entity according to a plan, containing one
or more residential clusters, limited commercial clusters, or planned
residential developments, and public, quasi-public, agricultural and/or
conservation areas.
(1)
Purpose and intent. The PUD is established herein to provide
a regulatory framework designed to encourage and promote improved
environmental design by allowing for greater freedom, imagination
and flexibility in the development of land while insuring substantial
compliance with the basic intent of the Zoning Ordinance and the general
plan for community development. Consistent with this intent it allows
diversification and variation in relationship of uses, structures,
open spaces and heights of structures in developments conceived and
implemented as comprehensive and cohesive unified projects. It is
further intended to encourage more rational and economic development
with relation to public services, and can encourage and facilitate
preservation of open land. The unified and planned development of
a site in single or corporate ownership or control or in common ownership
under the Unit Ownership Act as set forth in Chapter 703 of the Wisconsin
Statutes (Condominiums) may be permitted by the Village upon specific
petition under this section of the chapter and after public hearing,
with such development encompassing one or more principal uses or structures
and related accessory uses or structures when all regulations and
standards as set forth in this section of the chapter have been met.
(2)
Permitted uses. Uses permitted in a PUD shall conform to the
uses, principal and/or conditional, permitted in the underlying zoning
district classification.
(3)
Minimum area requirements. Areas designated as Planned Unit
Development Districts shall be under single or corporate ownership
or control, and shall contain a minimum development area of:
|
Principal Uses
|
Minimum Area of PUD
(acres)
|
|---|---|
|
Residential PUD
|
20
|
|
Commercial PUD
|
30
|
|
Industrial PUD
|
35
|
(4)
Procedural requirements.
(a)
Pre-petition conference. Prior to the official submission of
the petition for the approval of a Planned Unit Development Overlay
District or development of said district, the owner or his agent making
such petition is encouraged to consult with the Plan Commission of
the town in which the property is located. Subsequent to that meeting
or, if no meeting is held with the town Plan Commission prior to the
official submission of the petition the owner or his agent making
such petition shall meet with the appropriate joint Extraterritorial
Zoning Committee to discuss the scope and proposed nature of the contemplated
development.
(b)
Petition. Following the pre-petition conference, the owner or his agent may file a petition with the Village Clerk for approval of a Planned Unit Development Overlay District. Such petition shall be accompanied by a review fee, as required by § 390-1718 and the following information:
[1]
A statement which sets forth the relationship of
the proposed PUD to the Village's and the extraterritorial master
plan or any adopted component thereof, and the general character of
and the uses to be included in the proposed PUD, including the following
information:
[a]
Total area to be included in the PUD, area of open
space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services and any other similar data pertinent to a comprehensive evaluation
of the proposed development.
[b]
A general summary of the estimated value of structures
and site improvement costs, including landscaping and special features.
[c]
A general outline of the organizational structure
of a property owners' or management's association, which may be proposed
to be established for the purpose of providing any necessary private
services.
[d]
Any proposed departures from the standards of development
as set forth in the Village zoning regulations, other Village regulations,
or administrative rules, or other universal guidelines.
[e]
The expected date of commencement of physical development
as set forth in the proposal.
[2]
A general development plan including:
[a]
A legal description of the boundaries of the subject
property included in the proposed PUD and its relationship to surrounding
properties.
[b]
The location of existing and proposed public and
existing private roads, existing and proposed driveways, and existing
and proposed parking facilities.
[c]
The size, arrangement, and location of any individual
building sites and proposed building groups on each individual site.
[d]
The location of institutional, recreation, and
open space areas and areas reserved or dedicated for public uses,
including schools, parks, and drainageways.
[e]
The type, size, and location of all structures.
[f]
General landscape treatment.
[g]
Architectural plans, elevation, and perspective
drawings and sketches illustrating the design and character of proposed
structures.
[h]
The existing and proposed location of public sanitary
sewer and water supply facilities.
[i]
The existing and proposed location of all private
utilities or other easements.
[j]
Characteristics of soils related to contemplated
specific uses.
[k]
Existing topography on the site with contours at
not greater than two-foot intervals.
[l]
A stormwater management plan for development of
the site.
[m]
A construction erosion control plan for the project.
[n]
Anticipated uses of adjoining lands in regard to
roads, surface water drainage, and compatibility with existing adjacent
land uses.
(c)
Referral to Joint Extraterritorial Zoning Committee (ETZ Joint
Committee) and Plan Commission. The petition for a Planned Unit Overlay
Development District shall be referred to the appropriate ETZ Joint
Committee and Plan Commission, which shall formulate tentative recommendations
for the petition, including any additional conditions or restrictions
which it may deem necessary or appropriate. The ETZ Joint Committee
shall then hold a public hearing thereon. Notice of a hearing shall
be given by publication in a newspaper having general circulation
in the area to which the petition pertains as a Class 2 notice, under
Ch. 985, Wis. Stats., during the preceding 30 days, and by mailing
notice to the Town Clerk of the town in which the land to which the
petition pertains is located. Following the public hearing, the ETZ
Joint Committee shall vote on the proposed petition including any
conditions or restrictions which it may deem necessary or appropriate.
The Village may not adopt the petition, or amendments thereto, unless
the petition, or amendments thereto, receives a favorable vote of
the majority of the six members of the ETZ Joint Committee. Such vote
shall be deemed action taken by the entire Plan Commission.
(d)
Referral to Village Board. The Village Board may adopt by ordinance the proposed petition for a Planned Unit Development Overlay District including the conditions or restrictions recommended by the ETZ Joint Committee after giving notice and holding a hearing as provided in Subsection Z(4)(c), or the Village Board may change the proposed conditions or restrictions for the proposed Planned Unit Development District after first submitting the proposed changes to the ETZ Joint Committee for recommendation and report. The ETZ Joint Committee and the Village Board may hold a joint hearing on the proposed changes after giving notice as provided in Subsection Z(4)(c).
(5)
Basis for approval of the petition. The ETZ Joint Committee
in making its recommendation and the Village Board in making its determination
shall consider:
(a)
That the proposed Planned Unit Development Overlay District
is consistent in all respects with the purpose of this section and
the spirit and intent of this chapter; is in conformity with the adopted
master plan or any adopted component thereof; and that the development
would not be contrary to the general welfare and economic prosperity
of the community.
[1]
The ETZ Joint Committee shall specify lot area, width, yard, and
height requirements in the granting of a permit. The requirements
of the underlying zoning district may be relaxed to the discretion
of the ETZ Joint Committee but in no case shall the maximum number
of units per square foot in relation to the total development be exceeded
for the underlying zoning district. However, the ETZ Joint Committee
shall not grant approval for any building or structure exceeding 35
feet in height.
[2]
The ETZ Joint Committee, in making its recommendations, and the Village
Board, in making its determination, shall further find that:
[a]
The proposed site shall be provided with adequate
drainage facilities for surface water and stormwater.
[b]
The proposed site shall be accessible from public
roads that are adequate to carry the traffic that can be expected
to be generated by the proposed development.
[c]
No undue constraint or burden will be imposed on
public services and facilities, such as fire and police protection,
street maintenance, and maintenance of public areas, by the proposed
development.
[d]
The streets and driveways on the site of the proposed
development shall be adequate to serve the residents of the proposed
development and shall meet the minimum standards of all applicable
ordinances or administrative regulations of the Village.
[e]
Public water and sewer facilities shall be provided.
[f]
Natural areas such as significant woodlands, meadows,
wetlands, wildlife habitat areas, lakes, streams, and floodplain shall
be protected as "environmental corridors." Environmental corridors
shall not be used in the calculation of residential densities within
a planned unit development.
[g]
The entire tract or parcel of land to be included
in a Planned Unit Development Overlay District shall be held under
single ownership, or if there is more than one owner, the petition
for such Planned Unit Development Overlay district shall be considered
as one tract, lot or parcel, and the legal description must define
said PUD as a single parcel, lot or tract and be so recorded with
the Register of Deeds for Walworth County.
(b)
That in the case of a proposed residential Planned Development
project:
[1]
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space, and coordination with overall
plans for the community.
[2]
The total net density within the Planned Unit Development
Overlay District will be compatible with the density of development
either existing or permitted in areas adjacent to the proposed PUD
project.
[3]
Provision has been made for the installation of
adequate public facilities and the continuing maintenance and operation
of such facilities.
[4]
Adequate, continuing fire and police protection
is available.
[5]
The population composition of the development will
not have an adverse effect upon the community's capacity to provide
needed school or other municipal service facilities.
[6]
Adequate guarantee is provided for permanent preservation
of open space areas as shown on the approved site plan either by private
reservation and maintenance or by dedication to the public.
(c)
That in the case of a proposed commercial Planned Unit Development
project:
[1]
The proposed development will be adequately served
by off-street parking and truck service facilities.
[2]
The proposed development shall be adequately provided
with and shall not impose any undue burden on public services and
facilities such as fire and police protection, street maintenance,
and maintenance of public areas.
[3]
The locations for entrances and exits have been
designated to prevent unnecessary interference with the safe and efficient
movement of traffic on surrounding streets, and the development will
not create an adverse effect upon the general traffic pattern of the
surrounding neighborhood.
[4]
The architectural design, landscaping, control
of lighting, and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood.
(d)
That in the case of a proposed industrial Planned Unit Development
project:
[1]
The operational character, physical plant arrangement,
and architectural design of buildings will be compatible with the
latest in performance standards and industrial development design
and will not result in adverse effect upon the property values of
the surrounding neighborhood.
[2]
The proposed development shall be adequately provided
with and shall not impose any undue burden on public services and
facilities, such as fire and police protection, street maintenance,
and maintenance of public areas.
[3]
The proposed development will include adequate
provisions for off-street parking and truck service areas and will
be adequately served by rail and/or arterial highway facilities.
[4]
The proposed development is properly related to
the total transportation system of the community and will not result
in an adverse effect on the safety and efficiency of public streets.
(6)
Changes and additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the appropriate Joint Extraterritorial Zoning Committee and Plan Commission for its review and approval and, if in the opinion of the ETZ Joint Committee, such change or addition constitutes a material alteration of the original plan, the procedural requirements Subsection Z(4)(c) and (d) shall apply
(7)
Subsequent land division. The division of any land or lands
within a Planned Unit Development District for the purpose of change
or conveyance of ownership shall be accomplished pursuant to the land
division regulations of the Village and when such division is contemplated,
a preliminary plat of lands to be divided shall accompany the petition
for PUD approval.
(8)
Development of preexisting Planned Unit Development Districts. It shall be the policy of the Village of Williams Bay to create ETZ Planned Unit Development Districts only in those areas where a detailed unified development plan has been presented and approved. In areas where the district was applied prior to the enactment of this article, or where approved petitions have not been implemented within a reasonable period of time, the subsequent development of the PUD shall require the issuance of a conditional use permit. Such conditional use permit shall be issued only after a new petition has been filed and approved by the Joint Committee and the Village Board after a new public hearing in the manner required in Subsection Z(4)(d). The Village Board may set a time schedule for the completion of a planned unit development project. Any existing undeveloped Planned Unit Development District shall be reviewed annually in April by the ETZ Joint Committee and report regarding the disposition of that district shall be made to the Village Board.
(9)
Applicability. This section shall be applicable to all property
within the Extraterritorial Zoning Jurisdiction of the Village of
Williams Bay with the exception of that property located within the
Town of Walworth. It is the intent that no PUD shall be permitted
in the Town of Walworth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
To ensure consistent, equitable, and proper administration of extraterritorial zoning by the Village, the following sections of the Village Zoning Ordinance, as set forth in Chapter 390 of the Municipal Code of the Village, are hereby incorporated into this article as though fully set forth herein, including any future amendments thereto, and shall apply to all property within the ETZ Boundaries and the zoning districts existing therein:
A.
The Village Zoning Administrator is hereby designated as the administrative
and enforcement officer for the provisions of this article, subject
to the review of the ETZ Joint Committee in its discretion except
where such authority is otherwise specifically delegated to a town
Building Inspector. In the absence of a Village Zoning Administrator,
the Village Building Inspector is hereby designated as the Village
Zoning Administrator for the provisions of this article. The duty
of the Zoning Administrator shall be to interpret and administer this
article and to issue, after on-site inspection, all permits required
by this article.
B.
No structure shall be hereafter located, erected, moved, reconstructed, extended, enlarged or structurally altered until after the owner or his agent has secured a building permit from the Building Inspector of the town consistent with the procedural requirements of the ordinance establishing the position of town Building Inspector, unless otherwise exempted pursuant to § 390-1707 of this article.
C.
In addition to the duties set forth above, the Village Zoning Administrator
shall further, subject to review of the ETZ Joint Committee in its
discretion:
(1)
Maintain records of all permits issued, fees collected, inspections
made, work approved, and other official actions.
(2)
Record the lowest floor elevations of all structures erected,
moved, altered, or improved in the floodland districts.
(3)
Establish that all necessary permits that are required for floodland
uses by state and federal law have been secured.
(4)
Inspect all structures, lands and waters as often as necessary
to assure compliance with this article.
(5)
Investigate all complaints made relating to the location of
structures and the use of structures, lands, and waters, give notice
of all violations of this article to the owner, resident, agent, or
occupant of the premises, and report on corrected violations to the
Village Attorney in a manner specified by the Attorney.
(6)
Assist the Village Attorney in the prosecution of ordinance
violations.
(7)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him to ensure
compliance with this article. If, however, he is refused entry after
presentation of his identification, he may procure a special inspection
warrant in accordance with § 66.0119, Wis. Stats.
(8)
Prohibit the use or erection of any structure, land, or water
until he has inspected and approved such use or erection.
(9)
Request assistance and cooperation from the appropriate township,
Sheriff's Department and Village Attorney as deemed necessary.
(10)
Attend all such meetings of the ETZ Joint Committee as requested
by the ETZ Joint Committee.
No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a zoning permit from the Zoning Administrator, unless otherwise exempted pursuant to § 390-1707 of this article.
A.
Applications
for a zoning permit shall be made in duplicate to the Zoning Administrator
on forms furnished by the Zoning Administrator and shall include the
following where applicable:
(1)
Name and addresses of the applicant, owner of the site, architect,
professional engineer, and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision,
or metes and bounds; addresses of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of employees; and the zoning district within which the subject site
lies.
(3)
Plat of survey prepared by a professional land surveyor showing
the location, boundaries, dimensions, elevations, uses, and sizes
of the following: subject site; existing and proposed structures;
existing and proposed easements, streets, and other public ways; off-street
parking, loading areas and driveways; existing highway access restrictions;
and existing and proposed street, side, and rear yards. In addition,
the plat of survey shall show the location, elevation, and use of
any abutting lands and their structures within 40 feet of the subject
site.
(4)
The Zoning Administrator may waive the plat of survey requirement
for accessory buildings and additions to single-family and two-family
dwellings when the building or addition is less than 250 square feet
in area. When the plat of survey requirement is waived, the applicant
shall submit a sketch plan, on forms provided by the Zoning Administrator,
showing the information generally required on the plat of survey.
(5)
Additional information as may be required by the Joint Committee,
Village Engineer or Zoning Administrator.
B.
A zoning
permit shall be granted or denied in writing by the Zoning Administrator
within 45 days of submission subject to review by the ETZ Joint Committee
in its discretion. The permit shall expire within six months unless
substantial work has commenced, or within 18 months if the structure
for which the permit is issued is not substantially completed. Any
permit issued in conflict with the provisions of this article shall
be null and void.
A.
No zoning permit shall be required for any of the following cases:
(1)
For building an accessory building less than 100 square feet in area.
(2)
For any improvement or alteration to an existing building less than
100 square feet in area which does not effect a change in use.
(3)
For repairs that do not alter the size or position of an existing
structure on a lot. Such repairs shall not include the replacement
or alteration of bearing walls.
B.
However, no structure or development in a floodland district shall
be exempt from obtaining a zoning permit, and any work that does qualify
for an exemption under this section shall be required to comply with
the applicable setback, yard, height, and other requirements set forth
in this chapter.
A.
No vacant land shall be occupied or used; and no building or premises
shall be erected, altered, or moved, or create a change in use; and
no nonconforming use shall be maintained, renewed, changed, or extended
until a certificate of compliance shall have been issued by the Zoning
Administrator and town Building Inspector. Such certificate shall
show that the building or premises or part thereof is in compliance
with the provisions of this article. Such certificate shall be applied
for at the time of occupancy of any land and/or building.
B.
No land within the floodland districts shall be developed, occupied
or used, and no structure hereafter erected, altered, or moved shall
be occupied until the applicant submits to the Zoning Administrator
a certification by a registered professional engineer or land surveyor
that the floodplain regulations set forth in this chapter have been
fully complied with. Such certification shall include the first floor
elevation of any structure erected on the site.
C.
No building located in a business or industrial zone and used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a new certificate of compliance by the Zoning Administrator and town Building Inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of the Extraterritorial Zoning Ordinance, Building Code, Electrical Code, Fire Prevention Code and the Plumbing Code of the applicable town and State of Wisconsin. Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for a certificate of compliance shall be made in the same manner as for a zoning permit pursuant to § 390-1706 of this article.
In addition to any other applicable use, site, or sanitary regulation,
the following restrictions and regulations shall apply to all land
lying within 1,000 feet of the ordinary high-water mark of any lake
and all lands lying within 300 feet of the ordinary high-water mark
of navigable rivers or streams, or the landward side of the floodplain,
whichever is greater. Rivers and streams in the ETZ District shall
be presumed to be navigable if they are designated as either continuous
or intermittent waterways on the United States Geological Survey quadrangle
maps or other zoning base maps referenced in Section 3.2 of the Walworth
County Shoreland Zoning Ordinance. If evidence to the contrary is
presented, the Village Zoning Administrator shall make the initial
determination whether or not the river or stream in question is navigable
under laws of this state. The Village Zoning Administrator shall contact
the appropriate district DNR office for a determination of navigability
or ordinary high-water mark. Flood Hazard Boundary Maps, or Flood
Insurance Study Maps (or soil maps or other existing county maps used
to delineate floodplain areas which have been adopted by Walworth
County) shall be used to determine the extent of the floodplain of
rivers or streams in the ETZ District.
A.
Tree cutting, shrubbery clearing, and earth movements shall require
a zoning permit and a conservation plan. In addition, the Zoning Administrator
may, where appropriate, require an applicant to furnish a surety to
enable the Village to carry out an approved land conservation plan.
The amount of such surety shall be determined by the Zoning Administrator
and the form and type of all sureties shall be approved by the ETZ
Joint Committee. The Zoning Administrator may, as appropriate, request
a review of the proposed cutting, clearing, or earth movement activity
by the Wisconsin Department of Natural Resources, and the USDA Natural
Resources Conservation Service, or other appropriate agency, and await
their comments and recommendations before issuing a zoning permit
but not to exceed 30 days. All cutting, clearing, and earth movement
activities shall be so conducted as to prevent erosion and sedimentation
and preserve the natural beauty of the ETZ District. Paths and trails
shall not exceed 10 feet in width and shall be so designed and constructed
as to result in the least removal and disruption of natural ground
cover and the minimum impairment of natural beauty. In the strip of
land 35 feet wide inland from the ordinary high-water mark, no more
than 30 feet in any 100 or the same proportion of a smaller lot shall
be clear-cut.
(1)
Natural shrubbery shall be preserved as far as practicable and,
where removed, it shall be replaced with other vegetation that is
equally effective in retarding runoff, preventing erosion and preserving
natural beauty. These provisions do not apply to the removal of dead
or diseased trees.
(2)
Cutting plan. A special cutting plan allowing greater cutting may be permitted by the ETZ Joint Committee by issuance of a conditional use permit, pursuant to § 390-1714. An application for such a permit shall include a survey of the lot providing the following information: location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The ETZ Joint Committee may grant such a permit only if it finds that such special cutting plans will not cause undue erosion or destruction of scenic beauty and will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the ETZ Joint Committee may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner.
(3)
Beyond the thirty-five-foot strip, a zoning permit shall be
required with conservation plans for projects within 300 feet of the
OHWM (ordinary high-water mark) and which are either:
B.
Required setbacks.
(1)
All structures, except piers, wharves, boat hoists, open fence,
boathouse, patios, bridges, dams, walkway and stairway which are necessary
to provide pedestrian access to the shoreline, shall require a setback
of at least 75 feet from the ordinary high-water mark although a greater
setback may be required where otherwise regulated by more restrictive
ordinances.
(2)
Structures which require authorization or permits from the DNR
pursuant to Chapters 30 and 31, Wisconsin Statutes, or which are to
be located below the ordinary high-water mark, namely bridges, dams,
culverts, piers, wharves, shoreland riprap, navigational aids, and
waterway crossings of transmission lines, shall comply with all applicable
federal, state, county and local regulations.
C.
Boathouse. Boathouses shall not extend below the ordinary high-water
mark, shall not be located on lands having a slope of 12% or greater,
shall be located so as to minimize earth-disturbing activities and
shoreland vegetation removal, and shall be designed exclusively for
the storage of watercraft and related marine equipment and shall not
be used for human habitation or commercial purposes. A boathouse with
rooms above or within, used for purposes other than the storage of
watercraft and related marine equipment, shall not be deemed to be
a boathouse. Fireplaces, patio doors, plumbing, heating, cooking facilities,
or any features inconsistent with the use of the structure exclusively
as a boathouse are not permitted in or on boathouses. The highest
point to the roof elevation of the boathouse shall not be more than
14 feet vertical measurement above the ordinary high-water mark, shall
not exceed 400 square feet in horizontal area covered, and shall not
be closer than three feet to any side lot line. Railings shall not
be placed on top of the boathouse, nor shall boathouse roofs be designed
to provide general outdoor living space, i.e., as a deck. Only one
boathouse is permitted on a lot as an accessory structure.
D.
Shore yards may be reduced to the average of the shore yards of the
principal structures existing on the abutting properties within a
distance of 100 feet of the subject site but shall not be reduced
to less than 40 feet.
E.
Patios. Patios are exempted from the shoreland setback requirements,
provided that the structure shall be located so as to minimize earth-disturbing
activities and shoreland vegetation removal during construction. Further,
no permanent benches or tables shall be attached to the patio, the
patio shall not exceed a height of six inches above the original grade,
and canopies, roofs, and railings on such structures are prohibited.
The patio must be placed within the 30 in 100-foot area that is allowed
to be clear-cut and shall be no more than 150 square feet in area.
F.
Stairway, walkway, lift, piers, and wharves. Stairway, lift and walkway
and that portion of piers and wharves landward of the ordinary high-water
mark are exempted from the shoreland setback requirements, provided
that the structure is necessary to access the shoreline because of
steep slopes or wet, unstable soils. Further, the structure shall
be located so as to minimize earth-disturbing activities and shoreland
vegetation removal during construction. The structure shall be no
more than 48 inches wide; open railings are permitted only where required
by safety concerns; canopies, roofs, and closed railings/walls on
such structures are prohibited; landings for stairways or docks are
permitted only where required by safety concerns and shall not exceed
25 feet in area.
G.
Fences. Residential fences four feet in height or less are permitted in the shore yard on the property line but shall not be located on the shoreline. The fence shall not be designed to cross between property lines in the seventy-five-foot shore yard setback and shall minimize the barrier to wildlife movement. Also refer to § 390-0809, incorporated by reference in § 390-1704.
H.
Retaining walls. Retaining walls and terracing shall only be allowed
in the shoreline setback area where the applicant can successfully
prove to the ETZ Joint Committee that there is a current erosion problem
that cannot be remedied by resloping and revegetation of the area
or other means consistent with natural shoreline aesthetics. Walls
and terracing shall only be permitted to the extent that they resolve
a continuing erosion problem and shall not be used to provide level
outdoor living space in the near-shore area.
I.
Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, or removal of stream or lake bed materials are conditional uses requiring review, public hearing, and approval by the ETZ Joint Committee in accordance with § 390-1714. However, such earth movements having a DNR permit under Chapter 30 of the Wisconsin Statutes are exempt from this provision.
J.
No waste materials such as garbage, rubbish, gasoline, fuel oil,
flammables, soils, tars, chemicals, greases, industrial or agricultural
waste, or any other material of such nature, quantity, obnoxiousness,
toxicity or temperature so as to contaminate, pollute or harm the
waters shall be so located, stored, or discharged in a way that would
be likely to run off, seep, or wash into surface or ground waters.
K.
Tillage, grazing, livestock watering, and the spreading, stacking
and stockpiling of manure shall be permitted only when such uses are
conducted in accordance with Walworth County's Conservation Standards,
and when such uses do not cause the discharge of animal wastes into
drainage ways or surface waters. Spreading of manure or fertilizer
on frozen ground, stockpiling or stacking of manure, and the establishment
and use of feet lots shall be prohibited when such practice would
cause direct runoff of surface waters into a drainageway or watercourse.
L.
Surface water withdrawal, diversion, or discharge for irrigation,
processing, or cooling purposes is prohibited except upon issuance
of a special permit by the State Department of Natural Resources under
rules and regulations adopted pursuant to § 281.65, Wis.
Stats.
It is the responsibility of the permit applicant to secure all
other necessary permits required by any state, federal, or local agency.
This includes, but is not limited to, a water use permit pursuant
to Chapter 30 of the Wisconsin Statutes or a wetland fill permit pursuant
to Section 404 of the Federal Water Pollution Control Act.
No land shall be used or structure erected where the land is
unsuitable for such use or structure by reason of flooding, concentrated
runoff, inadequate drainage, adverse soil or rock formation, unfavorable
topography, low percolation rate or bearing strength, erosion susceptibility,
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics, and general welfare of this community. The Zoning Administrator,
in applying the provisions of this section, shall in writing recite
the particular facts upon which he bases his conclusion that the land
is not suitable for certain uses. Thereafter, the ETZ Joint Committee
may issue recommendations to affirm, modify or withdraw the determination
of unsuitability to the Village Plan Commission. The Village Plan
Commission may adopt the recommendations of the ETZ Joint Committee
or may change the recommendations after first submitting the proposed
changes to the ETZ Joint Committee for recommendation and report.
The ETZ Joint Committee recommendation on the proposed changes shall
be submitted to the Plan Commission, which may adopt or modify the
recommendations of the ETZ Joint Committee. In addition:
A.
All lots shall abut upon a public street, or other approved way,
and each lot shall have a minimum street frontage of 50 feet.
B.
All principal structures shall be located on a lot, and only one
principal structure shall be located, erected, or moved onto a lot
in single-family and two-family residential districts. Upon recommendation
by the ETZ Joint Committee, the Plan Commission may permit more than
one structure per lot in other districts where more than one structure
is needed for the orderly development of the parcel. Where additional
structures are permitted, upon recommendation by the ETZ Joint Committee,
the Plan Commission may impose additional yard requirements, landscaping
requirements, or parking requirements, or require a minimum separation
distance between principal structures.
C.
No building permit shall be issued for a lot which abuts a public
street dedicated to only a portion of its proposed width and located
on that side thereof from which the required dedication has not been
secured.
D.
Lots abutting more restrictive district boundaries shall provide
side and rear yards not less than those required in the more restrictive
abutting district. The street yards in the less restrictive district
shall be modified for a distance of not more than 60 feet from the
district boundary line so as to equal the average of the street yards
required in both districts.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district,
their essential services, and the following uses shall be permitted
in that district.
B.
Accessory uses and structures are permitted in any district but not
until their principal structure is present or under construction.
Residential accessory uses shall not involve the conduct of any business,
trade, or industry except home occupations and professional home offices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the ETZ Joint Committee in accordance with § 390-1714 of this article. Any development within 500 feet of the existing or proposed rights-of way of freeways, expressways, and interstate and controlled access traffic ways and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be conditional uses. Such development shall be specifically reviewed and approved by the ETZ Joint Committee as provided in § 390-1714 of this article.
D.
Unclassified or unspecified uses may be permitted by the ETZ Zoning
Board of Appeals, provided that such uses are similar in character
to the principal uses permitted in the district.
E.
Temporary uses, such as real estate sales field offices or shelters
for materials and equipment being used in the construction of a permanent
structure, may be permitted by the ETZ Zoning Board of Appeals.
No lot, yard, parking area, building area, or other space shall
be reduced in area or dimension so as not to meet the provisions of
this article. No part of any lot, yard, parking area, or other space
required for a structure or use shall be used for any other structure
or use.
A.
General provisions.
(1)
It is recommended that, prior to the filing of an application
for the approval of a conditional use permit, the applicant consult
with the Plan Commission of the Town in which the property is located
in order to obtain its input and assistance.
(2)
It is required that, prior to the filing of an application for
the approval of a conditional use permit, the applicant consult with
the Village Board which shall forward its recommendation to the ETZ
Joint Committee.
(3)
The ETZ Joint Committee may authorize the Zoning Administrator
to issue a conditional use permit for conditional uses.
(4)
The ETZ Joint Committee shall hold a public hearing on the application.
Notice of the hearing shall be given by publication of a newspaper
having general circulation in the area in which the subject property
is located, as a Class 2 notice, under Ch. 985, Wis. Stats., during
the preceding 30 days and by mailing notice to the Town Clerk of the
town in which the subject property is located.
B.
Application.
(1)
Application for conditional use permits shall be made in duplicate
to the Zoning Administrator on forms furnished by the Zoning Administrator
and shall include the following:
(a)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor, and all opposite and abutting property
owners of record.
(b)
Description of the subject site by lot, block, and recorded
site; type of structure; proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site is located. For shoreland conditional use, such description
shall also include information that is necessary for the ETZ Joint
Committee to determine whether the proposed development will hamper
flood flows, impair floodplain storage capacity, or cause danger to
human or animal life. This additional information may include plans,
certified by a registered professional engineer or land surveyor,
showing elevations or contours of the ground; fill or storage elevations;
first-floor elevations of structures; size, location, and spatial
arrangement of all existing and proposed structures on the site; location
and elevation of streets, water supply, and sanitary facilities; photographs
showing existing land uses and vegetation upstream and downstream;
soil types; and other pertinent information.
(c)
Plat of survey prepared by a professional land surveyor showing all of the information required under § 390-1210 for a building permit and, in addition, the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.
(d)
Additional information as may be required by the ETZ Joint Committee,
the Town and/or Village Board, Village Engineer or Zoning Administrator.
(2)
A party shall not file an application for a conditional use permit
affecting the same land more than once every 12 months. Twelve months
is to be calculated from the date of the conclusion of the first ETZ
Joint Committee public hearing. If a change in the Williams Bay Extraterritorial
Zoning Ordinance or state statute affects the subject matter of the
permit request, the party may apply again even if there has been a
prior application concerning the same land within the twelve-month
period.
C.
Review and approval. The ETZ Joint Committee shall review the site,
existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems, and the proposed
operation.
(1)
Conditions such as landscaping, architectural design, type of
construction, floodproofing, anchoring of structures, construction
commencement and completion dates, sureties, lighting, fencing, planting
screens, operational control, hours of operation, improved traffic
circulation, deed restrictions, highway access restrictions, increased
yards, or parking requirements may be required by the ETZ Joint Committee
upon its finding that these are necessary to fulfill the purpose and
intent of this article.
(2)
Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, and highway access, shall be required of all conditional uses. Variances shall only be granted as provided in § 390-1716 of this article.
(3)
Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the ETZ Joint Committee or should the use or characteristics of the use be changed without prior approval by the ETZ Joint Committee, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the procedures for granting a permit as set forth in § 390-1714A.
Any person requesting a land division for property within the ETZ area shall follow the procedures set forth in Chapter 375, Land Division, of the Village of Williams Bay Municipal Code.
A.
There is hereby established a Zoning Board of Appeals for each Extraterritorial
Zoning District of the Village of Williams Bay for the purpose of
hearing appeals and applications and for granting variances and exceptions
to the provisions of this article.
B.
Membership. Each Zoning Board of Appeals shall consist of five members,
two from the Town in which the ETZ is located and three from the Village,
appointed by the Village President and confirmed by the Village Board.
(1)
Terms shall be for staggered three-year periods.
(2)
Chairperson shall be designated by the Village President.
(3)
The Village President shall appoint a first alternate member
from the Village and a second alternate member from the town to act
only when a regular member is absent or refuses to vote because of
interest. The second alternate member may act only when the first
alternate is unable to act or is already sitting.
(4)
The Secretary shall be appointed by the Zoning Board of Appeals.
(5)
Zoning Administrator shall attend all meetings for the purpose
of providing technical assistance when requested by the Board.
(6)
Official oath shall be taken by all members in the quorum per
§ 19.01, Wis. Stats., within five days of receiving notice
of their appointment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Vacancy shall be filled for the unexpired term in the same manner
as appointments for full term.
C.
Organization. The Zoning Board of Appeals shall organize and adopt
rules of procedure for its own government in accordance with the provisions
of this article.
(1)
Meetings shall be held at the call of the Chairperson and shall
be open to the public.
(2)
Minutes of the proceedings and a record of all actions shall
be kept by the secretary, or other designated person, showing the
vote of each member upon each question, the reasons for the Board's
determination, and its finding of facts. These records shall be immediately
filed in the office of the Board and shall be a public record.
(3)
If a quorum is present, a majority vote of the members of the
Board present may take action to correct an error; grant a variance;
make an interpretation; and permit a temporary, unclassified or substituted
use.
[Amended 10-3-2016 by Ord. No. 2016-9]
D.
Powers. The Zoning Board of Appeals shall have the following powers:
(1)
Errors. To hear and decide appeals when it is alleged there
is error in any order, requirement, decision, or determination made
by the Zoning Administrator or ETZ Joint Committee.
(2)
Variances. To hear and grant appeals for variances as will not
be contrary to the public interest, when, owing to special conditions,
a literal enforcement will result in practical difficulty or unnecessary
hardship, so that the spirit and purposes of this article shall be
observed and the public safety, welfare, and justice secured. Use
variances shall not be granted.
(3)
Interpretations. To hear and decide applications for interpretations
of the zoning regulations and the boundaries of the zoning districts
after the ETZ Joint Committee has made a review and recommendation.
(4)
Substitutions. To hear and grant applications for substitution
of more restrictive nonconforming uses for existing nonconforming
uses, provided no structural alterations are to be made and the ETZ
Joint Committee has made a review and recommendation. Whenever the
Board permits such a substitution, the use may not thereafter be changed
without application.
(5)
Temporary uses. To hear and grant applications for temporary
uses in any district, provided that such uses are of a temporary nature,
do not involve the erection of a substantial structure, and are compatible
with the neighboring uses, and provided that the ETZ Joint Committee
has made a review and recommendation. The permit shall be temporary,
revocable, and subject to any conditions required by the Zoning Board
of Appeals, and shall be issued for a period not to exceed 12 months.
Compliance with all other provisions of this article shall be required.
(6)
Permits. The Board may reverse, affirm wholly, or partly modify
the requirements appealed from, and may issue or direct the issue
of a permit.
(7)
Assistance. The Board may request assistance from other Village
officers, departments, commissions, and boards.
(8)
Oaths. The Chairperson may administer oaths and compel the attendance
of witnesses.
E.
Appeals and applications. Appeals of the decision of the Zoning Administrator
concerning the literal enforcement of this article may be made by
any person aggrieved or by any officer, department, board or bureau
of the Village or by the ETZ Committee. Such appeals shall be filed
with the Village Clerk within 30 days after the date of written notice
of the decision or order of the Zoning Administrator. Applications
may be made by the owner or lessee of the structure, land or water
to be affected at any time and shall be filed with the Village Clerk.
Such appeals and applications shall include the following:
(1)
Name and address of the appellant or applicant and all abutting
and opposite property owners of record.
(2)
Plat of survey prepared by a professional land surveyor showing all of the information required under § 390-1706 for a zoning permit.
(3)
Additional information required by the Village Engineer, Zoning
Board of Appeals, or Zoning Administrator.
F.
Hearings. The Zoning Board of Appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof as specified in § 390-1203 of the Village Zoning Ordinance, and shall give due notice to the parties in interest, the Zoning Administrator, the ETZ Joint Committee and the Plan Commission of the town in which the property is located or, if there is no such Plan Commission, to the Town Board. At the hearing, the appellant may appear in person, by agent, or by attorney.
G.
Notice to DNR. The Zoning Board of Appeals shall transmit a copy
of each application for a variance to floodland regulations or to
C-1 or C-4 District regulations, and a copy of all shoreland and floodland
appeals, to the Wisconsin Department of Natural Resources (DNR) for
review and comment not less than 10 days prior to the public hearing.
Final action on the application shall not be taken for 30 days or
until the DNR has made its recommendation, whichever comes first.
A copy of all decisions relating to variances to conservancy regulations
in a shoreland or to floodland regulations, and a copy of all decisions
related to shoreland and floodland appeals, shall be transmitted to
the DNR within 10 days of the effective date of such decision.
H.
Wetland and floodland mapping disputes.
(1)
Wetland disputes. Whenever the Board of Appeals is asked to
interpret a C-1 Conservancy District or C-4 Conservancy District boundary
where an apparent discrepancy exists between the Village's or County's
Final Wetland Inventory Map and actual field conditions, the Village
shall contact the Wisconsin Department of Natural Resources (DNR)
to determine if the wetland inventory map is in error. If the DNR
staff concurs that the particular area was incorrectly mapped as a
wetland, the Board of Appeals shall direct the ETZ Joint Committee
to initiate appropriate action to rezone the property within a reasonable
amount of time.
(2)
Floodland disputes. Whenever the Board of Appeals is asked to
interpret a floodland boundary where an apparent discrepancy exists
between the federal Flood Insurance Study and actual field conditions,
the following procedure shall be used. The floodland boundary shall
be determined by use of the flood profiles contained in an engineering
study or, where such information is not available, by experience,
flood maps or any other evidence available to the Board of Appeals.
The person contesting the location of the district boundary shall
be given the opportunity to present his own technical evidence. Where
it is determined that the floodplain is incorrectly mapped, the Board
of Appeals shall advise the ETZ Joint Committee of its findings and
the ETZ Joint Committee shall proceed to initiate appropriate action
for a map amendment.
I.
Findings. No variance to the provisions of this article shall be
granted by the Board unless it finds beyond a reasonable doubt that
all of the following facts and conditions exist and so indicates such
in the minutes of its proceedings.
(1)
Preservation of intent. No variance shall be granted that is
not consistent with the purpose and intent of the regulations for
the district in which the development is located. No variance shall
have the effect of permitting a use in any district that is not a
stated permitted use, accessory use, or conditional use in that particular
district.
(2)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot or parcel,
structure, use, or intended use that do not apply generally to other
properties of uses in the same district, and the granting of the variance
should not be of so general or recurrent nature as to suggest that
this article should be changed.
(3)
Economic hardship and self-imposed hardship not grounds for
variance. No variance shall be granted solely on the basis of economic
gain or loss. Self-imposed hardships shall not be considered as grounds
for the granting of a variance.
(4)
Preservation of property rights. The variance must be necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and same vicinity.
(5)
Absence of detriment. No variance shall be granted that will
create substantial detriment to adjacent property or that will materially
impair or be contrary to the purpose and spirit of this article or
the public interest.
(6)
Additional requirements in C-4 ETZ Districts. No variance shall
be granted where:
(a)
Filling and development contrary to the purpose and intent of
the C-4 ETZ District would result.
(b)
A change in the boundaries of the C-4 ETZ District would result.
(c)
A lower degree of flood protection than a point two feet above
the 100-year recurrence interval flood for the particular area would
result.
(d)
Any action contrary to the provisions of Chapter NR 116 of the
Wisconsin Administrative Code would result.
J.
Decision. The Zoning Board of Appeals shall decide all appeals and
applications within 30 days after the final hearing and shall transmit
a signed copy of the Board's decision to the appellant or applicant,
Zoning Administrator, and ETZ Joint Committee.
A.
Authority. Whenever the public necessity, convenience, general welfare,
or good zoning practice requires, the Village Board of Trustees may,
by ordinance, change the zoning district boundaries or amend, change,
or supplement the regulations established by this article or amendments
thereto. Such change or amendment shall be subject to the review,
recommendation, and approval of the Joint Extraterritorial Zoning
Committee for the affected town. The procedure set herein shall apply
to amendments to the Extraterritorial Zoning Ordinance. In the case
of a protest against an amendment, the applicable provisions under
§ 62.23(7)(d), Wis. Stats., shall be followed.
B.
Initiation. A change or amendment may be initiated by the Village
Board, Village Plan Commission, or appropriate Joint Extraterritorial
Zoning Committee, or by a petition of one or more of the owners or
lessees of property within the area proposed to be changed.
C.
Pre-petition consultation. It is recommended that, prior to the filing
of a petition to change district boundaries or amendments to the regulations,
the petitioner consult with the Plan Commission of the town in which
the property is located.
D.
Petitions. Petitions for any change to the district boundaries or
amendments to the regulations shall be filed with the Village Clerk
and Town Clerk of the appropriate town, describe the premises to be
rezoned or the regulations to be amended, list the reasons justifying
the petition, specify the proposed use, and have attached the following:
(1)
Plot plan drawn to scale of one inch equals 100 feet showing
the area proposed to be rezoned, its location, its dimensions, the
location and classification of adjacent zoning districts, and the
locations and existing use of all properties within 200 feet of the
area proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying within 200
feet of the area proposed to be rezoned.
(3)
Additional information required by the Village Plan Commission,
Village Board, or relevant Joint Extraterritorial Zoning Committee.
(4)
Limitation on applications. A party shall not file a petition
for a zoning change affecting the same land more than once every 12
months. Twelve months is to be calculated from the date of the ETZ
Joint Committee's first public hearing.
E.
Review, recommendations and approval of Joint Extraterritorial Zoning
Committee.
(1)
The appropriate Joint Extraterritorial Zoning Committee shall
formulate tentative recommendations for amendments to the district
plan and regulations and shall hold a public hearing thereon. Notice
of a hearing shall be given by publication in a newspaper having general
circulation in the area to be zoned, as a Class 2 notice, under Ch.
985, Wis. Stats., during the preceding 30 days, and by mailing the
notice to the town clerk of the town for which the plan and regulations
are proposed. The notice shall contain the layout of tentative districts
either by maps or words of description, and may contain the street
names and house lot numbers for purposes of identification if the
ETZ Joint Committee or the governing body so determines. At a public
hearing, an opportunity to be heard shall be afforded to representatives
of the town board of the town and to any person in the town for which
the plan and regulations are proposed.
(2)
Only the members of the appropriate ETZ Joint Committee shall
vote on matters relating to the amendments thereto. A separate vote
shall be taken on the proposed rezone or amendment for each town and
the town members of the ETZ Joint Committee shall vote only on matters
affecting the particular town which they represent. The ETZ Joint
Committee shall not approve and forward the proposed rezone or amendment
unless the proposed rezone or amendment receives a favorable vote
of at least four members of the ETZ Joint Committee. Upon such approval,
the ETZ Joint Committee shall forward its approval and recommendation
to the Village Board.
F.
Village Board action.
(1)
The Village Board shall hold a public hearing upon each petition giving public notice thereof as specified in § 390-1717E listing a time, place and changes or amendments proposed.
(2)
As soon as possible after such public hearing, and after careful consideration of the ETZ Joint Committee's recommendation, the Village Board shall act on the petition either approving or disapproving the same. The Village Board may deny the petition recommended for approval by the ETZ Joint Committee or recommend modifications to the petition only by the favorable vote of 2/3 of the full Village Board membership; otherwise, the petition as recommended by the ETZ Joint Committee shall be deemed approved by the Village Board. If the Village Board shall recommend a modification to the petition, such recommendation shall be made to the appropriate ETZ Joint Committee and the petition returned thereto for recommendation and report. The ETZ Joint Committee and the Village Board may hold a hearing on the proposed changes after giving notice as provided in § 390-1717E. The ETZ Joint Committee recommendations of the proposed changes shall be submitted to the Village Board in accordance with the voting requirements set forth in § 390-1717E(2). The Village Board shall not adopt the proposed plan and regulations or amendments thereto unless the proposed plan and regulations or amendments thereto receive a favorable vote of a majority of the six members of the appropriate ETZ Joint Committee.
A.
Permit fees. All persons, firms or corporations performing work by
which this article requires the issuance of a permit shall pay a fee
for such permit to the appropriate Town Clerk or to the Village Clerk
as provided below to help to defray the cost of administration, investigation,
advertising, and processing of permits and variances. The fee for
permits shall be as provided in the Village Fee Schedule.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: The current Fee Schedule is on file in the
Village office.
B.
Double fee. A double fee may be charged by the Zoning Administrator
or town Building Inspector if work is started before a permit is applied
for and issued. Such double fee shall not release the applicant from
full compliance with this article nor from prosecution for violation
of this article.
C.
Violations. It shall be unlawful to use or improve any structure
or land or to use water or air in violation of any of the provisions
of this article. In the case of any violation, the Village Board,
the Zoning Administrator, the Plan Commission, the ETZ Joint Committee
or any property owner who would be specifically damaged by such violation
may institute appropriate action or proceeding to enjoin a violation
of this article or cause a structure to be vacated or removed.
D.
Remedial action. Whenever an order of the Zoning Administrator has
not been complied with within 30 days after written notice has been
mailed to the owner, resident agent or occupant of the premises, the
Village Board, the Zoning Administrator, or the Village Attorney may
institute appropriate legal action or proceedings to prohibit such
owner, agent, or occupant from using such structure, land, or water.
E.
Penalties. Any person, firm, or corporation who fails to comply with
the provisions of this article or any order of the Zoning Administrator
issued in accordance with the article or resists enforcement shall,
upon conviction thereof, forfeit not less than $10 nor more than $200
and costs of prosecution of each violation and in default of payment
of such forfeiture and costs shall be imprisoned in the county jail
until payment thereof, but not exceeding 30 days. Each day a violation
exists or continues shall constitute a separate offense.
