[Ord. No. 572, § I(9.0109), 2-6-1996]
This chapter shall be known as, referred to, or cited as the
"Zoning Ordinance, Village of Mukwonago, Waukesha County, Wisconsin."
[Ord. No. 572, § I(9.0101), 2-6-1996]
These regulations are adopted under the authority granted by
W.S.A., §§ 61.35, 61.351, 61.354, 62.23, 87.30, 144.26
and 144.266.
[Ord. No. 572, § I(9.0102), 2-6-1996]
This chapter is enacted for the purpose of promoting public
health, safety, morals, prosperity, aesthetics, comfort and the general
welfare of this community.
[Ord. No. 572, § I(9.0103), 2-6-1996]
It is the intent of this chapter to regulate and control the erection, construction, reconstruction, alteration or use of buildings, structures, lands or waters; to regulate and restrict lot coverage, population distribution and density; and to regulate and restrict the size and location of all structures so as to: assure a high quality of life for Village residents, 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; facilitate the adequate provision of public facilities and utilities; facilitate the use of solar energy devices and other innovative development techniques; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's comprehensive plan or plan components. In addition, the floodplain/shoreland/wetland zoning regulations set forth in this chapter have been adopted to accomplish the purposes set forth in § 100-271(c). This chapter is further intended to provide for the administration and enforcement of this chapter and to provide penalties for any violations.
[Ord. No. 572, § I(9.0104), 2-6-1996]
This chapter prescribes minimum requirements. If any standard
required by this chapter differs from a standard required by some
other provision of the Municipal Code, the stricter standard shall
apply.
[Ord. No. 572, § I(9.0105), 2-6-1996]
It is not intended by this chapter 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 laws. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
[Ord. No. 572, § I(9.0106), 2-6-1996]
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
[Ord. No. 572, § I(9.0107), 2-6-1996]
If any section, clause, provision or portion of this chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
[Ord. No. 572, § I(9.0108), 2-6-1996]
All other ordinances or parts of ordinances of the Village inconsistent
or conflicting with this chapter, to the extent of the inconsistency
only, are hereby repealed.
[Ord. No. 572, § I(9.0201), 2-6-1996]
The jurisdiction of this chapter shall include all lands and
waters within the corporate limits of the Village of Mukwonago.
[Ord. No. 572, § I(9.0202), 2-6-1996]
No structure, land, water or air shall hereafter be used or
developed and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted or substantially
improved without full compliance with the provisions of this chapter
and all other applicable local, county and state regulations.
[Ord. No. 572, § I(9.0203), 2-6-1996]
Unless specifically exempted by law, all cities, Villages, towns
and counties are required to comply with this chapter and obtain all
required permits. State agencies are required to comply with W.S.A.,
§ 13.48(13). The construction, reconstruction, maintenance
and repair of state highways and bridges by the Wisconsin Department
of Transportation are exempt from compliance when W.S.A., § 30.12(4)(a)
applies.
[Ord. No. 572, § I(9.0204), 2-6-1996]
(a)
The Village Zoning Administrator is hereby designated as the administrative
and enforcement officer for the provisions of this chapter. The duty
of the Zoning Administrator shall be to interpret and administer this
chapter and to issue, after on-site inspection, all permits required
by this chapter. The Zoning Administrator shall further:
(1)
Maintain records of all permits issued, inspections made, work
approved, and other official actions.
(2)
Record the first floor and lowest floor (basement or crawlway)
elevations of all structures erected, moved, altered or improved in
the floodland districts.
(3)
Inspect all structures, lands and waters as often as necessary
to assure compliance with this chapter.
(4)
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 chapter to the owner, resident, agent or
occupant of the premises, and report uncorrected violations to the
Village Attorney in a manner specified by him/her.
(5)
Assist the Village Attorney in the prosecution of ordinance
violations.
(6)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him/her to
ensure compliance with this chapter. If, however, he/she is refused
entry after presentation of his/her identification, he/she may procure
a special inspection warrant in accordance with W.S.A., § 66.122.
(7)
Prohibit the use or erection of any structure, land or water
until he/she has inspected and approved such use or erection.
(8)
Issue citations for violations of this chapter.
(9)
Request assistance and cooperation from the Village police department
and Village Attorney as deemed necessary.
(10)
Attend all meetings of the Village plan commission and Village
zoning board of appeals.
(11)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the Village's comprehensive plan
and ordinances. In addition, information in the form of reports, bulletins,
maps and engineering data shall be readily available and widely distributed.
The Village Board may set fees necessary to recover the cost of providing
information to the public.
[Ord. No. 572, § I(9.0205), 2-6-1996]
(a)
No structure or development shall hereafter be located, erected, moved, reconstructed, extended, enlarged or structurally altered until after the owner or his/her agent has secured a building permit from the Building Inspector, unless otherwise exempted pursuant to § 100-16 of this chapter. Applications for a building permit shall be made in electronic form, which form may be accessed and filed on the Village's website. Individuals with disabilities who are not able to submit the application in digital form may be reasonably accommodated by contacting the Village Clerk or the Village Building Inspector. The application shall include the following information to the extent applicable:
[Amended 3-18-2020 by Ord. No. 977]
(1)
Name and addresses of the applicant, owner(s) of the site, architect,
professional engineer and contractor.
(2)
Description of the subject site by lot, block and recorded subdivision,
or metes and bounds; address 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 registered land surveyor, or a
sketch drawn to scale and approved by the Building Inspector, showing
the location, boundaries, dimensions, elevations (to Village of Mukwonago
datum), uses and sizes of the following: subject site; existing and
proposed structures; existing and proposed easements, streets, and
other public ways; offstreet parking, loading areas and driveways;
existing highway access restrictions; and existing and proposed street,
side and rear yards. In addition, the plat of survey or sketch shall
show the location, elevation and use of any abutting lands and their
structures within 40 feet of any boundary of the subject site.
(4)
Proposed sewage disposal plan if municipal sewerage service
is not available. This plan shall include a copy of the permit issued
by the county health department for the installation of an on-site
soil absorption sanitary sewage disposal system, or other appropriate
means of waste disposal. The Village engineer, at the applicant's
expense, shall certify that satisfactory, adequate and safe sewage
disposal is possible on the site as shown in the private sewage disposal
plan.
(5)
Proposed water supply plan if municipal water service is not
available. This plan shall be in accordance with chapter NR-112 of
the Wisconsin Administrative Code and shall be approved by the Village
engineer, at the applicant's expense, who shall certify in writing
that an adequate and safe supply of water will be provided.
(6)
Condominium declaration. Any developer of land in the Village
of Mukwonago who elects to create a condominium pursuant to W.S.A.,
ch. 703 shall submit a copy of the condominium declaration, and any
amendment thereto, to the Building Inspector to be attached to the
file copy of the building permit application.
(7)
Additional information as may be required by the Village plan
commission, Village engineer, Building Inspector, plumbing inspector
or as required by any other Village ordinances.
(8)
A building permit shall be granted or denied in writing by the
Building Inspector within 30 days after application. The building
permit shall expire within six months unless substantial work has
commenced, and within 18 months if the structure for which the permit
was issued is not substantially completed. Any permit issued in conflict
with the provisions of this chapter shall be null and void.
[Amended 10-21-2020 by Ord. No. 985]
[Ord. No. 572, § I(9.0206), 2-6-1996; Ord. No. 839, § I, 4-19-2011]
(a)
Zoning review permits.
(1)
No vacant land shall be occupied or used; no building or premises
shall be erected, altered or moved, and no commercial building use
shall be created, renewed, changed or extended until a zoning review
permit has been issued by the Zoning Administrator. Such permit(s)
shall indicate that the building or premises or part thereof or the
uses as represented by the applicant are in compliance with the appropriate
provisions of this chapter.
(2)
A zoning review permit is a document issued by the Zoning Administrator certifying that the present or a proposed use of a specific property does or will comply with the present zoning ordinance of the Village of Mukwonago, conditioned upon the applicant using the property as represented and/or the building construction being completed in accordance with all plans submitted by the applicant to the Zoning Administrator for its review for the zoning review permit, and if applicable all plans submitted for site plan, architectural plan, conditional use and/or planned unit development approval. Application for a zoning review permit shall be made in the same manner as for a building permit pursuant to § 100-14 of this chapter.
(3)
No building located in a business zoning district or a manufacturing zoning district and/or used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed or extended without the issuance of a new zoning review permit by the Zoning Administrator. Before issuing a zoning review permit, the Zoning Administrator shall review the building and/or premises or part thereof and all materials submitted by the applicant to determine if the property is in compliance with the provisions of this Chapter 100 and appropriate code sections of the Village of Mukwonago and State of Wisconsin. If the building and/or premises and/or uses or proposed uses (as described by the applicant) are in compliance, then the Zoning Administrator shall issue a zoning review permit.
(b)
Occupancy permits.
(1)
No vacant land shall be occupied or used; no building or premises
shall be erected, altered or moved, and no commercial building use
shall be created, renewed, changed or extended until an occupancy
permit has been issued by the building inspection department. Such
permit(s) shall indicate that the building or premises or part thereof
or the uses as represented by the applicant are in compliance with
the appropriate provisions of this chapter.
(2)
An occupancy permit for a commercial building is a document issued by the building inspection department certifying that all or a designated portion of a building and/or property complies with applicable regulations of the building code and other municipal codes; that all conditions of building approvals are satisfied; that all building construction is completed in accordance with all plans submitted for plan review for the building permit and that all surrounding building site construction has been completed which may include, but not limited to, landscaping, grading, stormwater management facilities, parking and/or driveway paving, parking lot striping, signage and required public improvements. Application for an occupancy permit shall be made in the same manner as for a building permit pursuant to § 100-14 of this chapter.
(3)
The property owner of a newly constructed single-family dwelling or two-family dwelling as defined in § 100-29 is required to apply for and obtain an occupancy permit prior to any occupancy of the structure. For any addition or modification to any one and two-family structure, any occupancy of the area so modified shall require the issuance of an occupancy permit prior to the area being used for any residential purposes whatsoever.
(4)
No building located in a business zoning district or a manufacturing
zoning district and/or used for business or industrial purposes shall
be occupied by a new tenant or a new owner or shall have the use changed
or extended without the issuance of a new occupancy permit by the
building inspection department. Before issuing an occupancy permit,
the building inspection department shall review the building and/or
premises or part thereof and all materials submitted by the applicant
to determine if the property is in compliance with the provisions
of the appropriate code sections of the Village of Mukwonago and State
of Wisconsin. If the building and/or premises and/or uses or proposed
uses (as described by the applicant) are in compliance, then the building
inspection department shall issue an occupancy permit.
(c)
General provisions for zoning review permits and occupancy permits.
(1)
In the event the Zoning Administrator and/or building inspection
department finds that the building has been completed pursuant to
plans submitted for building permit and any other applicable requirements
for occupancy having been met, the building inspection department
is authorized to issue an occupancy permit, or an occupancy permit
with conditions in the event there are exterior items remaining to
be completed that do not affect the life and/or safety of the occupants
of the property's designated use.
(2)
Nothing in this section amounts to a guarantee or warranty that
any particular type of construction or method of construction will
be free from defects or will perform in a particular manner. Neither
the issuance of any permit under this ordinance nor the inspection
and approval of any work under this ordinance shall constitute any
guarantee or warranty whatever of the safety, durability or fitness
for a particular purpose, of any material, labor or construction whatsoever.
[Ord. No. 572, § I(9.0207), 2-6-1996]
(a)
No building permit shall be required for the following:
(1)
For building an accessory building or shed less than 60 square
feet in area.
(2)
For any improvement, alteration or repair to an existing building
so long as such improvement, alteration and repair does not consist
of more than a total of $250 in materials and/or labor and which does
not effect a change in use or alter the size or position of the structure
on the lot. Under no circumstances shall such improvement, alteration
or repair include the replacement or alteration of bearing walls,
plumbing or electrical work. Any electrical or plumbing work and any
replacement or alteration of bearing walls requires a permit.
(3)
However, no structure or development in a floodland district
shall be exempt from obtaining a building permit. Furthermore, 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.
[Ord. No. 572, § I(9.0208), 2-6-1996]
See § 100-351 et seq.
[Ord. No. 572, § I(9.0209), 2-6-1996]
See § 100-501 et seq.
[Ord. No. 572, § I(9.0210), 2-6-1996]
It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal or county agency. This includes, but is not limited to, a water use permit pursuant to W.S.A., ch. 30 or a wetland fill permit pursuant to § 404 of the Federal Water Pollution Act.
[Ord. No. 572, § I(9.0211), 2-6-1996; Ord. No. 700, § I, 1-21-2003; Ord. No. 731, § I, 4-20-2004]
(a)
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 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 Village 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.
(b)
All residential lots shall abut a public street, and each lot shall
have the minimum frontage as required by this chapter unless specifically
exempted by the board of zoning and building appeals.
(c)
All principal structures shall be located on a single lot and only
one principal structure shall be located, erected or moved onto a
lot in the residential and B-1 business district. More than one principal
structure shall be allowed within the R-3 and R-10 districts in accordance
with an approved site plan or conditional use. The board of zoning
and building appeals may permit more than one structure per lot in
districts B-2 through M-5 where more than one structure is needed
for the orderly development of the parcel. Prior to allowing more
than one principal structure per lot within any business zoning district,
the board of zoning and building appeals shall request that the plan
commission review and comment on the request. Prior to allowing more
than one principal structure per lot within any manufacturing zoning
district, the board of zoning and building appeals shall request that
the economic development committee review and comment on the request.
Where additional structures are permitted, the board of zoning and
building appeals may impose additional yard requirements, landscaping
requirements, or parking requirements, or require a minimum separation
distance between principal structures.
(d)
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.
(e)
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 on 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.
(f)
If the applicant contests the findings of the Zoning Administrator as to site restrictions, then the applicant may appeal the decision of the Zoning Administrator to the board of zoning and building appeals. Such appeal shall be conducted as set forth in Article XII of this chapter. The fee for appealing the decision of the Zoning Administrator shall be as set forth in § 100-23 of this chapter.
[Ord. No. 572, § I(9.0212), 2-6-1996; Ord. No. 691, § I, 5-7-2002; Ord. No. 700, §§ II, III, 1-21-2003; Ord. No. 772, §§ I,
II, 11-15-2005; Ord. No.
786, § II, 1-17-2006; Ord. No. 853, § I, 11-15-2011; Ord. No. 911, § I, 4-19-2016]
(a)
The following use restrictions and regulations shall apply:
(1)
Only those principal uses specified for a district, their essential
services, and the following uses shall be permitted in that district.
(2)
Accessory uses and structures are permitted in any district
but not until the principal structure is present. Residential accessory
uses shall not involve the conduct of any business, trade or industry
except home occupations and professional home offices only as defined
and as allowed in this chapter.
(3)
Conditional uses and their accessory uses are considered special uses requiring review, public hearing, and recommended approval by the plan commission and approval by the Village Board in accordance with Article IV of this chapter.
(4)
For any development within 500 feet of existing or proposed
rights-of-way of freeways, expressways and interstates and within
1,500 feet of an existing or proposed interchange, the plan commission
with Village Board approval, under site plan, conditional use or planned
unit development review shall consider imposing conditions to improve
good traffic flow and proper traffic safety.
(5)
Vehicle service, fueling, or washing operations are a conditional
use in specific business or manufacturing districts. Vehicle service,
fueling, or washing operations shall, at a minimum, meet the following
criteria:
a.
A fuel filling station site shall be designed for good traffic
flow and proper traffic safety on and surrounding the property.
b.
The plan commission shall establish stringent landscaping and
setback requirements for each business after taking into consideration
the specific land involved, existing and potential traffic patterns,
and the use of the adjacent properties.
c.
Any vehicle repair or service, other than dispensing of fuel
shall be conducted within an enclosed building.
d.
An owner or subsequent owner of a vehicle service, fueling or
washing business operating as of February 6, 1996, or operating after
that date, which ceases such operation for a period of one year, shall
within a period of six months remove or remodel such vehicle service,
fueling or washing business to some other permitted use.
e.
All vehicle service, fueling or washing businesses designed
and intended for use as such, not operating as of February 6, 1996,
and having been nonoperated for a period of two consecutive years,
will be required to comply with Subsection (a)(5)d above.
f.
The storage of motor vehicles upon any of the above businesses
shall be allowed only if such storage is within a visual screened
area found to be aesthetically pleasing by the plan commission and
approved by the Village Board.
g.
All vehicle washing facilities shall be required to provide
a minimum of 100 feet of driving surface after the vehicle exits the
washing area, unless all vehicles will be machine or employee dried
prior to exiting the facility.
(6)
Home occupations and professional home offices are a conditional
use in any residential district requiring a conditional use permit.
The home occupation or professional home office shall meet the following
minimum criteria:
a.
The use of the residential dwelling for the home occupation
or professional home office shall be clearly incidental and subordinate
to its residential use and shall not occupy more than 25% of the floor
area of one floor.
b.
No professional home office shall be located in or conducted
in any accessory structure.
c.
No person other than members of the family residing on the premises
shall be employed or engaged in such home occupation or professional
home office.
d.
Home occupations shall use only household equipment, and no
stock in trade shall be kept or sold except that made on the premises.
e.
No traffic shall be generated by the home occupation or professional
home office in greater volumes than would normally be expected in
a residential neighborhood, and any need for parking generated by
the conduct of the home occupation or use shall be provided off the
street and other than in the required street yard.
g.
Home occupations, which comply with the conditions set forth
above, may include, but are not limited to, baby sitting, canning,
crafts, desktop publishing and other computer services, dressmaking,
laundering, millinery, piano teaching and word processing.
h.
Home occupations shall not include auto body or engine repair,
barbering, beauty shops, construction trades, dance studios, insurance
agencies, photographic studios or real estate brokerages.
(7)
Cottage industries are a conditional use in any residential
district requiring a conditional use permit. The cottage industries
shall meet the following minimum criteria:
a.
The use of the residential dwelling for the cottage industry
shall be clearly incidental and subordinate to its residential use
and shall not occupy more than 25% of the floor area of one floor.
b.
No cottage industry shall be located in or conducted in any
accessory structure.
c.
No person other than members of the family residing on the premises
shall be employed or engaged in such cottage industry.
d.
Cottage industries shall use only equipment as approved by the
board of zoning and building appeals, and no stock in trade shall
be kept or sold except as approved by the board of zoning and building
appeals.
e.
No traffic shall be generated by the cottage industry in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of the cottage industry
or use shall be provided off the street and other than in the required
street yard.
g.
Cottage industries, which comply with the conditions set forth
above, may include, but are not limited to, baby sitting, canning,
crafts, desktop publishing and other computer services, dressmaking,
laundering, millinery, piano teaching, barbering, beauty shops, construction
trades, dance studios, insurance agencies, photographic studios, real
estate brokerages and word processing.
h.
Cottage industries shall not include auto body or engine repair
or any occupation or process that uses chemicals or combustibles in
quantities undesirable in a neighborhood setting.
(8)
Similar use interpretations.
a.
Need and authority for similar use interpretations. Where a
proposed unclassified or unspecified use is similar in character to
a permitted or conditional use in a given district the board of zoning
and building appeals is authorized to make similar use interpretation.
At their discretion the matter may be referred to the plan commission
or economic development committee for review and comment. The standards
contained in this section shall guide similar use interpretations.
b.
Considerations used in making similar use interpretations. The
following considerations shall be used to determine what category
a use is in and whether the activities are to be considered principal
or accessory uses:
1.
The similarity of the proposed or projected use or activity
to already-permitted uses and activities.
2.
The relative amount of site area or floor space and equipment
devoted to the activity.
3.
Relative amounts of sales from each activity.
4.
The type of customer for each activity.
5.
The relative number of employees in each activity.
6.
Hours of operation.
7.
Building and site arrangement.
8.
Vehicles used in the activity.
9.
The relative number of vehicle trips generated by the use or
activity.
10.
Signage.
11.
How the use or activity advertises itself.
12.
Whether the use or activity is likely to be found independent
of the other uses or activities on the site.
c.
Additional standards for similar use interpretations.
1.
No similar use interpretation shall permit any use in any zoning
district unless evidence shall be presented demonstrating that it
will comply with all applicable use standards and all other applicable
requirements and standards of this chapter.
2.
No similar use interpretation shall permit any use in a zoning
district unless the use is similar to other uses allowed in the zoning
district and is more similar to such uses than to permitted and conditional
uses allowed in other zoning districts.
3.
If the proposed use is more similar to a use allowed only as
a conditional use in the zoning district in which it is proposed to
be located, then any similar use interpretation permitting that use
shall require a conditional use permit.
d.
Effect of similar use interpretations. A similar use interpretation
finding that a particular use is permitted or conditionally permitted
in a specific district shall not automatically authorize the establishment
of such use or the development, construction, reconstruction, alteration,
or moving of any building or structure. It merely authorizes the preparation,
filing and processing of applications for any permits and approvals
that may be required by the Village of Mukwonago's codes and ordinances
or other governmental agencies having jurisdiction. These permits
and approvals include, but are not limited to site plan and architectural
review, conditional use permits, building permits and certificates
of occupancy.
(9)
Unclassified or unspecified temporary uses, shall be allowed
only after approval by the board of zoning and building appeals, in
accordance with the following standards:
a.
The temporary use shall be for a temporary office for sales,
marketing, rental or construction of residential, commercial, industrial
or institutional development, or for construction of public facilities
and/or utilities.
b.
The temporary use shall comply with all applicable Village codes,
and the board of zoning and building appeals may place standards or
conditions upon the temporary use to mitigate adverse impacts upon
neighboring properties.
c.
The temporary use shall obtain all necessary permits from the
Village prior to placement.
d.
The temporary use approval shall be valid for a maximum period
of one year from date of board of zoning and building appeals approval.
(10)
Well head protection.
a.
Well head protection area. Lands surrounding Well No. 5 and
Well No. 6 will be subject to the following minimum horizontal separation
distances between the well and the following land uses and facilities.
1.
Fifty feet between the well and a storm sewer main.
2.
Two hundred feet between the well and any sanitary sewer main,
sanitary sewer manhole, lift station or single-family residential
fuel oil tank. A lesser separation distance may be allowed for sanitary
sewer mains where the sanitary sewer main is constructed of water
main materials and joints and pressure tested in place to meet current
American Water Works Association C600 specifications. In no case may
the separation distance between the well and a sanitary sewer main
be less than 50 feet.
3.
Four hundred feet between the well and a septic tank or soil
adsorption unit receiving less than 8,000 gallons per day, a cemetery
or a stormwater drainage pond.
4.
Six hundred feet between the well and any gasoline or fuel oil
storage tank installation that has received written approval from
the Wisconsin Department of Commerce or its designated agent under
§ Comm. 10.10.
5.
One thousand feet between the well and land application of municipal,
commercial or industrial waste; the boundaries of a landspreading
facility for spreading of petroleum-contaminated soil regulated under
Wisconsin Department of Natural Resources ch. NR 718 while that facility
is in operation; industrial, commercial or municipal waste water lagoons
or storage structures; manure stacks or storage structures; and septic
tanks or soil adsorption units receiving 8,000 gallons per day or
more.
6.
One thousand two hundred feet between the well and any solid
waste storage, transportation, transfer, incineration, air curtain
destructor, processing, wood burning, one time disposal or small demolition
facility; sanitary landfill; any property with residual groundwater
contamination that exceeds Wisconsin Department of Natural Resources
ch. NR 140 enforcement standards that is shown on the department's
geographic information system registry of closed remediation sites;
coal storage area; salt or deicing material storage area; gasoline
or fuel oil storage tanks that have not received written approval
from the Wisconsin Department of Commerce or its designated agent
under § Comm. 10.10; bulk fuel storage facilities; and pesticide
or fertilizer handling or storage facilities.
b.
Nonconforming uses. The existing legal use of the structure
or building or its accessory use, which is not in conformity with
the provisions of this ordinance, may be continued subject to the
following. No modifications or additions to a nonconforming use shall
be permitted unless they are made in conformity with the provisions
of this section. For the purposes of this section, the words "modification"
and "addition" shall include, but not be limited to, any alteration,
addition, modification, rebuilding or replacement of any such existing
structure or accessory use. Ordinary maintenance repairs are not considered
structural repairs, modifications or additions (ordinary maintenance
repairs include internal and external painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components).
If a nonconforming use is discontinued for 12 consecutive months,
any future use of the lands, structure or building shall conform to
the appropriate provisions of this ordinance.
c.
Requirements for existing facilities.
1.
Facilities shall provide copies of all federal, state and local
facility operation approvals or certificates and on-going environmental
monitoring results to the Village of Mukwonago.
2.
Facilities shall provide additional environmental or safety
structures/monitoring as deemed necessary by the Village of Mukwonago,
which may include (but is not limited to) stormwater runoff management
and monitoring.
3.
Facilities shall replace equipment or expand in a manner that
improves the existing environmental and safety technologies already
in existence.
4.
Facilities shall have the responsibility of devising and filing
with the Village of Mukwonago a method for the immediate notification
of Village of Mukwonago officials in the event of an emergency.
5.
In the event the individual and/or facility causes the release
of any contaminants which endanger either Well No. 5 or 6, the activity
causing said release shall immediately cease and a cleanup satisfactory
to the Village of Mukwonago shall occur.
6.
The individual/facility shall be responsible for all costs of
cleanup, Village of Mukwonago consultant fees at the invoice amount,
plus administrative costs for oversight, review and documentation.
d.
Enforcement and penalties.
1.
It shall be unlawful to construct or use any structure, land
or water in violation of any of the provisions of this ordinance.
In case of any violation, the Village of Mukwonago Village Board may
institute appropriate action or proceedings to enjoin a violation
of this ordinance.
2.
Any person, firm or corporation who fails to comply with the
provisions of this ordinance shall, upon conviction thereof, forfeit
not less than $100, nor more than $500 plus the costs of prosecution
of reach violation, and in default of payment of such forfeiture and
costs shall have such costs added to their real property as a lien
against the property. Each day a violation exists or continues shall
constitute a separate offense.
[Ord. No. 572, § I(9.0213), 2-6-1996]
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 chapter. 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.
[Ord. No. 572, § I(9.0301), 2-6-1996]
All persons, firms or corporations performing work which by
this chapter requires the issuance of a permit shall pay a fee for
such permit to the Village Treasurer to help defray the cost of administration,
investigation, advertising, and processing of permits and variances.
The permits for which a fee is required are the building permit, occupancy
permit, conditional use permit, sign permit, and erosion control permit.
A fee shall also be required for a zoning review by the Zoning Administrator,
zoning text or map amendment, zoning appeal or variance and a planned
unit development review. The fees shall be as established by resolution
of the Village Board.
[Ord. No. 572, § I(9.0302), 2-6-1996]
A double fee shall be charged by the Zoning Administrator 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
chapter nor from prosecutions for violation of this chapter.
[Ord. No. 572, § I(9.0303), 2-6-1996]
It shall be unlawful to construct or use any structure, land
or water in violation of any of the provisions of this chapter. Failure
to secure the necessary permits prior to commencing construction shall
also constitute a violation. In case of any violation, the Village
Board, the Zoning Administrator, the Village plan commission, or any
property owner who would be specifically damaged by such violation
may institute appropriate action or proceedings to enjoin a violation
of this chapter.
[Ord. No. 572, § I(9.0304), 2-6-1996]
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.
[Ord. No. 572, § I(9.0305), 2-6-1996]
Any person, firm or corporation that fails to comply with the
provisions of this chapter shall, upon conviction thereof, forfeit
not less than $50 nor more than $500 and any costs of prosecution
for 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. If any specific ordinance imposes
a greater penalty, then that ordinance shall govern the amount of
the penalty.
[Ord. No. 572, § I(9.2301), 2-6-1996]
For the purpose of this chapter, certain words or phrases shall
have meanings that either vary somewhat from their customary dictionary
meanings or are intended to be interpreted to have a specific meaning.
Words used in the present tense in this chapter include the future.
Words in the singular number include the plural number; words in the
plural number include the singular number. The word "person" includes
a firm, association, partnership, trust, company or corporation as
well as an individual. The word "he" includes the word "she." The
word "shall" is mandatory, the word "should" is advisory, and the
word "may" is permissive. Any words not defined in this section shall
be presumed to have their customary dictionary definitions.
[Ord. No. 572, § 1(9.2302), 2-6-1996; Ord. No. 698, § VIII, 1-21-2003; Ord. No. 731, § II, 4-20-2004; Ord. No. 815, § I, 11-18-2008; Ord. No. 837, § I, 1-18-2011; Ord. No. 839, § II, 4-19-2011; Ord. No. 854, § I, 12-20-2011; Ord. No. 926, § I, 4-18-2017; Ord. No. 927, § I, 4-18-2017]
A detached subordinate structure or a use which is clearly
incidental to, and customarily found with, the principal structure
or use to which it is related and which is located on the same lot
as that of the principal structure or use.
Defined under W.S.A., § 50.01(1), means one of
the following:
A private residence to which all of the following apply:
Care and maintenance above the level of room and board but not
including nursing care are provided in the private residence by the
care provider whose primary domicile is this residence for three or
four adults, or more adults if all of the adults are siblings, each
of whom has a developmental disability, as defined in W.S.A., § 51.01(5),
or, if the residence is licensed as a foster home, care and maintenance
are provided to children, the combined total of adults and children
so served being no more than four, or more adults or children if all
of the adults or all of the children are siblings, or, if the residence
is licensed as a treatment foster home, care and maintenance are provided
to children, the combined total of adults and children so served being
no more than four.
The private residence was licensed under W.S.A., § 48.62,
as a foster home or treatment foster home for the care of the adults
specified in Subdivision 1 at least 12 months before any of the adults
attained 18 years of age.
A place where three or four adults who are not related to the
operator reside and receive care, treatment or services that are above
the level of room and board and that may include up to seven hours
per week of nursing care per resident.
A special public right-of-way affording only secondary access
to abutting properties.
Architectural appurtenance means an accessory or adjunct
embellishment to the architectural design of a building that benefits
the aesthetic appeal and enjoyment of the property.
An establishment engaged in the sale or exhibit of art works
such as paintings, sculpture, macrame, knitted goods, stitchery or
pottery. Art studios are also engaged in the creations of such art
works and often offer instruction in their creation. Within the context
of this chapter, art studio does not include nude modeling and other
pornographic exhibits.
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways include
freeways and expressways, state trunk and county trunk highways, and
other heavily traveled streets and parkways.
When used in describing an industrial operation, the fitting
or joining of parts of a mechanism by means of fasteners, nuts and
bolts, screws, glue, welding or other similar technique. Assembly
shall not include the construction, stamping or reshaping of any of
the component parts.
The act of providing care and supervision for fewer than
four children. This definition does not apply when the baby sitter
is related to the child, or when more than four children in one household
are related.
That portion of any structure which is below grade, or which
is partly below and partly above grade but so located that the vertical
distance from the grade to the floor is greater than the vertical
distance from the grade to the ceiling.
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for not more than 12 persons not members of the family who are the
principal occupants of the family. Boardinghouses are not open to
transient customers such as those who would seek lodging at a motel
or hotel.
As defined in W.S.A., § 30.121(1). A permanent
structure used for the storage of watercraft and associated materials
and includes all such structures which are totally enclosed, have
roofs or walls or any combination of structural parts.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
The total living area bounded by the exterior walls of a
building at the floor levels, but including basement, utility rooms,
garages, porches, breezeways and unfinished attics.
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of the roof.
[Amended 10-21-2020 by Ord. No. 985]
In the Village of Mukwonago, business mixed use development
with approval under planned unit development overlay standards applied
to specific business districts means a mixture of multifamily residential
and business uses allowed on the same property. Business uses may
include commercial, retail, service and office activities that are
either new or existing. Business mixed use development may be: (1)
within a single or multiple buildings within a unified development
having business on lower or upper floors and multifamily residential
dwelling units on the other floors; or (2) a business or businesses
in buildings separate from the multifamily residential buildings with
all buildings within a unified development. However, a multifamily
development proposal within the area planned for business mixed use
overlay within the South Main Street-River Key Area of the Update
to Comprehensive Plan 2035 may apply through a planned unit development
to be solely residential if conforming to the following criteria:
The proposal must be a redevelopment project, meaning the acquisition
of property with existing buildings, impervious surface, or infrastructure
are to be demolished and repurposed; and
The total development proposes less than 100 units of new multifamily;
and
The proposed development area is directly abutted by an existing
commercial development.
Each business mixed use development shall be under the same
ownership at the time of application and approval. Nonetheless, after
approval and development, the unified development site may be divided
into separate ownerships.
A certification issued by the Zoning Administrator stating
that any construction and use of land or a building, the elevation
of fill or the first floor of a structure is in compliance with all
of the provisions of this chapter.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoe shine shops, clothes pressing shops,
but none employing over five persons.
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery, and millinery
shops.
For the purposes of zoning review permit and occupancy permit,
a commercial building is any use of a building other than single-family
dwelling and two-family dwelling.
Defined under W.S.A., § 46.03(22)(a) means any
of the following facilities licensed or operated, or permitted under
the authority of the State of Wisconsin Department of Health and Family
Services:
Residential care centers for children and youth, as defined
in W.S.A., § 48.02(15d), operated by child welfare agencies
licensed under W.S.A., § 48.60;
Group homes for children, as defined in W.S.A., § 48.02(7);
and
Community-based residential facilities, as defined in W.S.A.,
§ 50.01(1g); but
Does not include adult family homes, as defined in W.S.A., § 50.01(1),
day care centers, nursing homes, general hospitals, special hospitals,
prisons, and jails.
A written decision issued by the Village Board that indicates
whether the conditional use is approved or denied, and the terms of
the approval if so granted. The conditional use may only be established
on the subject property when the Zoning Administrator issues a conditional
use permit indicating that all initial conditions of the approval
have been satisfied.
[Added 10-21-2020 by Ord.
No. 985]
A permit issued by the Zoning Administrator indicating that
the conditional use may be established following a determination that
all initial conditions of the conditional use order have been satisfied.
[Added 10-21-2020 by Ord.
No. 985]
Uses of a special nature as to make impractical their predetermination
as to a permitted use in a district.
[Amended 10-21-2020 by Ord. No. 985]
A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all owners on a proportional, undivided basis. It is a legal form
of ownership of real estate and not a specific building type or style.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the U.S. Department of Agriculture, Soil Conservation Service,
for the county, adopted by the county soil and water conservation
district supervisors, and containing suitable alternatives for the
use and treatment of land based upon its capabilities, from which
the landowner selects the alternative which best meets his needs in
developing his soil and water conservation plan.
A control measure used to meet the requirements of § 100-353 of this chapter.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of the site construction erosion control provisions of
this chapter submitted by the applicant for review and approval by
the Village.
An establishment in which the operator is provided with compensation
in return for providing one or more individuals with care for less
than 24 hours at a time. The term includes, but is not limited to,
a day nursery, nursery school, adult day care center or other supplemental
care facility. This term does not include a family day care home.
The number of dwelling units per acre of land on a parcel,
lot or unified land-developing activity. For the purposes of calculation,
the number of dwelling units is the numerator and the acreage is the
denominator, with the resultant expressed in dwelling units per acre.
The number of dwelling units per acre of land on a parcel,
lot or unified land-developing activity where the amount of acres
excludes any existing right-of-way and any major utility right-of-way.
The number of dwelling units per acre of land on a parcel,
lot or unified land developing activity where the amount of acres
excludes any existing right-of-way and any major utility right-of
way, plus excluding all natural resources to be protected, including
wetlands, floodplains, lakes and streams, woodlands and forests, existing
stormwater basins, primary environmental corridors, and archeological
sites.
The Wisconsin Department of Natural Resources.
Any new use, change of use and any change to improved or
unimproved real estate including, but not limited to, the construction
of buildings, structures or accessory structures; any placement of
mobile homes, the construction of additions or substantial alterations
to buildings, structures or accessory structures; the placement of
buildings or structures; ditching, lagooning, dredging, filling, grading,
paving, excavation or drilling operations; and the deposition or extraction
of earthen materials, public or private sewage disposal systems or
water supply facilities.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform (such as the residential, commercial, and industrial district
classifications).
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district without
disturbing the requirements of the basic district. In the instance
of conflicting requirements, the more strict of the conflicting requirements
shall apply.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
An establishment used for the sale, dispensing or serving
of food, refreshments or beverages in or on disposable plates and
cups, including those establishments where customers may serve themselves
and may eat and drink the food, refreshments and beverages on or off
the premises.
A detached building, also called a duplex, designed or used
exclusively as a residence or sleeping place, but does not include
boarding or lodginghouses, motels, hotels, tents, cabins or mobile
homes.
A two-level dwelling with one level above grade, and the
other level half above grade and half below grade. The lowest level
may or may not have exterior access. For the purpose of measuring
living area, the Building Inspector will determine functional areas
as set forth in the definition of "living area," and the first floor
area will be considered to be the first level that is entirely above
grade.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied exclusively
by one family.
A three-level dwelling with two levels above grade, and a
third level half above grade and half below grade. The lowest level
may or may not have exterior access.
A detached building containing two separate dwelling (or
living) units, designed for the occupancy by not more than two families.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
In the case of an election for office, the period beginning
on the first day for circulation of nomination papers by candidates
or the first day that candidates would circulate papers were papers
to be required, and ending the day of election. In the case of a referendum,
the period beginning on the day on which the question to be voted
upon is submitted to the electorate and ending on the day on which
the referendum is held.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste or thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
The effect of any encroachment into the floodway must be
computed by assuming an equal degree of hydraulic encroachment on
the other side of a river or stream for a significant hydraulic reach.
This computation assures that property owners up, down or across the
river or stream will have the same rights basis of the effect upon
hydraulic conveyance, not upon the distance the encroachment extends
into the floodway.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
A parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale on which the construction
of facilities for servicing the lots (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed before
the effective date of this chapter.
Means the preparation of additional sites by the construction
of facilities for servicing the lots on which the mobile homes are
to be placed. This includes installation of utilities, either final
site grading, pouring pads or construction of streets.
A divided arterial street or highway with full or partial
control of access and with or without grade separated intersections.
The body of persons related by blood, marriage or adoption,
or not more than four (4) unrelated persons who live together in one
dwelling unit as a single housekeeping entity.
A dwelling licensed as a day care center by the State of
Wisconsin Department of Health and Family Services under W.S.A., § 48.65,
where care is provided for not more than eight children. (From W.S.A.,
§ 66.1017(1)(a).)
The temporary sale of farm products at a site other than
where they were grown. The sale of farm produce grown on the premises
or the sale of not more than five bushels per day of farm produce
grown off the premises is not considered a farmers market.
The distance measured from the average grades of the abutting
lots to be separated by the fence.
Includes banks, savings and loans associations, etc.
As defined in W.S.A., § 30.121(1). A structure
not actually used for navigation which extends beyond the ordinary
high water mark of a navigable waterway and is retained in place either
by cables to the shoreline or by anchors or spudpoles attached to
the bed of the waterway.
Any premises where the principal use is the sale of new or
used household goods, personal effects, tools, art work, small household
appliances and similar merchandise, equipment or objects, in small
quantities, in broken lots or parcels, not in bulk, for use or consumption
by the immediate purchaser. Flea markets may be conducted within a
structure or in the open air. Rummage sales and garage sales are not
considered to be flea markets.
For the purpose of this chapter, the floodlands are all lands
contained in the "regional flood" or 100-year recurrence interval
flood. For the purpose of zoning regulation, the floodlands are divided
into the floodway overlay district and the floodplain fringe overlay
district.
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed pursuant to W.S.A.,
§ 48.62.
Any facility that is operated by a person required to be
licensed by W.S.A., § 48.62(1)(a), and that provides care
and maintenance for no more than four children or, if necessary to
enable a sibling group to remain together, for no more than six children
or, if the State of Wisconsin Department of Health and Family Services
promulgates rules permitting a different number of children, for the
number of children permitted under those rules. (From W.S.A., § 48.02(6).)
An expressway will full control of access and with fully
grade separated intersections.
The smallest dimension of a lot abutting a public street
measured along the street right-of-way line. For lots abutting a lake
or stream, the smallest dimension measured along the shoreline.
See "rummage sale."
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the families resident
upon the premises.
Any garage other than a private garage.
Retail stores where items such as art, antiques, jewelry,
books and notions are sold.
A company of persons gathered together for any purpose for
a period of two or more hours.
Any facility operated by a person required to be licensed
by the State of Wisconsin pursuant to W.S.A., § 48.62, for
the care and maintenance of five to eight foster children.
Retail stores where items such as plumbing, heating and electrical
supplies, sporting goods and paints are sold.
Publication or posting meeting the requirements of W.S.A.,
ch. 985. Class 1 notice is required at a minimum for appeals; published
once at least one week (seven days) before the hearing. Class 2 notice
is required at a minimum for all zoning ordinances and amendments
including map amendments; published twice, once each week consecutively,
the last publication at least a week (seven days) before the hearing.
Local ordinances or bylaws may require additional notice exceeding
these minimums.
"Ordinary high water mark" means the point on the bank or
shore up to which the presence and action of surface water is so continuous
as to leave a distinctive mark such as by erosion, destruction or
prevention of terrestrial vegetation, predominance of aquatic vegetation,
or other easily recognized characteristic.
An area designated by the Village Board, on recommendation
of the commission, that contains two or more historic improvements
or sites, as well as those abutting improvement parcels which the
commission determines shall fall under the provisions of this section
to assure that their appearance and development are harmonious with
such historic structures or historic sites.
Any structure that is:
Listed in the National Register of Historic Places or preliminarily
determined by the secretary of the interior as meeting the requirements
for listing on the National Register;
Certified or preliminarily determined by the secretary of the
interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places;
or
Listed on a local inventory of historic places in communities
with historic preservation programs certified by the state.
A home occupation that is carried out in a structure separate
from the principal structure; or the manufacture or assembly of a
product, often on a contract basis, in a residence; or an occupation
of a more intense nature that is normally defined as a home occupation.
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises.
A dwelling unit or units designed and constructed to be occupied
by elderly persons. An elderly person is a person who is 62 years
of age or older on the date such person intends to occupy the premises,
or a family, the head of which, or his spouse, is an elderly person
as defined herein.
A grade separated intersection with one or more turning lanes
for travel between intersection legs.
Any zoning committee established in accordance with W.S.A.,
§ 62.23(7a).
An area consisting of buildings, structures or premises where
junk waste and discarded or salvage materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards and house wrecking and structural steel materials and
equipment yards, but not including the purchase or storage of used
furniture and household equipment or used cars in operable condition.
Junk yards are not permitted in the Village of Mukwonago.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural activities such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscape modifications.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development")
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
Any structure or improvement which has a special character
or special historic interest or value as part of the community, state
or nation and which has been designated as a landmark pursuant to
the provisions of the Mukwonago Village Code.
[Amended 12-18-2019 by Ord. No. 970]
Any parcel of land of historical significance due to substantial
value in tracing the history of aboriginal man, or upon which a historic
event has occurred, and which has been designated as a landmark site
pursuant to the provisions of this chapter; or a parcel of land, or
part thereof, on which is located a landmark and any abutting parcel,
or part thereof, used as and constituting part of the premises on
which the landmark is situated.
Any person holding title to or having an interest in land.
Official notification from the federal emergency management
agency (FEMA) that a flood hazard boundary map or flood insurance
rate map has been amended.
The total area bounded by the exterior walls of a building
at the floor levels, but not including basement, utility rooms, garages,
porches, breezeways and unfinished attics.
All rooms within a dwelling except closets, foyers, storage
area, utility rooms and bathrooms.
A completely offstreet space or berth on the same lot as
the principal use it serves for the loading or unloading of freight
carriers, having adequate ingress and egress to a public street or
alley.
For the purpose of this chapter, a lot shall be defined as
a parcel of land on which a principal building and its accessory building
are placed, together with the required open spaces, provided that
no such parcel shall be bisected by a public street and should not
include any portion of a public right-of-way. No lands dedicated to
the public or reserved for roadway purposes should be included in
the computation of lot size.
The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
Any fence located a distance from lot line equal to the height
of the fence.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The width of a parcel of land measured between the intersection
of the two side lot lines and the right-of-way, measured along the
chord. Where the lot width narrows toward the rear yard, the lot width
shall be measured at the building setback line between the two side
lot lines, measured along the chord. On corner lots, the smallest
frontage shall be deemed the lot width, and no side or rear lot line
shall be less than the required lot width.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot size.
A parcel or lot, other than a corner lot, with frontage on
two streets or with frontage on a street and a navigable body of water.
Where access to the parcel or lot is restricted from one of the frontages,
then the yard facing the restricted access street shall be considered
the rear yard for building setback purposes, and the yard facing the
allowable access street shall be considered the street yard for building
setback purposes.
A parcel or lot that is also a corner lot, with frontage
on three streets. Where access to the parcel or lot is restricted
from one of the frontages that are opposite the frontage with allowable
access, then the yard facing the restricted access street shall be
considered the rear yard for building setback purposes. The third
street frontage that is not opposite of a yard with street frontage
shall be considered the street yard for building setback purposes.
Shops where lathes, presses, grinders, shapers and other
wood and metal working machines are used, such as blacksmith, tinsmith,
welding and sheet metal shops; plumbing, heating and electrical repair
shops; and overhaul shops.
As defined in W.S.A., §§ 101.90 — 101.96
or future revisions of these statutes.
When used in describing an industrial operation, the making
or processing of a product with machinery.
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors, and
walls and fences.
A vehicle designed to be towed as a single unit or in sections
upon a highway by a motor vehicle and equipped and used, or intended
to be used, primarily for human habitation, with walls of rigid uncollapsible
construction but not including a unit used primarily for camping,
touring or recreational purposes which remains licensed and ready
for highway use and remains on site less than 180 days.
Any parcel of land which has been developed for the placement
of mobile homes upon which two or more units may be located, regardless
of whether or not a charge is made for such accommodation.
A series of attached, semi-attached or detached sleeping
units for the accommodation of transient guests.
A residential building or grouping of residential buildings
where each building is designed for or occupied by three or more families,
with the number of families in residence not to exceed the number
of dwelling units provided. A multiple-family residence may be owner
occupied or rental occupied.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state.
Any structure, land or water lawfully used, occupied or erected
at the time of the effective date of this chapter or amendments thereto
which does not conform to the regulations of this chapter or amendment
thereto. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements is considered a nonconforming structure and
not a nonconforming use.
A place where five or more persons who are not related to
the operator or Administrator reside, receive care or treatment and,
because of their mental or physical condition, require access to twenty-four-hour
nursing services, including limited nursing care, intermediate level
nursing care and skilled nursing services, as defined in W.S.A., § 50.01.
Official notification from the federal emergency management
agency (FEMA) that a flood hazard boundary map or flood insurance
rate map has been amended.
A fence intended to decorate, accent or frame a feature of
the landscape. Ornamental fences are often used to identify a lot
corner or a lot line; or frame a driveway, walkway or planting bed.
Ornamental fences are those with more than 50% of their surface area
open for free passage of light and air. Ornamental fences are often
of the picket, rail or wrought iron type.
Overlay zoning district means a zoning district that provides
for specific regulations to be applied to a designated area in combination
with the requirements of the underlying or base zoning district.
A structure or premises containing 10 or more parking spaces
open to the public. Such spaces may be for rent or a fee.
A graded and surfaced area of not less than 180 square feet
in area either enclosed or open for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 250 feet, and all property owners of opposite frontages.
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the state
department of natural resources, pursuant to W.S.A., § 30.13.
Piers and wharves are only permitted to the landward side of such
pierhead line unless a permit has been obtained pursuant to W.S.A.,
§ 30.12(2).
Includes pool halls, theaters, bowling alleys, dance halls,
skating rinks, golf driving ranges and night clubs.
A planned unit development (PUD) is an alternate zoning tool
for developments that propose a creative and innovative solution with
a layout that is not achievable by the standards of the underlying
or base zoning district. The PUD is intended to permit developments
that will be enhanced by coordinated area site planning, diversified
location of structures, diversified building types, and/or mixing
of compatible uses. Such developments are intended to provide a safe
and efficient system for pedestrian and vehicle traffic; to provide
attractive recreation and open spaces as integral parts of the developments;
to enable economic design in the location of public and private utilities
and community facilities; and to ensure adequate standards of construction
and planning. The PUD overlay district under this chapter will allow
for flexibility of overall development design with benefits from such
design flexibility intended to be derived by both the developer and
the Village, while at the same time maintaining the land use density
and other standards or use requirements set forth in the underlying
or base zoning district.
A lot, parcel, tract or plot of land together with the buildings
and structures thereon.
When used in describing an industrial operation, the series
of continuous actions that changes one or more raw materials into
a finished product. The process may be chemical as in the processing
of photographic materials; it may be a special method such as processing
butter or cheese; it may be a mechanical process such as packaging
a base product.
Residences of clergymen, architects, landscape architects,
professional engineers, registered land surveyors, lawyers, real estate
agents, artists, teachers, authors, musicians, or persons in other
recognized professions used to conduct their professions, where the
office use is incidental to the residential use of the premises.
A yard extending across the full width of a lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard is opposite the street yard or
one of the street yards on a corner lot. Where two side lot lines
narrow to the point that the rear lot line is less than 10 feet in
length, then for purposes of measuring the rear setback, the rear
lot line shall be considered a line 10 feet in length between the
side lot lines as parallel as possible to the street frontage.
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales do not exceed
four consecutive days in length and are not conducted more often than
three times per year. Rummage sales do not involve the resale of merchandise
acquired for that purpose. Rummage sales are also known as "garage
sales." Flea markets, defined elsewhere in this section, are not rummage
sales.
The rainfall, snowmelt or irrigation water flowing over the
ground surface.
A confined designated area, either subdivided or in common
ownership with adjacent areas, containing a single use building that
is designed as an integral part of a unified commercial/retail center
or business center.
Furniture upon which to sit, having a linear measurement
not less than 24 inches across the surface used for sitting.
An arrangement and use of rooms within a single-family dwelling
that allows for one or two family members to reside separate from
the single housekeeping entity while remaining part of and having
nonlockable direct interior access to the entire single-family dwelling.
The arrangement of rooms may contain a kitchenette area with associated
living areas, bedrooms and a bathroom.
A residential care facility that includes at least two of
the following types of residential care and is operated as a fully
integrated facility by a single operating entity:
[Added 9-16-2020 by Ord.
No. 984]
A building or group of buildings containing dwellings intended
to be occupied by elderly persons, as defined by the Federal Fair
Housing Act, as amended. Senior housing may include independent and/or
assisted living arrangements but shall not include nursing or convalescent
homes regulated by the State of Wisconsin. Independent and assisted
living housing are defined as follows:
SENIOR ASSISTED LIVINGHousing that provides twenty-four-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.
SENIOR INDEPENDENT LIVINGHousing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.
The rain intensities and rain volumes or corresponding values
specific to the community for the storm durations of 0.5, 1, 2, 3,
6, 12, and 24 hours that occur approximately once each year. The following
are typical characteristics of these one-year storms in most of Wisconsin:
|
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
|
|---|---|---|
|
0.5
|
1.8
|
0.9
|
|
1
|
1.1
|
1.1
|
|
2
|
0.7
|
1.3
|
|
3
|
0.5
|
1.5
|
|
6
|
0.3
|
1.7
|
|
12
|
0.2
|
2.0
|
|
24
|
0.1
|
2.3
|
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots and double
frontage lots have two such yards, except as defined in "Lot, double
frontage" and "Lot, triple frontage."
A yard extending across the full width or depth of a lot,
the depth of which shall be the minimum horizontal distance between
a line intersecting both side lot lines at the same angle and containing
the point of the high water elevation of a pond, stream, lake or wetland
nearest the principal structure and a line parallel thereto containing
the point of the principal structure nearest the high water line.
Those lands lying within the following distances from the
ordinary high water mark of navigable waters: 1,000 feet from a lake,
pond or flowage; and 300 feet from a river or stream; or to the landward
side of the floodplain, whichever distance is greater. Shorelands
shall not include those lands adjacent to farm drainage ditches where
(a) such lands are not adjacent to a navigable stream or river; (b)
those parts of such drainage ditches adjacent to such lands were nonnavigable
streams before ditching or had no previous stream history; and (c)
such lands are maintained in nonstructural agricultural use.
The intersection of the land surfaces abutting lakes, ponds,
streams, flowages and wetlands with the average annual high water
elevation.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
The number obtained when the smoke density in Ringelmann
number is multiplied by the time of emission in minutes.
The volume of space available above a given cross-section
of a floodplain for the temporary storage of floodwater. The storage
capacity will vary with stage.
That portion of a building included between the surface of
a floor and the surface of the floor or ceiling next above it; a basement
or cellar having one-half or more of its height above the average
grade of the lot shall be deemed one full story.
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Any erection or construction, such as buildings, prefabricated
or prebuilt buildings, towers, masts, poles, booms, signs, decorations,
carports, machinery or equipment.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started, or if the structure has been damaged, and is being restored,
before the damage occurred. The term does not however, include either:
(a) any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions, or (b) any
alteration of a structure or site documented as deserving preservation
by the Wisconsin State Historical Society or listed on the National
Register of Historic Places. Ordinary maintenance repairs are not
considered structural repairs, modifications or additions; such ordinary
maintenance repairs include internal and external painting, decorating,
paneling, and the replacement of doors, windows and other nonstructural
components.
Whenever the terms "surety," "surety bond," or "bond" are
used in this chapter, such term shall describe only an irrevocable
letter of credit or a cash bond as approved by the Village Attorney.
Management of forested lands to provide annual or periodic
crops of forest products.
A group of single-family dwellings, also called row houses,
having an unpierced common wall between each adjacent section and
the end units having side yards.
Any facility that is operated by a person required to be
licensed under W.S.A., § 48.62(1)(b), that is operated under
the supervision of the State of Wisconsin Department of Health and
Family Services, a county department or a licensed child welfare agency,
and that provides to no more than four children care, maintenance
and structured, professional treatment by trained individuals, including
the treatment foster parents. (From W.S.A., § 48.02(17q).)
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade separated interchange ramps.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulator stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops and storage yards.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
An open space on the same lot with a structure, unoccupied
and obstructed from the ground upward except for vegetation. The street
and rear yards extend the full width of the lot.
[Added 3-18-2019 by Ord.
No. 974]
(b)
Membership. The membership of the Plan Commission shall be as set forth in § 62-1 of the Municipal Code of the Village of Mukwonago.
(c)
Meetings.
(1)
Scheduling of meetings. Meetings of the Plan Commission shall
be held monthly on the second Tuesday of each month, or at the call
of the Chairman or upon a call of the majority of the full Commission
subject to proper meeting and notification in accordance with the
Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See W.S.A. § 19.81 et seq.
(2)
Quorum. A quorum for matters of business of the Plan Commission
shall consist of four members. Action by the Commission shall be taken
by a majority vote of those present.
(3)
Open meetings. All meetings of the Plan Commission shall be
open to the general public as governed and required in W.S.A. § 19.81.
(4)
Closed session. The Plan Commission may go into closed session
for the purposes enumerated in W.S.A. § 19.85(1).
(d)
Public comment.
(1)
Please be advised, per W.S.A. § 19.84(2), information and
comment will be received from the public by the Plan Commission. The
public comment session is granted to the public at the start of each
Plan Commission meeting. The public comment session shall last no
longer than 15 minutes, and individual presentations are limited to
three minutes per speaker. However, these time limits may be extended
in the discretion of the Chief Presiding Officer. The Plan Commission
may not respond to or have any discussion on information received
during the public comment session unless it is placed upon the agenda
for a subsequent meeting.
(2)
Public comments should be addressed to the Plan Commission as
a body. Presentations shall not deal in personalities or personal
attacks on members of the Plan Commission, the applicant or Village
employees. Comments shall not be used to engage others in a debate
in this forum. All comments, questions and concerns should be presented
in a respectful, professional manner. Any questions to an individual
member of the Commission or staff will be deemed out of order by the
Presiding Officer.
(e)
Minutes. Minutes of the proceedings and record of all actions of
the Plan Commission shall be kept by the Village Clerk and said minutes
shall reflect the vote on each member upon each question; the reason
for the Commission's determination in its finding. The records of
such minutes shall be maintained in the office of the Village Clerk
and shall be considered a public record.
(f)
Rules of Order. The conduct of the meetings of the Plan Commission
shall be governed by Robert's Rules of Order, Newly Revised Edition.
(g)
Powers and duties. The Plan Commission shall have all the powers and duties granted or assigned by the Village Board, or by Village ordinances, and those powers and duties granted or assigned by W.S.A. §§ 61.35, 61.351, 61.354, 62.23, 87.30, 144.26 and 144.266; Chapter 236 of the Wisconsin Statutes and Chapters 64 and 100 of the Municipal Code of the Village of Mukwonago.
