[Ord. No. 698, § I, 1-21-2003; Ord. No. 710, § III, 5-20-2003; Ord. No. 930, § I(Exh. A), 6-20-2017]
(a)
Intent. The B-1 neighborhood business district is intended to establish
and preserve areas for neighborhood convenience shopping and service
needs located in close proximity to residential neighborhoods while
minimizing the undesirable impact of such uses on the neighborhood
which they serve, including that any nonresidential use be compatible
with the character of adjacent residential neighborhoods. The following
requirements are intended to help carry out this intent:
(1)
All business establishments shall be retail or service establishments
dealing directly with consumers.
(2)
All goods produced on the premises shall be sold on premises
where produced.
(3)
All business, servicing or processing, except for off-street
parking or loading, shall be conducted within a completely enclosed
building.
(b)
Permitted uses.
(2)
Existing residences in compliance with the provisions of R-2
single-family historical lot residential district.
(3)
Other uses similar to the previously referenced permitted use
list, subject to the approval of the plan commission, if the use is
not already listed as a conditional use or not allowed.
(d)
Quantitative standards for development in B-1.
|
Category
|
Standard
| |
|---|---|---|
|
Minimum Lot Area
|
12,000 square feet
| |
|
Minimum Lot Width
|
80 feet
| |
|
Maximum Building Coverage on Lot — Principle Buildings
Only
|
30% of total lot size, not including any public right-of-way
| |
|
Maximum Lot Coverage (all buildings and impervious surfaces)
|
65% of total lot size, not including any public right-of-way
| |
|
Minimum Greenspace Perimeter*
|
10 foot perimeter on all sides
| |
|
Minimum Building Setbacks
|
Street Yard: 25 feet
| |
|
Interior Side Yard:
| ||
|
a.
|
Abutting residential zoning district: 25 feet
| |
|
b.
|
Not abutting residential zoning district: 10 feet
| |
|
Rear Yard: 30 feet
| ||
|
Maximum Building Height, principal building
|
2 stories to a maximum of 25 feet
| |
|
Maximum Height, accessory building**
|
15 feet
| |
|
Minimum Floor Area per Building
|
Total: 1,200 square feet
| |
|
First floor of two-story buildings: 900 square feet
| ||
|
NOTES:
| |
|---|---|
|
*
|
There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100.
|
|
**
|
See §§ 100-151(j) and 100-453 for other accessory structure regulations.
|
(e)
Design standards.
(1)
General requirement. The architectural design of all buildings
shall be subject to plan commission approval.
(2)
Building materials and colors.
a.
Exterior building materials shall convey an impression of durability.
Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl
and aluminum siding are permitted. Metal is not permitted. A minimum
of 25% of the gross area of street sides of buildings must be masonry.
b.
Exterior building colors shall be nonreflective, subtle, neutral,
or earth tone. The use of high intensity colors, metallic colors,
black, or fluorescent colors shall be prohibited. Building trim and
architectural accent elements may feature brighter colors, but such
colors shall be muted, not metallic, not fluorescent, and not specific
to particular uses or tenants. Standard corporate and trademark colors
shall be permitted only on sign face and copy areas.
c.
Four-sided architecture is required.
(4)
Mechanical units. All roof and wall-mounted mechanical, electrical,
communications, and service equipment, including satellite dishes
and vent pipes, must be screened from public view by parapets, walls,
or by other approved means.
(f)
Refuse storage.
(1)
Trash dumpsters shall be screened from public rights-of-way
and adjacent property by an enclosure with walls a minimum of six
feet in height. The walls shall be constructed of masonry compatible
with materials used on the street side of the principal building.
Access gates shall be constructed of woven wire fencing with opaque
screening material. It is preferred that a screened pedestrian entrance
be provided such that waste may be deposited without opening the large
access gates.
(2)
All garbage/waste shall be within an enclosure. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids.
(3)
Refuse storage areas may not be located on any street side of
any principal or accessory building except by prior plan commission
approval.
(4)
Refuse storage areas may be freestanding or attached to a principal
or accessory structure.
(5)
Refuse storage shall not be considered an accessory structure,
but shall be of a size to adequately store all refuse and recyclables
anticipated to be generated by use or uses on subject property.
(6)
The size, height, location, setbacks and design of the refuse
storage shall be approved by the plan commission.
(h)
(i)
General development requirements.
(1)
Landscaping. Landscaping plans are subject to plan commission
review and approval subject to the following minimum standards. Any
alteration to that plan shall be subject to further plan commission
review and approval.
a.
The minimum number of trees on a site shall be calculated based
on the street frontage; one tree is required for each 20 feet. For
lots with 100 feet or less of road frontage; a minimum of five trees
shall be planted or retained. A minimum of two trees are to be planted
or retained in each front yard and each street side yard.
b.
Deciduous trees shall be a minimum of 2 1/2 inch caliper
and evergreens a minimum of four feet at time of planting.
c.
Efforts to protect and retain existing trees should be noted
in the landscaping plan.
d.
It is expected that all landscaping shall be appropriately distributed
on the site. Additional plantings of trees (deciduous and evergreen),
ornamental trees and shrubs above the minimum required herein shall
be planted consistent with the aesthetic style of the site and building(s),
subject to the approval of the plan commission. Additional plantings
will be required for screening or buffering. Fencing and other landscaping
embellishments, such as benches, fountains, etc. shall be included
with the landscape plan submitted for approval.
e.
Landscaping shall not obstruct fire department view of external
fire alarms or access to the building.
f.
Landscaping shall be used to screen unsightly site elements,
such as refuse enclosures, utility boxes, building mechanical equipment
and service doors and loading docks.
g.
All trees shall be hardy, urban tolerant and disease resistant.
h.
The natural topography shall be used in the design and layout
of the site.
i.
All landscaping shall be completed within nine months following
issuance of any temporary occupancy permit. Within unified development
sites with multiple principal buildings, landscaping shall be completed
surrounding the building within nine months subject to the temporary
occupancy. Final occupancy permit shall not be issued until completion
of all landscaping for the subject site or building.
j.
All plantings must be maintained. If at any time, required trees
die, be damaged or destroyed, such trees must be replaced in the original
approximate location.
k.
Prior to issuance of any building permit for the subject property,
the plan commission may require a letter of credit be submitted to
the Village in a form acceptable to the Village Attorney. The letter
of credit shall be in the amount of the estimated cost of landscape
materials and installation, plus an additional 10% for Village administrative
costs (refundable if landscaping completed by applicant), with said
estimated cost verified by a representative of the Village. If landscaping
is installed in phases, the Village may reduce the letter of credit
to an amount of the remaining estimated cost. However, the Village
shall retain 25% of the original letter of credit amount for one full
year from the date of full landscape plan installation. Should landscaping
not be completed within nine months of occupancy, or if landscape
materials that do not survive one full growing season are not replaced,
the Village shall draw upon the letter of credit as funds to complete
or replace landscaping.
(j)
Accessory buildings, structures and uses.
(1)
Limitations:
a.
Accessory structures and uses are limited to those customarily
incidental to the approved principal use.
b.
No more than 20% of the total floor area (principal building
and accessory building gross floor area) shall be used for accessory
uses.
c.
Accessory buildings and structures may only be located in rear
yards, with the exception of those typically used for landscaping
and decorating such as flagpoles, ornamental light standards, lawn
furniture, sundials and birdbaths.
d.
No accessory building or structure shall be visible from the
principal street.
(2)
Permitted accessory buildings, structures and uses:
a.
Those customarily incidental to the principal use.
b.
Detached garages for storage of vehicles used in conjunction
with the principal use.
c.
Off-street parking and loading areas accessory to the principal
use.
d.
Dish antennas, ground and building mounted, limited to 24 inches
in diameter and not visible from street view.
(3)
Setback: Same as for principal structure.
(4)
Proximity to principal building: No closer than 10 feet.
(5)
Maximum floor area: As approved by site plan and architectural
review.
(6)
Maximum number: As approved by site plan and architectural review.
(7)
Total coverage of all accessory structures: Not more than 20%
of rear yard area.
(8)
Satellite dish antennas. In addition to the requirements listed
above, satellite dish antennas are subject to the following:
a.
Multiple satellite dishes are permitted subject to proper screening
from visibility from street view.
b.
Satellite dish antennas shall be located no closer than five
feet to any alley lot line.
c.
Satellite dish antennas shall be constructed and anchored in
such a manner to withstand winds of 80 miles per hour, shall be made
of corrosive-resistant materials, and must not interfere with reception
on adjacent properties.
d.
No advertising shall be displayed on a satellite dish antenna
except for a nameplate, no more than one square foot in area, displaying
the name and address of the manufacturer, distributor and/or retailer.
[Ord. No. 698, § II, 1-21-2003; Ord. No. 710, § III, 5-20-2003; Ord. No. 930, § I(Exh. A), 6-20-2017]
(a)
Intent. The B-2 general business district is intended for existing
areas of business. The Village does not intend to create additional
districts of this type elsewhere in the Village except if adjoining
lands can be zoned B-2 if in the best interest and orderly development
of the Village. The district is to provide for those commercial activities
of a more general nature, including retail, office and service facilities
catering to the entire community area. The following requirements
are intended to help carry out this intent:
(1)
All business establishments shall be retail or service establishments
dealing directly with consumers.
(2)
All goods produced on the premises shall be sold on premises
where produced.
(3)
All business, servicing or processing, except for off-street
parking or loading, shall be conducted within a completely enclosed
building.
(b)
Permitted uses.
(2)
Existing residences in compliance with the provisions of R-2
single-family historical lot residential district.
(3)
Other uses similar to the previously referenced permitted use
list, subject to the approval of the plan commission, if the use is
not already listed as a conditional use or not allowed.
(d)
Quantitative standards for non-satellite lot development in B-2.
|
Category
|
Standard
|
|---|---|
|
Minimum Lot Area
|
20,000 square feet
|
|
Minimum Lot Width
|
100 feet
|
|
Maximum Building Coverage on Lot — Principle Buildings
Only (new)
|
35% of total lot size, not including any public right-of-way(new)
|
|
Maximum Lot Coverage (all buildings and impervious surfaces)
|
75% of total lot size, not including any public right-of-way(new)
|
|
Minimum Greenspace Perimeter*
|
10 foot perimeter on all sides
|
|
Minimum Building Setbacks
|
Street Yard: 10 feet
|
|
Interior Side Yard: 10 feet
| |
|
Rear Yard: 30 feet
| |
|
Maximum Building Height, principal building
|
2 stories to a maximum of 35 feet
|
|
Maximum Height, accessory building**
|
20 feet
|
|
Minimum Floor Area per Building
|
Total: 2,000 square feet
|
|
First floor of two-story buildings: 1,200 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100.
|
|
**
|
See §§ 100-152(k) and 100-453 for other accessory structure regulations.
|
(e)
Quantitative standards for satellite lot development in B-2(B-2 satellite
lot development not permitted within Village center overlay zoning
district).
|
Category
|
Standard
|
|---|---|
|
Minimum Lot Area
|
10,000 square feet
|
|
Minimum Lot Width
|
100 feet
|
|
Maximum Building Coverage on Lot — Principle Buildings
Only
|
35% of total lot size, not including any public right-of-way
|
|
Maximum Lot Coverage (all buildings and impervious surfaces)
|
70% of total lot size, not including any public right-of-way
|
|
Minimum Greenspace Perimeter*
|
10 foot perimeter on all sides
|
|
Minimum Building Setbacks
|
Street Yard: 10 feet
|
|
Interior Side Yard: 10 feet
| |
|
Rear Yard: 30 feet
| |
|
Maximum Building Height, principal building
|
1 story to a maximum of 30 feet
|
|
Maximum Height, accessory building
|
No accessory building permitted on satellite lot
|
|
Minimum Floor Area per Building
|
Total: 1,200 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100.
|
(f)
Design standards.
(1)
General requirement. The architectural design of all buildings
shall be subject to plan commission approval.
(2)
Building materials and colors.
a.
Exterior building materials shall convey an impression of durability.
Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl
and aluminum siding are permitted. Metal is not permitted. A minimum
of 25% of the gross area of street sides of buildings must be masonry.
b.
Exterior building colors shall be nonreflective, subtle, neutral,
or earth tone. The use of high intensity colors, metallic colors,
black, or fluorescent colors shall be prohibited. Building trim and
architectural accent elements may feature brighter colors, but such
colors shall be muted, not metallic, not fluorescent, and not specific
to particular uses or tenants. Standard corporate and trademark colors
shall be permitted only on sign face and copy areas.
c.
Four-sided architecture is required.
(4)
Mechanical units. All roof and wall-mounted mechanical, electrical,
communications, and service equipment, including satellite dishes
and vent pipes, must be screened from public view by parapets, walls,
or by other approved means.
(g)
Refuse storage.
(1)
Trash dumpsters shall be screened from public rights-of-way
and adjacent property by an enclosure with walls a minimum of six
feet in height. The walls shall be constructed of masonry compatible
with materials used on the street side of the principal building.
Access gates shall be constructed of woven wire fencing with opaque
screening material. It is preferred that a screened pedestrian entrance
be provided such that waste may be deposited without opening the large
access gates.
(2)
All garbage/waste shall be within an enclosure. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids.
(3)
Refuse storage areas may not be located on any street side of
any principal or accessory building except by prior plan commission
approval.
(4)
Refuse storage areas may be freestanding or attached to a principal
or accessory structure.
(5)
Refuse storage shall not be considered an accessory structure,
but shall be of a size to adequately store all refuse and recyclables
anticipated to be generated by use or uses on subject property.
(6)
The size, height, location, setbacks and design of the refuse
storage shall be approved by the plan commission.
(i)
(j)
General development requirements.
(1)
Landscaping. Landscaping plans are subject to plan commission
review and approval subject to the following minimum standards. Any
alteration to that plan shall be subject to further plan commission
review and approval.
a.
The minimum number of trees on a site shall be calculated based
on the street frontage; one tree is required for each 20 feet. For
lots with 100 feet or less of road frontage; a minimum of five trees
shall be planted or retained. A minimum of two trees are to be planted
or retained in each front yard and each street side yard.
b.
Deciduous trees shall be a minimum of 2 1/2 inch caliper
and evergreens a minimum of four feet at time of planting.
c.
Efforts to protect and retain existing trees should be noted
in the landscaping plan.
d.
It is expected that all landscaping shall be appropriately distributed
on the site. Additional plantings of trees (deciduous and evergreen),
ornamental trees and shrubs above the minimum required herein shall
be planted consistent with the aesthetic style of the site and building(s),
subject to the approval of the plan commission. Additional plantings
will be required for screening or buffering. Fencing and other landscaping
embellishments, such as benches, fountains, etc. shall be included
with the landscape plan submitted for approval.
e.
Landscaping shall not obstruct fire department view of external
fire alarms or access to the building.
f.
Landscaping shall be used to screen unsightly site elements,
such as refuse enclosures, utility boxes, building mechanical equipment
and service doors and loading docks.
g.
All trees shall be hardy, urban tolerant and disease resistant.
h.
The natural topography shall be used in the design and layout
of the site.
i.
All landscaping shall be completed within nine months following
issuance of any temporary occupancy permit. Within unified development
sites with multiple principal buildings, landscaping shall be completed
surrounding the building within nine months subject to the temporary
occupancy. Final occupancy permit shall not be issued until completion
of all landscaping for the subject site or building.
j.
All plantings must be maintained. If at any time, required trees
die, be damaged or destroyed, such trees must be replaced in the original
approximate location.
k.
Prior to issuance of any building permit for the subject property,
the plan commission may require a letter of credit be submitted to
the Village in a form acceptable to the Village Attorney. The letter
of credit shall be in the amount of the estimated cost of landscape
materials and installation, plus an additional 10% for Village administrative
costs (refundable if landscaping completed by applicant), with said
estimated cost verified by a representative of the Village. If landscaping
is installed in phases, the Village may reduce the letter of credit
to an amount of the remaining estimated cost. However, the Village
shall retain 25% of the original letter of credit amount for one full
year from the date of full landscape plan installation. Should landscaping
not be completed within nine months of occupancy, or if landscape
materials that do not survive one full growing season are not replaced,
the Village shall draw upon the letter of credit as funds to complete
or replace landscaping.
(k)
Accessory buildings, structures and uses.
(1)
Limitations:
a.
Accessory structures and uses are limited to those customarily
incidental to the approved principal use.
b.
No more than 20% of the total floor area (principal building
and accessory building gross floor area) shall be used for accessory
uses.
c.
Accessory buildings and structures may only be located in rear
yards, with the exception of those typically used for landscaping
and decorating such as flagpoles, ornamental light standards, lawn
furniture, sundials and birdbaths.
d.
No accessory building or structure shall be visible from the
principal street.
(2)
Permitted accessory buildings, structures and uses:
a.
Those customarily incidental to the principal use.
b.
Detached garages for storage of vehicles used in conjunction
with the principal use.
c.
Off-street parking and loading areas accessory to the principal
use.
d.
Dish antennas, ground and building mounted, limited to 24 inches
in diameter and not visible from street view.
(3)
Setback: Same as for principal structure.
(4)
Proximity to principal building: No closer than 10 feet.
(5)
Maximum floor area: As approved by site plan and architectural
review.
(6)
Maximum number: As approved by site plan and architectural review.
(7)
Total coverage of all accessory structures: Not more than 20%
of rear yard area.
(8)
Satellite dish antennas. In addition to the requirements listed
above, satellite dish antennas are subject to the following:
a.
Multiple satellite dishes are permitted subject to proper screening
from visibility from street view.
b.
Satellite dish antennas shall be located no closer than five
feet to any alley lot line.
c.
Satellite dish antennas shall be constructed and anchored in
such a manner to withstand winds of 80 miles per hour, shall be made
of corrosive-resistant materials, and must not interfere with reception
on adjacent properties.
d.
No advertising shall be displayed on a satellite dish antenna
except for a nameplate, no more than one square foot in area, displaying
the name and address of the manufacturer, distributor and/or retailer.
[Ord. No. 931, § II(Exh.
B), 6-20-2017]
(a)
Intent. The intent of this Village center overlay zoning district
is to establish uniform zoning standards to accommodate pedestrian
oriented retail businesses and other uses located in a multi-purpose
environment within the center of the Village of Mukwonago; that recognizes
the unique character of platting, land use and development within
the Village center; and that necessitates specialized standards to
sustain a unique place. This overlay district is further intended
to supersede standards of the base zoning district that allows an
intensively developed, compact area consisting primarily of retail
businesses with multi-purpose development where appropriate and maintains
the surrounding residential neighborhood supporting the unique Village
center.
(b)
Boundary of Village center overlay zoning district. The standards of Village center overlay zoning district within this § 100-153 shall apply to and include properties as shown on the map marketed as "Exhibit 1" on file in the office of the Village Clerk, with the following general boundaries:
(c)
Scope of regulations. The provisions of this § 100-153 shall be in effect on a property or properties within the boundary of the Village center overlay zoning district under any of following conditions:
(1)
Change in use. When the existing use of any building, structure or land is changed to a new permitted use or conditional use in accordance with § 100-153(f), all provisions of this § 100-158 shall apply to the new use. In a building or structure with multiple uses or tenants, the new use shall conform to § 100-153(f) without impacting any existing business or businesses existing in the same building or structure. If any existing use not allowed as a permitted use or conditional use by § 100-153(f) located in the same building or structure with a new use as of June 29, 2017, the existing use may continue as a non-conforming use until the use vacates the building or structure.
(2)
Enlargement of use. The provisions of this § 100-158 shall apply when the intensity of use of any building, structure, or land is increased through additional floor area, seating capacity or additional residential dwelling units. However, buildings and structures with a use currently existing and permitted in the base zoning district as of June 29, 2017 that is not allowed as a permitted use or conditional use by § 100-153(f) may be allowed to enlarge in accordance with the bulk standards of this § 100-153(g), and the non-conforming use may remain. Any new use occupying the enlargement shall conform to all standards of this § 100-153.
(3)
New construction. The provisions of this § 100-153 shall apply to all buildings and structures erected and all uses of land (including the construction of new parking and loading facilities) established after June 29, 2017.
(4)
Pre-existing residential uses. Buildings and structures with residential as the primary use existing at the time of adoption of this § 100-153 within the B-1, B-2 or M-1 base zoning district, and located within the boundary of this overlay district, may continue in a residential use and shall be allowed to make building and property improvements to maintain proper habitation.
(5)
Benefit of property ownership. Any property owner may select to comply with this § 100-153 at any time, regardless of the other scope of regulations of this § 100-153(c).
(6)
Application of M-1 or M-2 zoning within the multi-purpose perimeter
sub-district. Properties with the base zoning district of M-1 or M-2
within the multi-purpose perimeter sub-district shall request and
receive a zoning district boundary change to either the B-1 or B-2
zoning district before any enlargement of use or new construction.
The use or uses shall be subject to B-1 or B-2 standards with the
optional standards of this Village center overlay zoning district.
(d)
Sub-districts of the Village center overlay zoning district. To achieve
the intent of the Village center overlay district and to recognize
the historic development pattern of the Village center with a core
of retail establishments, sub-districts are created as shown on Exhibit
A; on file in the office of the Village Clerk. The sub-districts of
the Village center overlay district are as follows:
(e)
Purpose of the Sub-Districts. Administration of the allowable uses, performance standards and bulk standards of this § 100-153 shall be based on the following purpose statements of each sub-district in addition to the overall intent statement of the Village center overlay zoning district.
(1)
Retail center. It is the purpose of the retail center to create
street level activity by permitting a range of businesses on the ground
floor or first floor space of buildings facing the public street primarily
of retail character that sell or provide services directly to customers
on the premises or serves as a third-place establishment. Businesses
that do not create customer traffic are encouraged to locate within
the retail center on upper floors or the ground floor or first floor
space of buildings that do not face the public street. Nonetheless,
businesses without customer traffic may be allowed by approval of
the plan commission if the business adds significance to the Village
center; such as the business is an employment generator, the aesthetic
appeal of the business or the building in which the business is located,
or the existing floor plan of the building or tenant space is designed
for an office environment. Residential dwelling units are encouraged
on the upper floors of the retail center. Several buildings within
the retail center may be encouraged to remain to enhance the cultural
heritage of the Village while other buildings are encouraged to be
redeveloped or expanded. In addition, it is the purpose of the retail
center to preserve the two buildings listed on the National Register
of Historic Places, and to promote the cultural heritage of the Village
of Mukwonago by maintaining buildings and uses that have been and
will continue to be important elements within the Village center.
(2)
Multi-purpose perimeter. It is the purpose of the multi-purpose
perimeter to create a mixture of business uses (such as retail, third-places,
office services and corporate offices) combined with residential at
higher densities than allowed elsewhere in the Village creating a
consistent activity level and a market for the retail center and the
multi-purpose perimeter. Facing the major traffic corridors of Rochester
Street and Main Street, businesses located on the ground floor or
first floor of buildings shall meet the same criteria as the retail
center with the purpose of creating street level activity; except
by approval of the plan commission if the business adds significance
to the Village center; such as the business is an employment generator,
the aesthetic appeal of the business or the building in which the
business is located, or the existing floor plan of the building or
tenant space is designed for an office environment. Several buildings
within the multi-purpose perimeter may be encouraged to remain to
enhance the cultural heritage of the Village while other properties
are encouraged to be redeveloped or expanded. Conversion of existing
homes to low intensity business uses is encouraged (such as professional
offices and bed and breakfast establishments).
(3)
Residential perimeter. It is the purpose of the residential
perimeter to preserve and protect the important residential areas
surrounding the business center of the Village by identifying the
Pearl and Grand Avenue Historic District and allowing homes to be
maintained and improved that otherwise are non-conforming pursuant
to the required setbacks of the base zoning districts.
(f)
Allowable uses within sub-districts. The standards within this § 100-153(f) shall apply to uses allowed as permitted uses or conditional uses per sub-district of the Village center overlay zoning district, as permitted uses and conditional uses are administered in this Chapter 100. Uses specifically prohibited per sub-district are listed as not permitted.
(1)
General list of allowable or not permitted uses. The following general categories of uses are allowed per sub-district as permitted uses or conditional uses, or not permitted, within the criteria and performance standards of this § 100-153(f). When a question arises if a use conforms to this § 100-153(f)(1), please see the specific list of § 100-153(f)(2).
|
Sub-Districts
| |||
|---|---|---|---|
|
Type of Use (See § 100-153(d) for description)
|
Retail Center
|
Multi-Purpose Perimeter
|
Residential Perimeter
|
|
Business with on-site customers; ground floor or 1st floor use
facing street
|
Permitted
|
Permitted
|
Not Permitted
|
|
Business with on-site customers; ground floor or 1st floor use
not facing street
|
Permitted
|
Permitted
|
Not Permitted
|
|
Business with on-site customers; upper floor use above 1st floor
|
Permitted
|
Permitted
|
Not Permitted
|
|
Business without on-site customers; ground floor or 1st floor
use facing street
|
Not Permitted; except as allowed by Plan Commission per criteria of § 100-153(e)(1)
|
Not Permitted facing Rochester Street or Main Street; Permitted
Elsewhere
|
Not Permitted
|
|
Business without on-site customers; ground floor or 1st floor
use not facing street
|
Permitted
|
Permitted
|
Not Permitted
|
|
Business without on-site customers; upper floor use above 1st
floor
|
Permitted
|
Permitted
|
Not Permitted
|
|
Residential; ground floor or 1st floor facing street
|
Not Permitted
|
Permitted
|
As Allowed for either Single Family, Two-Family or Multi-Family
in the Base Zoning District*
|
|
Residential; ground floor and 1st floor not facing street
|
Conditional Use; including on-site parsonage for rector of church
or religious institution
|
Permitted
|
As Allowed for Single Family, Two-Family or Multi-Family in
the Base Zoning District*
|
|
Residential; upper floor above 1st floor
|
Permitted
|
Permitted
|
As Allowed for Single Family, Two-Family or Multi-Family in
the Base Zoning District*
|
|
NOTES:
| |
|---|---|
|
*
|
Single family, two-family or multi-family shall be allowed as
a permitted use or conditional use, or not permitted, in accordance
with the allowable uses of the base zoning district. Any new single
family residential construction; any new two-family residential construction
or conversion of a single family residence to a two-family structure
shall require a minimum lot size of 8,712 square feet. Any new multi-family
structure construction or conversion of a single family or two-family
residence to a multi-family structure shall require a minimum lot
size of 18,000 square feet.
|
(2)
Specific list of allowable or not permitted uses. The following is a list of specific uses allowed either as a permitted use or a conditional use, or not permitted, within the sub-districts of the Village center overlay district. The purpose of this list [is] to clarify when a specific use is deemed appropriate or not appropriate to comply with the general list of allowable or not permitted uses, the intent of this § 100-153 and the purposes of the sub-districts. Furthermore, any permitted use or conditional use listed below shall conform to standards of § 100-153(f)(1) and (4) for a business location within a building with or without on-site customers except with plan commission approval pursuant to the criterial of § 100-153(e)(1) and (2), or residential shall conform to standards of § 100-153(f)(1) and (5) for location within a building.
|
Sub-Districts
| |||
|---|---|---|---|
|
Type of Use
|
Retail Center
|
Multi-Purpose Perimeter
|
Residential Perimeter
|
|
Adult Family Home*
|
Not Permitted
|
Permitted in Residential
|
Permitted
|
|
Animal (small) Boarding
|
Not Permitted
|
Conditional Use
|
Not Permitted
|
|
Animal/Veterinary (small) Clinic
|
Not Permitted
|
Conditional Use
|
Not Permitted
|
|
Animal (small) Grooming
|
Not Permitted
|
Permitted
|
Not Permitted
|
|
Bed and Breakfast
|
Not Permitted
|
Permitted
|
Conditional Use
|
|
Business/Office Use
|
Permitted
|
Permitted
|
Not Permitted
|
|
Car Wash
|
Not Permitted
|
Not Permitted
|
Not Permitted
|
|
Church or Religious Institution
|
Permitted
|
Not Permitted
|
Not Permitted, except existing may continue as Permitted
|
|
Community Living Arrangement, eight or fewer persons*
|
Not Permitted
|
Permitted in Residential
|
Permitted
|
|
Community Living Arrangement, nine or more persons*
|
Not Permitted
|
Conditional Use in Residential
|
Conditional Use
|
|
Contractor
|
Not Permitted
|
Conditional Use
|
Not Permitted
|
|
Clubs and Lodges
|
Not Permitted
|
Permitted
|
Not Permitted
|
|
Cultural Institution
|
Conditional Use
|
Permitted
|
Permitted
|
|
Day Care
|
Not Permitted
|
Conditional Use
|
Not Permitted
|
|
Drive-thru Facility, accessory to a principal use
|
Conditional Use
|
Conditional Use
|
Not Permitted
|
|
Family Daycare Home*
|
Not Permitted
|
Permitted in Residential
|
Permitted
|
|
Foster Home and Treatment Foster Home*
|
Not Permitted
|
Permitted in Residential
|
Permitted
|
|
Funeral Home
|
Not Permitted
|
Conditional Use
|
Not Permitted
|
|
Government Office
|
Permitted, Upper Floors or Not Facing Street
|
Permitted
|
Not Permitted
|
|
Health Clinic
|
Permitted
|
Permitted
|
Not Permitted
|
|
Home Occupation*
|
Permitted in Residential
|
Permitted in Residential
|
Permitted
|
|
Household Appliance Repair, if accessory to a principal use
|
Permitted
|
Permitted
|
Not Permitted
|
|
Hotel
|
Permitted
|
Permitted
|
Not Permitted
|
|
Medical Office
|
Permitted
|
Permitted
|
Not Permitted
|
|
Motor Fuel Dispensing Station
|
Conditional Use
|
Conditional Use
|
Not Permitted
|
|
Laundromat
|
Not Permitted
|
Permitted
|
Not Permitted
|
|
Outdoor Seating with Food or Drink Service
|
Conditional Use
|
Conditional Use
|
Not Permitted
|
|
Professional Home Office*
|
Permitted in Residential
|
Permitted in Residential
|
Permitted
|
|
Public Museum
|
Permitted
|
Permitted
|
Not Permitted
|
|
Second Hand Store/Antique Shops
|
Conditional Use
|
Permitted
|
Not Permitted
|
|
Seasonal Market
|
Permitted
|
Permitted
|
Not Permitted
|
|
Schools (K-12 public, parochial or private)
|
Not Permitted
|
Not Permitted
|
Not Permitted
|
|
Schools** (Specialty or Technical)
|
Permitted, Upper Floors or Not Facing Street
|
Permitted, Upper Floors or Not Facing Street
|
Not Permitted
|
|
Social Service Agency
|
Permitted Upper Floors Only
|
Permitted
|
Not Permitted
|
|
Temporary Uses (see standards below)
|
Permitted
|
Permitted
|
Not Permitted
|
|
Theater (movie or live entertainment), Indoor
|
Conditional Use
|
Permitted
|
Not Permitted
|
|
NOTES:
| |
|---|---|
|
*
|
Pursuant to compliance with the detailed standards for the use as stated in the Base Zoning District or the general standards of Chapter 100.
|
|
**
|
Except Schools with students arriving and leaving on a regular
basis to provide constant store front activity shall be permitted
on ground floor or 1st floor facing street with approval of the plan
commission.
|
(3)
Prohibited uses. The following list of uses are specifically
prohibited within any sub-district of the Village center overlay zoning
district: automobile and other vehicle sales; automobile and other
vehicle repair; adult cabaret; adult entertainment; adult book, magazine
or video sales or rentals; tool rental facility and any use selling
or providing an illegal product or service.
(4)
Performance standards for allowed uses. All uses allowed as
either a permitted use or a conditional use within the subdistricts
of the Village center overlay district shall comply with the following
performance standards.
a.
A business with on-site customers means an enterprise, company,
firm or organization engaged in the sale of new products and/or rendering
services directly to the public and/or customers at the location of
the business within the Village center. A business with on-site customers
shall have regular and consistent hours of operation open to the public
in relation to other Village center businesses, with the objective
of attracting customers within the hours of 9:00 a.m. to Midnight,
which provides the Village center with consistent street level pedestrian
and traffic activity. Common terms for a business under this category
may include retail or commercial establishment, a business office,
general service, health care, and accommodation, food service or drinking
establishments. Third-place businesses are encouraged that provide
an alternate to community citizens beyond home and employment to congregate,
meet and enjoy the presence of friends and other members of the community.
Examples of third-place businesses include a restaurant with a bar,
a craft store that holds classes teaching knitting or scrap booking,
or a hobby store that holds classes teaching model railroading.
b.
A business without on-site customers means an enterprise, company,
firm or organization engaged in the sale of new products and/or rendering
services to the public off-site away from the location of the business
within the Village center, and may have customers at the location
of the business within the Village center. A business without on-site
customers shall have regular and consistent hours of operation at
the location of the business in relation to other Village center businesses
without on-site customers. Common terms for a business under this
category may include a business office, office research, general service,
health care and social assistance. Nonetheless, businesses without
customer traffic may be allowed by approval of the plan commission
if the business adds significance to the Village center; such as the
business is an employment generator, the aesthetic appeal of the business
or the building in which the business is located, or the existing
floor plan of the building or tenant space is designed for an office
environment.
c.
A ground floor or 1st floor use facing street means a use with
an exterior building wall side facing or along a public right-of-way,
which is partially or fully below street level or is at street level.
d.
A ground floor or 1st floor use not facing a street means a
use without any exterior building wall side facing or along a public
right-of-way. If a use only has an entrance facing or along a public
right-of-way, with the entrance leading to the use via a corridor
or stairwell, the use is considered a ground floor or 1st floor use
not facing a street.
e.
An upper floor use means any use located within a building above
the 1st floor with accessibility via a stairwell or elevator.
f.
Wholesaling or jobbing shall be permitted only where retailing
is the primary use of the premises. The manufacture, assembly, processing
or packaging of goods shall be permitted only when accessory to a
permitted use or conditional use. All goods produced on the premises
shall be sold at retail on the premises.
g.
All business, servicing, storage and display of goods shall
be conducted within completely enclosed buildings. The following activities
and uses are exempt from this requirement.
1.
Accessory off-street parking and loading.
2.
Outdoor seating provided by a restaurant, or any other eating
or drinking establishment. Any outdoor seating requires a conditional
use.
3.
Any unified special community event that encourages outside
display of goods, not to exceed three consecutive days.
h.
Uses that meet the criteria for permitted uses within this § 100-518(d)
shall be approved by the Zoning Administrator. The plan commission
shall have the final authority if there is any question if a use meets
the criteria for a permitted use.
i.
Any use forwarded to the plan commission for final determination
may be remanded by the plan commission for conditional use consideration
if deemed the proposed use requires addition review via a public hearing
before final consideration.
(5)
Performance standards for a temporary use. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal use within an enclosed building when such activities are desirable and beneficial for the community for limited periods of time. Examples of a temporary use include a health clinic and temporary inoculation center, seasonal sales or display, and use of a temporarily vacant business space for a short term use such as an art gallery or seasonal sales of decorations. Allowance of temporary uses does not supersede regulations pertaining to specific temporary uses included in other code sections of Chapter 100, or other building and health and safety codes. No construction activity or building alterations shall occur to facilitate the temporary use. The Zoning Administrator may take actions to cease operation of any temporary use that does not conform to the standards of this paragraph.
(6)
Performance standards for residential. Residential allowed as
a permitted use or a conditional use within the sub-districts of the
Village center overlay zoning district, shall comply with the following
performance standards. Residential shall mean an single family building,
an individual dwelling unit or group of dwelling units within a mixed
use building with business as the main ground floor or 1st floor use,
or within a building primarily designed for multi-family residential.
a.
Within the retail center and multi-purpose perimeter sub-districts,
there shall not be any limitation on the number of residential dwelling
units within a building or on a property, subject to compliance with
permitted use or conditional use criteria, minimum living area standards,
bulk regulations and parking regulations of this § 100-513.
b.
Residential within the retail center sub-district shall be located
only within a building having permitted business space.
c.
Residential shall conform to all other applicable State of Wisconsin
and Village codes for residential construction and public safety.
d.
Within the retail center sub-district, a church or religious
institution shall be limited to one dwelling unit for an on-site parsonage
for rector and rector's family of a church or religious institution.
Rector means the spiritual leader of a church or religious institution.
e.
Within the retail center, institutional center or multi-purpose
perimeter sub-districts, each residential dwelling unit shall have
a minimum living area of 750 square feet for a one-bedroom or efficiency
unit, or a minimum of 950 square feet for a two-bedroom unit or more
than two-bedroom unit. Any studio apartment residence at a minimum
living area of 600 square feet shall require a conditional use.
f.
Within the residential perimeter sub-district, the number of
residential dwelling units within a building or on a property shall
be subject to the regulations of the base zoning district for single
family, two-family or multi-family, whichever applies.
g.
A Secondary suite is allowed in a single family dwelling within the residential perimeter sub-district as defined in this Chapter 100 and allowed in accordance to the standards of the base zoning district.
h.
The location of residential within a building shall conform to the descriptions of § 100-153(f)(4), (c), (d) and (e) in regards to ground floor or 1st floor use facing or not facing a street, or upper floor use.
(g)
Bulk regulations.
(1)
Bulk regulations for lot area requirements, building setbacks
and building size per sub-district within the Village center overlay
zoning district are as follows:
|
Retail Center
|
Multi-Purpose Perimeter
|
Residential Perimeter
| |
|---|---|---|---|
|
Lot Area Requirements
| |||
|
Minimum Lot Area
|
None, except sufficient size required for the allowable building
|
None, except sufficient size required for the allowable building
|
8,712 square feet for Single Family and Two-Family, 18,000 for
Multi-Family*
|
|
Minimum Lot Width
|
None, except each lot shall have sufficient frontage along a
public street
|
None, except each lot shall have sufficient frontage along a
public street
|
66 feet, except wider lot may be required if multi-family allowed
|
|
Minimum Lot Dimensions
|
None
|
None
|
None
|
|
Maximum Lot Coverage, Buildings Only
|
100%, except as listed below
|
100%, except as listed below
|
50%
|
|
Minimum Green Space
|
None, except as listed below**
|
None, except as listed below**
|
30%
|
|
Building Setbacks
| |||
|
Minimum Street Yard****
|
None, except as listed in (2) below
|
None, except as listed in (2) below
|
Existing Condition or requirement of the Base Zoning District,
whichever is less***
|
|
Minimum Interior Yard
|
None, except as listed in (2) below
|
None, except as listed in (2) below
|
Existing Condition or requirement of the Base Zoning District,
whichever is less***
|
|
Minimum Rear Yard
|
None, except as listed in (2) below
|
None, except as listed in (2) below
|
Existing Condition or requirement of the Base Zoning District,
whichever is less***
|
|
Building Size
| |||
|
Maximum Height
|
3 stories or 35 feet
|
3 stories or 35 feet
|
30 feet
|
|
Minimum Height
|
2 stories
|
2 stories
|
None
|
|
Minimum Floor Area of Principal Building
|
1,200 square feet or larger to be proportionate to lot size
|
2,000 square feet or larger to be proportionate to lot size
|
As required by Base Zoning District
|
|
NOTES:
| |
|---|---|
|
*
|
See § 100-153(f)(1) for additional standard of when single-family, two-family and multi-family are allowed, and additional minimum lot size standards if allowed, in the residential perimeter.
|
|
**
|
Green space exceptions: May be required for storm water management
or parking lot or as required under site plan review.
|
|
***
|
Existing condition means the building setbacks for the principal structure on the property existing at the time of the adoption of this § 100-153. Furthermore, an addition to a principal structure or a new principal structure replacing a prior principal structure shall not be located closer than 10 feet from another structure (principal or accessory), and shall not constructed on or across a property line.
|
|
****
|
The maximum street yard setback, also known as the build-to
line, shall be the average street setback of buildings on the same
block between two intersecting streets, or an intersecting street
and the edge of the sub-district. When there are not any existing
buildings within the same block, or when an excessive street setback
of an existing building on the same block creates an average setback
that is inconsistent with the intent of this Village center overlay
zoning district to create minimal street setbacks, the plan commission
shall establish a build-to line pursuant to the intent of creating
street level activity. Expanded or renovated existing buildings that
do not conform to the maximum street yard setback may nonetheless
be allowed to be expanded or renovated.
|
(2)
The exceptions to the standards of § 100-153(g)(1) minimum yard requirements (setbacks) for a building or structure are:
a.
The first story of a building on a corner lot shall not project
beyond a straight line drawn between two points on the right-of-way
lines adjoining the property, which points are five feet from the
intersection of the two right-of-way lines.
b.
New construction or additions that abut a building or structure
on a neighboring property with no side or rear setback, the property
owner shall provide written approval from the neighboring property
owner to abut the two buildings or structures. If written approval
is not provided, the minimum side setback shall be 10 feet.
c.
The minimum interior yard setback for new construction or an
addition shall be 10 feet on the interior side of a property that
is adjacent to a single-family or two-family property either within
or outside of the Village center overlay zoning district.
d.
The minimum rear yard setback for new construction or an addition
shall be 25 feet on a property that is adjacent to a single-family
or two-family property either within or outside of the Village center
overlay zoning district.
e.
When there are no required setbacks, new construction or an
addition shall not extend into a public right-of-way or a neighboring
property, even if the existing building on the property encroaches
the public right-of-way or a neighboring property line.
(3)
Exceptions to the standards of § 100-153(f)(1) for setbacks and minimum green space may be required by the plan commission during site plan review to comply with storm water management requirements, to add landscaping to parking lots, to add pedestrian friendly or outdoor public spaces, or to improve overall aesthetics of the property and the Village center. Exceptions may include increasing or decreasing the standards.
(4)
Accessory structures within the Village center overlay zoning
district shall conform to the bulk standards as established in the
base zoning district.
(h)
Performance standards for new construction, additions, conversions,
exterior remodels or demolitions. The following performance standards
shall apply to new construction, additions, exterior remodels or demolitions
within the Village center overlay zoning district.
(1)
Any new construction or addition on a property 0.5 acre or more
in size shall be developed under a single development plan with a
unified architectural scheme and site plan, to include building facades,
street furniture and pedestrian circulation.
(2)
Site plan and architectural approval by the plan commission is required for new construction, additions or conversions pursuant to the procedures of § 100-601. Architectural approval by the plan commission is required for exterior remodels, pursuant to the procedures of § 100-601. Single-family and two-family buildings within the residential perimeter sub-district are exempt from this review requirement. Site plan and architectural approval shall be part of conditional use review if a use requires a conditional use.
(3)
Architectural design and exterior building materials and colors
of new construction, additions or exterior remodels shall conform
to the requirements of the base zoning district. However, the plan
commission may adopt architectural design guidelines to further implement
the intent and purposes of the Village center overlay zoning district
and its sub-districts, which may be amended from time to time.
(4)
Historical review shall be part of site plan and/or architectural approval, or approval or denial of demolitions, pursuant to Article III of this Chapter 100. Buildings within the Pearl and Grand Avenue Historic District and other buildings listed on the National Register of Historic Places, as shown on the official map on file in the office of the Village Clerk, shall be preserved. The plan commission may adopt additional guidelines for historic review and preservation of buildings or uses of local historic significance to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.
(5)
The demolition of any principal building, or an accessory building
over 200 square feet, within the Village center overlay zoning district
shall be approved by the plan commission prior to demolition. The
plan commission shall establish findings of fact in determining approval
or denial of a demolition. Approved demolitions shall conform to the
following standards.
a.
The building or land does not have national, statewide or local
historical significance; and there is not a stated public purpose
or interest in the land or building to be protected.
b.
The building or land does not have any historic or architectural
relationship to the historic value of the surrounding area.
c.
The public necessity of the demolition is present and the public
benefit of the proposed new construction or land use in replacement
of the demolished building supports the intent and purposes of the
Village center overlay zoning district and its sub-districts.
d.
The age, life expectancy or condition of the building or positioning
of the building on the property prohibits successful renovation to
comply with other standards of the Village center overlay zoning district.
|
A proposed building demolition that does not meet the above
standards shall be denied unless the plan commission finds that demolition
provides a public benefit of improvement of land use and aesthetics
of the Village. Any move or relocation of a building within the Village
center overlay zoning district shall follow the review process and
standards as established for demolitions. Any relocation of a building
to a property within the Village center overlay zoning district shall
require site plan and architectural review by the plan commission.
|
(6)
The use of green roofs is strongly encouraged with new construction
or additions.
(7)
The creation of pedestrian connections within and surrounding
the property to other pedestrian paths is encouraged with new construction
or additions. Creative site planning of including public spaces and
orienting the building, parking, public spaces, pedestrian connections,
and so on, to fit in and improve to surrounding conditions is strongly
encouraged.
(8)
Design standards for mechanical equipment and refuse enclosures
shall conform to the requirements of the base zoning district. However,
the plan commission may adopt mechanical and refuse enclosure standards
as part of architectural design guidelines to further implement the
intent and purposes of the Village center overlay zoning district
and its sub-districts, which may be amended from time to time.
(9)
Exterior lighting fixtures shall be designed or shaded so as to avoid casting direct light or glare toward surrounding properties or streets, and shall conform to the lighting standards of § 100-601. However, the plan commission may exterior lighting standards as part of architectural design guidelines to further implement the intent and purposes of the Village center overlay zoning district and its sub-districts, which may be amended from time to time.
(10)
Landscaping standards shall conform to the requirements of the
base zoning district. However, the plan commission may adopt landscaping
guidelines to implement the intent and purposes of the Village center
overlay zoning district and its sub-districts. The plan commission
may waive the landscaping requirements or guidelines when there is
not any suitable space on the site to install landscaping, or if the
installation of landscaping compromises visibility of pedestrians
and/or vehicles.
(11)
Conversions mean the change of use of an existing building from
a single family residential use to a permitted or conditional use
allowed within the sub-district, or adding residential dwelling units
to an existing building if allowed as a permitted or conditional use
within the Retail Center or Mixed Use Perimeter sub-districts. An
example of a conversion is the change of a single family building
within the Mixed Use Perimeter to an office, or the change of an upper
floor office space within the Retail Center to residential dwelling
units.
(i)
Parking Standards. The standards for vehicle parking within the Village center overlay zoning district are as follows. For most small businesses the providing of on-site parking is not required, and on-street and off-street parking is the responsibility of the Village of Mukwonago. Businesses that are required to provide on-site parking shall do in accordance to the standards of Article V of this Chapter 100. Shared parking agreements allowed in § 100-153(h) may supplement the requirements of this § 100-153(g).
(1)
Accessory off-street parking is not required for a building
with less than 2,500 square feet of gross leasable floor space designed
for a business or businesses within the retail center or multi-purpose
perimeter sub-districts or if the business or use would be required
to provide 10 or less parking spaces if the business or use were not
located within the retail center or multi-purpose perimeter sub-districts.
Any business approved as a conditional use may be required to provide
accessory off-street parking if the plan commission finds that the
parking demand of the use is greater than would needed if a permitted
use occupied the business space.
(2)
Accessory off-street parking is required for any building with a gross leasable floor space of 2,500 square feet or larger designed for a business or businesses within the retail center or multi-purpose perimeter sub-districts or if a high capacity business or use would be required to provide more than 10 parking spaces if the business or use were not located within the retail center or multi-purpose perimeter sub-districts. In a multi-purpose building designed for both business and residential, the residential square footage does not count toward the gross leasable space of 5,000 square feet or larger. If above 2,500 square feet, accessory off-street parking is required for any use within the residential perimeter sub-district in conformance with the standards of Article V of this Chapter 100.
(3)
One accessory off-street parking space is required per bedroom in each residential dwelling unit within the retail center and multi-purpose perimeter sub-districts. A bedroom is any living space not considered a living room, kitchen, bathroom or dining room, for the purpose of this § 100-153.
(5)
Conversions of an existing residential structure to a permitted
use or conditional use within the multi-purpose perimeter may retain
the existing driveway as parking spaces for the new use.
(6)
For uses within the retail center or multi-purpose perimeter sub-districts of the Village center overlay zoning district that require off-street parking, or if off-street parking is voluntarily provided, off-street parking facilities design shall comply with all requirements of Article V of this Chapter 100, except as provided below:
a.
For business off-street parking, a minimum of four spaces shall
be provided, including at least one handicapped parking space.
b.
For residential off-street parking, a parking requirement of
four or more spaces shall include at least one handicapped parking
space.
c.
A minimum setback of three feet shall be provided between the
edge of parking lot paving and/or curb and the property line.
d.
The parking lot shall be paved with a dust free surface. The
use of curb and gutter to outline the parking area is encouraged.
e.
The plan commission as part of site plan review may reduce the
parking lot aisle width and parking stall size (except handicapped
parking spaces) to match existing parking lot sizes or to fit parking
into a confined space on a property, without reducing public safety
and the ability of proper movements of vehicles and emergency vehicles.
f.
The plan commission as part of site plan review may waive the
parking lot aisle width and parking stall size when an existing driveway
is utilized as parking for a residential to business conversion.
g.
The addition of internal and external parking lot landscaping
is encouraged.
h.
The design of accessory off-street parking shall include safe
pedestrian routes within and to and from the parking lot.
(j)
Shared parking. When accessory off-street parking is required or
voluntarily provided within the Village center overlay zoning district,
the utilization of shared parking between uses and properties is encouraged
in accordance with the following standards.
(1)
Any use required to provide accessory off-street parking may
reduce its parking requirement by up to 75% if an equivalent number
of spaces to the amount being reduced are located within 500 feet
of the property of the use, and shall be subject to a shared parking
agreement. The shared parking may be the parking of any other use
inside or outside of the Village center overlay zoning district.
(2)
Credit for parking spaces which are the subject to a shared
parking agreement shall be applicable only when the parties to the
agreement are property owners whose property uses have parking demands
which are inconsistent with each other (i.e. daytime v. evening, weekdays
v. Saturday and/or Sunday). The total off-street parking requirements
of the parties of the shared parking agreement may exceed the total
number of off-street parking spaces available. The shared parking
agreement may extend beyond two property owners.
(3)
The shared parking agreement shall be subject to the reasonable
approval of the Village Board, pursuant to the recommendation of the
plan commission, and the following conditions are met:
a.
The agreement shall be signed by the owners of properties, and
if necessary owners of the uses, included in the agreement.
b.
Termination shall require written notice to the non-terminating
party or parties and the Village Clerk.
c.
Termination shall not become effective sooner than six months
following the date of the written termination notice.
(k)
Administration. Administration of this § 100-153 shall be guided by the following terms and conditions.
(1)
The base zoning district is the primary zoning district that applies to a property. Every property within the Village center has a base zoning district that establishes the primary type and intensity of land use for the property, along with development regulations of this Chapter 100 for that particular type and intensity of land use for the property. The standards within this § 100-153 apply to all properties of the Village center overlay zoning district in lieu of the type and intensity of land use and the development regulations of the base zoning district. If situations arise of the type and intensity of land use and with property maintenance that are not addressed within the standards of the Village center overlay zoning district, development regulations of the base zoning district and this Chapter 100 shall apply. However, any aspect of the development regulations of the base zoning district or Chapter 100 not addressed in the Village center overlay zoning district may conflict with and restrict a new use, redevelopment or new development that otherwise meets the intent of, is permitted in, and conforms to other standards of the Village center overlay zoning district. When a conflict in regulation is identified, upon finding that the intent of the Village center overlay zoning district is maintained, the plan commission may waive the conflicting regulation or establish alternative criteria for the new use, redevelopment or new development to adhere to.
(2)
The bulk standards of lot size and lot width and/or frontage of § 100-153(g) supersede any similar requirement of Chapter 45, land division, of this Code.
(3)
Including standards elsewhere within this § 100-153 addressing nonconforming uses, the following shall apply to nonconforming uses.
a.
Any businesses currently existing and permitted in the base zoning district as of June 29, 2017 that may not be allowed as a permitted use or a conditional use within the sub-district of this Village center overlay zoning district may nonetheless continue within the existing space, and shall be allowed to continue to improve the business, such as facade improvements and change of and use of signs in compliance with Chapter 64. However, the floor space of a nonconforming business shall not be expanded. If the business vacates the floor space, or if an existing business changes its business model, the new business occupying the floor space shall be either a permitted use or a conditional use with the sub-district.
b.
A building with a use or uses that may not be allowed as a permitted
use or a conditional use within the sub-district of this Village center
overlay zoning district may nonetheless expand without changing the
nonconforming use or uses. However, occupancy of the expansion must
be a permitted use or a conditional use within the sub-district. An
example of this occurrence is if a building in the retail center sub-district
is expanded or remodeled on the upper floors to add residential dwelling
units. In that case, any nonconforming 1st floor business use may
remain.
c.
A building with a use or uses that may not be allowed as a permitted
use or a conditional use within the sub-district of this Village center
overlay zoning district may nonetheless complete facade improvements
without changing the nonconforming use or uses.
(4)
The terms existing use, existing condition or similar term means the property use or uses, building, or conditions that existed at the time of adoption of this § 100-153.
(6)
The Zoning Administrator shall be responsible for administration of this § 100-153, along with the plan commission when site plan or architectural plan approval are required. The Zoning Administrator may refer any matter pertaining to the interpretation of any standard this § 100-513 to the plan commission for advice or recommendation.
[Ord. No. 698, § IV, 1-21-2003; Ord. No. 710, § III, 5-20-2003; Ord. No. 930, § I(Exh. A), 6-20-2017]
(a)
Intent. The B-3 Community Business District is intended to provide
for the development in appropriate locations of larger commercial
services consisting primarily of retail stores, shops, offices, and
individual service establishments catering to the daily needs of businesses
and residents of the Village of Mukwonago, along with senior care
facilities. Development and uses shall be compatible in character
with Village atmosphere. The following requirements are intended to
help carry out this intent:
[Amended 9-16-2020 by Ord. No. 984]
(1)
All business establishments shall be retail or service establishments
dealing directly with consumers.
(2)
All goods produced on the premises shall be sold on premises
where produced.
(3)
All business, servicing or processing, except for off-street
parking or loading, shall be conducted within a completely enclosed
building.
(4)
Senior care facilities should have 50 units or more.
(d)
Quantitative standards for non-satellite lot development in B-3.
|
Category
|
Standard
|
|---|---|
|
Minimum Lot Area
|
40,000 square feet
|
|
Minimum Lot Width
|
150 feet
|
|
Maximum Building Coverage on Lot — Principle Buildings
Only
|
35% of total lot size, not including any public right-of-way
|
|
Maximum Lot Coverage (all buildings and impervious surfaces)
|
75% of total lot size, not including any public right-of-way
|
|
Minimum Greenspace Perimeter*
|
15 foot perimeter on all sides
|
|
Minimum Building Setbacks
|
Street Yard: 25 feet
|
|
Interior Side Yard: 25 feet
| |
|
Rear Yard: 25 feet
| |
|
Maximum Building Height, principal building
|
2 stories to a maximum of 35 feet
|
|
Maximum Height, accessory building**
|
20 feet
|
|
Minimum Floor Area per Building
|
Total: 2,400 square feet
|
|
First floor of two-story buildings: 1,800 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
There shall be a minimum setback of 15 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100.
|
|
**
|
See §§ 100-154(k) and 100-453 for other accessory structure regulations.
|
(e)
Quantitative standards for satellite lot development in B-3.
|
Category
|
Standard
|
|---|---|
|
Minimum Lot Area
|
10,000 square feet
|
|
Minimum Lot Width
|
100 feet
|
|
Maximum Building Coverage on Lot — Principle Buildings
Only
|
35% of total lot size, not including any public right-of-way
|
|
Maximum Lot Coverage (all buildings and impervious surfaces)
|
80% of total lot size, not including any public right-of-way
|
|
Minimum Greenspace Perimeter*
|
10 foot perimeter on all sides
|
|
Minimum Building Setbacks
|
Street Yard: 10 feet
|
|
Interior Side Yard: 10 feet
| |
|
Rear Yard: 30 feet
| |
|
Maximum Building Height, principal building
|
1 story to a maximum of 25 feet
|
|
Maximum Height, accessory building
|
No accessory building permitted on satellite lot
|
|
Minimum Floor Area per Building
|
Total: 1,200 square feet
|
|
NOTES:
| |
|---|---|
|
*
|
There shall be a minimum setback of 10 feet from any property line to any building, structure, parking stall or drive aisle to form the minimum greenspace, except for a drive aisle for ingress/egress to the site and when there is cross access and shared parking between adjacent properties, as allowed by the parking standards of this Chapter 100.
|
(f)
Design standards.
(1)
General requirement. The architectural design of all buildings
shall be subject to plan commission approval.
(2)
Building materials and colors.
a.
Exterior building materials shall convey an impression of durability.
Materials such as masonry, stone, stucco, wood, glass, Dryvit, vinyl
and aluminum siding are permitted. Metal is not permitted. A minimum
of 25% of the gross area of street sides of buildings must be masonry.
b.
Exterior building colors shall be nonreflective, subtle, neutral,
or earth tone. The use of high intensity colors, metallic colors,
black, or fluorescent colors shall be prohibited. Building trim and
architectural accent elements may feature brighter colors, but such
colors shall be muted, not metallic, not fluorescent, and not specific
to particular uses or tenants. Standard corporate and trademark colors
shall be permitted only on sign face and copy areas.
c.
Four-sided architecture is required.
(4)
Mechanical units. All roof and wall-mounted mechanical, electrical,
communications, and service equipment, including satellite dishes
and vent pipes, must be screened from public view by parapets, walls,
or by other approved means.
(g)
Refuse storage.
(1)
Trash dumpsters shall be screened from public rights-of-way
and adjacent property by an enclosure with walls a minimum of six
feet in height. The walls shall be constructed of masonry compatible
with materials used on the street side of the principal building.
Access gates shall be constructed of woven wire fencing with opaque
screening material. It is preferred that a screened pedestrian entrance
be provided such that waste may be deposited without opening the large
access gates.
(2)
All garbage/waste shall be within an enclosure. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids.
(3)
Refuse storage areas may not be located on any street side of
any principal or accessory building except by prior plan commission
approval.
(4)
Refuse storage areas may be freestanding or attached to a principal
or accessory structure.
(5)
Refuse storage shall not be considered an accessory structure,
but shall be of a size to adequately store all refuse and recyclables
anticipated to be generated by use or uses on subject property.
(6)
The size, height, location, setbacks and design of the refuse
storage shall be approved by the plan commission.
(i)
(j)
General development requirements.
(1)
Landscaping. Landscaping plans are subject to plan commission
review and approval subject to the following minimum standards. Any
alteration to that plan shall be subject to further plan commission
review and approval.
a.
The minimum number of trees on a site shall be calculated based
on the street frontage; one tree is required for each 20 feet. For
lots with 100 feet or less of road frontage; a minimum of five trees
shall be planted or retained. A minimum of two trees are to be planted
or retained in each front yard and each street side yard.
b.
Deciduous trees shall be a minimum of 2 1/2 inch caliper
and evergreens a minimum of four feet at time of planting.
c.
Efforts to protect and retain existing trees should be noted
in the landscaping plan.
d.
It is expected that all landscaping shall be appropriately distributed
on the site. Additional plantings of trees (deciduous and evergreen),
ornamental trees and shrubs above the minimum required herein shall
be planted consistent with the aesthetic style of the site and building(s),
subject to the approval of the plan commission. Additional plantings
will be required for screening or buffering. Fencing and other landscaping
embellishments, such as benches, fountains, etc. shall be included
with the landscape plan submitted for approval.
e.
Landscaping shall not obstruct fire department view of external
fire alarms or access to the building.
f.
Landscaping shall be used to screen unsightly site elements,
such as refuse enclosures, utility boxes, building mechanical equipment
and service doors and loading docks.
g.
All trees shall be hardy, urban tolerant and disease resistant.
h.
The natural topography shall be used in the design and layout
of the site.
i.
All landscaping shall be completed within nine months following
issuance of any temporary occupancy permit. Within unified development
sites with multiple principal buildings, landscaping shall be completed
surrounding the building within nine months subject to the temporary
occupancy. Final occupancy permit shall not be issued until completion
of all landscaping for the subject site or building.
j.
All plantings must be maintained. If at any time, required trees
die, be damaged or destroyed, such trees must be replaced in the original
approximate location.
k.
Prior to issuance of any building permit for the subject property,
the plan commission may require a letter of credit be submitted to
the Village in a form acceptable to the Village Attorney. The letter
of credit shall be in the amount of the estimated cost of landscape
materials and installation, plus an additional 10% for Village administrative
costs (refundable if landscaping completed by applicant), with said
estimated cost verified by a representative of the Village. If landscaping
is installed in phases, the Village may reduce the letter of credit
to an amount of the remaining estimated cost. However, the Village
shall retain 25% of the original letter of credit amount for one full
year from the date of full landscape plan installation. Should landscaping
not be completed within nine months of occupancy, or if landscape
materials that do not survive one full growing season are not replaced,
the Village shall draw upon the letter of credit as funds to complete
or replace landscaping.
(k)
Accessory buildings, structures and uses.
(1)
Limitations:
a.
Accessory structures and uses are limited to those customarily
incidental to the approved principal use.
b.
No more than 20% of the total floor area (principal building
and accessory building gross floor area) shall be used for accessory
uses.
c.
Accessory buildings and structures may only be located in rear
yards, with the exception of those typically used for landscaping
and decorating such as flagpoles, ornamental light standards, lawn
furniture, sundials and birdbaths.
d.
No accessory building or structure shall be visible from the
principal street.
(2)
Permitted accessory buildings, structures and uses:
a.
Those customarily incidental to the principal use.
b.
Detached garages for storage of vehicles used in conjunction
with the principal use.
c.
Off-street parking and loading areas accessory to the principal
use.
d.
Dish antennas, ground and building mounted, limited to 24 inches
in diameter and not visible from street view.
(3)
Setback: Same as for principal structure.
(4)
Proximity to principal building: No closer than 10 feet.
(5)
Maximum floor area: As approved by site plan and architectural
review.
(6)
Maximum number: As approved by site plan and architectural review.
(7)
Total coverage of all accessory structures: Not more than 20%
of rear yard area.
(8)
Satellite dish antennas. In addition to the requirements listed
above, satellite dish antennas are subject to the following:
a.
Multiple satellite dishes are permitted subject to proper screening
from visibility from street view.
b.
Satellite dish antennas shall be located no closer than five
feet to any alley lot line.
c.
Satellite dish antennas shall be constructed and anchored in
such a manner to withstand winds of 80 miles per hour, shall be made
of corrosive-resistant materials, and must not interfere with reception
on adjacent properties.
d.
No advertising shall be displayed on a satellite dish antenna
except for a nameplate, no more than one square foot in area, displaying
the name and address of the manufacturer, distributor and/or retailer.
[Ord. No. 698, § V, 1-21-2003; Ord. No. 710, § III, 5-20-2003; Ord. No. 711, § I, 5-6-2003; Ord. No. 846, § I, 6-21-2011; Ord. No. 860, § 1, 10-16-2012; Ord. No. 891, § I, 1-20-2015; Ord. No. 926, § III, 4-18-2017]
(a)
Intent. The B-4 commercial business design district is intended to
enable the creation of large scale, well planned shopping and service
facilities serving the entire Mukwonago area. It is the intent here
to allow for various types of developments ranging from community
to regional shopping areas.
(b)
Permitted uses.
(2)
Existing residences in compliance with the provisions of R-3
single-family/duplex residential district.
(3)
Other uses similar to the previously referenced permitted use
list, subject to the approval of the Zoning Administrator, if the
use is not already listed as a conditional use or not allowed.
(e)
Satellite lot dimensional requirements.
(1)
Lot area requirements.
b.
Minimum lot size or confined leasable area: 1.5 acres (65,340
square feet).
c.
A satellite lot or lots shall be permitted when an integral
part of an unified commercial/retail center or business center of
not less than 10 acres in size and all controlled by a single developer's
agreement.
d.
All satellite lots in an unified commercial/retail center or
business center shall not exceed 30% of the total size of the commercial/retail
center or business center, including satellite lots, all controlled
by a single developer's agreement.
(2)
Setbacks.
a.
Minimum street yard setback (yard facing the public right-of-way
although access to the satellite lot may be internal through the center):
25 feet, per 25 feet of greenspace.
b.
Minimum interior side yard setback: 10 feet, per 10 feet of
greenspace.
c.
Minimum rear yard setback: 10 feet, per 10 feet of greenspace.
(f)
Design standards.
(1)
General requirement. The architectural design of all buildings
shall be subject to plan commission approval.
(2)
Building materials and colors.
a.
Exterior building materials shall convey an impression of durability.
Materials such as masonry, stone, stucco, glass, Dryvit and precast
walls are permitted. Metal, aluminum and vinyl siding are not allowed
as the primary exterior building material, but may be used for accents
with a maximum of 10% coverage. Metal may also be used for mansards.
Wood is not permitted.
b.
Exterior building colors shall be nonreflective, subtle, neutral,
or earth tone. The use of high intensity colors, metallic colors,
black, or fluorescent colors shall be prohibited. Building trim and
architectural accent elements may feature brighter colors, but such
colors shall be muted, not metallic, not fluorescent, and not specific
to particular uses or tenants. Standard corporate and trademark colors
shall be permitted only on sign face and copy areas.
(3)
Roofing materials and style. Roofing materials are at the discretion
of the plan commission.
(4)
Mechanical units. All roof and wall-mounted mechanical, electrical,
communications, and service equipment, including vent pipes, must
be screened from public view by parapets, walls, or by other approved
means.
(g)
Refuse storage.
(1)
Trash dumpsters shall be screened from public rights-of-way
and adjacent property by an enclosure with walls a minimum of six
feet in height. The walls shall be constructed of masonry compatible
with materials used on the street side of the principal building.
Access gates shall be constructed of woven wire fencing with opaque
screening material. It is preferred that a screened pedestrian entrance
be provided such that waste may be deposited without opening the large
access gates.
(2)
All garbage/waste shall be within an enclosure. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids.
(3)
Refuse storage areas may not be located on any street side of
any principal or accessory building except by prior plan commission
approval.
(4)
Refuse storage areas may be freestanding or attached to a principal
or accessory structure.
(5)
Refuse storage shall not be considered an accessory structure,
but shall be of a size to adequately store all refuse and recyclables
anticipated to be generated by use or uses on subject property.
(6)
The size, height, location, setbacks and design of the refuse
storage shall be approved by the plan commission.
(i)
Sidewalks, driveways, parking and loading.
(1)
Parking areas shall not encroach into required greenspace, nor
shall driveways or sidewalks, except to pass through this area as
close to 90° to the roadway as practical.
(2)
Sidewalks shall be reviewed by the plan commission.
(3)
Driveways shall be provided as set forth in § 100-403(a)(1) and § 100-404.
(j)
General development requirements.
(1)
Landscaping. Landscaping plans are subject to plan commission
review and approval. Any alteration to that plan shall be subject
to further plan commission review and approval.
a.
The minimum number of trees on a site shall be calculated based
on the principal street frontage; one tree is required for each 20
feet. For lots that have minimal frontage due to the existence of
satellite lots in an unified retail center arrangement, the frontage
shall be considered the width of the lot measured at the frontage
of the building or buildings on the lot.
b.
In addition to the required minimum number of trees, one additional
required tree shall be planted for 8,712 square feet of total lot
area (i.e., five trees per acre). One-third of all such trees shall
be planted in the front yard and/or in areas with the highest potential
of public view.
c.
In addition to the required plantings in areas with the highest
potential of public view, the landscaping shall be distributed throughout
the site with emphasis on screening of unsightly site elements, such
as refuse enclosures, utility boxes, building mechanical equipment
and service doors and loading docks.
d.
Additional plantings of trees (deciduous and evergreen), ornamental
trees and shrubs above the minimum required herein shall be planted
consistent with the aesthetic style of the building.
f.
Landscaping shall not obstruct fire department view of external
fire alarms or access to the building, and shall not obstruct vision
triangles for both external or internal traffic flow.
g.
The natural topography shall be used in the design and layout
of the site.
h.
All landscaping shall be completed within nine months following
issuance of an occupancy permit.
i.
All plantings must be maintained. If at any time, required trees
shall die, be damaged or destroyed, such trees must be replaced in
the original approximate location.
j.
Prior to issuance of any building permit for the subject property
a letter of credit shall be submitted to the Village in a form acceptable
to the Village Attorney. The letter of credit shall be in the amount
of the estimated cost of landscape materials and installation, plus
an additional 10% for Village administrative costs (refundable if
landscaping completed by applicant), with said estimated cost verified
by a representative of the Village. If landscaping is installed in
phases, the Village may reduce the letter of credit to an amount of
the remaining estimated cost. However, the Village shall retain 25%
of the original letter of credit amount for one full year from the
date of full landscape plan installation. Should landscaping not be
completed within nine months of occupancy, or if landscape materials
that do not survive one full growing season are not replaced, the
Village shall draw upon the letter of credit as funds to complete
or replace landscaping.
(2)
Signage shall be as set forth under Article VII of this chapter.
(3)
Generally, building and parking setbacks from state controlled
rights-of-way are 50 feet, as regulated by the Wisconsin Department
of Transportation.
(k)
Accessory buildings, structures and uses.
(1)
Limitations:
a.
Accessory structures and uses are limited to those customarily
incidental to the approved principal use.
b.
No more than 20% of the total floor area (principal building
and accessory building gross floor area) shall be used for accessory
uses.
c.
Accessory buildings and structures may only be located in rear
yards, with the exception of those typically used for landscaping
and decorating such as flagpoles, ornamental light standards, lawn
furniture, sundials and birdbaths.
d.
No accessory building or structure shall be visible from the
principal street.
(2)
Permitted accessory buildings, structures and uses:
a.
Those customarily incidental to the principal use.
b.
Detached garages for storage of vehicles used in conjunction
with the principal use.
c.
Off-street parking and loading areas accessory to the principal
use.
d.
Solar collectors.
[Amended 2-16-2022 by Ord. No. 1000]
e.
Dish antennas, rear yard and roof mounted.
(3)
Setback: Same as for principal structure.
(4)
Proximity to principal building: No closer than 10 feet.
(5)
Maximum floor area: As approved by site plan and architectural
review.
(6)
Maximum number: As approved by site plan and architectural review.
(7)
Total coverage of all accessory structures: Not more than 20%
of rear yard area.
(8)
Satellite dish antennas. In addition to the requirements listed
above, satellite dish antennas are subject to the following:
a.
Multiple satellite dishes are permitted subject to proper screening
from visibility from street view.
b.
Satellite dish antennas shall be located no closer than five
feet to any alley lot line.
c.
Satellite dish antennas shall be constructed and anchored in
such a manner to withstand winds of 80 miles per hour, shall be made
of corrosive-resistant materials, and must not interfere with reception
on adjacent properties.
d.
No advertising shall be displayed on a satellite dish antenna
except for a nameplate, no more than one square foot in area, displaying
the name and address of the manufacturer, distributor and/or retailer.
(9)
[Refuse storage:] For refuse storage, see Subsection (g) of
this section.
[Ord. No. 698, § VI, 1-21-2003; Ord. No. 710, § III, 5-20-2003]
(a)
Intent. The B-5 planned business and light industrial development
district is intended to provide for the development of an attractive
and aesthetic mixed grouping of offices, corporate headquarters, medical
facilities, limited light industrial uses, and limited support facilities
in a park-like setting that will fit harmoniously into surrounding
areas and provide lasting quality.
(b)
Permitted uses.
(2)
Existing residences in compliance with the provisions of R-3
single-family/duplex residential district.
(3)
Other uses similar to the previously referenced permitted use
list, subject to the approval of the Zoning Administrator, if the
use is not already listed as a conditional use or not allowed.
(d)
Dimensional requirements.
(e)
Satellite lot dimensional requirements.
(1)
Lot area requirements.
b.
Minimum lot size or confined leasable area: 1.5 acres (65,340
square feet).
c.
A satellite lot or lots shall be permitted when an integral
part of an unified commercial/retail center or business center of
not less than 10 acres in size and all controlled by a single developer's
agreement.
d.
All satellite lots in an unified commercial/retail center or
business center shall not exceed 30% of the total size of the commercial/retail
center or business center, including satellite lots, all controlled
by a single developer's agreement.
(2)
Setbacks.
a.
Minimum street yard setback (yard facing the public right-of-way
although access to the satellite lot may be internal through the center):
25 feet, per 25 feet of greenspace.
b.
Minimum interior side yard setback: 10 feet, per 10 feet of
greenspace.
c.
Minimum rear yard setback: 10 feet, per 10 feet of greenspace.
(f)
Design standards.
(1)
General requirements. The architectural design of all buildings
shall be subject to plan commission approval.
(2)
Building materials and colors.
a.
Exterior building materials shall convey an impression of durability.
All four sides of the building must use the same materials. Materials
such as masonry, stone, stucco, glass, Dryvit and precast walls are
permitted. Metal, aluminum and vinyl siding are not allowed as the
primary exterior building material, but may be used for accents with
a maximum of 10% coverage. Metal may also be used for mansards. Wood
is not permitted.
b.
Exterior building colors shall be nonreflective, subtle, neutral,
or earth tone. The use of high intensity colors, metallic colors,
black, or fluorescent colors shall be prohibited. Building trim and
architectural accent elements may feature brighter colors, but such
colors shall be muted, not metallic, not fluorescent, and not specific
to particular uses or tenants. Standard corporate and trademark colors
shall be permitted only on sign face and copy areas.
(3)
Roofing materials and style. Roofing materials are at the discretion
of the plan commission.
(4)
Mechanical units. All roof and wall-mounted mechanical, electrical,
communications, and service equipment, including vent pipes, must
be screened from public view by parapets, walls, or by other approved
means.
(g)
Refuse storage.
(1)
Trash dumpsters shall be screened from public rights-of-way
and adjacent property by an enclosure with walls a minimum of six
feet in height. The walls shall be constructed of masonry compatible
with materials used on the street side of the principal building.
Access gates shall be constructed of woven wire fencing with opaque
screening material. It is preferred that a screened pedestrian entrance
be provided such that waste may be deposited without opening the large
access gates.
(2)
All garbage/waste shall be within an enclosure. All garbage
cans, trash dumpsters, trash containers, and other storage devices
situated on any property shall be closed containers with lids.
(3)
Refuse storage areas may not be located on any street side of
any principal or accessory building except by prior plan commission
approval.
(4)
Refuse storage areas may be freestanding or attached to a principal
or accessory structure.
(5)
Refuse storage shall not be considered an accessory structure,
but shall be of a size to adequately store all refuse and recyclables
anticipated to be generated by use or uses on subject property.
(6)
The size, height, location, setbacks and design of the refuse
storage shall be approved by the plan commission.
(i)
Sidewalks, driveways, parking and loading.
(1)
Parking areas shall not encroach into required greenspace, nor
shall driveways or sidewalks, except to pass through this area as
close to 90° to the roadway as practical.
(2)
Sidewalks shall be reviewed by the plan commission.
(3)
Driveways shall be provided as set forth in § 100-403(a)(1) and § 100-404.
(j)
General development requirements.
(1)
Landscaping. Landscaping plans are subject to plan commission
review and approval. Any alteration to that plan shall be subject
to further plan commission review and approval.
a.
The minimum number of trees on a site shall be calculated based
on the principal street frontage; one tree is required for each 20
feet. For lots that have minimal frontage due to the existence of
satellite lots in an unified retail center arrangement, the frontage
shall be considered the width of the lot measured at the frontage
of the building or buildings on the lot.
b.
In addition to the required minimum number of trees, one additional
required tree shall be planted for 8,712 square feet of total lot
area (i.e., five trees per acre). One-third of all such trees shall
be planted in the front yard and/or in areas with the highest potential
of public view.
c.
In addition to the required plantings in areas with the highest
potential of public view, the landscaping shall be distributed throughout
the site with emphasis on screening of unsightly site elements, such
as refuse enclosures, utility boxes, building mechanical equipment
and service doors and loading docks.
d.
Additional plantings of trees (deciduous and evergreen), ornamental
trees and shrubs above the minimum required herein shall be planted
consistent with the aesthetic style of the building.
f.
Landscaping shall not obstruct fire department view of external
fire alarms or access to the building, and shall not obstruct vision
triangles for both external or internal traffic flow.
g.
The natural topography shall be used in the design and layout
of the site.
h.
All landscaping shall be completed within nine months following
issuance of an occupancy permit.
i.
All plantings must be maintained. If at any time, required trees
shall die, be damaged or destroyed, such trees must be replaced in
the original approximate location.
j.
Prior to issuance of any building permit for the subject property
a letter of credit shall be submitted to the Village in a form acceptable
to the Village Attorney. The letter of credit shall be in the amount
of the estimated cost of landscape materials and installation, plus
an additional 10% for Village administrative costs (refundable if
landscaping completed by applicant), with said estimated cost verified
by a representative of the Village. If landscaping is installed in
phases, the Village may reduce the letter of credit to an amount of
the remaining estimated cost. However, the Village shall retain 25%
of the original letter of credit amount for one full year from the
date of full landscape plan installation. Should landscaping not be
completed within nine months of occupancy, or if landscape materials
that do not survive one full growing season are not replaced, the
Village shall draw upon the letter of credit as funds to complete
or replace landscaping.
(2)
Signage requirements. In addition to the requirements set forth
in Article VII of this chapter, the following restrictions apply:
a.
Projecting signs, roof signs, window signs, neon signs, and
post-mounted signs are prohibited.
b.
Only wall signs and ground-mounted (monument) signs are permitted.
c.
Directional signs are permitted only by prior committee approval.
d.
Sign text is limited to the names of the building owner, occupants,
and product or occupation.
(k)
Accessory buildings, structures and uses.
(1)
Limitations:
a.
Accessory structures and uses are limited to those customarily
incidental to the approved principal use.
b.
No more than 20% of the total floor area (principal building
and accessory building gross floor area) shall be used for accessory
uses.
c.
Accessory buildings and structures may only be located in rear
yards, with the exception of those typically used for landscaping
and decorating such as flagpoles, ornamental light standards, lawn
furniture, sundials and birdbaths.
d.
No accessory building or structure shall be visible from the
principal street.
(2)
Permitted accessory buildings, structures and uses:
a.
Those customarily incidental to the principal use.
b.
Detached garages for storage of vehicles used in conjunction
with the principal use.
c.
Off-street parking and loading areas accessory to the principal
use.
d.
Auxiliary power generators.
e.
Solar collectors.
[Amended 2-16-2022 by Ord. No. 1000]
f.
Dish antennas, rear yard and roof mounted.
(3)
Setback: Same as for principal structure.
(4)
Proximity to principal building: No closer than 10 feet.
(5)
Maximum floor area: As approved by site plan and architectural
review.
(6)
Maximum number: As approved by site plan and architectural review.
(7)
Total coverage of all accessory structures: Not more than 20%
of rear yard area.
(8)
Satellite dish antennas. In addition to the requirements listed
above, satellite dish antennas are subject to the following:
a.
Only one satellite dish antenna is permitted.
b.
Satellite dish antennas shall be located no closer than five
feet to any alley lot line.
c.
Satellite dish antennas shall be constructed and anchored in
such a manner to withstand winds of 80 miles per hour, shall be made
of corrosive-resistant materials, and must not interfere with reception
on adjacent properties.
d.
No advertising shall be displayed on a satellite dish antenna
except for a nameplate, no more than one square foot in area, displaying
the name and address of the manufacturer, distributor and/or retailer.
[Ord. No. 698, § VII, 1-21-2003; Ord. No. 842, § I, 4-19-2011; Ord. No. 853, §§ II (App. A), III(App. B), 11-15-2011; Ord. No. 886, § I(App. A), 10-21-2014;
amended 9-16-2020 by Ord. No. 985]
|
P = Permitted Use, C = Conditional Use, Blank = Not Allowed
|
|
CE = Conditional Use for Uses Existing as of November 24, 2011
|
|
Use
|
B-1
|
BFD-1/2
|
B-2
|
B-3
|
B-4
|
B-5
|
|---|---|---|---|---|---|---|
|
Residential Uses
| ||||||
|
General Residential
| ||||||
|
Single-family dwelling (1)
|
C
|
P
| ||||
|
Two-family dwelling
| ||||||
|
Multifamily dwelling
| ||||||
|
Live-work unit
|
P
| |||||
|
Mobile home
| ||||||
|
Second-floor dwelling units in mixed use buildings
|
P
| |||||
|
Watchman/service quarters
| ||||||
|
Group Residential
| ||||||
|
Adult family home
| ||||||
|
Convent, rectory, or monastery
| ||||||
|
Dormitory
| ||||||
|
Fraternity or sorority
| ||||||
|
Rooming house
| ||||||
|
Foster Homes
| ||||||
|
Family foster home
| ||||||
|
Group home or group foster home
| ||||||
|
Small foster home
| ||||||
|
Shelter Care Facilities
| ||||||
|
Community living arrangement
| ||||||
|
Family shelter care facility
| ||||||
|
Large group shelter care facility
| ||||||
|
Senior care facility
|
C
| |||||
|
Small group shelter care facility
| ||||||
|
Educational Uses (2)
| ||||||
|
Day care center
|
P
|
C
|
P
|
P
|
P
|
P
|
|
Family day care home
|
P
|
P
|
P
| |||
|
Community-Serving Uses (2)
| ||||||
|
Cemetery or other place of interment
|
C
|
C
|
C
|
C
|
C
| |
|
Community center
|
C
|
C
|
C
|
C
|
C
| |
|
Cultural institution
|
C
|
P
|
C
|
C
|
C
|
C
|
|
Library
|
C
|
P
|
C
|
C
|
C
|
C
|
|
Public safety facility
|
C
|
P
|
C
|
C
|
C
|
C
|
|
Religious Assembly (such as churches, synagogues,
etc.)
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Commercial and Office Uses (2)
| ||||||
|
Artist studio
|
C
|
P
|
P
|
P
|
P
|
P
|
|
Bank or other financial institution
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Currency exchange, payday loan agency, or title
loan agency
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Garden supply or landscaping center
|
C
|
C
|
C
|
P
|
P
|
P
|
|
Office, general
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Office, government
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Outdoor merchandise sales
|
C
|
C
|
C
|
C
|
C
| |
|
Retail establishment, adult(3)
|
C
|
C
|
C
|
C
| ||
|
Retail establishment, general(4) (with gross area
of the space occupied by said establishment up to 20,000 square feet)
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Retail establishment, general (4) (with gross area
of the space occupied by said establishment 20,000 square feet and
above)
|
P
|
P
|
P
|
P
| ||
|
Lumber yard
|
P
|
P
| ||||
|
Home improvement center
|
P
|
P
|
P
| |||
|
Secondhand store
|
C
|
C
|
C
|
C
|
C
| |
|
Health Care and Social Assistance Uses (2)
| ||||||
|
Emergency residential shelter
|
C
|
C
| ||||
|
Health clinic (including dental, chiropractic, etc.)
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Hospital
|
C
|
C
| ||||
|
Medical office (including dental, chiropractic,
etc.)
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Medical research laboratory
|
C
|
C
| ||||
|
Medical service facility (retail sales)
|
C
|
C
|
C
|
C
|
C
| |
|
Nursing home
|
C
| |||||
|
Social service facility
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Service Uses
| ||||||
|
General Service Uses (2)
| ||||||
|
Building maintenance service
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Business service
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Catering service
|
C
|
C
|
C
|
P
|
P
|
P
|
|
Dry cleaning establishment
|
P
|
C
|
P
|
P
|
P
|
P
|
|
Funeral home
|
C
|
C
|
P
|
P
|
P
|
P
|
|
Furniture and appliance rental and leasing
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Household maintenance and repair service
|
P
|
C
|
P
|
P
|
P
|
P
|
|
Laundromat
|
P
|
C
|
P
|
P
|
P
|
P
|
|
Personal service
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Tool/equipment rental facility (inside only)
|
C
|
C
|
P
|
P
|
C
|
C
|
|
Tool/equipment rental facility (any outside display
or storage)
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Animal Services
| ||||||
|
Animal boarding facility
|
C
|
C
|
C
|
C
| ||
|
Animal grooming or training facility
|
C
|
C
|
C
|
C
| ||
|
Animal hospital/clinic
|
C
|
C
|
C
|
C
| ||
|
Motor Vehicle Uses
| ||||||
|
Light Motor Vehicle
| ||||||
|
Body shop
|
C
|
C
|
C
|
C
| ||
|
Wholesale facility
|
C
|
C
| ||||
|
Rental facility
|
C
|
C
|
C
| |||
|
Repair facility
|
C
|
C
|
C
| |||
|
Sales facility, new light vehicle and accessory
used vehicle sales, along with a body shop, car wash and other uses
accessory to new and used vehicle sales
|
C
|
C
|
C
|
C
| ||
|
Sales facility, used vehicle sales only
|
C
|
C
| ||||
|
Heavy Motor Vehicle
| ||||||
|
Body shop
|
C
| |||||
|
Rental facility
|
C
|
C
| ||||
|
Repair facility
|
C
| |||||
|
Sales facility; new heavy vehicle and accessory
used sales
|
C
| |||||
|
General Motor Vehicle
| ||||||
|
Car wash, free standing
|
C
|
C
|
C
|
C
| ||
|
Drive-through facility, with a permitted or conditional
use
|
C
|
C
|
C
|
C
|
C
| |
|
Fuel filling station, including accessory car wash
|
C
|
CE
|
C
|
C
|
C
|
C
|
|
Electrical charging station, accessory
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Electrical charging station, stand alone
|
C
|
C
|
C
|
C
| ||
|
Parking/Heavy Motor Vehicle
| ||||||
|
Heavy motor vehicle parking lot, accessory use
|
C
|
C
| ||||
|
Heavy motor vehicle parking lot, principal use
|
C
|
C
| ||||
|
Parking/Light Motor Vehicle
| ||||||
|
Parking lot, accessory use
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Municipal parking lot, principal use
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Parking structure, accessory use
|
C
|
C
|
C
|
P
|
P
|
P
|
|
Parking structure, principal use
|
C
|
P
|
P
|
P
| ||
|
Recreational Vehicle
| ||||||
|
On-road recreational vehicle sales facility, new
and used, along with other uses accessory to on-road recreational
vehicle sales
|
C
|
C
|
C
|
C
| ||
|
Off-road recreational vehicle sales facility, new
and used
|
C
|
C
|
C
| |||
|
Water craft recreational vehicle sales facility,
new and used
|
C
|
C
|
C
| |||
|
Recreational vehicle, rental facility
|
C
|
C
|
C
| |||
|
Recreational vehicle, repair facility
|
C
|
C
|
C
| |||
|
Accommodation and Food Service Uses (2)
| ||||||
|
Assembly hall
|
C
|
C
|
C
|
C
| ||
|
Bed and breakfast
|
P
|
P
| ||||
|
Hotel
|
C
|
C
|
P
|
P
|
P
|
P
|
|
Restaurant, fast-food/carry-out
|
P
|
P
|
P
|
P
|
P
| |
|
Restaurant, sit-down
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Tavern
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Entertainment and Recreation Uses
| ||||||
|
Clubs and lodges
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Convention and exposition center
|
C
|
P
|
P
| |||
|
Entertainment establishment, adult
| ||||||
|
Gaming facility
|
C
|
C
| ||||
|
Health club
|
P
|
P
|
P
|
P
| ||
|
Marina
|
C
|
C
|
C
|
C
|
C
| |
|
Park or playground
|
P
|
P
|
P
|
P
|
P
| |
|
Sports facility, indoor, with seating and property
over 2 acres
|
C
|
C
|
C
|
C
| ||
|
Theater, indoor
|
C
|
C
|
P
|
P
|
P
| |
|
Storage, Recycling, and Wholesale Trade Uses (2)
| ||||||
|
Material reclamation facility
| ||||||
|
Mixed-waste processing facility
| ||||||
|
Recycling collection facility
| ||||||
|
Salvage operation, indoor
| ||||||
|
Salvage operation, outdoor
| ||||||
|
Wholesale and distribution facility, indoor
| ||||||
|
Wholesale and distribution facility, outdoor
| ||||||
|
Storage Facilities
| ||||||
|
Indoor, mini-warehouse
|
C
|
C
| ||||
|
Indoor, other than mini-warehouse (coldstorage)
| ||||||
|
Outdoor
| ||||||
|
Transportation Uses
| ||||||
|
Airport
| ||||||
|
Ambulance service
|
C
|
C
| ||||
|
Ground transportation service
|
C
|
C
| ||||
|
Ship terminal or docking facility
| ||||||
|
Truck freight terminal
| ||||||
|
Industrial Uses (2)
| ||||||
|
Contractor's shop
|
C
|
C
|
C
| |||
|
Contractor's yard
|
C
|
C
| ||||
|
Manufacturing, heavy
| ||||||
|
Manufacturing, intense
| ||||||
|
Manufacturing, light
|
C
| |||||
|
Research and development
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Utility and Public Service Uses
| ||||||
|
Sewage treatment plant
| ||||||
|
Substation/distribution equipment, indoor
|
C
|
C
|
C
|
C
| ||
|
Substation/distribution equipment, outdoor
|
C
|
C
|
C
|
C
| ||
|
Water treatment plant
| ||||||
|
Temporary Uses
| ||||||
|
Concrete batch plant, temporary
| ||||||
|
Seasonal market
|
P
| |||||
|
Temporary real estate sales office
| ||||||
|
Notes to Permitted and Conditional Uses
| |
|---|---|
|
(1)
|
Single-family dwelling in B-1 must conform to R-3 standards.
|
|
(2)
|
Any drive-thru or drive-up service requires a conditional use
permit.
|
|
(3)
|
"Adult retail establishment" means an establishment in which
10% or more of the gross public floor area is devoted to, or 10% or
more of the stock-in-trade consists of the following: books, magazines
and other periodicals, movies, videotapes, compact discs, digital
versatile discs, novelty items, games, greeting card and other materials
which are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities.
|
|
(4)
|
"Retail establishment, general" means an establishment providing
retail sale of new products to the public and rendering services incidental
to the sale of such products, including, but not limited to, sales
of: art supplies and picture frames, art works, auto parts, baked
goods, bicycles, books, newspapers and magazines, collectibles, dry
goods, notions and novelties, flowers and plants, food and beverages,
furniture and floor coverings, hardware, hobbies, toys and games,
household goods, jewelry, luggage, major appliances, music, records,
compact discs and tapes, paint and wallpaper, pets, pharmaceutical
products, photo equipment and processing, sewing apparatus, sporting
goods, stationery, tobacco products and wearing apparel. This term
includes, but is not limited to, a grocery store, specialty food store,
antique store, liquor store, butcher shop, delicatessen, portrait
studio, furniture or appliance rental establishment or video rental
or sales business. This term does not include an adult bookstore.
|
|
Ambulance service. A privately owned facility for the dispatch,
storage and maintenance of emergency medical care vehicles.
| |
|
Car wash. An establishment providing washing, waxing or cleaning
of light motor vehicles, including access and queuing lanes. See § 100-403(m)
for queuing requirements.
| |
|
Drive-through facility. An establishment that provides service
directly to a driver or passengers in a vehicle, either through a
window of the establishment or outside the establishment to a parked
vehicle; such as at a restaurant, bank, pharmacy or grocery store.
| |
|
Electrical charging station, accessory. An establishment that
provides service to recharge light motor vehicles powered or partially
powered by a battery or batteries. The service provided shall be accessory
to a permitted use or an approved conditional use, and shall be limited
to a maximum of eight charging locations per property. Any electrical
charging station shall obtain site plan approval from the plan commission
and shall be located to encourage use but not reduce the amount of
required parking spaces or inhibit vehicular and pedestrian traffic
flow.
| |
|
Ground transportation service. An establishment providing the
storage, maintenance or dispatching of:
| |
|
1.
|
Public passenger vehicles.
|
|
2.
|
Vehicles licensed or otherwise regulated as human service vehicles
by the State of Wisconsin and used for the transportation of elderly
or handicapped persons.
|
|
3.
|
School buses, as described in Wisconsin Statutes.
|
|
Fuel filling station for heavy motor vehicle. An establishment
providing retail sale of fuel for heavy motor vehicles, but not heavy
motor vehicle maintenance or repair work on the premises. This term
includes accessory retail sales, commonly referred to as a convenience
store. A fast food restaurant is allowed with a separate conditional
use if so allowed within the zoning district.
| |
|
Fuel filling station for light motor vehicle. An establishment
providing retail sale of fuel for light motor vehicles, but not light
motor vehicle maintenance or repair work on the premises. This term
includes accessory retail sales, commonly referred to as a convenience
store. A fast food restaurant is allowed with a separate conditional
use if so allowed within the zoning district.
| |
|
Heavy motor vehicle. A vehicle that is either duly registered
and licensed or capable of being registered in the State of Wisconsin,
used to transport passengers or property to further a commercial enterprise.
For the purpose of this definition, a vehicle meeting any one of the
following criteria shall be a heavy motor vehicle:
| |
|
1.
|
Any vehicle greater than 8,500 pounds gross vehicle weight.
|
|
2.
|
Any vehicle rated by a manufacturer with a load capacity of
more than one ton.
|
|
3.
|
Any vehicle registered for hire or as commercial in the State
of Wisconsin.
|
|
4.
|
Any vehicle capable of carrying more than 12 passengers.
|
|
5.
|
Any vehicle 21 feet or longer in length.
|
|
6.
|
Any vehicle more than eight feet in height, with properly inflated
tires, measured from the ground to the highest part of the vehicle
including any racks but excluding any antennas.
|
|
Heavy motor vehicle body shop. An establishment providing for
the repair or rebuilding of heavy motor vehicle bodies by the replacement,
smoothing, sanding or painting of the exterior surfaces of such vehicles
within an enclosed building. Such facility shall be located on a minimum
five acre property, or located on a minimum 10 acre property when
multiple heavy motor vehicle use categories are provided on the same
property. The parking of heavy motor vehicles to be repaired shall
be located in the rear yard and behind the repair building and shall
be enclosed by a fence a minimum of eight feet in height and screened
from view of neighboring properties with the use of berms, trees and
other landscaping, as recommended by the plan commission and approved
by the Village Board.
| |
|
Heavy motor vehicle parking lot, principal use. Surface parking
spaces for heavy motor vehicles, along with adjacent access drives
and aisles, where the parking spaces are not located in a structure
and the parking of such vehicles is the principal use of the premises.
This term includes both commercial parking operations and private
surface parking lots, but does not include parking lots that are used
exclusively for the parking of light motor vehicles. An on-site restroom
shall be provided. The heavy motor vehicles shall be enclosed by a
fence a minimum of eight feet in height and screened from view of
neighboring properties with the use of berms, trees and other landscaping,
as recommended by the plan commission and approved by the Village
Board.
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Heavy motor vehicle rental facility. An establishment where
contracts are prepared or reservations accepted for the rental or
leasing of heavy motor vehicles. This term includes accessory storage
of vehicles, but does not include on-premises maintenance of vehicles
or a tool/equipment rental facility except if approval is granted
for other use categories on the same property. On-site light maintenance
can occur to facilitate rental such as washing and cleaning of the
vehicle exterior and interior including replacement of safety equipment
such as light bulbs, batteries and flat tires. Such facility shall
be located on a minimum five acre property, or located on a minimum
10 acre property when multiple heavy motor vehicle use categories
are provided on the same property. The conditional use may allow the
on-site refueling of the rental vehicles. The parking of heavy motor
vehicles for rental shall be located in the rear yard and behind the
repair building and shall be enclosed by a fence a minimum of eight
feet in height and screened from view of neighboring properties with
the use of berms, trees and other landscaping, as recommended by the
plan commission and approved by the Village Board.
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Heavy motor vehicle repair facility. An establishment providing
for the repair or servicing of heavy motor vehicles, including the
sale, installation and servicing of related equipment and parts, where
all such work is performed within an enclosed building. This term
includes, but is not limited to, the repair or servicing of batteries,
tires, mufflers, brakes, shocks, transmissions, engines or upholstery.
Receiving a conditional use permit for a heavy motor vehicle repair
facility shall not permit the business to engage in vehicle dismantling
or salvage, tire retreading or recapping, or body work and painting.
A heavy motor vehicle repair facility shall be located on a minimum
five acre property, or located on a minimum 10 acre property when
multiple heavy motor vehicle use categories are provided on the same
property. The parking of heavy motor vehicles to be repaired shall
be located in the rear yard and behind the repair building and shall
be enclosed by a fence a minimum of eight feet in height and screened
from view of neighboring properties with the use of berms, trees and
other landscaping, as recommended by the plan commission and approved
by the Village Board.
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Heavy motor vehicle sales facility. An establishment providing
retail sale of heavy motor vehicles, including incidental storage
and maintenance. Such facility shall be located on a minimum five
acre property, or located on a minimum 10 acre property when multiple
heavy motor vehicle use categories are provided on the same property.
The heavy motor vehicles parked in the rear yard or behind the sales
office building shall be enclosed by a fence a minimum of eight feet
in height and screened from view of neighboring properties with the
use of berms, trees and other landscaping, as recommended by the plan
commission and approved by the Village Board.
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Light motor vehicle. An automobile, truck, motorcycle or other
trackless, self-propelled vehicle designed primarily to transport
persons or property over public streets and highways, no greater than
8,500 pounds gross vehicle weight.
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Light motor vehicle body shop. An establishment for providing
the repair or rebuilding of light motor vehicle bodies by the replacement,
smoothing, sanding or painting of the exterior surfaces of such vehicles
within an enclosed building.
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Light motor vehicle rental facility. An establishment where
contracts are prepared or reservations accepted for the rental or
leasing of light motor vehicles. This term includes incidental storage
of vehicles, but does not include on-premises maintenance of vehicles
or a tool/equipment rental facility; except that on-site light maintenance
can occur to facilitate rental such as washing and cleaning of the
vehicle exterior and interior including replacement of safety equipment
such as light bulbs, batteries and flat tires. The conditional use
may, at the discretion of the plan commission, allow the on-site refueling
of rental vehicles. A light motor vehicle rental facility shall be
located on a minimum 10 acre property, with storage of vehicles enclosed
by a fence a minimum of eight feet in height and screened from view
of neighboring properties with the use of berms, trees and other landscaping,
as recommended by the plan commission and approved by the Village
Board.
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Light motor vehicle repair facility. An establishment providing
for the repair or servicing of light motor vehicles, including the
sale, installation and servicing of related equipment and parts. All
repair or servicing shall be performed within an enclosed building.
The work to be permitted under this conditional use shall include,
but is not limited to, the repair or servicing of batteries, tires,
mufflers, wheels, brakes, shocks, transmissions, engines and upholstery.
Receiving a light motor vehicle repair facility conditional use permit
shall not permit vehicle dismantling or salvage, tire retreading or
recapping, or bodywork and painting.
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Light motor vehicle sales facility, new and accessory used.
An establishment providing wholesale and retail sale of light motor
vehicles, including incidental storage and incidental maintenance.
This term does not include solely a light motor vehicle wholesale
facility. A new and accessory used light motor vehicle sales facility
may be combined with a light motor vehicle repair facility if both
uses are allowed within the specific zoning district. The sale of
used light motor vehicles shall only be allowed as an accessory use
to new light motor vehicle sales with all light motor vehicles available
for sale on a property to include at least 20% new light motor vehicles.
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Light motor vehicle sales facility, used. An establishment providing
only retail sale of used light motor vehicles, including incidental
storage and incidental maintenance. Incidental maintenance shall be
limited to such tasks as exterior and interior washing and cleaning
of the vehicle and replacement of safety equipment such as light bulbs,
batteries and flat tires.
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Light motor vehicle wholesale facility. An office for wholesale
trade of light motor vehicles sold and stored on the premises. Such
facility shall be located on a minimum 10 acre property, with storage
of vehicles enclosed by a fence a minimum of eight feet in height
and screened from view of neighboring properties with the use of berms,
trees and other landscaping, as recommended by the plan commission
and approved by the Village Board.
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Municipal parking lot, principal use. Surface parking spaces
for five or more light motor vehicles, and adjacent access drives
and aisles, where the parking spaces are not located in a structure
and the parking of motor vehicles is the principal use of the premises,
owned by the Village of Mukwonago. This term includes parking structures
and surface parking lots, but does not include the parking of heavy
motor vehicles.
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Park or playground. A public, noncommercial park, playground
or open space.
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Parking lot, accessory use. Surface parking spaces for five
or more light motor vehicles, adjacent access drives and aisles, where
the parking spaces are not located in a structure and the parking
of motor vehicles is not the principal use of the premises. This term
does not include commercial parking operations, which shall be considered
a principal use, or the parking of heavy motor vehicles.
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Parking structure, accessory use. Parking spaces and adjacent
access drives, aisles and ramps that are located in a structure with
two or more levels, where the parking structure is not the principal
use of the premises. This term does not include commercial parking
operations, which are a principal use. This term does not include
private one-story garages for single-family, two-family or multifamily
dwellings or parking spaces that are integrated into a larger structure
that houses the principal use of the premises.
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Parking structure, principal use. Parking spaces and adjacent
access drives, aisles and ramps that are located in a structure with
two or more levels, where the parking structure is the principal use
of the premises. This term includes commercial parking operations
as well as private parking structures. This term does not include
private one-story garages for single-family, two-family or multifamily
structures. An on-site restroom shall be provided.
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Passenger terminal. A facility for passenger transportation
operations, including, but not limited to, a passenger rail station,
bus terminal or passenger ship terminal. This term does not include
an airport or heliport. Such facility shall be located on a minimum
five acre property, with storage of vehicles used for passenger transportation
enclosed by a fence a minimum of eight feet in height and screened
from view of neighboring properties with the use of berms, trees and
other landscaping, as recommended by the plan commission and approved
by the Village Board.
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Recreational vehicle, off-road. A vehicle designed to travel
on unpaved roads, tracks, beaches or rough terrain rather than on
a public road, street and highway, such as a snow mobile, all-terrain
vehicle (ATV), off-road motorcycle or similar vehicle used for recreational
purposes. The sale of used off-road recreational vehicles shall only
be allowed as an accessory use to new off-road recreational vehicle
sales with all off-road recreational vehicles available for sale on
a property to include at least 20% new off-road recreational vehicles.
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Recreational vehicle, on-road. A vehicle licensed and able to
be moved at-will by internal motorization or towed by another light
motor vehicle or heavy motor vehicle on a public road, street and
highway; such as a motor home, converted van or bus, pick-up with
pop-up camper, travel trailer, camping trailer, tent-trailer or similar
vehicle used for travel, vacation or recreational purposes. The sale
of used on-road recreational vehicles shall only be allowed as an
accessory use to new on-road recreational vehicle sales with all on-road
recreational vehicles available for sale on a property to include
at least 20% new on-road recreational vehicles.
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Recreational vehicle, water craft. A floating motorized or non-motorized
vehicle designed for recreation use on bodies of water, such as a
boat, sail boat, personal water craft, pontoon boat or canoe. An establishment
may sell new water craft, or new and used water craft, but not only
used water craft and accessories. The sale of water craft may include
the sale of new and used outboard motors and boat trailers.
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Recreational vehicle rental facility. An establishment where
contracts are prepared or reservations accepted for the rental or
leasing of recreational vehicles; off-road, on-road or water craft,
or all or any combination of the three categories of recreational
vehicle. This term includes incidental storage of vehicles, but does
not include on-premises maintenance of recreational vehicles or a
tool/equipment rental facility; except that light maintenance can
occur to facilitate rental such as washing and cleaning of the vehicle
exterior and interior replacement of safety equipment. Such facility
shall be located on a minimum three acre property, with storage of
recreational vehicles enclosed by a fence a minimum of eight feet
in height and screened from view of neighboring properties with the
use of berms, trees and other landscaping, as recommended by the plan
commission and approved by the Village Board.
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Recreational vehicle repair facility. An establishment providing
the repair of servicing of off-road, on-road or water craft recreational
vehicles, including the sale, installation and servicing of related
equipment and parts, where all such work is performed within an enclosed
building. Such facility for on-road recreational vehicle repair shall
be located on a minimum five acre property. A recreational vehicle
repair facility for solely off-road or water craft recreational repair
shall be located on a minimum three acre property. Storage of recreational
vehicles shall be enclosed by a fence a minimum of eight feet in height
and screened from view of neighboring properties with the use of berms,
trees and other landscaping, as recommended by the plan commission
and approved by the Village Board. A recreational vehicle repair facility
may be incorporated with a recreational vehicle sales facility if
meeting the minimum property size.
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Truck freight terminal. A facility for truck-based freight service
and operations, including, but not limited to, local pickup, local
sorting and terminal operations, line-haul loading and unloading,
destination sorting and terminal operations and local delivery. Such
facility shall be located on a minimum 10 acre property, with parking
of heavy motor vehicles enclosed by a fence a minimum of eight feet
in height and screened from view of neighboring properties with the
use of berms, trees and other landscaping, as recommend by the plan
commission and approved by the Village Board.
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